National Green Tribunal
Mr. P.V.Subramanya Varma ... vs The State Telangana Represented By Its ... on 31 March, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.5:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 06 of 2022 (SZ) &
I.A. No.65 of 2022 (SZ)
IN THE MATTER OF:
P.V. Subramanya Varma
S/o. P. Atchutha Rama Raju
Hyderabad.
...Applicant(s)
Versus
The State of Telangana,
Represented by its Principal Secretary,
Environment, Forests, Science and Technology Department,
Secretariat, Hyderabad and Ors.
...Respondent(s)
Date of hearing: 31.03.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. V.B. Subrahmanyam.
For Respondent(s): Mrs. Renuka Devi represented
Mrs. H. Yasmeen Ali for R1 to R3, R6 to R12, R14.
Ms. J. Dayana represented
Mr. T. Sai Krishnan for R4.
Mrs. Revathi Manivannan for R5.
Mr. G.M. Syed Nurullah Sheriff for R13.
Mr. Unnam Muralidhar Rao for R21.
Page 1 of 19
ORDER
1. The above case has been posted to today for return of notice on Respondents No.15, 16, 19 to 21, 23 to 25, 32 & 33, completion of pleadings and also for consideration of report.
2. The applicant has not taken further steps to serve notice on Respondents No.15, 16, 19 to 21, 23 to 25, 32 & 33. Most of these notices were returned as 'Insufficient Address'.
3. Mr. Unnam Muralidhar Rao represented M/s. Unnam Law Firm entered appearance for the 21st Respondent.
4. The 21st Respondent has filed their counter along with the documents.
5. The 21st Respondent also filed an interlocutory application as I.A. No.65 of 2022 (SZ) seeking reliefs to declare their unit as an environment friendly / eco-friendly unit, to declare their stone crushing unit is being set up for carrying out recycling of construction debris by manufacturing reusable gravel stone chips and robo sand, to be reused in the construction industry and also by interim relief, permit their unit to recycle excavated stone boulders and to manufacture reusable gravel, stone chips, and robo sand to be reused in nation building activity in most eco friendly manner on temporary basis on part with other existing four units in the same vicinity.
Page 2 of 196. Even according to the Respondent No.21/Applicant in this interlocutory application, they have not obtained Consent to Establish and Consent to Operate. It is also mentioned in the interlocutory application itself that the application for Consent filed by them was rejected by the Telangana State Pollution Control Board and they intend to file an appeal against the same before the Appellate Authority.
7. If that be the case, it is not known as to how the prayer sought for in this application can be granted at this stage. Whether they are operating the unit without obtaining necessary Consent or other environmental permissions, is a matter to be considered in the main application. Without considering those aspects, none of the prayers made in the application can be considered at this stage, especially when they do not even have Consent to Establish and Consent to Operate which is the primary thing required under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 for an industry of this nature to function.
8. So under such circumstances, we feel that the prayer in the application cannot be granted at this stage, and if they complied with Page 3 of 19 all the directions and if they are entitled to operate the unit, that can be considered in the main application.
9. We have not expressed any opinion regarding the conduct of 21st Respondent at present. If any appeal has been filed against the rejection order passed by the State Pollution Control Board, the Appellate Authority is at liberty to consider the same in accordance with law. With the above observation, liberty and directions, this I.A.65 of 2022 (SZ) is disposed of.
10. The learned counsel appearing for the MoEF&CC submitted that some more units are yet to be inspected and today, the Joint Committee members had gone for inspection of the remaining units and he wanted some more time to file the report as directed by this Tribunal.
