National Green Tribunal
News Item Published In The Indian ... vs State Of Haryana & Ors on 26 August, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item Nos. 01&02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 169/2020
(I.A. No. 114/2022)
Kuldeep Singh Applicant
Versus
State of Haryana & Ors. Respondent(s)
With
Original Application No. 01/2022
In re: News item published in The Indian Express Newspaper dated
02.01.2022 titled "Four killed in Haryana mine landslide"
Date of hearing: 26.08.2022
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: Dr. S.S. Hooda with Mr. Rahul Beraya, Advocate
Respondent(s): Mr. Anil Grover, Senior AAG with Mr. Rahul Khurana, Advocate for
HSPCB
Mr. Saurabh Balwani & Mr. Vikrant Pachnanda, Advocates for CPCB
Mr. Aseem Mehrotra, Advocate for Interveners
Mr. Pinaki Misra, Senior Advocate with Mr. Karanvir Singh Khehar and
Ms. Sunita Sharma, Advocates for M/s Govardhan Mines and Minerals
ORDER
The Issue - Remedial action against Illegal and unscientific mining and compliance of safety norms
1. This order will deal with above two matters involving remedial action against violation of environmental norms in the operation of 'Dadam' mine at Dadam Hills, Tosham, District Bhiwani.
12. In OA 169/2020 (the first matter), grievance is against illegal and unscientific mining in violation of EC conditions in and outside the forest area by M/s Govardhan Mines and Minerals and its predecessor. In OA No. 01/2022 (the second matter), proceedings were initiated suo motu in the light of media report of death of four persons in the mine landslide at Dadam mining site.
Procedural History Orders dated 20.8.2020 and 20.7.2021 in first matter and order dated 3.1.2022 in the second matter
3. Vide order dated 20.08.2020, the Tribunal sought a factual report in the first matter from the State PCB, Forest Department and the District Magistrate. Vide order dated 21.7.2021, considering the report dated 16.07.2021, the Tribunal issued notice to the PP and also sought a further report from reconstituted eight-Member Committee to be headed by Justice Pritam Pal*, former Judge of Punjab and Haryana High Court and comprising Ms. Urvashi Gulati,*1former Chief Secretary, Haryana, Regional Officer, MoEF&CC, Chandigarh, nominees of CPCB, Indian Institute of Soil and Water Conservation, Research Centre, Chandigarh, Haryana State PCB, SEIAA Haryana and District Magistrate, Bhiwani. It was further directed that the PP and the Chief Secretary, Haryana may give their response/ action taken report. Vide order dated 3.1.2022, the Tribunal constituted eight-member joint Committee comprising of nominees of MoEF&CC, CPCB, (Regional Office, Chandigarh), National Disaster Management Authority, GoI, Director General of Mines Safety, GoI, PCCF (HoFF), Haryana, SEIAA, Haryana, State PCB and District * They comprise pre existing Monitoring Committee for certain environmental issues in the State of Haryana 2 Magistrate, Bhiwani to ascertain factual position with regard to the incident, accountability for the same and steps to prevent such incidents in future.
Reports of the two Committees, response of the PP and the Chief Secretary Haryana
4. Accordingly, the two Committees have filed their respective reports.
In first matter, report is dated 25.03.2022. The PP has filed its response to the said report on 14.05.2022. Report of the second Committee is dated 01.04.2022 to which response of the PP is dated 19.7.2022. Chief Secretary, Haryana has filed his report dated 20.08.2022 which is common covering both the matters.
5. We have heard learned counsel for the parties and considered the matter in the light of the material on record, particularly the reports of the two Committees and response of the PP and the report of the Chief Secretary.
Questions for consideration
6. Questions for consideration are whether violations are established and what are the remedial actions called.
7. Before we deal with the said issues, we set out the reports and the stand of the PP and the State.
Report in first matter of the eight-Member Committee dated 25.03.2022
8. The Committee visited the site and held meeting with the concerned.
On consideration of available data, it concluded that the PP has undertaken illegal mining outside the mining area and beyond the mining 3 plan including in forest area and beyond the permissible depth. There are violations of EC conditions. Accountability for such violations was required to be fixed of PP as well as its predecessor for the respective period of illegal mining. Relevant extracts from the report are reproduced below:-
"5.0 Overall conclusions drawn by the Joint Committee In totality of the facts and circumstances as discussed in the preceedings paragraphs of the report and taking into consideration the entire material consisting of record/ documents/ information/ data of the departments concerned, the Joint Committee has come to the conclusions as under.
5.1 Illegal mining in forest area(non minable area) in 300 m' area in Dadam mines hills, village Dadam.
The perusal of the documents/information/data available with the Department of Forest and Department of Mines & Geology indicates that M/s Govardhan Mines and Minerals has done illegal mining in forest area (non-mineable area) in 300 m2 area between approach line (Pathways) AB and BC.
5.2 Illegal abstraction of groundwater in Dadam Mining area During field investigation by the Ground Water Cell done on 3.11.2020, it was concluded that water table data of selected wells available in surrounding alluvial formation is from 9.41 m to 18.52 m, whereas, the depth of mining pit is approximately 109 in as measured by the officials of Mining Department. This shows that presently, the surrounding water level is having no inter connectivity with mining pits, as the water table has not been encountered up to the depth of 109 m and the water accumulated in mining pit is seepage from the cracks and fissures of the quartzite rode of Aravali system.
Based on the above data/information, the Joint Committee concludes the Issue as under:
The water accumulated in mining pit having depth of 109 m is seepage from the cracks and fissures of the quartzite rock of Aravali system and no ground water abstraction in mining area has been made.
5.3 Unscientific mining in mining area by the project proponent Based on the latest report submitted by Deputy Director, Mines Safety, Ghaziabad submitted to Haryana State Pollution Control Board, Bhiwani vide letter no. DDMS/GR/2022/162 dated 2.3.2022, the violations of regulation were observed under the Mining Ad, 1952, which have been mentioned at pages 14.15 of the report.4
Based on the said violations, the Joint Committee concludes that M/s Govardhan Mines & Minerals is carrying out unscientific mining in Dadam mining area and mining is not done as per mining plan.
5.4 Illegal mining in forest area (non mineable area) in 0.8 hectare area in Dadam mining hills in village Dadam, Tehsil Tosham.
Based on the documents, as submitted by Dept. of Mines & Geology and Dept of Forest, the sub committee had come to conclusion that Illegal mining in an area of 0.8 hectares in Aravali plantation (Forest Area/ non minable area) has been done by M/s Govardhan Mines & Minerals as the said mining lease holder started mining operation in Dadam fining area on 25.2.2019 and mining in the forest area (non minable area) was observed by the Mining Dept during the visit of the Mining Inspector to the area on 10.9.2019.
But now, based on the satellite imageries and its analysis done by HARSAC Flisar, the Joint Committee concludes as under:
i. M/s Sunder Marketing Associates has done illegal mining in forest area (non-mineable area) in 1.241 hectares of area. ii. M/s Govardhan Mines & Minerals has done illegal mining in forest area (non-mineable area) in 0.097 hectares of area. iii. Illegal mining in an area of 0.195 hectares in forest area (non-
mineable area) has been done In the non lease period by unknown persons.
iv. As per satellite imagery report of HARSAC, illegal mining in forest area (non-mineable area) has been done in total area of 1.533 hectares instead of 0.8 hectares, as mentioned in the complaint.
5.5 Illegal mining in Dadam mining area done upto depth of 109 m As per the report of the Mining Department, mining upto depth of 300 ft was observed in mining area along boundary pillar no. 13 to 19 for which the department has issued show cause notice to M/s Govardhan Mines & Minerals vide no. 718 dated 5.82020.
Further, now based on the study conducted by HARSAC, Hisar, mining upto depth of 110 m with overburden and 93 in without overburden has been observed through SOI, DTM, 2017 and DGPS ( Nov, 2021 to Feb, 2022) surveyed points. It is mentioned here that the depth upto 93 m was observed during the period November, 2020 whereas, M/s Govardhan Mines & Minerals started mining in mining lease area on 25.2.2019.
The data mentioned in Table-2A (page 21 of the present report) indicate that the net mineable depth after removal of overburden of 17 m from average depth value has been mentioned as 80 m, whereas, the derived elevation data during year 2021.22 mentioning the net mineable depth after removal of overburden of 17 m has been mentioned as 93 m, whereas, as per the report submitted by Department of Mining, the depth of mining pit has been mentioned as 109 m. Therefore, it is concluded that illegal mining 5 has been done by the mining lease holder i.e. M/S Govardhan Mines & Minerals, which is 02 m (80 m - 78 m) as an average value and 15 m (93 m - 78 m) at one point.
It is further mentioned here that going beyond the permissible depth of 78 m even at one point, is unscientific and illegal mining, even if, the average depth of mining done is on the lower side. Further, as per EIA report submitted by M/s Govardhan Mines & Minerals, ultimate pit limit has been drawn up to 150 mRL and the maximum depth of the mining pit has been mentioned as 78 m.
The above facts indicate that mining excluding the overburden has been done by M/s Govardhan Mines & Minerals at an average depth of 80 m and depth of 93-m at one point against the permissible depth of 78 m. As such, the illegal mining even at single point upto depth of 93 m (without overburden) against the permissible depth of 78 m has been done by M/s Govardhan Mines & Minerals.
