National Green Tribunal
Jitul Deka S/O Shri Karuna Deka, General ... vs Union Of India Through Secretary Govt. ... on 27 May, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No.48/2019/EZ
(I.A. No.107/2022/EZ & I.A. No.132/2022/EZ)
IN THE MATTER OF:
Mr. Jitul Deka
General Secretary, Asomiya Yuva Mancha
S/o Shri Karuna Deka,
C/o A.T. Communication,
Kunja Commercial Market Complex,
Maligaon, Guwahati
....Applicant(s)
Versus
1. Union of India
Through Secretary, Government of India
Ministry of Environment, Forests and Climate Change,
Indira Paryavaran Bhawan, Jor Bagh Road,
New Delhi-110003
2. The State of Meghalaya
Through the Chief Secretary,
Meghalaya State Secretariat,
Secretariat Hills, Shillong,
Meghalaya-793001
3. Department of Mining and Geology
Government of Meghalaya,
Through its Secretary,
Additional Secretariat Building,
Shillong-1, Meghalaya
4. Meghalaya State Pollution Control Board
Through Member Secretary,
"ARDEN", Lumpyngngad,
Shillong-793014, Meghalaya
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5. The Deputy Commissioner,
O/o Deputy Commissioner,
Nongpoh, Ri Bhoi Distirct,
Meghalaya-793102
6. Superintendent of Police
Police Head Quarters,
Secretariat Hills,
Shillong-793001
7. Divisional Mining Officer,
Department of Mining and Geology,
Additional Secretariat Building,
Shillong-1, Meghalaya
8. Principal Chief Conservator of Forests & HoFF
Forest and Environment Department,
Government of Meghalaya,
Shilloing-793001
....Respondent(s)
COUNSEL FOR APPLICANT:
Mr. Sanjay Upadhyay, Advocate
COUNSEL FOR RESPONDENTS:
Mr. Debasish Ghosh, Advocate for R-1,
Mr. Shaurya Sahay, Advocate for R-2, 3, 5, 6, 7 & 8,
Mr. Aditya Shankar Pandey, Advocate for R-4
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JIDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On:- 12th May, 2022 Pronounce On:- 27th May, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes 2
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the learned Counsel for the Applicant as well as the learned Counsel for the Respondents and perused the documents on record.
2. The Applicant alleges in this application of rampant illegal mining of gravel and stone in the Ri-Bhoi District of Meghalaya. It is stated that the State of Meghalaya while issuing Notification dated 12.09.2016 notifying the Meghalaya Minor Mineral Concession Rules, 2016 has excluded gravel and stones from within the meaning of 'Minor Minerals' provided in Schedule III to the said Notification. This, as per the Applicant, is in violation of the order of the Hon'ble Supreme Court in Deepak Kumar v. State of Haryana & Ors. as also the Mines and Minerals (Development Regulation) Act, 1957 which has been held to be applicable to the State of Meghalaya even by the Hon'ble Supreme Court in its judgement dated 03.07.2019 in the matter of State of Meghalaya v. All India Dimasa Students Union, Dima Hasao District Committee and Ors.2 Besides this it has also been alleged that no District Survey Report (DSR) has been prepared in respect of the mines as required under the EIA Notification, 2006 as amended on 15.01.2016. According to the Applicant, this also runs contrary to the decision of the Tribunal in the matter of Satendra Pandey vs. Union of India & Ors.
3. It is the case of the Applicant that the entire area where the illegal mining is continuing falls under deemed forest which would 3 require Forest Clearance under the Forest Conservation Act, 1980. He has placed before us a Google imagery of the concerned areas to illustrate the adverse transformation in the area due to the mining activities from 2003 to 2018.
4. Apart from this, it is also stated that the area where the illegal mining is going on falls within the prohibited distance from the Amchang Wildlife Sanctuary which would entail obtaining clearance from the National Board for Wildlife.
5. At the admission stage, the Tribunal constituted a Committee comprising of the following members: -
(i) The Deputy Commissioner, Nongpoh, Ri-Bhoi District;
(ii) The Divisional Mining Officer, Department of Mining and Geology, Government of Meghalaya;
(iii) The Divisional Forest Officer, Nongpoh, Ri-Bhoi District and
(iv) The State Pollution Control Board
The Tribunal directed inspection to be carried out in the area in question to verify the factual aspects prevailing at the site and to submit a report. The State Pollution Control Board was designated as the Nodal agency for coordination.