11. The State Pollution Control Board has filed a status report dated 30.03.2022, e-filed today i.e. 31.03.2022 which reads as follows:-
"Status report of the Telangana State Pollution Control Board (Respondent No. 4) in NGT OA No.6 of 2022 filed by Sri P.V.Subramanya Varma, R/o. Khairthabad, Hyderabad against unauthorized operation of respondent Stone Crushing units in Sangareddy and Rangareddy Districts:
It is to submit that an application was filed before the Hon'ble NGT, Chennai in OA No. 6 of 2022 by Sri P.V.Subramanya Varma, R/o.Page 4 of 19
Hyderabad, praying the Hon'ble Tribunal to declare the inaction of the Respondent Nos. 1 to 14 in preventing establishment and operation of the illegal and unauthorized stone crushing units of Respondent Nos. 15 to 33 in Rangareddy and Sangareddy Districts and consequently direct the respondents Nos. 1 to 14 to seize, dismantle and prevent the operation of the Respondent Nos. 15 to 33.
In this connection, it is to submit that there are six respondent stone crushing units in Sangareddy District and 12 respondent stone crushers (R17 is repeated at R21) in Rangareddy District. Further, there are 11 non-respondent stone crushers in GO 111 area of RR District. The status report of respondent stone crushers in the jurisdiction of Sangareddy & Rangareddy Districts and non-respondent Stone Crushers in GO 111 area of RR District is submitted as follows:
Sangareddy District:
There are following six respondent Stone Crushers:
1. M/s. Arkid Infra, Sy. No. 192, 193, 194, 195, 196, 197 & 198, Kollur (V), Ramachandrapuram (M), Sangareddy District (Respondent No. 26):
2. M/s. Pulluri Mining & Logistics Pvt. Ltd., Unit-I, Sy. No. 196, 197 and 198, Kollur Village, Ramachandrapuram (M), Sangareddy District (Respondent No. 27):
3. M/s. Gold Dust Ventures LLP, Sy.No.192 to 198, Kollur (V), Ramachandrapuram (M), Sangareddy District (Respondent No. 28):
4. M/s. Sri Sai Balaji Rock, Sy. No.193 &194, Kollur, Sangareddy District (Respondent No. 29):
5. M/s. Hitech Stone & Robos and Industry, Sy. No.193 &194, Kollur, Sangareddy District (Respondent No. 30):
6. M/s. Hanuma Enterprises, Sy. No. 12E, Osman Nagar (V), Ramachandrapuram (M), Sangareddy District (Respondent No. 31):
The Board issued Closure Orders to the above six stone crushing units and orders for power disconnection to the SE (Operations), TSSPDCL, Sangareddy District in the year 2019 (R-26 to R-30) and in 2020 (R-31) for operating without having consent of the Board, not providing requisite air pollution control systems and causing pollution in the surrounding areas.Page 5 of 19
As power was not disconnected, the Board also addressed a letter to the Chairman and MD, TSSPDCL, Hyderabad requesting to instruct the concerned officers of TSSPDCL to disconnect the power supply of the above six stone crushers.
Subsequently, the District Collector, Sangareddy constituted a team consisting of Tahsildar, Ramachandrapuram Mandal; Environmental Engineer, TSPCB, Sangareddy; AD (Mines), Sangareddy and Officials of TSSPDCL to seize the crushers. The team inspected the industries and observed that all the above six stone crushers were not in operation. However, the Tahsildar, R.C.Puram Mandal, Sangareddy District seized the power transmission equipment of the above six stone crushers.
During the subsequent inspection of the Board Officials on 04.01.2021, the above six stone crushers were not in operation.
Further, during subsequent inspection of the Board Officials on 11.01.2022, Four Stone Crushers (R-26, R-27, R-30 & R-31) were dismantled. The other two stone crushers i.e., R-28 & R-29 were observed to be not in operation. The same was also observed during the visit on 08.03.2022 by the Joint Committee constituted by the Hon'ble NGT in OA No.6 of 2022.