5.6 Abandoned/damaged Dadam distributary/ minor constructed in the Department of Irrigation.
Department of Irrigation and Water Resources (JUI) Water Supply Division, Shiwani vide its letter no. 163-164 dated 8.3.2022 has assessed the volume of the material extracted from the portion of the Dadam distributary, where mining has been done and the volume of the material extracted from the mining lease area, falling within Dadam distributary. It has been mentioned that the volume of material extracted from the portion of Dadam distributary was assessed as 5,45,109.65 m3 (14,44,540.57 MT) and the material extracted in the mining lease area, falling within the Dadam distributary, was assessed as 3,53,126.27 m3(9,18,128.30 MT). The Joint Committee has further studied the high resolution satellite imageries for Dadam Stone mine and analysis report submitted by HARSAC, Hisar vide letter no. HARSAC/44M/2022/171-174 dated 17.12022 and the satellite imageries study done for abandoned/damaged Dadam Distributary/ minor and indicate that in the year 2017, no mining was observed in Dadam Distributary but it seems to be converted into pathway within khasra no. 29//7/2, 29/14/2, 18/124/2, 181/17/1, 181/14/2, and 18//17/1 at RD 21700-22200-22400-22800. The total length of pathway was observed as 55m. The mining is visible on private land (Khasra No 29//4/1, 18/117/2, 18//24/2) and there is damage of Dadam distributary in 55 in length due to development of pathway as visible on 2017 satellite imageries.
The documents submitted by Department of Irrigation, Jui Water Services, Bhiwani indicate that the illegal mining from Dadam distributary at village Dadam was done and the volume of material was assessed as 545109.65 m3 and volume of material mined in khasra no. 132, falling in Dadam distributary, was assessed as 353216.27 m1, whereas, material extracted from mining (illegal mining) in Dadam distributary till 2017 mentioned by HARSAC, Hisar through satellite imageries was found as 558593 ft3 (15830 m3) 6 The matter was discussed in detail in the meeting of Joint Committee held on 19.3.2022 and it was observed that there is variation in the data as analyzed by HARSAC, Hisar through satellite imagery study and survey conducted by Department of Irrigation, JUI Water Services, Bhiwani as per the report submitted by said department vide letter no. 846-47 dated 19.2.2022 and no. 163-64 dated 8.3.2022. Therefore, Dr. Sultan Singh, Principal Scientist, HARSAC, Gurugram was requested to submit a note clarifying the variation in data measured through satellite imageries as compared to the data measured by Department of Irrigation, Jul Water Services, Bhiwani w.r.t Dadam Distributary on 21.3.2022.
Dr. Sultan Singh, Principal Scientist, HARSAC, Gurugram vide its mail dated 23.3.2022 has submitted the clarification w.r.t variation In the data mentioned by Department of Irrigation, Jui Water Services, Bhiwani and the satellite imagery study report submitted y HARSAC, Hisar and has submitted as under:
i) It is absented that GPS point of RD-20500 is falling above the RD-21150, that seems irrelevant, but the fact is that the RD-
20500 should fall below the RD21500. Similar shift pattern is visible in all the GPS points received from the irrigation department.
ii) Its seems that the survey done by the irrigation department is in private ownership or in Khasra no. 132 because the ownership of some khasra number (i.e., 18//14/1, 17/2, 24/1; 291/4/1, 18/3, 23/1; 361/2/1) that are falling under Dadam Distributory as per the RoR Jamabandi and Sajra) is under private ownership which is marked as distributary/minor (Figure 23).
iii) The alignment created from the GPS points of RDs received from the Department of Irrigation, is shifted as compared to the alignment of Dadam Distributory Khasra RD of the RoR (Figure
23).
iv) This shows that the survey done was not as per the Record of Revenue (RoR) which is the only authentic source of land record deeply scrutinised by the Halka Patwari/ Kanungo.
v) The Estimates of volume excavated from the vicinity of distributary represents the year 2017 and the surface area of Khasra no. 29/4/2 estimated represented the year 2020 which is not comparable.
Thus, it is concluded that the survey done by the Department of Irrigation is not as per the RoR which is the only authenticated source of land record and thus, major error is there in the evaluation done by irrigation department. The outputs of the analysis done by the irrigation department is not applicable as these are not on the actual geo-location as per the RoR. Most of the excavation in the form of overburden extraction and pathway creation is visible on satellite images over the part of the private land.
7Therefore, the Joint Committee has considered the satellite imagery study for Dadam distributary done by HARSAC, Hisar and concludes the issue as under:
In the year, 2017, no mining was observed in the distributary but it was converted into pathway and there was a damage of 55 m length along the Dadam Distributary due to development of path as visible on 2017 image and it has also been mentioned that 558593.91 ft3 (15830 m3) overburden is extracted from the distributary.
5.7 Procurement of groundwater from private agency by M/s Govardhan Mines and Minerals for suppression of dust and plantation of trees in Dadam stone mining area.
Mining Officer, Department of Mines and Geology, Bhiwani vide his office letter No. BWN/DADAM/248 dated 4.3.2022 has submitted the details of each of the truck tankers and tractor tankers with registration number for the vehicle deployed by each agency (M/s pal & Pal group, Shri Rajesh s/o Shri Tara Chand and Shri Rajat Sharma) and the agreement made by these agencies with mining lease holder.
It was pointed out that since the private agencies, who are supplying water to M/s Govardhan Mines & Minerals for suppression of dust and plantation from the tube well outside mining area, as such, these private agencies are required to obtain NOC from CGWA. The Joint Committee concludes that the officer of Groundwater Cell, Bhiwani may look into the issue of NOC to be sought by the concerned agency in the matter at his own level.
5.8 Implementation of mining closure plan by the predecessor of the project proponent i.e. M/s Sunder Marketing Associates.
The record submitted by Department of Mines & Geology, Bhiwani indicate that the Hon'ble Supreme Court of India in order dated 11.8.2017 in special leave to appeal (C) no. 19166 of 2017 has directed M/s Sunder Marketing Associates for implementation of Mine closure plan on or before 30.11.2017. A meeting to review the action taken for compliance of order dated 11.8.2017 of the Hon'ble Supreme Court of India in special leave to appeal no. 19166 of 2017 was held by the Chief Secretary, Haryana with the officers of the various departments of State of Haryana on 1.12.2017, wherein, it was pointed out that as per the decision taken in the earlier meeting, the advice of the Advocate general Haryana was obtained on 17.10.2017. On the basis of the same, initially it was decided to file an IA and bring the factual position to the notice of the Hon'ble Apex Court. However, due to fresh court matter relating to compensation to the private land owner, the matter is under consideration of the Hon'ble High Court and related facts have been placed before the Hon'ble High Court in MP no. 26094 of 2017 and action as per order in this writ will be taken.
8In view of the above, the Joint Committee concludes that the Department of Mines & Geology may finalize the issue in light of the directions of the Hon'ble Supreme Court of India in order dated 11.8.2017, order dated 18.1.2022 of Hon'ble National Green Tribunal in OA no. 169 of 2020 in the matter of Kuldeep Singh Vs State of Haryana & Ors and pending fresh court matter in CWP no. 26094 of 2017 before the Hon'ble Punjab & Haryana High Court relating to compensation to private land owners.
5.9 Closing of deep mining pit as per order dated 5.8.2020 of Department of Mines and Geology.
Director General, Department of Mines & Geology, Haryana vide letter no. DMG/HY/Comp/Rakesh Dalal/Dadam/2073 dated 22.3.2022 has submitted the action taken by the department of Mining on the reply of show cause notice submitted by M/s Govardhan Mines & Minerals letter dated 16.11.2020, wherein, it has been mentioned as under:
An inspection team of the department on 12.2.2020 has observed that the depth of old pit in the southern side of lease area was about 109 m and in the bottom, no working was found/noticed. The said part/side was not having any bench formation. The team noted that the said part of the lease area/pit was being used for transportation of mineral using existing road network of this pit.
i. Team found partial benches in operation lease hold area of Dadam mine, depth of other pit no, 8, 11, and 12 on northern western side of lease area was found to be 30 m from surface level. ii. The team noted that as per the mining plan, plantation was not found satisfactory and survival rate was reported to be very low. iii. The team found boundary pillar as per the lease map but suggested the same to be surveyed to dx boundary pillars using total survey station.
iv. A show cause notice dated 26.6.2020 was issued to them directing them to explain their position on above.
v. AME, Bhiwani having noted that between pillar no, 13 to 19 of the lease holder area, where the depth was already about 300 feet directed them to stop any further mining In apprehension that water table may be touched and also to fence the area. He also informed that there were benched in the past but the same were demolished vide letter dated 5.8.2020 directing to stop mining operation.
vi. M/s Govardhan Mines & Minerals in response to said notice dated 26.6.2020 vide their letter dated 16.11.2020 stated that the pit whose depth Is stated to be 109 m, they are using the existing roads for transportation of minerals excavated from the mines. As per the lease holder, the position of said pit was same as was allotted to them in auction and at the time of inspection held in February, 2020, there operation were only 01 year old. With regard to partial benches on the other side, it was claimed that in mining operation, the formation and breaking of benches is regular process and the same is being ensured as per the regulating 9 authority Director General, Mines Safety, Govt. of India for scientific mining and safety. Even about plantation they claimed that within 01 year they planted more than 10000 trees in the leased area as well as on the land purchased by the firm and a special team of workers have been deployed exclusively to look after the trees planted and they continuous planting the trees as per condition of Environmental Clearance.
In view of the above, it has been clarified that the issues raised under notice dated 26.6.2020 issued by department based on the inspection dated 12.2.2020 and letter dated 5.8.2020 of the then AME, Bhiwani and further report dated 3.11.2020 came under legal scrutiny of the Hon'ble National Green Tribunal In OA no. 132 of 2020. The lionible National Green Tribunal has disposed off OA no. 132 of 2020 vide order dated 2.6.2021.
It has been concluded by Department of Mines & Geology, Bhiwani that the issues raised in the show cause notice dated 26.6.2020 issued by the department and letter dated 5.8.2020 of the mining officer, %%van' were/are under examination so no further action could be taken as the matter could not have been concluded. In view of the above, the Joint Committee concludes that the Department of Mines & Geology may finalize the action taken on the show cause notice issued to M/s Govardhan Mines & Minerals vide letter no. 718 dated 5.8.2020 and closing of deep mining pit.
