National Green Tribunal
Ashok G vs State Of Karnataka Rep. By Its ... on 14 February, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No. 04 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 271/2017(SZ)
Ashok. G and Ors. Applicant(s)
Versus
State of Karnataka, Bangalore and Ors. Respondent(s)
Date of hearing: 14.02.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Appellant: Mr. B. Mohan, Advocate
Respondent(s): Mr. Rajat Jonathan Shaw for Mr. Darpan K.M. for R1.
Mr. R. Thirunavukarasu for R3.
ORDER
1. Grievance in this application is against the operation of quarrying and stone crushing activities in Andinje Village of Dakshina Kannada District of Karnataka in violation of environmental norms by Respondent No. 10 and 11 - N. Santhosh Kumar Shetty and D. Harshendra Kumar.
The application was filed on 30.10.2017 and has been dealt with by several orders in the last more than four years. The affected parties have filed their respective replies. Under orders of this Tribunal, a joint Committee has also given its report to which objections have been filed.
The Committee has given further report dealing with said objections.
12. We may now refer to some of the orders of this Tribunal. On 30.11.2017, the Tribunal issued notice to the opposite parties. On 06.03.2020, the Tribunal reviewed the proceedings comprehensively.
Reference was also made to earlier proceedings on the issue before the Karnataka High Court in W.P. No. 58903/2013 which was disposed of as withdrawn on 26.06.2014 in the light of amendment to the Karnataka Regulation of Stone Crusher Act, 2011 by Karnataka Regulation of Stone Crusher (Amendment) Act, 2013. The Tribunal appointed a joint Committee comprising of District Collector, Dhakshina Kannada District, Karnataka State Pollution Control Board, a senior officer from Department of Mines and Geology, Regional office of Ministry of Environment, Forest (MoEF), Bangalore to ascertain current status of compliance of environmental norms. The Committee filed its report, which was referred to in the order dated 21.01.2021. The report found the projects in question to be compliant except for certain recommendations to address the adverse impact on environment. On 24.06.2021, objections of the applicant to the report were taken up for consideration and the same joint Committee was required to give its response to the objections. The response has accordingly been filed by the joint Committee on 03.09.2021 which find mention in the order dated 29.09.2021. The applicants have been permitted to file their further response to the further report of the Committee.
3. We have heard learned Counsel for the parties and perused the record.
4. The issues raised by the applicants are with regard to the compliance of siting norms in establishing the project and violation of other environmental norms during operation of the projects. The 2 Committee has given its report point-wise, after undertaking visit to the site. There are two stone crushers i.e. (i) M/s. Sanidhya Crusher (ii) M/s.
Durgamaba Constructions. The report mentions details of the licenses for the stone crusher/quarry, grievance of the applicant, distance from environmentally sensitive locations and compliance of environmental norms, with reference to the consent conditions followed by concluding remarks. The reports are reproduced below which separately deal with two stone crushers and quarries in question as follows:
"REPORT PERTAINING TO M/S. SANIDHYA CRUSHER (SRI. D. HARSHENDRA KUMAR), SY. NO. 121/1B, 121/2, ANDINJE VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT Preliminary discussion were carried out at the site during inspection, both with the industries as well as with the applicants who were present at the site.
Observations made during inspection:
> The stone crusher were in operation at the time of inspection. > On spot, location details of Sanidhya crusher were captured infront of the complainants and its distances with respect to complainant‟s house and roads were measured by using Garmin GPS instrument.
> The crusher area is covered by GI sheets and crusher boundaries have also covered with GI sheets windbreak wall all along the periphery adjacent to the road. > The crusher operations were in compliance to the provisions of Sec 6 & 6A of Karnataka Regulation of Stone Crusher Amendment Act, 2013.
> The quarry was filled with rain water at the time of inspection. > Quarry activity is carried out within the marked boundaries and there found no encroachment.
> Generator set shed of crusher which is located outside the safer zone which is at a distance of 76 meters from the safer zone boundary.
> The crusher is being operated within the specified area as per the siting criteria i.e in safer zone. However, the building materials like graded jelly were stored outside the safer zone area belonging to the crusher owner.
> The project authorities have covered crusher/ quarry area by natural vegetation. However, project authorities need to have more thick foliage plantations in the 7.5 buffer along the boundary.
Details of Licences obtained by the Stone crusher/Quarries: > Form B1 was issued by District Stone Crusher Licensing authority & Deputy Commissioner, Dakshina Kannada 3 District, Mangalore for 1.50 acre safer zone vide No.21/2014 dated:10.09.2014 (Enclosed as Annexure-11). > Form-C was issued by the District Stone Crusher Licensing authority & Deputy Commissioner, Dakshina Kannada District Mangalore vide License No.01/2014-15/5623 dated:10.12.2014 valid upto 31.03.2019 (Annexure-12)and further renewed vide Licence vide No.:01(R-1)/2019-20/868 dated:01.07.2019 is valid upto 31.03.2024 (Enclosed as Annexure-13). Further validity of Form-C was extended upto 31.03.2033 (Copy enclosed as Annexure-14).
> The crusher authorities have valid Consent for Operation issued under the Water Act,1974 and Air Act, 1981 vide Combined Consent No. AW-314594 dated :04.09.2019 and having validity upto 31.03.2024 (Enclosed as Annexure-15). > Environmental Clearance under EIA Notification,2006 for the quarries Quarry Leases have been obtained from District Level Environmental Impact Assessment Authority, Dakshina Kannda as follows:
1. EC for Quarrying of building stone at Sy.No.95/1P1 extent of 1.20 acres Govt land vide No.DEIAA/DK/01/MIN/2018-19 dated: 08.07.2016 (Annexure-16).
2. EC for Quarrying of building stone at Sy.No.95/1 extent of 6.50 acres Govt land vide No.DEIAA/DK/06/MIN/2018-19 dated:16.08.2018 (Annexure-17).
3. EC for Quarrying of building stone at SY.No.129/2 extent 1.34 acres Private land vide No. DEIAA/DK/02/MIN/2018-19 dated:16.08.2018 (Annexure-18).
> Quarry Leases have been obtained from Department of Mines and Geology, Dakshina Kannada as follows:
1. Quarry lease No. DKD-117: Sy.No.95/1P1 extent of 1.2 acres in Govt land , granted on date:06.08.2008, renewed on date:14.07.2016 and further extended for 20 years from the date of grant i.e, upto 06.08.2028 (Annexure-19).
2. Quarry lease No. DKD-391: SY.No.95/1 extent of 6.50 acres in Govt land granted on date :01.10.2018 for a period of 20 years (Annexure-20).
3. Quarry lease DKD-392: SY.No.129/2 extent 1.34 acres in Private land granted on date :01.10.2018 for a period of 20 years (Annexure-21).
Table 2: Permissions/Licenses/clearances issued by various Competent Authorities is as follows:
Sl. Permissions/Licenses Validity Issuing Authority No. 1 Form B1 Obtained District Stone 2 Form-C 31.03.2033 Crusher Licensing authority & Deputy Commissioner, Dakshina Kannada 4 District, Mangalore 3 Consent for Operation 31.03.2024 RSEO,KSPCB,ZO Mangaluru 4 Environmental Clerance for Obtained Member Secretary the quarries District level Sy.No.95/1P1 extent of 1.2 Environmental acres Impact Assesment Sy.No.95/1 extent of 6.50 Authority, D.K. acres Sy.No.129/2 extent 1.34 acres 5 Quarry Leases 10 years (2028) 20 Department of Mines Sy.No.95/1P1 extent of 1.2 years (2038) 20 years and Geology, acres (2038) Dakshina Kannada.
Sy.No.95/1 extent of 6.50 Sy.No.129/2 extent 1.34 Grievances/views expressed by the applicant The committee requested the applicants to express their views/concerns on operation of the crusher and quarry. The Counsel Sri Chidanada Poojary who was present on behalf of Sri Ashok Devadiga, Sri Ashok Devadiga who was also present himself and Vasanth Devadiga expressed their views as follows:
Distance from the safer zone to the near by road is not as per standards: The distance was measured from the nearest co-ordinates to the road (falls under other road category). Distance measured was recorded as 51 m.
They are facing problem due to quarry activity mainly during blasting operations, the houses are damaged, borewells are failed.