The unit-wise status report with enclosures (closure orders, power disconnection orders to TSSPDCL, correspondence letters & Hon'ble High Court orders) of Environmental Engineer, TSPCB, Regional Office, Sangareddy is enclosed as Annexure-A. Rangareddy District:
There are total 23 stone crushing units (12 respondent & 11 Non respondent Stone Crushing units):
Respondent stone crushing units:
1. M/s. Sri Laxmi Narasimha Metal Industries), Vattinagulapally, Gandipet, RR District (Respondent No. 15):
2. M/s. Hyma Developers (formerly M/s. Pullur Constructions & My Home Constructions), Kokapet(V), Gandipet (M), Rangareddy District (Respondent No. 16)
3. M/s. Adeshwar Aggregates Pvt Ltd., (Vesella Aggregates), Sy.No.246/1 & 246/2, Vattinagulapalli, Gandipet, RR District (Respondent Nos. 17 Repeated at Respondent No. 21) Page 6 of 19
4. M/s. Kore Stone Minerals, Vattinagulapally(V), Gandipet (M), Rangareddy District. (Respondent Nos. 18)
5. M/s. Sri Laxmi Constructions (formerly Raghavendra Stone Crusher), Vattinagulapally (V), Gandipet (M), Rangareddy District (Respondent No. 19)
6. M/s. Sree Rama Engineering Constructions, Vattinagulapalli, Gandipet, RR District. (Respondent No. 20)
7. M/s. Hyderabad Rock Sand, Vattinagulapally (V), Gandipet (M), Rangareddy District (Respondent No. 22)
8. M/s. Sree Rock Sand Minerals, Sy.No.36, Gopanpalli, Serilingampally, RR District (Respondent No. 23)
9. M/s. Great India Mining (formerly Sebi Mining), Goulidoddi(V), Serilingampally(M), Rangareddy District (Respondent No.
24)
10.M/s. DBR Metal Industry, Kothwalguda, Shamshabad, RR District (Respondent No. 25)
11.M/s. SMI Stone Crusher (Shama Metal Industry), Kothwalguda, Shamshabad, RR District (Respondent No. 32)
12.M/S. AMI Stone Crushers (formerly AQI Metal Industries / Ahmed Metal Industries), Kothwalguda, Shamshabad, RR District (Respondent No. 33) Non Respondent stone crushing units:
1. M/s. Shama Metal Supply, Sy.No.7 & 20, Dargha Khaleej Khan Village, Gandipet(M), Rangareddy District.
2. M/s. GMR Stone Crusher, (Formerly M/s. Progressive Construction Company), Sy.No. 270 & 271, Vattinagulapally (V), Gandipet (M), Rangareddy District
3. M/s. Adeshwar Traders (formerly M/s. Vensai Metals / M/s.Prasad Metals), Vattinagulapally (V), Gandipet (M), Rangareddy District
4. M/s. Teja Reddy Crushers, Vattinagulapally (V), Gandipet (M), Rangareddy District
5. M/s. Sri Srinivasa & Co., Sy.No.452/1, Puppalaguda (V), Gandipet (M), Rangareddy District
6. M/s. Sree Sand Mineral(formerly Ganesh Metal Industries), Page 7 of 19 Gopanpalli, Serilingampally, RR District
7. M/s. Padmavathi Metal Industry, Kothwalguda, Shamshabad, RR District
8. M/s. JMI Stone Crushers (formerly M/s. Jagadamba Metal Industry), Kothwalguda, Shamshabad, RR District
9. M/s. ASR Metal Industry, Kothwalguda, Shamshabad, RR District
10.M/s. C5 Infra Pvt. Ltd, (Crusher), Vattinagulapally, Gandipet (M), RR District
11.M/s. Unnamed Stone Crusher, located beside Aadeeshwar Aggregates, Vattinagulapally, Gandipet (M), RR District The Board issued Closure Orders to the above 23 stone crushing units (Respondent units-12 & Non Respondent units- 11) and orders for power disconnection to the SE (Operations), TSSPDCL, Rangareddy District in the year 2017 to 2022 for operating without having consent of the Board, not providing requisite air pollution control systems and causing pollution in the surrounding areas.
The TSSPDCL has disconnected power supply to all the above 23 units. However, complaints were received on operation of the units with DG sets. The Board addressed letters dated 02.12.2019, 08.10.2020 & 01.11.2021 to the Tahsildars requesting to seize the DG set to ensure that the stone crushers are not operated.
