National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Government Of ... on 9 July, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.03:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.115 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the News Item Published in
The Times of India, E-Paper dated 08.05.2021,
Under the Caption "Andhra Pradesh: 10 feared dead,
Several injured in blast at quarry in Kadapa".
...Applicant(s)
Versus
The Chief Secretary to Govt. of Andhra Pradesh,
Secretariat Guntur and Ors.
...Respondent(s)
Date of hearing: 09.07.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Ms. Madhuri Donti Reddy through Ms.
Monisha for R1 to R8 and R9
ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in The Times of India, E-paper dated 08.05.2021 under the caption "Andhra Pradesh: 10 feared dead, several injured in blast at quarry in Kadapa" and admitted the matter and also appointed a joint Committee to go into the question and submit a report and posted the case to today for appearance of parties and for filing the report.
2. When the matter came up for hearing today, Ms, Madhuri Donti Reddy through Ms. Monisha represented respondents 1 to 9.
Though, notice was served on the 10th respondent, there was no appearance for them.
3. The joint Committee has filed a detailed report signed by one of the member on 07.07.2021, e-filed on 09.07.2021 and received on the same date which reads as follows:
REPORT OF THE JOINT COMMITTEE COMPRISING IN THE MATTER OF O.A. 115 OF 2021 "TRIBUNAL ON ITS OWN MOTION SUO MOTU BASED ON THE NEWS ITEM PUBLISHED IN THE TIMES OF INDIA, E-PAPER DATED 08.05.2021, UNDER THE CAPTION "ANDHRA PRADESH: 10 FEARED DEAD, SEVERAL INJURED IN BLAST AT QUARRY IN KADAPA"SUBMITTED TO THE HON'BLE NATIONAL GREEN TRIBUNAL, SOUTH ZONE, CHENNAI, IN COMPLIANCE TOHON'BLE NGT ORDER DATED 21ST MAY, 2021 1.0 Preamble Hon‟ble NGT has registered the case Suo Motu on the basis of the newspaper report published in the Times of India, e-paper dated 08.05.2021 under the caption "Andhra Pradesh: 10 feared dead, several injured in blast at quarry in Kadapa". It is alleged in the newspaper report that the tragic incident occurred in a blast at quarry in Kadapa District of Andhra Pradesh on Saturday and at least 10 workers appear to be died and several others sustained injuries in the incident.
It is alleged in the newspaper report that the blasting was done in violation of the conditions imposed and quarrying was also being carried out in that area in unscientific manner and in excess of the permission granted by over exploiting the natural resources. The explosion happened while unloading large quantities of gelatine sticks from a vehicle in the factory area, which has resulted in thick smoke merging from that area near the Mamillapalli village. It is also alleged in the report that the quarrying owner was not having necessary permission or other authorisation for using such explosives as well. 2.0 Orders of the Hon'ble Tribunal dated 21.05.2021 The Hon‟ble National Green Tribunal, Southern Zone, Chennai, has passed an order dated 21.05.2021 to appoint a Joint Committee consisting of 1) Senior Officer from Andhra Pradesh State Environment Impact Assessment Authority,
2) A senior officer from the Integrated Regional Office, MoEF&CC, Chennai, 3) A Senior officer from Pollution Control Board as deputed by the Chairman, 4) the District Collector, Kadapa District and 5) the Assistant Director of Mines and Geology of the respective area where the incident occurred to inspect the area in question to submit a factual as well as action taken report, if there is any violation found.
In compliance to Hon‟ble NGT order, a Joint Committee comprising of following memberswas constituted:
S.No Name and Address E-Mail ID 1 Sri. C. Hari Kiran, [email protected] District Collector, YSR District 2 Dr. P.V. Chalapathi Rao [email protected] Member Secretary, SEIAA, APPCB, Vijayawada 3 Dr. Suresh Babu Pasupuleti [email protected] Scientist „C‟, [email protected]
MoEF&CC Integrated Regional office, Vijayawada 4 Sri. K. Javeed Basha [email protected] APPCB, Regional Office, Kadapa 5 Sri. D. Ravi Prasad [email protected] Asst. Director of Mines & Geology, Kadapa The SEIAA, Andhra Pradesh is the Nodal agency for coordination and providing necessarylogistic for this purpose.
Scope of Joint Committee:
The Joint Committee has been constituted with the mandate to visit and inspect the site withthe following scope vide order dated 25.05.2021:
a. Whether the persons who are doing the quarrying work are having all necessaryclearances, permissions and licenses as required, b. Whether any excess mining is done than the permission granted and the area permitted, c. Whether there are any violations committed by him in respect of any condition imposed in the clearances and permission granted, d. What is the nature of damage caused to the environment on account of over exploitation of natural resources committed by such persons e. Access the nature of damage and also the environmental compensation to be recovered from such persons including the compensation payable to the injured and the decease person on account of their over exploitation and violations committed, f. Whether apart from this quarry, is there any other quarry situated in that area and whether there was any violations committed by those quarry owners by over exploiting the natural resources than permitted, if so, what is the mechanism that is being adopted by the regulators to supervise these aspects. g. If there is any violation found by any other quarry in that district, then the Committee is also directed to submit a report regarding the same as well. 4.0 Site Visit by the Joint Committee:
The Joint Committee inspected the incident site on 29.06.2021. As per the preliminary discussions, a major explosion occurred in the Barytes quarry lease area situated at Sy. No. 1 & 133 of over an extent of 30.696 hectors of Mamillapalli (V), Kalasapadu ( M), YSR District at about 09:58hrs on 08.05.2021 while transacting explosives of likely Class 6 (Detonators) and Class 2(Gelatine sticks& Boosters) from an unauthorised vehicle (Motor Car) reported for the use of mining purpose. About 10(ten) persons died and NIL injured in the incident. An FIR No. 58/2021 was registered in the Kalasapadu PS u/s 304 (II) IPC, Section 3, 5 & 6 of Explosives Substance Act, 1908 and relevant investigation is in progress. The coordinates of the incident site is 15°06'22.2"N 78°58'05.4"E. Photographs of the mine lease and during site visit are as follows:
About the Mine Lease ● As per G.O.Ms.No.224 of Ind & Comm (M.III) Dept., AP dated 11.04.2001, the Government of Andhra Pradesh has granted a 30.696 ha of Barytes mine lease in favour of Smt. C. Kasturi Bai, w/o Sri. C. Ramachandrayya, Kadapa. (Annexure - I) ● The same was executed by the Asst. Director of Mines & Geology, Kadapa vide Proc.No.1527IM3/2001, Dt. 24.11.2001 for a period of 20 years w.e.f. 02.11.2001 to 01.11.2021. (Annexure - II) ● During the subsistence of the lease period, Smt. C. Kasturi Bai the original lease holder has executed General Power of Attorney (GPA) to Sri. ChilekampalliNageswar Reddy, S/o C. SeshaReddy a resident of Chenchaiahgaripalli (v), B.Mattam (M), YSR district to operate mine with effect from 01.01.2013 to 01.11.2021. (Annexure - III) ● As reported, the mine lease is a barren land and situated in the Sy. No. 1 & 133, Mamillapalli revenue village of Kalasapadu Mandal and located in Northern direction to the Mamillapalli village. The premises has Tirumala kondatippa on Eastern side, Kakarla beedutippa on Northern side, Paluguthokatippa on Western side and Telugu Ganga canal on Southern side.
