National Green Tribunal
Anupam Kumar Patel vs State Of Madhya Pradesh Through Its ... on 3 November, 2023
Item No. 4 & 5
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.27/2023(CZ)
Anupam Kumar Patel Applicant(s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
AND
Original Application No.61/2023(CZ)
(O.A.No.166/2023 - PB)
Anupam Kumar Patel Applicant(s)
Vs.
State of MP & Ors. Respondent(s)
Date of Hearing: 03.11.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER
For Applicant(s): Mr. Dharamvir Sharma, Adv.
For Respondent(s) : Mr. Yadvendra Yadav, Adv.
Mr. Kanishk Devesh, Adv.
Mr. Robin Singh, Adv.
Ms. Jyoti Tomar, Adv.
Mr. Amit Pandey, Adv.
Ms. Parul Bhadoria, Adv.
Mr. Mehul Bhardwaj, Adv.
ORDER
1. Original Application No. 61/2023 was taken by the Principal Bench of this Tribunal on the basis of a letter petition in which there was a allegation against the Astha Stone Crusher at village Bhaluha, Tehsil Raipur-Karchuliyan, District Rewa with the allegation of illegal mining causing heavy pollution and damaging the environment as also the health of local residents. Later on in other Original Application No. 27/2023 was filed against the same 1 stone crusher with the same allegations thus, both the cases are taken up together. The matter of first Original Application was taken up by this Tribunal and a committee was constituted to submit a factual and action taken report. The first committee has submitted the report with certain observation and that the project proponent M/s Astha Stone Mining has not taken consent from the State Pollution Control Board since 2009 to 2015 and thus environmental compensation is required to be imposed. It is further reported that the mining area is located within 200 meter of the religious temple and there are other certain violations. The Tribunal again took the matter and constituted a committee and directed to submit the report.
2. In compliance of the order dated 11.08.2023 the committee has submitted the report on 02.11.2023 with the following facts:
"In compliance of the directions issued by the above order dated 11th August, 2023, a committee comprising of following nominated members was constituted:
S. No. Name of Department Name of Committee Member 1 Representative of Regional Office, Dr. H.V.C. Chary Guntupalli, Scientist . MoEF&CC, Bhopal (MP) 'E'/Additional Director 2 Representative of Collector, Rewa, Sh. Shailendra Singh . (MP) Additional District Magistrate, Rewa, M.P. 3 Madhya Pradesh Pollution Control Dr.Pushpendra Singh, Regional . Board, Rewa, (MP) Officer 4 Madhya Pradesh Pollution Control Sh. AadeshShrivastav . Board, Bhopal. (MP) Superintendent Engineer 5 Central Pollution Control Board, Sh. Milind Kumar Nimje . Regional Directorate, Bhopal, (MP) Scientist 'C' Copies of the nominations received from different departments are enclosed. CPCB being the Nodal Agency in this matter, coordinated with all the concerned departments and after preliminary discussions, it was decided to schedule the site visit on 31.08.2023. Accordingly, a letter dated 25.08.2023 was issued to all the committee members and the applicant Shri Anupam Kumar Patelintimating the date of site visit.On the day of the visit, all Committee Members and other stakeholders were present and it is pertinent to mention that the complainant was also present during the said visit.2
Therefore, the details of officials and applicant/petitioner present during the site visit to Stone Crusher and adjoining mines on 31.08.2023 are as follows:
i. Dr. H.V.C. Chary, Scientist 'E' MoEF&CC, RO, Bhopal (MP) ii. Sh. Shailendra Singh, Additional District Magistrate, Rewa (M.P.) iii. Sh. Milind Kumar Nimje, Scientist-C, CPCB, Regional Directorate, Bhopal (M.P.) iv. Sh. AadeshShrivastava, Superintendent Engineer, MPPCB, Bhopal v. Dr. Pushpendra Singh, Regional Officer M.P. Pollution Control Board Rewa (M.P.) vi. Sh. P.S. Tripathi, Sub Divisional Magistrate, RapurKarchuryanDistt: Rewa vii. Sh. R. K. Dixit, Mining Officer, Rewa viii. Sh. RoolalUikey, Tahsildar, Raipur -KarchuryanDistt:
Rewa ix. Dr. Ashok Tiwari, Junior Scientist, MPPCB, Rewa x. Sh. Anupam Kumar Patel, Applicant/Petitioner xi. Sh. Santosh Sharma, M/s. Astha stone Crusher, Bhalua-
Ramanai The attendance sheet is attached.
