National Green Tribunal
Shiv Singh vs State Of Rajasthan & Ors on 8 February, 2023
Item No. 3 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 432/2021
Shiv Singh ...Applicant
Versus
State of Rajasthan & Ors. ...Respondents
Date of hearing: 08.02.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None.
Respondents: Mr. Nishant Awana, Advocate for Respondent No. 3-
RSPCB.
Mr. Shivang Srivastava, Advocate for Respondent No.
5-M/s. Gem Granites.
None has appeared for Respondents No. 1, 2 and 4.
Application is registered based on a letter petition received by Post.
ORDER
1. Grievance in this application is regarding damage caused by M/s J.M. Mines managed by one Mr. Bunti Jain, which is carrying on mining near village Kuker Kheda, Tehsil Bhim, District Rajsamand, to the house of applicant, which is located at a distance of 400 meters from the above-
said mining site. It is submitted that granite is being mined by blasting which has resulted in cracks in the house of the applicant. Muck/ stones taken out from the mine are dumped in a nearby storm water drain/canal resulting in blocking of the free flow of the water.
2. Vide order dated 27.01.2022, this Tribunal constituted a Joint Committee comprising of the SEIAA, Rajasthan, the Rajasthan State Pollution Control Board (RSPCB), the Mines & Geological Department, State of Rajasthan, the Department of Irrigation, State of Rajasthan and O.A No. 432/2021 Shiv Singh Vs. State of Rajasthan & Ors.
2the District Magistrate, Bhilwara with direction to submit Factual and action taken report within three months.
3. In compliance thereof, the report of the Joint Committee was submitted by Mr. Anurag Yadav, Regional Officer, RSPCB, Rajsamand vide letter dated 02.09.2022 through email dated 13.09.2022. Relevant part of the report is reproduced as under:-
"Report of the Joint Committee with respect to the original application No. 432/2021 in the matter of Shiv Singh V/s State of Rajasthan & Others.
X X X X
3. Background: -
The committee was informed relevant facts by concerning
department which are summarized as below:-
a) M/s Gem Granites, C/o- Shree Sahu Yatra Company, Behind Adinath Colony, Jaipur Road, Madanganj, Kishangarh, District
-Ajmer had applied for lease for mining of Granite near village -
Kuker Kheda, Tehsil - Bhim, District -Rajsamand at Mining Engineer office, Amet, District -Rajsamand on 26.12.2014.
b) Letter of Intent was issued from Mining Engineer, Amet, District
-Rajsamand on 25.02.2015. (Annexure-6)
c) Mining Plan with Progressive mine closure plan was approved by SME, Rajsamand on 20.03.2015. (Annexure-7)
d) Environmental Clearance was issued to the above mentioned Granite mine from SEIAA, Rajastan, Jaipur vide letter no. F1(4)/SEIAA/SEAC-Raj/Sectt/Project/Cat.1(a)B2(EC)14-15, Jaipur dated 05.01.2016 on the name of M/s Gem Granites, ML No. - 22/2014 (Khasra No. - 3630/3463, 3464-3470, 3472, 3473, 3476-3478), Area - 3.0 Hect., Near Village - Kuker Kheda, Tehsil -Bhim, District -Rajsamand for mining of Granite with production capacity- 120000 TPA with certain conditions (Annexure-8).
e) Mining lease agreement was executed in the favour of M/s Gem Granites, ML No. - 22/2014, Area - 3.0 Hect., Near Village - Kuker Kheda, Tehsil -Bhim, District -Rajsamand on dated 05.10.2017 (Annexure-9).
f) Consent to Establish under section 21(4) of Air (Prevention & Control of Pollution) Act, 1981 and under section 25/26 of the Water (Prevention & Control of Pollution) Act, 1974 was issued to the mines from Regional office, RSPCB, Bhilwara vide letter dated 15.03.2016 for Granite-120000 TPA for the period from 05.02.2016 to 31.01.2019 with certain conditions. (Annexure-
10)
g) Consent to Operate under section 21(4) of Air (Prevention & Control of Pollution) Act, 1981 and under section 25/26 of the Water (Prevention & Control of Pollution) Act, 1974 was issued O.A No. 432/2021 Shiv Singh Vs. State of Rajasthan & Ors.
