Bombay High Court
Bombay Environmental Action Group And ... vs State Of Maharashtra And 6 Ors on 9 July, 2025
2025:BHC-OS:10559-DB
Neeta Sawant 211-PIL-17-2006.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 17 OF 2006
WITH
CHAMBER SUMMONS NO. 183 OF 2005
WITH
NOTICE OF MOTION NO. 340 OF 2017
Bombay Environmental Action
Group and anr. ....Petitioners
: Versus :
State of Maharashtra and Ors. ....Respondents
None for the Petitioners.
Mr. Himanshu B. Takke, AGP for State, Respondent No. 1 & 4
Ms. Jaya Bagwe, for MCZMA, Respondent No. 2
Mr. Chetan Kapadia, Senior Advocate with Ms. Vidisha Rohira i/b Mr.
Nikhil Ranadive, for Respondent No. 8.
Mr. Madhusudan Gawade, for Respondent No. 10.
_____________________________________________________________
CORAM : ALOK ARADHE, CJ. &
SANDEEP V. MARNE, J.
DATED : 9 JULY 2025.
P.C. :
1) None for the Petitioner. In this petition, the issue with regard to illegal quarrying activities and destruction of natural hills in Mumbai Suburban and Thane District arises for consideration.
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2) The Division Bench of this Court while taking note of various previous orders passed in this PIL, by an order dated 10 August 2016 directed constitution of the Committee. The relevant extract of the order reads as under :-
6.We are of the view that it will be appropriate if such a Committee is constituted for assisting the Court. The Report of the Committee will facilitate the proper disposal of the Petition in accordance with law.
Accordingly, we pass the following interim directions:
(i) We direct the State Government to pass a formal order and to constitute a Committee consisting of following Members:
(1) Prof. Hrishikesh Samant, Geology Department, St. Xavier's College:
(2) Prof.T.N.Singh, Earth Science Department, IIT Bombay, (3) Dr.M.A.Chakrabarti, Professor, VJTI; (4) A representative of the first Petitioner (Bombay Environment Action Group), as may be nominated by the said Petitioner (5) Shri Kumar Khaire, Additional Collector, Mumbai Suburban District, who shall be a Member Secretary of the Committee for the purposes of sites in the Mumbai Suburban District;
(6) Shri Pravin Shinde, Additional Collector, District Thane, who shall be a Member Secretary of the Committee for the purposes of sites in Thane District.;
(ii) The Committee shall examine the following aspects in relation to the sites included in the lists supplied by the Petitioner and submit a Report to this Court:
(a) Whether all requisite permissions have been obtained before the commencement of activities including environmental Clearances, NBWL permissions, etc.;
(b) Whether the work and activities carried out are in conformity with the permissions issued by the statutory authorities;
(c) Whether there are adequate measures in place to ensure that the Rules and conditions prescribed in the permissions are implemented;
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(d) Whether trees have been planted and the flora protected as stipulated;
(e) Whether mining plans were prepared and approved;
(iii) The Committee shall make recommendations for the remediation and restoration of the sites where activities of quarrying and/or excavation have been carried out in violation of the permissions, Rules and Regulations;
(iv) It will be open for the Committee to invite the Chief Engineer, Development Plan or any other officers of the Mumbai Municipal Corporation, Shri Patil, a Scientist working in the Department of Environment of the State Government and the officers of the Maharashtra Pollution Control Board to attend the meeting;
(v) In case the Committee requires information from any Department of the State Government, the Mumbai Municipal Corporation, any Planning Authority and the Maharashtra Pollution Control Board, on a written requisition being made by the Member Secretaries of the Committee, necessary information/documents shall be immediately furnished to the Committee;
(vi) The Member Secretaries shall convene regular meetings of the Committee after consulting with three expert Members of the Committee. The necessary arrangements shall be made by the Member Secretaries for arranging site visits of the three experts to various sites;
(vii) For the time being, we direct the State Government to pay honorarium of Rs.2,500/- for every day of site visits as well as for attending the meetings convened by the Member Secretaries. The remuneration will be payable only to the three technical Members of the Committee. As stated earlier, for the time being, the honorarium shall be paid by the State Government. After considering the Report, which may be submitted by the Committee, appropriate orders on this aspect shall be passed by this Court;
(viii) If any Department or any Public Authority does not co-operate with the Committee, we permit the Committee to submit a Report through its Member Secretary to this Court for seeking necessary directions from this Court;
(ix) The Petitioners shall produce an authenticated copy of this order in the office of the Principal Secretary of the Revenue Department of the State Government. The State Government shall pass a formal order constituting a Committee in terms of this order within a period of three weeks from the date on which an authenticated copy of this order is produced by the Petitioners in the office of the Principal Secretary of the Revenue Department. The Petitioners shall communicate this order to the three experts, who are appointed as technical Members of the Committee. A copy of the formal order/Government Resolution issued by the State Government shall ______________________________________________________________________________ Page No.3 of 14 Wednesday, 9 July 2025 ::: Uploaded on - 10/07/2025 ::: Downloaded on - 02/08/2025 00:30:00 ::: Neeta Sawant 211-PIL-17-2006.docx also be provided by the Petitioners to the said three technical Members.