5.10 Steps taken by M/s Govardhan Mines and Minerals to control dust generated during drilling and other mining operations.
The Environmental Engineer, Haryana State Pollution Control Board, Regional Office, Bhiwani vide his office letter no. HSPCB/BHI/2022/2364 dated 23.2.2022 has reported that M/s Govardhan Mines and Minerals, Bhiwani has installed the dust suppression sources through HEMM and other equipments I.e. better drilling process at the time of drilling, 03 nos. foggers to control harmful fumes and dust, deployed the water tankers sprinklers on the haul roads to control dust due to dumpers activity and planted trees at the lease boundary for control of dust suppression.
In view of the above, the Joint Committee has observed that M/s Govardhan Mines & Minerals has taken steps to suppress dust emission, generated during drilling and other mining operations and Haryana State Pollution Control Board, Regional Office, Bhiwani may continue to inspect the Dadam mining area on quarterly basis to ensure that proper and effective steps are taken to suppress the dust generated during mining operation and other activities in the mining."
109. The report annexes analysis of satellite data provided by HARSAC, Hisar vide letter dated 17.03.2022 which has following table:
Sr. Name of the Image Cumulative Area Increase Area % Total% No. Agency/organization Date Area Area in Area Area in increase increased in ha m2 in ha m2 in in mining mining area area 1 M/s Sunder Marketing 16th 0.18 1797.95 0.18 1797.95 11.74 93.66 Associate 17.06.2015 May to 30.11.2017 2016 24th 1.241 12409.26 1.061 10611.3 80.95 Nov 2017 16th 1.313 13129.62 0.072 720.36 85.65 Feb.2018
8th Feb 1.436 14357.40 0.123 1227.78 93.67 2019 2 M/s Govardhan 16th 1533 15329.8 0.097 972.438 100 6.33 "
Mines& Mineral, Feb 4 Hisar 25.2.2019 to 2020
date
Report dated 01.04.2022 in second matter by joint Committee
10. The second report is to the effect that there were violations of safety norms in the course of mining which resulted in the accident in question causing death of four persons and damage to the environment.
Compensation stood paid to the heirs of the deceased but accountability was required to be fixed for illegal mining in violation of norms equal to the value of the mined material and for damage to environment in the light of cost of restoration. Extracts from the said report are as follows:-
"
i. Extent of Violations and Extent of Damage to the Environment and to the Human Lives:
Committee has observed the following violations w.r.t environmental clearance & mining plan during the visit of accidental site and other mining pits of the M/s Goverdhan Mines & Mineral.
a. Unscientific mining: No benches and proper slopes have been observed at the accidental area as well as other active pits. b. No safety zone inside the leased mining boundary has been observed during the visit.
c. Green belt of 7.5 m width along the lease boundary within the lease area has been mined by the PP.11
d. Precautionary measures and safety norms for natural dip and fractured rocks are not followed by PP.
With reference to the above observations, the committee sought the detailed reports from Divisional Forest officer (DFO), Bhiwani, Mining officer (MO), Bhiwani, Director General of Mine Safety (DGMS), Ghaziabad, National Disaster Management Authority (NDMA), New Delhi and Regional Officer. HSPCB, Bhiwani.
The DFO, DGMS and National Disaster Management Authority (NDMA) vide letters dated 25.02.2022, 02.03.2022 & 07.03.2022 submitted their reports which are enclosed as Annexur-2, Annexure-3 and Annexure-4.
1.1 The salient features of the report of DFO, Bhiwani:
i. .... "The land slide is not due to blasting, prima-facie it seems a natural accident. There is no violation in forest area" ii. ...."As far as forest area is concerned, pillar no. 31 has fallen from the edge/boundary of mining lease area and Aravali plantation area".
iii. ..."There is no empirical formula to ascertain environmental damage due to non-creation of the green belt, hence, this office cannot provide any data in this regard."
iv. ..."No illegal mining has been done at the site of accident in the forest land"
v. ...'A very small portion of Aravali plantation area bearing pillar no. 31 has fallen in form of rock boulders of approximately (28mx12mx8m) 2688-cum as given in accident plan map submitted by the PP to the committee on 04.02.2022.
1.2 The salient features of the report of DGMS Ghaziabad:
i. ..."The sides of open-cast working were not kept adequately benched, sloped and secured so as to prevent danger from fall of sides. Only single bench of height about 30-40m was formed on the Eastern & Western Side of Pit no. 37 & 38."
ii. ..."The height and width of the benches were not found as per the guidelines"
1.3 The Violation recorded by Regional Officer, HSPCB, Bhiwani:
i. Unit has not approved the mines safety plan before the start of mining (EC conditions No.-06).
ii. Unit has not submitted the comprehensive study of slope stabilization of mine benches (EC conditions No.-29). iii. Unit has not maintained the benches of proper height & width i.e. 10-meter height and 10-meter width in mining pit Nos. 18, 22, 23, 25, 27, 31, 37, 38 as per approved mining plan.
iv. The slope of 70° degree not found maintained mining pit no. 18, 22, 23, 25, 27, 31, 37, 38.
v. Unit has not maintained the 33% green area out of total lease area of total 48.87 hectare in the lease area.
vi. Plantation is not carried out in the statutory barrier of 7.5 meter width within the lease area as per approved mining plan but unit 12 has provided the green belt only in patches outside the lease area in private land.
2. Extent of Compensation Paid and Payable:
The committee has considered the following compensation paid by the PP:
i. Compensations for deceased and injured persons:
PP has submitted the details of compensations paid to deceased persons as well as to the injured persons. (Annexure-5). The payment of the compensation has been confirmed by the Deputy Commissioner, Bhiwani vide letter No. 2400 dated 09.03.2022. (Annexure-6) ii. Compensation due to illegal mining:
The Department of Mines & Geology, Bhiwani has informed vide letter no. BWN/DADAM/319 dated 17.3.2022 to the Joint committee constituted by Hon'ble NGT in the matter of OA No. 169/2020 titled as "Kuldeep Singh Vs State of Haryana & Ors." that the survey of Dadam mining area was conducted to measure 7.5 m barrier along the mining lease boundary line of Dadam stone mine, the details of the broken/encroachment area in 7.5m barrier has been mentioned as per Table-1 given below:
Table-1: Survey of Dadam mining area to measure plantation made or illegal mining done in 7.5m barrier along the periphery of mining area to be left as per mining plan.
Sr. Location between Total area Broken/encroac Balance Plantation Tentative
No. boundary of 7.5m hment area are left done quantity of
barrier between between between mineral
pillars (BP-
area pillars in 7.5 pillars (in
BP) pillars extracted
m barrier hect.)
between 7.5 m in
pillars (in hect.) barrier (in 7.5 m
(in hect.) hect.) barrier
I BPI to BP2 0.28 0.10 0.18 area (in
26,250
2 BP2 to BP15 1.17 - 1.17 1.17 --
3 BP15 to BP17 0.13 0.03 0.10 - 3750
4 BP17 to BPI9 0.14 - 0.14 - -
5 BP19 to BP20 0.07 0.024 0.05 - 2400
6 BP20 to BP28 0.61 - 0.61 0.61 -
7
BP28 to BP29 0.17 0.024 0.14 - 6000
8 BP29 to BP30 0.11 - 0.11 - -
9 BP30 to BP31 0.15 0.02 0.13 - 2730
10 BP31 to BP32 0.15 0.01 0.14 - 2100
11 BP32 to BP 1 0.08 0.06 0.02 - 6000
12 A-B 0.21 0.03 0.18 - 3125
13 B-C 0.09 0.02 0.07 - 3937
14 C-1 0.55 0.05 0.50 7875
13
Total 3.91 0.37 3.54 1.78 64,167
The data mentioned in the above Table-1 given above, indicate that total area of 7.5 m barrier to be maintained along the mining lease boundary is 3.91 hectares, out of which encroachment area (illegal mining area) in 7.5 m barrier is 0.37 hectares and the quantity of illegal mined material in 7.5 m barrier area has been assessed as 64,167 M.T. Plantation has been done in 1.78 hectares of area (plantation done between pillars 2 to 15 and 20 to 28) against the total plantation to be done in 7.5 m barrier in an area of 3.91 hectares.
iii. Compensation due to environmental damage:
a. The cost of damage due to falling of 2688-cum rock from the Aravali plantation area :- HSIIDC has submitted the valuation of 2688 Meter Cube Stone works Rs. 21,16,024/- ( 2688 x 2.63 x 299.32) on the request of Forest Department. b. Damage if any caused to Aravali plantation due to non-creation of green belt as mandated under mining plan :- This committee has not received any information on cost of damage of Aravali Plantation from the concerned department. However, as referred above "that total area of 7.5 m barrier to be maintained along the mining lease boundary is 3.91 hectares, out of which encroachment area (illegal mining area) in 7.5 m barrier is 0.37 hectares and the quantity of illegal mined material in 7.5 m barrier area has been assessed as 64,167 M.T. Plantation has been done in 1.78 hectares of area (plantation done between pillars 2 to 15 and 20 to 28) against the total plantation to be done in 7.5 m barrier in an area of 3.91 hectares."
3. Safety Precautions Taken & Required to be Taken:
Steps to prevent recurrence of such happenings in future by the PP and the statutory regulators. After going through the reports of DFO, DGMS and NDMA, following precautions required to be followed at mining site.
1. The sides of the open-cast mining should be adequately benched, sloped or secured so as to prevent the danger from the fall of sides.
Height of bench in hard and compact ground should not exceed 6 m and sides of the benches should be sloped at angle of not more than 60 degrees from the horizontal. Width of benches should not be less than the height.
2. No loose stone or debris should be allowed to remain within a distance of three metres from the edge or side of the excavation.
