National Green Tribunal
Arti Sharma (Sarpanch) vs State Of Jammu & Kashmir on 23 November, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Hybrid Mode)
Original Application No. 137/2021
Arti Sharma (Sarpanch) Applicant
Versus
State of Jammu & Kashmir & Ors. Respondent(s)
Date of hearing: 23.11.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Prakash Pandey, Advocate
Respondent: Mr. Anuj Kumar Sharma, Advocate for CPCB
ORDER
1. Grievance in this application is against operation of stone crushers by M/s Diamond Stone Crusher, VPO Saranoo Tehsil, District Rajouri, J&K and M/s Shankar Stone Crusher, VPO Saranoo Tehsil, District Rajouri, J&K, in violation of environmental norms. Case of the applicant is that the said stone crushers are located close to residential area and Tawi River. Illegal borewells have been dug for extraction of ground water.
Requisite Environmental Clearance has not been taken. Illegal mining is also done on the bank of Tawi River, using heavy machinery. Air pollution is caused by using vehicles for transportation. This is resulting in lowering of the water level, water scarcity, decreasing agriculture productivity, loss of biodiversity, land degradation, soil erosion, unproductive waste lands, 1 noise pollution, dust pollution, water pollution, loss of habitat of flora and fauna. The stone crushers have not installed requisite pollution control equipments nor created requisite green belts nor adopted other safeguards.
The statutory authorities are neglecting their duties. Though the State PCB has issued guidelines for the safeguards to be employed by the stone crushers, the said guidelines are neither followed nor monitored.
2. Vide order dated 30.06.2021, the Tribunal constituted a joint Committee of CPCB, State PCB and District Magistrate, Rajouri to look into the above grievances and to ascertain the extent of non-compliances.
Further directions were issued to prevent damage to the environment and recover compensation for the past violations covering not only the cost of mined materials but also cost of restoration and value of ecological services forgone forever, with element of deterrence in terms of guidelines on the subject. An action taken report was directed to be filed.
3. Vide order dated 12.4.2022, the Tribunal considered the action taken report submitted by the joint Committee to the effect that there were violations and compensation was assessed and other steps taken.
However, the Tribunal found that the steps taken were inadequate and further remedial action was necessary which was directed to be verified by a joint Committee to be headed by Justice Janak Raj Kotwal, former Judge of J&K High Court alongwith CPCB, State PCB, nominee of Secretary Irrigation, J&K and District Magistrate, Rajouri. The relevant extracts from the said order are:
"xxx .....................................xxx........................................xxx
3. In pursuance of above, an action taken report has been filed on 09.11.2021 giving status of stone crushers in question. Several deficiencies in operation of the mines are mentioned. Relevant extracts from the report are reproduced below:-
"(A) Status of Stone Crusher M/s Diamond Stone Crusher:2
i) Legal position: M/s Diamond Stone Crusher has been granted Consent to Establish (Fresh) by JKPCB vide no.
828 of 2010 dated 11.10.2010 (Annexure-Al) and Consent to Operate (Fresh) vide no. 616 of 2011 dated 15.07.2011 (Annexure-A2) and valid Consent to Operate (Renewal) granted vide no. PCC/Digital/21062089647 of 2021 dated 28.06.2021 valid upto June 2022 (Annexure-A3). The stone crusher has also obtained NOC from Deputy Commissioner Rajouri dated 14-03- 2018 (Annexure-A4) and License from the Department of Geology and Mining dated 18-05-2018 (Annexure-A5), Registration with Industries Department vide dated 09- 09-2010 (Annexure-A6).
ii) Siting Criteria: J&K Pollution Control Board (now Committee) has notified siting criteria for stone crusher in the year 2004 (Annexure-A7). As per the inspection report, the unit meets the siting criteria as verified by PCB officials at the time of establishment of the unit in 2010. Copy of Inspection report (Sch-II) at the time of grant of Consent to Establish (Fresh) is enclosed as (Annexure- A8).
iii) Compliance Status: The stone crusher is engaged in the production of crushed stone aggregates & sand using water floating technology for separation of products and has provided the requisite Pollution Control Devices and Pollution Control Measures as stipulated in the Consent to Operate (Renewal) dated 28-062021.
The status of PCDs is as follows:
S.No. Pollution Control Devices Status
(PCDs)
1 Dust Containment cum Suppression Provided / installed.
system for the equipment.
