National Green Tribunal
Oggu Srinivasa Reddy vs Union Of India Ministry Of Environment ... on 27 January, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.01:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 20 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Oggu Srinivasa Reddy
S/o. Kesava Reddy, aged 46 years,
R/o. Narayanapuram & Rejerla Village,
Sathupally Mandal, Khammam District,
Telangana and Anr.
...Applicant(s)
Versus
Union of India,
Through the Secretary,
Ministry of Environment, Forests & Climate Change,
Indira Paryavaran Bhawan,
Jor Bag Road, New Delhi and Ors.
....Respondent(s)
Date of hearing: 27.01.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Mr. Sravan Kumar.
For Respondent(s): Mr. T. Sai Krishnan through
Mr. B. Lakshmi Narasimhan for R2.
Mr. Sanjeev Kumar, Spl. Govt. Pleader along
with Mrs. H. Yasmeen Ali for R3.
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ORDER
1. The above application has been filed by the applicant alleging that the 1st respondent granted Environmental Clearance (EC) to the 3rd respondent as per their proceedings dated 28.03.2010 and they are violating the conditions imposed in respect of operating the unit. It is alleged in the application that when clearance was granted under the Forest Conservation Act, 1980, it was also mentioned that it was subject to grant of Environmental Clearance and the conditions to be imposed in the Environmental Clearance (EC). It is also alleged that they are doing open cast mining prior to grant of Environmental Clearance and also in violation of the conditions imposed under the Environmental Clearance (EC) regarding the transport of the coal by road. Further, the unit is situated near the Jeenugupally Tank and on account of the operation of the unit by dumping coal dust near the water bodies, water pollution is also caused. Inspite of complaints given, no action has been taken to mitigate the issues. Though, in the final Environment Impact Assessment/ Environmental Management Plan it was mentioned that there was no impact on land use and topography but in fact no proper study has been conducted in respect of this issue. Even certain mitigation measures provided under the Management Plan on account of possible environment impact have not been complied with by the 3 rd respondent Page 2 of 7 unit. On account of the transport of coal through road which is not permissible as per the Environmental Clearance (EC) conditions, lot of air pollution is being caused due to transport of heavy vehicles which is carrying the coal without complying with the necessary pollution forms. Further, while doing the open cast coal mining, they are using explosive substance for blasting without adopting scientific methods to avoid air and sound pollution which also causes innumerable health hazards to the people in the locality. So, the applicant filed the present application seeking the following reliefs:-
"Set aside the proceedings dated 30.06.2017 issued by the 1st respondent herein by declaring that the 3rd respondent has violated the conditions stipulated herein and further restrain the said respondent from continuing mining in respect of area which is subject matter of above said proceedings and to issue appropriate directions by declaring the impugned action as illegal, arbitrary and violative of provisions contained in Article 14, 21 and 48 -A of Constitution of India and pass such other order or orders in the interest of justice."
2. When the matter came up for hearing today through Video Conference, Mr. Sravan Kumar represented the applicant. Mr. T. Sai Krishnan through Mr. B. Lakshmi Narasimhan represented 2nd respondent and Mr. Sanjeev Kumar, Special Government Pleader for State of Telangana along with Mrs. H. Yasmeen Ali represented 3rd respondent. Page 3 of 7
3. On going through the allegations made in this matter, we are satisfied that there arises a substantial question of environmental which requires the interference of this Tribunal.
4. It is also seen from the records that there is another case that has been filed by some of the local residents of Khammam District in respect of the same unit alleging air, soil and sound pollution as O.A. NO.174 of 2020(SZ) and that matter has been admitted and a Joint Committee has been constituted for the purpose of considering the allegations in that application and directed them to submit a report.
5. So under such circumstances, we feel that there is no necessity to appoint any separate committee to go into the issue that has been projected as an environmental issue in this case as most of the issues are covered in the Terms of Reference (ToR) issued by this Tribunal in that case.
6. However, the learned counsel appearing for the applicant submitted that apart from the sound and air pollution certain other details were given regarding the damage caused to the water body which is near the place on account of large scale of dumping of coal mining from this area along the side of the water body in violation of the terms and conditions and Environmental Clearance (EC) and that aspects also has to be considered by the committee in this regard.
7. So, this matter is also admitted. Issue notice to the respondents by registered post along with Acknowledgment Due, E-mail and Dusthi, if Page 4 of 7 possible and the applicant is directed to produce proof of service by filing proof of affidavit as per Rules.
8. The applicant is also directed (i) to submit a set of papers to the standing counsel appearing for the respondents 2 & 3 within a week and produce proof of service, (ii) to produce necessary requisite before this Tribunal along with the necessary postal stamps and covers within a week so as to enable this Tribunal to send notice to the respondents to ensure the service so as to enable this Tribunal to proceed against them, if they did not appear before this Tribunal in accordance with law and (iii) to submit a set of papers to the members of the committee appointed by this Tribunal in O.A. No.174 of 2020 within a week so as to enable them to comply with the direction of submitting a consolidated report including the allegations raised in this application.
9. Considering the allegations made in O.A. No.174/2020, we constituted a Joint Committee comprising of 1) the District Collector, Khamman District or a Senior Officer not below the rank of Assistant Collector / Joint Collector or Sub Divisional Magistrate as designated by the District Collector, 2) a Senior Officer/Scientist from Ministry of Environment, Forests and Climate Change (MoEF&CC), Regional Office, Chennai, 3) a Senior Officer from Telangana State Pollution Control Board as nominated by its Chairman and 4) a Senior Officer from the Department of Mining and Geology, Telangana State as deputed by the Director Page 5 of 7 earlier to go into the allegations originally and thereafter, as per order dated 21.01.2021, this Tribunal had expanded the committee by including officials from the Directorate General of Mines Safety, Government of Telangana and also a Senior Official from the Directorate General of Mines Safety and Road Buildings Department, Government of Telangana as deputed by the Director General as additional members to look into these aspects.
10.So under such circumstances, we feel that it will be sufficient to direct the same committee to look into the issues that has been projected in this case as well and submit a consolidated report before this Tribunal so that both the cases can be disposed of by a common order as the issues raised in both the cases are in respect of the same unit. So, the committee appointed in O.A. No.174/2020 is directed to look into this issue as well and submit a consolidated report.
11.The applicant is directed to submit a set of papers to the committee members in O.A. No.174/2020 within a week so as to enable them to comply with the direction.
12.The committee is directed to submit a consolidated report as directed on or before 26.03.2021 to this Tribunal 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. Page 6 of 7
13.The committee members are directed to give notice to the counsel appearing for the applicant informing the date of inspection so that he can also be present and assist the committee regarding the environmental issues that are being projected, without causing any obstruction to the functioning of the committee in proceeding with the matter in accordance with law.
14.The Registry is directed to communicate this order to the members of the committee including the additional members included in O.A. No. 174 of 2020 pending before this Tribunal along with the copy of this application so as to enable them to comply with the direction by e-mail immediately.
15.For appearance of parties, consideration of report and filing of independent response by the parties, post along with O.A. No. 174/2020 on 26.03.2021.
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.20/2021, 27th January, 2021. Mn.
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