National Green Tribunal
Dhjwa Phad Bachaw Snghrsh Smiti vs State Of Jharkhand on 20 July, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No.13/2022/EZ
IN THE MATTER OF:
Dhjwa Phad Bachaw Smiti
Through its Secretary Awdhesh Mehta Pal
Aged about 55 years S/o Rampyare Pal,
Village-Kutmu, Tolla-Barwahi,
PO-Kutmu, PS-Pandu, District-Palamu, Jharkhand
....Applicant(s)
Versus
1. State of Jharkhand
Through Secretary,
Mines and Geology Department,
Nepal House, PO+PS-Doranda,
District-Ranchi
2. Secretary,
Forest Environment and Climate Change Department,
Government of Jharkhand,
Nepal House, PO+PS-Doranda,
District-Ranchi
3. Member Secretary,
State Level Environment Impact Assessment Authority,
Nursery Complex, Near Dhurwa,
Bus Stand, P.O.+P.S.-Dhurwa,
District-Ranchi
4. Director, Mines and Geology Department,
Nepal House, PO+PS-Doranda,
District-Ranchi
5. Deputy Commissioner,
PO+PS+District-Palamu
6. Sub Divisional Officer
PO+PS+District-Palamu
7. Circle Officer, Pandu
PO+PS-Pandu, District-Palamu
1
8. Suraj Kumar Singh
S/o Late Bhupendra Prasad Singh,
R/o Village-Jobriya,
Ward No.2, PO-Nawada,
PS+District-Garhwa
9. Jharkhand State Pollution Control Board
Through its Member Secretary
Town Administration Building,
H.E.C. Dhurwa, P.O.-Dhurwa,
P.S. Jagarnathpur, District-Ranchi-834004
....Respondent(s)
COUNSEL FOR APPLICANT:
None
COUNSEL FOR RESPONDENTS:
Mr. Ashok Prasad, Advocate for R-3,
Ms. Aishwarya Rajyashree, Advocate for R-5,
Mr. Sandeep Prasad Shaw, Advocate for R-8,
Mr. Surendra Kumar, Advocate for R-9
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On: - 13th July, 2022 Pronounce On: - 20th July, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
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 parties and perused the documents on record.
2. This Original Application has been filed by the Applicant with the allegation that the Respondent No.5, Deputy Commissioner, 2 Palamu District, had granted a mining lease for minor mineral to the Respondent No.8, (Private Respondent) for Project 'Kutmu Stone Mine' for Khata No. 174, Plot No. 1046 at Village-Kutmu, P.S.- Pandu, District-Palamu, Jharkhand, for 5.08 acres of land.
3. Referring to the complaint letter of the Circle Officer, Pandu, dated 04.12.2021 which is filed as Annexure-4 (at page no. 75 of the paper book) to the Original Application, the learned Counsel submits that the Respondent No.8 is carrying on its mining activity on Khata No. 206, Plot No. 1048 for which he has not been granted any mining lease or Environmental Clearance. The copy of the Environmental Clearance has been filed as Annexure A-2 (at page no. 55) to the Original Application, which clearly shows that the Environmental Clearance has been granted to the project 'Kutmu Stone Mine of Shri Suraj Kumar Singh' (Respondent No.8), only for Khata No. 174, Plot No. 1046 at Village-Kutmu, P.S. Pandu, District-Palamu, Jharkhand.
4. Notices were issued to the Respondents. The Respondent No.5, Deputy Commissioner, Palamu District was directed to inspect the site in question and file his personal affidavit within four weeks stating what action has been taken in response to the complaint letter of the Circle Officer Pandu dated 04.12.2021, page no. 75 of the paper book. The Deputy Commissioner was also directed that if the allegations of illegal mining is made out against the Respondent No.8, he shall take steps forthwith to stop such illegal mining and disclose what action has been taken by him in his affidavit. 3
5. In response, an affidavit dated 10.03.2022 has been filed by Respondent 5, Deputy Commissioner, Palamu stating therein that a High-Level Committee has been formed by the Respondent No.5 to conduct an enquiry and the Committee is in the process of enquiring into the complaint which will be completed very shortly. It is also stated that if the Committee finds that the Respondent No.8 has violated environmental norms action will be taken against him as per law.