2 Construction of wind breaking wall. Provided but
inadequate.
3 Construction of metalled roads within Semi-metalled /
the premises. provided.
4 Regular cleaning and wetting of the Unit not found
ground within the premises. operational, hence could
not be ascertained.
5 Growing of a green belt (Broad leave Provided but
trees in three rows) along the periphery. inadequate.
3
6 The suspended particulate matter Reported within
contribution value at a distance of 40 permissible limits as per
meters from a controlled isolated as SMR submitted by the
well as from a unit located in a cluster unit from MoEF
should be less than 600 mgs/NM3. The recognized Lab as per
measurements are to be J&K PCB norms.
conducted at least twice a month for all
the 12 months in a year.
7 All the dust emitting points like jaw / Enclosed/Covered
roller crushers, screeners /
classifiers shall be properly
enclosed / covered.
8 Conveyor belts shall be interlocked Found interlocked.
with the crushing operation.
9 The water spray system shall be Found interlocked but
interlocked with the crushing needs augmentation.
operation.
10 Annual health survey of the workers N.A.
permanently employed by the unit
holder shall be conducted.
11 Regular water spray shall be carried Unit not found in
out at all dust emitting points, operation, hence could
boundaries and on road. not be verified
(Photographs of PCDs
enclosed as Annexure-A9.
Further, in addition to above, the unit is using surface water as well as Ground water for its operation in washing purpose and discharging into the adjoining river (Manawar Tawi). Since, the unit was not found in operation, however, the committee observed that the discharge drain of the unit was found clogged with silt indicating inadequate treatment imparted on discharge. The unit holder has not produced the requisite permission to extract ground water using borewell.
iv) Status of Environment Clearance and Mining: As per EIA Notification 2006, Environment Clearance is not required for stone crushers. With respect to mining, it is noted that the said stone crusher had been obtaining raw material from a legal source upto year 2019 when ban was imposed by J&K PCB on mining activities from blocks without e-auction. Details of Royalty/Government Receipt (G.R) deposited with the department of Geology and Mining are enclosed as Annexure-A10. However, subsequent to the imposition of ban on mining by J&K PCB, the unit was found indulging in illegal mining by District Mineral Officer and accordingly a total penalty of Rs. 7,41,250/- was imposed on the unit which has been deposited by the unit (copy of DMO Rajouri's dated 05-11-21 is enclosed as Annexure- All and copy of the G.Rs are enclosed as Annexure-Al2.
(B) Status of Stone Crusher M/s Shanker Stone Crusher:
4v) Legal position: M/s Shankar Stone Crusher has been granted Consent to Establish (Fresh) by JKPCB vide no. 83 of 2009 dated 24.04.2009 (Annexure-B1) and Consent to Operate (Fresh) vide no. 731 of 2009 dated 14.12.2009 Annexure-B2) and valid Consent to Operate (Renewal) granted vide no.
PCC/Digital/21062004812 of 2021 dated 03.06.2021, valid upto May 2022 (Annexure-B3). The stone crusher has also obtained NOC from Deputy Commissioner Rajouri dated 27-02-2018 (Annexure-B4) and License from the Department of Geology and Mining dated 17-07- 2018 (Annexure-B5), Registration with Industries Department vide dated 24-04-2010 (Annexure-B6).
vi) Siting Criteria: J&K Pollution Control Board (now Committee) has notified siting criteria for stone crusher in the year 2004 (Annexure-B7). As per the inspection report, the unit meets the siting criteria as verified by PCB officials at the time of establishment of the unit in 2009. Copy of Inspection report (Schedule-II) at the time of grant of Consent to Establish (Fresh) is enclosed as (Annexure-B8).
vii) Compliance Status: The stone crusher is engaged in the production of crushed stone aggregates and sand using water floating technology for separation of products and has provided the requisite Pollution Control Devices and Pollution Control Measures as stipulated in the Consent to Operate (Renewal) order dated 03.06.2021. The status of PCDs is as follows:
S.No Pollution Control Devices (PCDs) Status
1. Dust Containment cum Suppression Provided / installed. system for the equipment.
2 Construction of wind breaking wall. Provided but inadequate.
3 Construction of metalled roads within the Semi-metalled /
premises. provided.
4 Regular cleaning and wetting of the Unit not found
ground within the premises. operational, hence could
not be ascertained.