3. Undercutting of face or side should not be allowed.
4. Formation of benches and sloping of sides in mine should be done from top downwards only.
5. Persons should not be engaged at the quarry floor or at the bottom of the high walls, or on ledges made in the high walls.
14All approaches to the bottom of high sides should be kept securely and effectively fenced to prevent any inadvertent entry of persons.
6. Safety Management Plan/Risk Assessment should be prepared to identify the potential hazards in the mine. Based on the Risk Assessment, mitigation measures should be evaluated.
7. Scientific Study to design. control and monitoring of pits by scientific agency of the repute should be carried out for scientific and safe mining.
8. This 10-ha lease area must be excluded from total mining lease area. The PP has also voluntarily expressed his willingness to surrender this area to avoid recurrence of the accidents.
9. Briefing of Workers / labours with do's and don'ts by the manager/foremen/supervisors every day before initiation of routine work at mining site.
10. Basic Personal Protective Equipment's (PIT) such as helmet, gloves, shoe/boots, mask respirator protection, reflective clothing jacket, safety glasses etc. must be issued to the Workers and labours by the owners.
11. The concerned District Disaster Management Authorities (DDMAs) having mining sites in their respective territory / jurisdiction may include the same in Disaster Management Plans of particular District and State [i.e.. District Disaster Management Plan (DUMP) / State Disaster Management Plan (SLAW)]. The Disaster Management Plans may also include the preparedness, response, relief, mitigation measures in view of mining safety.
12. The accident site plan of pit no. 37 & 38 of Dadam stone mine.
M/s Govardhan Mines & Minerals is enclosed as Annexure- 7.
4. Conclusion:
I. Overall project proponent has not followed scientific mining, not maintained safety zone and green belt of 7.5 meter of width alongwith the lease boundary within the lease area and also not followed precautionary measures & safety norms. II. Committee has observed that the compensation which was required to be paid to deceased injured person has been appropriately paid by the project proponent. III. Committee has also observed that encroached area (Illegally mined area) in 7.5 meter harrier is 0.37 Hectare and quantity of illegally material in this area assessed as 64.167 MT. The cost of the estimated illegally mine material could he assessed by concerned department. The cost of the falling of 2688 Cubic meter rock has been estimated as Rs. 21,16.024/- ( Twenty one lacs sixteen thousands twenty four only) IV. Project proponent has carried out plantation in 1.78 Hectare area against the total planation to be done in 7.5 Meter harrier in area of 3.91 Hectare.15
V. Safety precautions need to he followed as suggested in this report.
5. Recommendations:
Since the Aravali plantation is eco sensitive barrier and considered to be vital for the region and the cost of the damage that would have caused due to illegally mining of the barrier between the plantation and mining area has not been assessed. It is therefore, recommended that state government i. may get the damage cost estimated through the concerned department/ agencies and same should be recovered from the project proponent.
ii. State Government may also get assessed the cost of restoration of the damage caused to the Aravali plantation and may recover cost from project proponent as per rules.
iii. State Government may recover cost of the illegally mined material (Stone) from the project proponent as per the prevailing rules.
iv. As observed that project proponent has grossly violated the approved mining plan and the conditions of EC and CTE/CTO. Therefore, a sum of Rs 7.5 Crores (25% of the net profit as mentioned in the balance sheet provided by the PP vide letter dated 28.02.2022) may be levied and this found to be appropriate against the total revenue of Rs 314.0 Crores of gross revenue.
v. The pits 37 & 38 fall under accidental area and may be prohibited for further mining activity.
vi. Further, the precautionary measures required to be taken and as suggested in the report may be adhered to by the PP and shall be regularly monitored by the District Level Task Force (DLSTF).
vii. The mining pits which are recommended to be prohibited, needs to be fenced and rehabilitated with proper closure plan to prevent the further occurrence of such incidents in future and compliance of the same need to be ensured by mining department."
Objections of the PP
11. The PP has filed its response to both the reports. Response of the PP is that there is no illegal or unscientific mining. Due permission of the Forest Department has been received on 25.10.2019 considering that approach road in the forest was necessary for entry into the mining area.
Bench height was justified. Illegal mining beyond the mining area was done before start of mining operation by the PP. The satellite imagery 16 relied upon is not accurate. The PP has also denied violation of depth limit relying on survey report of a private party. Precise response to the two reports is set out below:
Response to first report 5.1 Illegal mining in forest area (non minable area) in 300 m2 area in Dadam mines hills, village Dadam.
In 2007-2008 the said area was part of lease area and mining done in this part is done by previous lease holder. On 23.12.2019 a FIR 587 regarding illegal mining is lodged in forest area and case has been filed against third party by Forest department. There is no irregularity pending against M/s Govardhan Mines and Minerals. The matter is subjudice and pending in Tosham court. As mentioned in Final report PP has accepted their fault but actually we have not accepted our fault instead submitted our defence in consolidated reply submission to NOT which is reproduced as under:-
M/s Govardhan Mines & Minerals have received permission of diversion of 0.504 hectares of forest land vide proposal FP/GR/Approach/39072/2019 received on 25-10- 2019. MOEF sought clarification on approach road & shape of approved Road, as the road was non-linear. Copy of said letter of MOEF& CC objection is enclosed (as Annexure No:-1). Reply to this query was filed by us through explanation dated 18/7/2019. Copy of same enclosed (as Annexure No:-2). Vide this it was explained in para 1..." the approach road is for entry into mining area. The road is non-liner due to the fact that lease area is also irregular and there are ups and downs in the area required. The land is not plane land. So kindly treat the proposal as Linear. Approval for the same has been received dated 25.09.2019 (copy of Approval enclosed as Annexure:-3) The road was to be used for transportation of material through trucks from mining lease area. Till date the road has not been constructed and thus not used for transportation. To make the route feasible for smooth transportation of material it was necessary to level the given area by cutting and filling. By keeping this fact in mind & to bring approved route/road on ground, we started this work during day time following said map (showing coordinates) of entire approved route provided by forest department. This could be only done during day time as there were pits existing on the side of the route/road prior to 25/02/2019. As the approved route was uneven (as clarified by our reply dated 18.07.2019 given in response of objection raised by forest department.) levelling of route was required with the help of Machines and wherever required cutting and filling to maintain the width of órn following the alignment of given coordinates but as coordinates were not provided in close proximity delineating the exact range(from left to right) and width between B& C pillars they unknowingly deviated a little bit from the alignment by the workers being not technically aware.
A day later to the start of construction of approved route unknown persons were caught with machines & trucks at night time intending illegal mining as reported in FIR. Since that time to till date M/S Goverdhan Mines & Minerals stopped the construction of route as the area was disputed due to FIR.
Further we hereby clarify that FIR regarding illegal mining has been filled against the person caught on spot not against M/s Goverdhan Mines & Minerals.(Evidenced in Copy Final Report in FIR 587 is enclosed herewith as Annexure No:-4) or any other associated with M/s Goverdhan Mines & Minerals.
In continuation to our reply we are also enclosing herewith a copy of Order with CIS No. CRM/08/2019 (Enclosed as Annexure No:-5) in FIR No 587 dated 23-12-2019. In the said order there is report dated 3/01/2020 of Local Commissioner appointed by Hon'ble Court. In said report of local commissioner (Enclosed as Annexure No:-6) it has been mentioned that there was no stones in dumpers/truck seized by the police. The trucks were released by the Honourable court on the above order. In the area in which the proposed route was allotted was earlier mined by previous leaseholders during 2008-09 who were doing mining work in that period. Further presence of drill hole apart from approved rout i.e between AB& BC are concerned with 17 previous lease holders.(Vedio & photographic record is enclosed herewith as Annexure No:- 7) clarifying the said 300sqm area Mining was done by previous lease holder not by M/s Goverdhan Mines & Minerals.) No illegal Mining has been done by M/s Goverdhan Mines in Forest Area.
We have not committed any fault as we were only trying to level our approved pathway and above all the case has been filed against third party not against M/s Goverdhan Mines and Minerals. The said case is pending in court thus considering the legal status of the matter we request you to leave the decision on Hon'ble Court. So that fair & unbiased decision shall be made. 5.2 Illegal abstraction of groundwater in Dadam Mining area Based on the data/information, the Joint Committee concludes the issue as under:
The water accumulated in mining pit having depth of 109 in is seepage from the cracks and fissures of the quartzite rock of Aravali system and no ground water abstraction in mining area has been made. Refer Submission of Assistant Geologist, Ground Water Cell Point no. 2.2.3 of Page no 5 of Final report dated 25.03.2022. Page Enclosed as Annexure:-8 Also refer the Survey & investigation report of CGWB, Chandigarh dated 5.02.21 already submitted to NGT. Enclosed as Annexure:-9 5.3 Unscientific mining in mining area by the project proponent We hereby convey you that we have already submitted all relevant documents to joint Committee reproduced as under:-
The Director General of Mines safety, Ghaziabad conducted inspection of Dadam Mines on 28-12-2020 (Enclosed as Annexure No:-1O). This inspection was conducted on the letter of Mining Officer Bhiwani in which he raised issue of Unscientific mining by leaseholder. The Report of the DGMS covers all the aspects in this matter. While doing mining we take care of formation of benches (Photograph of benches enclosed herewith as Annexure No:-11) Further additional document sought in meeting dated 4.09.2021 at Haryana Pollution control board, Panchkula regarding the Justification of bench height in reply we submitted the circular 71/1973 of DGMS Enclosed here as Annexure-12 wherein it is mentioned at 2(a) "The height of the benches in overburden ore body or other rock formation shall not be more than the digging height of the machine used for digging excavation or removal" it is further submitted that the Excavator machinery we are using here have a boom height of 9 mtrs & Copy of Chapter-XI (Mine Working) of The Metalliferous Mines, Regulation 1961-DGMS.Enclosed as Annexure-13.