This report is being filed by the aforementioned Joint Committee after conducting the field visit on 31st of August, 2023, looking into the issues raised by the Complainant and after due discussions with local stakeholders.
A. Background and Specific Issues in this matter:-
1. The applicant has mainly alleged that there is a stone crusher namely 'Astha Stone Crusher' operating illegally at village Bhalua, Tehsil Raipur Karchuliyan District Rewa, state of Madhya Pradesh, causing heavy pollution and damaging environment.3
2. The Complaint and subsequent judgements have highlighted the following concerns :
Complaint Issues
Raised
Complaint Letter Petition 1. Illegal operation of M/s Astha Stone dated20.10.2022 with Crusher at Village Bhaluha, Tehsil reference to M/s Astha Stone Raipur- Karchuliyan District-Rewa, Crusher, Village Bhaluha, M.P. located in agricultural land Tehsil Raipur-Karchuliyan within thickly populated area, District-Rewa, M.P. running for the last 11 years in violation of environmental norms causing pollution and serious health hazards to local residents and damage to natural environment.
2. The said crusher had obtained lease dated 08.10.2021 by Mining Department but prior to this illegal mining of Bhaluha pahadi was carried out on 5 acre flat land of pahadi converting it totally a mine. The pahadi is a religious significance, is now on the verge of extinction due to illegal mining activities.
B. Factual Observations:-
The details of all mines and crushers associated with M/s. Astha Stone crusher along with the regulatory approvals obtained by them are tabulated at Table -1 below:
S. Name & Address of Name of lease Area Status of Status of Product No. Crusher/Mine holder CTE/CTO EC ion &sanctioned Capacit Khasra No. y 1 M/s. Astha Shri Santosh 0.060 Proponent Not 10000 Construction& Sharma (Stone Hectare applied for Applicable MT/Year Minerals ( M/s Crusher) CTO vide Astha letter dated Stone Crusher), 10.08.2010 Khasra No.224/1 Khasra No. and initial CTO obtained rakwa,Village 224/1 from MPPCB Ramnai,Tehsil- vide letter Raipur Karchuliyan, 4 District-Rewa, M.P. dated 02.11.2010 and is valid for one year from the first day of the month of commenceme nt of production.
Application for CTO renewal made vide letter dated 11.11.2013. CTO renewal issued by MPPCB vide letter dated 03.04.2014 for the period 01.02.2012 to 31.01.2015 (under Air Act).
Application
for CTO
renewal made
vide letter
dated
27.09.2022.
CTO renewal
issued by
MPPCB vide
letter dated
11.11.2022
for the period
from
11.11.2022 to 31.01.2025 (under Air & W
Copies of all
CTOs are
attached as
Annexure- 4.
1 M/s Astha (a) Shri Santosh 5.0 Acre Application - 10000
Construction& Sharma for CTO MT/Year
Minerals (Mine), Khasra No. 310 submitted on manual
18.07.2008, mining
Initial CTO
obtained from
MPPCB vide
letter dated
14.08.2008
for the period
from
14.08.2008 to
31.01.2009
Application for
renewal of
consent
submitted on
11.11.2013 and
the consent to
operate granted
by MPPCB
vide letter
dated
5
03.04.2014 for
the period from
01.02.2012 to
31.01.2013
EC Issued
on
06.04.2023
(b) Khasra No. 1.0 Ha 06.04.202
224/1kha/1, (Principle NO 3 4241
224/1kha/3, sanction Copy Cum/Year
224/1kha/4, date attache
224/1kha/6, 08.10.2021 d as Annexu
224/1kha/7, &
224/1kha/11 Vali
d date
07.10.2031
M/s Astha Cons. & Minerals (Stone Crusher):
During the field visit of Joint Committee on 31stAugust 2023, it was observed that stone crusher was found closed. The said stone crusher was sealed on 04.07.2023 by the SDM, Raipur- Karchuliyan.
