National Green Tribunal
Sudheer Kumar Pandey vs State Of Chhattisgarh Through Its Chief ... on 11 September, 2023
Item No.2
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. No.39/2023(CZ)
Sudheer Kumar Pandey Applicant(s)
Versus
State of Chhattisgarh & Ors. Respondent(s)
Date of Hearing : 11.09.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL EXPERT MEMBER
For Applicant(s): Mr. Shrey Kapoor, Adv.
For Respondent(s) : Mr. Abhinay Sharma, Adv.
(with Ms. Parul Khurana, Adv.)
ORDER
1. This Original Application has been filed under Sections 14, 15 and 18 of National Green Tribunal Act, 2010 by Shri Sudheer Kumar Pandey, alleging that respondent nos. 8 to 23 are engaged in illegal mining of dolomite in the area of Districts Raigarh and Sarangarh, State of Chhattisgarh. They are conducting mining beyond the area permitted under the concerned permissions/sanctions/NOCs/Environmental Clearance and in transportation of mined mineral, due precaution is not being observed causing huge dust and thereby causing air pollution.
Therefore, respondents-proponents are violating the provisions of Environment (Protection) Act, 1986 and Air (Prevention and Control of Pollution) Act, 1981 etc.
2. The matter was initially filed by the applicant without naming any person as violators and this Tribunal directed the applicant to implead the persons who have violated the rules. Accordingly, the applicant moved an application and impleaded the respondent against whom there are allegations that aforesaid persons have violated the environmental rules.
1The Tribunal took the cognizance and vide order dated 10.07.2023 constituted a committee consisting Integrated Regional Officer, Ministry of Environment, Forest and Climate Change, Bhopal, concerned District Magistrates of Districts Raigarh and Sarangarh and Chhattisgarh Environment Conservation Board with direction to submit the technical and action taken report.
3. In compliance of the order the Joint Committee submitted the report with the following facts:
"In compliance to the above order the following officers have been nominated by CPCB and CECB for conducting joint inspection and submitting the report.
1. Dr. P. R. Sakhare, Scientist`E' Regional Office, Ministry of Environment, Forest & Climate Change, Nagpur (Maharsthra)
2. Ku. Santan Devi Jangde (I.A.S.), ADM District- Raigarh (C.G.)
3. Smt. Monika Verma S.D.M. (R.), Sarangarh, District-
Sarangarh-Bilaigarh (C.G.)
4. Sh. Ankur Sahu, Regional officer, CECB, Regional Office, Raigarh (C.G.) The committee visited the site as mentioned in petition on 7th August, 2023 for district Sarangarh--Bilaigarh. Although the name of proponents as mentioned in petition are situated in district Sarangarh-Bilaigarh, the committee visited the dolomite mine situated in district Raigarh on 8th August 2023 to fmd out facts as well as to know the extent of problem.
A. During the visit the committee has observed the following points:
S. Name of Type of Status During Inspection No. Industry & Project Address 1 M/s. Shubh Crusher Unit I. Proponent has obtained Minerals Pvt. Ltd., storage permission in Vi11.-Bilaigarh, 1.901 Hect. from mining Teh.-Baramkela, department for capacity Dist.-Sarangarh- 40,000 Tonne (At a time) Bilaigarh (C.G.) which is valid upto Date 2 14.12.2030.
II. Proponent has obtained consent under water & Air Act from Chhattisgarh Environment Conservation Board which is valid upto Date 31.01.2025.
III. Project proponent has informed the committee that the mineral for crushing was purchased from M/s Ramesh Ghanshyam Mines, M/s Ajay Singh Chandra, Jaijaipur, M/s Ashish Goyal As per the document submitted to mining department from April 2023 to July 2023 project proponent has purchase 51,601.8 MT quantity for crushing. IV. Project proponent has covered the vibrating unit by G.I. sheet and has made water sprinkling, arrangements for control of air pollution.