The Board addressed letter dated 18.11.2020 to the RDO, Rajendranagar Division, Rangareddy District to seize the DG sets (Annexure-B).
As the matters stood thus, the following Writ Petitions were filed before the Hon'ble High Court in similar matters:
(i) WP (PIL) No. 170 of 2020 filed by Sri.M.Gopal Reddy and (ii) WP No. 12022 of 2020 filed by Sri. Vislavath Sangameshwar, R/o. Hyderabad.
(i). The Hon'ble High Court in WP (PIL) No. 170 of 2020 in order dt. 20.10.2021, has taken on record that the Board has issued closure orders from time to time and directed the Tahsildars to seize the material and to ensure closure of industries. Further, the Hon'ble High court disposed the matter with the following directions (Annexure-C):Page 8 of 19
".... Resultantly, the Writ Petition stands disposed of with the direction to the Tahsildar, Gandipet Mandal, Ranga Reddy District to give effect to the closure orders passed by the Pollution Control Board and to report compliance within ten (10) days to the Registrar General of this Court...."
(ii). The Hon'ble High Court in its disposal order dated 18.01.2022 in WP No. 12022 of 2020 issued following directions (Annexure-D):
"....Resultantly, the present Writ Petition is disposed of with a direction the State Government to ensure that the orders passed by the Board are implemented and no mining/ crushing activity takes place in respect of the area in question. It is made clear that in case the orders passed by the Board are not implemented by the revenue authorities, this Court shall be taking suomotu contempt proceedings against the Revenue authorities. Let a compliance report be filed before the Registrar general of this Court positively within a period of six weeks.
The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs."
Based on the above orders, the Board has addressed a letter to Tahsildars of Gandipet Mandal, Serlingampally Mandal & Shamshabad Mandal on 23.12.2021 and 21.01.2022 to implement the Hon'ble High court orders for seizure of DG sets and to confiscate the stone crusher units (Annexure-E).
A letter was also addressed to the District Collector, Rangareddy District on 17.01.2022 requesting to confiscate the stone crusher, as complaints have still being received that the stone crushing units clandestinely operating with DG sets inspite of power disconnection (Annexure-F).
The Collector & District Magistrate, Rangareddy District has addressed a letter dated 10.03.2022 to the RDO, Rajendranagar Division, RR District instructing to remove illegal stone crushing units (Annexure- G).
Subsequently, the RDO, Rajendranagar Division, Rangareddy District addressed a letter dated 23.03.2022 to the District Collector, Rangareddy District (Annexure-H) stating that the dismantle of stone crushing units requires huge amounts i.e., nearly 10 - 12 Lakhs per each Page 9 of 19 unit and the stone crushing units are located in Patta Lands & the provisions of Telangana Land Encroachment Act cannot be invoked for dismantling of the units located at Patta Lands.
The Board officials have inspected the above stone crushing units during the period from 23.03.2022 to 27.03.2022 and observed that the stone crushing units are not in operation The unit-wise status report with enclosures (closure orders, power disconnection orders to TSSPDCL, correspondence letters etc.,) of the Environmental Engineer, TSPCB, Regional Office, Rangareddy is enclosed as Annexure-I. The Abstract of the stone crushing units is as follows: -
The directions issued by the Hon'ble NGT in this regard will be followed by TSPCB."
"Unit wise Status Report of the Environmental Engineer, Telangana State Pollution Control Board, Regional Office, Sangareddy, in O.A. No. 06 of 2022
1. M/s. Arkid Infra, Sy. No. 192, 193, 194, 195, 196, 197 & 198, Kollur (V), Ramachandrapuram (M), Sangareddy District (Respondent No. 26):
2. M/s. Pulluri Mining & Logistics Pvt. Ltd., Unit-I, Sy. No. 196, 197 and 198, Kollur Village, Ramachandrapuram (M), Sangareddy District (Respondent No. 27):Page 10 of 19
3. M/s. Hitech Stone & Robos and Industry, Sy. No.193 &194, Kollur, Sangareddy District (Respondent No. 30):
a) The Board issued Closure Orders to the above stone crushers vide order dated 14.05.2019 for operating without having consent of the Board, not providing requisite air pollution control systems and causing pollution in the surrounding areas. (Annexure-I)
b) The Board also issued orders to the SE (Operations), TSSPDCL, Sangareddy District vide order dated 14.05.2019 directing to disconnect the power supply to above stone crushers. (Annexure-II)
c) Subsequently, the Board Officials inspected the industry and observed that the crushers were in operation.