● The lessee has obtained Approved Mining Plan from the Indian Bureau Mines (IBM) vide Lr.No. 659(426)BA/2001/NLR, dt. 14.03.2001 for a period from 2001-02 to 2005-06.
● The lessee has failed to submit subsequent Scheme of Mining (SOM) for two block periods from 2006-07 to 2010-11 and 2011-12 to 2015-16. ● The lessee has obtained Approved Mining Scheme from the Dy. Director of Mines and Geology, Kadapa vide Lr. No. 4312/MS/KDP/2017, dt. 21.07.2018 for proposal period from 2018-19 to 2020-21. (Annexure - IV) ● The lessee vide Proposal No. IA/AP/MIN/69892/2017, dt. 26.09.2017 has applied for Environmental Clearance (EC) from MoEF&CC New Delhi , after the six months window period (i.e. 14.03.2017 to 13.09.2017 ). But the Lessee has failed to obtain Environmental Clearance from the concerned authority till date. ● The Asst. Director of Mines & Geology, Kadapa has issued Notice No.3423/M1/2002, Dated.20.02.2019 to the lessee for not maintaining records at quarry site and not submitting quarterly returns and annual accounts which is breach under Rule 28 (3) of APMMC Rules, 1966 and not submitting EC, CFE & CFO.
● During the subsistence of the lease period from 02.11.2001 to 08.05.2021 (i.e., incident occurred date) the lessee has obtained dispatch permits for Barytes mineral duly paying advance Royalty / Seigniorage fee as required under rule 34 (1) of APMMC Rules, 1966 and M.C Rules 1960. The details are given below:
DISPATCH PARTICULARS FOR THE PERIOD FROM 02.11.2001 TO 30.03.2021 Quantity in MTs Royalty S.No Year White Buff Total Amount Barytes Barytes Quantity (Rs./-) 1 2001-02 0 0 0 0 2 2002-03 140 740 880 56100 3 2003-04 0 650 650 46750 4 2004-05 0 800 800 44000 5 2005-06 0 730 730 40550 6 2006-07 0 100 100 9500 7 2007-08 0 450 450 39800 8 2008-09 0 200 200 11000 9 2009-10 150 649 799 65365 10 2010-11 151 290 441 54118 11 2011-12 442 326 768 128325 12 2012-13 272 595 867 174143 13 2013-14 1133 3893 5026 1383520 14 2014-15 408 3349 3757 1078412 15 2015-16 204 1360 1564 581730 16 2016-17 0 4131 4131 1888920 17 2017-18 595 3570 4165 1309000 18 2018-19 272 1020 1292 615602 19 2019-20 1000 1450 2450 1014398 20 2020-21 0 0 0 0 TOTAL 4767 24303 29070 8541233 Reasons for incident:
● As per the observations made during site visit and information from the reports of different departments, the explosion occurred on 08.05.2021 at around 09:58 AM. The centre of blast is near to a Neem tree within 5-6 m distance towards north, situated in a semi flat place in the gorge terrain. ● The police reported that there are two craters of roughly 1- 1.5 feet depth and 2 feet diameter. From the centre/point of blast, within 20-30 m distance on southern side two sheet roofed sheds are there (may be for temporary dwelling sheds for mining laborers).
● One shed is having two rooms, facing towards east and another shed with single room/space facing towards northern direction. ● Within 40-50 m distance, Sri Tirumala Konda Swamy temple is existing.
● A mangled car with engine & chassis was lying at around 20 m distance from the spot on northern side. Body parts of a car were found scattered all around and a piece was found within 10 m from the spot.
● Signs of flesh pieces and blood stains were found scattered all around from the spot up to 100-150 m, more precisely towards South-West direction. On North East direction and South East direction the scattering is minimum. ● Huge Neem tree which is situated 5 meters distance from blasting spot towards south was totally broken branches with burnt leaves due to huge intensity of the blast & heat. Debris of car body is also found effected by high heat generated. ● Huge explosion with loud sound was heard and felt by the residents of the villages of Obulapuram, which is located at a distance about 8 to 10 km from the explosion spot.
● Explosives & Detonators were brought by the C. Nageswar Reddy, GPA holder in thedickey of the Etios Car bearing No.AP27BS-8863. ● The cause of the accident, as apprehended, was "pre-mature detonation of explosives", caused due to some sort of shock to the detonator(s) leads during mishandling of explosives & detonators while unloading from the dickey of the car in which 10 labourers including a supervisor and a car driver were reportedly killed.
● As reported, the probable cause of initiation of detonator can be attributed to any of the following:
1. The detonator(s) might have subjected to such a shock [like fall of heavy object on detonator(s)] that was sufficient to initiate/explode the detonators to which in turn made the explosive cartridges, being handled, to explode.
