National Green Tribunal
Protection Of Environment And Public ... vs Union Of India Through Its Secretary ... on 15 June, 2020
Corrected on 19.06.2020
Item No. 06
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 58/2018 (WZ)
(M.A. No. 103/2018 & M. A. No. 184/2018)
Protection of Environment and
Public Service Committee Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 15.06.2020
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. SIDDHANTA DAS, EXPERT MEMBER
For Applicant(s) : Mr. N. K. Majnudar
For Respondent(s) : Mr. Sanjay Upadhayay, Advocate for R-20 & 21
Ms. Ruchi, Advocate for GPCB
Mr. Vaibhav Srivastava, Advocate
Mr. Anand Verma, Advocate
ORDER
1. Illegal and unauthorized mining of limestone in Districts Gir Somnath and Junagadh in Gujarat without any prior Environmental Clearance from the Gujarat State Level Environment Impact Assessment Authority was raised in this application and vide order dated 01.05.2019, this Tribunal has directed a Committee to assess the damage caused to the environment. The Committee while 1 submitting the report has assessed the damage which is as follows:
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Sr. Lessee & Location of Lease Total Damage No. Assessment Cost Levied Maximum of (A), (B) and (C)in Rs.
1. M/s Gopalsinh Himmatsinh Chauhan, 60,45,382/‐ Survey No. 64 P, Village Ghusiya, Taluka - Talala, Dist. - Gir Somnath
2. M/s Vajesinh Dansinh Mori, Survey No. 37,50,000/‐ 152, Village Jasadhar, Taluka - Talala, Dist. - Gir Somnath
3. M/s R. J. Trivedi & Co., Survey No. 65, 4,31,25,000/‐ 70, Village Umba, Taluka - Veraval, Dist.
- Gir Somnath
4. M/s Aher Bhagwan Bhimsinh, Survey 3,75,00,000/‐ No. 389/1, Village Ajotha, Taluka - Veraval, Dist. - Gir Somnath
5. M/s Somnath Hydrated Lime & 7,99,12,362/‐ Chemicals Industries Pvt. Ltd., Survey No. 42/1, Village Kherali, Taluka - Veraval, Dist. - Gir Somnath
6. M/s Noor mahamad Kalubhai Patani, 1,26,31,063/‐ Survey No. 49, Village Kherali, Taluka - Veraval, Dist. - Gir Somnath
7. M/s Vikram Chemical Company, Survey 18,75,000/‐ No. 110P, Village Damasa, Taluka - Una, Dist. - Gir Somnath
8. M/s Dhirajlal Panchabhai Vachhani, 1,96,50,504/‐ Survey No. 49 P, Village Undari, Taluka - Una, Dist. - Gir Somnath
9. M/s Somnath Hydrated Chemicals, 8,69,60,838/‐ Meghal riverbed, at near Village Zadaka, Taluka - Maliya, Dist. - Junagadh
10. M/s Dinesh Kumar & Company, Survey 1,15,74,733/‐ No. 2P, Village Khorasa, Taluka - Maliya, 2 Dist. - Junagadh
11. M/s Rajsi Rana Jotava Limestone Mine, 1,01,22,773/‐ Survey No. 29 P, Village Khorasa, Taluka - Maliya, Dist. - Junagadh
12. M/s GHCL Ltd., Survey No. 408/6P, 4,50,00,000/‐ Village Gorakhmadhi, Taluka - Sutrapada, Dist.
- Gir Somnath
13. M/s GHCL Ltd., Survey No. 81P, Village 56,25,000/‐ Kodidra, Taluka
- Veraval, Dist. - Gir Somnath
14. M/s S.J. Trivedi Limestone Mine, Survey 3,37,50000/‐ No. 123, Village Dari, Taluka
- Veraval, Dist. - Gir Somnath
2. Committee has further recommended that separate detailed study through an expert agency like NEERI and IIT or any other technical institute of similar repute in consultation with CPCB and GPCB, shall be carry out for the detailed assessment of the damages to the ecological services forgone forever and damage to environment and pristine ecology.
3. Mr. N. K. Majnudar for complainant appearing through Video Conference that he wants to file Vakalatnama and he should be given time and also should be provided the copy. Shri Anand Verma, Learned counsel appearing for respondent nos. 9 to 11 and 17 has submitted that copy of the report be provided to them so that they may file objection. The copies of the report are available and after submission upon application, they may be provided the copy as per rule. Learned counsel Shri Sanjay Upadhayay appearing for respondent nos. 20 and 21 has raised a question of issue of limitation and distinction 3 between minor minerals and major minerals and also submitted that there are several Office Memorandum and Notifications issued in this regard and they should be provided time to file all this things and argue the matter.
4. In light of the above facts, a copy of the relevant documents may be obtained after submission of the application.
5. CPCB and GPCB are directed to submit further action taken report and also if deem it necessary, engage any independent agency or IIT and submit the report with regard to damage assessed by the Committee. The compliance report be submitted within four weeks.
6. List it for hearing on 18.08.2020.
Sheo Kumar Singh, JM Siddhanta Das, EM June 15, 2020 Original Application No. 58/2020 (WZ) R 4