National Green Tribunal
E.Uma, W/O.Ramalinga Gowda vs The State Of Karnataka, Department Of ... on 25 March, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.1:- BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Execution Application No. 01 of 2021 (SZ) in Original Application No.144 of 2017 (SZ) (Through Video Conference) IN THE MATTER.OF: E. Uma, W/o, Ramalinge Gowda; Bankapura Village, Kanthapura Post, Nagamangala Taluk, Mandya District, Karnataka. ... Applicant (s) Versus 1. The State of Karnataka, Department of Forest, Environment, Ecology, Represented by its Secretary, 4 Bloor, Gate No. 2, MS Building, Bangalore -- 560 001. 2. The Karnataka Pollution Control Board, Represented by its Member Secretary, Parisara Bhawan, No. 49, Church Street, Bangalore -- 560 001. 3. The Karnataka State Environment Impact Assessment Authority, Represented by its Member Secretary, 7" Floor, MS Building, Bangalore -- 560 001. 4. The Department of Mines and Geology, Represented by its Director, 5" Floor, Khaniji Bhawan, Race Course Road, Bangalore -- 560 001. Page 1 of 14 5. The Special Geologist, The Department of Mines and Geology (Minerals Division) - cum -- Member Secretary, The District Stone Crushers Licensing & Regulation Authority, Vidyanagara, Mandya District. 6. The Deputy Commissioner -- cum -- Chairman, The District Stone Crushers Licensing & Regulation Authority, Mandya, Mandya District - 571 401. 7; The Deputy Conservator of Forest & Member. The District Stone Crushers Licensing & Regulation Authority, Mandya, Mandya District - 571 401. 8. Sri: Maruthi Stone Crusher & Quarry Unit, Represented by its Managing partner, K.M. Ravi, S/o, Late Mariyappa, Running illegal Quarry and Stone Crushing Unit at Bankapura Post, Kantapura Post, Nagamangala Taluk, Mandya District, Karnataka. .. Respondent(s) Date of Judgment: 25.03.2022. CORAM: HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER For Applicant(s): Ms. G.V. Seethalakshmi represented Mr, E. Vijay Anand. For Respondent(s): Mr. M.R. Gokul Krishnan for R2 Mr. H.K. Vasanth for R3 Mr. Rajat Jonathan Shaw represented Page 2 of 14 Mr. Darpan K.M. for R1, R4 to R7. Mr. Gopinath for R8 JUDGMENT
1. The Execution Application was filed by the applicant alleging that the 8"
respondent was still continuing with the mining against the.order passed by this Tribunal. Earlier the Execution Application was not admitted by this Tribunal as.the show cause notice issued by the Karnataka State Pollution Control Board (KSPCB) against the 8 respondent for running the unit without getting necessary licence was challenged before the Hon'ble High Court of Karnataka by filing Writ Petition No. 11398 of 2021.and on that basis they had withdrawn the show cause notice issued and. the Writ Petition was disposed of by giving direction of the authorities to consider the application for licence and other..permission and pass. appropriate orders.
2. It was also. mentioned by.the counsel..appearing for the Execution Applicant, that, they filed a Review Petition before the.Hon'ble High Court of Karnataka and the same was not numbered:so far.
3. As per order dated 18.01.2022; this Tribunal had considered the summary inspection report and action taken by the 2" Respondent sent through e- mail wherein, they have stated that the 2™ Respondent had granted 'Consent to Operate' to the 8 Respondent by their Proceedings dated 15.02.2021 valid up to 30.09.2028 and as per the conditions, they can operate only after obtaining valid Form-C from the District Stone Crusher Licensing Authority, Mandya District..within six months. However, 8"
Respondent had not obtained the same. The 2" Respondent conducted periodical inspections of the 8" Respondent unit and in the recent Page 3 of 14 inspection conducted on 18.12.2021 revealed that there were certain violations of the conditions in-the Gonsent to Operate. They have again issued a show cause notice on 20.12.2021 to the 8" Respondent, calling upon the 8 Respondent to submit the Form-C and proof of compliance with the terms and conditions of the 'Consent to Operate' issued.
