National Green Tribunal
K. Ramsingh vs State Level Environment Impact ... on 26 November, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.14:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 104 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
K. Ramsingh,
Theertharappapuram Post,
Alangulam Taluk, Tenkasi District
...Applicant(s)
Versus
SEIAA, Rep. by its Member Secretary,
Chennai and Ors.
...Respondent(s)
Date of hearing: 26.11.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. Paul Lordson Jebaraj.
For Respondent(s): Ms. Ojas Sivakumar represented
Mr. M.R. Gokulkrishnan for R1.
Mr. S. Sai Sathya Jith for R2.
Dr. D. Shanmuganathan for R3 & R4.
Mr. Saravanan represented
Mr. Vijayamehanath for R5 & R6.
Mr. S. Vijay Prashanth, Spl. Govt. Pleader for R7 & R8.
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ORDER
1. As per order dated 23.09.2021, this Tribunal had considered the report submitted by the 2nd Respondent/TNPCB which was extracted in Para 2 of the order and passed on order, directing the committee to file a report and also permitting the parties to further their objections (if any) to the report submitted by the Tamil Nadu Pollution Control Board and posted the case to 21.10.2021 for that purpose. On 21.10.2021, it was adjourned to today by notification.
2. Respondents No.5, 6, 7 and 8 have filed their reply statement.
3. The Joint Committee has filed the report dated Nil, e-filed on 22.10.2021 and received on 26.10.2021 which reads as follows:-
"JOINT INSPECTION REPORT OF COMMITTEE FORMED PURSUANT TO THE ORDER OF HON'BLE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE CHENNAI IN O.A.NO. 104 OF 2021 DATED. 15.06.2021 It is submitted that Thiru. K.Ramsingh, Theertharappapuram Village, Tenkasi District, has filed an Original Application No. 104 of 2021 (SZ) and IA.No. 87 of 2021 (SZ) before the Hon'ble National Green Tribunal, Southern Zone, Chennai levelling certain complaints against the functioning of roughstone quarries by 7th respondent Mohamed Mahaboob and 8th respondent Sasikumar and with a prayer to i. Direct the 1% to 4't respondents fo take action against the 7th and 8th respondents for violation of conditions prescribed in the licence issued to respondent in Rc. No. M1/44736/2016, dated. 12.12.2017 and Rc.No. M1/34173/2016, dated. 17.08.2017 to the 7 and 8 respondents respectively.Page 2 of 7
ii. Direct the respondents 7+ and 8 to restore the wells and environment pollution free.
2. It is further submitted that the Hon'ble National Green Tribunal, Chennai (SZ) in para 14 of the order dated 15.06.2021] directed the committee to discuss following points i Whether the quarry and other alleged units run by respondents 7 and 8 in the disputed area are having all necessary clearances and permission?
ii. Whether there was any violation committed by the respondents 7 and 8 in operating the quarry against the conditions imposed.
iii. Whether the unit of respondents 7 and 8 are having all necessary pollution control mechanisms which are sufficient to abate the nuisance due to pollution likely to be caused.
iv. Whether respondents 7 and 8 have committed any excess mining, and if so what is the extent of excess mining done and its impact on environment and assess the damage caused to the environment as well as the environmental compensation apart from the penalty and royalty to be realised from them under the respective mining laws.
v. Whether on account of the excess mining any depletion to the groundwater has been caused in that area vi. Whether any high density explosives were used by the 7th and 8 respondent for blasting against the permission granted and is there any damage caused to any of the neighbouring houses on account of the same apart from any sound pollution being caused.
vii. The committee is also directed to assess the damage caused to the neighbouring property owners on account of the unauthorised explosion and vibration caused on account of operating the units of the respondents 7 and 8.
3. As instructed by the Hon'ble National Green Tribunal, Southern Zone, Chennai(SZ) in its order dated 15.06.2021 in Original Application No. 104 of 2021(SZ) & LA. No. 87 of 2021(SZ) "a joint committee was constituted with the following officers in Collector Proceedings in M1/19934/2021, dated. 16.07.2021.