2 Mr. Ashish Mine I. Proponent has obtained Goyal, Vill.- Environment clearance for Katangpali, mining in 4.242 hect. Mine Chhelphora, lease area for miningof dolomite 2,00, Teh.- II. Proponent has obtained Baramkela, Mining lease permission Dist.- from mining department Sarangarh- which is valid upto Date Bilaigarh 23.12.2029. (C.G.) III. Proponent has obtained consent under Water & Air Act from Chhattisgarh Environment Conservation Board which is valid upto 3 Date 31.03.2024.
IV. During inspection
committee observed that
mines pit was almost filled with rain water. Project proponent inform the committee that present excavated area is about 3.6 hect. and mining operation has been closed since 28.02.2023, only 1686 Tonne of material was dispatched in month of June 2023.
V. Proper fencing for
protection/safety of
unauthorized access of
human beings and animals was not found.
VI. Project proponent has
not developed dense
plantation in 7.5 meter
wide safety belt.
3 M/s. Harsh Mine & I. Proponent has
Minerals, Vill.- Crusher obtained Environment
Katangpali, Unit clearance for
Teh. Sarangarh, mining in 4.992 hect. Mine
Dist. lease area for mining
Sarangarh- of dolomite 118500
Bilaigarh (C.G.) MT/Annum quantity. Issued
vide letter dated
13.10.2017
II. Proponent has obtained
Mining lease permission from mining department which is valid upto Date 28.08.2029.
III. Proponent has
obtained consent under
4
Water & Air Act from
Chhattisgarh Environment Conservation Board which is valid upto Date 31.01.2024.
IV. During inspection committee observed that mines pit was almost filled with rain water. Project proponent inform the committee that present excavated area is about 2.0 hect. and mining operation has been closed due to water filled in mines.
V. Proper fencing for
protection/safety of
unauthorized access of
human beings and
animals was not found.
VI. Project proponent has
covered the vibrating unit by G.I. sheet and has made water sprinkling arrangements for control of air pollution.
VII. Project proponent has
not developed dense
plantation in 7.5 meter
wide safety belt.
4 M/s. Baba Crusher I. Proponent has obtained
Baidyanath Unit storage permission from
Minerals, mining department which
Vill.-Salheona, is valid upto Date
Teh.- 12.01.2032.
Baramkela, II. Proponent has
Dist.- obtained consent under
Sarangarh- Water & Air Act from
5
Bilaigarh (C.G.) Chhattisgarh Environment
Conservation Board
which is valid upto Date
29.12.2023.
III. Project proponent has
informed the committee
that the mineral for
crushing was purchased
from M/s Ramesh
Ghanshyam Mines. As per
the document submitted to-
mining department from
April 2023 to July 2023
project proponent
purchased 24,967 MT
quantity for crushing.
IV. Project proponent has
covered the vibrating unit by G.I. sheet and has made water sprinkling arrangements for control of air pollution.
5 M/s. Bindal Crusher I. Proponent has obtained Minerals, Unit storage permission from Vill.- Jotpur, mining department Teh. which is valid upto Date Baramkela, 15.01.2031.
Dist.- II. Proponent has
Sarangarh- obtained consent under
Bilaigarh Water & Air Act from
(C.G.) Chhattisgarh
Environment
Conservation Board
which is valid upto Date
31.08.2026.
III. Project proponent has
informed the committee
that the mineral for
crushing was purchased
from M/s Agrasen Mines
6
and Minerals, M/s
Rajesh Agrawal, M/s
Satguru Sai Minerals
As per the document
submitted to mining
department from April
2023 to July 2023 project proponent has purchased 43,537 MT quantity for crushing.
IV. Project proponent has covered the vibrating unit by G.I. sheet and has made water sprinkling arrangements for control of air pollution. Thick plantation around the periphery was not found.
6 M/s. Crusher GangaMinerals, Vill.- I. Proponent has obtained Unit storage permission from Jotpur, Teh.-
mining department which Sarangarh, is valid upto Date Dist.-
29.01.2021.