. This Tribunal had considered the order passed by the Hon'ble High Court of Karnataka at. Bengaluru in the Writ Petition filed by the 8™. respondent, wherein a direction was given .to the licensing authority to take an appropriate decision in the meeting in the light of the specific provision of Sub-section (2) of Section 6-A of the said Act of 2011.
. This..Tribunal had directed the Karnataka State Pollution Control Board (KSPCB) as well as the Director of Mines and Geology, State of Karnataka to file their further status report as to whether any further action has been taken' on the basis of the subsequent show cause notice issued by the Karnataka State Pollution Control. Board (KSPCB) and whether the directions issued by:the Hon'ble High Court: of Karnataka in the writ petition mentioned above have been complied with and if not, what is the nature of action taken from their side.
. The case was posted to 11.02.2022:.for that purpose. The matter was taken up on 15.02.2022 and at the request of the authorities the matter has been adjourned to 23.02.2022 for. consideration of report to be filed by them. On 23.02.2022, this Tribunal had considered the reply affidavit filed by the Senior Geologist, Department of Mines and Geology (Mineral Division) in which they have submitted that in the meeting that, it was revealed that at the time of inspection, the Crusher Unit was in operation and a private complaint was filed before the Hon'ble Additional Civil Judge (Junior Page 4 of 14 Division) & J.M.F.C Court, Nagamangala and they have also sought certain reports from Karnataka State.Pollution Control Board (KSPCB) in this regard.
. It was also mentioned in the reply affidavit that the application filed by 8"
respondent was still pending. before the. authority and the action will be taken in accordance with law in that application. The direction issued by this Tribunal in this regard was strictly adhered to. Since, there was certain violation noted by the authorities.in the operation of the unit by the 8"
respondent, this Tribunal had decided to admit the Execution Application and issued notice the respondents including the party respondent and posted. the case to today for their appearance to file their replies.
. Mr. Gopinath had entered appearance for 8" respondent and the official respondents had already represented by their standing counsel. :.So service is complete.
. We have received.an Inspection Report from State. Environment Impact Assessment Authority -- Karnataka signed by the officer on14.02.2022, e-
filed on 14.03.2022 which: reads as follows:-
Page 5 of 14SUBMISSION OF INSPECTION REPORT IN COMPLIANCE TO THE DIRECTIONS OF THE HON'BLE NATIONAL GREEN TRIBUNAL DATED 09.07.2021 IN ORIGINAL APPLICATION(O.A.JNo. 144 of 2017 AND EXECUTION APPLICATION NO 1 (SZ) FILED BY E.UMA W/o RAMALINGE GOWDA V/s STATE OF Karnataka AND | OTHERS.
The Hon'ble National Green Tribunal passed an order dated 09.07.2021 and directed SEIAA to inspect the area in question periodically to ascertain as to whether the conditions imposed by the DEIAA, Karnataka while granting the EC are being strictly adhered and if there is any violation found, they are also liberty to take action in accordance with law.
The Member Secretary, SEIAA directed to inspect the project site of Sri Maruthi Stone Crusher & Quarry unit located at Sy No 34 & 5, Gollarahalli Village, Kantapura Post, Nagamangala Tq,
- Mandya District and to ascertain whether the unit is violating the © EC conditions.
The site was inspected on 09.02.2022 along with the following officials and representative of the proponent.