5 Growing of a green belt (Broad leave trees Provided but inadequate. in three rows) along the periphery.
6 The suspended particulate matter Reported within contribution value at a distance of 40 permissible limits as per meters from a controlled isolated as well SMR submitted by the as from a unit located in a cluster should unit from MoEF be less than 600 mgs/NM3. The recognized Lab as per measurements are to be conducted at least J&K PCB norms. twice a month for all the 12 months in a 7 All the dust emitting points like jaw / roller Enclosed.
crushers, screeners/ classifiers shall be properly enclosed / covered.
8 Conveyor belts shall be interlocked with Found interlocked. the crushing operation.
59 The water spray system shall be Found interlocked but interlocked with the crushing operation. needs augmentation. 10 Annual health surveyof the workers permanently employed by the unit holder shall be conducted.
11 Regular water spray shall be carried out at Unit not found in all dust emitting points, boundaries and on operation, hence could road. not be verified (Photographs of PCDs enclosed as Annexure-
B9.
Further, in addition to above, the unit is using surface water as well as Ground water for its operation in washing purpose and discharging into the adjoining river (Manawar Tawi). Since, the unit was not found in operation, however, the committee observed that the discharge drain of the unit was found clogged with silt indicating inadequate treatment imparted on discharge.
viii) Status of Environment Clearance and Mining: As per EIA Notification 2006, Environment Clearance is not required for stone crushers w.r.t. mining, it is noted that the said stone crusher has been obtaining raw material from a legal source upto year 2019 when Ban was imposed by J&K PCB on mining activities from blocks without e-auction. Details of Royalty/Government Receipt deposited with the department of Geology and Mining are enclosed as Annexure-B10. However, subsequent to the imposition ban on mining by J&K PCB, the unit was found indulging in illegal mining by District Mineral Officer and accordingly a total penalty of Rs. 17,500/- was imposed on the unit which has been deposited by the unit (copy of DMO Rajouri's dated 05-11-21 is enclosed as Annexure-All and copy of the GRs are enclosed as Annexure-B11.) Action Taken:
1) For the illegal mining done by the unit, a penalty of Rs.
7,41,250/- has been imposed on M/s Diamond Stone Crusher and the same has been realized. Further, a penalty of Rs. 17,500/- has been imposed on M/s Shanker Stone Crusher and the same has been realized.
2) District Magistrate Rajouri has also imposed a fine of Rs.
7.00 Crores on M/s Diamond Stone Crusher for use of heavy machinery for mining purpose and lowering of water table (copy of the District Magistrate Rajouri's order dated 2108-2021 is enclosed as Annexure-Cl. However, the said order of District Magistrate Rajouri has been stayed by Hon'ble High Court of J&K vide order dated 02-09-2021 in WPC No. 1795/2021 (Annexure-C2).
Recommendations:
6In view of the deficiencies observed in the pollution control devices referred to in para-A (iii) and para-B (vii), the committee is of the opinion that more time is required to assess / estimate the environmental compensation on account of such deficiencies causing environmental pollution. As such, it is prayed that more time may please be granted for the same.
It is also pertinent to mention that the District Magistrate, Rajouri has filed an independent (separate) report vide his report dated 08-11-2021 (Copy enclosed as Annexure-C3)"
4. Report of the District Magistrate dated 08.11.2021 has also been separately filed which finds serious violations and recommends action. The observations and recommendations in the report are as follows:-
"I. The river is a source of water availability for many habitations from Rajouri to Nowshera. It caters to the irrigation Canals and recharge for the bore wells of Jal Shakti Department. The illegal and the unscientific mining has caused massive damage. It is found that in village Saranoo and adjoining areas the water diversion has taken place resulting into great damages to aquatic life and bank of river by way of erosion, earth cutting etc. II. The both crusher units have produced some receipts substantiating deposit of royalty to the department of geology and mining and authorized contractors but the damage found in the river is disproportionate and the damage of natural ecosystem noticed.
III. The crushing of stones undoubtedly creates Air and Noise Pollution as well. The equipments like dust containment cum suppression system, water sprinklers, settling tanks and some plantation exists in both the crushers units. Both are around 100 meters from state highway and roughly 4 km from Municipal limits of Rajouri.
IV. Besides serving a notice of 7 Crore by the District Magistrate, the Department of Geology and Mining has imposed the penalty of Rupees 5 Lac and 50 Thousand in July 2021. Rupees 88750 in June 2021 and 102500 in July 2021 on Diamond Stone Crusher and Rupees 17500 on Shanker Stone Crusher on June 2021.
