Authority: High Court of Uttarakhand at Nainital

Order Date: 16 July 2026

Case Overview

  • Petitioner: SCIV‑RGBEL (JV), a joint venture of R G Buildwell Engineers Ltd.
  • Respondents: State of Uttarakhand & Others, including Uttarakhand Pollution Control Board.
  • Writ Petition: No.583 of 2026 filed on 16 July 2026.
  • Contract Details: The petitioner was awarded a strategic EPC work titled “Reconstruction with Geometric Improvement of existing single/Intermediate lane to 2 lane … of NH 109 in Uttarakhand” via a letter of acceptance dated 27‑01‑2018.
  • Petitioner’s Request: Permission to install a temporary mobile crushing plant for captive use during road construction, citing national‑importance of the NH‑109 project.
  • Initial Rejection: Application rejected per head‑office letter dated 27‑05‑2025, which invoked the order dated 22‑05‑2025 in WPMB No.281 of 2025 (Mahendra Singh & Another vs. Union of India & Others) that placed a hold on new stone‑crushing units until dedicated zones were identified.
  • Relevant Precedent: An order dated 30‑12‑2025 in the same PIL (WPMB No.281/2025) allowed a temporary mobile crushing plant for the Jamrani Dam Multipurpose Project, recognizing its captive‑use nature.
  • Petitioner’s Argument: The mobile crushing unit is temporary, for captive use only, and essential to meet contractual commitments.

Court Reasoning

  • The Court found merit in the petitioner’s submission, emphasizing the strategic importance of the NH‑109 project and the temporary, captive‑use nature of the crushing unit.
  • It concluded that the 22‑05‑2025 order should not impede the petitioner’s request.
  • The Uttarakhand Pollution Control Board’s counsel agreed that the application would be considered on its own merit.

Final Outcome

  • The writ petition is disposed.
  • Respondent No.2 (Uttarakhand Pollution Control Board) is directed to pass an appropriate order on the petitioner’s application for a captive mobile crushing plant at Village Jawari, Tehsil Rudraprayag, District Rudraprayag, within four weeks from the date of this order.
  • Learned counsel for Respondent No.2 shall communicate this order to Respondent No.2 for compliance.
  • Any pending applications, if any, are also disposed of.

Topics: Legal Order, Infrastructure Project, Environmental Clearance