At the time of inspection, Vibration tests were conducted by the experts from National Institute of Technology, Karnataka, Surathkal to the ascertain the nature of vibrations generated during blasting in the quarry. However, the complainants alleged that blasting is not carried out in full capacity. The committee opined to conduct vibration test once again with full blasting capacity. Once again on 29.07.2021 vibration test has been again conducted in presence of complainant and mahazar was drawn (Annexure-22) Photography and vediogrpahy of blasting activity and vibration test was also done (Annexure-23).
The vibration test report submitted by Dr. K. Ram Chandar, Dept. of Mining Engineering, NITK-Surathkal (Govt. of India) concludes that in India, the Directorate General of Mines Safety (Government of India) have suggested safe limits of ground vibrations for different categories of structures, with different frequencies as per (DGMS (Tech) (S&T) Circular No.7 of 1997 Dhanbad, dated the 29th August, 1997). Based on the above criteria, a residential house can be given a permissible PPV of 5mm/s. During the field studies carried out at the quarry of Sri. Harshendra Kumar, it can be stated that the ground vibrations generated from blasting operations carried out 5 on 22nd July 2021 & 29th July 2021 do not have any effect on the houses of Sri. Vasanth Devadiga and Sri. Ananda. Detailed report enclosed as Annexure-24 Agricultural crops are lost due to dust nuisance, discharge of dust into the nalha water Flow of stone dust in the natural drain storm water:
The water sample from the storm water drain was collected and submitted to NITK for analysis. The analysis report dated: 06.08.2021 reveals that all the parameters are well within the standard. Copy of report enclosed as Annexure-25.
Contamination of Open well water:
Water samples of open well belonging to Sri Vasanth Devadigas residence at Kadambila House, Andinje Village , Belthangadi Taluk, D.K District were collected and submitted to NITK for analysis. The analysis report dated:06.08.2021 reveals that the parameters are well within the tolerance limit as per IS 10500- 2012 except for pH & Coliform. Copy of report enclosed as Annexure-26.
Loss of agricluture yields:
In this regard opinion of the agriculture department was sought and the Joint Director of agriculture, Dakshina Kannada has opined that currently no damage has been noticed in 30 day old standing crop ( Annexure-27).
The salient features along with distance and GPC Co- ordinates around the quarry and the stone crusher are seen in the map shown below:
On spot, location details of Sanidhya crusher were captured infront of the complainants and its distances with respect to complainant‟s house and roads were measured by using Garmin GPS instrument which are as follows:
Distance and GPC Co-ordinates around the quarry and the Stone crusher Sanidhya Points Latitude Longitude Crusher Safer A N 13° 03‟ 07.50‟‟ E 75° 08‟ 35.90‟‟ Zone Area B N 13° 03‟ 09.70‟‟ E 75° 08‟ 36.10‟‟ C N 13° 03‟ 10.10‟‟ E 75° 08‟ 33.50‟‟ D N 13° 03‟ 08.30‟‟ E 75° 08‟ 32.40‟‟ FROM TO GPS COORDINATES DISTANCE Sanidhya Crusher DG set house N13° 03‟ 5.36‟‟ 76 Meter Safer Zone Area (A-D E 75° 08‟ 33.94‟‟ boundary line) Sanidhya Crusher (D Vasanth Devadiga N 13°03‟ 4.51‟‟ 125 Meter Point) house Sanidhya Crusher (A E 75° 08‟ 32.46‟‟ 140 Meter 6 Point) Sanidhya Crusher (D Nearest Road N 13° 03‟ 8.20‟‟ 51 Meter Point) E 75° 08‟ 30.77‟‟ Distance between Diesel Generator set shed of crusher and Safer Zone boundary line of Sanidhya crusher ( from point A-D ) is 76 Meter Distance between D point and A point of Safer zone boundary of Sanidhya crusher and Vasanth Devadiga house is 125 meters and 140 meters respectively.
Distance between D point of Safer zone boundary of Sanidhya crusher and nearest road is 51 meters No school and temple exists at a distance of 500 meters from the safer zone.
Distance from Quarry and Surrounding Feature Quarry lease No.117 Harshendra kumar SY. Points Latitude Longitude NO.95/1 extent 1.20acres A N 130 03' 12.50' E 750 08' 37.00'' Govt land B N 130 03' 12.60'' E 750 08' 38.00'' C N 130 03' 08.90'' E 750 08' 39.40'' D N 130 03' 09.00'' E 750 08' 37.40'' > Nearest House (Sri.Vasantha Devadiga) 200M away.
> Nearest Approach ROAD 200M away.
> Complainant-1 Ashok G house - 834M
away
> Complainant- 2 Ananda P - 627M away.
> Nearest Residences-12 houses (500M
away)
Quarry lease NO.391 Points Latitude Longitude
Harshendrakumar A N 130 03'13 .80'' E 750 08' 37.30''
SY.No.95/1 extent 6.50 B N 130 03' 14.90'' E 750 08' 41.20''
acres Govt land C N 130 03' 18.60'' E 750 08' 42.40''
D N 130 03' 22.70'' E 750 08' 40.60''
E N 130 03' 22.90'' E 750 08' 38.60''
F N 130 03' 20.91'' E 750 08' 37.85''
G N 130 03' 20.10'' E 750 08' 39.10''
H N 130 03' 19.60'' E 750 08' 38.50''
I N 130 03' 18.70'' E 750 08' 39.50''
J N 130 03' 18.00'' E 750 08' 39.20''
K N 130 03' 18.40'' E 750 08' 37.60''
L N 130 03' 17.70'' E 750 08' 37.90''
Nearest House (Vasantha) 324M away ,
Nearest Approach ROAD 210M away,
Complainant 1 Ashok G house - 680M away
Complainant-2 Ananda maiekudiya - 517M
away.
Nearest Residences-12 (305M away
7
Quarry lease No.392
Harshendrakumar Points Latitude Longitude
SY.NO.129/2 extent 1.34 A N 130 03' 17.70 E 750 08' 37.90''
acres Private land B N 130 03' 17.70 E 750 08' 36.70''
C N 130 03' 21.10 E 750 08' 37.40''
D N 130 03' 20.30 E 750 08' 39.20''
E N 130 03' 19.00 E 750 08 38.70'
F N 130 03' 18.70 E 750 08 39.50'
G N 130 03' 18.00 E 750 08 39.20''
H N 130 03' 18.40 E 750 08 37.60''
Nearest House Vasantha 324M away
Nearest Approach Road 250M away
Complainant-1 Ashok G house - 840 M away, Complainant-2 Ananda maiekudiya - 517M away, Jagadhish - 440 M away, Nearest Residences-12 houses (305M away) Compliance Status of Stone Crusher Unit to Consent order No AW-314594 dated: 04.09.2019 and having validity upto 31.03.2024 of KSPCB:
The Consent for Operation issued by KSPCB under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 vide No. Combined Consent No. AW-314594 dated:04.09.2019 and having validity upto 31.03.2024.
Further, compliance to consent conditions issued by this KSPCB was verified and found that the compliance is satisfactory. Industry has implemented physical measures for controlling the dust emissions at the site, such as, covering of the Jaw crushers, secondary crushers and vibratory screens, covering the conveyor belts with semi-circular sheets, providing wind breaking walls, etc., However, there is gap with respect to regular ambient air quality and noise monitoring and submission of reports by the crusher Authorities from time to time to the statutory body.
Sl Conditions Compliance Status
No.
1 The jaw crusher, the chute and conveyor Jaw Crusher, Conveyor systems are
system of crushed stone to be covered covered with semi circular GI sheets
with suitable semi circular M.S. Sheet /Zinc sheet, etc. Suitable exhaust and venting system of adequate capacity to be provided to guide the dust emanating from the crushers into the stack.
2 The rotary screen to be completely There is vibratory screen instead of covered, leaving space at bottom for rotary screen and the same is collection of the sieved jelly. covered with GI sheets 3 The conveyor belts, chutes especially Conveyor belts & chutes are covered carrying smallest particles should be with GI sheets. Closed bunker covered with semi circular M.S. Sheets provided for loading of finished 8 and heaps shall be located in appropriate products.
sheds wherever possible with all possible arrangements to prevent escape of dust during loading and unloading operation. 4 The Suspended Particulate Matter as The industry is not submitting the measured at a distance between 3 m & AAQM monitoring reports. 10 m from any source of dust emission However, the monitoring conducted shall not exceed 600 µg/nm3 . The by the KSPCB on 22.07.2021 reveals measurements are to be made at least that the suspended particulate once in 6 months every year and report matter is 27.9 µg/m3 at 3 m and shall be submitted to the Board. 50.02 µg/m3 at a 10 m. The results are within the permissible limits.