2. Strong impact, sufficient to cause initiation, created due to throwing of detonators on very rough and hard surface during unloading.
3. Use of contrabands like Beedi/Cigarette/match stick might have initiated the detonators to explode.
4. The energy generated due to the use of mobile phone in the vicinity of the detonators, being handled, might ignite the detonator(s).
5. The detonator leads (wires) might have come in contact with short-circuit electrical system of the car, causing premature.
6. The other causes for accidental detonation are being enquired.
● The Station House Officer, Kalasapadu P.S has filed a Criminal case against C. Nageswar Reddy, S/o Seshi Reddy D.No. 4/16.2, Chenchaiahgaripalli Village, B.Mattam Mandal, Y.S.R District, FIR No.58/2021, dated: 8.5.2021 under Section 304 (ii) IPC and Sec 3,5 and 6 of Explosive Substances Act. Subsequently, Raghunatha Reddy A-2, Y.S. Pratap Reddy A-4 were arrested and sent for judicia l custody. But, PonnathotaLakshminarayana Reddy A-3 was died in the incident and recorded as accused A-3 for involving in illegal procurement of explosives based on the complaint made by the Tahsildar, Kalasapadu. (The copy of FIR is herewith enclosed as Annexure - V). As per the FIR names of the deceased are;
1. Prasad, age 40 years, Gangayapalle Village, Kalasapadu Mandal,
2. Subbareddy, age 40 years, Gondipalli Village, now at Badvel town
3. Balagangulu, age 35 years, E. Kothapalle Village, Vemula Mandal
4. Venkataramana, age 25 years, E. Kothapalle Village, Vempalle Mandal
5. Venkatesu, age 25 years, Bakkannagaripalli Village, Vempalli Mandal
6. Eswaraiah, age 45 years, Bechaiahgaripalle Village, Vemula Mandal
7. Gangireddy, age 50 years, Rangoripalle Village, Vemula Mandal
8. Lakshmi Reddy, age 60 years, Kothapalle Village, Vemula Mandal
9. Abdul, age 30 years, Vemula Mandal, now at Badvel town, driver of the vehicle
10. Korivi Prasad (Driver of car), aged about 30 years, Porumamilla.
● The detailed enquiry into the accident is under progress. ● After the incident, the Government of Andhra Pradesh constituted an Enquiry Committee vide G.O. RT 69 dated 09.05.2021 and subsequent Proceedings No. C/76/M/2021 dated 10.05.2021 of the District Magistrate & Collector, YSR District to conduct enquiry/investigation into the incident, under the Chairmanship of the Joint Collector (RB & R), YSR District comprising of one member each from 1) Mines & Geology Dept., 2) Revenue Dept., 3) Police Dept., 4) Dept of Mines Safety 5) Explosive Dept. ● The detailed report of the above committee has submitted to Government of Andhra Pradesh for further action.
Observations of the Joint Committee Details about necessary clearances, permissions and licenses as required 7.1.aEnvironmental Clearance (EC) ● As per Environmental Impact Assessment (EIA) Notification, 1994 vide S.O. 60 (E) dated 27.01.1994, Schedule-I, Point. 20, "Mining projects (major minerals) with leases more than 5 hectares" requires prior EC from Ministry of Environment, Forest and Climate Change (MoEF&CC), GoI. ● As per Environmental Impact Assessment (EIA) Notification, 2006 vide S.O. 1533 (E) dated 14.09.2006, Schedule, Point no 1 (a) , " Mining projects with leases > 5 hectares" requires prior EC from Ministry of Environment, Forest and Climate Change (MoEF&CC), GoI.
● The Ministry of Mines, GoI vide Notification No. S.O. 423(E) dated 10.02.2015 declared Barytes mineral as minor mineral.
● As the said mine lease granted to the lessee in the year 2001 and the mine lease area is above 5 Ha, EC is required to the project as per EIA Notification, 1994 since its inception.
● The Ministry has issued a Notification No. S.O. 804 (E) dated 14thMarch, 2017 under the Environment (Protection) Act, 1986 to appraise and regularize the projects, already taken up or under implementation without having obtained prior environmental clearance in terms of the provisions of the EIA Notification, 2006 and are therefore identified in violation of the same. The said Notification had given a six months window period i.e. 14.03.2017 to 13.09.2017 for submission of such proposals.
● The lessee vide Proposal No. IA/AP/MIN/69892/2017, dt. 26.09.2017 has applied for Environmental Clearance (EC) from MoEF&CC New Delhi , after the six months window period (i.e. 14.03.2017 to 13.09.2017 ). ● Further, Hon'ble High Court of Madras vide order dated 14.03.2018 in the matter of W.M.P.Nos.3361 and 3362 of 2018 and W.M.P.No.3721 of 2018 in W.P.No.11189 of 2017, had provided one month additional window period i.e. 14.03.2018 to 13.04.2018 for submission of such proposals. ● Smt. C. Kasturi Bai filed an application through online to SEIAA,AP under violation (category-B) for consideration of TOR on 11.04.2018 (SIA/AP/MIN/24174/2018) in one month additional window period i.e. 14.03.2018 to 13.04 .2018 .
● The proponent was requested vide letter dated 03.08.2018 and through online also to submit an notarized affidavit / sworn in affidavit for further processing of project proposal for consideration of Environmental Clearance / Terms of Reference . The proponent has not submitted the notarized affidavit / sworn in affidavit to SEIAA,AP for further processing of application and failed to obtain Environmental Clearance from the SEIAA,A.P., till date. Consent for Establishment and Operation (CFE & CFO) ● The Barytes mine of Smt. C. Kasturi Bai, Sy. No. 1 & 133 of Mamillapalli (V), Kalasapadu (M), YSR District, was operating without obtaining CFE and CFO from Andhra Pradesh State Pollution Control Board (APPCB). ● The Regional Office, APPCB, Kadapa, requested the Department of Mines & Geology, Kadapa, vide Lr. dt. 10.05.2021, to furnish the details of the mine where the accident took place.