3to the mine from Regional office, RSPCB, Bhilwara vide letter dated 14.11.2017 for Granite - 120000.00 TPA which was valid upto 30.04.2022 with certain conditions. (Annexure-11)
h) Further, Consent to Operate was renewed under section 21(4) of Air (Prevention & Control of Pollution) Act, 1981 and under section 25/26 of the Water (Prevention & Control of Pollution) Act, 1974 from Regional office, RSPCB Rajsamand vide letter dated 22.06.2022 for Granite - 120000.00 TPA for the period from 01.10.2022 to 30.09.2027 with certain conditions. (Annexure-12)
i) As per provided information, the Department of Mines & Geology, Amet received a complaint from the complainant vide letter dated 22.07.2020, Therefore, mining lease was inspected by the officials of Department of Mines & Geology, Amet on dated 04.08.2020 and a letter issued to the project proponent on dated 07.08.2020 (Annexure -13) stating that:- (a) Mining lease area demarcation pillars not constructed. (b) Blasting done in mining lease area which is against the rules. (c) Dumping of overburden generated from mining activity outside the mining lease area in the drain.
In compliance of the same, project proponent has submitted reply of above letter on dated 08.09.2020 (Annexure - 14).
j) Further, mining lease was again inspected by the official's of Department of Mines & Geology, Amet on dated 28.08.2021 and letter issued to the project proponent on dated 21.09.2021 (Annexure-15) stating that: (a) Overburden dumped by the lease in the nearby storm water drain was not removed (b) Blasting not carried out on the mines in the presence of authorized license holder person. Further, in compliance of the same, Project Proponent had submitted reply of above letter on dated 05.10.2021. (Annexure -16)
k) To access Ambient Air Quality and Noise level, Ambient Air Quality Monitoring & Noise Monitoring were carried out by Regional Laboratory, RSPCB Udaipur on dated 25.05.2022 and analysis result are annexed as (Annexure -17).
l) Mining lease was inspected by the officials of Regional Office, Rajsamand on dated 14.07.2022 and following observations were made:-
(a) Retaining wall around the O.B. dump has not been constructed.
(b) Garland drains and siltation pond have not been constructed in mining lease area.
(c) Unit has not made adequate plantation in compliance of Consent to Operate.
(d) Over burden generated from the mine was found dumped outside the mining lease area near the natural storm water drain causing obstruction to the flow of storm water.
So, notice was issued from the Regional Office, RSPCB Rajsamand under the Air Act 1981, Water Act, 1974 and the Environment (Protection) Act, 1986 regarding non-compliance of Environmental Clearance and Consent to Operate Conditions on dated 15.07.2022 (Annexure-18). The project proponent submitted the reply (Annexure-19) vide letter dated 22.07.2022 that:-
O.A No. 432/2021 Shiv Singh Vs. State of Rajasthan & Ors.4
(a) We have started the work of construction of retraining wall around the O.B. dump and we will complete in one month and will submit the evidence of the same in the office.
(b) Garland drains will also be constructed in one month and will submit the evidence of the same in the office.
(c) We have already planted 400 plants in the leases area and we have planted more than 500 trees in the nearby area and in the panchayat. Also, we have planned for plantation of 600 plants in coming 2 years (300 plants in 2022 and 300 plants 2023). Photographs of the plantation are attached.
(d) Overburden generated from the mines is being dumped inside lease area only. However few of the boulders were spilled to the storm water drain. I have already removed the boulders causing obstruction and now, there is no dump is there in the storm water drain and there is no obstruction to the flow of storm water.
4. Inspection of Joint Committee:
Members of joint committee conducted discussions and accordingly, Joint Committee comprising the following members visited the site on dated 18.07.2022:-
1) Shri Mahipal Singh, Sub Divisional Magistrate, Kareda, District -Bhilwara, Rajasthan.