5 Suitable Water sprinkling system shall be Jaw Crushers, Conveyors & Vibratory provided to reduce the dust from each screens are provided with water dust generation area. sprinkling system. 6 The Industry shall provide all around Provided about 15-20 feet GI sheet covering of the premises by using G.I. compound wall on 3 sides and sheet (1.66 mm and 1.25 mm thickness) provided with water sprinkling for a height of 6 m with regular water systems. The fourth side is stone hill sprinkling arrangement to suppress the which is part of the quarry dust generation.
7 The applicant shall provide barricades Provided about 15-20 ft. GI sheet (G.I. Sheets)/Wind breaking walls of boundary wall on 3 sides height 20 feet on all three sides of the crusher area.
8 Noise level as measured from the Industry is not submitting the periphery of the industry should not monitoring report of noise levels. exceed 75 dB (A) leq during day time & The Noise level monitoring was 70 dB (A) leq during night time conducted by KSPCB on 22.07.2021 reveals that the noise levels during day time is 63.4 dB(A)and at night its 58.2 dB(A) and the noise levels are within the stipulated norms.
9 The applicant shall adopt following 1. Crusher units are covered with GI pollution control measures. sheets and provided with water
1. Dust containment-cum-suppression sprinkler systems for dust system for the equipment. suppression.
2. Construction of wind breaking walls. 2. Wind breaking walls provided.
3. Regular cleaning and wetting of the 3. Provisions made for regular ground within the premises. wetting of the ground within the
4. Greenbelt along the periphery. premises by the industry.
5. Metalled Roads inside the Crusher 4. Planted trees and saplings along premises. the periphery of the crusher unit
5. Not done metalled road within the premises.
10 The applicant shall provide a roof with Complied gradual slope/ Curvature so as to prevent Compliance made with respect to the conditions stipulated under Section 6A-(2) (13) and 6A-(2)(4) of the Karnataka Regulation of Stone Crushers (Amendment) Rules, 2013.
Stipulated conditions Compliance made by the crusher authorities Stone crushers shall provide 15 to 20 Crusher unit is covered by 15-20 feet GI sheet feet wall/GI sheet protection on all the on all the sides.
9three sides in addition to the air pollution control measures.
Provide material transfer point such as Conveyor belts are covered with GI Sheet hopper bottom/product unloading conveyor to be covered suitably to prevent dust release into the atmosphere Ensure that where complete Primary crusher- covered with GI sheet enclosures are not possible such as Secondary Crushers- Covered with GI Sheet openings in jaw crushers side and Vibratory Screens- covered with GI sheet bottom they are to be covered suitably Conveyor belts - Covered with GI Sheet with GI sheets/ rubber flap or any other material to prevent dust release into the atmosphere Ensure that telescopic chutes are Bunker System Adopted provided at product unloading conveyor to prevent dust release into the atmosphere during free fall of material from height. These chutes can be adjusted in length according to size of the heap.
Provide effective dust suppression Crusher authorities have provided water system comprising of spraying of fine sprinkling system at crusher points & in the water mist through special nozzles shall surroundings also. be carried out over the dust generation sources to suppress the dust cloud All stone crushing units shall provide Crusher location is surrounded with green adequate green belt comprising cover naturally. They have also provided evergreen high foliage type of trees like plantations at the entrance and around the Neem, tamarind, gold Mohar, flame of crusher plant. the forest and any other Monitoring of Ambient air quality:
KSPCB has conducted the ambient air quality monitoring through M/s. Hubert Enviro Care Systems Pvt. Ltd., Baikampady Mangalore (NABL empanneled and MOEF &CC recognised Laboratory) at the distance of 3m and 10 m away from the crusher on 22.07.2021 for the analysis of Suspended particulate matter. Monitoring was carried out for 24 hrs and the results of analysis obtained are meeting the NAAQM standards. Results of monitoring are as below:
Date of sampling Sampling location SPM - µg/m3 (24 hr Standard (NAAQ Avg) CPCB Standard) 22.07.2021 3m from Crusher Site 29.7 (200 µg/m3) 22.07.2021 10m from Crusher 5.02 Site Monitoring of analysis report reveals that the parameter SPM is well within the permissible standards. The analsysis report is enclosed as Annexure-28.10
Monitoring of Noise: The Noise level monitoring was conducted by KSPCB through M/s. Hubert Enviro Care Systems Pvt. Ltd., Baikampady Mangalore (NABL empanneled and MOEF &CC recognised Laboratory) on 22.07.2021 reveals that the noise levels during day time is 63.4 dB(A)and at night its 58.2 dB(A) and the noise levels are within the stipulated norms Analysis report is enclosed as Annexure-29.
Photos were taken during joint inspection are enclosed as Annexure- 30.
Concluding Remarks of the Committee:
> All the three quarries are having Environmental Clearance from DEIAA, Manglore and are having valid quarry lease.
> Stone crusher is established in the safer zone which meets the required criteria mentioned in the The Karnataka Regulation of Stone crushers Act, 2011 as amended in 2013 and licence is extended further for twenty years as per gudie lines issued in the Karnataka Regulation of Stone crushers Amendement Act, 2020. However, the distance measured from the nearest co- ordinates to the road (falls under other road category), distance measured was 51 m.
> The crusher is being operated within the specified area as per the siting criteria i.e in safer zone. However, the building materials like graded jelly were stored outside the safer zone area belonging to the crusher owner. Any such material to be stored within the safer zone only.
> The Consent for Operation issued by KSPCB under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 vide No. Combined Consent No. AW-314594 dated:04.09.2019 and having validity upto 31.03.2024. The Form-C issued by the District Stone Crusher Licensing authority vide No.01(R-1)/2019-20/868 dated:01.07.2019 is valid upto 31.03.2024. > Regarding compliance of the stone crusher to the consent order of KSPCB, the industry has provided the air pollution control mechanism such as covering of the primary and secondary crushers units, conveyor belts, vibratory screens, providing of wind breaking walls etc., for containing the fugitive dust emissions from these non- point sources of pollution, however, there is gap with respect to compliance monitoring and reporting to the statutory body from time to time by the crusher authorities.
> Generator set shed of crusher which is located outside the safer zone placed at a distance of 76 meters from the safer zone boundary, it is required to be shifted within the safer zone area.11
> Ambient air quality monitoring results with respect with SPM are within are within the prescribed National air quality standards.
> The Noise level monitoring levels are within the stipulated norms.
> At present, the agricultural crops were not affected due to the said activity.
> The house of Sri Vasanth Devadiga A-2 is not affected to due blasting activity as per the vibration test report.
> The quarry authorities have not submitted the mandatory half yearly EC compliance report to the concern departments and there are ceratin non- complainces of EC conditions to which the project authority has been directed to take necessary action and comply with the EC conditions and submit report by first week of October, 2021 . Any failure will attract enforcement action under the Environment (Protection) Act,1986 for EC violation by SEIAA, Karnataka as per the S.O 637(E) dt 28.02.2014. Copy of notices issued to Quarry authorities is enclosed as Annexure-31. > There is a scope to take up more plantation in the area surrounding quarry and crusher as per EC Condition.
3. REPORT PERTAINING TO M/s. DURGAMABA CONSTRUCTIONS (Sri. Santhosh Kumar Shetty), SY.NO.3/2,8,11,17&18, ANDINJE VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT Observations made during inspection:
> The stone crusher were in operation at the time of inspection.
> The crusher and quarry is being operated within the designated area as per the siting criteria i.e stone crusher in safer zone and quarry within marked boundaries > The quarry was filled with rain water at the time of inspection.
> The quarry activity is carried out within the marked boundaries and there found no enchroachment. > The crusher operations were in compliance to the provisions of Sec 6 & 6A of Karnataka Regulation of Stone Crusher Amendment Act, 2013.
> The project authorities have covered crusher/ quarry area by natural vegetation.
However, project authorities need to have more thick foliage plantations in the 7.5 buffer along the boundary. > The crusher area is covered by GI sheets and crusher boundaries have also covered with GI sheets windbreak wall > The sample of water collected from the storm water drain passing from nagabana katta pond near the premises of M/s. Durgamba Crusher and the sample was submitted to Department of Chemical Engineering, NITK, Surathkal as per the request made by the applicants.12
Details of Licences obtained :
Form B1 was issued by District Stone Crusher Licensing authority & Deputy Commissioner, Dakshina Kannada District, Mangalore 2.0 acre safer zone vide No.02/2015- 16/2393 dated:31.07.2015 (Enclosed as Annexure-32).
