National Green Tribunal
Abhilash vs State Of Telangana on 2 November, 2022
Item No.5 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.368/2022
Abhilash Applicant
Versus
State of Telangana Respondent
Date of hearing: 02.11.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondent: Mr. Dhananjay Baijal, Advocate for TSPCB.
Application is registered based on a complaint received by Post.
ORDER
1. Mr. Abhilash Chowdary resident of Garlavoddu Village, Enkoor Zone, Khammam, District Telangana has sent the present letter petition complaining that Sri Lakshmi Narsimha Stone Crusher is illegally operating in Garlavoddu Village, Enkoor Zone, Khammam, District Telangana and is thereby damaging endangered hills and forests and adversely affecting wild animals. Running of the said stone crusher day and night is causing air and noise pollution leading to serious health hazards to local tribals and damage to crops.
2. Vide order dated 24.05.2022, this Tribunal constituted a Joint Committee comprising of Principal Secretary, Ministry of Tribal Affairs, Principal Chief Conservator of Forests (HoFF) Government of Telangana, State PCB and Collector, Khammam and directed the same to submit its report within two months.
O. A. No. 368/2022 Abhilash Vs. State of Telangana -2-
3. Since the report was not submitted within permitted period, vide order dated 19.09.2022 the Joint Committee was directed to submit its report within one month and the TSPCB was directed to deposit costs of Rs. 5000/- with Telangana State Legal Services Authority.
4. In compliance thereof report of the Joint Committee has been submitted vide email dated 31.10.2022 and costs of Rs. 5000/- have also been deposited by the TSPCB Telangana State Legal Services Authority vide receipt dated 14.10.2022.
5. Mr. Dhananjay Baijal, Advocate has appeared on behalf of the TSPCB and also tender apology on behalf of the TSPCB for non-submission of the report within permitted time earlier.
6. We have gone through the report of the Joint Committee. The recommendations made in the report of the Joint Committee are reproduced as under:-
"Recommendations of the Committee:
1. The mine owner may be directed to stop the mining till they obtained Environmental Clearance (EC) from Ministry of Environment, Forest & Climate Change (MoEF & CC), Govt. of India.
2. The crusher shall not operate without valid Consent for operation (CFO)of the Telangana State Pollution Control Board (TSPCB)and shall take pollution control measure viz., Providing dust bunkers to store the stone dust.
providing wind breaking walls around the stone crusher to control fugitive emissions to the surrounding area.
Providing cladding with MS sheets to all the conveyor belts. Laying of metal roads within the industry premises. Providing of sprinklers within the industry & mine premises to control dust pollution.
The stone and mine owner shall develop thick greenbelt in the all the vacant areas of the crusher and mine.
O. A. No. 368/2022 Abhilash Vs. State of Telangana -3- The Joint committee recommends that DMFT committee take up development works under DMFT lands in the village, as it is a directly affected area due to mining.
7. In view of the averments made in the application and observations/recommendations made in the Joint Committee, we consider it appropriate to have response of (1) State of Telangana through Chief Secretary, Government of Telangana, (2) Principal Chief Conservator of Forests (HoFF), Government of Telangana, (3) Director, Mining and Geology, Government of Telangana, (4) TSPCB, (5) District Magistrate, Khammam, (6) the Project Proponent Stone Crusher- M/s Sri Lakshmi Narsimha Stone Crusher (Presently operating in the name of M/s. Sri Jai Santhoshi Narasimha Stone Crusher and (7) the Project Proponent Stone Quarry Mine M/s Manupati Jayasimha, who stand impleaded as respondents No. 1 to 7. The Registry is directed to prepare and attach memo of parties to the application and also to issue notices to respondents No. 1 to 3 and 5 to 7 requiring them to file their reply/response within two months at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
8. Reply on behalf of respondent no. 4- TSPCB be also filed as directed above.
9. List the matter for further consideration on 16.02.2023.
10. In view of recommendations made by the Joint Committee, we direct the Project Proponent- M/s Manupati Jayasimha not to carry on any further mining without obtaining environmental clearance from MoEF & CC and the Project Proponent- M/s Sri Lakshmi Narsimha Stone Crusher (Presently operating in the name of M/s. Sri Jai Santhoshi Narasimha Stone Crusher) not to operate the stone crusher without obtaining valid consent from the TSPCB.
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11. The District Magistrate and Superintendent of Police, Khammam are directed to take requisite steps for ensuring that no illegal mining on the mining site in question or illegal operation of the stone crusher in question takes place.
12. A copy of this order be sent to District Magistrate and Superintendent of Police, Khammam by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM November 02, 2022 AG