It was also directed in the event that the allegations in the original application were found to be correct, appropriate action would be instituted against the violators in accordance with law for ensuring that no illegal mining of gravel and stone continues further.
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6. Subsequently by order dated 30.08.2019, the Tribunal added Senior Scientist/Engineer from the Regional Officer of the MoEF&CC (North Eastern Region) as a member of the Committee in addition to those already mentioned. Thus, the format of the Committee was as follows: -
(i) The Deputy Commissioner, Nongpoh, Ri-Bhoi District;
(ii) The Divisional Mining Officer, Department of Mining and Geology, Government of Meghalaya;
(iii) The Divisional Forest Officer, Nongpoh, Ri-Bhoi District and
(iv) The State Pollution Control Board
(v) Senior Scientist/Engineer from the Regional Officer of the
MoEF&CC (North Eastern Regional).
7. A Report of the Committee, dated Nil, was filed in the Tribunal.
The Tribunal held the Report to be of no relevance to the issues under consideration since the Report mentioned carrying capacity of roads. The Tribunal observed that illegal mining was still going on and Environmental Compensation had also not been computed and therefore, it was directed that in the meanwhile there shall be no illegal mining in the area for which the authorities shall take necessary action. The State Respondents were directed to file their affidavits.
8. The Department of Forest and Environment, Government of Meghalaya, in its affidavit dated 18.11.2022 stated that 5
(a) mining plan approved by the authorized agency of the State Government shall include study to show that annual replenishment of sand in mining lease area is sufficient to sustain the mining operations at the levels prescribed in the Mining Plan.
(b) In case of transportation by road, the transport vehicles will be covered with tarpaulin to minimize dust and sand particle emissions.
(c) Environmental Clearance will be valid for mine lease period subject to a ceiling of five years.
(d) Mining activity shall be done manually, the depth of mining shall be restricted to 3 meter/water level whichever is less.
(f) no mining shall be carried out in the safety zone.
(g) no in stream mining shall be allowed.
9. So far as the State of Meghalaya is concerned, the Government of Meghalaya, Mining and Geology Department has notified the Meghalaya Minor Minerals Concession Rules, 2016, notified on 12.09.2016.
10. The Ministry of Environment, Forests and Climate Change filed its affidavit dated 22.09.2020 referring to the MoEF&CC Notification dated 15.01.2016 wherein it is provided that Category 'A' Projects shall be handled by the MoEF&CC and Category 'B1' and 'B2' Projects shall be handled by the State Environment Impacts Assessment Authorities (SEIAAs)/District Environment Impact Assessment Authorities (DEIAAs). In this affidavit, it is stated that prior to receiving the complaint letter from the 6 Applicant, during the course of approving Forest Clearance Project in Kamrup District of Assam on 29.01.2019 by the Conservator of Forests (Central) from MoEF&CC, Regional Office, Shillong, photographs were taken and a Report was furnished dated 06.03.2019 showing that several stone quarries were being operated in the R-Bhoi District of Meghalaya close to the Assam Border and it is not known as to whether these stone quarries are operating under Forest Clearances and Environmental Clearances since there was no staff from the Forest Department of the Government of Meghalaya to confirm the same. In the Report, it was observed that the land from where stones were being extracted could be categorized as deemed Forest.
11. Accordingly, letters were issued on 12.03.2019, addressed to the Forest Department enclosing copy of the Report and observations on the rampant mining in Ri-Bhoi District of Meghalaya with a request to the State Government to provide the factual report on the status of statutory clearances granted by the Competent Authority in favour of the stone quarry operators.
12. A reply dated 08.05.2019 was received stating that 22 Stone Mining Projects have been granted in Ri-Bhoi District under the Meghalaya Minor Minerals Concession Rules, 2016 after due compliance and necessary clearances from the various Departments namely: -
a) Mining Plan duly approved by the Director of Mineral Resources.
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b) Forest Clearance under the Forest Clearance Act, 1980, in case the status of land is forest.
c) Environmental Clearance under Environment (Protection) Act, 1986.
d) Consent to Establish under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981.
e) Clearance from Revenue and Disaster Management Department and
f) Clearance from Labour Department for occupational health and labour laws including child labour.