(x) The Committee shall submit its first Report to this Court on or before 21 October 2016;
(xi) The list of the sites with all the particulars shall be also. supplied by the Petitioners to the Principal Secretary of the Revenue Department of the State Government. If necessary, while constituting the Committee, the description of the sites shall be incorporated in the order/Government Resolution to be issued by the State Government;
(xii) The copies of the lists shall also be tendered on record by the Petitioners;
3) In pursuance of aforestated interim order, the Committee constituted in pursuance of the order passed by the Division Bench of this Court, has visited various sites in Thane District and has submitted reports in two parts. The two reports are extracted as under :-
REPORT 1 :PIL 17/2006
Bombay Environmental Action Group Vs Govt. Of Maharashtra and Others _______________________________________________________________ Dated 22/10/2016 Thane District Site Visit Report 1 _______________________________________________________________ Following Members are present for Thane District Site Visit:-
1. Mr. Pravin Shinde, Addl. Collector Thane District. - Member Secretary
2. Prof. T.N. Singh, I.I.T Mumbai. - Expert Member
3. Prof. Dr. Mrs. M.A. Chakrabarti, VJIT, Mumbai. - Expert Member
4. Mr. Debi Goenka, - BEAG
5. Mr. Manoj N. Meshram, District Mining Officer, Thane
6. Mr. Bhadane, Taluka magistrate Thane
7. Mr. S.R.Sayd, Sub Regional Officer, M.P.C.B, 1 Thane ______________________________________________________________________________ Page No.4 of 14 Wednesday, 9 July 2025 ::: Uploaded on - 10/07/2025 ::: Downloaded on - 02/08/2025 00:30:00 ::: Neeta Sawant 211-PIL-17-2006.docx
8. Mr. V.V. Kiledar, Sub Regional Officer, M.P.C.B, 2 Thane
9. All concern Circle Officers M.P.C.B Department.
10.All concern Circle Officers and Talathi Revenue Department.
11.Ku. Noorafsha Khatri, BEAG representative
12.Prof. H Sawant, expert member could attend meeting due to some urgent commitment at institute level.
Sr. Name of the Site observation Remarks No. Site Location of the site No. 10 - Nagla Bunder Opposite Gaimukh 1 Cosmos 1. Stone Quarry Operation 1. Committee Stone is closed since 2010. No Members felt that Quarry Quarrying Activity is the abandoned found in this area. quarry site was
2. Fresh rock falls and old unsafe and could dumps found in closed be converted into Quarry. a water body by
3. No tree plantation was sealing the outlets.
observed except few Tree plantation be
old trees carried out along
approximately ten in the periphery.
numbers. Committee Slope should be
Members were protected for the
informed by the safety to avoid any
representative of the rockfall.
Quarry that the rock
falls were caused by
blasting in the adjacent
quarry, but not
conferred by other
sources.
2 Thakur 1. Stone Quarry Operation 1. No Quarry Activity Stone is closed since 2015, at is seen in this area. Quarry present site visit. it is 2. It is suggested to reported that the use this water R.M.C plant in body for social operation at the site activity and tree uses to purchase rock should be planted materials from other around water places. pond and quarry
2. The RMC plant owner area.
showed produced
royalty receipts,
stock/sell register and
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3. Water pond 500 ft. X 500 ft. with fresh water was observed in already quarried area.