6. We find that the Committee which has been constituted by the Deputy Commissioner, Palamu comprised of the following members:-
1. Additional District Magistrate, Palamu;
2. District Mining Officer, Palamu;
3. Sub-Divisional Officer, Sadar, Medininagar;
4. Circle Officer, Pandu and
5. Regional Officer, Jharkhand State Pollution Control Board
7. Along with the affidavit of Respondent No.5, Deputy Commissioner, documents which have been filed show that Environmental Clearance (EC) has been granted by SEIAA, Jharkhand for mining activity on Plot No.1046 at Village Kutmu, District Palamu, Jharkhand.
8. We also directed that if the Committee finds that the Respondent No.8 is illegally carrying on mining activities on Plot No.1048 for which no Environmental Clearance (EC) has been granted, the Jharkhand State Pollution Control Board shall 4 compute the Environmental Compensation as well as cost of restitution of the environment and the penalty liabilities to be imposed upon the Respondent No.8.
9. The Deputy Commissioner, Palamu in his affidavit dated 02.04.2022 has stated that the High-Level Committee comprising of Additional Collector, Palamu, Sub-Divisional Officer, Sadar, Medininagar, District Mining Officer, Palamu and Circle Officer, Pandu, constituted by the Deputy Commissioner submitted its Report dated 29.03.2022 stating therein that Khata No.174, Plot No.1046, 1051 and Khata No.260, Plot No.1048 situated in Mouza- Kutmu, Thana No.559, Circle-Pandu, District-Palamu belong to the original Raiyat Sri Girendra Prasad Sinha. It was also stated that the Respondent No.8 had acquired possession over Khata No.174, Plot No.1046, Area-5.08 Acre, Plot No.1051, Area-1.63 Acre and Khata No.260, Plot No.1048, Area-4.65 Acre by way of mutual and private agreement between the original raiyat and Respondent No.8. Subsequently, mining lease for stone mineral has been granted to Respondent No.8. It is also stated that the Circle Officer was directed to demarcate the lease area and submit a report to the Committee which was submitted on 09.03.2022 in which it was stated that the Applicant, Dhjwa Phad Bachaw Sangharsh Samiti could not produce any legal document or evidence establishing a relationship between the plot in question i.e. No.1048, Khata No.260, Area-4.65 Acre and the Applicant, Dhjwa Phad. In the Inspection Report of an inspection carried out on 07.02.2022 and 23.03.2022, it was observed that excavations ranging in depth from 5 6 ft. to 10 ft. had been done by the Respondent No.8 over the alleged Plot No.1048 for construction of approach road to the Mining Lease area. The Committee therefore, recommended for assessment of Environmental Compensation for alleged illegal excavation by the Respondent No.8 without statutory approvals and clearances carried out on Plot No.1048, Khata No.260, Mouza- Kutmu, District Palamu.
10. It is stated by the Deputy Commissioner that the State Level Environment Impact Assessment Authority, Jharkhand, has granted Environmental Clearance for mining lease of stone mineral over an area of 5.08 Acres in Mouza-Kutmu, Thana-Pandu, Thana No.559, Khata No.174, Plot No.1046 in Palamu District to the Respondent No.8 and approval has also been granted by the Gram Sabha on 28.11.2020 in the resolution of the Gram Panchayat, Kutmu previously held on 28.11.2020. It is also stated that Environmental Clearance was granted on 14.08.2021 by SEIAA, Jharkhand.
11. The Jharkhand Pollution Control Board in its counter-affidavit dated 04.07.2022 has also stated that Consent to Establish (CTE) was granted to the Respondent No.8 on 03.11.2021 for Mouza- Kutmu, Khata No.174, Khesra No.1046 over an area of 5.08 Acres for a production capacity of Stone Boulder-400 TPD. It is also stated that the Inspection Report of the inspection which was carried out on 07.02.2022 would show that Khata No.206, Plot No.1048 is the Raiyati Land in possession of Sri Girendra Prasad 6 Sinha and he has given consent for all the three plots to the Mine Lease Holder Sri Suraj Kumar Singh, Respondent No.8 herein. Mine lease has been granted in favour of Sri Suraj Kumar Singh at Plot No.1046, but on Plot No.1048, the construction of Haul Road has been started. It is further stated that the Committee carried out an inspection on 23.03.2022 and submitted its Inspection Report dated 29.03.2022 with regard to M/s Kutmu Stone Mine on Plot No.1046 and it is stated that the Respondent No.8 has carried out excavation work at four places upto a depth which varies from 6 ft. to 10 ft. on Plot No.1048 for construction of road. The Committee also noted that the excavation was carried out for construction of Haul/Approach Road as per the Approved Mining Plan of the Respondent No.8 issued by the Additional Director, Geology, Hazaribagh vide letter dated 08.06.2021.