Recommendations for preventive and remedial measures
1) The ecology of the river is apparently fragile and its needs preservation and protection by all means otherwise it may become extinct over a period of time
2) Only extraction of Minerals on scientific lines to be ensured by the Department of Geology and Mining from close the authorized/permissible blocks under supervision
3) Other crushers also existing on the river Manawar (Saktoi) bank are also required to be relocated to a new specifically carved out stone crushing zone away from the 7 river banks and habitations so as to ensure supply of construction materials.
4) The authorized blocks of mining need to be put under surveillance by the department of Geology and Mining by fixing CCTV Cameras to monitor and supervise the moments of vehicles/ trolleys in the mining blocks.
5) The concerned department of Pollution Control Board, Geology and Mining, Forests and Fisheries need to check all Mining Blocks frequently to ensure that the extraction is done on scientific lines only.
6) All vehicles entering the mining blocks to have GPS monitoring from the central office of District Mineral Officer at District Headquarter.
7) Technical assessment of the damages at the site as being contested by the units. Since the owner of Diamond Stone Crusher is contesting the penalty imposed on technical grounds, the same needs appraisal by technical experts to again reassess the same before a final call."
5. The applicant has filed objections to the report pointing out that the report is incomplete as it does not mention level of mining to feed the illegal stone crushers and extent of damage in the course of such illegal mining. The report also does not mention the extent of dust pollution and inadequacy of measures to mitigate the same. Though there is ban on mining, mining has been taking place for which adequate compensation has not been assessed. The objections are reproduced below:-
"
C) The report submitted to deputy Commissioner Rajouri by director geology and mining is contradictory and against the reality as the lift irrigation scheme located on the left bank of Noweshra Tawi (Manawar Tavi) has totally became defunct whereas the report of Director stated that there is no immediate effect of mining on lift irrigation station ( sub-head -07 page no 16 of report). Where as in the same report it is agreed upon that the irrigation canal on right bank of river got effected( sub-head -08 Page No -
16) it is impossible to understand that how right bank of river is effected and the left bank (on which lift irrigation station is located ) remained unaffected . It clearly indicate that the concern officials of geology and mining are in collusion with the mining Mafia.
D) The Director of geology and mining on one hand stated that the Dalhori Nallah is flowing above the water level of Dugwell but they have not stated the distance between the Dugwell and the site of illegal mining and also have not stated that the level of illegal mining site is below the level of Dugwell and is effecting the recharging of this Dugwell .Moreover they have tried to save the culprits by shifting the focus of illegal mining in manawar Tawi and high lighted the Dalohari Nallah which is mere a tributary manawar Tawi E) More over the report of Director geology and mining stated that fresh mining has been found in Noweshra Tawi 8 /Manawar Tawi at a distance of 400-500 mtrs away from Diamond Stone Crusher and 100-150 mtrs from lift irrigation scheme which is a crystal lie as the fresh as well as old remnants of mining were there within a radius of 20-50 mts from Diamond Stone crusher, Shankar Stone Crusher and Lift Irrigation scheme.
F) The factual and action taken report submitted by JKPCB is also contradictory to the ground reality. As per the status of pollution control devices in the report, the real position is hidden in the report. Some of lies in the report are as under:-
i. Dust containment cum suppression system is shown as installed but nothing is such system is functional.
ii. Permanent wind breaking wall is absent, only one side of the unit has been given a GI sheets structure.
iii. Green belt (Broad leave trees in three rows) along the periphery has been shown as provided inadequately but nothing of such green belt exist there except 4-6 small trees.
iv. All the dust emitting points have been shown in the report as covered but it is far from reality.