Sarangarh-
II. Proponent has obtained Bilaigarh (C.G.) consent under Water & Air Act from Chhattisgarh Environment Conservation Board which is valid upto Date 30.12.2024.
III. Project proponent has informed the committee that the mineral for crushing was purchased from M/s Pila Babu Patel, M/s Agrasen Mines and Minerals, M/s Aradhana Patel. As per the document submitted tomining department from 7 April 2023 to July 2023 project proponenthas purchased 37,60 IV. Project proponent has covered the vibrating unit by G.I. sheet and has made water sprinkling arrangements for control of air pollution. Thick plantation around the periphery was not found. 7 M/s. Raigarh Mine I. Proponent has Minerals Pvt. obtained Environment Ltd., clearance for mining in Vill.-Bilaigarh, 4.659 hect. Mine Teh.-Baramkela, lease area for mining of Dist.-Sarangarh- dolomite 95,000 Bilaigarh (C.G.) MT/Annum quantity.
Issued vide letter dated 24.10.2016 II. Proponent has obtained mining lease permission from mining department which is valid upto Date 21.03.2067.
III. Proponent has
obtained consent under
Water & Air Act from
Chhattisgarh Environment Conservation Board which is valid upto Date 31.05.2024.
IV. During inspection committee observed that mines pit was almost filled with rain water. Project proponent inform the committee that present excavated area is 8 about 2.5 hect. and mining operation has, been closed due to water filled in mines.
V. Committee has observed that mining activity has been done beyond the lease area.
VI. Proper fencing For
protection/safety of
unauthorized access of
human beings and
animals was not found.
VII. Project proponent has
not developed dense
plantation in 7.5 meter
wide safety belt.
8 M/s. Satguru Mine & I. Proponent has obtained
Sai Mines Crusher Environment clearance
Pvt. Ltd., Vill.- Unit for mining in 4.399 hect.
Bilaigarh, Teh.- Baramkela, Dist.-Sarangarh-
Mine lease area for
Bilaigarh mining of dolomite
(C.G.) 183705 MT/Annum
quantity. Issued vide
letter dated 13.10.2017.
II. Proponent has obtained mining lease permission from mining department which is valid upto date 19.10.2030.
III. Proponent has obtained consent under Water & Air Act from Chhattisgarh Environment Conservation Board which is valid upto date 31.08.2027.
IV. During inspection committee observed that 9 mines pit was almost filled with rain water. project proponent inform the committee that present excavated area is about 2.5 hect. and mining operation has been closed due to water filled in mines.
V. Proper fencing for
protection/safety of
unauthorized access of
human beings and
animals was not found.
VI. Project proponent has
not developed dense
plantation in 7.5 meter
wide safety belt.
M/s. Jai Durga Crusher I. Proponent has obtained
Crusher Udyog, Unit storage permission from
mining department
Vi11.-
which is valid upto date
Katangpali, Teh.-
03.03.2032.
Baramkela,Dist.-Sarangarh- II. Proponent has
Bilaigarh (C.G.) obtained consent under
Water & Air Act from
Chhattisgarh
Environment
Conservation Board
which is valid upto date
31.01.2024.
III. Project proponent has
informed the committee
that the mineral for
crushing was purchased
from M/s Pila Babu Patel, M/s Ramesh Kumar Ghanshyam, M/s 10 Raigarh Minerals Pvt.
Ltd., M/s Balaji Mince and Minerals. M/s Rajesh Agrawal. As per the document submitted to mining department from April 2023 to July 2023 project proponent haspurchased 10,6 quantity for crushing.
IV. Project proponent has covered the vibrating unit by G.I. sheet and has made water sprinkling arrangements for control of air pollution.
10 M/s. Jai Maa Crusher I. Proponent has obtained
Chandrasini Unit storage permission from
Gramudyog, mining department
Vill.-Bilaigarh, which is valid upto date
Teh.- 28.04.2032.
