National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Govt. Of Tamil ... on 28 February, 2023
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 69 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU
Based on the News item in Dinamalar Newspaper,
Chennai Dated 05.02.2021,
"Landslide in Uthiramerur Stone Quarry: one Killed".
Versus
1. The Chief Secretary to Govt. of Tamil Nadu
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
2. The Secretary to Govt. of Tamil Nadu,
Department of Environment & Forests,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
3. The Principal Secretary to Govt. of Tamil Nadu,
Industries Department,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
4. Department of Geology and Mining,
Rep. by its Commissioner,
Alandur Road, Guindy Industrial Estate,
Guindy, Chennai - 600 032.
5. The Chairman,
Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
6. The District Collector,
Kancheepuram District,
First Floor, Collectorate,
Kancheepuram - 631 501.
7. Uthiramerur Town Panchayat,
Rep. by its Executive Officer,
Periyanarasam Pettai Street,
Uthiramerur, Kancheepuram - 603 406.
8. Mr. Muthu,
Aged 60 years,
Madhur Village,
Uthiramerur Panchayat Union,
Kancheepuram - 603 406.
1
9. Mr. S. Sarath Kumar,
S/o P. Devu,
No. 5/265, Annai Therasa St.,
Prem Nagar, Pozhichalur,
Chennai- 600074.
10. Uthiramerur Panchayat Union,
Rep by its Block Development Officer (BDO),
SH- 118, Bukkathurai Uthiramrur Road,
Uthiramerur,
Kancheepuram - 603 406.
...Respondent(s)
For Applicant(s): Suo Motu
For Respondent(s): Dr.D. Shanmuganathan for R1 to R4, R6, R7.
Mr. Sai. Sathya Jith for R5.
Mr. A.S.Shanmuga Rajan for R9.
Judgment Reserved on: 20th February, 2023.
Judgment Pronounced on: 28th February, 2023.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The above application has been registered Suo Motu by this Tribunal based on the report published in Dinamalar Newspaper, Chennai, Edition dated 05.02.2021, under the caption (cj;jpuNk&u; fy; Fthupapy; epyr;rupT: xUtu; gyp) "Landslide in Uthiramerur Stone Quarry: one Killed".
2. The newspaper report alleged that a landslide happened in a private quarry near Uthiramerur at the time when workers were engaged in loading quarried stones from the quarry in the trucks. The main allegation is that no safety measures have been adopted and the lease conditions have not been properly complied with, which resulted in the unfortunate incident. 2
3. It is also reported that the person who has been carrying the quarrying work has not been following any of the mandatory conditions and several complaints were sent against him. This Tribunal, therefore, constituted a Joint Committee consisting of the District Collector, Kancheepuram, a Senior Scientist from Tamil Nadu State Pollution Control Board (TNPCB), a Geologist from the Department of Geology and Mining, Chennai to inspect the area in question and submit the factual details including the action taken reports in the event of any violation.
4. The Committee was directed to inspect the site and ascertain whether any violation of the conditions imposed in the mining lease, Environmental Clearance and other permissions issued to the project proponent and to prepare a report containing suggestions and precautionary measures to be taken for the purpose of considering the question of future course of action. The Joint Committee had inspected the quarry area on 23.04.2021 and observed that the lease period was from 20.12.2018 to 19.12.2023 and the lessee had obtained the Environmental Clearance from District Level Environmental Impact Assessment Authority (DEIAA) for a period of 5 years from the date of the lease subject to the conditions stipulated for quarrying of rough stone and gravel to the tune of 7,21,040 cum and 50,172 cum respectively.
5. The lessee had also obtained the Tamil Nadu Pollution Control Board‟s consent vide „Consent to Operate‟ dated 06.02.2019 up to 31.03.2023 subject to comply with the conditions in the Environmental Clearance and quarry lease agreement. The lessee also had entered into a contract agreement for blasting work. With 3 the help of the Surveyor and the Administrative Officer the Joint Committee had identified the boundaries of the area granted for quarry lease.
6. The Joint Committee also had found the violations in the lease hold areas in S.F. No.s 325/4, 109/1A1 and 109/1A2 which are as follows:
i) As per lease deed conditions the required safety distance of 7.6 and 1Omts has not been provided to the adjacent Patta and Poramboke lands and quarrying had been carried out in the safety zone area also.
ii) Boundary pillars have not been erected and maintained all along the boundary of the lease granted area as per rule 36(4) of Tamil Nadu Minor Mineral Concession Rules 1959.
iii) The lessee has not maintained the 5m height and width of benches with 45 degree slope from horizontal in order to avoiding untoward incident as per regulation 106(2)(a) of the Metalliferrous Mines Regulation 1961 and also the lessee has not carried out the quarrying operations in a skilful, scientific and systematic manner keeping in view of proper safety of the labourers.