d) Again a letter dt:19.07.2019 was also addressed by the Member Secretary, TSPCB to the Chairman and Managing Director, TSSPDCL, Corporate Office, Mint Compound, Near Secretariat, Hyderabad requesting to instruct the concerned officers of TSSPDCL to disconnect the power supply to the stone crushers. (Annexure-III).
e) The JCEE, TSPCB, Zonal Office-RC Puram vide Ir.dt.
10.12.2019 addressed a letter to the District Collector & Magistrate, Sangareddy District requesting to direct the Tahsildar, RC Puram to confiscate the stone crushers under secc.133 of Code of Criminal Procedure (Cr.P.C.) as the stone crusher is operating with DG sets inspite of closure orders issued by the Board (Annexure-IV). Subsequently, the District Collector, Sangareddy vide Lr. dt. 20.12.2019 requested the Tahsildar, RC Puram to take necessary action in the matter (Annexure-V).
f) A reminder letter dated: 13.02.2020 was also addressed to the Tahsildar, RC Puram by the office of the District Collector, Sangareddy with a direction to submit the action taken report (Annexure-VI).
g) Further, this office has also addressed a reminder letter on 19.02.2020 to the Superintending Engineer (Operations), TSSPDCL, Sangareddy, Sangareddy District requesting to disconnect the power supply as per the directions issued by the Board (Annexure-VII).
h) As per instructions from District Collector, Sangareddy, the team consisting of Tahsildar, Ramachandrapuram Mandal, Environmental Engineer, TSPCB, Sangareddy, AD (Mines), Sangareddy and officials of TSSPDCL inspected the industry on the night of 16.12.2020. During Page 11 of 19 inspection, it was observed that the above stone crushers were not in operation and M/s. Arkid Infra & M/s. Hitech Stone & Robos and Industry are under dismantling. The Tahsildar, Ramachandrapuram Mandal seized the power transmission equipments of the above stone crusher.
i) The Board Officials again inspected the stone crushers on 04.01.2021 and observed that the stone crushers were not in operation and M/s. Arkid Infra & M/s. Hitech Stone & Robos and Industry are completely dismantled.
j) During inspection on 11.01.2022, it was observed that the above three stone crushers are already dismantled and removed machinery from the premises.
k) During latest inspection on 08.03.2022 by the Joint Committee constituted by the Hon'ble NGT vide order dt.17.01.2022 in 0.A.No.06 of 2022, the above three stone crushers were observed already dismantled and removed.
4. M/s. Sri Sai Balaji Rock, Sy. No.193 &194, Kollur, Sangareddy District (Respondent No. 29):
a) Closure Order issued to the industry vide order dated 14.05.2019 for operating without having consent of the Board, not providing requisite air pollution control systems and causing pollution in the surrounding areas (Annexure-VIII).
b) The Board also issued orders to the SE (Operations), TSSPDCL, Sangareddy District vide order no. Gen-173/TSPCB/ZO/RCP/LH/2019-
468, dated 14.05.2019 directing to disconnect the power supply to above stone crusher (Annexure-IX).
c) Subsequently, the Board Officials inspected the industry and observed that the crusher was in operation.
d) Again a letter dt:19.07.2019 was also addressed by the Member Secretary, TSPCB to the Chairman and Managing Director, TSSPDCL, Corporate Office, Mint Compound, Near Secretariat, Hyderabad requesting to instruct the concerned officers of TSSPDCL to disconnect the power supply to the stone crusher (Annexure-III).