1) Sri Ravikumar J K, Scientific Officer, SEIAA, Krnataka
2) Sri Arunkumar.M, Geologist, Office of Mines & Geology, _ Mandya District a Page 6 of 14
3) Roopa.S, Junior Engineer, Office of Mines & Geology, Mandya District
4) Yallappa Taraked, Village Accountant, Kantapura Circle
3) Ravikumar D R, Representative of Maruthi Stone Crusher
a) Sy no 34, 'Gollarahalli Village, Kantapura Post, --
Nagamangal Ta, Mandya District:-
It is noted that the project proponent obtained Environmental: Clearance from DEIAA, Karnataka vide No.MSC(DEI AA) EC/102018-19 Dated 04.06.2018 (Annexure-I) at Sy No 34, Gollarahali Village, Kantapura Post, Nagamangala | Tq, Mandya District for carrying out quarrying activity. As per | the Notification: and lease sketch approved by Mines & Geology Dept, the EC was issued for an area of 1-05Acres, out of total | extent of 3-00Acres in Sy No 34, Gollarahalli Village, Kantapura | Post, Nagamangala Tq, Mandya District. During site inspection, it is observed that the proponent has not carried out quarrying activity although EC was issued and also the Mines & Geology officials present: during inspection confirmed that, the lease is ~ not yet granted for quarrying activity. The lease is not yet granted by Mines & Geology Dept and during inspection no illegal quarrying activity is confirmed at Sy. No 34, Gollarahalli Village, Kantapura Post, Nagamangala Tq, Mandya District. Hence it is confirmed that there are no violations of earlier EC conditions.Page 7 of 14
It is also observed that the Stone Crusher unit is. established in the remaining area of Sy. No 34, Gollarahalli Village, Kantapura Post, Nagamangala Tq, Mandya District. The stone crusher activity is not under the ambit of EIA | Notification-2006, hence the concerned Mines & Geology, Dept and KSPCB may submit necessary information and report in this regard.
b) Sy no 5, Gollarahalli Village, Kantapura Post, Nagamangala Tq, Mandya District:-
As per the documents it is confirmed that the EC was not _ issued and also lease was not granted as confirmed by the Mines & Geology officials present during inspection, at Sy No. ©, Gollarahalli Village, Kantapura Post, Nagamangala Tq, Mandya District for carrying out quarrying activity. It is confirmed that the quarrying activity was carried out in some part of the Sy No 5, however during inspection quarrying activity is not observed at the site.
Since the EC was not issued, the 'illegal quarrying activity should be examined by the Mines & Geology, Dept and take necessary action in this regard.
10. It is. seen from the report that..in respect of Survey No. 34, Gollarahalli. Village, Kantapura Post, Nagamangala Taluk, Mandya District, the 8™ respondent had obtained Environmental.Clearance (EC) for doing quarrying. operation in respect of 1.05 Acres, out of total extent of 3-00 Acres from District Level Environment Impact Assessment Authority (DEIAA) - Karnataka by proceedings:no. MSC(DEIAA) EC/10/2018-19 dated. 04.06.2018...But on the date of inspection they. found.that.they there were not doing quarrying work in Survey No. 34.
11. As regards the Survey No. 5 in respect of same village is concerned, they have not obtained any Environmental Clearance (EC). But it was also seen that quarrying activities were carried out in some part of Survey No. 5.
However, during inspection quarrying activity was not observed in that site.
Page 8 of 1412. The State of Karnataka had produced a reply sent by the Senior Geologist, Department of Mines: and. Geology (Mineral Division), Mandya District dated 22.03.2022 to the Director, Department of Mines and Geology which reads as follows:--
WR ANS 2. ACE EES OOS Bepartisaernt of Eines & Chcotogy nist, Vidywarnagera 3 <lross. tarcdya Disuriet- S97) 402.
Rice of the Senior Ceots lee 2 k3s ay eee Pome: GQAA2~-LZLAGS ho, PRA40S/SESMO PLL AOS T- 2S ~ Mate: SA-OS-BOss "Pex The irecter, trepartment of Mines & Creerloay.
Pengalhisrw.
Sar, Subpect Reguarctivrig, tak trig actkxe.
"YrPourial in CRA Milas. 3-8 Fee 2. tOrdter set ther bhatt Flergareting Eimear tier We, PRS SC OF, hareretd 32-7 2
2. Phis 3*Fice letter Mo DONICISN CRE DE YS RORU-RS, cheated! G5-01-~2OR22. ae oh ob om ge With nefernecnce te the ahveve anGijcet, Oeter of the Bion bie Mational ince
-A NTE Te seretene OF Base Eom be Nations tsreen RF Daten G8KeF- Rs E. Niatiooat direc Pirthurmeak C8203, Chea, aprlieatines Per hd ook 2st FSA} ie CRA Tritminat (62), Chenoaes, Bosgernting Execute: uoplication Mo. G9 ef Za! (sa in Cua Wo Pdeecore, dared 22-02-2022 4 was insteactedd ter garni the points 2027 and take necessary action amd wmubroit the wrestioned im the order gat 23-22 report megandink the action taken. In this regard abroecdy Une Inberka copert kas bees subdmRted as por reference (2) aad the comtirmesd report is as hereunder.