13. The Applicant in his brief note dated 26.10.2020 has stated that:
(A) Mining is being carried out in violation of the EIA Notification, 2006 and Amendments made therein without a District Survey Report (DSR);
(B) No cluster approach has been followed even in the new DSR;
(C) There is no replenishment study; (D) Wrong coordinates and no area is mentioned in the EC of
the Mining Leases making such mining activity absolutely illegal and in some cases the coordinates also indicate mines in the neighboring countries of Bhutan and Bangladesh; (E) Judgment of the NGT in Original Application No.186/2016, Satendra Pandey vs. Union of India & Ors. were not being followed;
8 (F) There is inconsistency between Mines and Mineral (Regulation and Development) Act, 1957 and Meghalaya Minor Mineral Concession Rules, 2016;
(G) There is rampant illegal mining and stone crushing. It is stated that 31 stone quarries were seized and 70 illegal stone crushers were closed along with suspension of 13 mining leases. However, it is stated that the suspended mines are still in operation in the Jirang area. It is also stated that in the Umtyrnga and Chibra Villages in Ri-Bhoi District there are 14 stone crushers and 1 stone mine is operating illegally in complete defiance of the Rules and Judgment of the National Green Tribunal. It is further stated that in Rani Jirang area an inspection was carried out on 18.08.2020 and 6 stone quarries and 7 stone crushers were found to be operating illegally.
(H) It is stated that no Environmental Compensation has been recovered from the illegal miners as they are stated to be Tribal Businessmen.
(I) Kk (J) It is stated that illegal mining is being carried on in deemed Forest in violation of the Forest (Conservation) Act, 1980. It is also stated that the forest cover of Ri-Bhoi District is 87,145 Ha but no forest map has been prepared which may classify forest into various categories under the Meghalaya Forest Act.
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14. The State Respondents in their comments, (page no. 1379 of the paper book) has stated that 70 illegal crushers and 21 illegal mines have been closed by the District Task Force constituted by the State Government, even prior to the initiation of the present original application. It is also stated that 12 illegal mines have been seized and closed by the Committee. It is further stated that prior to 25.07.2018 DSR was not mandatory for non-river bed mining and it became effective only after the Hon'ble Jharkhand High Court order dated 11.06.2018 which led to amendment of the MoEF&CC Notification dated 25.07.2018 and thereafter, all ECs granted after 25.07.2018 were cancelled by the State Government on 05.03.2019. It is stated that 22 ECs were granted prior to 13.09.2018. It is also stated that District Survey Report for minor minerals other than sand mining or river bed mining became mandatory only in the EIA Notification dated 25.07.2018 and therefore, there was no requirement of the District Survey Report other than sand mining or river bed mining till 25.07.2018. It is further state that Environmental Clearance for sand mining in the Ri-Bhoi District in Meghalaya was granted prior to 25.07.2018 and not thereafter. All ECs granted after 25.07.2018 were cancelled by the State Government on 05.03.2019 before institution of the present original application.
15. It is also stated that in respect to the cluster approach that one mine has been cancelled by the Divisional Forest Officer due to violation of cluster norms and the concerned Departments of the 10 Government are now taking all measures for ensuring strict compliance with regard to cluster.
16. So far as illegal action against illegal stone mining is concerned, it is stated that in respect of 22 illegal stone quarries in the Ri-Bhoi District offence reports have been drawn by the Divisional Forest Officer, Khasi Hills Territorial Division. Furthermore, a Single Window Approval has been allowed on 17.12.2018 to make Single Window Approval, Consent to Establish (CTE), Consent to Operate (CTO), Environmental Clearance, NOC from Forest Department mandatory for stone crushers and stone quarry/quarries.
17. It is stated that 10 stone quarries in Ri-Bhoi District have been seized and closed down by the Committee. Further 70 illegal stone crusher Units have been seized and closed down by the Committee in Barapathar, 9th Mile Baridua, Rani-Jirang, Maikhuli and Killing Villages. It is further stated that on 02.03.2020, the District Level Task Force seized and closed down 14 stone crushers and one stone quarry at Umtyrnga and Chibra villages, and one stone quarry and 2 stone crushers at Killing. No illegal stone crushers/quarry activities were found in Umtyrnga and Rani-Jirang areas during the inspection carried out on 11.08.2020 by the District Level Task Force. Inspections were also carried out on 18- 19.08.2020 in Rani-Jirang and Barapathar villages and 08- 09.09.2020 in Rani-Jirang and Umtyrnga areas, 5 stone crushers were dismantled in Rani-Jirang and 8 stone crushers were 11 dismantled in Umtyrnga and Chibra areas which were found to be operating illegally.