G) Moreover the CPCB and JKPCC in their report have stated that after the ban imposed on the mining activities in 2019 by JKPCB , the units were found indulged in illegal mining and penalty of RS 17,500 and Rs 7,41,250 was imposed but ironically this was done only after filing application by the applicant in NGT .it indicates that the concerned officials were in collusion with the mining Mafia and were in hibernation till the applicant approach before NGT and for two years they remained mute over the loss to environment ,ecology and state exchequer .The penalty of 17,500 or 7,41,250 is mere a cumin seed in camels mouth and this amount cannot compensate the loss of environment due to the negligence and greed of concern officials who kept their pockets warm with money from mining Mafia .The JKPCC in its recommendations in the report have requested to grant more time for assessing the environmental compensation ,their this request may not be considered as they just wasting the precious time of Hon'ble NGT H) District Magistrate has also served a notice to one of the Crushing unit to deposit the penalty of 7crore on account of losses made to environment ,ecology and river body and the recommendation of District Magistrate Rajouri may kindly be consider and all necessary steps need to be taken to preserve and protect the River body and environment .Permanent Ban may kindly be imposed on these crushers and further allocation of mining blocks need to be put on hold immediately .Whole of Manawaer Tawi and its tributaries from Rajouri town (down stream) upto Noweshera Bridge be declared as NO MINING ZONE 9 to save the fragile eco system , river body, environment and ecology ."
6. We have given due consideration to the matter.
7. It is clear from the reports that there have been serious violations in operation of stone crushers, supported by illegal mining to the detriment of environment. Steps so far taken to prevent illegal mining and further pollution are inadequate. So are the steps to make the violators accountable for past violations. Serious violations include diversion of flow of the river, lowering of water table, loss of irrigation/crops, damage to the water quality and even death of a person who drowned in the deep pit created by the stone crusher (as per allegation in the original application supported by a photograph).
8. In view of seriousness of the situation, we consider it appropriate to require further remedial action to be verified by a joint Committee to be headed by Justice Janak Raj Kotwal, former Judge of J&K High Court alongwith CPCB, State PCB, nominee of Secretary Irrigation, J&K and District Magistrate, Rajouri. State PCB will be nodal agency for compliance. The Committee may consider the reports already furnished and if found necessary, undertake visit to the site and interact with the stakeholders. Justice Kotwal may fix his own honorarium to be paid by the State PCB. The Registry may forward a copy of the entire record to Justice J.R. Kotwal to enable the entire matter to be looked into. The report may be filed within three months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The joint Committee may also give a copy of the report to the alleged violators, particularly the stone crushers in question for their response, if any, before the next date. Till stone crushers in question provide requisite pollution prevention and control systems, they may not be permitted to operate."
4. The PPs preferred Civil Appeal No. 4090 of 2022, M/s Diamond Stone Crushers & Anr. vs. Union Territory of Jammu and Kashmir & Ors. which was disposed of by the Hon'ble Supreme Court vide order dated 20.5.2022 as follows:
"1. The grievance of the appellants is that the impugned order of the National Green Tribunal1 dated 12 April 2022 issuing an ad interim direction that the stone crushers shall not be permitted to operate in the absence of requisite pollution prevention and control systems was passed without hearing the appellants.
2. The appellants would be at liberty to move the NGT for modification of the impugned order since no notice was issued before the impugned order was passed. We would expect the NGT to hear the appellants on the application 10 for modification of the interim order on such grounds as are permissible in law."
5. However, no application has been filed by the PPs in pursuance of liberty granted by the Hon'ble Supreme Court. None appears for the PPs to respond to the report. We have thus no option except to proceed ex parte against them.
6. Monitoring/Oversight Committee has filed its report dated 19.11.2022 with following observations:
"12. After threadbare discussion and deliberations in the matter this Joint Committee makes following observations:
a) Sufficient remedial action seems to have not been taken by any government agency on its part after the Hon'ble NGT Order dated 12.04.2022 inasmuch as the direction issued by the Hon'ble NGT that "till stone crushers in question provide requisite pollution prevention and control system, they may not be permitted to operate" has not been strictly implemented as the two members of this Joint Committee at the time of spot inspection on 11.09.2022 have noticed, on the basis of available stock position, that the units are operating regularly. However, the Regional Director, J&K PCC, Mr. Sat Paul (member of this Committee) informed that the Consent to Operate (CTO) of these units have not been renewed after they had expired in the month of May/June, 2022.
b) The CTO granted by the J&K SPCB (now J&K PCC) to each of the two units in question does not mention anything about the parameters applicable for discharge recycling and mode of discharge with regard to the washing effluent and the solid waste (silt).
c) The J&K SPCB (now J&K PCC) or the CPCB have not prescribed the standards for monitoring of washing effluent of the stone crushers, but Dr. Narender Sharma (member of the committee) pointed out that `where industry specific standards are not notified by CPCB in that case general standards notified by CPCB are applicable. General standards have been duly notified and are required to be fulfilled.'
