Order of the Supreme Court of India on Himalaya stone industry, Uttarakhand, 22/07/2022
Order of the Supreme Court of India in the matter of M/s Himalaya Stone Industry & Others Vs Tejinder Kumar Jolly & Others dated 22/07/2022.
The appellant stone units were established in the year 1985/1987 respectively. "The policy enunciated by the state of Uttarakhand in the year 2020 appears to exempt previously approved/established stone crusher, inter alia, from the duty to comply with the distance parameters which have been provided in the state policy," the SC order said.
The Uttarakhand Pollution Control Board said that the noise level observed during inspection was in conformity with the stipulated norms. The distance norms which have been proclaimed in the policy of 2020 by the state of Uttarakhand cannot be made applicable to the appellant units, the SC order said.
The SC emphasised that the appellant units must comply with all the other criteria in regard to the environment and pollution.
The Uttarakhand Pollution Control Board has been directed to make frequent visits to ensure that the stone units are working strictly in conformity with all the applicable norms. Weekly reports should be sent to the SC by the SPCB disclosing its observations/findings about the functioning of the appellant units.
The state of Uttarakhand and Uttarakhand Pollution Control Board has been directed to file affidavits and indicate as to how the area in which the appellant units are functioning is to be categorised for the purpose of noise pollution. Such affidavits should be filed. The appellants should take all necessary steps to ensure that noise emitted is in strict conformity with the norms. The Uttarakhand Pollution Control Board informed the court that it would take all necessary steps for installing equipment to ensure that the appellant stone units emit noise as is permitted in law.