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if you want to read this judgment click on below link
https://legalanswer.in/2023/01/22/510/





Original Application No. 137/2021

Arti Sharma (Sarpanch) Applicant

Versus

State of Jammu & Kashmir & Ors. Respondent(s)

Date of hearing: 23.11.2022

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER

Applicant: Mr. Prakash Pandey, Advocate
Respondent: Mr. Anuj Kumar Sharma, Advocate for CPCB

ORDER

1. Grievance in this application is against operation of stone crushers
by M/s Diamond Stone Crusher, VPO Saranoo Tehsil, District Rajouri,
J&K and M/s Shankar Stone Crusher, VPO Saranoo Tehsil, District
Rajouri, J&K, in violation of environmental norms. Case of the applicant is
that the said stone crushers are located close to residential area and Tawi
River. Illegal borewells have been dug for extraction of ground water.
Requisite Environmental Clearance has not been taken. Illegal mining is
also done on the bank of Tawi River, using heavy machinery. Air pollution
is caused by using vehicles for transportation. This is resulting in lowering
of the water level, water scarcity, decreasing agriculture productivity, loss
of biodiversity, land degradation, soil erosion, unproductive waste lands,





8. We, thus, see no reason not to accept the report of the joint
Committee to the extent of finding about violations and failure to take
remedial action. The said report is accepted and directions issued to take
remedial action in terms of recommendations of the Committee and PPs
may be permitted to operate only after such compliance. However, on the

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issue of compensation, we are unable to accept the view of the Committee
that CPCB formula should be adopted as universal as it has approval of
NGT. The said formula has been approved by NGT as an interim
compensation which is only floor level formula subject to the judgments of
the Hon’ble Supreme Court in MC Mehtav. Union of India, (1987)1 SCC 395,
Sterlite Industries (India) Ltd. v. Union of India, (2013) 4 SCC 575 and Goel
Ganga Developers India Pvt. Ltd. v UOI, (2018) 18 SCC 257 which require
assessment of extent of damage to the environment, cost of restoration and
deterrent element having regard to the financial capacity of the PP.
Further, as per judgements in Goa Foundation (2014) 6 SCC 590 and
Common Cause (2017) 9 SCC 499, compensation for illegal mining is to be
equal to value of mined material, apart from loss to the environment.

9. On relevant basis compensation has to be reassessed. Pending such
re-assessment, interim compensation is to be assessed. Financial capacity
of M/s Shankar Stone Crusher is reflected in the royalty amount which is
Rs. 76 lakhs p.a. in the case. Value of mined material will run into more
than 7 crore. With regard to M/s Diamond Stone Crusher, we find from
the record that penalty/fine of Rs. 7 crore was assessed for illegal mining
which was stayed in WP (C) No. 1795/2021, M/s. Diamond Stone Crusher
Sarnoo, Rajouri vs. UT of J&K by the J&K High Court vide order dated
2.9.2021 on the ground that the PP was not heard. Thereafter, the matter
was considered by the Hon’ble Supreme Court vide order dated 20.5.2022
and the PPs were permitted to appear before this Tribunal so that Tribunal
could pass further order. In view of order of the Hon’ble Supreme Court,
we have no option but to pass order on merits. As already noted, the PPs
have themselves chosen not to appear. In these circumstances, we fix
interim compensation in respect of both the PPs at Rs. 7 crore each.
Further, the State PCB and the District Magistrate may ascertain the

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noise pollution, dust pollution, water pollution, loss of habitat of flora and
fauna. The stone crushers have not installed requisite pollution control
equipments nor created requisite green belts nor adopted other safeguards.
The statutory authorities are neglecting their duties. Though the State PCB
has issued guidelines for the safeguards to be employed by the stone
crushers, the said guidelines are neither followed nor monitored.

2. Vide order dated 30.06.2021, the Tribunal constituted a joint
Committee of CPCB, State PCB and District Magistrate, Rajouri to look into
the above grievances and to ascertain the extent of non-compliances.
Further directions were issued to prevent damage to the environment and
recover compensation for the past violations covering not only the cost of
mined materials but also cost of restoration and value of ecological services
forgone forever, with element of deterrence in terms of guidelines on the
subject. An action taken report was directed to be filed.