Sarangarh, II. Proponent has
Dist.- obtained consent under
Sarangarh- Water & Air Act from
Bilaigarh (C.G.) Chhattisgarh
Environment
Conservation Board
which is valid upto date
30.11.2027.
III. Project proponent has
informed the committee
that the mineral for
crushing was purchased
from M/s Pila Babu
Patel, M/s Rajesh
Agrasw41. As per the
document submitted to
mining department from
April 2023 to July
2023 project
11
proponent has
purchased 4,632 MT
quantity for crushing.
IV. Project proponent has
covered the vibrating unit by G.I. sheet and has made water sprinkling arrangements for control of air pollution. Thick plantation around the periphery was not found.
11 M/s. OM Crusher I. Proponent has obtained Minerals, Vill. Unit storage permission from Salheona.Teh.- mining department which Baramkela, is valid upto date Dist.-Sarangarh- 06.04.2032.
Bilaigarh (C.G.) II. Proponent has
obtained consent under
Water & Air Act from
Chhattisgarh
Environment Conservation Board which is valid upto date 31.03.2026.
III. Project proponent has
informed the committee
that the mineral for
crushing was purchased
from M/s Gurushree
Minerals, Jaijaipur. As per the document submitted to mining department from April 2023 to July 2023project propone has purchased 960 MT quantity for crushing.
IV. Project proponent has covered the vibrating unit by G.I. sheet and has made water sprinkling 12 arrangements for control of air pollution.
M/s. Hari OM Crusher I. Proponent has obtained Minerals, Vill.- Unit storage permission from Chhailfora, Teh.- mining Sarangarh, department which is valid Dist.-Sarangarh- upto date 28.03.2032.
Bilaigarh (C.G.) II. Proponent has obtained consent under Water & Air Act from Chhattisgarh Environment Conservation Board which is valid upto date 31.03.2024.
III. Project proponent has informed the committee that the mineral for crushing was purchased from M/s Agrasen Mines and Minerals. As per the document submittedto mining department from April 2023 to July 2023 project proponent has purchased 15,000 MT quantity for crushing.
IV. Project proponent has covered the vibrating unit by G.I. sheet and has made water sprinkling arrangements for control of air pollution.
12 M/s. Navdurga Crusher I. Proponent has obtained
Crusher Udyog, Unit storage permission from
Vill.-Salheona, mining department which
Teh.- is valid upto date
13
Baramkela, 13.03.2032.
Dist.- II. Proponent has obtained
Sarangarh- consent under Water &
Bilaigarh (C.G.) Air Act from
Chhattisgarh Environment Conservation Board which is valid upto date 30.04.2027.
III. Project proponent has
informed the committee
that the mineral for
crushing was purchased
from M/s Rajesh Agrawal.
As per the document
submitted to mining
department from April
2023 to July 2023 project proponent has purchased 4,117 MT quantity for crushing. IV. Project proponent has covered the vibrating unit by G.I. sheet and has made water sprinkling arrangements for control of air pollution.
13 M/s. Mahamiya Mine I. Proponent has obtained Minerals, Vill.- Environment clearance for mining in 4.016 hect.
Katangpali,
Mine lease area for
Teh.-
mining, of dolomite
Baramkela,
51,000 MT/Annum.
Dist.-Sarangarh-
quantity. Issued vide
Bilaigarh (C.G.)
letter dated 25.02.2017.
II. Proponent has obtained
Mining lease permission
from mining department
which is valid upto date
14
20.03.2041.
III. Proponent has obtained
consent under Water & Air Act from Chhattisgarh Environment Conservation Board which is expired 28.02.2028.
IV. During inspection
committee observed that
mines pit was almost filled with rain water. Project proponent inform the committee that present excavated area is about 2.6 hect. and mining operation has been closed due to water filled in mines.
V. Proper fencing for
protection/safety of
unauthorized access of
human beings and animals was not found.
VI. Project proponent has
not developed dense
plantation in 7.5 meter
wide safety belt.
