National Green Tribunal
Tribunal On Its Own Motion Under The ... vs The Chief Secretary To Government Of ... on 13 September, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.04:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 177 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion
Suo Motu based on the news item
Eenadu Telugu News Paper, Andhr _Krishna District,
AP. AP. Secretariat-OF
EN Se & : _. . 2 .
Guntur, ANSE Pradesh and others." (s)
GGOPAT, EXPERT Mi
For Applicant (s): Suo Motu by Court...
For Respondent(s): Mrs. Maduri Donti Reddy for R1 to R5 & R7.
ORDER
1. The above case has been posted to today for appearance of parties, filing their independent statement and also for consideration of the committee report.
2. Though notice was served on the 6" respondent, there was no representation for them. However, we feel that one more opportunity can be given to them to make their appearance and submit their statements.
3. We have received a report submitted by the District Collector, Krishna District, dated 11.09.2021 along with the joint committee report which were e-filed and received today (13.09.2021) which reads as follows:-
Prick > "Mot registered Amaravathi, Edition, dated. 15.07.2021, under the caption " "
v5) PO oarnaLw oss (Gravel Mining Mafia Eye Gravel in Mallavalli)".
It is alleged in the newspaper report that the gravel mining has its eyes on Mallavalli village of Bapulapadu Mandal in Krishna District, where the soil is being excavated. Prior to the allotment to Andhra Pradesh Industrial infrastructure Corporation Limited (APIIC), it was customary to excavate 2 Government land at Survey No.11 unauthorized excavations have been going on for the past few days in the patta lands bordering it recently. Local officials have become mute spectators as large quantities of gravel are being moved by invoking the names of senior officers in the District.
It is also alleged in that the gravel is being used to raise the level of lands belonging to industries in the neighbourhood. The Government assigned lands in Mallavalli and Remalle are being used sold for financial reasons, as water availability in these lands is scarce and difficult to raise crops. Some are carrying out excavations with permits, while others are digging gravel without taking any permits. The huge quantities of gravel have been removed from those areas. It is also mentioned in the report that they have not even provided safe distance from the roads which can enhance the possibility of sliding and thereby in causing accidents. It is also alleged that the gravel is being illegally mined and moved daily by tippers and tractors for private use.
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It is humbly submitted that, the Hon'ble National Green* Tribunal has directed to ascertain the genuineness of the . allegations made and also alleged violations through thes committee which has been appointed in O.A. No 176 of 2021 (SZ) and also directed to submit a comprehensive report, so that the Hon'ble National Green Tribunal can dispose of both the cases by a common order as the both cases relating to Krishna District of Andhra Pradesh.
the a The Hon'ble National Green Tribunal (NGT), Southern Zone, Chennai has further directed the committee to ascertain.
Whether there any illegal gravel mining is going on in that area in question, if so, what is the nature is so, what is the nature of action taken by the authorities against such violations.
Whether the gravel mining is being carried out in that area with necessary permissions and clearances if any required for that purpose by authorities against such violations.
Whether any excess mining has been done even when permission have been granted and if so, what is the quantity of excess mining done and assess the environmental compensation including the amount required for restoration, apart from imposing royalty and penalty as per the regulations.
As per the instructions of the Hon'ble National Green Tribunal, the following committee constituted with the following officers:
i. Revenue Divisignal Offi il. eogh tne Enginee :
given advance Pe APTIC 'te | yer the ral extent of = 1360. 0.0 C extent of AGE L4 D. 2 Cts ft :
i Mallavalli . Vil Bapulapadu * a ke A Mining is observed inte are The site has gen surroung dd eby | Beef Donk Road followed by, Ganal west by Bxisting FP *Qil Plantation, North by existe Ce Plax St : he gre emises of existing Fly As o-Coordinates of a PointID| N-Latitude | E-Longitude | A 16° 41' 34.07"N 80° 52° 39. 237 | B 16° 41' 34.85"N | 80° 52' 38.75"E C 16° 41' 34.07"N | 80° 52' 36.38"E D 16° 41' 33.87"N | 80° 52' 36.42"E
8. The Committee further stated that, the Revenue authorities of Bapulapadu Mandal informed that previously the following land owners and persons involved in excavation of gravel without permission. The Surveyor, O/o Assistant Director of Mines & Geology, Vijayawada has estimated the quantity excavated in the area as detailed below.