Following are the specific observations during visit:
a. M/s Astha Cons. & Minerals (Stone Crusher) had obtained the first Consent to Operate from Madhya Pradesh State Pollution Control Board vide letter dated
02.11.2010 and is valid for one year from the first day of the month of commencement of production. The Consent to Operate was subsequently renewed vide letter dated 03.04.2014 for the period 01.02.2012 to 31.01.2015 for three years. Again the consent to Operate was renewed vide letter dated 11.11.2022 for the period from 11.11.2022 to 31.01.2025.
b. It was noted that M/s Astha Stone Crusher is situated at village Ramnai not village Bhaluha Tehsil Raipur- Karchuliyan Distt. Rewa. As per order dated 09.07.2007,lease holder Shri Santosh Sharma has been directed to pay Rs. 4500/- as premium for the diverted land (i.e., the land on which the crusher was located) of 0.060 ha from agriculture to non-agriculture use. Copy of relevant document related with payment of premium for the diverted land on which crusher was located is attached.Crusher is away from 200 meter from abadi and 600 meter away from Maa Karmasan Devi Temple.Also, the said stone crusher was granted Letter of Intent (LOI) for 10 years for mining of 1.0 hectare area at Village Ramnai, Tehsil-Raipur Karchuliyan, District-Rewa, M.P. in the khasra number:224/1(kha)1, 224/1(kha)3, 224/1(kha)4, 6 224/1(kha)6, 224/1(kha)7 and 224/1(kha)11 respectively but bhupravesh was not issued by the Mining Department, Rewa to lease holder. LOI dated 08.10.2021 granted by Collector office (Department of mines) for the 1 ha stone mine is enclosed c. Based on the site inspection undertaken on 15.04.2023 and 09.05.2023,MPPCB vide letter dated 12.05.2023 issued closure direction to M/s Astha Construction & Minerals (Stone Crusher) for failure to comply with various pollution control measures and mining provisions, the details of which are mentioned below:
i. No water sprinkling arrangement during the operation of crusher ii. No permission for stocking of stone.
iii. Not obtaining consent for the mine M/s Astha Cons. & Minerals (Mines)- 5 acre lease area:
During the site visit of Joint Committee on 31stAugust 2023, it was observed that the 5 acre mine was non-operational. Following are the specific observations w.r.t. said 5 acre mine lease area:
a. The lease was allotted to Shri Santosh Sharma, at village Bhaluha, khasra no. 310 rakwa5.00 acre area by the Department of Mines, Rewa on19.12.2003 for a period of 05 years, i.e., 19.12.2008. The said lease was further renewed on 01.06.2010 for further 05 years(i.e., up to 31.05.2015) based on the request from Shri Santosh Sharma vide letter dated 09.01.2008 b. It was noted that the first Consent to Operate was obtained from Madhya Pradesh Pollution Control Board vide letter dated 14.08.2008 for the period from 14.08.2008 to 31.01.2009. The Consent was renewed vide letter dated 03.04.2014 for the period of three years, i..e, from 01.02.2012 to 31.01.2015 c. As per the records furnished by the Collector office (Mining Department, District Rewa), the said mine was operational during the period 10.01.2004 to 09.01.2009 and 24.07.2010 to 23.07.2015 d. Production details from the said mine lease area as furnished by the local mining department are tabulated below :7
S.No. Year Production in m3
1 2010 1000
2 2011 250
3 2012 1050
4 2013 1398
5 2014 500
6 2015 0
Total 4198
M/s Astha Cons. & Minerals (Mines)- 1 ha lease area:
During the site visit of Joint Committee on 31stAugust 2023, it was observed that the 1 ha mine was non-operational. Following are the specific observations w.r.t. said 1 ha mine lease area:
a. The mining lease was granted to Shri Santosh Sharma at village Ramnai, Tehsil-Raipur Karchuliyan, Distt-Rewa at Khasra no. 224/1(kha)1, 224/1(kha)3, 224/1(kha)4, 224/1(kha)6, 224/1(kha)7 and 224/1(kha)11rakwa area for 01.00 hectare.
b. After scrutiny of office records, a case of illegal mining was registered against Shri Santosh Sharma and a fine of Rs. 1.00 lac was imposed. Accordingly, an amount of Rs. 1.00 lakh was deposited by Shri Santosh Sharma through Challan dated 08.04.2019.
c. Based on the application dated 15.03.2021 of Shri Santosh Sharma, fresh lease was granted for khasra no.224/1(kha)1, 224/1(kha)3, 224/1(kha)4, 224/1(kha)6, 224/1(kha)7 and 224/1(kha)11 rakwa area 01.00 hectare by Mining Department, Distt. Rewa vide letter dated 16.05.2023, from 16.05.2023 for a period of 10 years.
