Srinagar, Dec 31: The High Court of Jammu & Kashmir and Ladakh Friday directed the J&K Pollution Control Board (PCB) to inform it regarding stone crushers or the macadam plants which may be causing environmental hazards.
The court directed the Regional Director, PCB to submit a report regarding the stone crushers or the macadam plants which may be causing environmental hazards at Gurez, Bandipora.
A division bench comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani passed the direction in a plea seeking closure of stone crusher and macadam plant which as per the petitioners is in process of construction illegally without environmental clearance permission (NOCs) as provided under environmental laws.
The petition filed by Noor Mohammad Lone and Ghulam Mohammad Lone through counsel Mir Majid Bashir stating that the private respondent, Bilal Ahmad Bhat of M/S Barkat Road Construction, is raising illegal and unauthorized construction of stone crusher and macadam plant adjacent to the land of petitioners at eco-fragile area at Gurez Bandipora.
It stated that the construction of stone cusher and macadam plant which is against environmental laws has wreaked havoc to the local area due to discharge of hazardous effluents in air and also noise beyond permissible decibels.
"The function of stone crusher and macadam plant has caused disastrous impact upon the eco system and soil and vegetation which has turned the adjacent land of petitioner barren," the plea stated.
It further stated that despite the complaints filed by the petitioners under the provisions of environmental laws (Environmental Protection Act- 1986, Air Prevention and Control of Pollution Act 1981 and Water Prevention Control Act 1974) and also under the provisions of Code of Criminal Procedure, the official respondents failed to take action against the violator, who is vandalizing the ecology by raising illegal construction of stone crusher thereby floating the laws with impunity without any remorse or respect for environment.
It is alleged in the plea that the construction and operation of stone crusher and macadam plant is made with active convenience of official respondents who despite repeated and regular representations made by petitioners for abatement of nuisance failed to discharge their statutory duties and initiate deterrent action against the violator.
"Such in action and failure to discharge statutory duties by official respondents has resulted in violation of legal, fundamental and constitutional rights of petitioners envisaged under Article 14 & 21 of the Constitution of India," it reads.
The plea further says that to protect environment, ecology, flora and fauna is a fundamental right of petitioners and official respondents are bound to protect the environment apart from discharging statutory duties under the provisions of environmental laws and other various laws.
The petition has sought a direction upon official respondents (Deputy Commissioner, Bandipora, Sub-Divisional Magistrate, Gurez, District Officer, PCB, Bandipora, and Tehsildar, Gurez) to discharge statutory duties.
It also seeks a direction upon private respondent to pay compensation (damages) for an amount of one crore in favour of petitioners for causing environmental degradation by invoking Polluter Pay Principal.
The plea has also sought a direction to initiate disciplinary action against erring official respondents for failure to discharge statutory duties and protect environment from pollution.