18. It is also stated that 8 Joint Patrolling Teams comprising of representatives of the District Administration, Police, Forests and Environment Department and Meghalaya State Pollution Control Board has been constituted to conduct day and night patrolling to detect illegalities and take action. Drones have also been deployed to detect illegal stone mining and stone crushers.
19. It is also stated that directions have been issued to the Meghalaya State Pollution Control Board to levy Environmental Compensation on illegal stone crushers and illegal stone quarries in Ri-Bhoi District. Documents have been filed from page nos.1391 to 1427 in support of the contention made in the affidavit of the Respondents.
20. A status report dated 25.06.2021 has also been filed by Respondent No.2, State of Meghalaya, stating therein 118 units were found to be illegally operating to whom statutory notices for recovery of Environmental Compensation have been issued. Apart from 118 units another 15 units have been identified as operating illegally and identification of these units is still under process. It is stated that the total number of illegal mining operators is 133 against whom Rs.1,53,27,44,063/- (Rupees One Hundred and fifty- three crores twenty-seven lakhs forty-four thousand and sixty-three only) has been imposed. It is further stated that 25 of the 79 identified illegal units have submitted their explanations contesting 12 the levy of compensation on various grounds; 54 units have not submitted any response and therefore reminders have been issued to these 54 units. Out of 25 responses received, Environmental Compensation imposed against M/s Uranus Stone Products & Co. has been revoked by the Board on the basis of the submission made by it. Notices issued to the illegal minors/stone crushers have been filed as Annexure to the affidavit.
21. Learned Counsel for the Applicant had raised the issue regarding muck disposal and vide our order dated 02.08.2021, the Tribunal observed that the Committee in its report had not mentioned about the environmental degradation caused to the water bodies in Guwahati city as a result of muck disposal from stone crushing quarries. Accordingly, the Tribunal had directed the Committee to look into the issue of muck disposal from the stone quarries of Meghalaya into the Guwahati City and its surroundings.
22. An affidavit dated 22.10.2021 was filed by the Meghalaya State Pollution Control Board bringing on record the Status Report of the Committee with regard to muck disposal. The relevant portion of the Inspection Report is enumerated below: -
"2. Inspection: The Committee Members (i) Dr. Z. Changsan, Regional Director, Central Pollution Control Board, Regional Office, Shillong (ii) Professor M. Jawed, IIT Guwahati, Department of Civil Engineering (iii) Dr. B. Nongbri, Senior Scientist, Meghalaya State Pollution Control Board accompanied by Shri W. R. Kharkrang, Senior Environmental Engineer, MSPCB visited the sites on 9th October, 2021 close to the Assam-Meghalaya border for looking into the issue of muck 13 disposal from the stone quarries of Meghalaya into the Guwahati city and its surroundings during 10.30 am till 1.45 pm. Map showing the inspection site is shown in Fig.1. The details of the sites visited:
1) The first location visited was Deepor Bil Lake, Kamrup District, Assam near the Bhangra Temple which lies between latitude N26006.7709' and longitude E91039.5956' (marked as "1" in red circle on Figure 1). It is a permeant freshwater lake. The water body at the location was observed to be clear as could be seen from Phot 1A & 1B.
Observations:
• Aquatic vegetation like Giant Water Lily, Water Hyacinth, Aquatic grasses, marchy lands, emergent and floating vegetation was found in the lake - more towards the periphery of the lake.
• Villagers living on the periphery of the Bil Lake use the Bil Lake for fishing, as well as waterway for transporting the villagers of the southern boundary to the NH 37, and to collect fodder for domestic cattle. However, the Committee could not find any fishing and transportation activities in the lake during their stay at the site.
• Existence of broad-gauge railway line on the periphery of the Bil Lake.
• The water quality in Deepor Bil Lake is completely uniform/homogeneous and the water appeared as in natural conditions and no mud/siltation or unnatural sludge formation in the lake was observed from the site of observation.
• Sine the periphery of the lake was full of aquatic vegetal growth, and hence it was not possible to take a walk along the periphery to observe disposal of any muck or dumping of such materials close to periphery of the lake or inside the lake.