iv) The lessee has not monitored the quality of the ground water once in 3 month and not conducted any air sampling survey in and around the quarry site as per EC conditions The lessee has not planted any green belt development around the bounty of the quarry site in manner to preservation of environment and ecology of the area as per rule 36 (5) (C) of Tamil Nadu Minor Mineral Concession Rules 1959.
v) Mining operation is approved up to depth of 62 m (below ground level) in the mining plan / environmental clearance whereas the lessee has carried out the mining operation to depth of 62.6 m i.e., beyond the approved depth over an extent of 0.22.0 1 hec out of 3.01.5 hec.
vi) As per the pit measurements, it is estimated that a quantum of 74,205 M3 of gravel and 14, 07,888 M^ of rough stone had been quarried from the area granted under lease in S.F. Nos.
325/4, 109/ lAl and 109/1A2.
vii) The quantity of rough stone permitted for production in the Approved Mining Plan / Environmental Clearance the quantity for which transport permits obtained from the Office of the Assistant Director of Geology and Mining, Kanchipuram (Annexure-10) and the actual quantum of minerals quarried and removed within the lease hold area in patta S.F.Nos. 325/4, 109/1Al and 109/1A2 of Sirudhamur village and non lease hold area in S.F.No.322 (part) grazing malai and 325/5 kallankuttu Government land of Sirudhamur village are tabulated as follows:
4
Quantum of Quantum of
Quantum of
mineral permitted minerals for Actual quantity of Mineral quarried
for production in which transport minerals quarried and transported
Year the approve a permits and removed unlawfully
mining plan obtained (in M3)
WO {in M 3)
(in M3). {in M 3)
Rough Rough Rough Rough
Gravel Grave1 stone Grave1 Gravel stone
stone stone
1 3 6 8=(6-4) 9=(7-5)
20. t2.20\8
50,172
1,45,945 30,300 27,300
19. 2.2019
2 20.12.2019
- I ,43,870 19,800 32,z0o 74205 14 07,888 24,105 13,40,688
19.12.2020
3 20.12.2020
19.12.2021 1,43,405 7,200
Total 50,172 4,33,220 50,100 67,200 74,205 14,07,888 24,105 13,40,688
3.7) Thus, it is estimated that an quantum of 24,105 M 3 of gravel and 13,40,688 M3 of rough stone has been quarried and removed from the lease hold area without payment of seigniorage fee."
7. The Joint Committee also had found that the illegal quarry in non-
lease hold areas and also the quantity of minerals quarried and transported unlawfully/illegally. Immediately after finding the violations committed by the project proponent, an action was taken by the authorities by not issuing the transport permits to the lessee with effect from 04.02.2021 and the quarrying operation was also suspended by the District Collector by order dated 15.07.2021 under Rule 41(10)(ii) of Tamil Nadu Minor Mineral Concession Rules, 1959. The Deputy Director of Mines, Safety, Directorate General of Mines Safety (DGMS), Chennai also had inspected the quarry site on 04.02.2021 and issued the notice pointing out the violations which are the root cause for the fatal accident which are as follows:
(i) The owner of the mine, failed to appoint a duly qualified manager for overall management, supervision, direction and control of the mine. In contravention of regulation 34 of the Metalliferous Mines Regulation, 1961.
(ii) The quarry owner failed to ensure the sides of the open cast workings been adequately benched, sloped or secured so as to prevent danger from fall of sides before Employing person at the bottom of the bench as require under regulation 106(3) of the Metalllferous Mines Regulations, 1961.5
(iii) The quarry owner also failed to appoint mining mate and place workings under the charge of the mining mater in contravention of the regulation 39 read with 116 of the Metalliferous Mines Regulations, 1961.
8. The Committee also observed that the deceased workers, (1) Sonu Ansary and (2) B. Manikandan were paid Rs.5,00,000/- (Five lakh) each as compensation amount in the presence of the District Collector, Kancheepuram on 08.02.2021 to the legal heirs of the deceased persons.
9. The consent to operate issued to the quarry dated 06.02.2019 under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 for five year was also withdrawn under the provisions of Section 27 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 by order dated 11.06.2021 by the Tamil Nadu Pollution Control Board.
10. The environmental damages were also assessed to the tune of Rs. 86,75,000/- under Section 5 of the Environment (Protection) Act, 1986. The Joint Committee had further recommended for the following actions:
"4. Recommendations-
(i) For illegal and unlawful quarrying and transportation 17,O4,582 M3 of rough stone and gravel necessary penal action has to be initiated by the concerned authority as per G.O 170 industries department dated 05.08.2020 and the Tamil Nadu Minor Mineral Concession Rules, 1959.
(ii) For the violations of lease deed conditions, penalty action may be imposed in respect of such breach may cancel the lease after granting an opportunity of hearing to the lessee as per the Rule 36 (5) (h) of Tamil Nadu Minor Mineral Concession Rules, 1959.
