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Complained against Afcons Infrastructure by Drashta foundation

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Special Team Report- 11 May 2025

Afcons Infrastructure company’s crusher plant is challenging the instructions of NGT, Drashta Foundation sent a report to the Nainital administration

Drashta Foundation has formed a 5-member Central Monitoring Committee and a 3-member local special team to do special study and monitoring of development works, art-culture and tourism in the villages. This team is studying the villages of Uttarakhand. In this context, a basic report is presented on the basis of the complaint of the local people of village Bhorsa.

Location- Village- Bhorsa, Post Office Amritpur, Tehsil-Haldwani, District-Nainital, Uttarakhand- 263126

Geographical Area- Bhorsa village is located around 29.22° North latitude and 79.52° East longitude, which is near Haldwani city. This village is located at an altitude of about 424 meters above sea level. It falls in the Bhabhar region, where mountain rivers go underground and reappear in the plains of the Ganges. It is the transition zone between the foothills of the Himalayas and the plains of the Ganges. Rivers like Gaula river flow through this area, which are geographically important.

Bhorsa village is called the gateway of Kumaon. This village is in the vicinity of Nainital road and Gaula river, which makes it an important link between the hilly areas and plains of Kumaon.

Distance from the city- Bhorsa gram sabha is 15 kms. north-east of the village on paved and unpaved road.

Population- There are 119 families in Bhorsa village whose population is around 700.

What is the problem?

Afcons Infrastructure Company has illegally set up a crusher plant near a populated area, flouting environmental laws. Jamrani Dam is being constructed 1.5 km away from the populated area. In the process of setting up the stone crusher unit in the Gaula river bed, Afcons Infrastructure Company has clearly violated statutory environmental norms.

Its operation will undoubtedly increase the already severe noise and air pollution levels, causing unbearable suffering to the villagers. We are currently facing significant difficulties, and the commencement of stone crusher activities will only increase this suffering manifold. We firmly believe that the location of a stone crusher so close to a residential area would be inherently harmful as it would generate inevitable air and noise pollution. Worryingly, the distance between residential houses and the offending stone crusher unit is just a few meters.

This illegal activity involves hundreds of heavy vehicles, including trucks, dumpers and small commercial vehicles, operating from 4:30 am to midnight. As a result, the 7 km long road connecting Bhorsa gaon to Bhimtal Road has turned into a dangerous state with several large potholes, making it nearly impossible for pedestrians and vehicles alike to pass through. The resulting noise pollution has made it virtually impossible to lead a peaceful life in the area, which is further aggravated by the dangerous levels of air pollution prevailing throughout the day and night.

Number and health condition of the elderly – Around 190 of them are senior citizens who are already suffering from various ailments including asthma.

Gram Sabha has not given the No Objection Certificate-

No objection from local families or landowners is necessary to set up a plant at a distance of 500 meters from the population, but Afcons Infrastructure Company has set up a crusher plant in violation of the rules and regulations of environmental protection. Therefore, the members of the Gram Sabha have not given the No Objection Certificate to Afcons Infrastructure Company.

Violation of Gram Sabha rights

The plant set up by Afcons Infrastructure Company without the No Objection Certificate of the Gram Sabha is illegal. And this is a violation of the rights given to the Gram Sabha in Panchayati Raj as per the 11th Schedule of the Constitution.

Rules for setting up a crusher plant in Uttarakhand-

-Minimum 500 meters from public religious places, schools, educational institutions, hospitals, nursing homes, and population.

-Forest area/sanctuary: More than 1 km.

-National/State Highway- 200-500 meters.

-Rivers/water bodies: 500 metres.

Uttarakhand-specific rules

Several legal rules and regulations apply to setting up and operating crusher plants under the guidelines of the Uttarakhand Pollution Control Board (UKPCB) and the National Green Tribunal (NGT). These guidelines apply under the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981, the Water (Prevention and Control of Pollution) Act, 1974 and other related laws. Also, NGT orders and State Pollution Control Board (SPCB) regulations govern their operations. These regulations are designed to ensure environmental protection, pollution control and sustainable development.

Himalayan ecology: Uttarakhand has additional restrictions on crusher plants due to the sensitivity of the Himalayan region. For example, no industrial activity can take place in the eco-sensitive zones in Nainital and other hilly areas.

Plastic Waste Management: The Uttarakhand High Court and UKPCB have imposed strict rules on the disposal of plastic waste, which also apply to crusher plants.

Organic State: Under the policy to make Uttarakhand an organic state, there is strictness on chemical pollution, which also affects crusher plants.

Penalties and Penalties

Non-compliance: Operating without CTE/CTO or environmental clearance can attract a penalty of up to Rs 10 crore and imprisonment of up to 3 years (under the Environment Protection Act, 1986).

Polluter Pays Principle: Compensation and penalty will have to be paid for environmental damage.

Plant Closure: Illegal or non-compliant crusher plants can be closed immediately on the orders of NGT and UKPCB.

Illegal mining and legal action-

-In 2020, the High Court also banned the issuance of new licenses for stone crushers not meeting the standards.