14 • Also, it was not feasible to identify any water streams/rivulets flowing in the lake as the periphery of the lake was not walkable and it was full of vegetal growth. Even a boat ride along the periphery may not yield much information due to high vegetal growth.
2) The team then visited Moina Khurung, East Range Division, Kamrup District, where they inspected a small and narrow stream that served as one of the feeding streams of the Dipor Bil Lake. The location lies between latitude N26006.2676' and longitude E91042.4112' as marked "2" in red circle on Figure 1.
The depth of water in the stream was around 5 to 12 cm with slow flow. The bottom of the stream bed was clearly visible from the culvert as shown in Photo 2A.
Observations:
• Stream appeared to carry clean water. The bamboo hut just on the side of the stream (seen in Photo 2A) draw water from the stream using a motor.
• Upon enquiry with local shop-keepers near the culvert, it was informed that this stream originates 12-14 km upstream from the culvert within the boundary of Assam. However, the Committee did not cross-check this information.
• The water in the stream was transparent which indicating no loose soil (red or brown colored soil), or so called muck has found its way through the stream to Deepor Bil Lake.
3) The team then visited Garokhuli, Kamrup District, where there is a stream that serves as another feeding streams of the Deepor Bil Lake. Location lies between latitude N26006.6836' and longitude E91043.4676' as marked "3" in red circle on Figure 1. The water depth in the stream appears to be around 7-15 cm and pretty clean and unpolluted as seen in Photo 3A.
However, during rainy season, the water level rises up to the 15 level of road is reported. Few ducks were wading in the stream as seen in Photo 3B. The water current was slow.
Observations:
• The water flowing through this stream possibly another tributary of the Deepor Bil lake was clear and appeared natural, though there is a slight siltation possibly occurred naturally due to Geological sources and weathering under conditions of monsoon and steep slopes.
• As the stream water was clear which clearly rules out the possibility of presence of muck being carried out by the stream water.
• As per the observation, occasional manual collection of sand in low volumes from the stream appeared to have taken place in recent past.
• Also, it was informed by local people that there is no sand mining, sand and stone quarry present along the stream. However, the Committee did not cross-check this aspect during their site visit.
• However, the Committee could not obtain information regarding the origin of this stream and length it traverses before reaching to this location.
4) Lastly, the team inspected the Maikhuli Stone quarry located at Khanapara, Meghalaya, where only legal units are in operation (Photo 4A & 4B). Location lies between latitude N26006.2069' and longitude E91048.8686' marked as "4" in red circle in Figure 1.
Observations:
• Stone quarrying operation was in progress. Larger stones pieces were being broken into smaller ones using hammer with manual operation.
16 • No sign of any muck or dumping of such muck anywhere in the area or in the vicinity of the area was observed. • A nearby small water stream appeared to carry reddish colored soil along with its flow as seen in Photo 4B. This is possibly coming from top soils due to stone quarry operation as could be seen in Photo 4A and finding its way to the water stream. • However, the Committee could not get any information from where this stream originates and where it finally discharges."
23. It is clear from the observations of the Committee that they have not observed any ingress and dumping of muck around the Deepor Bil and its two tributaries.
24. Another affidavit dated 07.01.2022 has been filed by Respondent No.2, State of Meghalaya. It is stated that in 24 cases where replies have been received from the violators, Environmental Compensation in 90 cases has been confirmed by the Meghalaya State Pollution Control Board. In 04 cases, on consideration of the replies received, notices were revoked. In 01 case factual dispute has been raised as to the involvement of the noticee and the same is still pending enquiry and levy has not been confirmed. Thus, in 19 cases where replies were received, the Meghalaya State Pollution Control Board has confirmed levy of Environmental Compensation. The following chart will clarify the position: -
Number of Identified Violators 118 Number of Unidentified Violators 15 Total Violators 133 Number of Violators where no 94 response was received, and 17 Compensation stands confirmed Number of violators where replies 19 were received, however, levy of compensation stands confirmed Number of violators where replies 5 were received leading to revocation of the compensation Total violators 118
25. It is further stated that the Deputy Commissioner, Ri-Bhoi District has received the order passed by the Meghalaya State Pollution Control Board in all 132 cases on 23.12.2021 and a task force has been constituted for visiting the site for initiation of recovery proceedings including inventorisation and seizure etc. The District Task Force also visited the area of Rani-Jirang in Ri-Bhoi District where most of the violations were noted on 04.01.2022.