12. The stand of the Respondent No.8 in his affidavit is that he had acquired mining lease of Khata No.174, Plot No.1046 after following the due process of law and procedure enumerated as under: -
(i) Report of Circle Officer, Pandu, Palamu vide Letter No.254 dated 21.08.2020.
(ii) Report of Divisional Forest, Medininagar Forest Division.
Medininagar vide Letter No.1260 dated 24.03.2021.
(iii) Consent of Gram Panchayat Kutmu dated 28.11.2020 duly attested and forwarded by Block Development Officer, Pandu, Palamu on 12.01.2021.
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(iv) Letter of intent granted by Deputy Commissioner, Palamu and communicated by District Mining Officer, Palamu (DMO) vide Letter No.343/M dated 13.05.2021.
13. It is stated that thereafter the Mining Plan with progressive mine closure plan was approved by the Additional Director, Geology, Hazaribagh vide his letter dated 08.06.2021. It is also stated that the Respondent No.8 was required to seek No Objection Certificate (NOC) from the Deputy Director, Palamu Tiger Project, North Division, Medininagar which was granted on 05.06.2021 (at page no.150 of the paper book), and a certificate was also granted for the contiguous 500-meter distance certificate by the District Mining Officer, Palamu vide his letter dated 10.07.2021, page no.151 of the paper book. Thus, the contention of the Respondent No.8 is that he is carrying on legal mining on the basis of legitimate certificates and permissions duly granted by the concerned authorities on Khata No.174, Plot No.1046.
14. The allegation of the Applicant in the Original Application is with regard to excavation on Plot No.1046 of Khata No.174 and it is also alleged that Plot No.1046, Khata No.174 does not have any mineral in terms of stones and that there is a hill at a distance of 150 ft. from the plot but the Respondent No.8 has illegally obtained lease of Plot No.1046, Khata No.174 so that he can mine the hill (Dhjwa Pahad). It is also alleged that the Respondent No.8 started mining of hill which is situated on Plot No.1048 of Khata No.206. However, from the documents on record already alluded to by us herein above, it is quite clear that mining lease for stone mining 8 was granted to the Respondent No.8 for Plot No.1046, Khata No.174 and there a resolution of the Gram Sabha also to that effect and Environmental Clearance has also been granted by SEIAA, Jharkhand, therefore, the mining activity of the Respondent No.8 on Plot No.1046 cannot be said to be illegal.
However, so far as Plot No.1048 is concerned, the case of Respondent No.8 is that he has due sanction and permission for constructing Haul/Approach Road which has been duly approved by Additional Director, Geology, Hazaribagh.
15. It is also the stand of the Respondent No.8 that Plot No.1048 does not form part of the mine lease area and excavation on that plot is being done through private arrangements with concerned rayats. However, what we find from the Committee Report and averments made in Paragraph 20 of the affidavit of the Deputy Commissioner, Palamu dated 02.04.2022, is that the High-Level Committee has recommended for assessment of Environmental damage done during alleged excavation by Respondent No.8 without statutory approvals and clearances on Plot No.1048, Khata No.260, Mouza-Kutmu.
16. We, therefore, dispose of this Original Application with a direction to the Respondent No.9, Jharkhand State Pollution Control Board as well as the State Respondents, Deputy Commissioner, Palamu and District Mining Officer, Palamu to carry out a survey of the Plot No.1048 and determine the amount of earth (mineral) illegally excavated thereby causing damage to the 9 environment and thereafter, compute Environmental Compensation for the same. Environmental Compensation thus computed shall be recovered from the Respondent No.8 in accordance with law after giving him show cause notice and an opportunity of being heard. This exercise shall be completed within three months. The amount of Environmental Compensation recovered will be used for restitution of the environment.
17. With the aforesaid directions, the Original Application No.13/2022/EZ is disposed of.
18. There shall be no order as to costs.
........................................ B. AMIT STHALEKAR, JM ........................................ SAIBAL DASGUPTA, EM Kolkata July 20, 2022 Original Application No.13/2022/EZ MN 10