Form-C was issued by the District Stone Crusher Licensing authority & Deputy Commissioner, Dakshina Kannada District Mangalore vide License No.38/2016- 17/657 dated:02.05.2016 valid upto 31.03.2021 (Enclosed as Annexure-33 )and further renewed vide Licence vide No.:DK/SCL 38 /2020-21/397 dated:26.04.2021 is valid upto 31.03.2036 (Annexure- 34).
The Consent for Operation issued under the Water Act,1974 and Air Act, 1981 vide Combined Consent No. AW-323667 dated :08.02.2021 and having validity upto 30.09.2030. (Annexure-35 ).
Environmental Clerance under EIA Notification,2006 for the quarries Quarry Leases have been obtained from State Level Environmental Impact Assessment Authority, Karanataka as follows: 1. EC for Quarrying of Building Stone at Sy.No.136/3 extent of 2.70 acres patta land vide No.SEIAA/1350/MIN/2015 dated:07.01.2016 (Annexure-
36).
Department of Mines and Geology, Dakshina Kannada has granted the Quarry Lease in favour of Sri Santhosh Kumar Shetty. Quarry lease No. DKD-360: SY.No.136/3 extent of 2.70 acres patta land renewed dated:26.05.2016 and extended upto 20 years from 26.05.2016 (Annexure- 37).
Permissions/Licenses/clearances issued by various Competent Authorities is as follows:
Sl. Permissions/ Validity Issuing Authority No. Licenses 1 Form B1 Obtained District Stone Crusher 2 Form-C 31.03.2036 Licensing authority & Deputy Commissioner, Dakshina Kannada District, Mangalore 3 Consent for Operation 30.09.2030 RSEO, KSPCB, ZO Mangaluru 4 Environmental Clearance for Obtained Member Secretary the quarries State level Environmental Sy.No.95/1P1 extent of 1.2 acres Impact Assessment Sy.No.95/1 extent of 6.50 acres Authority, Karnataka Sy.No.129/2 extent 1.34 acres 5 Quarry Leases 20 years Department of Mines and (2036) Geology, Dakshina Sy.No.95/1P1 extent of 1.2 acres Sy.No.95/1 extent of 6.50 Kannada.
Sy.No.129/2 extent 1.34 13 Grievances/views expressed by the applicant The committee requested the applicants to express their views/concerns on operation of the crusher and quarry. The Counsel Sri Chidanada Poojary who was present on behalf of Sri Ashok Devadiga, Sri Ashok Devadiga who was also present himself and Vasanth Devadiga expressed their views as follows:
> Concern regarding the diversion of storm water drain:
The committee opined and made it clear that there were no such physical changes/diversions caused to the drain as alleged.
> Regarding distance of Durgamba Quarry to the Bramharapadavu Forest:
As per the records available with the Forest Division of MoEF & CC, the Bramharapadavu is not a Reserve Forest. Further, the Environmental Clearance granted to the project did not stipulate any buffer distance to be maintained between the quarry and the above forest. It may also be noted that the above issue has not been raised by the applicant either in their Original Application or his objections submitted on the Report of Joint Committee.
> Regarding the flow of stone dust in the natural storm water drain and loss of plantation yields:
Flow of stone dust in the natural drain storm water:
KSPCB has collected samples of storm water from the drain passing from nagabana katta pond near the premises of M/s. Durgamba Crusher and samples were submitted to Chemical Engineering Department, National Institute of Technology, Surathkal for analysis as per the request made by the applicant. The analysis report dated:06.08.2021 reveals that all the parameters are well within the standard except marginal increase of oil & grease. Copy of report enclosed as Annexure-
38.
Loss of agricluture yields:
In this regard opinion of the Horticulture department was sought and the Deputy Director of Horticulture, Dakshina Kannada has opined that currently no damage was visualized during their visit and horticultural crop growth did not show adverse. Copy of report enclosed as Annexure-39.
The salient features around the quarry and the stone crusher are seen in the map shown below:
Salient features around the quarry and the stone crusher along with Google Map □ Crusher Safer Zone Area Durgamba stone Crusher Unit Sy. No. 3/2, 8, 11, 17 & Nearest House Jagadhish Poojari 190M 18 away.14
Nearest Approach ROAD 424 M away Complainant-1 Ashok G house - 859 M away.
Complainant -2 Ananda P - 574M away.
Krishnappa poojari - 430M away.
Prashanth Poojari-300 M away.
Nearest Residences-12 houses (300M
away)
Nagarakatte (Pond)-165 m
□ Quarry Lease No. 360
Points Latitude Longitude
Sri.Santhosh Kumar A N 130 03" 24.78 E 750 08" 42.84""
Shetty B N 130 03" 24.72 E 750 08" 45.54""
C N 130 03" 20.70 E 750 08" 47.50""
Sy.No. 136/3 in Private D N 130 03" 20.28 E 750 08" 44.10""
land E N 130 03" 21.90 E 750 08" 43.70""
F N 130 03" 22.02 E 750 08" 44.40""
G N 130 03" 24.00 E 750 08" 43.80""
H N 130 03" 24.18 E 750 08" 43.02""
Nearest House Sri .Jagadhish Poojari-
380M away.
Nearest Approach ROAD 424M away Complainant-1 Sri. Ashok G house -
552M away.
Complainant-2 Sri. Ananda P - 268M away, Sri. Krishnappa poojari - 440M away, Nearest Residences-12 (420M away) Nagarakatte (kere)-380m The Consent for Operation issued by KSPCB under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 vide No. Combined Consent No. AW-323667 dated:08.02.2021 and having validity upto 30.09.2021 and extended upto 30.09.2030.
Following are the Compliance Status of Stone Crusher Unit to Consent order No AW-323667 dated:08.02.2021 and having validity upto 30.09.2021 of KSPCB:
Sl Conditions Compliance Status
No.
1 The jaw crusher, the chute and Jaw Crusher, Conveyor systems
conveyor system of crushed are covered with semi-circular
stone to be covered with GI sheets.
suitable semi-circular M.S.
Sheet/Zinc sheet, etc. Suitable
exhaust and venting system of
adequate capacity to be
provided to guide the dust
emanating from the crushers
into the stack.
2 The rotary screen to be There is vibratory screen and
completely covered, leaving the same is covered with GI
space at bottom for collection of sheets
the sieved jelly.
3 The conveyor belts, chutes Conveyor belts & chutes are
especially carrying smallest covered with GI sheets.
15
particles should be covered with
semi-circular M.S. Sheets and
heaps shall be located in
appropriate sheds wherever
possible with all possible
arrangements to prevent escape
of dust during loading and
unloading operation.
4 The Suspended ParticulateThe industry is not submitting
Matter as measured at a the AAQM monitoring reports.
distance between 3 m & 10 m However, the monitoring
from any source of dust conducted by the KSPCB on
emission shall not exceed 22.07.2021 reveals that the
600µg/nm3. The measurements suspended particulate matter is
are to be made at least once in 34.2µg/m3 at 3m and
6 months every year and report 56.9µg/m3 at a 10 m. The shall be submitted to the Board. results are within the permissible limits.
5 Suitable Water sprinkling Jaw Crushers, Conveyors & system shall be provided to Vibratory screens are provided reduce the dust from each dust with water sprinkling system. generation area.
6 The Industry shall provide all Provided 15-20 feet GI sheet around covering of the premises compound wall on 3 sides and by using G.I. sheet (1.66 mm provided with water sprinkling and 1.25 mm thickness) for a systems.
height of 6 m with regular water
sprinkling arrangement to
suppress the dust generation.
7 The applicant shall provide Provided 15-20 ft. GI sheet
barricades (G.I. Sheets)/Wind boundary wall on 3 sides.
breaking walls of height 20 feet
on all three sides of the crusher
area.
8 Noise level as measured from Industry is not submitting the
the periphery of the industry monitoring report of noise levels.
should not exceed 75 dB (A) leq The Noise level monitoring was
during day time & 70 dB (A) leq conducted by KSPCB on
during night time 22.07.2021 reveals that the
noise levels during day time is
63.4 dB(A)and at night its 58.2
dB(A) and the noise levels are
within the stipulated norms.