3 Shreeji 1. Raw materials of the 1. Committee advises R.M.C Plant Minor Minerals i.e. to the Plant holder & Hot mix stone pebbles and to get annual air Plant crushed sand seen in pollution report stock. from Competent
2. Conditions imposed by Authority and M.P.C.B examined and maintain the compliance checked. record of the
3. R.M.C plant working in same.
condition but closed during the site visit. 2. Tree plantation up
4. Precautionary measures to 33% of plant for minimizing Air area is suggested, pollution was not in as per the action. guidelines.
5. Green belt observed around this Plant area.
6. The site manager failed to produce stock and material purchase receipts. Hence, directed to submit same to the office of the M.P.C.B & District Collector, Thane.
4 Anjurware 1. N.B.W.L (National The boundary of M/S. Board of Wild Life) SGNP should be Rajdaksha permission was not demarcated.
Sharma produced during site
visit.
2. The area of the close
query site is close to
Sanjay Gandhi
National Park (SGNP)
requires to be
demarcated.
3. It is informed that
Quarry activity closed
since 2013.
Locations of the site No.9 - Gaimukh 5 M/s J 1. R.M.C plant is in use for 1. M.P.C.B officer is ______________________________________________________________________________ Page No.6 of 14 Wednesday, 9 July 2025 ::: Uploaded on - 10/07/2025 ::: Downloaded on - 02/08/2025 00:30:00 ::: Neeta Sawant 211-PIL-17-2006.docx Kumar infra manufacturing and suggested to casting the panel used check the R.M.C during bridge wastage material construction. (Slurry) dumped
2. R.M.C wastage (Slurry) along the SGNP, material are dumped which is observed along the boundary of during the visit. S.G.N. Park. On 2. The dumping of enquiry about the R.M.C wastage slurry along the said material along the boundary, the manager boundary of for M/s J Kumar infra S.G.N. Park viz. Shri. Sayyad should be admitted the stock and avoided.
piling of slurry at 3. The spraying of SGNP boundary. water should be
3. J Kumar infra Pvt. ltd. employed during operates R.M.C plant operations and and make road and transportation.
Bridge Installation
Material.
4. No Quarrying activity
in this area.
Locations of the site No. 8-Chena 6 M/s. NAR 1. R.M.C plant in It is well maintained Associate operation on lease operational site.
basis and land owner
Mr. Mhatre told us that
the R.M.C plant
distance form SGNP
boundary is 140 meters
away.
2. Site manager of the
R.M.C plant has
shown Stock/Sell
registers and
photocopies of the
material purchase
receipts etc.
3. Tree plantation, dust
suppression and Water
sprinklers equipment
are maintained at the
site.
4. All plants and
machineries are
covered by Metal
Sheets.
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5. Waste water recycle plant is maintained.
7 M/s. Α.Β. 1. Stock/Sell registers and It is well maintained Infra Pvt. material purchase operational site and Ltd. receipts shown by all conditions are R.M.C plant site complied with.
manager.
2. Tree plantation, dust suppression and Water sprinklers equipment are maintained at site.
3. All plants and machineries are covered by Metal Sheets as per MPCB guide line.
4. Waste water recycle plant is maintained.
Water ponds seen outside the plant area.
5. During site visit, the site manager, Shri. Amit Mishra told us that they had planted 450 trees in Wada Taluka Dist. Palghar as per M.P.C.B conditions.
General Observations & Recommendations-
1. None of the site visited by the members are having mining/ quarry activity.
2. Photographs are taken of each site visited by the Committee, during the visit.
3. It is found that except few, none of the sites had adequate number of trees or green belts around their periphery. Thus, the sites at Sr. No. 1 to 5 are recommended for adequate tree plantation in scientific manner.
4.Except the sites at Sr. No. 6 and 7 i.e. NAR Associates and A.B. Infra Pvt. Ltd., none of the other units seemed to have dust suppression systems in place. Thus, the sites at Sr. No. 1 to 5 are recommended to place Dust Suppression system of latest technology to minimize the air pollution around the area. The authorities are recommended to suggest proper way to dumping at Sr. No. 5 for dumping of wastage materials. They should avoid dumping along the boundary of S.G.N. Park and take appropriate measure for cleaning and maintaining the same.
