National Green Tribunal
Dr Sanjay Singh & Ors vs State Of U.P on 21 March, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(BY VIDEO CONFERENCING)
Original Application No. 791/2022
Dr. Sanjay Singh & Ors. Applicant(s)
Versus
State of U.P. Respondent
Date of hearing: 21.03.2023
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB
ORDER
1. Grievance in this application is against unregulated blasting for mining in Sector-9, Obra, District Sonbhadra, UP which has adverse impact on the environment.
2. Vide order dated 04.01.2023, the Tribunal sought a factual report in the matter from a joint Committee of State PCB and District Magistrate, Sonbhadra. The joint Committee has filed its report dated 17.03.2023 as follows:-
"Observations The Joint committee conducted field visit on 14.03.2023. As per facts found during the field visit and documentary evidences available in the record, the report is as follows:-
1. At the time of inspection, committee has observed that Shriram Nagar Colony, Sector-9, Obra, District-Sonbhadra is situated at a distance of about 200 meter away from 1 operational stone mine project M/s Yatharth Enterprises, Proprietor/lease holder Shri Alok Kumar Sahay S/o Late Shrinath Sahay R/o House no. 4/115, VIP Road Obra, District-Sonbhadra.
2. M/s Yatharth Enterprises stone mining project is operating at Gata no. 5436, 5465, 5466, 5467Ka, 5552 Kha (Leased area 7.56 acres), Village-Billi Markundi, Tehsil-Robertsganj, District-
Sonbhadra.
3. Dr. Sanjay Singh complainant was present during inspection at site. He has informed that due to uncontrolled stone blasting activity by M/s Yatharth Enterprises residents of Shriram Nagar Colony, Sector-9, Obra, Sonbhadra are adversely affecting their houses but during inspection adversely affected houses could not be verified.
4. Shri Kulluram S/o of Late Sahdeo Ram and Shri Pran Singh S/o Late Dharmjeet Singh residents of Shriram Nagar Colony, Sector-9, Obra has reported during inspection that our houses are safe and not damaged due to stone blasting and not facing problem due to blasting activity.
5. Complainant Dr. Sanjay Singh has suggested that if project proponent adopt controlled blasting technique, develop 10 meter wide green belt towards Shriram Nagar Colony habitation area and follow guideline of DGMS then we have no problem from said stone mining project.
6. At the time of inspection Shri S.P. Dubey, Mine Foreman, representative of mining project has informed that stone blasting is conducted between 12:00 hrs to 14:00 hrs by taking all precautions as per guideline of DGMS. Stone blasting was carried out during inspection at 13:26 hrs. Ambient noise level was monitored by Regional Office, UPPCB, Sonbhadra during stone blasting time at a distance of about 100 meter away from blasting spot. Ambient noise level was found 100.7 dB(A).
Recommendations:-
1. Controlled blasting techniques with sequential blasting must always be adopted by project proponent.
2. The stone blasting activity should be carried out by project proponent in the day time (during fixed hours) only.
3. The project proponent should develop 10 meter wide green belt with fast growing plants towards Shriram Nagar Colony, Sector-9, Obra habitation site in time bound manner.
4. The project proponent should adopt guidelines regarding control of blasting projectiles as per Director General of Mines Safety, Govt. of India.
5. Regular monitoring of lease area should be ensured by local Mining Department/District Administration, Regional Office, 2 UPPCB, Sonbhadra and DGMS Department etc. for effective compliance of DGMS guidelines.
6. Training of personals engaged in blasting operation should be conducted by DGMS Department from time to time.
7. The regulations for danger zone prescribed by Director General of Mines Safety also have to be complied compulsorily and necessary measures should be taken to minimize the impact on environment."
3. We have heard learned counsel for the State PCB. We are of the view that it will be appropriate to direct further remedial action in the light of recommendations in the report to be overseen by the State PCB and other administrative authorities in accordance with law.
The application is disposed of.
A copy of this order be forwarded to the State PCB and District Magistrate, Sonbhadra by email.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM March 21, 2023 Original Application No. 791/2022 A 3