National Green Tribunal
Amit Singh Baghel vs State Of M.P on 18 July, 2022
Item No.01 (Court No.2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH
(By Video Conferencing)
Original Application No. 268/2022
Amit Singh Baghel ...Applicant
Versus
State of M.P. ...Respondent
Date of hearing: 18.07.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondent: Ms. Nidhi, Advocate for M.P.P.C.B.
Application is registered based on a Letter Petition received by Post.
ORDER
1. The grievances in the present letter petition sent by Mr. Amit Singh Baghel resident of Gram Bachwai, Tehsil Raghurajnagar, District Satna, Madhya Pradesh are that lease period of Kesar Star Stone Crusher in Village Rewera has expired but the same is being illegally run in violation of the environmental norms. Boundary walls around the same have not been constructed due to which dust spreads over to surrounding fields and damages their crops. Owner of the stone crusher is also using heavy vehicles which damages the roads.
2. Vide order dated 27.04.2022, this Tribunal constituted the Joint Committee comprising of State PCB and Collector, Satna District and directed the same to submit factual and action taken report within two months.
O. A. No. 268/2022 Amit Singh Baghel Vs. State of M.P. -2-
3. In compliance thereof, the Joint Committee inspected the area on 29.05.2022 and has submitted report vide email dated 27.07.2022. The relevant part of the report is reproduced as under:-
" X X X X X During visit, geographical coordinates, photographs and other relevant information were also collected which are incorporated in the Report. The main observations of the team are given below:
1. There is no Stone Crusher Unit in the name of M/s. Kesar Star Stone Crusher at Village Rewara, Tehsil Raghuraj Nagar, District Satna.
2. However, there was a mining lease in the name of "Manju Singh (Legal Heir of Late Shri Gopal Sharan Singh" Mining Lease area 23.90 Hectares, Khasra No. 172/2 & 173/2, Village Rewera, Tehsil Raghuraj Nagar, District Satna. The lease period of this mine was for the period of 20 Years i.e. -
from 28.04.2001 to 27.04.2021. This Mine has been already surrendered by the PP to the District Mining Office Satna (M.P.), vide it's letter no. nil dated -25.10.2021. - Annexure -
2.
3. At Village - Dewra, there is a Stone Crusher in the name of M/s. Stakeholders Associates, C/O Arrow Associates, at khasra No. 98/1/KA, Village Dewra, Tehsil - Raghuraj Nagar, District - Satna (M.P.). This Stone crusher is located at Dewra, which is just adjacent to the village Rewera, Tehsil - Raghuraj Nagar, District- Satna (M.P.). This stone crusher has consent under Air and Water Acts with validity upto - 10.02.2023. Annexure- 3.
4. During the visit, it is found that above stated stone crusher i.e. M/s. Stakeholders Associates, C/O Arrow Associates has provided the water sprinkler with conveyer belts but it does not have adequate pollution control measures like - boundary walls all around the crusher unit, proper screen cover of the crusher unit. It has only road side boundary wall, which has been found damaged due to wind pressure etc.
5. We have tried to call the Petitioner Mr. Amit Singh Baghel on mobile no. 7000258740 to know the facts, but the call has not been received by him.
Action Taken by MPPCB
1. The Regional Office, MP Pollution Control Board Satna M.P. has issued closure direction dated 03.06.2022 to the crusher unit i.e. M/s. Stakeholders Associates, CIO Arrow Associates, at khasra No. 98/1/KA, Village Dewra, Tehsil Raghuraj Nagar, District - Satna (M.P.)., directing them not to O. A. No. 268/2022 Amit Singh Baghel Vs. State of M.P. -3- operate the Crusher Unit till proper rectifications are done. - Annexure-4.
Summary:-
1. There is no Stone Crusher Unit in The name of M/s. Kesar Star Stone Crusher at Village Rewara, Tehsil Raghuraj Nagar, District Satna.
2. At Village - Dewra, there is a Crusher M/s. Stakeholders Associates, C/o Arrow Associates, at khasra No. 98/1/KA, Village Raghuraj Nagar, District - Satna (M.P.). This Stone crusher is located at Dewra, which is just adjacent to the village-Rewera, Tehsil Raghuraj Nagar District- Satna (M.P.).
3. The Regional Office, MP Pollution Control Board Satna M.P. has issued closure direction dated 03.06.2022 to the crusher unit i.e. M/s. Stakeholders Associates, C/O Arrow Associates, at khasra No. 98/1/KA, Village Dewra, Tehsil -
Raghuraj Nagar, District - Satna (M.P.)., directing them not to operate the Crusher Unit till proper rectifications are done."
4. It is evident from the report that there is no Stone Crusher Unit in the name of M/s. Kesar Star Stone Crusher at Village Rewara, Tehsil Raghuraj Nagar, District Satna but there is a Crusher M/s. Stakeholders Associates, C/o Arrow Associates, at khasra No. 98/1/KA, Village Raghuraj Nagar, District - Satna to which closure direction dated 03.06.2022 has been issued by the Regional Office, MP Pollution Control Board Satna M.P. for violation of environmental norms but no action has been taken for assessment of environmental compensation. A perusal of the report also reveals that mining lease in the name of Manju Singh (Legal Heir of Late Shri Gopal Sharan Singh Mining Lease area 23.90 Hectares, Khasra No. 172/2 & 173/2, Village Rewera, Tehsil Raghuraj Nagar, District Satna for a lease period of 20 Years i.e. from 28.04.2001 to 27.04.2021 has already been surrendered by the Project Proponent to the District Mining Office Satna (M.P.), vide it's letter no. nil dated 25.10.2021 but there is no mention as to what steps have been taken for reclamation /re-habilitation of the mined area of the mining sites in compliance of mining closure plan.
5. The Joint Committee constituted by this Tribunal vide order dated 24.04.2022 is directed to further look into the matter and take further O. A. No. 268/2022 Amit Singh Baghel Vs. State of M.P. -4- remedial action by following due process of law in respect of these aspects and compliance with environmental norms. Factual and action taken report may be furnished within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance.
List the matter for further consideration on 12.10.2022. A copy of this order along with a copy of the application be forwarded to the State PCB and Collector, District Satna by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM July 18, 2022 AG