● A detailed report on the said Barytes mine of Smt. C. Kasturi Bai, Sy. No. 1 & 133 of Mamillapalli (V), Kalasapadu (M), YSR District, was submitted to the Zonal Office, APPCB, Kurnool vide dated 27.05.2021 to take action against the Barytes mine for operating the mine without EC, CFE, CFO. ● After the incident, the Zonal Office, APPCB, Kurnool, issued Closure Order vide dated 29.05.2021, to the Barytes Mine of Smt. C. Kasturi Bai, Sy. No. 1 & 133 of Mamillapalli (V), Kalasapadu (M), YSR District, for operating the mining unit without Environmental Clearance and Consents of the Board. (Annexure - VI) ● Further, the Zonal Office, APPCB, Kurnool, also requested the Asst. Director of Mines & Geology, Kadapa, Vide Lr. Dt. 29.05.2021, not to issue work permit to the Barytes Mine of Smt. C. Kasturi Bai. (Annexure - VII) License from Explosives Department ● It has been observed that the Lessee is using explosives and conducting blasting without permission obtained from competent authority as per Explosives Rules, 2008.
Approvals from Department of Mines & Geology ● Smt. C. Kasturi Bai has applied for grant of Mining Lease for Barytes over an extent of 79.97 acres in Sy. No. 1 & 133 of Mamillapalli Village, Kalasapadu Mandal, Y.S.R. District in the year 1995 before the Director of Mines and Geology, Hyderabad.
● The Director of Mines and Geology, Hyderabad vide Memo No. 26269/M2/95, dt. 16.09.1995 has forwarded the application to the Asst. Director of Mines and Geology, Kadapa and directed to submit proposal for grant of Mining Lease in favour of Smt. C. Kasturi Bai.
● The Tahsildar, Kalasapadu Mandal, YSR District vide L.Dis No. 173/2000, dt. 14.06.2000 has issued No objection certificate (NOC) duly recommending for grant ofMining Lease in favour of Smt. C. Kasturi Bai. ● The then Asst. Director of Mines and Geology, Kadapa vide Lr.No. 3399/M3/95, dt. 20.03.1997 submitted proposal to the Director of Mines and Geology, Hyderabad for grant of Mining Lease over an extent of 79.97 acres in 1 & 133 of Mamillapalli Village, Kalasapadu Mandal, Y.S.R. District. ● The Government vide G.O.Ms.No. 224 of Ind & Comm (M.II) Dept., Dt.11.04.2001 has granted a Mining Lease in favour of Smt. C.Kasturi Bai for Barytes over an extent of 30.696 Hectares (75.84 acres) in Sy.No.1 & 133 of Mamillapalli Village, Kalasapadu Mandal, Y.S.R District for a period of twenty years.
● The then Asst. Director of Mines and Geology, Kadapa has executed the Mining Lease vide Proc.No.1527/M3/2001, Dt.24.11.2001 for a period of 20 years w.e.f 02.11.2001 to 01.11.2021 and issued work order. ● The lessee has intimated the opening of Mine vide Notice in Form-C submitted on 29.08.2002 and commenced mining operations for Barytes on 01.02.2002. ● The Indian Bureau Mines (IBM) vide Lr.No. 659(426)BA/2001/NLR, dt. 14.03.2001 has approved the Mining Plan (it was approved before the grant of Mining Lease).
● The lessee has failed to submit subsequent Scheme of Mining (SOM) for two block periods from 2006-07 to 2010-11 and 2011-12 to 2015-16. ● The lessee has obtained Approved Mining Scheme from the Dy. Director of Mines and Geology, Kadapa vide Lr.No. 4312/MS/KDP/2017, dt. 21.07.2018 for proposal period from 2018-19 to 2020-21.
● The first work permit was issued on 31.08.2002 for 60 MTs of Buff Barytes vide Permit No. 410/PRT/2002-03, dt. 31.08.2002 by the then Asst. Director of Mines and Geology, Kadapa.
● The then Asst. Director of Mines and Geology‟s, Kadapa who were worked upto 14.06.2020 since 01.02.2002 have issued the following work permits for transportation of Barytes mineral to the lessee. PRODUCTION / DISPATCH PARTICULARS FOR THE PERIOD FROM 02.11.2001 TO 30.03.2021 Production / Dispatch in MTs Year wise proposed Quantity S.No Year White Buff Total as per Mining Barytes Barytes Quantity Plan/Scheme (in MTs) 1 2001-02 0 0 0 244 2 2002-03 140 740 880 245 3 2003-04 0 650 650 245 4 2004-05 0 800 800 245 5 2005-06 0 730 730 245 6 2006-07 0 100 100 7 2007-08 0 450 450 Scheme of Mining 8 2008-09 0 200 200 was not submitted 9 2009-10 150 649 799 by the lessee 10 2010-11 151 290 441 11 2011-12 442 326 768 12 2012-13 272 595 867 Scheme of Mining 13 2013-14 1133 3893 5026 was not submitted 14 2014-15 408 3349 3757 by the lessee 15 2015-16 204 1360 1564 16 2016-17 0 4131 4131 Scheme of Mining was not submitted 17 2017-18 595 3570 4165 by the lessee 18 2018-19 272 1020 1292 5177.2 19 2019-20 1000 1450 2450 5203 20 2020-21 0 0 0 5177.2 TOTAL 4767 24303 29070 15557.4 ● From the above table it is deduced that, the total production/dispatch of Barytes mineral made by the lessee upto date of blasting incident i.e., 08.05.2021 is 29070 MTs (4767 White Barytes + 24303 Buff Barytes) since inception of Mining operations.
