1. Grievance in this application is against illegal operation of a stone crusher in District Una, Himachal Pradesh resulting in pollution.
2. Vide order dated 11.01.2023, the Tribunal sought a factual report in the matter from Himachal Pradesh Pollution Control Board (HPPCB) and District Magistrate, Una, (Himachal Pradesh).
3. Accordingly, report dated 24.03.2023 has been filed by District Magistrate, Una acknowledging violations. Conclusion in the report is as follows:
“D. Conclusion
The joint inspection of the site of the stone crusher unit over Khasra no 5151& 5158 (Private land) measuring 00-39-19 Hectares falling in mauza & mohal Dharampur Tehsil Dharampur District Una H.P applied by Sh Kapil Sharma Sio Sh Sansar Chand was conducted on 27.10.2020 & Khasra no 5209,5194,5164,5192,5195,5163& 5191 measuring 00-88-66 Hectares (Private land) falling in mauza & mohal Dharampur Tehsil Dharampur District Una H.P applied by Sh. Rajender Singh S/o Sh Kashmir Singh was conducted on 17.12.2020 under the Chairmanship of Sub-Divisional Officer (Civil ) Haroli as per the guidelines of the Department of Science & Technology, Government of Himachal Pradesh notified vide Notification No. STE-E-(3)-17/2012 dated 29.05.2014. On the basis of this inspection provisional registration has been issued by the State Geologist vide in favour of Sh Rajender Singh S/o Sh Kasmir Singh on 01.02.2021 & Sh Kapil Sharma S/o Sh Sansar Chand on 29.01.2021 From the enquiry, it was observed that the sites fulfill the criteria of minimum safe distance specified in the above guidelines. However, Deputy Director (Agriculture) has submitted that an adequate dust suppression mechanism should be installed by the crushing unit for the prevention of potential damage to crops in the vicinity. In a notification No. STE-E-(5)-9/2018 dated 29.06.2021 issued by Environment, Science & Technology Department following pollution control measures are mandatory for running of stone crusher
o Every unit shall provide a wind-breaking wall along with a suitable enclosure to ensure adequate dust containment.
o Every Unit shall have a dust suppression system with water spray and sprinkling system.
o Dust extraction and collection system shall be provided at the crusher and transfer points in every Unit.
o Every Unit shall have an adequate water supply along with at least two days of water storage facility for running pollution control equipment.
o Facility for regular cleaning and wetting of the ground shall be provided.
o Trees of suitable species shall be planted to develop a green belt within and along the boundary of the premises.
o Dust suppression system, water sprinkler used in stone crusher shall be of uniform technology as it was noticed that at different location different kind of sprinkler system were being used which were observed and found to be causing wastage of water and excessive use of water. The mist, spray nozal system being quite efficient in controlling the dust pollution, shall be installed for dust suppression.
o The wind breaking walls shall be reconstructed scientifically with application of wind rose diagram for the unit i.e. towards, the predominant direction of wind and natural profile of the area.
Directions in this regard have been issued to District Mining Officer to ensure compliance of these guidelines by the stone crushing unit.”
4. From the above, it is seen that the unit is non-compliant in terms of requirement of dust suppresion system. It is not clear whether requisite CTO under the Air Act has been granted. Let further action be ensured by the State PCB and District Magistrate, Una, HP in accordance with law. State PCB will be nodal agency for coordination and compliance. It may be ensured that the unit does not operate without requisite CTO and if violations continue beyond specified time, the unit may be closed till compliance. Accountability for past violations be fixed following “Polluter Pays” principle.
The application is disposed of.
A copy of this order be forwarded to State PCB and District Magistrate, Una by e-mail for compliance.