d. Accordingly ,M/s Astha Cons. & Minerals (Mines) obtained a fresh EC from SEIAA vide letter dated06.04.2023 e. As per the office records available at MOEFCC, RO Bhopal, the project proponent has not submitted any 8 six-monthly compliance report. Moreover, the initial documentation like intimation to gram panchayat, advertisement in news papers regarding grant of environmental clearance in compliance of the conditions stipulated in the environment clearance dated 06.04.2023 are yet to be submitted.
f. Till date Bhu-pravesh has not been granted by district Administration. Hence, no mining was permissible for the project proponent in the said lease area even after the grant of EC.
g. Sapling plantation (approx. 40-50 nos.) was seen recently undertaken within the lease boundary and in the crusher area and the same needs to be further strengthened.
M/s Maa Narmada DhokaPatthar, Patiya, Murum Gitty, Utkhanan Karya Vikraya Sahkari Samiti, Ramnai, Distt Rewa The lease area with Khasra No. 310/1 (1 ha) was allotted to M/s Maa Narmada Dhoka Patthar, Patiya, Murum Gitty, Utkhanan Karya Vikraya Sahkari Samiti, Ramnai, Distt Rewa at village Bhalua, Tehsil Raipur Karchuliyan, District Rewa, for the period of 27.03.2023 to 26.03.2033.
M/s Maa Narmada Dhoka Patthar, Patiya, Murum Gitty, Utkhanan Karya Vikraya Sahkari Samiti, Ramnai, Distt-Rewa at village Bhaluha, Tehsil Raipur Karchuliyan, District Rewa, obtained EC from SEIAA on 10.01.2023.
The firm obtained the Consent to establish order from Madhya Pradesh State Pollution Control Board on 28.02.2003 As the office records available at MOEFCC, RO Bhopal, the project proponent has not submitted any six-monthly compliance report. Moreover, the initial documentation like intimation to gram panchayat, advertisement in news papers regarding grant of environmental clearance in 9 compliance of the conditions stipulated in the environment clearance dated 10.01.2023 are yet to be submitted.
Till date Bhu pravesh has not been granted by district Administration. Hence, no mining was permissible by the project proponent in the said lease area even after the grant of EC.
No greenbelt was seen in the mine lease area B.5 Other illegal mining related activities in the surrounding area: During the site visit, the officials of the Mines, Distt. Rewa has informed that the local people are also digging the copra material (in small amounts) from the mines for their local construction use and the same observation was made by the joint committee as well. Besides, the above said mining activities, the joint committee also observed huge mine pits around the hillock and on top of the hillock and it was informed by the mining department that the material mined out was used for construction of highway. However, no regulatory permissions / documentation provided by the local mining authorities in support of the material mined out.
C. Action taken by various departments:
As per the records of MPPCB and District Mining Office, Rewa, following actions have been taken by various departments:
a. MPPCB vide letter dated 12.05.2023 issued Closure direction to M/s Astha Construction & Minerals (Stone Crusher) for non-compliance with pollution control measures.
b. The details of sanctioned / operational mine leases allocated in the village Ramnai and village Bhaluha along with details of action taken against illegal mining, transportation and storage of mineral in the area were provided by the Department of Mines, Distt. Rewa in the letter dated 07.07.2023 addressed to MPPCB.
c. Action against various mine lease holders in the area:-10
i. Department of Mines, Rewa, M.P. had issued a Show Cause notice vide letter no. 1693 dated 26.05.2023 to Shri Santosh Sharma at village Ramnai Tehsil Raipur Karchuliyan Distt. Rewa at khasra No. 224/1 (kha)/1, 224/1 (kha)/3, 224/1 (kha)/4, 224/1 (kha)/6, 224/1 (kha)/7, 224/1(kha)/11for violation of various general conditions..However, the leaseholder not responded against this Show Cause notice issued by Department of Mines, Rewa, M.P. Accordingly, Department of Mines, Rewa, M.P. issued a lease cancellation order on 09.08.2023.
