Process case and submit report.

The following observations has been observed i.e:- 1. Not submitted the copy of detail of raw material obtained from legal mines . 2 Not submitted the detail of air pollution control device installed as per notification dated 11.05.2016 3. Not submitted the detail of purchase of raw material , sale ,production of material as per notifciation dated 11.05.2016 . 4. Not submitted the compliance of the schedule-II of the notification dated 11.05.2016.5 Not submitted the fresh sample report under air act. 6. Not meeting the sitting parameters as per notification 11.05.2016. 7. Not submitted the proof of land as per notification 11.05.2016. May issue SCN for refusal please

SCN issued.

1.) Copy of the detail of the raw material purchased from legal sources/mines was attached along with application. 2.) Detail of the Pollution control devices: - a.) Metaled road is already provided in the premises. b.) There are more than 300 fully grown and newly planted trees around the premises. Some more trees have been planted. c.) The Wind Breaking Wall measuring 18ft*200ft is already provided in the premises. d.) Energy meter is installed. e.) Proper steel and brick sheds are already provided on the plant & machinery. f.) 55 Water sprinklers are already installed in and around the premises. 3.) Detail of sales, purchases and production (Sales Tax Return) is attached herewith. 4.) Compliance of schedule II of notification 11.05.16 is mentioned in above mentioned point number 2. 5.) Fresh Sample Report dated 09.02.16 was attached with application form. This sample report is never attached/used with any other consent earlier. 6.) Undertaking regarding shifting of the stone crusher under the notification dated 11.05.16 not meeting the siting parameters has already been submitted in your office. 7.) Copy of the Jamabandi is attached herewith in whch the concerned patwari has mentioned the case details regarding stay on the dispute of the ownership of land which is pending in the court.

The unit has submitted the reply but reply of the following points is still pending i.e 1 not submitted the detail of lease deed / proof of land as per notification dated 11.05.2016. 2 not submitted the fresh sample report under air act . 3 not fill the blank column in the application form.May issue SCN for refusal please.

Clarification issued.

It is submitted that the stone crusher units established & operating outside Burj kotian zone in villages Chandimandir, Surajpur, Tanda, Kiratpur and Rampur Seuri has filed a CWP no. 14258 of 2016 titled Kaithal Stone Crusher and others V/s State of Haryana and others in Hon'ble Punjab & Haryana High Court. The said matter was taken up on 08.02.2017 and as per the orders dated 08.02.2017 the Hon'ble Punjab & Haryana High Court, stated that "controlled area plan of the area concerned was produced in court. In terms thereof, stone crushing zone falls just adjoining to Kot Billa Urban Complex. From the plan, it is evident that the zone falls in protected forest. Learned counsel for the State, on instructions from Vijay Kumar, DTP (HQ), O/o DTCP, Haryana Chandigarh, Satinder Pal, Regional Oficer, HSPCB, Panchkula and R.K Chauhan, Scientist Grade-I, Environment Department, Haryana submitted that some time be granted to the respondents to re-examine the issue as certain old record, relied upon by the petitioners, is not available. The petitioners have the approval to carry on their activity at the present place of business, which is expiring on 31.03.2017. As the location of crushing zone itself is in dispute, learned counsel for the State submitted that in case the petitioners furnish undertaking within two weeks that they will shift to the proposed identified crushing zone, they will not be disturbed at the present place of business." The applicant stone crusher unit has also applied for renewal of the CTO online and the case is pending for submitting the valid proof of land/lease deed by the applicants. The unit owners has submitted their reply however not submitted the valid/registered lease deed as per the notification dated 11.05.2016. These stone crushers are running under the 2N schedule as per the previous stone crusher notification dated 18.12.1997 and has to be shifted to some other site which is meeting the sitting criteria as per notification dated 11.05.2016 before 11.05.2019. As per the stone crusher notification dated 11.05.2016 the stone crusher unit running outside the crushing zone either have to possess land taken on lease should be registered with Revenue Department and if on Panchayat land then should be with the written permission from Principal Secretary to Govt. of Haryana, Panchayat & Development Department. However as the Hon'ble Punjab & Haryana High Court order dated 08.02.2017, if the applicant unit furnish undertaking within two weeks that they will shift to the proposed identified crushing zone, the applicant units will not be disturbed at the present place of business. From the above facts, it is clear that most of the units are not having valid land as per notification dated 11.05.2016. In view of above the necessary clarification may kindly be sought from the District Attorney, HSPCB and from Sh. Ankur Mittal, Aditional Advocate General, Haryana that whether the order dated 08.02.2017 of Hon'ble Punjab & Haryana High Court are also applicable if the applicant units are not having the valid lease deeds as per the provisions of stone crusher notification dated 11.05.2016 and to decide the pending CTO cases before expiry of the CTO i.e. 31.03.2017. Kindly send the consent case to higher authority for further necessary direction in deciding of CTO case.