● Action initiated by the Mines Department against the lessee on the breaches / lapses committed:
o The Asst. Director of Mines and Geology, Kadapa vide Lr. No. 3423/M1/2002, dt. 15.10.2020 has submitted proposals to the Dy. Director of mines & Geology to suspend the quarrying operations in the leased area of Smt. C. Kasturi Bai as the quarrying operations are not in accordance with approved mining scheme under Rule 7 (A) (VI) of Andhra Pradesh Minor Mineral Concessions Rules, 1966 o n turn the the Dy. Director of Mines and Geology, Kadapa has suspended the Quarry Lease operations in the lease area of Smt. C. Kasturi Bai vide Proceedings No. 1891/Q1/2020, dt. 18.05.2021.
o The Asst. Director of Mines and Geology, Kadapa vide Lr. No. 3423/M1/2002, dt. 28.05.2021 has submitted proposals to the Director of Mines & Geology, Ibrahimpatnam to cancel the quarry lease held by Smt C. Kasturi Bai for non - rectifying the breaches / violations/ lapses.
o In turn the Director of Mines and Geology, Ibrahimpatnam has cancelled the Quarry Lease held by Smt. C. Kasturi Bai vide Proceedings No. 3890189/D12-1/2020, dt. 02.06.2021.
Details with respect to excess mining ● During the subsistence of the lease period from 02.11.2001 to 08.05.2021 (i.e., incident occurred date) the lessee has obtained dispatch permits for Barytes mineral duly paying advance Royalty / Seigniorage fee as required under rule 34 (1) of APMMC Rules, 1966 and M.C Rules 1960. The details are given below:
PRODUCTION / DISPATCH PARTICULARS FOR THE PERIOD FROM 02.11.2001 TO 30.03.2021 Production / Dispatch in MTs Year wise proposed Quantity S.No Year White Buff Total as per Mining Barytes Barytes Quantity Plan/Scheme (in MTs) 1 2001-02 0 0 0 244 2 2002-03 140 740 880 245 3 2003-04 0 650 650 245 4 2004-05 0 800 800 245 5 2005-06 0 730 730 245 6 2006-07 0 100 100 Scheme of Mining was not submitted 8 2008-09 0 200 200 by the lessee 9 2009-10 150 649 799 10 2010-11 151 290 441 11 2011-12 442 326 768 Scheme of Mining was not submitted by the lessee 12 2012-13 272 595 867 [11] 13 2013-14 1133 3893 5026 14 2014-15 408 3349 3757 15 2015-16 204 1360 1564 16 2016-17 0 4131 4131 Scheme of Mining was not submitted by the lessee 17 2017-18 595 3570 4165 18 2018-19 272 1020 1292 5177.2 19 2019-20 1000 1450 2450 5203 20 2020-21 0 0 0 5177.2 TOTAL 4767 24303 29070 15557.4 ● In this connection, it is submitted that the Asst. Geologist of this office has inspected the Mining lease of Smt. C. Kasturi Bai on 16.10.2019 & 18.10.2019 and submitted his report on 21.03.2020 and reported that "the lessee excavated excess quantity of Barytes beyond the annual approved quantity in the mining plan from 2013 -14 onwards".
● However, as per the above table, the lessee excavated excess quantity of Barytes beyond the annual approved quantity in the mining plan from 2002 -03to 2017- 18".
● In this connection, it is pertinent to submit that the lessee has submitted Approved Mining Plan approved bythe Indian Bureau Mines (IBM) vide Lr.No. 659(426)BA/2001/NLR, dt. 14.03.2001 for a period from 2001-02 to 2005-06. But, lessee has failed to submit subsequent Scheme of Mining (SOM) for two block periods from 2006-07 to 2010-11 and 2011-12 to 2015-16. The year 2013-14 is comes under the Mining Scheme period of 2011-12 to 2015-16. But as per this office records, the lessee has not submitted the Scheme of Mining for that period of 2013-
14. Hence it is construed that due to oversight / typographically mistake, the Asst. Geologist of this office has reported that the lessee excavated excess quantity of Barytes beyond the annual approved quantity in the mining plan from 2013-14 onwards since there was no Scheme of Mining‟s for two block periods i.e., 2006-07 to 2010-11 and 2011-12 to 2015-16 and for 2016-17 & 2017-18 years also.
● The lessee has obtained Scheme of Mining only for the period from 2018- 19 to 2020-
21. Accordingly, the year wise proposed quantity as per Scheme of Mining and quantities produced by the lessee during 2018-19 to 2020-21 are show in the above table.
● Further, in his report it was reported that as per production / dispatch registers maintained by the lessee at quarry site there was stock of 734 MTs of White Barytes, 650 MTs of Buff Barytes totalling to 1384 MTs. But [12] 1953.250 MT of White Barytes and 364 MTs of Buff Barytes totalling to 2317.25 MTs was available physically on ground in the lease area. ● From the above, it is evident that the lessee has obtained work permits for 2450 upto 19.03.2020 during the financial year 2019-20 and there was stock of 2317.25 MTs was available in the Mining lease area. As such the total production in the year 2019- 20 was 2450 +2317.25 = 4767.25 MTs. Accordingly, the total production of Barytes mineral from 2001-02 to 2020-21 is 31387.25MTs .
● The first work permit was issued on 31.08.2002 for 60 MTs of Buff Barytes vide Permit No. 410/PRT/2002-03, dt. 31.08.2002 by the then Asst. Director of Mines and Geology, Kadapa.
● The last work permit was issued on 19.03.2020 by the then Asst. Director of Mines and Geology, Kadapa for 100 MTs of White Barytes vide Permit No. PR11120101640037, 19.03.2020 which was valid upto 28.03.2020. ● As per the records, the lessee excavated excess quantity of Barytes beyond the annual approved quantity in the Approved Mining Plan from 2002-03 to 2005-06. The detailsare shown below.
Production / Dispatch in MTs Year wise Excess
proposed Quantity produced
Year White Buff Total as per Mining Plan Quantity
Barytes Barytes Quantity (in MTs) (in MTs)
2001-02 0 0 0 244 -
2002-03 140 740 880 245 635
2003-04 0 650 650 245 405
2004-05 0 800 800 245 555
2005-06 0 730 730 245 485
Total 140 2920 3060 1224 2080
● Further it is submitted that it cannot be ascertained that whether the lessee has produced excess quantity of mineral than the Mining Plan/Scheme from 2013-14 as stated by the Asst. Geologist of this office vide his report dated 21.03.2020 in absence of Mining Scheme for the two block periods from 2006-07 to 2010-11 and 2011-12 to 2015-16 and subsequent years of 2016- 17 and 2017-18.