(iii) Since at present further quarrying in the subject area is endanger to the life of the quarry workers. Further, quarrying may be allowed only after taking remedial measures and after getting concurrence from the Director General of Mines Safety and District Collector.
(iv) The committee recommends that the drone survey to be under taken to existing/proposed quarries by the expense of the lessee once in year through the empanelled agency.
(v) The committee recommends that the lessee shall deposit Environmental Compensation as appealed by Hon'b1e National 6 Green Tribunal (SZ) in the TNPCB -- Environmental Compensation Fund payable at Chennai. The amount shall be used for restoration of environment and for necessary remedial and preventive measures in regard to environmental matters."
11. The Pollution Control Board also has filed its report after inspection and found various violations committed by the quarry owner. The Pollution Control Board had addressed to the Additional Director, Department of Mines and Geology on 27.05.2021 to furnish the following details:
(i) The date from which the illegal quarrying of rough stone and gravel carried out in violation of the EC issued by the DEIAA/quarry lease agreement within the lease hold area/outside lease hold area.
(ii) Illegal extraction of excess of rough stone and gravel carried out within the lease hold area/outside lease hold area.
12. The Geology and Mining Department vide communication dated 29.05.2021 had sent a reply to the same stating that " (i) an excess quantum of 24,105 M3 of Gravel and 13,40,688 M3 of rough stone has been mined and transported unlawfully in the area granted for quarry lease over an extent of 3.01.5 hects., of patta land in S.F. Nos. 325/4, 109/1A1 and 109/1A2 of Sirudhamur village and (ii) illegal quarrying was detected over an extent of 0.63.26 hects., in S.F No. 322 (P) and over an extent of 0.29.0 Hects., in S.F. NO. 325/5 of Sirudhamur Village and it was estimated that a total quantum of 23,065 M3 of gravel and 3,16,674 M3 of rough stone have been illegally quarried and transported from the non leased out lands in S.F. No. 322 (P) & 325/5 of Sirudhamur Village".
13. Based on the above, the Pollution Control Board has also calculated the Environmental Compensation as per the CPCB methodology for assessing the Environmental Compensation and arrived at a sum of Rs. 86,75,000/-. Based on the same, show- 7 cause notice under Section 5 of the Environmental (Protection) Act, 1986 was issued to the project proponent dated 24.06.2021.
14. On 04.01.2023, the proceeding of Commissioner of Geology and Mining was issued. The said order after taking note of the report of the Joint Committee appointed by this Tribunal has cancelled the quarry lease under Rule 36(5)(h) of Tamil Nadu Minor Mineral Concession Rules, 1959 and passed orders.
15. Aggrieved by the said order passed by the District Collector, the project proponent had filed an appeal before the Commissioner of Geology and Mining for setting aside the said order passed by the District Collector, Kancheepuram.
16. The Revenue Divisional Officer, Kancheepuram vide the notice dated 29.11.2021 has issued a show-cause notice to the project proponent for levying a sum of Rs. 83,60,26,696/- as penalty for indulging in illicit quarrying and transportation of gravel and rough stone from the lease hold areas. The Commissioner had found that in the lease hold areas for the illegal quarrying and transportation of minerals levied a sum of Rs. 9,73,75,267/- and for the non-leased hold areas including Government Poromboke lands levied a sum of Rs. 14,78,21,711/- totalling to Rs. 24,51,96,978/-. The Assistant Director of Geology and mining, Kancheepurm was directed to communicate to the project proponent to remit the said penalty to be realised in the Government account. The District Collector, Kancheepuram was also instructed to direct the Revenue Divisional Officer, Kancheepuram to file private complaint before the competent court under Section 22 of the MMDR Act, 1957 and to file FIR against the 8 appellant in the jurisdictional police station for taking criminal action.
17. From the above facts, it is clear that the deceased persons were given compensation of Rs. Five lakh each by the project proponent. The Mining and Geology Department had levied the Environmental Compensation as indicated above and as already directed the appropriate authorities to initiate further action for the recovery of the same from the project proponent, 9th respondent. The Pollution Control Board also had levied the compensation based on the penalty imposed by the Mining and Geology Department.
18. In the above circumstances, we direct the appropriate authorities to ensure that the penalties levied are recovered from the defaulter and use the same for mitigation measures. The authorities are also advised not to grant further lease or licenses to such defaulters in future without recovering the penalties imposed. Tamil Nadu Pollution Control Board is also directed to file compliance report relating to collection of the amount levied as Environmental Compensation within 06 months.
19. In view of the above, the Original Application is disposed of.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.69/2021(SZ) 28th February, 2023. (AM) 9 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 69 of 2021(SZ) Tribunal on its own motion-
SUo Motu Vs. The Chief Secretary to Govt. of Tamil Nadu and Ors.
O.A. No. 69/202(SZ) 28th February, 2023. (AM) 10