e) In the meanwhile, M/s. D.S.R Educational Society, Office at Plot No. 901, IInd Floor, DSR Tranquil, Ayyappa Society, Madhupur, Hyderabad has filed a writ Petition No. 20561 of 2019 against M/s. Gold Page 12 of 19 Dust Ventures LLP Stone Crusher, Kollur (V), Ramachandrapuram (M), Sangareddy District and Writ Petition No. 15471 of 2019 against M/s. Sri Sai Balaji Stone Crusher, before the Hon'ble High Court. The Hon'ble High Court vide order dated 18.10.2019, has passed an interim direction directing the TSPCB to ensure that the M/s. (g) Gold Dust Ventures LLP Stone Crusher & M/s. Sri Sai Balaji Stone Crusher do not carry on crushing operation in the premises (Annexure-X & XI).
f) The JCEE, TSPCB, Zonal Office-RC Puram vide Ir.dt.10.12.2019 addressed a letter to the District Collector & Magistrate, Sangareddy District requesting to direct the Tahsildar, RC Pram to confiscate the stone crushers under secc. 133 of Code of Criminal Procedure (CrPC) as the stone crusher is operating with DG sets inspite of closure orders issued by the Board (Annexure-IV). Subsequently, the District Collector, Sangareddy vide Ir.dt. 20.12.2019 requested the Tahsildar, RC Puram to take necessary action in the matter (Annexure-V).
g) A reminder letter dated: 13.02.2020 was also addressed to the Tahsildar, RC Puram by the office of the District Collector, Sangareddy with a direction to submit the action taken report (Annexure-VI).
h) Further, this office has also addressed a reminder letter on 19.02.2020 to the Superintending Engineer (Operations), TSSPDCL, Sangareddy, Sangareddy District requesting to disconnect the power supply as per the directions issued by the Board (Annexure-VII).
i) Accordingly, as per instructions from District Collector, Sangareddy, the team consisting of Tahsildar, Ramachandrapuram Mandal, Environmental Engineer, TSPCB, Sangareddy, AD (Mines), Sangareddy and officials of TSSPDCL inspected the industry on the night of 16.12.2020. During inspection, it was observed that the above stone was not in operation. The Tahsildar, Ramachandrapuram Mandal seized the power transmission equipments of the above stone crusher.
j) The Board Officials again inspected the stone crusher on 04.01.2021 and observed that the stone crusher is not in operation.
l) During inspection on 11.01.2022, it was observed that the above stone crusher is not in operation and idle. However, storage of metal and dust observed within the premises.
m) During latest inspection on 08.03.2022 by the Joint Committee Page 13 of 19 constituted by the Hon'ble NGT vide order dt.17.01.2022 in O.A.No.06 of 2022, the above stone crusher was observed not in operation and idle. However, legacy storage of metal and dust was observed within the premises.
5. M/s. Gold Dust Ventures LLP, Sy.No.192 to 198, Kollur (V), Ramachandrapuram (M), Sangareddy District (Respondent No. 28):
a) The Board vide order No:SRD/530/PCB/ZO/RCP/LH/2019-839, Dt:08.08.2019 issued directions to the industry to stop the erection activities immediately (if any) and the industry shall not start production activities till obtaining permissions from the Board.
b) In the meanwhile, M/s. D.S.R Educational Society, Office at Plot No. 901, IInd Floor, DSR Tranquil, Ayyappa Society, Madhupur, Hyderabad has filed a write Petition No. 20561 of 2019 against M/s. Gold Dust Ventures LLP Stone Crusher, Kollur (V), Ramachandrapuram (M), Sangareddy District and Writ Petition No. 15471 of 2019 against M/s. Sri Sai Balaji Stone Crusher, before the Hon'ble High Court. The Hon'ble High Court vide order dated 18.10.2019, has passed an interim direction directing the TSPCB to ensure that the M/s. Gold Dust Ventures LLP Stone Crusher & M/s. Sri Sai Balaji Stone Crusher do not carry on crushing operation in the premises (Annexure-X & XI).