d) The J&K SPCB (now J&K PCC) did not ensure the periodical measurement of Suspended Particulate Matter by the units 11 in question, which, in our opinion, is an important condition of the CTO related to environmental safety.
e) The environmental compensation (EC) earlier imposed on the units in question was not calculated in accordance with the mechanism/guidelines laid down by the CPCB, which have been accepted by the Hon'ble NGT.
f) The setting up of new stone crushers in the State of Jammu & Kashmir (now Union Territory) during the last over a decade had been and even now is prone to a fundamental drawback across the board, due to the failure on the part of the J&K SPCB (now J&K PCC) to prescribe fresh `Siting Criteria' even long after expiry of the five years' outer limit of the earlier `Siting Criteria' notified far back in the year 2004. The `Siting Criteria' deals with physical conditions to be fulfilled for selecting the site for installation of a stone crusher viz a viz the impact of its operation on the environment and ecology of the area, in particular residential houses and surface water bodies, which are the main source of irrigation and drinking water in this hilly and mountainous Union Territory.
M/s Diamond Stone Crusher:
g) The unit has provided dust containment-cum-suppression system for stone crushing equipments. The unit has also constructed wind breaking wall on open sides of the premises. A green belt comprising trees in three rows along the periphery has been provided, as per the conditions of the CTO. However, the trees are yet to fully develop. The dust emitting points viz. Jaw crushers and Screeners/Classifier were found enclosed, as per a condition of the CTO.
h) The approach roads to and in the premises are not metalled as per condition of the CTO.
i) The representative of the unit holder could not produce any record in regard to the measurement of Suspended Particulate Matter, which the operator of the unit is required to get periodically measured as per a condition of the CTO.
j) The unit has not provided settling tanks and water recycling system for treatment and recycling of washing effluent containing silt/fines and it is evident that the washing effluent is passed through open earthen channel leading to an earthen pit for settling of the silt. There is no arrangement made for collecting the overflow/treated washing effluent for recycling. The Unit is involved in unscientific disposal of solid waste (silt) into the nearby stream, which also serves as a source of drinking water.12
M/s Shanker Stone Crusher:
k) The unit has provided dust containment-cum-suppression system for stone crushing equipments. The unit has also constructed wind breaking wall on open sides of the premises, as per conditions of the CTO. The dust emitting points viz.' Jaw crushers and Screeners/Classifier were found enclosed, as per a condition of the CTO.
l) The green belt provided by the unit is inadequate and not as per condition prescribed in the CTO. The approach roads to and in the premises are not metalled, as per a condition of the CTO.
m) The representative of the unit holder could not produce any record in regard to the measurement of Suspended Particulate Matter, which the operator of the unit is required to get periodically measured as per a condition of the CTO.
n) The unit is involved in unscientific disposal of solid waste (silt) into the nearby stream as, even though the Unit has provided settling tank for treatment of washing effluent containing silt/fines, as there is no arrangement to scientifically collect/remove the settled silt/fine and recycling of treated washing effluent and therefore the system provided is inadequate.
13). It may be concluded that even though some remedial actions have been taken by the unit holders, the remedial actions taken so far, post the Hon'ble NGT orders are not adequate and much is desired to be done.
Recommendation i. Direction may be issued to the J&K PCC to notify the fresh `Siting Criteria' without any further delay and to revisit the conditions of the CTO, earlier issued/to be issued in future, to stone crushing units, in a manner that new and modern time challenges to environment protection and safety are sufficiently met with.
ii. Direction may be issued to the J&K PCC to ensure that all the conditions of the CTO granted to a stone crushing unit (Stone Crusher) and the `Siting Criteria' are strictly fulfilled at any given point of time and, in particular, to ensure the monitoring and fulfillment of the Ambient Air Quality and washing effluent of a stone crusher, as per the general standards laid down and notified by the CPCB/J&K PCC.
iii. As far as the two units in question are concerned, they may be permitted to operate, that is, their CTO may be renewed only after they fulfill all the conditions of the CTO granted to them to the satisfaction of the J&K PCC, to be personally certified by its Chairman.