-Illegal mining or violation of rules can lead to heavy fines and plant seizure. For example, a fine of Rs 52 lakh was imposed on 4 stone crushers and 2 mining leases in Haldwani.

Conclusion-

The sites of the crusher plant set up by Afcons Infrastructure Company have been inspected. The special team has also done video photography of the surrounding areas. Talked to the villagers and also heard their complaints. The special team found that to set up the crusher plant, the company has flouted the guidelines of NGT and UKPCB by ignoring environmental protection.

Questions based on the report-

1- Has administrative permission been given to Afcons Infrastructure Company to set up a crusher plant in Bhorsa rural populated area? If given, then…

2- Has the administration followed the major legal rules and guidelines of (UKPCB) and National Green Tribunal (NGT) for the crusher plant in Uttarakhand?

3- Has the concerned departments of the administration checked the No Objection Certificate received from the Gram Sabha before giving license and permission to Afcons Infrastructure Company?

4- Which concerned departmental officers of the administration have inspected the crusher plant of Afcons Infrastructure Company located in Bhorsagaon and checked the mandatory rules for the license?

5- If the administration has not given permission to Afcons Infrastructure Company to set up a crusher plant in a populated area and river, will the administration take legal action against the company?

 

Bhorsa Gram Panchayat-Report with complaint
English Portal

Rights of Consumers: “Consumer Protection Act, 2019”

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Department of Consumer Affairs, Government of India, is continuously working for consumer protection and empowerment of consumers by enactment of progressive legislations. With a view to modernize the framework governing the consumer protection in the new era of globalization, technologies, e-commerce markets etc. Consumer Protection Act, 1986 was repealed and Consumer Protection Act, 2019 was enacted.

The Consumer Protection Act, 2019 provides for a three tier quasi-judicial machinery at District, State and Central levels commonly known as “Consumer Commissions” for protection of the rights of consumers and to provide simple and speedy redressal of consumer disputes including those related with unfair trade practices. The Consumer Commissions are empowered to give relief of a specific nature and award, wherever appropriate, compensation to consumers.

Further, in terms of Section 38 (7) of the Consumer Protection Act, 2019, every complaint shall be disposed of as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities.

To serve the interest of speedy justice to the end consumers, Consumer Protection Act, 2019 states that no adjournment shall ordinarily be granted by the consumer commissions unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Commission.

“Unfair trade practice” [Section 2(47) of the Consumer Protection Act, 2019] encompasses deceptive methods such as misrepresenting product standards, falsely advertising old goods as new, claiming unverified sponsorship or benefits, offering misleading warranties, misrepresenting prices, or disparaging competitors’ goods or services. These provisions ensure accountability, transparency and fairness, safeguarding consumer interests in a dynamic marketplace.

Section 2(28) of the Consumer Protection Act, 2019 defines “misleading advertisement” in relation to any product or service, as an advertisement, which— (i) falsely describes such product or service; or (ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or (iii) conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or (iv) deliberately conceals important information.

To safeguard consumers from unfair trade practices in e-commerce, the Department of Consumer Affairs has also notified the Consumer Protection (E-commerce) Rules, 2020 under the provisions of the Consumer Protection Act, 2019. These rules, inter-alia, outline the responsibilities of e-commerce entities and specify the liabilities of marketplace and inventory e-commerce entities, including provisions for customer grievance redressal.

Under the provisions of the Consumer Protection Act, 2019, the Central Consumer Protection Authority (CCPA), an executive agency, came into existence on 24.07.2020. It is designed to intervene, to prevent consumer detriment arising from unfair trade practices and to initiate class action(s), including the enforcement of recalls, refunds and return of products. Its core mandate is to prevent and regulate false or misleading advertisements which are prejudicial to the public interest.

The CCPA has issued 325 notices for violation of consumer rights, misleading advertisements and unfair trade practices etc. The CCPA has also imposed total penalties amounting to Rs. 1.19 cr.  so far.

The CCPA has notified the “Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022” on 9th June, 2022. These guidelines inter-alia provide for; (a) conditions for an advertisement to be non-misleading and valid; (b) certain stipulations in respect of bait advertisements and free claim advertisements; and, (c) duties of manufacturer, service provider, advertiser and advertising agency. These guidelines states that due diligence is required for endorsement of advertisements such that any endorsement in an advertisement must reflect the genuine, reasonably current opinion of the individual, group or organisation making such representation and must be based on adequate information about, or experience with, the identified goods, product or service and must not otherwise be deceptive.

Further to strengthen consumer protection, the CCPA enacted the “Guidelines for Prevention and Regulation of Greenwashing and Misleading Environmental Claims, 2024” (effective 15th October 2024), mandating transparency in environmental claims, and the “Guidelines for Prevention of Misleading Advertisements in the Coaching Sector, 2024” (effective 13th November 2024), addressing false claims, exaggerated success rates, and unfair practices in coaching institutes.

The CCPA issued the “Guidelines for Prevention and Regulation of Dark Patterns, 2023” on 30th November, 2023. These guidelines address and regulate 13 specific dark patterns identified in the e-commerce sector, aiming to prevent deceptive practices that mislead consumers.