c) The Board issued closure orders to the industry vide order no. SRD/530PCB/ZO/RCP/LH/2019-1212, dated 10.12.2019 for operating without having CFE & CFO of the Board and not taken any air pollution control measure causing air & water pollution problems (Annexure-XII).
d) The Board also issued orders to the SE (Operations), TSSPDCL, Sangareddy District vide order no. SRD/530PCB/ZO/RCP/LH/2019-1213, dated 10.12.2019 directing to disconnect the power supply to above stone crusher (Annexure XIII).
e) The Board vide Ir.dt.10.12.2019 addressed a letter to the District Collector & Magistrate, Sangareddy District requesting to direct the Tahsildar, RC Pram to confiscate the stone crushers under secc.133 of Code of Criminal Procedure (CrPC) as the stone crusher is operating with DG sets inspite of closure orders issued by the Board (Annexure-IV).
Subsequently, the District Collector, Sangareddy vide Ir.dt. 20.12.2019 requested the Tahsildar, RC Puram to take necessary action in the matter Page 14 of 19 (Annexure-V).
f) A reminder letter dated: 13.02.2020 was also addressed to the Tahsildar, RC Puram by the office of the District Collector, Sangareddy with a direction to submit the action taken report (Annexure-VI).
g) Further, this office has also addressed a reminder letter on 19.02.2020 to the Superintending Engineer (Operations), TSSPDCL, Sangareddy, Sangareddy District requesting to disconnect the power supply as per the directions issued by the Board (Annexure-VII).
h) However, complaints were still received stating that the crushers are being operated clandestinely. Accordingly, as per instructions from District Collector, Sangareddy, the team consisting of Tahsildar, Ramachandrapuram Mandal, Environmental Engineer, TSPCB, Sangareddy, AD (Mines), Sangareddy and officials of TSSPDCL inspected the industry on the night of 16.12.2020. During inspection, it was observed that the above stone crushers was not in operation. The Tahsildar, Ramachandrapuram Mandal seized the power transmission equipments of the above stone crusher.
i) The Board Officials again inspected the stone crusher on 04.01.2021 and observed that the stone crusher is not in operation.
j) During inspection on 11.01.2022, it was observed that the above stone crusher is not in operation and idle.
k) During latest inspection on 08.03.2022 by the Joint Committee constituted by the Hon'ble NGT vide order dt.17.01.2022 in O.A.No.06 of 2022, the above stone crusher is observed not in operation and idle.
6. M/s. Hanuma Enterprises, Sy. No. 12, Osman Nagar (V), Ramachandrapuram (M), Sangareddy District (Respondent No. 31):
a) M/s. Hanuma Enterprises is located at Sy. No. 12, Osman Nagar (V), Ramachandrapuram (M), Sangareddy District and engaged in stone crushing activity.
b) The Board received a letter from District Collector, Sangareddy enclosing a copy of the complaint/legal notice received from Sri. Narasima Rao K.S.A, Advocate, R/o Jubilee Hills, Hyderabad regarding illegal operation of the 6 crushers in Kollur and Osman Nagar Villages without obtaining CFE/CFO of the Board including M/s Hanuma Enterprises.
c) The Board officials inspected the crusher and surroundings on Page 15 of 19 01.07.2020 and observed that the crusher is operating without obtaining CFE/CFO of the Board, located within the 10 kms. radius of Osman Sagar and Himayat Sagar Lakes, crusher has not taken Air Pollution Control measures, etc..
d) The Board issued closure orders to the industry vide order no. SRD/TSPCB/ZO/RCP/LH/2020-724, dated 24.07.2020 for operating without having CFE & CFO of the Board and not taken any air pollution control measure causing air & water pollution problems (Annexure-XIV).
e) The Board also issued orders to the SE (Operations), TSSPDCL, Sangareddy District vide order dated 24.07.2020 directing to disconnect the power supply to above stone crusher (Annexure-XV).