13iv. The initial renewal of the CTO of the units in question may be for a period of one month only, which may be further extended only after the J&K PCC is satisfied that all the environment related measures taken/ equipments installed by the units operate satisfactorily, to be personally certified by its Chairman.
v. Stone crushing, on one hand, is an important industrial sector directly related with infrastructure development of a country as it provides important construction material for construction of roads, highways, buildings canals and what not. But at the same time mass stone crushing causes a serious challenge to environmental safety as it is huge source of emission of fugitive dust at all stages of its activities, like quarrying, transportation and crushing of the raw material and transportation of the crushed material. The fugitive dust, if not controlled and scientifically treated, causes the air pollution by increasing the suspended particulate matter in the air and water pollution by drainage of the silt into water bodies. Noise pollution associated with operation of the stone crushers is another factor. A concerted effort and endeavor is thus required by the unit operators as well as the law enforcing agencies so that all the environmental norms are fulfilled and environmental safety is upheld.
vi. To ensure environmental safety and purity in general and for parity and not to single out the two units in question, the J&K PCC may be directed to ensure at the time of renewal of the CTO of a Stone Crushing unit in the UT, that all the conditions of the CTO and the Siting Criteria have been strictly fulfilled and all the environment related measures taken/equipments installed by the unit operate satisfactorily.
vii. The environmental compensation earlier imposed on the units in questions may be reassessed in accordance with the mechanism/guidelines laid down by the CPCB, which have been accepted by the Hon'ble NGT."
7. The record of minutes of meeting dated 14.5.2022 shows that the PPs appeared before the Monitoring/Oversight Committee but they have chosen not to enter appearance before the Tribunal inspite of knowledge of the proceedings and liberty given by the Hon'ble Supreme Court.
8. We, thus, see no reason not to accept the report of the joint Committee to the extent of finding about violations and failure to take remedial action. The said report is accepted and directions issued to take remedial action in terms of recommendations of the Committee and PPs may be permitted to operate only after such compliance. However, on the 14 issue of compensation, we are unable to accept the view of the Committee that CPCB formula should be adopted as universal as it has approval of NGT. The said formula has been approved by NGT as an interim compensation which is only floor level formula subject to the judgments of the Hon'ble Supreme Court in MC Mehta v. Union of India, (1987)1 SCC 395, Sterlite Industries (India) Ltd. v. Union of India, (2013) 4 SCC 575 and Goel Ganga Developers India Pvt. Ltd. v UOI, (2018) 18 SCC 257 which require assessment of extent of damage to the environment, cost of restoration and deterrent element having regard to the financial capacity of the PP.
Further, as per judgements in Goa Foundation (2014) 6 SCC 590 and Common Cause (2017) 9 SCC 499, compensation for illegal mining is to be equal to value of mined material, apart from loss to the environment.
9. On relevant basis compensation has to be reassessed. Pending such re-assessment, interim compensation is to be assessed. Financial capacity of M/s Shankar Stone Crusher is reflected in the royalty amount which is Rs. 76 lakhs p.a. in the case. Value of mined material will run into more than 7 crore. With regard to M/s Diamond Stone Crusher, we find from the record that penalty/fine of Rs. 7 crore was assessed for illegal mining which was stayed in WP (C) No. 1795/2021, M/s. Diamond Stone Crusher Sarnoo, Rajouri vs. UT of J&K by the J&K High Court vide order dated 2.9.2021 on the ground that the PP was not heard. Thereafter, the matter was considered by the Hon'ble Supreme Court vide order dated 20.5.2022 and the PPs were permitted to appear before this Tribunal so that Tribunal could pass further order. In view of order of the Hon'ble Supreme Court, we have no option but to pass order on merits. As already noted, the PPs have themselves chosen not to appear. In these circumstances, we fix interim compensation in respect of both the PPs at Rs. 7 crore each.
Further, the State PCB and the District Magistrate may ascertain the 15 status of illegal extraction of groundwater, if any, and take remedial action.
It may also be verified whether silt is being deposited in the river by the action of the PPs. If the units are allowed to function, the siting criteria laid down by the CPCB/PCC may be strictly followed. The amount of compensation may be used for restoration of environment by preparing an action plan by CPCB, State PCB and District Magistrate within one month from today. The mining activities may be allowed to be resumed only after compliance.
The application is disposed of.
A copy of this order be forwarded to the Chief Secretary, J&K, CPCB, J&K PCC and District Magistrate, Rajouri by e-mail for compliance.
A copy of this order be also forwarded to Justice J.R. Kotwal, former Judge of J&K High Court by e-mail.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM November 23, 2022 Original Application No. 137/2021 DV 16