● As per the records, the lessee has not excavated excess quantity of Barytes beyond the annual approved quantity in the Approved Mining Scheme from 2018-19 to 2020-21. The details are shown below.
Production / Dispatch in MTs Year wise Excess
proposed produced
Quantity as Quantity
per (in MTs)
Year White Buff
Total Quantity Approved
Barytes Barytes Mining
Scheme
(in MTs)
2018-19 272 1020 1292 5177.2 (-) 3885.2
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2450 + (-) 435.75
2019-20 1000 1450 (2317.25 stock at 5203
Mine) =4767.25
2020-21 0 0 0 5177.2 -
Total 1272 2470 6059.25 15557.4 4320.95
● However, details/copies of approved Mining Schemesfor two block periods i.e., 2006- 07 to 2010-11 and 2011-12 to 2015-16 and subsequent years of 2016-17 & 2017-18 of the said mine are not available with Dept. of Mines and Geology as the lessee has not obtained the Approved Mining Scheme from the competent authority.
● The lessee has obtained Approved Mining Scheme with Mining Closure Plan from the Dy. Director of Mines and Geology, Kadapa vide Lr. No. 4312/MS/KDP/2017, dt. 21.07.2018 for proposal period from 2018-19 to 2020-21.
Since there is no EC, CFO and Approved Mining Schemes for two block periods i.e., 2006-07 to 2010-11 and 2011-12 to 2015-16 and subsequent years of 2016-17 & 2017-18 of the mine are available, it is not possible to quantify the actual excessproduction from the mines. Environmental Damage and Compensation ● The mine lease attracts the provisions of EIA Notification, 1994 and requires EC fromits inception.
● The mine was executed by the Asst. Director of Mines & Geology, Kadapa vide Proc.No.1527IM3/2001, Dt. 24.11.2001 for a period of 20 years w.e.f. 02.11.2001 to 01.11.2021.
● Barytes production was started from the year 2002-03 and till 2017 neither project proponent applied for EC from competent authority nor Dept. of Mines and Geology directed the process the same. Therefore, the mine is being operating and producing Barytes without prior EC from MoEF&CC and CFO from APPCB since 2001.
Environmental Damage Assessment ● The environmental compensation imposed for environmental damages essentially includes restoration/ rehabilitation expenses, fine/ penalty/ financial deterrent for the activities which caused the environmental damages and the expenses incurred for identifying the extent of environmental degradation.
● Environmental damages significantly vary in terms of the damage‟s space, scope, level and magnitude. Due to this , significant indexes or markers of environmental damage differ considerably and one of the initial steps of environmental damage assessment is to determine the unique indexes or markers which help assess the actual damage.
● Environmental Damage Assessment and compensation involves three modules. The first and foremost step is to assess the interim compensation for interim/ temporary restoration process. This is assessed by quantifying the interim damages with the help of equivalency analysis. ● In the present case (illegal mining), reserve equivalency method can be used where potential interim environmental damages can be assessed in each compartment of habitat like air, water, land, flora, fauna, etc. Potential damages calculated for each compartment sums up as the interim [14] compensation for immediate restoration measures. ● After this interim assessment, environmental restoration plan has to made by a detailed investigation and appropriate restoration measures has to be zeroed on by a panel of environmental experts.
● The actual cost of such a restoration plan/ project has to be imposed on the defaulter.
● The third component of the environmental damage is the actual cost of studies/ surveys/ investigations/ discussions/ monitoring/ reviews/ field visits/ laboratory assessments, etc. carried out by the regulatory authorities and expert team assigned with the implementation/ monitoring/ review of the restoration project.
● Therefore, Environmental damage essentially includes:
● Interim damage assessment and compensation for temporary restoration activities.
● Actual cost of long term restoration/ rehabilitation plan. ● Cost associated with all studies, investigations and reviews associated with damage assessment and restoration activities. Interim damage assessment ● The first step of damage assessment is to impose compensation on interim damages emerged in each compartment of the habitat/ ecosystems. This include the cost of resources, which has been impaired of its intended uses after the emergence of damage.
● Since, the matter in question is illegal mining, extraction of Barytes and dumping/ disposal of solid waste in mine lease area, potential damage assessment is limited to land only as there is no water usage in the mining operation.
● The environmental damages associated with flora, fauna and wild life are assumed to be negligible and thorough investigations are required to delineate any effects if exist.
Similarly, health effect of such illegal mining also requires a very detailed study and at present it is also assumed as minimal in this case due to low production quantities and low population densities. ● Therefore, interim damages to land is considered here and any other damages to other environmental components can be integrated with this methodology if required.
Land pollution/ destruction Formula used in calculating damage to be caused to the surrounding environment because of the pollution of the ground surface with solid wastes:
D(GS) = q x m x CF(SW) (1)
D(GS) Damage to be caused by land reserve destruction or land surface pollution
(Rs /year).
q Index of land reserve‟s relative value (0.3 for barren lands to 3.0 for land
falling under ecologically sensitive zones). m Weight/ quantity of solid waste released (Tons/ year) [15] any other activities) from 1 hectare of land (Rs.) any other activities) from 1 hectare of land (Rs.) any other activities) from 1 hectare of land (Rs.) CF(SW) Damage to be caused by 1.0 ton of solid waste (Rs.) The land reserve‟s relative value can be taken as 0.5 for barren lands, 1.0 for grass lands/ recreational plots, 1.5 for agricultural lands, 2.0 for plantations, 2.5 for forest lands and 3.0 for ecologically sensitive zones. The amount of unit damage to be caused to the surrounding environment in the result of releasing of 1.0 ton of solid waste into the environment can be expressed by the sum of the expenses on removal, detoxification, disposal charges, cost of land polluted, expenses on hygiene and environmental restoration measures. This amount has to be fixed by an expert panel after a detailed study, considering the site specific conditions. Land plot damage Formula used in calculating damages caused to the land that had been previously utilized for recreational/ agricultural/ or any other 'lost opportunities':
D(LP) = A (LT + G) (2) D(LP) Damage caused to the land that had been previously utilized for recreational/
agricultural/ or any other 'lost opportunities' (Rs /year).