ii. The lease area withKhasra No. 310/1 (1 ha) was allotted to M/s Maa Narmada DhokaPatthar, Patiya, Murum Gitty, Utkhanan Karya Vikraya Sahkari Samiti, Ramnai, Distt Rewaat village Bhalua, Tehsil Raipur Karchuliyan, District Rewa, for the period of 27.03.2023 to 26.03.2033 M/s Maa Narmada DhokaPatthar, Patiya, Murum Gitty, Utkhanan Karya Vikraya Sahkari Samiti, Ramnai, Distt-Rewa at village Bhaluha, Tehsil Raipur-
Karchuliyan, District Rewa, obtained EC from SEIAA on 10.01.2023. The firm obtained the Consent to establish order from Madhya Pradesh State Pollution Control Board on 28.02.2003. As the said leaseholder has not complied with various general terms and condition of lease, the Department of Mines, Rewa, M.P. had issued a Show Cause notice vide letter no. 2016 dated 14.06.2023 for violation of general terms &condition to M/s. Maa Narmada Dhoka Patthar. However, the lease holder not responded against the said Show Cause notice. Accordingly, Department of Mines, Rewa, M.P. issued a lease cancellation order on 09.08.2023 11 a. For the conservation and rejuvenation of hills located at village Ramnai & village Bhaluha, Tehsil- Raipur, Karchuliyan, Distt.-Rewa, M.P.the Department of Mines, District Rewa, M.P., vide letter no. 2914 dated 25.08.2023 had issued the following direction as given below:.
Conservation and rejuvenation of hills located at village Ramnai & village Bhaluha, Tehsil- Raipur, Karchuliyan, Distt.-Rewa, M.P. To ensure demarcation of private land for encroachment-free land.
Obstruction of the kaccha rasta to prevent unnecessary movement in the hill area.
Plantations of local species for the development of adequate green belts.
D Assessment of Environmental Compensation:-
The penalty for non-compliance of the consent conditions and illegal activities by the M/s. Astha Stone crusher and its associated mines in the area is calculated as per the details mentioned below:
The Environmental compensation is based on the EC policy framed by the CPCB in compliance of order 31.08.2018 in O.A. 593/2017.
The joint committee based on its understanding has amount to be imposed as penalty on non- compliance of the consent conditions/ show cause notices.
The particulars defined under penalty formula are below for the area under concern i.e. stone crushers, Raipur- Karchuliyan Distt: Rewa EC = Pi x N x R x S x Lf Pollution Index for crushers:
80@ (Red Category) N= Number of Days Non-compliance period: The first day when consent was invalid to the last updated status on compliance 12 R (Rupees) :Rs. 250 S (Scale of Operation): Factor for scale of operation: 0.5 Varied based on the consented capacity@ (@ Scale of operation of stone crusher was taken as defined in CPCB) comprehensive Industry Document Series COINDS/78/2007-08 on Stone Crusher (Feb 2009) Small scale : 3-25 TPH (factor for scale of operation is : 0.5) Medium Scale : 25-100 TPH (factor for scale of operation is : 1.0) Large scale : 100 TPH (factor for scale of operation is : 1.5) The daily hours of operation of a stone crusher were taken = 10 hrs LF (Location Factor): 1.0 (based on the population of the city/town as per the census of India falls under less than 1 Million population) Nearby city Rewa population is 2.37 lakhs (2011 census) Total Days of operation in a year were taken = 225 days@ 19 days per month (Note : The days of non-compliance were calculated based on maximum 225 operational days in a year).
A. The Environmental Compensation days calculation of noncompliance of M/s. Astha Stone Crusher.
S. Name of the stone 1st Day Last day of Total Number of Remark No. crusher violation Reported days of non-
observed Status compliance
1. M/s Astha Cons. & 01.02.2015 01.02.2022 1575 ---- Annexure-
Minerals (Stone 02.02.2022 02.11.2022 171 EC-I
Crusher),
03.11.2022 10.11.2022 08
at Village Ramnai,
Tehsil-Raipur
Karchuliyan, 15.04.2023 15.06.2023 38 ---- Annexure -
District-Rewa,
16.06.2023 04.07.2023 09 EC-II
M.P
Proprietor Sh. 1801 Days Operating
Santosh Kumar Stone Crusher
Sharma, Without CTO
of MPPCB,
Rewa
The unit had seized by SDM , Raipur Karchuliyan on 04.07.2023 Note: - 1. The date of CTO expired was consider as a first day violation observed. The last day of violation action taken by Sub Divisional Magistrate, Raipur Karchuliyan was considered.