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5. Statement made by the present concerned officer of MPCB that- Ready Mix Cement Plants are classified as "Green" under the Air Act needs to be verified by the Hon'ble Court.
Sd/- Sd/-
Prof. T.N. Singh Dr. M.A. Chakrabarti
Earth Science Department IIT Bombay Professor, VJTI
(Expert Member) (Expert Member)
REPORT 2 :
PIL 17/2006
Bombay Environmental Action Group Vs State Of Maharashtra other.
_______________________________________________________________ Dated 11/07/2017, Thane District Site Visit Report-2 _______________________________________________________________ Following Members are present for Thane District Site Visit Commenced at 10:30 AM:-
1. Prof. T.N. Singh, L.I.T Mumbai, - Expert Member
2. Prof. Dr. Mrs. M.A. Chakrabarti, VJIT, Mumbai - Expert Member
3. Mr. Debi Goenka, - BEAG
4. Mr. Jivan Galande, Addl. Collector Thane District -Member Secretary
5. Mr. Manoj N. Meshram, District Mining Officer, Thane
6. Concerned Circle Officers and Talathi from Revenue Department.
7. Nurafsa Khatri, Representative (BEAG)
8. Prof. H Sawant, expert member could attend meeting due to some urgent commitment at institute level.
Sr. Name of the Site Observation Remarks No. Site Locations of the site in CIDCO area - Mouje - Shiravane, Tal. Thane 1 Ramesh 1. Activity of quarry 1. To sustain the ecology Valabhbhai operation is and restoring of Flora Patel (M/s. suspended due to of the area, the benches Ramesh expiry of the lease. should be maintained Metal) 2. Plantation found and is further 2 near the Quarry suggested that local Sainath area. variety of grass may be Kashinath
3. All required grown along the Patil (M/s.
permissions are benches. The
Giriraj
sought except restoration of area
Metal)
renewal of should be as per Final
3 Arun Ganpat Quarry lease Mine Closer Plan.
______________________________________________________________________________ Page No.9 of 14 Wednesday, 9 July 2025 ::: Uploaded on - 10/07/2025 ::: Downloaded on - 02/08/2025 00:30:00 ::: Neeta Sawant 211-PIL-17-2006.docx Mhatre which is under 2. Systematic benches consideration. should be formed at
4. Previous quarry the cessation of permissions and mining activities. The the Compliance excavated area should is found be reclaimed/restored satisfactory. as per "Final Mine
5. Adequate measures Closure Plan" of the are found to be mine or cluster as per taken by the lease Rule 27 of MMMED holder in 2013.
compliance of all 3. Lessee shall be asked permissions issued to quarry the stone by competent strictly as per authority. provision made in the
6. Tree Plantation Mining Plan.
found and Flora
appears to be
protected.
7. Approved Mining
Plan available.
8. All crusher
machines are
covered in a metal
sheet, as per
pollution
protection
guidelines.
9. Dust Suppression
System in place
and maintained.
(Water sprinkler,
jet Spray etc.)
10. No public
habitation seen
adjacent to these
sites.
11. Slope of hills
observed slightly
steeper, as mining
work was
suspended
abruptly in
absence of
renewal of lease.
Locations of the site - Bonsari/Turbhe
4. Maruti Balu 1. Activity of quarry is 1. To sustain the ecology Patil. (M/s. suspended due to and restoring of Flora of ______________________________________________________________________________ Page No.10 of 14 Wednesday, 9 July 2025 ::: Uploaded on - 10/07/2025 ::: Downloaded on - 02/08/2025 00:30:00 ::: Neeta Sawant 211-PIL-17-2006.docx Saibaba expiry of the lease. the area, the benches Stone Plantation found should be maintained and 2. crushing near Quarry area. is further suggested that Co.) 3. All required local variety of grass may
5. Vasudeo permissions are be grown along the sought except benches. The restoration Maruti renewal of quarry of area should be as per Bhoir. (M/s.
lease. Quarry Final Mine Closer Plan. Sai Stone) owner has applied
6. Rama Bama for renewal of Madhvi lease to competent 2. Systematic benches (M/s. Hari authority. should be formed at the Om Stone 4. Previous quarry cessation of mining Quarry) permission and activities. The excavated
7. Narayan the Compliance is area should be Balaji Patil found satisfactory. reclaimed/restored as per (M/s 5. Adequate measures "Final Mine Closure Plan"
Bhairav found to be taken of the mine or cluster as Stone Co.) by the lease holder per Rule 27 of MMMED in compliance of all 2013.