9 The applicant shall adopt Crusher units are covered following pollution control with GI sheets and provided measures: with water sprinkler systems for dust Dust containment-cum- suppression.
suppression system for the
equipment. Wind breaking wall provided
Construction of wind
breaking walls. Provisions made for regular
Regular cleaning and wetting of the ground within
wetting of the ground within the premises by the
the premises. industry.
Greenbelt (flora) along the
periphery. Planted trees and saplings
Metalled Roads inside the along the periphery of the
Crusher premises. crusher premises.
16
Not done metalled road
within the premises
10 The applicant shall provide a Complied roof with gradual slope/ Curvature so as to prevent accumulation of water and have an easy flow.
11 The applicant shall provide Closed bunker provided at telescopic chutes at product loading point of the vehicle.
conveyor unloading to prevent dust release into the atmosphere during free fall of material from heights and also these chutes shall be adjustable in length according to size of the heap.
Compliance made with the conditions stipulated under Section 6a-(2) (1-3) and 6a(2)(4) of the Karnataka Regulation of Stone Crushers (Amendment) Rules, 2013.
Stipulated conditions Compliance made by the crusher authorities Stone crushers shall provide 15 Crusher unit is covered by 15-20 to 20 feet wall/GI sheet feet GI sheet on all the sides. protection on all the three sides in addition to the air pollution control measures.
Provide material transfer point Conveyor belts are covered with GI such as hopper bottom/product Sheet unloading conveyor to be covered suitably to prevent dust release into the atmosphere Ensure that where complete Jaw crusher-covered with GI enclosures are not possible such sheet as openings in Jaw crushers side Vibratory Screens-covered with and bottom they are to be GI sheet covered suitably with Gl sheets/ Conveyor belts-Covered with GI rubber flap or any other material Sheet to prevent dust release into the atmosphere.
Ensure that telescopic chutes are Telescopic chutes are provided provided at product unloading conveyor to prevent dust release into the atmosphere during free fall of material from height.
These chutes can be adjusted in length according to size of the heap.
Provide effective dust Crusher authorities have provided suppression system comprising water sprinkling system at crusher of spraying of fine water mist points & in the surroundings also. through special nozzles shall be carried out oven the dust generation sources to suppress the dust cloud.
All stone crushing units shall Crusher location is surrounded with 17 provide adequate flora (green green cover naturally. They have belt) comprising evergreen high also provided plantations at the foliage type of trees like Neem, entrance and around the crusher Tamarind, gold Mohar, flame of plant.
the forest and any other Further, compliance to consent conditions issued by this KSPCB was verified and found that the compliance is satisfactory. Industry has implemented physical measures for controlling the dust emissions at the site, such as, covering of the Jaw crushers, and vibratory screens, covering the conveyor belts with semi- circular sheets, providing wind breaking walls, etc., However, there is gap with respect to regular ambient air quality and noise monitoring and submission of reports from time to time to the statutory body.
Monitoring of Ambient air quality in the stone crusher premises:
KSPCB has conducted the ambient air quality monitoring through M/s. Hubert Enviro Care Systems Pvt. Ltd., Baikampady Mangalore (NABL empanneled and MOEF &CC recognised Laboratory) at the distance of 3m and 10m from the crusher site on 22.07.2021 for the analysis of parameters Suspended particulate matter. Monitoring was carried out for 24 hrs and the results of analysis obtained are meeting the NAAQM standards. Results of monitoring are as below:
Date of Sampling location SPM - Standard(NAA sampling µg/m3 (24 Q CPCB hr Avg) Standard) 22.07.2021 3 m from Crusher Site 34.2 (200 µg/m3) 22.07.2021 10 m from Crusher Site 56.9 Monitoring of analysis report reveals that the parameter SPM is well within the standards. The analsysis report is enclosed as Annexure-40.
Monitoring of Noise: The Noise level monitoring was conducted by KSPCB through M/s. Hubert Enviro Care Systems Pvt. Ltd., Baikampady Mangalore (NABL empanneled and MOEF &CC recognised Laboratory) on 22.07.2021 reveals that the noise levels during day time is 62.6 dB(A)and at night its 60.0 dB(A) and the noise levels are within the stipulated norms Analysis report is enclosed as Annexure-41.
Photographs taken during inspection are enclosed as Annexure-42.
Concluding Remarks of the Committee:
> The stone quarry has obtained the necessary Environmental Clearance from SEIAA, Karnataka for the operation of Mining Leases.18
> Stone crusher is established in the safer zone as required under the Karnataka Regulation of Stone crushers Act, 2011 as amended in 2013, 2020.
> The Consent for Operation issued by KSPCB under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 vide No. Combined Consent No. AW-323667 dated:08.02.2021 and having validity upto 30.09.2030.
> The Form -C issued by the District Stone Crusher Licensing authority is valid upto 31.03.2036.
> Regarding compliance of the stone crusher to the consent order of KSPCB, the industry has provided the air pollution control mechanism such as covering of the primary and secondary crushers units, conveyor belts, vibratory screens, providing of wind breaking walls etc., for containing the fugitive dust emissions from these non-point sources of pollution, however, there is gap with respect to compliance monitoring and reporting to the statutory body from time to time.
> Ambient air quality monitoring results with respect with SPM are within are within the prescribed National air quality standards.
> The Noise level monitoring levels are within the stipulated norms.
> The quarry lease holders have not submitted half yearly EC compliance report to the concern departments. > The quarry authorities have not submitted the mandatory half yearly EC compliance report to the concern departments and there are ceratin non- complainces of EC conditions to which the project authority has been directed to take necessary action and comply with the EC conditions and submit report by first week of October, 2021. Any failure will attract enforcement action under the Environment (Protection) Act,1986 for EC violation by SEIAA, Karnataka as per the S.O 637(E) dt 28.02.2014 Copy of notices issued to Quarry authorities is enclosed as Annexure 43."
5. The objections of the applicant to the above report and remarks of the Committee are as follows:
" Sl Para Nos. Remarks
No.
1 Para No 1 The committee has submitted the complete status
One of the main directions of this report on the functioning of crusher. However,
Hon'ble Tribunal in the order they have had not monitored the blasting
dated:06.03.2020 calling for the operations. As per the Stone crusher regulation
status report on the functioning of Act the said crushers are operating in safer zone
the Crusher Units of the 10th and (Joint survey report is enclosed as Annexure
11th Respondent was to report if 44,45).But in respect of 11th respondent the
the offending crusher units are distances measure are reflected below
compliant of the citing criteria as Distance between D point and A point of
provided under the statute. Safer zone boundary of Sanidhya crusher
Unfortunately the Expert and Vasanth Devadiga house is 125 meters
Committee which is said to have and 140 meters respectively.
inspected the offend units, have Distance between D point of Safer zone
19
side stepped this main issue as boundary of Sanidhya crusher and nearest
also the other grievance of the road is 51 meters
applicants about the illegal mine No school and temple exists at a distance of
blasting engaged in by the 500 meters from the sazer zone
Offending Units while quarrying "that the quarry activity is carried out within the
the site. marked boundaries and there is no excess
mining of the quarry"
Further to assess the vibrations due to blasting activity vibration test was conducted on 22.07.2021 and 29.07.2021 in the quarry of M/s. Sanidhya Crusher and report and the ground vibration monitors not triggered at the house of Sri. Vasanth Devadiga and Sri. Ananda. P 2 Para No 2a The said objection may be ruled out as the said The report of the Expert Committee distance from the crusher point to the deserves to be rejected by this complainant Vasanth Deavadigs‟s house is at a Hon'ble Tribunal for the following distance of 125m.
reasons among the many:- a) The Distance from the House of the 2nd Applicant and the Safer Zone in which the 11th Respondent's Crushing cum Quarry Unit operates is falsely recorded as 125 M from the so called SAFER ZONE (Para 5.1 of the Report). The distance from the so called SAFER ZONE and the House of the 2nd Applicant is only about 35M to 45 M which is clearly violative of the criteria as laid out in Sec.6 of THE: KARNATAKA REGULATION OF STONE CRUSHERS ACT, 2011, Karnataka Act I of 2012 (as amended by the 2013 amendment Act) 3 Para No 2b Objections may be ruled out. No revenue Similarly the Report does not village exists within 500m distance from the disclose or record the distance safer zones between the nearest Revenue Village and the SAFER ZONES where the Offending Crusher Units are located. As per section 6 of the KARNATAKA REGULATION OF STONE CRUSHI=RS ACT, 2011, Karnataka Act I of 2012 (as amended by the 2013 amendment Act) The distance between a SAFETR ZONE and the nearest Revenue Village shall not be less than 500M whereas in this case the so called SAFER ZONE where the Offending Crusher cum Quarry units are located is actually sharing their boundary with Village ANDINJIE and Village MUDUKODY.