15 M/s. Aryan Mine I. Proponent hasobtained Environmen
Minerals & lease area for mining
Metals Pvt. Ltd., of dolomite 1,00,000
V ill.-J otpur, MT/Annum quantity, vide
Teh.- letter dated
Baramkela, 21.02.2017.
Dist.-
II. Proponent has obtained
Sarangarh-
Mining lease permission from Bilaigarh (C. G. mining department which is ) valid upto date 24.07.2067.
III. Proponent has
obtained
consent under Water & Air 15 Act from Chhattisgarh Environment Conservation Board which is expired 30.06.2023. Proponent has applied for renewal of consent before C.G. Environment Conservation Board.
IV. During inspection committee observed that mines pit was almost filled with rain water. Project proponent inform the committee that present excavated area is about 4.96 hect. and mining operation has been closed due to water filled in mines.
V. Proper fencing for
protection/safety of
unauthorized access of
human beings and
animals was not found.
16 M/s. Agroha Crusher I. Proponent has obtained
Minerals, Vill.- unit storage
Salheona, Teh.- permission from mining
Baramkela, department which is valid
Dist.-Sarangarh- upto date 24.02.2032.
Bilaigarh (C.G.)
II. Proponent has obtained
consent underWater & Air Act from Chhattisgarh Environment Conservation Board which is valid upto date 28.02.2028.
III. Project proponenthas
16
informed the committee
that the Industrywas not in production from last 2 year Committee has also visited the operational Dolomite Mine situated in Raigarh district and observed the following points S.No. Name Type of Status During Inspection Industry & Project Address Mis. Goutam Mine I. Proponent has Agrawal Vill.- obtained Environment Chhote Hardi, clearance for Teh.- mining in 4.379 hect. Mine Pussore, Dist.- lease area for mining Raigarh (C.G.) of dolomite 1,10,000 MT/Annum quantity, V i de letter dated 30.12.2016. Project Proponent inform the committee earlier the lease was in the name of Mr. Goutam Agrawal and the lease was transfer on dated 14.03.2023 in the name of M/s Shourya Minerals Pvt. Ltd.
II. Proponent has obtained mining lease permission from mining department which is valid upto date 18.01.2032.
III. Proponent has obtained consent under Water & Air Act from Chhattisgarh 17 Environment Conservation Board which is valid upto 31.01.2028.
IV. During inspection committee observed that mines pit was almost filled with rain water. Project proponent inform the committee that present excavated area is about 4.60 hect. and mining operation has been closed due to water filled in mines.
V. Proper fencing for
protection/safety of
unauthorized access of
human beings and
animals was not found.
VI Project proponent has not developed dense plantation in 7.5 meter wide safety belt.
VII Proponent inform the committee that proper 7.5 meter safety belt will he provided all around the periphery of the mines within one year.
B. Observation of the committee:
1. Industry/proponent are engaged in mining of dolomite above the sanctioned lease area/Environment Clearance:-
During the visit status of mine and crusher unit has been illustrated in the above chart. Committee found that the said mines in the petition are 18 persuading mining activities within their mine lease boundary expect M/s. Raigarh Minerals Pvt. Ltd., Vill.-Bilaigarh, Teh.-Baramkela, Dist.- Sarangarh-Bilaigarh (C.G.). Committee has observed that the mine of M/s Raigarh Minerals, seems to be excavated the land more than the mine lease area, as the pillar point in the north east direction of the mine lease was not visible due to excess water at the mine pit and the survey for actual lease area and mined out area was not possible. Therefore committee suggested that a detail survey for lease area and mined out area shall be carried out through revenue department after the monsoon season. Mining officer has inform the committee that regular inspection was carried out for monitoring of the mining activity and in case any irregularity and illegal mining operations reported action as per mining act was taken time to time. Committee also noted that project proponents have not developed dense plantation in 7.5 meter wide safety belt, proper fencing for protection/safety of unauthorized access of human beings and animals was not found.
2. Transportation of mined minerals is causing air pollution in the near by area :-
No transportation of mine material was found during the inspection. It was informed by the project proponent that dolomite is being transported through tarpaulin covered trucks and tankers have been provided for regular sprinkling of water on internal roads.