©. R4/s, Mawiuthi Store €eusher, Prop: Kea Mavi, Bankaguser Willage, WNagarmangeain Uabuk, bas sobrsitted am application or 2R-EI-RORG mequesxting ti grant License for establishment of Crusher in Sy INO. a of Geharanalli Willage, Mapgpsrargala Kalhak.
e The saidapphiect arca has bean checlared as Sater Heane try the District Store tleushers ficensing d& Regutation Authority and tClomphliance Clortitficate tor 8 t> has been issvu|ed on 26-12-B2GER.
2 Phe offi of the Deputy Cloromissbomer, Mandy wa District, has isswed Loarict Clonaverstionm CRrder tar the applied area fro aericultural prarpese Tex mon. agricultoxsal prorpemse for establishment af stene crushing: unit vide CMa4icial Mhermorandcbosm Ile La 3GRS Gatecl 15-00-2620 .
* "Phe Ruarnoeatuke State Polhation Comtead Board Flange 2¥fice, Mysucu has jemwedt oder of Cansent Fur Chperation vide: order Near AMW-S23 75K catect 352-2021 for crusher unit.
* A penalty of Me. PRG. 7S0e. ies iosen bhevied to the spyicant for Ra Rthorisead wperntion of the crushing: wait anid for unauthorized Stack tee of amines mineratin the cmushing anit area. An eocdoarserrpernt hos bees insuerct foe the applicant striimg thar license will be issued after Peewee cef the: gxerenleye cerrecaart.
e Im this regard, the applicant has remitted the penalty ann of Fis. 1 O00, 000/- armel recusested adelitiomail time far remitting the babexcs Ruerakty onciursd.
e 4&5 per the order of the Eform ble Watiemal (Green 'Mrifmanmal im original application Whe. 144/201 7 datexct 09-07-2021, the technical officer of this efice ineapected the crusher urit slormg vehth the officers of the Revere, Forest amd Police Glepertmments cn O4-L9-2O2) snd AG-29-2OBt ara awibionitted the negpart stating that the crusher urif os ret to OPE Tat hoes, eo "The technical ofFicer of this office inspoeutest dhe crusher ayrit Rlemg with the efTiers of tae Bewontud Doparimcrmt on (2-9) -ROS) amet feaod curimg the Sospeeetion that thee crusher writ sas opecwtecd scared ian the SO weryenr piace. oF the crusher tnit, there was jethy ant thers woone rearkos af tramsportationt the jeliy prodwets arnad shout POU NEY of fuiiding atenc. Coon k was stacked Page 9 of 14 jae Ure Cleowcrriseret Lark ics Swe. EAS ae Clarngeasarmmadca ilkegwe On tho mertivern shomecthoe ce thee qmushar wx.
SGyremeatiorm of the crusher amit fey thre apphicaedar wither citaining: the crusher Rcemse ack stacking oF PIM KEP of besitding store Ubesorkby be iex wiadasion: of Sectioex S €32 53 of Boarrictishkos BRopiusation of Stee Crusbers skear, BORE mrret Seeatiean <$ ack 2¢ bat} oe Nimes We Minerals (Pewwhopemmemt 3: Regaelativers} Poot, RS sack alse fx ciear wieletion af Reahe 3¢ bo G2¢3 > aret 23 oe armetmka dimer At iverat Caomcessiar: Mutes, pad.
ir: this regard, @ privare cuomogxieimt bras tect: registered uyesirist che Sagres boat carat tamater Seotiorn to ot hacrainksa Re giletion af Stome Clrushurs chick, AGEL E axvect Senctiwn BE oF Nimes & Mihresrads CPeesviogerxecn: d& Roegpuiea hom) weart, POAT wrk wmder Racker 22h ot Rourmataha Slicer Pfirerad Clore Sksork Plasto, 3 ed, foes Fomres user Beare teder Cad Ss Faackgver 8.80 BPs. SOS PR PORE TI, Wises caerecengerates avrz $$ + SASK PRG Thee. ceeckery cheeterad OHSU PP aah tee Saar hte Mational Ciemen SS rkbcuetsek Suv Rovio gira A py tactics Per LSS, the EDerpoety CToeexenbiswlerer, Mbaracdy ss E¥istrict, Inaes Gostrocrteaxk ther Eoowireomim.erind ¢3fPicer, Ratgtanal 3PSice, fiarmataka State Paxhbitivos: Claemerad Eeasaret. Mefackyr, tee werd fy phir prcoieees iy thxer cerates cqcack suse t's chore bts.