But committee have not considered our submissions and Now blamed violation coating the report of DGMS dated 2.03.2022. Annexure:-14 It is pertinent to mention here that since 31.12.2020 to 1.01.2022 mine was completely non-operational for about 2 months i.e just before the accident due to pollution raise in NCR region. We have hardly worked for 7,8 Months due to Covid constraints. Thus we here want to submit that how it is possible to have differential submissions for same pit after working of just 7,8 months. Precisely in report dated 31.12.2020 everything was up to mark in specific pit & other area whereas in report submitted after accident everything is categorized as violation. This matter needs to be reviewed before concluding final decision. 5.4 Illegal mining in forest area (non mineable area) in 0.8 hectare area in Dadam mining hills in village Dadam, Tehsil Tosham.
The consolidated reply submitted to Committee is reproduced as under:-"No encroachment on forest area has been made by M/S Govardhan Mines & Minerals. It is clearly evident with the Google Image of period 2016 to Jan 2019 showing position of mined area near Pillar B&C. Further KML file has been sought in meeting dated 4.09.2021 at Haryana Pollution control board, Panchkula (Enclosed as Annexure- 15) Again the matter has been discussed in meeting dated 11.02.2022 & we were asked to submit the imagery date from 2016 to 2019 specifically of 22.05.2016.
189.01.2019 & 8.02.2019 (Enclose as Annexure- 16) Wherein it is clearly evident that illeg,L1 minine of 0.8 ha. was already done before the start of Mining operation by MIS Goverdhan Mines & Minerals.
Report of DFO dated 21/12/2020 (Enclosed as Annexure-17) establishing the same."
Later on Dr. Sultan Singh, Principal Scientist, HARSAC submitted detailed report Dated 17.03.2022 on high resolution satellite imageries for Dadam Stone mines in this issues.
Presuming that HARSAC might have submitted their report. We requested the committee to provide us the report submitted by HARSAC & allow us to present our defense in the matter if in case there are any discrepancies at our end before the release of final report to Hon'ble National Green Tribunal, New Delhi. Request Letter dated 21.03.2022 is enclosed herewith as Annexure:-18. But we haven't received any positive response/ opportunity to address our concerns. Final report has been released date 25.03.2022. After reading the final report we have observed that the complete copy of HARSAC report is not given in Final Report. We requested for the same via mail dated 31.03.2022.Copy of Mail is Enclosed as Annexure:-19. But till date we haven't received the complete copy of HARSAC report. Further In view of the Final report we would like to submit that As per the report of HARSAC it is observed that 0.097 ha of mining area increased within and outside the boundary of 0.8 ha. area. The said report is established by analyzing the imagery of date 16th feb 2020 whereas the previous data analyzed is of 8th feb 2019, Stating the fact that incremental area is observed is between 8th feb 2019 to 16th feb 2020. It needs to be considered here that we have started mining operation from 25th Feb 2019 and last data analyzed on 8th feb 2019, having a difference of 17 days. So, here is a sign of interrogation that how the committee have establishing the fact that this increment in area is being done from 25.02.2019 to 16.02.2020 not between 8.02.2019 to 25.02.2019.
As there has been illegal mining in period where no lessee existed so this fact needs to be considered before drawing any decisive conclusion. It is also respectfully submitted that according to our knowledge and understanding accuracy of date of satellite imagery is considered as +/- 3 pixels where the pixel relates to resolution of the satellite/ drone images. It may translate in to 1.5 meters if resolution in 0.50m and 0.3m linear meter if resolution in 0.10m and likewise. This will have huge bearing on area calculations on the basis of photo image analysis. We have already requested the committee to consider this fact on dated 27.03.2022. Copy of mail Enclosed As Annexure:-20 If the accuracy constraint of satellite imagery is acknowledged than the area alleged over GMM i.e 0.097ha can be concluded & considered negligible. 5.5 Illegal mining in Dadam mining area done up to depth of 109 m The consolidated reply submitted to Committee is reproduced as under:-
"The mining in Pit No.-18 is not done beyond 109m till date. The Inspection report of Dadam mines conducted by officers of mining department on 4-11-2020 (Enclosed as Annexure No: - 21) at point 2 mentions that maximum depth of the pit was found at 109 meters. The PP has started mining operations on 25/2/2019 only and before that the mining was done by M/s Sunder Marketing associates. Earlier before the said lease holder the mines were in operation from 1990 onwards also. This fact can also be verified from Mining Department. In addition to above we are furnishing following documents/ evidence which show that the said mining area was already deep more than 109 meters prior to 25/2/2019.
i) We have submitted a Pen drive having video (Enclosed as Annexure No:-22) of condition of mining area before start of mining operation by M/s Govardhan Mines and Minerals. Also enclosed are photographs of the area (Enclosed as Annexure No:-23) taken from video in the pendrive. The photographs show the exact condition of lease area before start of mining by M/s Govardhan Mines and Minerals.
These were taken before Feb. 2019. From the video probable depth of mine area of alleged pit prior to 25.02.2019 can be estimated to be close to 110m deep. The same gives a clear cut estimate about depth of mine.
Shri Rakesh Dalai who is complainant in 0.A No.-132 of 2020 before Hon'ble NGT have also filed a writ petition (PIL) of 9002 of 2018 Before Hon'ble Punjab and Haryana Court which was dismissed. At page 56 of paper book of CWP (Enclosed as Annexure No:-
24) it has been stated that mining has been done beyond 100 meters. This was on the basis of Survey report got conducted thoroughly by M/s Shivom Engineers Associates Pvt. Ltd. Dated 28-8-2017 (report & Topographical Map 19 Enclosed as Annexure No:-25). In the said survey report it was reported by the Surveyor that mine depth at places is more than 100 meters as the top mRL is 230 & lowest mRL is 129 thus establishing the depth of 101m.
Further it is required to mention here that atter this survey previous lease holder has been permitted by Honourable Supreme Court to work till 30/11/2017. During this period of 3 months extensive mining has been done extracting huge quantity of mineral. Thus extending the death of mining in said nit to 109m. As the matter discussed in meeting dated 4.09.2021 at Haryana Pollution Control Board, Panchkula we were asked to clarify & submit the receiving, if in case MIS Goverdhan Mines & Minerals have submitted this Survey report to Mining Department. In this context we submitted our clarification that this Survey has been conducted by Shivom Engineers Associates Pvt. Ltd not by M/s Goverdhan Mines & Minerals. As M/s Goverdhan Mines & Minerals has allegation of doing mining at the depth of 109metres by NGT, we have used this document for our defence as it has been submitted before court by the same petitioner Mr. Rakesh Dalal in 2018 & aforesaid Survey has been conducted on dated 28.8.2017 which is clearly before the sanction of lease to M/s Goverdhan Mines & Minerals. Further certified Copy of Paper Book of CWP (PIL) No. 9002 of 2018 in case of Rakesh Dalal versus State of Haryana & others was sought in meeting held at Haryana Pollution Control Board, Panchkula on dated 4.09.2021, to establish the factuality of our submission wherein a Digital Survey Report of Dadam Stone Mines conducted by Shivom Engineers Associates Pvt. Ltd was Submitted as a supporting Document in Sr.No. 42 & 43 from page no 562 to 568 of Paper Book. Certified copy is duly submitted to Committee.
Later on Dr. Sultan Singh, Principal Scientist, HARSAC submitted detailed report Dated 17.03.2022 on high resolution satellite imageries for Dadam Stone mines in this issues.
Presuming that HARSAC might have submitted their report. We requested the committee to provide us the report submitted by HARSAC & allow us to present our defense in the matter if in case there are any discrepancies at our end before the release of final report to Hon'ble National Green Tribunal, New Delhi. Request Letter dated 21.03.2022 is enclosed. But we haven't received any positive response/ opportunity to address our concerns.
The main source/ data against allegation of mining up to depth of 109 meters are :-
i. Conclusion made by HARSAC on the basis of satellite images which reflect that M/s Goverdhan Mines & Minerals has done mining upto depth of 80 meters on average and at one point at 15 meters excess. ii. An inspection report dated 12-2-2020 of mining department show that in southern side of lease mining upto 109 m has been done in one part and Assistant Mining Engineer directed to stop mining in area where depth was around 300 feet.
On the above points of allegations we submit as under:-
As stated in HARSAC report Table -8 (Refer Annexure-14 of Final Report) Annexure:26 the max elevation in 2017 is 97rn where as it is 109m in 2020 & 110m in 2022. As reported by HARSAC the average variation in the bottom undulation & correction factor of DGPS of said depth of 109m in 2020 should be considered 97rn. It is pertinent to mention here that the depth estimated in 2022 is also done with DGPS thus same variation should be applied to the report of 2022. Thus difference established comparing these data is only 1m which can be considered negligible due to variation in bottom undulations. Thus it can be safely concluded on the basis of both the reports that the mining have been done prior to the lease being allotted to us between 97m to 109m. Also it is clearly mentioned in detailed deliberation given by HARSAC (in paw no 225 Annexure-14 of Final report of joint committee) that "The average elevation between the year 2019 -2022 cannot be commented because of unavailability of the elevation data for year 2019".
In view of above, it is humbly prayed that there is no illegal mining or mining in contravention of mining plan or EC etc. If there is any difference, then it may be due to error of judgement. (Refer detail deliberation of HARSAC in final Report dated 25.03.2022). It is also respectfully submitted that according to our knowledge and understanding accuracy of date of satellite imagery is considered as +/- 3 pixels where the pixel relates to resolution of the satellite/ drone images. It may translate in to 1.5 meters if resolution in 0.50m and 0.3m linear meter if resolution 20 in 0.10m and likewise. Whereas the most relevant report of M/s Shivom Engineer's dated 28.08.2017 being done with Total station having an accuracy of +/- 1mm. This report deserves credibility. This will have huge bearing on area/depth calculations on the basis of photo image analysis. We have already requested the committee to consider this fact on dated 27.03.2022. Further As stated by us in our reply to show cause notice dated 26/6/2020 that position of the pit was the same as allotted to us by mining department vide LO1 dated 11-10-2018.