1. The Revenue Divisional Officer, Tenkasi.
2. The Deputy Director, Geology and Mining, Tirunelveli. 3. The Assistant Geologist office of Deputy Director, Geology and Mining, Tirunelveli.Page 3 of 7
4. The Assistant Engineer, Tamil Nadu State Level Environment Impact Assessment Authoriy (TNSEIAA).
5. The District Environmental Engineer, Tamil Nadu Pollution Control Baord, Tirunelveli.
4. The committee members inspected the quarry site on 20.07.2021 and required test relating to Gio Physical Resistivity Survey, Ground Water Level, Ground Water Quality, Ambient Air Quality and Ambient Noise Level through National Accreditation Board for Testing and Calibration Laboratories (NABL) were conducted and got the quarry sites in question measured with taluk survey team and total station survey to assess the volume of pit measurements. The results of the report was examined with reference to the norms prescribed and actual value recorded in the quarry sites are discussed.
5. The 7th respondent has been granted quarry permission to quarry Rough stone, Jelly & Gravel over an extent of 3.74.5 hectares of patta lands in SF. Nos. 434/4C, 434/4E, 434/4F, 434/4G, 434/4H, 434/41, 434/4J, 470/1, 471/2, 471/3, 472/1B & 472/1C of A.P.Nadanoor Village, Alangulam Taluk, Tenkasi District for a period of 5 years vide District Collector Proceedings No. M1/44736/2016, dated. 20.03.2018. The lease deed was executed on 16.04.2018 and the lease period is valid from 16.04.2018 to 15.04.2023. The District Level Environment Impact Assessment Authority, Tirunelveli issued Environmental Clearance in letter No. DEIAA-TNV/TN/49133/2017, dated. 22.02.2018 for a quantity of 5,24,423 com of Rough stone and for a quantity of 23,031 com of Gravel. The Tamil Nadu Pollution Control Board issued consent to operate quarry in the subject area vide proceedings No. F.3238TNV/RS/DEE/TNPCB/TNV/W/2021, dated. 07.08.2021 under Water (P&CP) Act, 1974 and vide proceedings No. F.3238TNV/ RS/DEE/TNPCB/ INV/A/2021, dated. 07.08.2021 Under Air(P&CP) Act,1981 for quarrying a quantity of 5,24,423 com of Roughstone & Jelly and for a quantity of 23,031 com of Gravels subject to the conditions as stated therein valid up to 31/03/2023.
6. The 8&th respondent has been granted quarry permission to quarry Rough stone, Jelly & Gravel over an extent of 1.99.0 hects of patta lands in SF. Nos. 433/1 & 433/2 of A.P.Nadanoor Village, Alangulam Taluk, Tirunelveli District (Currently Tenkasi District) for a period of 5 years vide District Collector Proceedings No. M1/34173/2016, dated. 20.03.2018. The lease was Page 4 of 7 executed on 17.04.2018 and the lease period is valid from 17.04.2018 to 16.04.2023. The District Level Environment Impact Assessment Authority, Tirunelveli issued Environmental Clearance in letter No. DEIAA- TNV/TN/349 60/2017, dated. 22.02.2018 for a quantity of 3,31,000 chm of Rough stone and for a quantity of 30,672 com of Gravel. The Tamil Nadu Pollution Control Board issued consent to operate quarry in the subject area vide proceedings No. F.3032TNV/ RS/DEE/TNPCB/TNV/W/2020, dated. 30.08.2020 Under Water (P&CP) Act, 1974 and vide proceedings No. F.3032TNV/RS/ DEE/TNPCB/ TNV/A/2020, dated. 30.08.2020 Under Air(P&CP) Act,1981 for a quantity of 3,31,000 com of Rough stone & jelly and for a quantity of 30,672 cbm of Gravel subject to the conditions as stated therein valid Up to 31/03/2023.
7. The District Level Environmental Impact Assessment Authority granted permission to quarry at a depth of 52 meters to both respondents as against the Ground Water Level is of 55 meters. The 7th respondent has quarried to a depth of 23 meters in two completed spells for the period from 2004 to 2009 and from 2011 to 2016 and the present lease for the period from 2018 to 2023 where as the 8th respondents has quarried to a depth of 22 meters in the present lease area for the period from 2018 to 2023.