me Acxrearkd ing hy. Ure Kirewivrorrerntsal se fPicer, Regicmal (okice, Marnatahkea. State: Foattation: (Caomutet Efcearsd, thtmoody i, irae saaiosithed' oc anepart steting fhest the cexymatitigme perursarttseek tro thes Clhagraseeret Fass Cyoerrsstiqor: £0 3°09) bya ricrt Everexcs Pobtonverd xeapoopleteiy arid to this megarcd. a Sihaw Clause Moticoe was seoreecdt ter that syoplicaprt.
oe "Pte fie was pleced berfiere time ERietrict Comushecs Licensing asd Ruasgraketioorn Shausthurity hteferorticxng Feket ori BI-~R2-DOV) and chincussedcd im the miecting. Pine Sordaermemeart aihikmer present Gx. thes rrtmetinng sas irssstrunctercd too yorexpxarw thee port somwardimg besa of crusiker Hucemse te the apphicams after thos ag applicant sobemnits dre reply ite the show cars: notice sued ty the Environment €3fficer and submit to the Authericy.
e The Feoehnical officer of this offies inspected the crusher turnit on 4-03-2002 and during, the inspection & is Pound that there was oo power GERRMee&iion te the crusher wit. Ele has submitvedd a repeart that, a diesel sgenerator has ben provided to the crusher unit ana simce there ia possibility et operating the crusher wnit with the said diesel penerator machine iegally. the said diesel generator siachine fan ard the machine established have boon seabed with ican chain.
A foer the apgdicant Mys. Marathi Svone Crusher submits repiy ta the shww Cause Mmotice issued regarding mat following the conditions canmmphetah Preseribed Fnio the Clomsent For Chperatian and as per the repeart to tre subraitted by the Ebovironment C4 Ficer te the Autharity., farther actions will be taken in accaerdamce with the Mules regarding issuance of Hicense (Form: C3 te cbse crusber Unit of MG's. Marathi Stone Crusher. Phis is flor your baformation and Tarther acti.
YWours faithfully, Senior Geologist, Dept. of Mines & Gealagy, Miannchy a.
Llepy to:
t) The Deputy Ccrmmissioner & Chaimian, Gistrict Stone Ureshers Licensing & Regulation "utherity, Mlaneiwe District, Maneya ~- for information.
2) The Legal O9ficer, Of¥ice of the DSrecter, Tept. of Mims & Creag, Bengahurtu - fer information,
3) Sri Darpan KURT, Adwacate, Wa: K-06, Lower Gaserment Floor, Lachpathoagiar-Iil, Mew Dethi- LOR.
Sed f~ Sevier Cheeloint, foept. of tines 2 Gaeclory, PeToartctsy va.
13. It is seen from the report of the Environmental Engineer, Regional Office, Karnataka State Pollution Control.Board, Madya that the conditions prescribed in the "Consent to Operate' have not been followed completely and a show cause notice has been issued to the 8" respondent.
Page 10 of 1414. It was also seen from the report that when the technical officer of the Mines and Geology Department: had:inspected the crusher unit along with the officers of the Revenue Department on 02.12.2021, it was found that the crusher unit was operated and in the conveyor place of the crusher unit, there was jelly and there were marks of transportation of the jelly products and about 100 MT of building stone (rough) was stacked in the Government land in Survey No. 143 of Gangasamudra Village in. the northern direction of the crusher unit.
15, Operation of the crusher unit by the applicant without obtaining the crusher licence and stacking of 100 MT of building stone illegally is in violation of Section 3 (1) of Karnataka Regulation of Stone .Crushers Act, 2011 and Section 4 and 4 (la) of Mines & Minerals (Development & Regulation) Act, 1957 and also in clear violation of Rule 3(1), 42(1) and 43 of Karnataka Minor Mineral Concession Rules, 1994. A private complaint has been..registered against. the applicant under Section 16.of Mines & Minerals (Development & Regulation) Act, 1957 and under. Rule 44 of Karnataka Minor Mineral Concession Rules, 1994, before the Homble Civil Judge (Jr. Dn) & JMFC, Nagamangala on 16.12.2021.