26. It is stated that out of 113 Illegal Stone Crushing & Mining Units, Preliminary Offence Report (POR) against 40 illegal units have been drawn and filed under the Mines & Mineral (Development & Regulation) Act, 1957; the details are given in paragraph 22 of the affidavit dated 07.01.2022.
27. It is stated that in 02 cases, show cause notices have been challenged before the Hon'ble High Court of Meghalaya and in 01 case the W.P. (C) No.196/2021 filed by one Hemonme Tangliang, has been dismissed as withdrawn whereas the second Writ Petition being W.P.(C) No.276/2021 is still pending. It is also stated that similar W.P.(C) No.338/2021 and W.P.(C) No.405/2021 has been 18 preferred before the Hon'ble High Court on the same issue. It is further stated that these two writ petitions filed by one Dayanidhi Ventures have been dismissed by the Hon'ble High Court of Meghalaya by judgment and order dated 16.12.2021.
28. We also find that subsequently on 23.12.2021, the Government of Meghalaya, Forest and Environment Department has issued the Meghalaya Stone Crusher Order, 2021 providing for the general requirements and norms of siting of stone crushers, pollution control measures, legal source of boulders, filing of monthly returns, other terms and conditions for running of crushers industries, supervisory powers of the Meghalaya State Pollution Control Board and suspension, revocation of Consent.
29. A further Status Report on affidavit dated 21.03.2022 has been filed by the Respondent No.2, State of Meghalaya, stating therein that Environmental Compensation amounting to Rs.26,85,000/- (Rupees Twenty-six lakhs eighty-five thousand only) has been deposited by one of the M/s Arimu Lyngdoh of Killing village, R-Bhoi District and therefore, recovery proceedings against the said defaulter has been dropped. It is also stated that in respect of 67 violators action for recovery of compensation has been initiated and moveable properties, including vehicles, equipment etc. have been put to auction and the remaining amount shall be recovered through auction of immoveable properties.
30. The Respondent No.4, Meghalaya State Pollution Control Board has also filed a Status Report on affidavit dated 21.03.2022 19 stating that out of the earlier unidentified units, 14 units have been identified and notices have been issued to them for imposition of Environmental Compensation. Only one unit remains unidentified. I.A. No.109/2022/EZ & I.A. No.110/2022/EZ: -
1. This application has been filed by Greenland Lakhmie seeking intervention in the present original application. The I.A. has been allowed, in this application, it is stated that the Applicant has been granted mining lease of stone and boulders over an area of 2.361 acres at Iew Muroh Rim near Village Puran Sukubaria, Ri-Bhoi District, Meghalaya and was operating the same with a valid Consent to Establish (CTE) and Consent to Operate (CTO), Environmental Clearance, NOC certificate from the Forest Department, Labour Clearance, approved mining plan, Non-Forest Certificate from the Forest Department. It is stated that notwithstanding the same the Meghalaya State Pollution Control Board first directed closure of the mine under the assumption that the Applicant is operating without Consent to Establish and Consent to Operate and thereafter, imposed Environmental Compensation of an amount of Rs.5,52,00,000/- (Rupees Five crores fifty-two lakhs only).
2. We are of the view that whether the Applicant of this interlocutory application namely Greenland Lakhmie has valid Consent to Establish, Consent to Operate or Environmental Clearance is a matter which needs to be taken up by the Applicant with the Meghalaya State Pollution Control Board 20 and whether the Applicant is carrying on stone quarrying operations legally or illegally is a matter to be explained by the Applicant to the Meghalaya State Pollution Control Board.
3. I.A. No.110/2022/EZ has been filed by the Applicant with the prayer for a direction to the Meghalaya State Pollution Control Board to re-consider the imposition of Environmental Compensation of Rs.5,52,00,000/- (Rupees Five crores fifty-
two lakhs only).
