NGT raps Haryana for giving more time to stone crushers on keeping distance from schools

The plea had said that there is no prohibition against setting up of stone crushers near educational institutions which results in violation of the Noise Pollution (Regulation and Control) Rules, 2000 (as amended in 2017). "According to the applicant, the Mines and Geology Department of the State of Haryana has issued Notification dated September 28, 1992 notifying 'Haryana Regulation and Control of Crusher Rules, 1992'.

The National Green Tribunal has rapped the Haryana government for granting an extension of time to stone crushers on maintaining distance from educational institutions. Haryana has no jurisdiction to grant time once there is a violation of environmental norms, it said. "The State is bound by the Public Trust Doctrine to enforce environment norms as such safeguards are part of the fundamental right of citizens to life. Once it is so, the State has no discretion to waive compliance only on the plea of avoiding litigation," said a bench headed by NGT Chairperson Justice A K Goel.

The NGT said the waiver to stone crushers is against the principle of sustainable development. It directed the Haryana government to submit further action taken and compliance report before January 14, 2021.

The State Pollution Control Board informed the NGT that some stone crushers were not meeting the prescribed norms. "Out of 58 such stone crushers, 10 have been closed. 39 are now complying and out of the remaining seven, five have been ordered to be closed while proceedings for closure are pending against two.

"It is also mentioned that the Government of Haryana has passed an order on May 19 granting an extension of time to stone crushers not meeting the siting criteria," the SPCB said. The green panel had earlier directed the Haryana government to finalize within two months as to what should be the distance of stone crushers from educational institutions in the state.

The direction had come on a plea moved by the Sardar Patel Jan Chetna Education Society that sought enforcement of an October 31, 2018, NGT order, directing the Director of Environment to take steps and specify the distance of stone crushers from educational institutions. The plea had said that there is no prohibition against setting up stone crushers near educational institutions which results in a violation of the Noise Pollution (Regulation and Control) Rules, 2000 (as amended in 2017).

"According to the applicant, the Mines and Geology Department of the State of Haryana has issued Notification dated September 28, 1992, notifying 'Haryana Regulation and Control of Crusher Rules, 1992'. Rule 3 (5) of the Noise Pollution Rules provides for 100 meters area around educational institutions and hospitals being declared as silence area. The said distance has been now increased to 250 meters vide Notification dated September 25, 2017. There is also a requirement for precautions for the protection of the forest, water bodies, health treatment units, etc. Some of the States have issued notifications laying down the distance from educational institutions within which no stone crusher can be set up," the plea had said.