Orissa High Court
Pramod Kumar Pandey vs State Of Odisha And Others .... Opposite ... on 8 May, 2024
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.11028 of 2024
Pramod Kumar Pandey .... Petitioner
Mr. Bidyadhar Mansingh, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Debakanta Mohanty, Addl. Govt. Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
01. 08.05.2024
This matter is taken up through Hybrid Mode.
2. The petitioner holds a lease to quarry mineral, which was
executed in his favour on 12.09.2022. He had made an application
seeking permission for blasting for conducting quarry operation
which has been rejected as communicated to him through letter
dated 05.02.2024 issued under the signature of the Additional
District Magistrate, Sundargarh, which is under challenge in the
present writ petition.
3. On perusal of the impugned order itself, it appears that the
permission sought for has been declined taking into account a
circular dated 31.01.2003 of the Director General of Mines Safety
(DGMS), in the interest of safety, treating all the places within a
radius of 500 meters of place of firing as the danger zone. The said
rejection is based on a report submitted by the Tahasildar, Bisra
upon a joint verification conducted by the Mining Officer-cum-
Competent Authority, Sundargarh and the Revenue Officials. The
Page 1 of 4
relevant portion of the reports of the Tahasildar and that of the
Mining Officer, Rourkela read as under:-
"OFFICE OF THE TAHASILDAR, BISRA,
SUNDARGARH, ODISHA
No:3248/Date:29.12.2023
To
The Additional District Magistrate, Sundargarh
Sub: Regarding submission of Joint Inquiry report of
Dumerta-Stone Quarry-I
Ref: Your officer letter No.3781/Judl.Date.07.08.2023
Sir,
With reference to the letter on the subject cited
above, I am to say that the Mining Officer Rourkela has
communicated a letter regarding Joint verification with the
Revenue Official on Dumerta Stone Quarry-I. Which is as
follows:-
1.There is a Angwanwadi School at a aerial distance of 307.72 Mtrs (approx) from the Mining area of Dumerta Stone Quarry-I.
2. The aerial distance of nearest village point from the Mining Area is 415.03 Mtrs (Approx).
As per DGMS circular, in the interest of safety to treat all the places within a radius of 500 mtr.of the place of firing as the danger zone.
As such blasting permission may not be granted for Dumerta Stone Quarry-I. The letter No.3564/mines dt.01.12.2023 is enclosed here with for favour of kind information and necessary action.
Yours faithfully, Sd/-Tahasildar, Bisra"
"OFFICE OF THE DEPUTY DIRECTOR OF MINES, ROURKELA, CIRCLE, No.3564/Mines Dt.01/12/2023 From The Mining Officer-cum-Competent Authority Dist-Sundargarh To The Tahasildars, Bisra Sub: Regarding joint inquiry of Dumerta Stone Quarry-I. Page 2 of 4 Ref: Letter No.2066, Dt.23.08.2023 and 3781/Judl. Date:07.08.2023 Sir, With reference to the subject cited above, I am to say that a joint verification with Revenue Officials has been carried out on Dt.04.10.2023. During the Verification following findings have been observed:
1. There is aAnganwadi School at a aerial distance of 307.72 Mtr.
(approx) from the Mining Area of the above mentioned stone quarry (Google map enclosed).
2. The aerial distance of the nearest village point from the Mining Area is 415.03 Mtr. (approx) Google map enclosed. As per the DGMS circular, in the interest of safety to treat all the places within a radius of 500mt. of the place of firing as the danger zone (Copy enclosed). Hence in this regard necessary clarification may kindly be sought for from the director General of Mines Safety (DGMS), Govt. of India. This is for favour of kind information and necessary action.
Sd/-Mining Officer, Rourkela"
4. The Superintendent of Police, Rourkela had also submitted a report dated 03.08.2023 to the effect that there are so many houses of village Barkani and Dumerta located within distance of 500 meters radius from the proposed blasting spot and that there was apprehension of danger to life and property of the above villagers, if the blasting work was to be done.
5. It is also pertinent to mention that the enquiry was conducted by the Tahasildar in the light of a communication made by the Additional District Magistrate, Sundargarh for considering petitioner's representation seeking permission for blasting for conducting the quarry operation.
6. After having considered the report of the Tahasildar, Bisra and the Mining Officer, Rourkela, Additional District Magistrate, Sundargarh has denied permission with the following observations:-Page 3 of 4
"xxx xxx xxx
(iii) There is a Anganwadi school at a aerial distance of 307.72 metrs (approx.) from the mining area of Dumerta Stone Quarry-I.
(iv) The aerial distance of nearest village point from the mining area is 415.03 mtrs (approx.)/ As per DGMS circular, in the interest of safety to treat all the places within a radius of 500 mtrs of the place of firing as the danger zone. As such blasting permission may not be granted for Dumerta Stone Quarry-I. Hence, on the basis of the aforesaid reports received from Superintendent of Police, Rourkela and Tahasildar, Bisra, your application to grant permission for blasting for conducting the quarry operation is hereby rejected."
7. Learned counsel appearing on behalf of the petitioner has submitted that as per the aforesaid DGMS circular, prohibition is with respect to the area within the radius of 500 meters and not within 200 meters. The said submission is manifestly illogical.
8. We do not find any reason to interfere with the impugned order, which is based on the DGMS circular.
9. This writ petition has no merit and is, accordingly, dismissed.
(Chakradhari Sharan Singh) Chief Justice (M.S. Raman) Judge Suchitra/Aswini Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-in-charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 11-May-2024 13:29:27 Page 4 of 4