IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1480 of 2007 (M/S) M/s Pooja Stone Industry & another … Petitioners Versus State of Uttaranchal & others … Respondents Mr. M.C. Pandey, Advocate for the petitioners Mr. Vinay Upadhyaya, Standing Counsel for the State/respondent no.1 Mr. Atul Bansal, Advocate for respondent nos.2 to 8. Dated: July 13, 2011 Coram Hon’ble Barin Ghosh, C.J. Hon’ble Servesh Kumar Gupta, J. Barin Ghosh, C.J. (Oral) Perception of the petitioners that the Policy is contrary to the Mines and Minerals Act, is unjustified, inasmuch as, stone crushing activity has nothing to do with the extraction of minerals from t`he mines, dealt with by the Mines and Minerals Act. Learned counsel for the petitioners submitted that the direction in the Policy that there has to be a distance of 500 meters between the stone crushing unit and the habitation, river, forest, orchard, agricultural field etc., is unjust. We think that fixing of 500 meters distance is unjust, inasmuch as, in the normal course, wind will carry dust particles, a distance in excess of 500 meters. The dust not only converts arable agricultural land into desert, but also kills water body, affects orchard and interferes with otherwise ordinary living of human being and other living creatures, as they create deposit in lungs of living being. Therefore, we are not inclined to interfere with the decision to give at least 500 meters distance, as has been propounded in the Policy under challenge. We dismiss the writ petition. (Servesh Kumar Gupta, J.) (Barin Ghosh, C.J.) 13.07.2011 Rdang