National Green Tribunal
C R Vijayakumar vs Seiaa on 20 September, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.11:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 101 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
C.R. Vijaykumar
S/o. M.C. Ranganathan
No.223/1, Bajanai Kovil Street,
Unamancheri, Chennai.
...Applicant(s)
Versus
The Member Secretary,
State Environment Impact Assessment Authority,
3rd Floor, Panagal Maligai,
No.1, Jeenis Road, Saidapet, Chennai and Ors.
...Respondent(s)
Date of hearing: 20.09.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Ms. Ojas Sivakumar represented
Mr. M.R. Gokulkrishnan for R1.
Mr. S. Sai Sathya Jith for R2.
Dr. D. Shanmuganathan for R3 to R5.
Mr. K. Venkatta Subban for
M/s. Sarvabhauman Associates for R6.
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ORDER
1. As per order dated 16.04.2021, this Tribunal had admitted the matter and appointed a Joint Committee to go into the question and submit a report and posted the case to 28.05.2021 for that purpose. On 28.05.2021, it was adjourned to 22.06.2021 for appearance of parties, completion of pleadings and consideration of report, as the report has not been filed by the joint committee or the regulators. Thereafter, the matter has been adjourned from time to time by successive notifications and lastly, it was adjourned to today as per notification dated 24.08.2021.
2. The 6th respondent has filed their counter along with the documents.
3. The Tamil Nadu Pollution Control Board has filed the report signed by the Additional Chief Environmental Engineer dated 28.07.2021 e-filed on 03.08.2021 and received on 13.08.2021 which reads as follows:-
"REPORT FILED ON BEHALF OF THE RESPONDENT
- TAMIL NADU POLLUTION CONTROL BOARD.
I, R. Vijayabaskaran, Son of E. Rathnam, Hindu, aged about 59 years, having my office at 76, Mount Salai, Guindy, Chennai-600032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Additional Chief Environmental Engineer, Tamil Nadu Pollution Control Board (TNPCB), Chennai - 32, and filing this Report on behalf of the Respondents Tamil Nadu Pollution Control Board (TNPCB) and as such I am well acquainted with the facts of the case from the records.
2. It is respectfully submitted that Thiru C.R.Vijayakumar has filed an application before the Hon'ble National Green Tribunal Page 2 of 7 (Southern Zone) in O.A. No. 101 of 2021 regarding the illegal mining in a stone quarry located at SF No. 273/1, 319/1, 326/1A, 326/4 and at SF No. 275/2A, 2B,2C, 2C2A, 2C2B, 2020,2D1,3,4,5,276/3 & SF. No. 324/1,324/2,326/2A, 326/2B, Oonamancheri Village, Vandalur Taluk, Chengalpattu District.
3. It is respectfully submitted that when the case came up for hearing on 16.04.2021, the Hon'ble National Green Tribunal (Southern Zone) has stated inter alia that :
"In order to ascertain the genuineness of the allegations made in the application and also the violations, if any, alleged to have been committed by the 6th respondent in carrying out the quarrying operation in the disputed area narrated in the application, we feel it appropriate to appoint a joint committee comprising of (1) District Collector, Chengalpattu District or a Senior Officer not below the rank of Assistant/Sub Divisional Magistrate as deputed by the District Collector, Chengalpattu (2) a Senior Officer from the State Environment Impact Assessment Authority (SEIAA),(3) a Senior Officer from the Directorate of Geology and Mining Department as deputed by its Director and (4) a Senior Officer from the Tamil Nadu Pollution Control Board(TNPCB) as deputed by its Chairman to inspect the area in question and submit a factual as well as action taken report, if there is any violation found"
"The respondents are also directed to file their independent responses to the allegations made in the application to this Tribunal before the next hearing date by e-filing"
4. It is respectfully submitted that in the said area in question there are two quarries operated by the unit of M/s. Aravind Stone Quarry at 275/2A, 2B, 2C1,2C2A,2C2B, 2C2C,2D1,3,4,5,277/3 and another at S.F.No. 324/1,324/2, 326/2A, 326/2B Oonamancheri Village, Vandalur Taluk, Chengalpattu District. The details of each stone quarry is submitted as follows I. M/s. Aravind Stone Quarry, S.F.No. 275/2A, 2B, 2C1, 2C2A, 2C2B, 2C2C, 2D1, 3, 4, 5, 277/3, Oonamancheri Village, Vandalur Taluk, Chengalpattu District The above said unit has obtained Environmental Clearance Page 3 of 7 (EC) dated: 03.10.2018 from the District Level Environment Impact Authority, Kancheepuram District for the period of five years vide Lr.No.DEIAA DIA/TN/MIN/1303/Q2/2017-KPM, EC. No.25- 2018 dated 03.10.2018 to carry out mining in an extent of 1.10.50 Hectares for an approved quantity of Rough stone -1, 54,190 cubic meter and Gravel-27594 Cubic meter.