On each and every point of show cause notice we filed satisfactory reply along with evidence.
It is admitted to the extent that the show cause notice dated 26.06.2020/5.10.2020 was received by M/s Goverdhan Mines & Minerals, since the reply submitted by us was found satisfactory on all point therefore no further action is required especially when approximately two years have lapsed.
However during this period an original application no 132 of 2020 was filed by one Sh. Rakesh Dalai in NGT new Delhi in which various allegations were leveled against Govardhan Mines and Minerals. The basis of complaint in NGT was that Sh. Rakesh Dalal has filed CWP 9002 of 2017 in Hon'ble Punjab and Haryana High Court against M/S Sunder marketing associate (who was operating the mine at that time). The Hon'ble high court dismissed the said petition with the liberty to petitioner to approach appropriate authority for his grievance. So he filed the almost same petition against M/s Govardhan Mines and Minerals who was then holder of Dadam lease. When NGT took cognizance of matter then we came to notice from paper book of said petition that a survey of lease area was got conducted by other person. The survey was done in 28.08.2017 and after that MIS Sunder marketing associate worked upto Nov. 2017. During that period as per survey depth of mine was more than 100 meters in that part of the lease area.
During enquiries by Committee appointed by Hon'ble NGT we submitted our reply by enclosing certified copies of survey report as well as paper book of petition in CWP 9002 of 2017. We categorically submitted that survey was conducted before the existence of Govardhan Mines as lease holder. This documents is a part of petitions lying in Hon'ble High Court records.
In its detail deliberation report HARSAC confirm the fact the figure of 109m should consider the as 97 m.
Further the detailed deliberation of said point has been received from HARSAC wherein it has been mentioned that the depth is derived from the Digital Terrain Model (DTM) based-on Drone image of 24 Nov. 2017. Since the elevation/depth coverage data is available for the year 2017 this can only be a reliable output. The elevation and depth for after the year 2017 as taken from various sources is neither reliable nor comparable because of single location for the bottom depth data. Hence HRSAC cannot comment on others single point location datasets related to the elevation and depth beyond the year 2017. Though, on the request of the mining department, HARSAC has assessed point data for the year 2020/2021 presuming similar variations in the bottom undulations but it is not comparable with the year 2017. (Refer detail deliberation of HARSAC of final report of Joint Committee dated 25.03.2022) Annexure:-26 If the variations in the bottom undulations is added and subtracted from this, the range of depth obtained varied from 69 m to 91 m with an average of 80 m which is under the acceptable tolerance to the permissible depth of 78 m as per the mining plan. (Refer Annexure 14 of Final report of Joint Committee dated 25.03.2022) Further if we shall observe Table 8 (in page 225 of final report of Joint committee) the average elevation difference top to bottom for year 2017 is 86 m & Maximum Depth calculated is 97 m both are above 78m. Thus it can be clearly inferred that if water table is at 78 m that it was already breached in 2017. So, We have not violated any such condition.
In addition we would like to submit here that as per the EC obtained on said mining plan maximum depth of mining has been taken above water table. But it is pertinent to mention here that the report dated 3.11.2020 of Ground water cell (Refer point no. 2.2.3 on page no 5 of Final Report of Joint Committee dated 25.03.2022 in Annexure:-26 have established the fact that the water table has not been encountered up to the depth of 109m (or say 97m as per the report of HARSAC) and the water accumulated in the mining pit is seepage from the cracks & fissures of the quartzite rock of Aravalli system.
It is also an observation that after Nov 2017 data of Nov 2020 has been used which clearly mark the sign of interrogation as how can it be established that the incremental depth if so, is after the inception of mining by M/S Goverdhan Mines & Minerals i.e 21 between 25.02.2019 to Nov 2020 not before i.e between Nov 2017 to 25.02.2020. Thus, we would like to submit here that conclusion made by joint committee in said matter that illegal mining in 15rn (93m --78m) more than the permissible depth of 78 m on the basis of approved mining plan is based on incomplete information as the surface plan submitted along with mining has not been considered wherein depth of said pit at the time of inception is 99m approx., Further HARSAC has conclude the depth of 97m. We may request you consider the same as it is an important evidence to establish the depth of said pit in inception. (Surface Plan approved with Mining Plan is enclosed).Annexure:-27 Further we have observed that while prima facie communication of DC with HARSAC regarding mining depth estimation with satellite imagery via mail date 11.02.2021 submission made by Principal Scientist HARSAC reproduced as "the mining depth cannot be estimated from the satellite data. However the Digital Surface Model (DSM) generated as a product from ultra-resolution drone data can be used to some extent to find the depth. But this is a research perspective and has tolerance associated with it. (Mail (Annexure-29) is extracted from Action taken report of ADC Dated 16.07.2021). Annexure:-28.
Final report of joint committee has held us responsible for illegal mining in depth upto 80 meters on average and 15 meters on one point without considering our concrete documentary evidence i. Which is from third party (Report of Shivom Engineers Pvt. Ltd.), having no influence from us, before the period of lease of GMM and that is also technical as well as scientific evidence.
ii. Information in surface plan submitted along with mining at the time of inception has not been considered wherein depth of said pit at the time of inception is 99m approx:
iii. Tolerance and limitations of satellite data as itself explained in HARSAC report.
Thus the natural justice has been denied to us by not considering these facts. Thus we request your kind honor to include these submissions in our reply also.
5.6 Abandoned/ damaged Dadam distributary/minor constructed in the Department of Irrigation.
In this context committee has considered the satellite imagery study and concluded that in the year, 2017, no mining was observed in the distributary but it was converted into pathway and there was a damage of 55m length along the Dadam Distributary due to development of path as visible on 2017 image and it has also been mentioned that 558593.91 ft3 (15830 m3) overburden is extracted from the distributary. Further we would like to submit that M/s Goverdhan Mines & Mineral stated mining operation dated 25.02.2020. So, the accountability ofmentioned extracted overburden is of previous lease holder.
5.7 Procurement of groundwater from private agency by M/s Govardhan Mines and Minerals for suppression of dust and plantation of trees in Dadam stone mining area.
Instructed regional department to ask agency to apply for NOC 5.8 Implementation of mining closure plan by the predecessor of the project proponent i.e. M/s Sunder Marketing Associates.
The said matter is under consideration of Hon'ble High court in CWP no. 26094 of 2017. Thus Joint Committee concludes that the Department of Mines & Geology may finalize the issue in light of court orders relating to compensation to private land owners. 5.9 Closing of deep mining pit as per order dated 5.8.2020 of Department of Mines and Geology.
Refer Point No.- 5.1 5.10 Steps taken by M/s Govardhan Mines and Minerals to control dust generated during drilling and other mining operations.
22Report has acknowledged our efforts to control dust generated during drilling and other mining operation.
Response of PP to the second report
" 1.3 Violation recorded by Regional Officer, HSPCB, Bhiwani
S. No. Deficiencies Compliance
1. Unit has not approved the Mine Safety Plan is part of self regulatory
mines safety plan from the Regime asper circular No.3/2019. It requires no competent authority before approval from any authority. MSP was submitted the start of mining thus to Director of Mines Safety ondated 22.12.2020 & violating the point no: 06 of revise Submission via mail dated 30.03.2022 EC conditions. Annexure-.3. A copy of 2019 circular of Mine Safety and confin-nation of Director Mine Safety dated 13.4.2022 is enclosed as Annexure- 4 for kind reference.
2. Unit has not submitted the As desired, CIMFR was requested to conduct Comprehensive study of slope comprehensive Slope study. Its report has already stabilization of mine benches been submitted to Pollution department, Bhiwani. thus Violating the point no.29 of Copy is enclosed as Annexure-5. EC condition.
3. Mining is not done as per Mining operation are carried out by us as approved mining plan as it is per Mining Plan byforming benches maintaining proposed to mine the deposit the proper slope of 70° as far as possible as per by adopting formation of existing ground conditions. Pertinently we have Benches from top to bottom with received the lease after the termination of existing ultimate pit slope of 70°.The lease holder who have already mined the area of height of the benches will be of about 34Ha.
10 meter whereas Moreover, Further the instructions of Width of the benches will also DGMS on 25.01.2022 to carry out mining by top be maintained as 10 down procedure is being fully meters.The slope of 70° not Complied inpit no. 22,23,25,27 & 31. However, found maintained mining pit there are high wall in both eastern & western side no: 18, 22,23,25,27,31,37,38. of pit no. 37 & 38 where these can not be practically complied and hence we have stopped mining operation in said pit under intimation to mining deptt & have also submitted intent to surrender said area to joint Committee. Further, part of pit 18 is also non operation as per the order imposed by DGMS.
Refer the report of DGMS dated 31.12.2020.
Annexure-1 23
4. Unit has not maintained the Total plantation to be done in 5 year plan period 33% green area out of total is 16.1271ha. Out of which 9.2018ha lease area of total 48.87 plantation is done till date having 21258 hectare in the lease area. plants. Total plantation is required to be carried out in statutory barrier is about 3.91 ha. out of which 1.78ha. is developed as green and remaining 2.13ha. in statutory barrier & 4.7953ha outside lease area shall be developed in remaining 2 year as per Mining Plan.
Revise Phase wise proposal is as:-
Phases Area No.of
(may2022- Saplings
2024) (+/-)
1st 1.73 2000
Ilnd 1.73 2000
IIIrd 1.73 2000
IVth 1.73 2000
Total 6.9253 8000
Thus we have not violated any mandate of Mining
Plan. So, we should not be alleged for the matter
which is not a violation.
Plantation record is Enclosed herewith as
Annexure-6
Further, As already submitted that before
starting mining by us, Sunder marketing has
carried out mining and there was no green
belt or barrier of 7.5 m. Yet we have started
the same and we assure that within time, the
green belt shall be developed fully.