2) Shri Sanjeev Sharma, Senior Scientific Officer, SEAC Rajasthan
3) Shri Anurag Yadav, Regional Officer, Rajasthan State Pollution Control Board, Rajsamand.
4) Shri Ramesh Nuwal, Executive Engineer, Water Resources Circle, Bhilwara, Rajasthan.
5) Shri Rakesh Kanthed, Assistant Mining Engineer, Amet, District -Rajsamand.
The Joint Committee observed the following:-
a) Mine was found operational during the inspection.
b) Name of mine mentioned in complaint is J.M. Granite. Whereas mine is operating on the name of M/s Gem Granites, ML No. -
22/2014, Area - 3.0 Hect. Near Village - Kuker Kheda, Tehsil - Bhim, District -Rajsamand. It was informed that the Complainant Shri Shiv Singh S/o BhurSingh, is a Resident of Village - Nilwa, Talab ka Pachhore, Tehsil -Kareda, District - Bhilwara, Rajasthan (Co-ordinates 25.692492 N, 74.086929 E) (Photographs enclosed as Annexure-20). The same mine was identified by Shri Rajendra Singh S/o Shiv Singh & other residents of this village
c) It was informed by mining lease representative Sh. Bunty Mundra, that the mining lease M/s Gem Granites, ML No. - 22/2014, Area - 3.0 Hect. Near Village - Kuker Kheda, Tehsil - Bhim, District -Rajsamand is approx. 240 meters away from the house of complainant Shri Shiv Singh.
d) Shri Rajendra Singh S/o Shri Shiv Singh and some other residents of Village -Nilwa, Tehsil - Kareda, District -Bhilwara complained to the committee that time to time blasting is being done by the lessee and vibrations have been felt by most of the residents and house are at risk due to certain cracks. O.A No. 432/2021 Shiv Singh Vs. State of Rajasthan & Ors.
5e) Shri Rajendra Singh S/o Shri Shiv Singh informed that blasting during mining have caused cracks in house (photographs of cracks taken during the inspection have been enclosed as Annexure -21). Mr. Shiv Singh's house has two floors, i.e. ground and first floor. Shri Rajendra Singh informed that the ground floor was constructed earlier and first floor is constructed 4 to 5 years ago.
f) Joint committee then visited house of Shri Hari Singh, resident of Village - Nilwa, Talab ka Pachhore, Tehsil -Kareda, District - Bhilwara, Rajasthan near the house of Sh. Shiv Singh. No cracks have been informed due to mining activity in the house. As per information provided, house is constructed 4 to 5 years ago. (photographs taken during the inspection are enclosed as Annexure-22)
g) Joint committee then visited house of Shri Raghuvir Singh, resident of Village - Nilwa, Talab ka Pachhore, Tehsil -Kareda, District -Bhilwara, Rajasthan near the house of Sh. Shiv Singh. No cracks have been informed due to mining activity in the house (photographs taken during the inspection have been enclosed as Annexure-23). As per information provided, house is constructed 4 to 5 years ago.
h) Joint committee then visited house of Shri Praveen Rawat, resident of Village - Nilwa, Talab ka Pachhore, Tehsil -Kareda, District -Bhilwara, Rajasthan adjacent to the house of Sh. Shiv Singh. Cracks have been informed in some area of the house due to mining activity (photographs of cracks taken during the inspection are enclosed as Annexure - 24). As per information provided, house was constructed 25 years ago.
i) Joint committee observed that Nilwa Talab is located at a distance of approx. 70 meter from the mining lease area (photographs taken during the inspection are enclosed as Annexure - 25).
j) Joint committee has observed that lessee has dumped over burden in unsystematic manner which is creating obstruction in flow of water (photographs taken during the inspection are enclosed as Annexure - 26).
k) Joint committee has observed that Canal for agriculture purpose is originating from Nilwa Talab (photographs taken during the inspection are enclosed as Annexure - 27). No obstruction in the canal was observed during the inspection.
l) As per joint mauka report of Patwari Kukarkheda and Bhana village dated 20.07.2022 (Annexure-28), lessee has dumped over burden in storm water drain on an area of 0.0486 Hect. and has obstructed the storm water flow.