The applicant stone crusher unit has applied for renewal of the CTO online as the present CTO is valid upto 31.3.2017. Observations were conveyed to the unit for submitting the valid proof of land/lease deed but the unit owner has not submitted the valid/registered lease deed as per the notification dated 11.05.2016. The stone crusher is running under the 2N schedule as per the previous stone crusher notification dated 18.12.1997 and has to be shifted to some other site which is meeting the sitting criteria as per notification dated 11.05.2016 before 11.05.2019. As per the stone crusher notification dated 11.05.2016 the stone crusher unit running outside the crushing zone either have to possess land taken on lease should be registered with Revenue Department and if on Panchayat land then should be with the written permission from Principal Secretary to Govt. of Haryana, Panchayat & Development Department. The said unit is not having valid land/lease deed as per notification dated 11.05.2016. A CWP no. 14258 of 2016 titled Kaithal Stone Crusher and others V/s State of Haryana and others has been filed in Hon'ble Punjab & Haryana High Court. The said unit is also applicant in the CWP pending before court .The matter was taken up on 08.02.2017 and as per the orders dated 08.02.2017 the Hon'ble Punjab & Haryana High Court, stated that if the applicant unit furnish undertaking within two weeks that they will shift to the proposed identified crushing zone, the applicant units will not be disturbed at the present place of business. The unit has submitted undertaking accordingly and has requested to grant CTO. Since the unit is not complying with the notification dated 11.5.2016 therefore CTO can't be granted but the court orders says the units will not be disturbed at the present place of business. The letter in this regard has already been sent to head office for taking necessary clarification from the District Attorney, HSPCB and from Sh. Ankur Mittal, Additional Advocate General, Haryana that whether the order dated 08.02.2017 of Hon'ble Punjab & Haryana High Court are also applicable if the applicant units are not having the valid lease deeds as per the provisions of stone crusher notification dated 11.05.2016. Kindly suggest further action required to be taken for deciding the CTO case.

Competent Authority has already ordered for filling of appeal against the order of High Court.The orders has already been conveyed to you to prepare the draft of appeal & got it finalised from the District Attorney but no action has been taken from your office inspite of reminders & verbal discussions.You are requested to prepare the appeal in consultation with the District Attorney & file it in the High Court without lose of time.Regarding the deciding of consent, you can proceed as per the merit of each case

Take action immediately as directed by Head office.

The Head Office, HSPCB has not given the clear cut directions whether the case may be refused or grant. Kindly send the request again to Head Office in view of the order passed by the Hon'ble Punjab & Haryana High Court on dated 08.02.2017.

The matter has been discussed by AEE with your self, with SEE-2 and DA but no clarity given to regional office whether the said case may be kept pending or be refused in view of the facts mentioned earlier. Kindly guide this office for taking further necessary action in terms of the orders passed by Hon'ble Punjab & Haryana High Court on dated 08.02.2017 in court matter Kaithal Stone Crusher v/s State of Haryana and others.

From your report it is not clear whether you have filed the appeal against the orders of the honourable high court before the competent court of law as already asked by SEE-II on 24/03/2017 and you have simply forwarded the case to give the clarification instead of deciding the same at your level as per powers delegated to ROs by the board for the projects having investment cost up to Rs. 10 Crore as this case falls under your purview. However, in case you have any legal issue or problem in deciding this case or similar cases then this is not the right platform to solve this issue as the technical officers doesn't have legal background. For this purpose the board has a separate legal cell headed by district attorney and such issues should be raised before the legal cell on hard copy giving all the facts, complications and issues along with relevant documents through the concerned branch in head office dealing with the general matters related to stone crushers as the issue raised in the writ petition referred in your report, is regarding creation of new zone and this court case matter is therefore being dealt by the branch of SEE-II due to which all the facts/ issues of the court case are not available with me and my branch. In view of above the case is referred back to take immediate action for filing the appeal in the above referred case, if not filed so far as already asked and take the clarification and legal opinion for deciding this and other similar consent cases, if required from the legal cell through concerned branch of SEE-II.

For immediate necessary compliance and take clarification from District Attorney and SEE-2.

Transfer to ynr region .kindly mark the application to concered please.

Pl. check the documents and submit recommendations.

Clarification may be issued to the unit. 1.Not submitted the detail of lease deed / proof of land as per notification dated 11.05.2016. 2.Not submitted the fresh sample report under air act . 3.Not filled the blank columns in the application form. Submit reply within 02 days.

Reminder sent to the unit.

The applicant stone crusher unit has applied for renewal of the CTO online as the present CTO is valid upto 31.3.2017. SCN was issued to the unit dated 01.02.2017 for submitting the valid proof of land/lease deed but the unit owner has not submitted the valid/registered lease deed as per the notification dated 11.05.2016. The stone crusher is running under the 2N schedule as per the previous stone crusher notification dated 18.12.1997 and has to be shifted to some other site which is meeting the sitting criteria as per notification dated 11.05.2016 before 11.05.2019. As per the stone crusher notification dated 11.05.2016 the stone crusher unit running outside the crushing zone either have to possess land taken on lease should be registered with Revenue Department and if on Panchayat land then should be with the written permission from Principal Secretary to Govt. of Haryana, Panchayat & Development Department. The said unit is not having valid land/lease deed as per notification dated 11.05.2016. A CWP no. 14258 of 2016 titled Kaithal Stone Crusher and others V/s State of Haryana and others has been filed in Hon'ble Punjab & Haryana High Court. The said unit is also applicant in the CWP pending before court. But the unit has not made any reply nor complying the notice. In view of above CTO may be refused.

CTO refused to the unit.