S.No | Name of | Sy.No | Extent | Classification | Excavated | Estimated Land Owner in Acs | of the land area in | Excavated /Excavated Acres Quantity in Person cums 1 Sri Chinnala | 12/1C| 7.78 Patta land 1.40 14617.76 2 | Gangaraju, 12/1B | 3.30 NSP canal 0.75 6,237.43 3 |S/oVenkata | 12/1A! 2.96 nd 0.73 7187.83 4 | Ramayya 11 . ind 0.36 3970.10 Sri Chinnala :
5 | Narasayya 12/2A | 4.75 0.17 1765.38 S/o Subbaiah Total 33,778.5 ale ehias reported, that, Geologically thes; a pl S i f Gravel of recent ge ogieal ages whichis ne ath ie of base» rock - of Khondalite® : se for egmations are HS dated (Soft) and Onsolidated formations
-Gharnockites & Garnetic Gneisses) and Meta sediments (Dolomites, Shales, Phyllites and Quartzites) of Archaean and Pre-Cambrian periods respectively. Semi-consolidated formations occur in the North-Eastern part of the District and its extension is limited to small area i.e., in parts of Musunuru, Nuzividu, Bapulapadu and Gannavaram Mandals.
It is humbly submitted that, the Superintending Engineer, Pulichintala Project Circle, Vissannapeta has reported that the Bapulapadu Major (NSP Canal) was excavated at about 35 Years ago and CM&CD works were also completed at that time. The said canal serves an ayacut of 23243 Acres Further under modernization of the canal network with the World Bank Aid, the Bapulapadu Major Canal (NSP) was also modernized with CC lining from Km 0.000 to 15.000. The Bapulapadu canal is passing through R.S.No.168 of Anantasagaram Village of Agiripalli Mandal and entering into Sy.No.12 of Mallavalli Village of Bapulapadu Mandal as per FMB and APSAC portal he mining was carried out adjacent to the Bapulapachi Mallavalli Village.
ponent Engines has stated { an ich as CFE, CRO"
The committee finally observed the following points Illegal Mining was conducted in Sy.No.11, 12/1C, 12/1B, 12/1A & 12/2A by the land owners/Illegal excavators.
The gravel Mining is conducted without Permission from the concerned authorities.
The total quantity of Gravel excavated in Sy.No.11 & 12 of Mallavalli Village is estimated to 33778.5 Cum. The Assistant Director of Mines & Geology, Vijayawada has issued show Cause Notice to illegal 6 excavators for excavation of 33778.5 Cum of Gravel in Sy.No. 11, 12/1C, 12/1B, 12/1A & 12/2A over an extent of Acs 3.41 Cts without permission from the concerned authorities. Necessary action will be initiated as per existing A.P.M.M.C rules 1966. The Environmental compensation will be also levied after obtaining required parameters from the concerned authorities.
In view of the above, it is humbly submitted that action will be initiated against the persons who involved in illegal excavation of 2/1A & 12/2A measuring an gravel in the Sy.No. 11, 12 extent of Acs 3.41 Cts as pe A Copy of the Committee r g with its enclosures, report of the Superintendiag Engineer.
e ae ngine a Project Vissannapeta qicle, vc * e Environme AP Pollu rol Board, serene Bas Tripen SSE News Item published in Eenadu Telugu Newspaper, Krishna District, Amravati Edition, dated 15-07-2021 under the Caption 'coed mae x arvatr océf (Mallavalli Gravel Pai Mafia Padaga).
It is alleged in the newspaper report that the gravel mining has its eyes on Mallavalli in Bapulapadu Mandal in Krishna District, where the soil is being excavated. Prior to the allotment to Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC), it was customary 7 to excavate government land at Survey no.11. Unauthorized excavations have been going on for the past few days in the patta and bordering it recently. Local officials have become mute spectators as large quantities of gravel are being moved by invoking the names of the senior officers in the District. The gravel is being used to raise the level of lands belonging it Industries in the neighborhood. The Govt assigned lands in Mallavalli and Remalle are being used sold for financial reasons, as water availability in these lands is scare ifficult to raise crops. Some are carrying out excavations with > others are digging gravel without taking any permits. Tht antity of gravel have been removed from those areas.
igh dispose.