4 Para No 2c THE KARNATAKA REGULATION OF STONE Similarly section 6 of the THE CRUSHERS ACT, 2011 was First published in KARNATAKA REGULATION OF the Karnataka Gazette Extra ordinary on the STONE CRUSHERS ACT, 2011, fifth day of January, 2012 and set guide lines Karnataka Act 8 of 2012 (as for "IDENTIFICATION SAFER ZONE FOR amended by the 2013 amendment CRUSHER ". As per the same 16.00 acres of 20 Act) clearly stipulates SAFER land in Sy.No. 95,3,121,120,129,131 was ZONE shall not be situated at a declared as „Safer Zones‟. But as per Gazette distance less than 100M of any notification dated : 26.12.2013, on major road whereas in the case of date:03.03.2014 this office rejected the the offending crusher unit of the application for safer zone of sanidhya crusher in 11th Respondent the SAFER ZONE Sy No 121/1b, 121/2 and instructed to submit a is right on the main road running fresh application. The above identified safer through the ADINJE & MUDUKODY zones and gazette notifications were cancelled villages of which the applicants vide gazette No. MMC crusher/01/2014-15, are residents. This is the 'why the Dated :10.9.2014. The joint inspection report of distance between the nearest road date:24.10.2013, is made with respect to the and the SAFER ZONE has been Survey Numbers mentioned in the „declared safely been avoided to be recorded Safer Zone‟ . These application for the Report when pertaining to the establishement crusher in safer zone in Sy.No. Crusher of 11th respondent. 3, 95 and 121 were rejected and fresh application for Sy No 121/1b, 121/2 has been taken on 10.03.2014 and joint inspection was conducted by the joint inspection committee on 29.05.2014 During joint inspection it was mentioned that The nearest road ( other road) is at distance of 110 meters (Measurement was taken during inspection from the existing crusher to the road). School is at a distance of 1 KM, temple is at a distance of 6 KM.
The subject was placed before stone crusher regulation committee for approval of safer zone on 01-07-2014 and in committee meeting Chairman of the Committee has instructed to Tahshildar to inspect the applied area once again. The inspection was made by revenue department on 27.08.2014 and submitted the report on 03.09.2014 (copy is enclosed as Annexure-46). As per the report that, The forest land exists at 110 meter and single residential house exists at 125 meter and there is no National high way , major roads, or Grama Panchayat road, Revenue village, Residentioal houses, schools and temples near crusher and opined that the crusher exist in safer zone and no objection.Based on the above, the Form B-1 isued on 10-09-2014. Further FORM C was issued date :10.12.2014 And in addition to this in Karnataka Regulation of stone Crushers Amendment Act 2020, section 6 of the principal Act,- has been amended such as "In (i) in sub-section (1), in clause (b), for the word "or" the words "and fifty meter from the limits of " shall be substituted.
5 Para No 2d The different survey numbers where the quarry lt is pertinent to note here that lease and crusher licence has been issued are though the Quarry as well as the located adajacent to each other hence it seems Crusher Units are situated in as one oe contiguous property in both cases. different Survey Nos., the entire However quarry leases have been issued with Unit including the quarry is one specific survey numbers with specific extent of contiguous property in the case of area.
the 1Oth as well as the 11th For the crusher is in patta land, with specific Respondent. survey numbers with specific extent of area.
6 Para No 2e Quarry and crusher were not in operation due to lt is seen from the Report that at COVID-19 pandemic and renovation works by the time of the inspection by the respondent 10 and 11 as already stated in the Joint Committee neither the joint committee report for limited period of time. Crusher units, nor the quarry was Further no such orders had been issued to the functioning due to COVID 19 10th & 11th respondents to stop the operations in Pandemic but the fact remains that the quarry leased area & licensed crusher area.
21the Crusher unit as well as the Further the joint committe reinspected the quarrying activities of the l0th and crushers/ quarry when in operation on the 11th Respondent were fully 22.07.2021 as per the Hon‟ble Tribunal Order operational and this easily dated:24.06.2021. verifiable upon calling for the various relevant statutory records.
7 Para No 2f The quarry lease has been granted in There is no statement in the Report accordance with Karnataka Minor mineral regarding the blasting activities concession rule 1994 which says "No person taken out by the 1Oth and 11th shall carry on or allow to carry on any Respondents in the Quarrying Site. quarrying operations within a distance of The blasting is done almost on a 50 meters, if no blasting is involved and daily basis and sometimes even 200 meters if blasting is involved from the twice a day and noise from the boundary of any railway line, reservoir, blast can be heard and felt for a tank bund, canal or other public works and radius of more than 10km and the public structures or any public road or impact/vibration of the blast buildings." could be felt strongly throughout Further the report by the Joint committee (Page the neighboring villages but No.5) already submitted to Hon‟ble Tribunal unfortunately no data regarding reported "Deputy Director from Dept. of this aspect finds place in this Mines and Geology has informed the report and the same is skimmed committee during inspection that the over by falsely recording that quarry activity is carried out within the marked quarry cum crusher unit remained boundaries and there found no encroachment in closed during the COVID 19 period. quarry"
Vibration test was conducted on 22.07.2021 &29.07.2021. The vibration test report concludes that in India, the Directorate General of Mines Safety (Government of India) have suggested safe limits of ground vibrations for different categories of structures, with different frequencies as per (DGMS (Tech) (S&T) Circular No.7 of 1997 Dhanbad, dated the 29th August, 1997). Based on the above criteria, a residential house can be given a permissible PPV of 5mm/s. During the field studies carried out at the quarry of Sri. Harshendra Kumar, the ground vibration monitors were not triggered at the house of Sri. Vasanth Devadiga and Sri. Ananda. P. Detailed report enclosed as
8 Para No 2g The analysis report of water sample from storm It is also pertinent to note that the water drain collected down stream that finally water sample has not been drawn joins natural nala is well within well within the from the nearby lake Nagarkatte range of drinking water standards (IS Lake though referred to in Para 8.1 10500:2012). The analysis reports of the water of the report. This Lake provides sample were furnished along with joint all the water for the irrigation of inspection report. However, the copies of the the agricultural activities of same are enclosed again as Annexure 3 &4). ANDINJE Village. The Lake is at a The sample of water was drawn on higher terrain from the Crusher 22.07.2021 during joint inspection. The Unit and the Village is at a lower analysis report reveals that the parameters level from the Crusher Unit thus are within the standard. water from the lake flows through the Crusher site into the Village and in this course of flow, the water gets polluted by the Crush units' dust. Thus drawing of water sample from agricultural fields in Andinje Village would have clearly shown the pollution levels in the water due to the crusher cum quarry units' operations.
229 Para No 2h The intimation regarding the inspection to the It is most pertinent to note that crushers/quarry in question by the joint though this Hon'ble Tribunal did committee was furnished vide letter No.1038 not explicitly direct the Committee dated: 13.10.2020 to the applicants Copy to involve the Applicants in the Enclosed as Annexure-47. entire process of inspection it The committee members also called through would have only been fair for the mobile by the officers of the joint committee on Committee to allow the Applicants the day of inspection from the inspection site. and other Villagers to effectively The applicants Sri Ashok Devadiga, Sri Vasanth participate in the inspection Devadiga and others were present at the process and give their inputs and entrance of the crushers. However the also record their presence which applicants refused to come inside the premises the committee failed to do. This siting various reasons. has obviously resulted in the During inspection, the joint committee had above flaws in the inspection done visited the complainant‟s houses shown by by the Committee. applicant and interacted with the people. Hence, it is just and necessary The reinspection by the joint committe was that this Hon'ble Tribunal rejects again done on 22.07.2021 in the presence of the above said report date and Hon‟ble DC and Chairman of the Committe. direct a fresh inspection under the Letter of intimation of inspection is attached as supervision of a Tribunal Annexure-48. The photographs of applicants Appointed Advocate Commissioner along with their Counsel present directing such commissioner to during the inspection is enclosed and issue due notice to the applicants documents submitted with respect to above herein above and include the mentioned paras justify the fact that the applicants also in the inspection committee has honestly discharged their duties process in the interest of bring out and furnished unbiased report based on ground a clear and objective status report facts and circumstantial evidences. about the functioning of the The committee report has included all the crusher cum quarry report of the information sought by application through the 10th and 11th respondent to enable objections and hence, the Tribunal may kindly a just decision in this case. refute the allegations made by the applicants and reject the objections filed by the applicants.