Moreover, the Bureau of Indian Standards (BIS) introduced the framework on ‘Online Consumer Reviews — Principles and Requirements for their Collection, Moderation, and Publication’ on 23rd November 2022. This framework safeguards consumer interests by addressing fake and deceptive reviews in e-commerce. While the standards are voluntary, they apply to all online platforms that publish consumer reviews and are guided by principles such as integrity, accuracy, privacy, security, transparency, accessibility and responsiveness.

The Department of Consumer Affairs has been generating consumer awareness by undertaking country-wide multimedia awareness campaigns under the aegis of “Jago Grahak Jago” to reach out to every consumer across the country by utilizing traditional media like All India Radio, Doordarshan, fairs & festivals, etc. as well as social media. Through simple messages and jingles, consumers are made aware about the consumer rights, unfair trade practices, consumer issues and the mechanism to seek redressal. The Department has also been releasing grant-in-aid to States/UTs for generating consumer awareness at local level.

This information was given by the Union Minister of State for the Ministry of Consumer Affairs, Food and Public Distribution, Shri B.L. Verma in a written reply today in the Lok Sabha.

English Portal

Justice BR Gavai will be the 52nd CJI of the country, President Draupadi Murmu approved

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-Justice Gavai, who is currently serving as a judge of the Supreme Court, will assume his new role from May 14.

 New Delhi. Justice BR Gavai will become the 52nd Chief Justice of the country. President Draupadi Murmu has approved this. Bhushan Ramakrishna Gavai will take oath as the Chief Justice of India on May 14, 2025 and take office. Law and Justice Minister Arjun Ram Meghwal gave this information by posting on X.

President Draupadi Murmu has approved Justice BR Gavai as the 52nd Chief Justice of India. He will take office on May 14. Regarding this, Law and Justice Minister Arjun Ram Meghwal posted on the social media platform X and said that this appointment has been made under the powers vested by the Constitution of India. Justice Gavai will assume his new role from May 14, who is currently serving as a judge of the Supreme Court.

Current CJI Sanjiv Khanna will retire on May 13

 Current Chief Justice of the Supreme Court Sanjiv Khanna will retire on May 13. BR Gavai will hold the post of CJI for about 6 months, as he will retire in November 2025. Justice BR Gavai has been part of the 5-judge Constitution Bench, which upheld the decision to repeal the provisions of Article 370 giving special status to Jammu and Kashmir in December 2023.

 Introduction of Justice BR Gavai

 Justice BR Gavai was born on 24 November 1960 in Amravati, Maharashtra. He started practicing law in the Bombay High Court in the year 1987. He has worked with former Advocate General and High Court Judge Late Raja S. Bhonsale. He was appointed Assistant Government Advocate and Additional Government Prosecutor in the Nagpur Bench of the Bombay High Court in August 1992. In the year 2000, he became Government Advocate and Government Prosecutor.

 Justice Gavai has taken part in many important and landmark judgements during his tenure in the Supreme Court. Below are some of his major judgements:

 Validating Demonetisation (2016):

 Justice Gavai was part of the five-judge Constitution Bench in January 2023, which by a majority of 4:1, upheld the decision of the Central Government to demonetise Rs 500 and Rs 1000 notes. He said that the decision was taken after consultation between the Central Government and the Reserve Bank of India and it meets the ‘proportionality test’.

 Supporting the repeal of Article 370:

 In December 2023, Justice Gavai was part of the five-judge Constitution Bench, which unanimously upheld the decision of the Central Government to repeal the provisions of Article 370 giving special status to Jammu and Kashmir.

 Declaring Electoral Bond Scheme unconstitutional:

 Justice Gavai was part of the Constitution Bench that struck down the Electoral Bond Scheme for political funding. The judgment sparked significant debate over transparency in political funding.

 Ban on Bulldozing Action:

 In November 2024, a two-judge bench headed by Justice Gavai criticised the practice of bulldozing the properties of accused or convicts without due process of law. He termed it unconstitutional and said that it is mandatory to give notice and at least 15 days’ time before demolishing any property.

 Sub-classification and Creamy Layer in SC/ST Quota:

Justice Gavai supported the judgment allowing sub-classification for Scheduled Castes (SCs) and Scheduled Tribes (STs). He said that true equality requires the identification of ‘creamy layer’ in these communities. He compared it to the struggle for a seat in the general coach of a train.

 Stamp Act Judgement:

Justice Gavai was part of a seven-judge bench that unanimously ruled that agreements with unstamped or insufficient stamps are not admissible under the Stamp Act. If the stamp duty is not paid, the agreement will be deemed invalid.

 Environmental Protection:

Justice Gavai said in an environment-related case that “development is necessary, but the price of it cannot be the destruction of nature.” This judgment came when the government transferred forest land for industrial projects.

Hyderabad Forest Protection:

Justice Gavai took a tough stand in the case of destruction of 100 acres of forest in Kancha Gachibowli, Hyderabad, which promoted environmental protection. These judgments reflect Justice Gavai’s balanced and influential approach to constitutional, social, and environmental issues. His judgments have not only set legal precedents but also strengthened social justice and democratic values.