A Area affected by direct impact (Hectare) LT Average tax on land paid to the Govt. per unit land (Rs./ Hectare) G Cost of the lost opportunities (to be gained from recreational/ agricultural/ or
any other activities) from 1 hectare of land (Rs.) ● To calculate the environmental compensation, the required inputs are not available at present with the Dept. of Mines and Geology, Govt. of Andhra Pradesh.
● As stated earlier, the lessee is operating mine since 2001 without EC and excavated excess quantity of Barytes beyond the annual approved quantity in the mining plan from 2013-14 onwards.However, details/copies of all approved mining plans and approved mine closure plans of the said mine are not available with Dept. of Mines and Geology from 2001 to 2018. The lessee has obtained Approved Mining Scheme from the Dy. Director of Mines and Geology, Kadapa vide Lr. No. 4312/MS/KDP/2017, dt. 21.07.2018 for proposal period from 2018-19 to 2020-21.
● Since there is no EC, CFO, and mining plans of the project are available, it is not possible to quantify the actual excess production from the mines.No information is available with respect to quantity of solid waste generated and stored/disposed from the mine.
● The Hon‟ble NGT is requested to provide time for collection of required information and also requested to appoint an expert team to quantify the above required parameters (Eq. 1 and 2) for calculation of environmental damage assessment.
[16]Compensation to injured and deceased ● The Government vide G.O.Rt. No. 69 Industries & Commerce (M.III) Department, Dt. 09.05.2021 has announced compensation of Rs. 10,00,000/- each to the next kinsof the deceased persons an immediate relief and the expenditure shall be incurred from the District Mineral Foundation Trust Fund (DMF) available in the District. Accordingly, the Collector & District Magistrate, Y.S.R. District has sanctioned an amount of Rs. 1,00,00,000/- (Rupees One Crore) @ Rs. 10,00,000/- each to the next kin & kith of deceased persons from the District Mineral Foundation Trust Fund (DMF), Y.S.R District and disbursed the same to the next kin & kith of deceased persons who died in the said incident.
● Further the Asst. Director of Mines and Geology, Kadapa vide Lr. No. 3423/M1/2002, Dt. 10.05.2021 has requested the Dy. Director of Mines and Geology, Kadapa to fix the compensation in consultation with labour department.
● In turn, the Dy. Director of Mines and Geology, Kadapa vide Lr. No. 967/Q/2021, dt. 13.05.2021 has addressed a letter to the Deputy Commissioner, Labour Department, Y.S.R District with request to inform the compensation payable by the lessee / GPA holder to the next kith & kin of each deceased persons as per rules in force so as to disburse the same to the next kins of deceased persons.
● In turn, the Deputy Commissioner, Labour Department, Y.S.R District has Show Cause Notice No. A/117/2021, dt. 19.05.2021 to Sri C. Nageswar Reddy GPA holder stating that "as per the Employees Compensation Act 1923, Sec10 B, the Employer has to furnish the information of the accident occurred in the premises within 48 hours to the authority. Whoever fails to send the statement under Sec. 10 A and 10 B is liable for penalty under Sec 18 A, compensation when due is not paid, the Commissioner may impose 50% of the amount as pe nalty and levy 12% inte rest. But,you have not furnished any information to this office in time. Hence, you are directed to explain why action should not be initiated against you".
Other violations if any ● The lessee is conducting underground mining operations without appointment of statutory employees which is a breach to section 17 of Mines Act, 1952 & Regulations No. 34 of Metalliferrous Mines Regulations 1961.The lessee excavated excess quantity of Barytes beyond the annual approved quantity in the mining plan from 2013-14 onwards.
● The lessee not provided separate inlet and outlet for entry and exit of workmen and the workmen are using crane buckets for enter and exit in the shafts which is highly dangerous condition. Ventilation system was not provided by the lessee as proposed in Approved Scheme of Mining which is violation to Rule(7)(A)(i) of APMMCR, 1966.
● The Dept. of Mines & Geology, Kadapa has inspected the leased area on 25.08.2020 and submitted their report. In the report, the teams of officia ls have reported that the lessee is conducting quarry operations & extracting [17] Barytes mineral without obtaining EC, CFE & CFO from competent authority and also quarry operations were not as per Approved Mining Scheme.
● Quarry operations are not in accordance with approved scheme of mining. The lessee not provided separate inlet and outlet for entry and exit of workmen and the workmen are using crane buckets for enter and exit in the shafts which is highly dangerous condition. Ventilation system was not provided by the lessee as proposed in Approved Scheme of Mining which is violation to Rule(7)(A)(i) of APMMCR, 1966.
● The scheme of mining was approved on 21.7.2018 by the DDM&G, Kadapa with a condition that the lessee should furnish the financial assurance of Rs. 16,99,560/. for mine closure as required under APMMC Rules, 1966 to the ADM&G, Kadapa. Subsequently, the Government of AP vide G.O.Ms No. 53 Industries & Commerce (Mines.II) Department, dt. 27-02-2019 issued Amendments Rule 7 of APMMC Rules, 1966 as per amended Rule 7(A), the lessee has to pay an amount of Rs. 3,10,000/- towards Mine Closure Plan. Accordingly, the Asst. Director of Mines and Geology, Kadapa vide Lr. No. 3423/M1/2002, dt. 09.06.2021 has requested the lessee to pay an amount of Rs. 3,10,000/-.
● The lessee is using explosives and conducting blasting without explosives permission obtained from the competent authority which is breach to Rule 107 of Explosives Rules, 2008.
● The lessee is utilizing tipper to transport Barytes from quarry to various destinations without obtaining permission from the competent authority which is breach to Regulation No.106 (2) (b) Metalliferrous Mines Regulations, 1961.
● The lessee is not maintaining correct and accurate production and dispatch register as there is huge variation in stock recorded in the register and physical stock available at the quarry which is breach to rule 12 (5)(h)(iii) of APMMC Rules 1966.