Tnbunal alse oe MH IT. Whether the gravel m mining i 'is 5 being carried out in that area with necessary permissions and clearances if any required for that purpose by authorities against such violations.
TI. Whether any excess mining has been done even when permission have been granted and if so, what is the quantity of excess mining done and assess the environmental compensation including the amount required for restoration, apart from imposing royalty and penalty as per the regulations.
The Director of Mines and Geology, Ibrahimpatnam vide Lr.No 489498/D6/2021 dated 26-08-2021 has requested the Collector and District Magistrate, Krishna District, Superintending Engineer, Public works Department, Vijayawada and Superintending engineer, Irrigation Department Vijayawada to nominate the officers from the respective ittee with a direction to see departments as members in th that the inspection and compil t shall be completed within a week in accordance with the St. erating Procedure and send a report to the -- of Mines @ y, Vijayawada so as to submit Hon'ble at ah Wiaced : ee She shall spect. tiotfand s see q 1at.f ay to the So as to . a ek :
rider moa committee to submit its report on or re ordered by the Hon'ble National Green Tribunal(NGT)in® OA No' 1768 177 of 2021.Further, Smt. V.Nagini, Assistant Director of Mines and Geology, Vijayawada is also directed to arrange the 1° Meeting of the Joint Committee at the O/o Deputy Director of Mines and Geology, Vijayawada at the earliest to prepare Road map for completions of joint inspection report.
The Deputy Director of Mines and Geology, Vijayawada is hereby nominated as Nodal Officer for co-ordination and to provide necessary logistics to the committee for this purpose.
To comply the Hon'ble NGT Orders and instructions of the Director of Mines & Geology, Ibrahimpatnam for submission of factual report of the Joint Committee and 1° meeting is proposed on 01.09.2021 for preparation of Road map for completion of Joint inspection report.
The Collector and District.
Lr.No. Re.D4/1949/2021, Da tishna, Machilipatnam vide 1 constituted a committee with the following officers
1. Revenue Rigsional Offi &
2. Su tending. Engin 7100688858 RSS SS .
Sag Sd EN jeer in the joint Ad Fi e . spartne ent to perform also the lands adjacent to the APIIC lands on 03.09.2021. The Tahsildar, Bapulapadu has issued advance possession certificate to the APIIC and handed over the total extent of Acs 1360.06 Cts out of total extent of Acs 1460.06 Cts in Sy.No.11 and kept Acs 100.00 Cts as reserve for community Purpose/ Housite Site Holders. The Committee has observed that illegal excavation of Gravel in Sy.No.12 & 11 of Mallavalli Village, 10 Bapulapadu Mandal & at present no Mining is observed in the area. The site has been surrounded by East Donka Road followed by NSP Canal, West by existing Palm Oil Plantation, North by existing Coconut Plantation and South by the premises of existing Fly Ash Bricks Manufacturing Unit. The Geo-Coordinates of the excavated area is as follows.
Point ID | N - Latitude E - Longitude a 16° 41' 34.07"N | 80° 52' 39.23 b 16° 41 34.85"N | 80° 52' 38.75"
c 16° 41' 34.07"N | 80° 52' 36.38"! d 16° 41' 33.87"N | 80° 52' 36.42"
The Revenue authorities of Bapuk have reperted the details of land we owners and persons invotitin excavatio Pattaland NSP canal eee SSsu Essssncd Pattiland 7 oe hisotigs those who or report and Khondalite suite rock of Archean Age. The Gravel present in the area is Red in colour, fine grained in nature. Krishna District is underlain by a variety of geological formations comprising from the oldest Archeans to Recent Alluvium. Hydro Geologically, these formations are classified as Consolidated (Hard), Semi-consolidated (Soft) and Unconsolidated (Soft) formations. The consolidated formations include crystalline (khondalites, Charnockites & Garnetic Gneisses) and Meta sediments (Dolomites, Shales, Phyllites and 11 Quartzites) of Archaean and Pre-Cambrian periods respectively. Semi- consolidated formations occur in the North-Eastern part of the District and its extension is limited to small area i.e., in parts of Musunuru, Nuzividu, Bapulapadu and Gannavaram Mandals.
