The Uttarakhand High Court has directed the Conservator of Forests to go and measure the physical distance between the outer boundary of the Rajaji National Park, and the concerned stone crusher unit.
A division bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma heard a PIL relating to pollution, allegedly caused by a stone crusher unit which is situated at Village Bhuvdevpur Patti, Haldukhata, Kotdwar, district of Pauri Garhwal. The bench further directed, “He should also define the terms “aerial distance” and “linear distance”, and the basis for calculating the same. He is directed to inform this Court the distance not from the buffer zone, or from the core zone, but from the boundary of the Rajaji National Park.”
The Court observed there is an utter confusion with regard to the distance between the boundary of the Rajaji National Park, and the location of the concerned stone crusher unit.
According to the map furnished by the petitioner, the distance is shown as 3.39 km. However, according to the affidavit submitted by the Conservator of Forest, the aerial distance of the stone crusher from the Rajaji National Park is 6.4 km, the linear distance of the outermost boundary of the stone crusher from the buffer area of the Rajaji Tiger reserve is about 161m.
The bench observed that the affidavit submitted is unclear on the following points:-
Firstly, it neither defines the term “aerial distance”, nor defines the basis for calculating the aerial distance.
Secondly, it does not categorically state whether the distance is being measured from the boundary of the Rajaji National Park, or from its core sector.
Thirdly, it neither defines the term “linear distance”, nor defines the basis for calculating the linear distance.
Fourthly, it does not define the buffer area of the Rajaji Tiger Reserve.
The affidavit merely states that the outermost boundary of the stone crusher from the buffer area of the Rajaji Tiger Reserve is about 161 meters. Most importantly, the Court noted that it does not answer the crucial issue of whether the concerned stone crusher unit is located within the eco-sensitive zone, or not.
Since the guidelines issued by the Central Government clearly prohibit the establishment of an industry, which causes air or noise pollution, within an eco-sensitive zone, it is imperative for the High Court to know whether the concerned stone crusher unit is functioning within an eco-sensitive zone, or not.
Since these points are absolutely unclear, the Court directed the present Conservator of Forest, firstly, to go and measure the physical distance between the outer boundary of the Rajaji National Park, and the concerned stone crusher unit. The Bench further directed to the officer to inform whether the stone crusher unit is located within the eco-sensitive zone.
On October 23 , the Bench while noting that the pagination in the two files submitted before the Court are absolutely different directed the counsel for the petitioner to correct the pagination of the files and to ensure that all the relevant documents are clearly marked for the perusal of the High Court.