f) Accordingly, as per instructions from District Collector, Sangareddy, the team consisting of Tahsildar, Ramachandrapuram Mandal, Environmental Engineer, TSPCB, Sangareddy, AD (Mines), Sangareddy and officials of TSSPDCL inspected the industry on the night of 16.12.2020. During inspection, it was observed that the above stone was not in operation. The Tahsildar, Ramachandrapuram Mandal seized the power transmission equipments of the above stone crusher.
g) The Board Officials again inspected the stone crusher on 04.01.2021 and observed that the stone crusher is not in operation.
h) During inspection on 11.01.2022, it was observed that the above stone crusher was already dismantled and removed machinery from the premises.
i) During latest inspection on 08.03.2022 by the Joint Committee constituted by the Hon'ble NGT vide order dt.17.01.2022 in 0.A.No.06 of 2022, the above stone crusher was observed already dismantled and removed the machinery.
It is kindly submitted that the Board has issued Closure orders to the above stone crushers for operating without having consents of the Board, not providing requisite air pollution control systems and causing pollution in the surrounding areas. The Board also issued orders to the Superintending Engineer (Operations), TSSPDCL, Sangareddy for disconnection of power supply to the above stone crushers. The District Collector, Sangareddy vide Irs. dt. 20.12.2019 & 13.02.2020 requested the Tahsildar, RC Puram to take necessary action against the stone crushers.
Page 16 of 19Accordingly, as per instructions from District Collector, Sangareddy, the team consisting of Tahsildar, Ramachandrapuram Mandal, Environmental Engineer, TSPCB, Sangareddy, AD (Mines), Sangareddy and officials of TSSPDCL inspected the above stone crushers on the night of 16.12.2020. During inspection, it was observed that the above stone was not in operation. The Tahsildar, Ramachandrapuram Mandal seized the power transmission equipments of the above stone crusher.
During inspections by the Board Officials and inspection on 08.03.2022 by Joint Committee constituted by the Hon'ble NGT vide order dt.17.01.2022 in O.A.No.06 of 2022, it was observed that two stone crushers viz., M/s. Gold Dust Ventures LLP (Respondent No. 28) and M/s. Sri Sai Balaji Rock (Respondent No. 29) were not in operation and idle. However, legacy storage of metal and dust was observed within the premises of M/s. Sri Sai Balaji Rock. The other four stone crushers viz., M/s. Arkid Infra (Respondent No. 26), M/s. Pulluri Mining & Logistics Pvt. Ltd., Unit-I (Respondent No. 27), M/s. Hitech Stone & Robos and Industry (Respondent No. 30) & M/s. Hanuma Enterprises (Respondent No. 31) were already dismantled and removed the machinery."
12. The Applicant is also directed to produce necessary requisite along with postal covers and postal stamps before this Tribunal within a week so as to enable this Tribunal to send notice to the respondents who have not entered appearance or whom notices have not been properly served through Tribunal to ensure service on them and proceed against them, if they did not appear in their absence in accordance with law.
13. As and when the necessary requisites are received, the office is directed to issue notice to the respondents (whose notice have been Page 17 of 19 returned without service). In addition, the applicant is also permitted to take out notice by himself and produce proof of service on those respondents along with the endorsement of service and filing proper proof affidavit as per Rules.
14. The official respondents are directed to file their independent statement regarding the allegations made in the application and also action (if any) taken for the violation (if any) found.
15. The District Collectors are also expected to file their independent reports regarding the allegations made in the application in respect of violation of the environmental laws and causing pollution and nuisance in that area.
16. The Committee as well as the official respondents who have not filed their independent response are directed to file the report and independent statement respectively on or before 29.04.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
Page 18 of 1917. The Registry is directed to communicate this order to the members of the Joint Committee and also to the official respondents by e-mail immediately for their information and compliance of directions.
18. For return of notice on Respondents No.15, 16, 19, 20, 23 to 25, 32 & 33, filing independent response and also for consideration of the report, post on 29.04.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.06/2022 (SZ) I.A. No.65/2022 (SZ) 31st March 2022. Mn.
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