5. Plantation is not carried out in Refer Annexure-6. Plantation is not done
the statutory barrier of 7.5 only in area where previous mine lease
meter width within the lease holder carried out mining and thus rendering area
area as per approved mining unfit for plantation.
plan but unit has provided the "
green belt only in patches
outside the lease area in private
land.
xxx ......................................xxx.................................xxx " (ii) Compensation due to illegal mining.
As per the report provided by DMG, Bhiwani to joint committee, total area of 7.5 m barrier to be maintained along the mining lease boundary is 3.91 ha., out of which encroached area is 0.37ha and the quantity of illegal mined material has been assessed as 64,167M.T. In this context we would like to submit that the encroached area observed i.e 0.37ha is a part of already excavated area as at the time of inception we have got approx. 34ha. already excavated area. Copy of the page of mining Plan enclosed as Annexure:-8 As far as plantation in said area is concerned we would do our best to develop the area i.e 0.37 ha. as green belt immediately.
As already submitted that before starting mining by us, Sunder marketing has carried out mining and there was no green belt or barrier of 7.5 m. Yet we have started the same and we assure that within time, the green belt shall be developed fully. Thus this matter needs to be reviewed to conclude the fair & unbiased decision.
(iii) Compensation due to Environmental Damage.
24a) The cost of damage due to falling of 2688cum rock from the Aravali Plantation area:- Forest department sought the valuation of 2688cum stone from HSIIDC which they have calculated Rs. 21,16,024/- In this context we would like to submit that as per the slope stability study conducted by CIMFR has concluded the fact that Orientation of naturally occurring joints with reference to the slope face, natural weathering of the basal & release joint planes and progressive dilation of joints upon saturation of infilled soft (clay silt/sand) materials are the major reasons for the movement of such big wedge failure. Report of CIMFR is enclosed herewith as Annexure9 Thus, we would request you that the act of nature should not be levied on M/S Goverdhan Mines & Minerals.
Instead the material accounted by forest department i.e 2688cum should be dispatched to forest department to compensate the loss or the material may be auctioned to private persons to balance the loss occurred to environment due to natural calamity.
b) As per the report provided by DMG, Bhiwani to joint committee, total area of 7.5 m barrier to be maintained along the mining lease boundary is 3.91 ha., out of which encroached area is 0.37ha. Further out of3.9111a., 1.78ha. is developed as green.
In this context we would like to submit that the encroached area observed i.e 0.37ha is a part of already excavated area as at the time of inception we have got approx. 3411a. already excavated area. Copy of the page of mining Plan enclosed as Annexure:-8. As far as plantation in said area is concerned we would do our best to develop the area i.e 0.37 ha. as green belt immediately. Total plantation to be done in 5 year plan period is 16.127111a. Out of which 9.2018ha plantation is done till.date having 21258 plants.Total plantation is required to be carried out in statutory barrier is about 3.91 ha. "
out of which 1.78ha. is developed as green and remaining 2.13ha. (in statutory barrier) & 4.7953ha (outside lease area) shall be developed in remaining 2 year as per Mining Plan. Thus we have not violated any mandate of Mining Plan. So, we should not be alleged for the matter which is not a violation.
Plantation record is Enclosed herewith as Annexure-6. Precisely we would also submit that we have to develop 7.5 in barrier is green belt in first five years. As already submitted that before starting mining by us, Sunder marketing has carried out mining and there was no green belt or barrier of 7.5 m. Yet we have started the same and we assure that within time, the green belt shall be developed fully. Additional we have planted thousands of plants by taking land on lease as well as purchasing. These lands are adjacent to lease area and plantations have been fully developed there. The primary objective of the same is to control dust pollution by this barrier. The plantations made by us completely covers a major portion of boundary of lease area. Photo of same have already been submitted in concerned department. By considering the area of lease in which plantation is made as well outside area a sufficient barrier has been created. When additionally plantation in lease boundary will made then it will also enhance green belt area.
xxx ......................................xxx.................................xxx " 4. Conclusion I Overall project proponent has not followed scientific mining, not maintained safety zone and green belt of 7.5meter of width along with the lease boundary within the lease area and also not followed precautionary measures & safety norms.25
Mining operation are carried out scientifically by us as per Mining Plan by forming benches maintaining the proper slope of 700 as far as possible as per existing ground conditions. Pertinently we have received the lease after the termination of existing lease holder who have already mined the area of about 34Ha. The Director General of Mines safety, Ghaziabad conducted inspection of Dadam Mines on 28-12-2020 (Refer Annexure No:-1). This inspection was conducted on the letter of Mining Officer Bhiwani in which he raised issue of Unscientific mining by leaseholder. The Report of the DGMS covers all the aspects in this matter. While doing mining we take care of formation of benches. Moreover, Further the instructions of DGMS on 25.01.2022 to carry out mining by top down procedure is being fully complied in pit no. 22,23,25,27 & 31. However, there are high wall in both eastern & western side of pit no. 37 & 38 where these cannot be practically complied and hence we have stopped mining operation in said pit under intimation to mining deptt & have also submitted intent to surrender said area to joint Committee. Further, part of pit 18 is also non operation as per the order imposed by DGMS.
II Committee has observed that the compensation which was required to be paid to deceased injured person has been appropriately paid by the Project proponent.
The payment of the compensation has been confirmed by Deputy Commisioner, Bhiwani vide letter No. 2400 dated 9.03.2022. (Refer page 4 of Final report of joint committee in 0A.no.01/2022) Refer Annexure-7 III Committee has also observed the encroached area (illegally mined area) in 7.5m barrier is 0.37 Hectare and quantity of illegally material in this area assessed as 64,167 MT. The cost of the estimated illegally mine material could be assessed by concerned department. The cost of the falling of 2688 cubic meter rock has been estimated as Rs.21,16,024/-
The encroached area (illegally mined area) in 7.5m barrier observed i.e 0.37ha is a part of already excavated area as at the time of inception we have got approx. 34ha. already excavated area. So, the quantity of illegal material in this area assessed as 64,167MT should not be levied on M/S Goverdhan Mines & Minerals. As asked the exact quantity of illegal material & its responsibility holder should be clearly verified and submitted by department before drawing final conclusion. Further The cost of damage due to falling of 2688cum rock from the Aravali Plantation area is concerned. In this context we would like to submit that as per the slope stability study conducted by CIMFR has concluded the fact that Orientation of naturally occurring joints with reference to the slope face, natural weathering of the basal & release joint planes and progressive dilation of joints upon saturation of infilled soft (clay silt/sand) materials are the major reasons for the movement of such big wedge failure. Report of CIMFR is enclosed herewith as refer Annexure9 Thus, we would request you that the act of nature should not be levied on M/S Goverdhan Mines & Minerals.
Instead the material accounted by forest department i.e 2688cum should be dispatched to forest department to compensate the loss or the material may be auctioned to private persons to balance the loss occurred to environment due to natural calamity.
IV Project Proponent has carried out plantation in 1.78 Hectare area against the total plantation to be done in 7.5m barrier in area of 3.91Hectare.
Total plantation to be done in 5 year plan period is 16.1271ha. Out of which 9.2018ha plantation is done till date having 21258 plants. Total plantation is required to be carried out in statutory barrier is about 3.91 ha. out of which 1.78ha. is developed as green and remaining 2.13ha. (in statutory barrier) & 4.7953ha (outside lease area) shall be developed in remaining 2 year as per Mining Plan. Thus we have not violated any mandate of Mining Plan. So, we should not be alleged for the matter which is not a violation.26
V Safety precautions need to be followed as suggested in this report.
We admit to follow all safety precautions recommended to be followed at mining site.
5. Recommendation As per the recommendation made in point (iv) by the committee that P.P has grossly violated the approved mining plan and the conditions of EC and CTE/CTO. In this context we would like to submit that after the visit of joint committee dated 4.02.2022 (in compliance of the Hon'ble NGT order dated 03.01.2022 in 0.A NO.01/2022) no document/information has been sought by Project Proponent. Neither any hearing has been done thereafter. And unanimously (25% of the net profit) the violation has been alleged without verification of facts and levied a sum of 7.5 Crores on Project proponent. At the same para in point no i,ii,iii committee has asked state govt. to assess the cost of restoration of damage caused to Aravalli plantation, illegally mined material. So, here we would like to request that we should be provided clear verified calculation to establish the accuracy of charges levied on us so that we can have a clear view either the allegation are liable on us or on previous lease holder. As recommended that pit no 37 & 38 fall under accidental area and may be prohibited for further mining. We agree for the same and already submitted surrender of said area as no rectification is possible in said area as per DGMS order. Further we are ready adhere all the precautionary measures required and suggested. The mining pits which are prohibited are duly fenced to avoid further occurrence of such incidents in future. "
Response of the Chief Secretary, Haryana
12. With regard to illegal Mining in forest area (non-minable area) in 300 m2 area in Dadam mines hills, Village Dadam it is stated that the Director Mines, vide order dated 02.05.2022 levied penalty of Rs. 29.64 Crores approx. against the PP of which about 23 Crores has already been recovered. The Secretary, Mines vide order dated 21.06.2022 directed review of the whole matter after fresh opportunity to the PP. With regard to unscientific mining in forest area, forest offence reports dated 15.06.2022 have been issued against the PP as well as its predecessor Sunder Marketing Associate and prosecution cases have been filed. Show cause notices have also been issued but the matter has yet to be finalized. With regard to damage to distributary remedial action has been taken against the previous lessee. Order dated 02.05.2022 passed by the Director, Mines shows basis of calculating the penalty amount as follows:-
"33. For assessing the penalty amount the price of mineral was assessed based on the average sale price of Stone mineral of the 27 Dadam mine itself. It was found that average price during the FY 2021-22 was Rs. 228 per MT. The rate of royalty of the stone in Tosham area is Rs. 50 per MT. So, the amount of royalty and price can be taken as Rs 278 per MT. in case the same is multiplied with 10,66,407 MT (the total quantity of mineral extracted illegally) of stone the amount of price and royalty shall be Rs.29,64,61,146 plus Rs. 10,000 as fine will make the total penalty amount equal to Rs. 29,64,71,146 (twenty nine crores sixty four lacs seventy one thousand one hundred forty six)."
