The Gauhati High Court has directed the Secretary, Geology and Mining, Government of Arunachal Pradesh, for taking a note into the grievances of the petitioners related to the pollution caused by the stone crusher units.
The Itanagar Division Bench of Justice Nani Tagia and Justice Mitali Thakuria dismissed the Public Interest Litigation (PIL) that was filed raising the grievance about two stone crusher units set up by the respondents at Ayeng village Mebo, East Siang District, Pasighat which has caused pollution in the area because the two stone crusher units were set up in violation of the Arunachal Pradesh Stone Crusher Guidelines, 2012, more particularly guidelines No. 6.1(C), 6.1(D), 6.1(E), 6.1(F), 6.1(G) & 6.1(H) issued by the Department of Geology and Mining, Government of Arunachal Pradesh.
During the hearing, the petitioners counsel has not been able to apprise the High Court as to who is the competent authority to issue the license under the relevant law or the Arunachal Pradesh Stone Crusher Guidelines, 2012.
The Counsel for the petitioner, however, submits that Secretary, Geology and Mining, Government of Arunachal Pradesh may be the authority competent to issue license for setting up of a stone crusher unit.
After noting the observations above, the Court found that the PIL filed to be lacking in material particulars except to state that stone crusher unit set up by the respondents are causing pollution in the area for having set up the stone crushers in violation of the Arunachal Pradesh Stone Crusher Guidelines, 2012.
The Arunachal Pradesh Stone Crusher Guidelines, 2012, does not appear to have any statutory basis , observed by the High Court.
The Court said that it is inclined to dispose of this PIL in the stage of motion hearing itself by directing the Secretary, Geology and Mining, Government of Arunachal Pradesh, to look into the grievance of the petitioners as highlighted in this petition.
To enable the Secretary, Geology and Mining, Government of Arunachal Pradesh to examine the grievance of the petitioners, the petitioners shall submit a representation accompanied by a copy of the writ petition along with the annexures appended thereto, to the Secretary, Geology and Mining of Government of Arunachal Pradesh.
The order reads that the petition stands disposed of, in terms above.