16. It is further.mentioned in'the*same. report.that the technical officer from the office of the Mining. and Geology Department, Mandya District had inspected the crusher unit on 04.01202 and during inspection it was found that there was no power connection to the crusher unit. But a diesel generator has been provided to the crusher unit and since there is possibility of operating the crusher unit with the said diesel generator machine illegally, the said diesel generator machine fan and the machine established have been sealed with iron chain, They have further mentioned in that report regarding the issuance of license to the crusher unit will be considered in accordance with law.
Page 11 of 1417. The learned counsel appearing for 8" respondent submitted that the application itself was filed due to some personal vendetta against the 8"
respondent as they were operating a crusher unit earlier on partnership basis, but later he went out of the partnership and even started a new crusher unit and the applicant was making complaints after complaint against the 8" respondent and on account of the same, they were not able to carry out the work the learned counsel had further submitted that the 8"
respondent: will not operate the unit without obtaining necessary licence from the authorities. The above submission is recorded.
18. This Tribunal had disposed of the Original Application (O.A. No. 144 of 2017 (SZ) by directing the 8" respondent not to operate the unit without obtaining licence/permission and directed the authorities: to take appropriate action against the 8 respondent violating the same.
19. The submission of the counsel appearing for the 8" respondent that 8" respondent was not operating the unit is not correct in view of the report submitted by the State Environment Impact Assessment Authority -- Karnataka and the Mining and Geology Department.
20. Since the generator etc., has been sealed by the officials and a show cause notice hasbeen issued' against the 8" respondent for violating the conditions for operation by the Karnataka State Pollution Control Board, we feel that the Execution Application can. be. disposed of by giving following directions:-
i) If the 8" respondent is operating the unit without license, then, the regulators, namely, Mining and Geology Department and the Karnataka State Pollution Control Board.are directed to take action against the 8"
respondent including imposition of compensation for Page 12 of 14
ii)
iii) running the unit without obtaining necessary licence and in violation of the condition to operate.
State Environment Impact Assessment Authority -- Karnataka and Mining and Geology Department are also directed to take action against the 8 respondent for the quarrying operations undertaken in Survey No. 5 and Survey No.34 in Gollarahalli Village, Kantapura Post, Nagamangala Taluk, Mandya District. Bengaluru and to recover the damage caused.to the environment on account of illegal mining done by the 8™ respondent by issuing show cause notice and conducting: enquiry and imposing penalty and compensation for any illegal or unauthorised mining conducted in those Survey Numbers in accordance with law.
In spite of sealing the unit by the authorities, if the 8 respondent had adopted any clandestine method for operating the unit, then, the. Mining .and Geology Department and the Karnataka State Pollution Control Board.are directed to take further action against the 8™ respondent.in accordance with law.
The undertaken given. by the counsel appearing for the 8" respondent that he will not operate the unit without obtaining necessary licence from the authority is recorded.
The Licensing Authority is directed to consider and pass appropriate orders in the application, if any, said to have been filed by the 8" respondent strictly in accordance with law, at the earliest possible time. Till then, 8"
Page 13 of 14vi)
vii) Vili) respondent is restrained from doing any quarrying/crushing operation in the disputed area.
Considering the circumstances, parties are directed to bear the respective costs in this application.
The applicant's liberty to approach this Tribunal if in future, there is any violation of the directions issued by this Tribunal for appropriate relief is left open.
The Registry is directed to communicate this order to the official respondents through e-mail immediately, so as to enable them to comply with the direction.
21. With the above observations and directions, Execution Application is disposed of.
Sd/-
ee oe J.M. (Justice K;: Ramakrishnan) Sd/-
Spot Doone giles di eepecee cede .-E.M. (Dr. Satyagopal Korlapati) E.A. No.01/2021 (SZ) in O.A. No.144/2017 (SZ), 25.03.2022. Sr. Page 14 of 14