8. As regards mining operation, the 7„ respondent was issued transport permit for a quantity of 1,98,6485 cbm in two completed spells for the period from 2004 to 2009 and from 2011 to 2016 and the present lease period from 2018 to 2023. As per total station survey the quantity excavated comes to 2,04,704 com of which quantity of 6008 cbm was dumped around the lease area. During taluk survey, it is found that volume of the pit works out to 2,04,377 com of which quantity of 7,844 was dumped. The actual quantity transported comes to 1,98,496 cbm and the excess quantity of 11 cbm lies within the acceptable limit.
9. In respect of 8 respondent, transport permit was issued for a quantity of 1,12,349 cbm in the current lease period. According to the total station survey the quantity excavated comes to 1,85,242 cbm of which quantity of 75,701 com dumped. During taluk survey if is found that, the volume of the pit works out to 1,86,590 cbm of which 75,768 com dumped. The transport quantity works out to 1,10,822 cbm which is not exceed the permit issued quantity of 1,12,349 com.
Page 5 of 710. There is no habitation within 300mirs from the quarry lease areas. No building cracks, property damage and agriculture field damages are notice due to blasting. No fly rocks or shattering of rocks has been observed as the pit walls acts itself as a barrier. The lease areas are fenced with 5 feet height and also fixed the sign board with lease particulars.
11. Both the respondents have not used high density explosives as the blasting is carried out by licensed outsource blaster only. Further, they operate the quarry using Jack Hammer Drilling and Special Gelatin Stick of 25mm x 200mm /125gms. The bench height and slope is not maintained as per MMR 1961.
12. Both the quarries satisfy the standard prescribed by Pollution Control Board during Ambient Air Quality Survey test conducted in four locations in the quarry site and the Ambient Noise Level also lies within the standard for residential area of all four locations in the quarry site boundary.
13. In respect of Ground Water Quality in both quarries, it is noticed that the quality in all the parameters are within the acceptable limit of fhe drinking water standards were as the Total Dissolved Solids (IDS) exceeds the acceptable quality of 500 mg/L and within the permissible limit of 2000 mg/L.
14. In order to access the Ground Vibration, the Peak Particle Velocity test (PPV) was conducted in the quarry site belongs fo the 7th respondent and the Ground Vibration result is only 1.19mm/s as per DGMS maximum permissible limit of PPV is 5mm/s and the peak particle velocity test was conducted in the quarry site belongs to the 8th respondent and the Ground Vibration result is only 0.94mm/s as per DGMS maximum permissible limit of PPV is 5mm/s.
16. Conclusion of Committee:
i. The respondents have obtained the necessary clearance and permissions. ii. The mining operations are carried out within the permitted area. iii. The quarry depth is within the permissible depth and above the water table level.
iv. No high density blasting was done. There were no damages to the property of the neighbours.
v. Bench height and slope is not maintained as per MMR 1961.
17. The respondents may be instructed to adopt the following procedure Page 6 of 7
1. The internal roads are to be graded to avoid dust pollution during vehicle movement,
2. The unit has to take steps to allocate 2.5% of the annual turnover and utilize towards CSR activity.
3. The unit has to furnish report on the health check up of the labourers employed.
4. The unit shall continue to develop green belt in the premises and maintain it."
4. The learned counsel appearing for the applicant wanted some time to file their objections to the joint committee report. The Respondents who have not filed their reply are directed to file their reply statement and the applicant is directed to file their objections (if any) to the Joint Committee report on or before 10.12.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and get ready with the matter on 14.12.2021 for hearing.
5. For completion of pleadings, filing objections (if any) to the report and also for hearing, post on 14.12.2021.
Sd/-
......................................J.M. (Justice K. Ramakrishnan) Sd/-
.................................E.M. (Dr. K. Satyagopal) O. A. No. 104/2021 (SZ) 26th November, 2021. Mn.
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