The unit has executed quarry lease agreement with District Collector;Kancheepuram District dated 08.11.2018 valid up to 07.11.2023 (Five years) for carrying out mining of Rough stone - 1, 54,190 cubic meter and Gravel-27594 Cubic meter respectively.
The said unit has obtained consent to operate under the Water(P&CP) Act, 1974 and the Air (P&CP) Act, 1981 from the TNPC Board vide proceedings No. F.2037MMN/RS/ DEE/TNPCB/MMN/W&A/ 2018 dated 30.11.2018 valid up to 31.03.2023 for quarrying of Rough Stones - 154190 Cubic meters for 5 years and Gravel -27594 Cubic meter for 5 years.
II. M/s. Aravind Stone Quarry, S.F.No. 324/1,324/2,326/2A,326/2B, Oonamancheri Village, Vandalur Taluk, Chengalpattu District
The above said unit has got the Environmental Clearance (EC) dated: 03.10.2018 from the District Level Environment Impact Authority, Kancheepuram District for the period of five years vide Lr.No.DEIAA-DIA/TN/MIN/1302/Q2/2017-KPM EC.No.24-2018 dated 03.10.2018 to carry out mining in an extent of 0.95.50 for an approved quantity of Rough stone - 33490 Cubic meter and Gravel- 16848 Cubic meter.
The unit has executed quarry lease agreement with District Collector; Kancheepuram District dated 08.11.2018 valid up to 07.11.2023 (five years) for carrying out mining of Rough stone - 33490 Cubic meter and Gravel- 16848 Cubic meter respectively.
The said unit has obtained consent to operate under the Waterand Air Acts from the TNPC Board vide proceedings No.F.20 38MMN/RS/DEE/TNPCB/MMN/W&A/2018dated 30.11.2018 val id up to 31.03.2023 for Quarrying of Rough Stones - 33490 Page 4 of 7 Cubic meters for 5 years and Gravel -16848 Cubic meter for 5 years.
5. It is respectfully submitted that the above said quarries were inspected on 20.07.2021 and the following observations were made
i) The unit of M/s. Aravind Stone Quarry has carried out mining of rough stone located at SF No. 275/2A, 2B, 2C1, 2C2A, 2C2B, 2C2C, 2D1, 3, 4, 5, 277/3. The said quarry was not in operation during the time of inspection and also it was informed that there is no quarrying activity in the said quarry for the last one year.
ii) The unit of M/s. Aravind Stone Quarry located at SF No. 324/1,324/2,326/2A, 326/2B was in operation and quarrying activity was found carried out by the said unit.
iii) The unit is carrying out manual water sprinkling after blasting and during loading of the blasted materials.
iv) The above said quarries are located adjacent separated by two abandoned quarries.
v) The abandoned quarries were found filled with rain water.
6. It is respectfully submitted that the photographs taken during the time of inspection is enclosed herewith as Annexure -I Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstance of this case and thus render justice. "
4. Quite unfortunately, this report is also very vague and evasive. They did not mention anything about the compliance or non-compliance of the conditions issued in the Environmental Clearance (EC) or Consent given by the Board. They have not mentioned as to whether any of the Page 5 of 7 conditions imposed have been violated and if so, what is the nature of action taken as well. They did not also mention as to whether any pollution has been caused on account of operating the unit as well.
5. When this was pointed out, the learned counsel appearing for the Pollution Control Board submitted that they will come with a detailed report incorporating all these aspects independently, apart from filing the report as a member of the committee.
6. The learned counsel appearing for the State departments is not in a position to say as to whether any inspection has been conducted by the joint committee at all. That also shows the sorry state of affairs of high officials who are expected to protect the environment and file the reports to this Tribunal in time to ascertain the nature of violations (if any) committed and also give necessary directions to protect environment in an effective manner.
7. When this was pointed out, the learned counsel appearing for the State department submitted that they will instruct the officials to conduct inspection and submit a report to this Tribunal without delay.
8. The Tamil Nadu Pollution Control Board as well as the committee are directed to submit the report as directed by this Tribunal on or before 22.10.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
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9. The Registry is directed to communicate this order to the members of the committee, official respondents including the Chief Secretary, State of Tamil Nadu, Principal Secretary for Environment, Regional Office, MoEF&CC, Chennai, Chairman, SEIAA, Tamil Nadu, Director of Mines and Geology by e-mail immediately for their information and giving direction to the subordinate officials to comply with the direction without delay so as to avoid further coercive action taken that can be by this Tribunal.
10. The Head of the departments are also directed to verify the reports submitted before this Tribunal before it is being filed so as to ensure that all necessary things directed by this Tribunal have been answered in the report filed by them.
11. For completion of pleadings and consideration of report, post on 22.10.2021.
Sd/-
......................................J.M. (Justice K. Ramakrishnan) Sd/-
.................................E.M. (Dr. K. Satyagopal) O. A. No. 101/2021 (SZ) 20th Setptember, 2021. Mn.
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