● The lessee is intentionally recorded the stock of white Barytes in lower side and buff Barytes in higher side than the actual stocks available at the quarry to transport the white Barytes in the guise of transportation of buff Barytes with payment of S.fee to buff Barytes which leads to loss of revenue to the government exchequer and it is violation of Rule 12 (5)(h)(iii) of APMMC Rules 1966.
Recommendations of the Joint Committee ● The mine lease granted to the lessee in the year 2001 and the mine lease area is above 5 Ha, EC is required to the project as per EIA Notification, 1994 since its inception.The mine was operating without obtaining CFE and CFO from Andhra Pradesh State Pollution Control Board (APPCB).It has been observed that the Lessee is using explosives and conducting blasting without permission obtained from competent authority as per Explosives Rules, 2008. The mining operations may be suspended till obtaining all the statuary clearances / permission from the competent authority.
[18]● The proponent was requested vide letter dated 03.08.2018 and through online also to submit an notarized affidavit / sworn in affidavit for further processing of project proposal for consideration of Environmental Clearance / Terms of Reference . The proponent has not submitted the notarized affidavit / sworn in affidavit to SEIAA,AP for further processing of application and failed to obtain Environmental Clearance from the SEIAA,A.P., till date.
● The lessee is operating mine since 2001 without EC and producing the Barytes Mineral. However, the details / copies of Approved Mining Scheme for two block periods i.e., 2006-07 to 2010-11 and 2011-12 to 2015-16 and subsequent years for 2016-17 & 2017-18 of the mine are not available with the Mines and Geology Department as the lessee has not obtained Approved Mining Scheme for the said period. The lessee has obtained Approved Mining Scheme with Mine Closure Plan from the Dy. Director of Mines and Geology, Kadapa vide Lr. No. 4312/MS/KDP/2017, dt. 21.07.2018 for proposal period from 2018-19 to 2020-21.
● Since there is no EC, CFO, and mining plans of the project are available, it is not possible to quantify the actual excess production from the mines. ● To calculate the environmental compensation, the required inputs are not available at present with the Dept. of Mines and Geology, Govt. of Andhra Pradesh. No information is available with respect to quantity of solid waste generated and stored/disposed from the mine. The Hon‟ble NGT may direct the Dept. of Mines and Geology, Andhra Pradesh to provide the required information for assessing the environmental compensation. ● The Hon'ble NGT is requested to provide time for collection of required information and also requested to appoint an expert team to quantify the above required parameters (eq. 1 & 2) for calculation of environmental damage assessment.
● The concerned line department may make regular inspection of all mines and quarries to verify safety measures taken up by the lease holder to avoid blasting due to unsafe and usage of explosives in mines/quarries, including prevention of illegal mining and transportation of minerals. ● To take up training for the mining and explosives handling personnel through a faculty empanelled with professionals from PESO, DGMS and Mining & Geology Dept. 9.0 Violations of other quarries in YSR District Since there are around 15 major mineral and around 115 minor mineral mines, the Hon'ble NGT requested to provide at least 30 days for compilation verification of all the document for finding the violations in any.
4. Pollution Control Board also filed a report stating that they have already issued closure order and further proceedings will be initiated after getting further details.
[19]5. Though, the Joint Committee has found large number of violations including operation of quarry without obtaining necessary permissions, consent to establish and operate and excess mining, violation of labour laws, explosive laws, illegal transportation of mined articles etc they have not assessed the damage caused to the environment as well as environment compensation apart from assessing the actual value of the mined articles as from the inception it was found to be illegal and unauthorised mining.
6. The Hon'ble Apex Court as well as National Green Tribunal has issued several guidelines as to how compensation has to be assessed in such cases. There is loss occurred to exchequer also by way of non-payment of royalty for the excess mined articles as well. But those things are not specifically mentioned and amount of compensation has not been quantified. As regards, the compensation to injured and deceased are concerned, it appears that Government has made some ex gratia payment and also directed the Assistant Director, Mines and Geology, Kadapa to fix the compensation in consultation with labour department.
Merely because Government had paid any ex gratia payment will not exonerate the liability of the employer to pay compensation to the kith and kin of deceased and also to the injured persons. The respective departments are directed to expedite that aspect.
[20]7. The Joint Committee as well as Pollution Control Board are directed to file further reports assessing the environmental damage caused, environment compensation including the value of the unauthorized mined articles and expenses required for restoration for the damage caused to the environment on account of any un-scientific excess mining done. If they want any expert to be included in the Committee for that purpose, they are at liberty to co-opt any expert and then assess the environment damage and compensation and submit a further report to this Tribunal on or before 25.08.2021 by e-filling in the form of searchable PDF/OCR supportable PDF and not in the form of image PDF along with necessary hardcopies to be produced as per Rules.
8. They are also directed to ascertain the details of all the identified mines mentioned in the report and also report as to whether any violations are committed by such mines and if there is any violation, what is the nature of violation in respect of those mines and action taken as well, while submitting the report to this Tribunal.
9. We feel one more opportunity can be given to the additional 10 th respondent to appear and submit their independent statement regarding the allegations made in the newspaper report. The Pollution Control Board is also directed to file an independent [21] report as to whether the quarry owners had provided necessary pollution control mechanism and whether any pollution was caused in that area on account of non-providing of pollution control mechanism and assess compensation for that purpose as well.
10. The Mining and Geology Department is also directed to file detailed report as to how that Department is allowing such illegal activities to perpetuate by merely receiving the royalty amount even though the mining operations are being carried out without complying with the environmental laws and that too without obtaining necessary permissions by the concerned quarry owners.
11. The Mining Department is also directed to ascertain as to whether all the mines situated within that area are strictly complying with the environmental laws by getting necessary clearance and permission under EIA Notification and the pollution laws. If not, what is the nature of action proposed by them in this regard.
12. The Registry is directed to communicate this order to the members of the Committee and also to official respondents including the Chief Secretary, Principal Secretary of Environment and Industries by e-mail immediately for their information and to enable them to comply with the directions.
[22]13. For consideration of further report, post on 25.08.2021.
...................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Dr. K. Satyagopal) O.A. No.115/2021(SZ) 9th July, 2021. (AM).
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