HC imposes penalty on PCB for failure to submit report

Excelsior Correspondent

Srinagar, June 2: High Court today imposed a penalty on the Pollution Control Board for not submitting the report with regard to construction and running of stone crushers and macadam plants without environmental clearance permissions and laws.
Since the Regional Director, J&K Pollution Control Board has not filed his report as directed by the court earlier, the counsel appearing for PCB sought one month time to file the same. “A month’s further time is allowed for filing the said report subject to payment of cost of Rs 5000 ”, Division Bench of Chief Justice Pankaj Mithal and Justice Moksha Kazmi directed.
The PIL was filed by Noor Mohammad Lone and Ghulam Mohammad Lone through their counsel Mir 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 at eco-fragile area at Gurez Bandipora.
It was stated that the construction of stone crushers and macadam plants 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.
Despite the complaints filed under the provisions of environmental laws, Air Prevention and Control of Pollution Act 1981 and Water Prevention Control against the constructions of these crushers and plants, the official respondents of PCB have failed to take action against the violators for raising illegal construction of stone crusher thereby floating the laws with impunity without any remorse or respect for environment.
It is submitted in the plea that the construction and operation of stone crusher and macadam plant is made with active convenience of official respondents of PCB 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.
A direction is being sought upon the Deputy Commissioner, Bandipora, Sub-Divisional Magistrate, Gurez, District Officer, PCB, Bandipora, and Tehsildar, Gurez) to discharge their statutory duties and stop the operation of crushers and macadam plants in the area in question.