C. Recommendation: -
1. Committee has observed that the mine of M/s Raigarh Minerals, seems to be excavated the land more than the mine lease area, as the pillar point in the north east direction of the mine lease was not visible due to excess water at the mine pit and the survey for actual lease area and mined out area was not possible. Therefore committee suggested that a detail survey for lease area and mined out area shall be carried out through revenue department after the monsoon season. Chhattisgarh Environment Conservation Board and Mining Department shall take appropriate action as per the report of revenue department.
2. Mining Department shall increase the frequency of inspection of mineral reserve areas and storage permission area for monitoring of stocking quantity.19
3. Project proponents shall make proper arrangements for tarpaulin covering of material carrying trucks.
4. Project proponents shall provide proper fencing for protection/safety of unauthorized access of human beings and animals.
5. Project proponents shall install CCTV Cameras at the inward and outward gates and ensure the availability of video footage for at least three months all the times.
6. Project proponents shall submit compliance of Environment Clearance condition every six month to appropriate authority.
7. Project proponents shall increase the density of plantation in 7.5 meter wide safety area all along the mine periphery.
8. Project proponents shall install display board with details of mine lease area, name of lease holder, production capacity, validity of various permission and other details at the main gate of mine and crusher unit.
Information received from Mining Department is attached as Annexure-I and photographs are attached as Annexure-II.
In view of the above, the committee submits that necessary action for non-compliance of the condition for fencing and dense plantation within the periphery shall be initiated against the project proponent by mining department and C.G. Environment conservation Board."
4. Learned counsel for the applicant has submitted that the more than 60% or 80% of the mineral have been excavated by the project proponent within less then six months which is not in proportionate manner. We have examined the contention raised by the learned counsel for the applicant. Nothing has been shown by the applicant as to whether the project proponent has exceeded the maximum quantity or violated any environmental rules. In reply thereof, learned counsel has submitted that 20 the report submitted by the joint committee has not taken cognizance of illegal mining, but again he has not shown in his document with regard to the illegal mining.
5. The joint committee report says that the Project Proponent has valid and requisite permission from the competent authority and certain recommendations have been made to be complied by the respondents.
6. With regard to the Raigarh mineral it has been submitted that the lease was not visible due to excess water at the mine pit and on the basis of above it has been suggested that it is for the Mining Department/Revenue Department, to do the detail survey of the lease area.
7. We have gone through the report submitted by the committee and found that unless there is proved violation with the evidence, it would not be appropriate to proceed on the basis of imaginary grounds. On this point, we direct the Mining Department and the State Pollution Control Board to examine the matter and incase of any violation they have to take necessary action according to rules.
8. In light of the observations and recommendations of the joint committee, we direct the respondents to follow the recommendations which are enumerated as follows :-
i. Mining Department shall increase the frequency of inspection of mineral reserve areas and storage permission area for monitoring of stocking quantity.
ii. Project proponents shall make proper arrangements for tarpaulin covering of material carrying trucks.
iii. Project proponents shall provide proper fencing for protection/safety of unauthorized access of human beings and animals.
iv. Project proponents shall install CCTV Cameras at the inward and outward gates and ensure the availability of video footage for at least three months all the times.21
v. Project proponents shall submit compliance of Environment Clearance condition every six month to appropriate authority.
vi. Project proponents shall increase the density of plantation in 7.5 meter wide safety area all along the mine periphery.
vii. Project proponents shall install display board with details of mine lease area, name of lease holder, production capacity, validity of various permission and other details at the main gate of mine and crusher unit.
9. We direct the State PCB and Mining Department to enforce the above recommendations and incase of violations to ensure the compliances and take necessary actions.
10. With these observations the Original Application No. 39/2023 stands disposed of.
Sheo Kumar Singh, JM Dr. A Senthil Vel, EM 11th September, 2023 O.A No. 39/2023(CZ) PN 22