"
6. The Committee has also given response to further objections as noted in the order of this Tribunal dated 24.06.2021 as follows:
" Para Objections Remarks
No.
1 The above case has been posted today for hearing as No Comments
well as considering the objections. As per order dated 06.03.2020, this Tribunal had appointed a joint Committee and directed them to submit a report regarding the allegations made in the application in respect of the operation of I 1 to respondent-unit.
2 Accordingly, the inspection was conducted by the Joint No Comments Committee and they had submitted the report which was extracted in para 3 of the order dated 21.01.2021. This Tribunal had granted time to the applicant to submit their objections, if any to the report. Subsequently, the applicant also filed their objections to the report. 3 When the matter came up for hearing today, Mr. B. Mohan No Comments represented the applicant. Mr. Darpan K.M. represented respondents 1, 2, 4 to 8, Mr. R. Thirunavukarasu represented 3rd respondent and Mr. K.C. Ariga represented 11th respondent.
4 Learned Counsel appearing forthe Karnataka No Comments Pollution Control had filed their para-wise reply with respect to the objections submitted by the applicant. 5 Learned Counsel appearing for the applicant District Collector had not 23 submitted though the Committee was constituted with participated in the inspection, District Collector but he had not participated in the instead the Assistant inspection, instead the Assistant Commissioner, Commissioner, Dakshina Dakshina Kannada District attended the Kannada District attended in sp ec ti on . the inspection on 17.10.2020 due to COVID-19 infection.
On 22,07.2021 inspection
was carried out by Joint
Committee in the presence of
Dr. Rajendra K.V. ,IAS,
Deputy Commissioner,
Dakshina Kannada District.
Further, the documents produced by the applicant During the inspection the
along with the application, namely, Joint Spot distance between the nearest
Inspection Report of this area, which relates to the road was recorded as 51
crusher unit owned by Shri Harshendra Kumar states meters from the safer zone.
that the unit is adjacent to the main road and at about 50 meters away there are residential houses and As per Karnataka inhabitants. Regulation of stone Crushers Amendment Act 2020, section 6 of the Principal Act,- i.e., THE KARNATAKA REGULATION OF STONE CRUSHERS (AMENDMENT) ACT, 2013 has been amended such as "In (i) in sub-section (1), in clause (b), for the word "or" the words "and fifty meter from the limits of shall be substituted (i.e., One hundred meter from the limits of major district roads or other roads has been amended to SO meters);"
There is single residence belongs to Sri. Vasanth Devadiga at a distance of 125 meters from the safer zone.
Further there areNo Schools, Temples, It was also mentioned in the report that during the The stone powder was inspection. it was found that dumped/stored near the stone powder is dumped near crusher unit. The crusher. report was signed by Deputy Director (In-charge), Department of Mines and Geology, Mangalore, Additional Deputy Commissioner & Additional District Magistrate. Dakshina Kannada District.
Mangalore and Geologist. Mines and Minerals Department. Mangalore, Dakshina Kannada District. Further, the Learned Counsel for the Distance from the three applicant also relied on Rule 6 of The quarry Karnataka Regulation of Stone Crushers area to the Road as (Amendment) Act, 2013. wherein the safe distance follows:
was provided as 100 meters from limits of major district roads or other roads. But as regards, one of Quarrying Nearest the lease area, the distance from the road was not lease / approach mentioned. license road from number the quarry DKD-117 200m DKD-391 210m DKD-392 250m 24 (DKD Means Dakshina Kannada District) According to the Learned Counsel the main The inspection was allegation was also regarding sound pollution conducted at the time and dust pollution and inspection was when quarry and crusher conducted at the time when quarries were in operation and possibility for assessing the sound pollution. noise and air quality monitoring was done.
Analysis reports reveal that the parameters are well within the standard.
Learned Counsel also submitted that Joint inspection on inspection was not conducted in the presence 17.10.2020 and of the applicant and the measurements from 22.07.2021 were done in the houses etc were not properly done. the presence of applicants He has also submitted that the Committee has by intimating them well in not considered the water quality in the well or advance (Photographs in the compound of the houses of the enclosed as Annexure-30 complainants and also the neighbouring &42).
agricultural lands. The well water from the
house of fd Applicant Sri
Vasanth Devadiga was
collected and analysed.
The analysis report reveals
that parameters are within
the prescribed standard
except pH and Coliform.
Exceed of pH and presence
of Coliform does not
relates to the operation of
stone crusher. (Analysis
report enclosed as
Annexure-26 Page No. 306).
Further, the objections were not considered by The reply to the objections
the Committee but only Pollution Control Board were filed by the KSPCB
has given pare-wise reply which is not being the Member
sufficient. Convenor after
consultation with all the
other Committee members.
However, the same is
again reported in Section
4.0 Main report.
On the other hand, Learned Counsel appearing KSPCB has submitted the
for the Pollution Control Board submitted that parawise reply.
the Pollution Control Board has properly considered the objections and given para-wise reply. Further. all criteria have been considered and only thereafter the Committee had prepared the report Further, the reason for deputing some other officer No Comments by the District Collector was mentioned in the report itself and as such there is no illegality in deputing somebody in his place to facilitate the inspection being done in his absence to avoid delay.
Learned Counsel also submitted that two of the applicants were present at the time of inspection conducted by the Joint
Committee and their objections and views were also considered which is evident from the report of the Joint Committee and it cannot be said that the report is prepared behind their hack and they were not aware of the inspection conduction as contended by the Learned Counsel for the applicant.25
Learned Counsel also submitted that two of the No Comments applicants were present at the time of inspection conducted by the Joint Committee and their objections and views were also considered which is evident from the report of the Joint Committee and it cannot be said that the report is prepared behind their back and they were not aware of the inspection conduction as contended by the Learned Counsel for the applicant.
9 The grievance in this application is regarding the The permission for setting up pollution as well as violation of citing criteria in the crusher was accorded after establishing the crusher unit of 11th respondent. siting criteria was met by the Though, the application was filed in the year 2017, crusher authorities. Analysis since there were only pleadings filed by the parties, report of Air & Noise this Tribunal felt to ascertain the real situation and monitoring conducted during appointed a Joint Committee to go into the issue and the joint inspection reveals that submit a report. The Joint Committee consists of the stone crushers are District Collector, as one of the members but the complying to the provisions of report submitted by the Committee shows that the pollution control norms & District Collector did not attend the inspection, Karnataka Regulation of Stone instead Assistant Commissioner attended the Crusher Amendment Act, inspection as deputed by the District Collector and 2013. the reasons mentioned in the report was that since the District Collector was infected with Covid, he was not in position to accompany the Committee and in order to facilitate quick inspection and submission of report, he had delegated the responsibility to another official in his place. So, we do not find anything wrong in delegating the responsibility to an officer by District Collector, if he could not be personally present for the purpose on account of his ill health and it cannot be said that the official so delegated is incompetent to file the report representing the District Collector and that will not be a ground The grievance in this application is regarding the pollution as well as violation of citing criteria in establishing the crusher unit of 11th respondent.
We are not going into the merits of the report The reply to the or the submission made. The objections were filed by Committee had submitted the report and the the KSPCB being the applicant had also filed objections to the Member Convener after same. When detailed objections has been filed consultation with all by the applicant, then the Committee had to the other Committee consider those objections and give their members. However, the explanation regarding the same as to how the same is again reported in objections raised by the applicant is not Section 4.0 of this sustainable. But in this case, only the Pollution report. Joint inspection Control Board has given the para-wise reply was again conducted on for the same. Further, it is seen from the 22.07.2021 when the report that at the time when inspection was crusher unit was in conducted, the crusher unit was not in operation.
operation. Vibration test was
Further, it is also mentioned in the report conducted
itself that in order to ascertain the vibration 22.07.2021&29.07.2021. The vibration that is likely to be caused on account of No.7 of 1997 Dhanbad, explosion that is being carried out a study dated the 29th August, 1997). will have to be conducted. So that shows, that without ascertaining the nature of Based on the above criteria, a vibration that is likely to be caused on residential house can be given account of the quarrying operation done by a permissible PPV of 5mm/s. 11th respondent, which is also incidental to During the field studies carried crusher unit it cannot be said that there was out at the quarry of Sri. no violation committed by the 11°1 respondent or Harshendra Kumar, the there is no possibility of any type of pollution on ground vibration monitors not 26 account of their operations triggered at the house of Sri. Vasanth Devadiga and Sri. Ananda indicating that the PPV was less than 0.51mm/sec (and Noise less than 100dB). So, it can be stated that the ground vibrations generated from blasting operations carried out on 221th July 2021 & 29 th July. 2021 do not have any effect on the houses of Sri. Vasanth Devadiga and Sri. Ananda. P (Analysis report enclosed as Annexure-24).