The Surveyor, O/o Assistant Director of Mines & Geology, Vijayawada has estimated the quantity excavated in the area of each individual by taking the average depth of the excavated area as detailed below.
Estimated Excavated Quantity in cums S.No | Name of Land Owner /Excavated Person 1 Sri Chinnala Gangaraju, 14617.76 Q 3 ' SE SS Ss S/o Venkata: ' 4 Sri Chin "Nar ag WVantity Excavated mtended to take ne@ssary action on ties . of Gravel ingSy no Mwe 12 ok in illegal x :
35 Years ago and CM&CD works--weré also-completed at that time. Further under modernization of the canal network with the World Bank Aid, the Bapulapadu Major Canal (NSP) was modernized with CC lining from Km 0.00 to 15.00. The Bapulapadu canal is passing through R.s.no.168 of Anantasagaram Village of Agiripalli Mandal and entering into Sy.No.12 of mallavalli Village of Bapulapadu Mandal as per FMB. As per the field verification, the mining was carried out adjacent to the Bapulapadu Major NSP canal in Sy.No.12 of Mallavalli Village.12
Environmental Engineer, Andhra Pradesh Pollution Control Board, Regional Office, Vijayawada have inspected the area on 04.09.2021 along with the revenue officials and reported that their office has not issued any permissions such as CFE, CFO of the board to this Gravel excavated area.
As per the Report of Revenue Officials and office records of Assistant Director of Mines & Geology, Vijayawada, No permits have been issued to above individuals for excavation of Gravel in this excavated area and informed that the Mine owner had carried o clearance from MOEF & CC, G rations without Environmental O from the Andhra Pradesh pollution control Board as requ section 25/26 of Water Act (Prevention and Control of Pollutio and under section 21 22 of Air (Prevention and Contral of Pollutie nd Amend; ents thereof.
ESS II. The ga eh nag | & aks HI. Nowe mals sere granted in the-excavated area. Basing Q SK SS od Lee <8 RSS 8 : MS 3 SQ we . SX we : . Sy:
the coysemed th gral quantity ORG rue" excavated in Spt and Chinnala.. VER against you for SHOUAENTOL bectintia a& o Ke ay & 12/2A over bt po ut permission from the concerned authorities Suis Shiah to an extent of Acs 3.41 Cts witb 0 within 7 days from the date of receipt of the' notice failing which necessary action will be initiated as per existing A.P.M.M.C rules 1966. The Environmental compensation will be levied on the respondent after obtaining required parameters from the concerned authorities.
Soon after receipt of the explanation received from the individuals necessary action will be initiated against the individuals who are involved in Illegal excavation of Gravel in Sy.No.11 & 12 of Mallavalli Village of Bapulapadu Mandal as per Rules in force.13
. It is seen from the District Collector, Krishna District, Andhra Pradesh as well as the Joint Committee report that certain illegal excavations were done and steps will have to be taken against them and certain directions have been issued by the District Collector, Krishna District and the Joint Committee to take appropriate action against those individuals, who were said to have involved in illegal excavation of Gravel in Survey No. 11 & 12 of Mallavalli Village of Bapulapadu Mandal in Krishna District and State of Andhra Pradesh as per rules.
. It is not known as to whether any proceedings have been initiated by the respective Departments.
. The District Collector, Krishna District and the Mining Department are directed to file their independent report regarding the action taken on the basis for the observations made by the committee in this regard.
hig SBA to this 'searchable YImage PDF along with necessary hardcopies to be prdducéd as-per'rules.
. The Registry is directed to communicate this order to the members of the committee, official respondents including the Chairman, Andhra Pradesh State Level Environment Impact Assessment Authority (APSEIAA) for their information and also taking steps to file their 14 independent statement and further report as directed.
9. For appearance of 6" respondent, completion of pleadings, and also for consideration of further report as directed, post on 09.11.2021.
Sd/--
beseceeaeessceceeeuseseeeeeeseeaens J.M. (Justice K. Ramakrishnan) Sd/--
sessusnsseeeeenennnseeeee E.M. : Yr. K. Satyagopal) O.A. No. 177/2 : "Ag 15