13A-1. The calculated Environmental Compensation is as tabulated below:
The Environmental Compensation liable to be paid by M/s Astha Cons. & Minerals (Stone Crusher) is calculated as under :-
S. Name of the stone Environmental Compensation factors Total EC in Rs.
No. crusher PI N R S LF
1. M/s Astha Cons. & 80 1801 250 0.5 1.0 1,80,10000/-
Minerals (Stone
Crusher), at Village
Ramnai, Tehsil-
Raipur-Karchuliyan,
District-Rewa, M.P
Proprietor Sh. Santosh
Kumar Sharma,
B. The Environmental Compensation days calculation of non- compliance of M/s Astha Cons. & Minerals (Mines- 5.0 acres) Name of the stone Mines 1st Day Last day of Total Remark violation Reported Number of observed Status days of non-
compliance M/s Astha Cons. & 01.02.2009 31.01.2012 1065 Annexu Minerals (Mines), 5.0 re -
acres 01.02.2015 23.07.2015 203 A5 at Village Ramnai, Tehsil-
Raipur Karchuliyan, District-
Rewa, M.P
Operati
Proprietor Sh. Santosh ----------------- ng
Kumar Sharma, 1268 Days Mines
Without
CTO of M
Rewa
(Note : The days of non-compliance of mine were calculated based on maximum 365 operational days in a year) Note: - 1. The date of CTO expired was consider as a first day violation observed. The last day of violation action taken by Sub Divisional Magistrate, Raipur Karchuliyan was considered.
The calculated Environmental Compensation is as tabulated below:
The Environmental Compensation liable to be paid by M/s Astha Constructions. & Minerals (Mines) 5.0 acres, is calculated as under :-14
Name of the stone Mines Environmental Compensation factors Total EC in PI N R S LF Rs.
M/s. Astha Construction & Mineral 80 1268 250 1.0 1.0 2,53,60000/- evam Mines ( 5.0 acres) Proprietor of Sh. Santosh Kumar Sharma, Gram & Post: Bhalua- Ramnai Tehsil: Raipur Karchliyan Distt:
Rewa (Medium Scale : 25-100 TPH (factor for scale of operation is : 1.0) A. The Environmental Compensation days calculation of non-compliance ofM/s Astha Cons. & Minerals (Mines- 1.0 ha) is furnished below:
B.
Name of the stone Mines 1st Day Last day Total Number of Remark
violation of days of non-
observed Reported compliance
Status
M/s Astha Cons. & 24.07.2015 04.07.202 2903
Minerals (Mines), 1.0 3
ha. Mines operating
at Village Ramnai, Tehsil- without CTO of
Raipur- Karchuliyan, District- ----------------- MPPCB,
Rewa, M.P 2903 Days Rewa
Proprietor Sh. Santosh
Sharma,
(Note : The days of non-compliance of mine were calculated based on maximum 365 operational days in a year) The unit had seized by SDM , Raipur- Karchuliyan on 04.07.2023 Note: - 1. The date of CTO expired was consider as a first day violation observed. The last day of violation action taken by Sub Divisional Magistrate, Raipur Karchuliyan was considered. C-1. The calculated Environmental Compensation is as tabulated below:
The Environmental Compensation liable to be paid by M/s Astha Constructions. & Minerals (Mines) 1.0 ha. is calculated as under :-
S. Name of the stone Mines Environmental Compensation factors Total EC in
No. PI N R S LF Rs.
1. M/s Astha Cons. & Minerals 80 2903 250 1.0 1.0 5,80,60,000/-
(Mines), 1.0 ha.
at Village Ramnai, Tehsil-
Raipur- Karchuliyan,
District-Rewa, M.P
Proprietor Sh. Santosh
Sharma,
(Medium Scale : 25-100 TPH (factor for scale of operation is : 1.0) D Recommendation:
1. Based on the calculations made at Bullet point A-1,B-15
1 & C-1, it is proposed to impose an Environmental Compensation amount for non-complying with the regulatory norms as tabulated below:
S. No. Name of the Stone Total EC in Rs.
Crusher/Mines 1 M/s Astha Cons. & Minerals 1,80,10000/-
(Stone Crusher) 2 M/s Astha Cons. & Minerals 2,53,60000/- d. (Mines)-5.0Acre (2.0 hectare) 3 M/s Astha Cons. & Minerals 5,80,60,000/-
e. (Mines)-1.0 hectare Further, it was noted that the mining lease area of 5 acres under the purview of Shri Santosh Sharma was valid upto 31.05.2015.Further, fresh lease was granted for khasra no.224/1(kha)1, 224/1(kha)3, 224/1(kha)4, 224/1(kha)6, 224/1(kha)7 and 224/1(kha)11 rakwa area 01.00 hectare by Mining Department, Distt. Rewa vide letter dated 16.05.2023, from 16.05.2023 for a period of 10 years. However, no bhu pravesh was accorded to Shri Santosh Sharma. Thus, there is no operational mine under the direct ownership of Shri Santosh Sharma for the period between 01.06.2015 and 04.07.2023 (i.e., till the date of sealing of stone crusher).