13. Similar basis has been adopted in show cause notice dated 12.07.2022 to the previous lessee proposing to recover Rs. 34,87,86,222.
Relevant extract from the show cause notice is as follows:
"7. It is intimated that the monitoring committee constituted by the NGT in the O.A. No. 169/2020 Kuldeep Singh vs State of Haryana, the irrigation department is submitted a report to the monitoring committee that the dadam distributory from channel RD 20500 to 23500 is damaged due to illegal mining as well as filling the channel by the overburden and used as a pathway by the Project Proponent.
8. It is intimated that the monitoring committee constituted by the NGT in the O.A. No. 169/2020 Kuldeep Singh vs State of Haryana, the irrigation department is submitted a report to the monitoring committee that the dadam distributory from channel RD 20500 to 23500 is damaged due to illegal mining as well as filling the channel by the overburden and used as a pathway by the Project Proponent.
Jul Water Services Division, Bhiwani Quantities for Rock Excavated from Dadam Distributary at village Dadam Teh Tosham District Bhiwani Channel Level Rock Excavated RD Width FT CFI' (+) 2 Ft 0.00 0,00 21150 55 Pt 21350 55 Ft (+) 3 Ft 0.00 0.00 21560 55ft (+) 3 Ft (A) (21560-21350) X 55 X (50-3)/2 (-) 50 Ft (P) 271425 21700 143 Ft 0 Ft 0.00 0.00 28 22200 143 Ft (-) 80FT (B) (22200-21700) X Approx 143 X (80+220)/2 10725000 (-) 220FT (Q) Approx 22400 143 Ft (-) 170FT (C) (22400.22200) X Approx 143 X (170+230)/2 5720000 (-) 230 FT (R) Approx 22800 143 Ft (-) 9FT (D) (22800-22400) X1 143 X (9+80)/2 2545400 (-) 80Fr (S) Approx 23000 49'-5" (+) 16FT 0.00 0.00 23300 49'-5" 0 FT 0.00 0.00 23500 49'-5" 0 FT 0.00 Tail 0.00 Total 19261825 Excavated Rock in Khasra No. 132 in Triangle Shape Khasra Length/Widt Level Rock Excavated No. h FT CFT 132 Length 274 Ft (-) 220 Ft (274X99X(220+240)/2)2 12477960 Approx In view of the above, this office inspect the above area of Dadam Distributory alongwith the SDO, Irrigation. It is found that a depth of 10 mtrs from the surface level is a layer of ordinary clay and after a depth of 10 mtrs rocky layer is seen at the area of Dadam Distributory. Therefore, the illegally excavation of Ordinay clay 1,34,145 cum or 1,89,305 MT. and 4,10,964 cum or 10,27,410 MT of stone are done by the Project Proponent.
9. In Addition of the above, As per datewise report of satellite imagary data for illigal mining in forest area submitted by HARSAC to the joint commitee that you have also done illigal mining in area 0.180 Hect satellite imagaries date 16,052016 and 1.061 Hect. satellite imagary date 24.11.2017 total illegal mining carried out by you in area 1.241 Hect. i.e. 217.375 Mt period from 29.10.2015 to 30.11.2017.
For assessing the penalty amount the price of mineral was assessed based on the above sale price of stone mineral of the 29 Dadam mine itself. It was found that average price during the FY 2021-22 was Rs. 228 per MT. The rate of royally of the stone in Tosham area is Rs. 50 per MT, and as per the average market price of the ordinary clay during the year 2021-22 was Rs. 10 per M.T. and rate of royally with development charge of the Ordinary Clay is Rs. 4.40. Therefore, the amount of royalty and price can be taken as Rs. 278 per MT. of stone and Rs. 14.40 per M.T. of Ordinary Clay. In case the same in multiplied with 1,89,305 MT (the total quantity of mineral extracted illegally) of Ordinary Clay the amount of price and royalty shall be Rs. 27,25,992 and multiplied with 12,44,785 MT (the total quantity of mineral extracted Illegally) of Stone the amount of price and royalty shall be Rs. 34,60,50,230 plus Rs, 10,000 as fine will make the total penalty amount equal to Rs. 34,87,86,222 (Thirty Four crore Eighty Seven latch Eighty six thousand two hundred twenty Two only)."
Consideration today, findings and directions
14. It is patent from the reports of the fact finding Committees that the PP has undertaken mining illegally beyond the mining area and in violation of mining plan as confirmed by the satellite imagery. The PP has failed to provide necessary green belt of 7.5 metre width along the lease boundary in the lease area and to provide safety zone inside the leased mining boundary. Compensation thus has to be assessed and recovered from the PP for undertaking mining beyond the permissible mining area and beyond permissible depth and also the cost of restoration of damage to the plantation, apart from cost of illegally mined material. It is well acknowledged that unregulated mining activities result in serious damage to air, water and land. The same involves blasting, drilling, cutting and blowing natural hills affecting the natural environment. Mining operations in the present case have resulting in generation of tons of dust emissions without requisite mitigation measures. This calls for remedial action for future and fixing accountability for the past.
15. Only point emphasized on behalf of the PP during hearing is that the Committee has found the percentage of illegal mining attributable to the 30 PP i.e. 6.33% needs to be further reduced as the PP commenced mining only on 25.02.2019 while the last date of the image considered is 08.02.2019. For the period from 08.02.2019 to 24.02.2019, mining was done by somebody else and not by the PP.
16. We do not find any merit in this submission. There is no material to rebut the last image dated 8.2.2019. Liability of the PP has been taken only from 25.02.2019. However, we note that even on 08.02.2019 the PP was in possession of the mine and there could be no scope for mining by anyone else. Vide order dated 04.12.2018 in CWP No. 28378-2018(O&M), M/s.
Goverdhan Mines & Minerals vs. State of Haryana & Ors., the High Court allowed the PP to commence mining. Further, Director, Mining vide order dated 20.12.2018 permitted the PP to undertake mining on the basis of EC already obtained. The PP filed application for Consent to Establish on 21.01.2019 which was allowed by the State PCB on 10.02.2019. Thus, it is not possible to accept that from 08.02.2019 to 24.2.2019, someone was in control of the mine in question. Learned Counsel for the PP fairly stated that in case the plea that mining was done prior to 25.02.2019 by the unknown persons is not accepted, quantum of penalty towards illegal mining has to be upheld. In this view of the matter, penalty for illegal mining equal to the cost of mined material already assessed has to be treated as final. We thus uphold the report with the observation that from the date the PP came in possession and was permitting to commence mining, none else can be presumed to have undertaken mining without consent of the PP. Further, PP needs to not only follow requisite safeguards but also to contribute to restoration of the environment.
17. With regard to the cost of damage to the environment, the PP has disputed liability of Rs.7.5 crores. According to it, there is no basis for the 31 observations that this amount was equal to 25% of the profit of the PP as per balance sheet supplied by the PP. Further, figure of Rs 310 crore as turnover is also disputed. It is submitted that levy of compensation has also to be on its predecessor for damage to environment.
18. While we hold the PP to be accountable for the illegal mining, in absence of clarity about data of turnover and profit of the PP, we find it safe to consider value of illegally mined material, noted earlier in the report of the Chief Secretary, as the basis for calculating compensation for damage to the environment. Thus, instead of accepting recommendation for compensation of Rs.7.5 crore towards damage to environment, we fix interim compensation for damage to environment @10% of the value of mined material, in terms of judgment of Hon'ble Supreme Court in Goa Foundation, (2014) 6 SCC 590, pr 78, pending final compensation being determined by a Joint Committee headed by the Additional Chief Secretary, Mining, Haryana with Member Secretary, Haryana State PCB, Regional Officer, CPCB, Indian Bureau of Mines, Dhanbad and PCCF (HoFF), Haryana as members. The Joint Committee may specify components for restoration of environment as well as for creating prospective natural environment. We further note that value of mined material is to be recovered in terms of judgement in Common Cause (2017) 9 SCC 499, prs 128-129 in view of section 21(5) of the MMDR Act, apart from compensation for damage to the environment. It is well settled that as per precautionary principle of environmental law, non-availability of adequate scientific reports/study/data is no ground to ignore the environmental degradation, as observed in Vellore Citizens' Welfare Forum v. Union of India (1996) 5 SCC 647, prs 16 to 18. The matter be finalised within three months. Since predecessor of the PP is not before us, the said Committee 32 may finalise compensation in respect of the said party for damage to the environment as well as for illegal mining, alongwith all other pending issues in the light of the two reports. It will be open to the aggrieved parties to take remedies against decision of the Committee as per law.
19. In view of above, the PP may deposit the remaining amount of penalty and compensation as above within two months. The amount towards restoration of amount may be deposited with the State PCB to be utilized as per utilization plan to be prepared by the State PCB, District Magistrate and Forest Department within two months and the rest with the concerned authority of the Mining Department. The PP may also comply with other recommendations in the two reports to be overseen by the statutory regulators.
Both the applications will stand disposed of.
I.A. No. 114/2022 also stands disposed of.
A copy of this order be forwarded to Additional Chief Secretary, Mining, Haryana, Member Secretary, Haryana State PCB, Regional Officer, CPCB, Indian Bureau of Mines, Dhanbad, PCCF (HoFF), Haryana and District Magistrate by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM August 22, 2022 O.A. Nos. 169/2020 & 01/2022 (I.A. No. 114/2022) A+DV 33