8. Ashok permissions issued 3. Lessee shall be asked to Ghorpade by competent quarry the stone strictly as (M/s. authority. per provision made in the Modern 6. Tree Plantation Mining Plan.
Stone) found and Flora
appears to be
protected properly.
7. Approved Mining
Plan available.
8. All crusher
machines are
covered in a metal
sheet, as per
pollution
protection
guidelines.
9. Dust Suppression
System in place
and maintained.
(Water sprinkler,
jet Spray etc.)
10. No public
habitation seen
adjacent to these
sites.
11. Slope of hills are
found slightly
steeper, as mining
work was
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Locations of the site - Mouje-Paye, Tal. Bhiwandi.
9. Machchindra 1. Environmental 1. Quarry activity is slow Devji Clearance found due to water-logging in Dhandekar. in place. rainy season. However. (M/s. 2. Tree plantation, dust sites are well Mahalaxmi suppression and maintained but it is Stone Co.) Water sprinklers advised to increase
10. Haribhau equipment are tree plantation nearby Mahadu maintained at the the Quarry site. Mukadam site. 2. Step like benches to be (M/s. Waris 3. All crusher prepared on hill top to Stone) machines are avoid any untoward covered in a metal incidence due to
11. Ramu sheet, as per vertical cutting of hill Vikram pollution at the site shown at Sr. Dinda protection No. 11.
guidelines.
4. Waste water recycle plant is maintained.
5. Adequate measures found to be taken by the quarry holder in compliance of all permissions.
6. Flora appears to be protected.
7. Approved mining Plan available.
8. Dust Suppression System in place and maintained.
(Water sprinkler, jet Spray etc.) 9. Site at Sr. No. 11 found with vertical cutting slope. This is due to hard and compact basaltic Rock. However, precautions should ______________________________________________________________________________ Page No.12 of 14 Wednesday, 9 July 2025 ::: Uploaded on - 10/07/2025 ::: Downloaded on - 02/08/2025 00:30:00 ::: Neeta Sawant 211-PIL-17-2006.docx be taken to see the slope stands for longer run after closer of Mining work.
General Observations & Recommendations -
1. The mining activity is stopped at sites from Sr. No. 1 to 8 due to expiry of mine lease. Renewal is awaited. Quarry owner applied for renewal of lease to competent authority
2. Photographs are taken of each site by the Committee, during the visit, which is attached with this report.
3. It is found that there is adequate number of trees around periphery of mines. However, sr. no. 1 to 8 have made adequate plantation in the form of compensatory afforestation at Taluka- Roha Dist. Raigad as per advise by forest deportment.
4. It is recommended that at the time of renewal of the lease for the sites at Sr. no. 1 to 8, they should be asked to form the systematic benches and adhere the mine closure plan as per guideline provided by Indian Bureau of Mine (IBM), Ministry of Mines, Government of India.
5. It is suggested for all sites and specifically for site at Sr. No. 11 to form step like benches to avoid any untoward incidence in future with passage of time.
6. During the site visit, no illegal quarry operation observed. However the mine owners will acquire all necessary permits from the competent authority.
Sd/- Sd/-
Prof. T. N. Singh Dr. M.A. Chakrabarti
Earth Science Department IIT Bombay Professor, VJTI
(Expert Member) (Expert Member)
4) We have heard learned counsel for the parties at length.
The Committee constituted in pursuance of order passed by this Court has made various observations, suggestions and recommendations, which need to be acted upon in an expeditious manner. In the facts and circumstances of the case, we deem it appropriate to direct implementation of the recommendations made by the Committee in letter and spirit within an outer limit of four months from today.
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[SANDEEP V. MARNE, J.] [CHIEF JUSTICE]
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2025.07.10
19:55:44
+0530
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