Therefore, there is ample scope for Shri Santosh Sharma to illegally mine the adjoining 1 ha lease area during the said period. However, Environment clearance for the 1 ha lease was obtained on 16.04.2023 despite the illegal mining noted by the SEAC in the 627th meeting on 03.03.2023. In view of the observations noted above, it appears that the instant case of 1 ha mine operation actually falls under the violation category of new projects where operations have commenced without EC. Therefore, the EC granted by SEIAA vide letter dated 16.04.2023 needs to be revoked and the case may be considered under violation category as per MoEF&CC's OM dated 7th July, 2021 for imposing penalty and calculation of damage assessment as per the penal provisions reproduced below:
"1% of the total project cost incurred upto the date of filing of the application along with the EIA/EMP report +0.25% of the total turnover during the period of violation"16
This penalty shall be in addition to the liability for carrying out various remedial measures, which shall be worked out based on the damage assessment for quantifying the environmental damage caused due to unauthorized project activity as per the appraisal process mentioned as Step 3 of the OM dated 7th July, 2021. In compliance of the said OM, the quantification of the liablility as per damage assessment needs to be recommended by the Expert Appraisal Committee and finalized by the regulatory authority concerned i.e., M.P. SEIAA Based on the recommendations of the MPSEIAA/SEAC, a bank guarantee (based on the outcome of damage assessment) needs to be submitted by the project proponent to MPPCB in accordance with the SOP of MoEF&CC for violation cases dated 21.07.2021.
3. The District Administration is required to prevent mining within 200 meters of the religious place.
4. An adequate green belt was not found the area, District mining authority has to initiate the development of adequate plantation from District mineral Fund with provision of drip irrigation.
5. The Department of Mines should be vigilant for illegal mining in the near future. The department should complete the demarcation of all the lease boundaries with pillars to prevent the expansion of mining leases and the consequent illegal mining.
6. The Ramnai-Bhalua hill/pahadi may be protected through the plantation. No further mining lease may be allotted in any kind of within 100 mt. of surrounding the hill area and encroachment should be removed by the district administration. Further, if any mining lease is allotted in the hill area it should be cancelled by the Department of Mines.
7. Department of mines should measure the mining lease excavation area and identify the material excavated and verify the permission as per mining lease quantity of material.
8. The committee also recommends that the district administration in co-ordination with the local mining department shall undertake a volumetric analysis of 1 ha area to arrive at the volume of the material illegally mined out by the project proponent and accordingly, implement the directions of the Hon'ble Supreme Court order dated 02.08.2017 in WP (Civil) No. 114 of 2014 wherein the judgment dated 02.08.2017 has passed a detailed order interpreting Section 21 (5) of MMRD Act and directing payment of 100% penalty for illegal mining operations with reference to the relevant statutes as mentioned in MoEF&CC's OM dated 04.07.2018.
3. Learned Counsel appearing for the CPCB has submitted that the quantum of compensation has been recommended by the committee in para 1 of the recommendation and it is for the State Pollution Control Board to initiate the process for recovery of environment compensation.
17State Pollution Control Board is directed to proceed in accordance with law and after providing an opportunity of hearing to the Project Proponent and after issuing notice to the Project Proponent and submit the report before the next date of hearing.
4. Learned Counsel for the CPCB is further directed that the assessment which was left as narrated in para 2 of the recommendation in the bold line to again go through and submit the report. Learned counsel for the Project Proponent has sought a short time to go through the report. Since we have already directed the State Pollution Control Board to provide an opportunity of hearing to the Project Proponent, thus, the Project Proponent may file objection, if any after receiving the notice from the State Pollution Control Board and State Pollution Control Board may proceed in accordance with law after providing an opportunity of hearing and to submit the report within 30 days.
List it on 11th January, 2024.
Sheo Kumar Singh, JM Dr. A Senthil Vel, EM 3rd November, 2023 O.A. No. 27/2023(CZ) & 61/2023 (CZ) K 18