4. We, therefore, permit Greenland Lakhmie to apply before the Meghalaya State Pollution Control Board within 15 days in respect of her grievances and if such an application is filed the Meghalaya State Pollution Control Board shall examine her claim and pass appropriate orders in accordance with law within one month after giving her an opportunity of hearing. I.A. No.132/2022/EZ: -
1. This application has been filed by the Applicant with the prayer that the Environmental Clearances granted in favour of 17 mining lessees mentioned in para 8 of the application be set aside and a direction be issued to the Respondents not to process/grant Environmental Clearances to mining leases within 500 meters of existing mining leases without following the cluster norms as given in Appendix XI of the EIA Notification, 2006. A further direction has been sought to the Respondent No.4, Meghalaya State Pollution Control Board to cancel or in the alternative not to review or re-grant consents 21 to operate in favour of stone crushers which do not comply with the terms and conditions of the Meghalaya Stone Crusher Order, 2021 and Environmental Compensation be recovered from all persons illegally operating the mines without Environmental Clearance and in violation of EIA Notification, 2006 as well as the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974. Paragraph 8 of this IA is reproduced herein below: -
"8. In the present matter, the Respondents have concealed from this Hon'ble Tribunal that the following 17 mining leases are within 500 meters of each other and thus could not have been granted ECs without following cluster approach and mandatory adherence to public consultations and Cluster EIA-EMP reports: Cluster No. Name of Mining leases Annexure in I.A. No.107/2022
1. • Paniram Narleng Google Map • Ramesh Nongrum Appended as • Biru Narleng Annexure-A/10 • David Kharjharin
2. • Phaisar Shylla Google Map • Uranus Stone Appended as • Horatious Bareh Annexure-A/11 • KL-1 • KL-2
3. • Jamda Sangma Google Map • Ngaitlang Dhar Appended as • Samuel Jharin Annexure-A/12
4. • Wesley Doloi-1 Google Map • Greenland Lakhmie Appended as • Wesley Doloi Annexure-A/13 22
5. • Balantine Doloi Google Map • Wesley Doloi Appended as Annexure-A/14
2. It is stated that so far as the five persons operating mining leases mentioned hereinabove, we are of the view that this is a matter to be examined by the Meghalaya State Pollution Control Board and no direction for cancellation of Environmental Clearance can be given by the Tribunal at this stage unless notice is issued to the aggrieved party and opportunity of being heard is given informing the party of alleged violations of the conditions in the Environmental Clearance. These matters are therefore left to the concerned respondents to duly take up within 15 days, the respondent concerned shall examine the matter and if any of these persons are found to be violating the conditions of the Environmental Clearance granted to them, action in accordance with law will be taken within further two months.
3. So far as the other directions sought in this interlocutory application are concerned, needless to say that the respondents shall strictly follow the clusters norms given in the Appendix XI of the EIA Notification, 2006 and in case any stone crusher is operating in violation of the terms and conditions of the Meghalaya Stone Crusher Order, 2021, action to cancel the Consent to Operate against such violator will be taken within two months and Environmental Compensation determined and recovered from the violators. 23
4. Needless to say, the Meghalaya State Pollution Control Board shall ensure that no Consent to Operate is granted to any stone crusher unit i.e. acting in violation of the Meghalaya Stone Crusher Order, 2021 and EIA Notification, 2006.
5. With the above observations, I.A. No.132/2022/EZ is disposed of.
31. On a conspectus of facts and various affidavits filed by the State Respondents as well as Meghalaya State Pollution Control Board, nothing further remains in this case for adjudication. However, this Original Application is disposed of with a direction to the respondents to ensure recovery of Environmental Compensation from the violators noted in the affidavits following due process of law within a time frame of three months and when the recovery is made the same shall be deposited with the Meghalaya State Pollution Control Board within three months.
32. The amount so deposited shall be utilized by the Meghalaya Pollution Control Board in consultation with the District Administration for restoration of the area damaged on account of illegal mining.
33. We also direct that the Deputy Commissioner of the area concerned shall ensure no further illegal mining/stone crushing activities is allowed in the area and if such activities are going on he shall take appropriate measures to stop such illegalities in accordance with law.
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34. The Meghalaya State Pollution Control Board in consultation with the State Government shall also conduct a carrying capacity study of the area to assess feasibility of the number of legal mines to operate in an environment sustainable manner.
35. The Meghalaya State Pollution Control Board will submit a compliance report to this Tribunal on the basis of directions given in paragraph 31 & 34 within a period of four months i.e. by 30.09.2022.
36. With the aforesaid directions, the Original Application No.48/2019/EZ is accordingly disposed of.
37. There shall be no order as to costs.
........................................ B. AMIT STHALEKAR, JM ........................................ SAIBAL DASGUPTA, EM Kolkata May 27, 2022 Original Application No.48/2019/EZ I.A. No.107/2022/EZ & I.A. No.132/2022/EZ MN 25