10. It has mentioned from DKD The 11th respondent is having number of leases and 117 QL the Nearest the nature of leases and their location have been Approach ROAD 200 M mentioned in the report but as regards the first away.
lease area is concerned, they have not mentioned During the inspection on
about the distance criteria from the road to that 22.07.2021, the distance
place. between the nearest road was
Further, they have not mentioned anything about the recorded as 51 meters from the
locations of schools, lake etc as has been pointed out safer zone.
by the Learned Counsel for the applicant and as has As per Karnataka
been narrated in the Joint Spot Inspection Report Regulation of stone Crushers
relied upon by the applicant, which was conducted Amendment Act 2020,
by an officer in higher rank than the person, who section 6 of the Principal
attended the Joint Inspection. Act,- i.e., THE KARNATAKA
Further, it appears from the report that they were only REGULATION OF STONE relying upon some statements made by some of the CRUSHERS (AMENDMENT) parties and it is not clear as to whether they were ACT, 2013 has been convinced about the report mentioned and they have amended such as only mentioned that it was reported that there is no "In (i) in sub-section (1), in violations etc. That also shows the non-application of clause (b), for the word "or" the mind of the Committee while preparing the report. words "and fifty meter from the limits of" shall be substituted ( i.e., One hundred meter from the limits of major district roads or other roads has been amended to 50 meters);"
There is single residence belongs to Sri. Vasanth Devadiga at a distance of 125 meters from the safer zone.
Further there are No Schools, Temples, habitats near the crusher within 500 meters distance from the safer zone.
27Further, the water analysis was done from the KSPCB has collected water property where the crusher unit is situated and not samples and the collected from the houses of the complainant etc. So, in order to samples were submitted to ascertain whether there is any possibility of pollution Chemical Engineering to water on account of the operation of the I I th Department, National respondent-unit, the objections raised by the applicant Institute of Technology, ought to have been considered by the Joint Surathkal for analysis as Committee. per the request made by the applicants.
i) The analysis dated:06.08.2021 of Open well water collected at Sri Vasanth Devadiga, Kadambila House, Andinje Village, Belthangadi Taluk, D.K District reveals that the parameters are well within the tolerance limit as per IS 105002012 except for pH & Coliform. Copy of report enclosed as Annexure-26.
ii. The analysis report of Water from storm water drain collected near Sanidhya Crusher down stream that finally joins natural nala dated:06.08.2021 reveals that the parameters are well within the standard. Copy of report enclosed as Annexure-27.
10 So under such circumstances, we feel that the Joint Committee has to be directed to inspect the Compliedwith directions quarry/crusher unit again without delay, at the Hon'ble Tribunal and time when the crusher units are in operation Joint inspection was and ascertain the nature of pollution that is conducted of 22.07.2021 likely to be caused as complained of by the when crusher and quarry applicant and then submit a fresh report to this were in operation.
Tribunal. Analysis reportof Air and
Noise monitoring conducted
during the joint inspection
reveals that the stone
crushers are complying
Regulation of Stone Crusher
Amendment Act, 2013.
Complied with and
The Committee is also directed to go into the incorporated in the current
objections filed by the applicant to the report report
submitted by the Joint Committee and ascertain those facts and report about the same as well in the report to be submitted.
The Committee is directed to give notice of their Notice of inspection was given inspection to the Learned Counsel vide letter enclosed as appearing for the applicant, so that he can make Annexure-47. During the his representation at the time of inspection and joint inspections the applicants submit his objections, without obstructing the along with their learned work of the Committee so that the Committee counsel were present and members can consider those objections also and their grievances were file a report on those aspects as well. personally heard by Joint Committee headed by Deputy Commissioner, Dakshina Kannada.
2812 The Committee is also directed to take into The joint inspection account the Joint Sport Inspection report relied report of date:24.10.2013,is made with r upon by the applicant produced along with the the Survey Numbers application signed by Deputy Director (lncharge), mentioned in the `declared Department of Mines and Geology, Mangalore, Additional Deputy Commissioner & Additional Safer Zone'. These District Magistrate, Dakshina Kannada District, application for Mangalore and Geologist, Mines and establishement crusher in Minerals Department, Mangalore, Dakshina safer zone in Sy. No. 3, 95 Kannada Districtdated 24.10.2013 and and 121 were rejected consider those aspect also while preparing the and fresh application for report. Sy No 121/1 b, 121/2 has been taken on 10.03.2014.
13 If the District Collector is not able to attend No Comments the inspection personally due to its official commitments or otherwise then he may depute an officer not below the rank of Additional District Magistrate so that the inspection can be carried out, in tune with the directions given by this Tribunal.
14 Suppose, the vibration test also has to be Vibration test conducted conducted the Committee is at liberty to avail on 22.07.2021 and the services of an expert on that aspect and 29.07.2021 in submit a report on that aspect as well instead consultation with of deferring the same to a future date. For this National Institute of purpose the 11th respondent is directed to Technology, Surathkal. conduct the vibration test while the unit is Analysis report enclosed conducting blasting for the purpose of as Annexure-24. extraction of metal for their crusher unit.
15. The Committee is directed to submit the report However, to submit the to this Tribunal on or before 06.08.2021 by e- detailed report the Joint filing in the form of Searchable PDF/OCR Committee requested 4 Supportable PDF and not in the form of Image weeks time to The Ld. PDF along with necessary hardcopies to be Registrar, NGT-SZ. produced as per Rules. Chennai vide letter enclosed as Anneure-10.
The Hon'ble Nation Green
16 The Registry is directed to communicate this Tribunal (NGT), Southern
order to the members of the committee Bench, by considering the
immediately, so as to enable them to comply circumstances has passed
with the direction. an order dated
06.08.2021 and directed
the Joint Committee to
submit the report to the
Hon'ble HGT on or before "
06.09.2021 along with
necessary
documentations.
Analysis and Finding
7. Though the applicant submitted that there are deficiencies in the report in the matter of point from which measurement for prescribed distance is to be taken, the point from which distance for blasting is to be taken and distance from forest, adverse impact of dust on the paddy crop and the Project Proponents being close to the lake, we are unable to 29 accept these submissions in view of report of the committee which has undertaken visit to the site and examined the matter objectively and independently. However, we find from the para-wise reply submitted by the State PCB that a document has been filed which purports to be the 'joint inspection report details for safer zone declaration for 2.0 Acres at Sy. No. 3/2,8,11,17,18 of Belthangadi Taluk belonging to Sri Santosh Kumar Shetty' that distance of Nagarkatte lake, where rain water settles, is mentioned to be 165 meters as against required distance of 200 meters. This aspect needs to be verified and if it is found that the project activity is within prohibited distance, the same may be suitably relocated within one month which may be ensured by the State PCB.
8. We also direct that the recommendations of the joint Committee may be duly implemented in working of the projects which may be overseen by the statutory regulators, including the State PCB. Apart from the said recommendations, the State PCB, in consultation with the Divisional Forest Officer of the area, may lay down additional requirement of developing an appropriate green belt. Further, the PCB may require setting up of appropriate enclosures around the stone crusher to mitigate the adverse impact of operation thereof on the environment. PCB may also consider laying down the requirement of sprinkling water and/or other safeguards to control dust emissions. The PP will be bound by such directions which may be issued within one month. The State PCB may file a report of status of compliance as on 30.06.2022 with the Registrar, Southern Bench, NGT on or before 30.06.2022. If any further direction becomes necessary, the Registrar, Southern Bench, NGT may place the matter before the Bench.
Subject to the above, the application stands disposed of.
30A copy of this order be forwarded to State PCB and District Magistrate by e-mail for compliance.
If any grievance survives, it will be open to the aggrieved parties to take remedies in accordance with law Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Nagin Nanda, EM Dr. Satyagopal Korlapati, EM Dr. Vijay Kulkarni, EM Dr. Afroz Ahmad, EM February 14, 2022 Original Application No. 271/2017(SZ) DV 31