m) Lessee has constructed residential quarters at mining lease area. No cracks were observed (photographs taken during the inspection have been enclosed as Annexure - 29). As informed by the representative, quarters at mining lease were constructed in the year 2020.
n) As per approved mining plan, blasting has been proposed whereas unit's representative informed that blasting has not been carried out. The Joint Committee issued site memo (Annexure-30) to the representative to get clarification regarding:-
(a) Mining Lease sanction order (documents), L.O.I., Permissions from competent authority
(b) Date of Commencement O.A No. 432/2021 Shiv Singh Vs. State of Rajasthan & Ors.
6
(c) Consent to Establish
(d) Consent to Operate
(e) Year wise production figures
(f) Blasting report (all details regarding blasting material with evidence)
(g) Instrument of drilling
(h) Blasting process as per mining plan (with safety parameters)
(i) Blasting intensity or frequency (interval)
(j) Details of drain before commencement of mining.
(k) Document regarding dumping yard (with size & no. of dump)
(l) Dumping material status w.r.t. volume.
In compliance of the site memo, the representative of the mine submitted the reply vide letter dated 20.07.22 (which is annexed as Annexure-31), unit's representative has failed to submit any information regarding blasting (i.e. blasting material, explosives, frequency and intensity of blasting etc.)
5. Conclusions:
On the basis of the provided information by concerned departments and residents of village Nilwa, following has been concluded:-
a) During the time of inspection, mine was found operational but no blasting was observed.
b) In compliance of site memo dated 18.07.2022, unit has submitted reply on dated 20.07.2022, but didn't provide information related to blasting.
c) Joint committee observed cracks in some areas of the inspected houses. It is difficult for the committee to conclude scientific reasons of the crack accurately without scientific / geological study of the area. Such types of studies have been carried out in the referred NGT Case OA No. 288 / 2019, Sh. Balkrishan Vyas V/s State of Rajasthan & Others.
d) As per joint mauka report of Patwari Kukarkheda and Bhana Village dated 20.07.2022, lessee has dumped over burden in storm water drain on an area of 0.0486 Hect. and has obstructed the storm water flow. Project Proponent has been instructed to dump the overburden in systematic manner so that flow of water should not be disturbed."
4. In view of the averments in the application and observations in the report (1) the State of Rajasthan through Chief Secretary, Government of Rajasthan, (2) the Director, Mines and Geology, State of Rajasthan, (3) the RSPCB, (4) the District Magistrate, Bhilwara and (5) the Project Proponent-M/s Gem Granites, ML No. 22/2014, Area-3.0 hect., Near Village- Kuker Kheda, Tehsil-Bhim, District Rajsamand, were impleaded as Respondents No. 1 to 5 and notices were ordered to be issued to O.A No. 432/2021 Shiv Singh Vs. State of Rajasthan & Ors.
7Respondents No. 1, 2, 4 and 5 as Respondent No. 3 was already appearing before this Tribunal through its Counsel. As per office report notices have been duly served on Respondents No. 1, 2, 4 and 5.
5. None has appeared for the applicant and Respondents No. 1, 2 and 4 today.
6. Action Taken Report has been filed by RSPCB vide email dated 06.02.2023. The relevant part of the report is reproduced as under:-
"ACTION TAKEN REPORT ON BEHALF OF
RAJASTHAN STATE POLLUTION CONTROL BOARD
IN COMPLIANCE OF HON'BLE TRIBUNAL ORDER
DATED 01.11.2022.
X X X X
1. That the State Board issued a show cause notice dated 12.12.2022 for intended revocation of Consent to Operate and closure directions, in the light of observations made by the joint committee. The copy of show cause notice dated 12.12.2022 is annexed herewith and marked as Annexure-R/1.
The project proponent submitted reply to the show cause notice, vide letter dated 28.12.2022. The copy of the reply dated 28.12.2022 is annexed herewith and marked as Annexure-R/2.
2. That the officials of the State Board inspected the mining lease on 13.12.2022 and on the basis of deficiencies observed during inspection, the State Board issued show cause notice dated 21.12.2022 providing opportunity of being heard (OBH) to the project proponent. The copy of the show cause notice dated 21.12.2022 is annexed herewith and marked as Annexure-R/
3.During OBH on 02.01.2023, the representative of the project proponent Shri Ravikant Mundra requested to provide time upto 15.01.2023 for removal of remaining overburden lying outside the lease area. The copy of the reply dated 02.01.2023 is annexed herewith and marked as Annexure-R/4.
3. That the project proponent submitted the modified mining plan, approved by the Additional Director (Mines) Udaipur Zone, Udaipur vide letter dated 09.01.2023. As per the approved mining plan the over burden will be dumped outside the lease area in Khasra no. 3482, 3484 and 3486 which is mining area. The copy of the mining plan is annexed herewith and marked as Annexure- R/5.
4. That the Mining Engineer, Amet Rajsamand vide letter dated 21.01.2023 informed that the verburden has been O.A No. 432/2021 Shiv Singh Vs. State of Rajasthan & Ors.
8removed by the project proponent and being dumped as per the approved mining plan. The copy of the ME letter dated 21.01.2023 is annexed herewith and marked as Annexure- R/6.
5. That the Patwari, Kukerkheda vide mauka report dated 20.01.2023 informed that no overburden was found at araji no. 3558 and no obstruction to natural flow of storm water was found. The copy of the letter dated 20.01.2023 is annexed herewith and marked as Annexure - R/7.
65. That for the violations done by the project proponent, the State Board has initiated action for imposing environment compensation as per the guidelines and same is under progress."
7. In the present case one of the main grievances of the applicant is regarding damage caused to his house which is stated to have developed cracks due to blasting operations conducted by the Project Proponent. In its report, the Joint Committee has observed development of cracks in the house of the applicant although it has expressed its inability to conclude about the cause thereof in the absence of scientific/geological study of the area. The Joint Committee had issued site memo to the representative of the Project Proponent requiring information about the blasting operations but the Project Proponent failed to submit any information regarding blasting, i.e., blasting material, explosives, frequency and intensity of blasting etc.
8. Mr. Shivang Srivastava, Advocates has appeared for Respondent No. 5-the Project Proponent and seeks time to file reply/response on behalf of Respondent No. 5. Respondent No. 5 was duly served with notice of the present proceedings and was required to file its reply/response. Even though no sufficient ground is made out for granting adjournment for filing of reply/response by Respondent No. 5 but in the interest of justice one opportunity is granted to Respondent No. 5 for filing its reply/response.
O.A No. 432/2021 Shiv Singh Vs. State of Rajasthan & Ors.
99. Reply/response on behalf of Respondent No. 5-the Project Proponent be filed within one month at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
10. The Project Proponent is directed to give detailed information in its reply regarding compliance with Environmental Clearance and Consent Conditions, CSR activities, blasting operations etc and file copies of all relevant documents.
11. List the matter for further consideration on 27.03.2023.
12. In the meanwhile, in view of the facts and circumstances of the case particularly that the Project Proponent is reported to have previously indulged in mining in violation of EC/consent conditions and environmental norms for which proceedings for imposing environmental damage compensation have been initiated and that the Project Proponent is alleged to have conducted blasting operations regarding which the Project Proponent has not given any information to the concerned statutory Authorities and even to the Joint Committee and also the provisions of Section 20 of the National Green Tribunal Act, 2010 which mandates this Tribunal to apply inter alia precautionary principle, the Project Proponent is restrained from carrying out any further mining from the mining site in question till further orders to the contrary.
13. The District Magistrate, Bhilwara and the Superintendent of Police, Bhilwara are directed to take all requisite steps for ensuring that no illegal mining takes place in the mining site in question. O.A No. 432/2021 Shiv Singh Vs. State of Rajasthan & Ors.
1014. A copy of this order be sent to the RSPCB, the District Magistrate, Bhilwara, the Superintendent of Police, Bhilwara and the Project Proponent by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 08, 2023 AVT