National Green Tribunal
Jose Parayil vs State Of Kerala, Represented By The ... on 9 November, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.11
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 266 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Jose Parayil,
Nalloornadu,
Mananthavady, Wayanad. ... Applicant(s)
Vs
1.State of Kerala,
Rep. by the Secretary,
Mining & Geology Dept.,
Thiruvananthapuram.
2. Kerala State Pollution Control Board,
Thiruvananthapuram.
3. The Geologist, Wayanad.
4. The District Collector, Wayanad.
5. The District Medical Officer,
Mananthavady, Wayanad.
6. Edavaka Grama Panchayath,
Edavaka, Wayanad.
7. P.V. Devassykutty,
Managing Partner of Sila Bricks & Granites,
Nalloornadu, Thonnichal, Mananthavady. ...Respondent(s)
Date of hearing: 9.11.2020.
CORAM:HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Mr. E.K. Kumaresan for R1 & 3 to 5
Ms. Nivedita S. Menon and
V.K. Rema smrithi for R2
ORDER
The grievance in this application is regarding the illegal operation of stone crusher unit by the 7th respondent in the name and style of M/s. Sila 1 Bricks & Granites, situated in Ward No.13 of Edawaka Grama Pnchayat of Wayanad District. According to the applicant, the unit was established against the siting criteria. The unit is situated within the prohibited distance. They are using more powerful motor pump than the capacity permitted, thereby causing noise as well as air pollution. They have been permitted to use only 30HP motor and license has been given for that purpose by the local body. But they are using 111 HP motor which is contrary to the mechanism provided by the unit thereby dust is emanating from the industry which causes air pollution and large scale lung disease like asthma, allergy and skin diseases are spreading in that area.
2. A writ petition was filed by one Ali Bran Moidu Haji as O.P.No.17149 of 2000 against the illegal functioning of the unit and the Director of District Panchayat issued a closure notice. The seventh respondent filed an appeal against the same before the Tribunal for Local Self Government Institutions, Trivandrum and the same was allowed with a direction to dispose of the renewal application filed by the 7th respondent. There also the license was issued only for 30 HP Motor. They have referred certain circulars issued by the State Pollution Control Board regarding the citing criteria for establishment and expansion of primary crushers in 2012 and this is against the same.
3. This Tribunal had considered the same and as per order dated 2.3.2020 after considering the pleadings observed that the unit was functioning without necessary 'consent' for certain period and without intimating the Pollution Control Board and thereafter it was regularised and we have directed the Pollution Control Board to conduct ambient air quality and noise level test and submit the same, apart from considering imposition of environmental compensation and posted the case from time to time for that purpose.
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4. The applicant was not appearing since long time.
5. The Pollution Control Board has submitted a report dated 9.10.2020 and received by this Tribunal on 1610.2020 which reads as follows:
"REPORT FILED BY THE SECOND RESPONDENT (ENVIRONMENTAL ENGINEER, DISTRICT OFFICE WAYANAD) AS PER THE ORDER DATED 09.01.2020 IN THE ABOVE APPLICATION I, Shiju M.A, 42 years, S/o M.C Ayyankutty, now working as the Environmental Engineer, District Office, Kerala State Pollution Control Board, Wayanad. I know the facts and circumstances of the case. The factual submissions made here under are true and correct to the best of my knowledge, information and belief. In these circumstances, it is just and necessary that this Hon'ble Tribunal may be pleased to accept the accompanying report on file and it is so humbly prayed in the interests of justice in this case.
This report is in continuation to the earlier report filed by Environmental Engineer, 2nd respondent, on 20.02.2020. As per the order of Hon'ble Tribunal dated 02.03.2020 on the above case, a fresh inspection was conducted by the 2nd respondent, on 25.08.2020 for the calculation of Environmental Compensation.
Subsequently the unit owner had submitted a letter stating that the unit has not functioned from 04.02.2015 to till date, as the local body has issued stop memo(True copy of the letter is enclosed as ANNEXURE R2(a)). As stated in the letter, the unit has conducted trial run on 26.09.2017 as per the Hon'ble High court order and ambient monitoring was carried out by a private agency. Further District office Wayanad of Kerala State Pollution Control Board has conducted a trial run on 12.04.2016 for monitoring ambient air/sound level. The unit has functioned only in the above two days as directed by the Hon'ble High Court and the board during this period.
By considering all the above this office has reached in a conclusion that the unit has not functioned illegally during the period, even if the unit has installed an additional secondary crusher without the consent of the Board.
All the above are true to best of my knowledge, information and belief. Dated this the 07th day of October 2020 ENVIRONMENTAL ENGINEER"
6. The Geologist also filed a report dated 8.9.2020 which reads as follows:
"REPORT SUBMITTED BY THE GEOLOGIST, WAYANAD BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL, CHENNAI, IN APPLICATION No. 266/2017 SUBMITTED BY JOSE PARAYIL 3 I am the Geologist, District Office, Department of Mining and Geology Wayanad and the 3rd respondent in the above Application.
Sri. P.V Devassykutty, managing partner M/s Sila Bricks and Granites Nallornadu P.O Wayanad possessed a Certificate Of Registration for stocking and selling and/processing of minerals vide No.9/2014-15/MM/GS/DOW/M-640/2015 dated 25.03.2015 issued from the office of this respondent. It was valid for a period of five years till 24.03.2020. He also possessed a Dealer's License No.75/2015-16/DL/GS/CRU/DOW/M-1001/2016 dated,31.03.2016 which was valid till 30.03.2017. Both the registration and license were issued as per Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules 2015 for stocking and selling of granite building stone products in 0.3358 Hectares of land in Survey No. 17/1 of Nallornadu Village of Manathavady Taluk Wayanad District. When he applied for the renewal of Dealers License was assigned as per Rule 4 of Kerala Land Assignment rule, 1964 and also in accordance with conditions under Rule 9(1), 9(2). He approached the Hon'ble High Court vide WP(C) 685/2020 against the decision of the Geologist. . The Hon'ble Court vide Judgment dated, 13.01.2020, directed the Geologist to reconsider the application and pass orders after affording an opportunity of hearing to the petitioner. Copy of the judgment is marked as Exhibit R3-1. The Geologist on 27.02.2020 renewed the sealers license vide No. 74/2019- 20/MM/GS/DOW/M-1484/2019. The validity of the Dealers Licence was limited to a period till 24.03.2020 since the Registration was about to expire on 24.03.2020. The application submitted during that time for renewal of registration was not considered as he had possessed valid registration.
After the expiry of Registration, the Managing Partner of the crusher unit approached this respondent for its renewal. On 27.04.2020, he submitted an application for the renewal of Dealers Licence which was also expired on 24.03.2020. However, the office of the respondent received a communication from the Sub Collector, Manathavady stating that a direction has been given to the Tahsildar, Manathavady to cancel the patta issued for agriculture purpose to the land in which M/S Sila Bricks and Granites is situated. Based on the communication, an explanation was sought from the managing partner of the firm regarding the cancellation of patta of the land where he had applied for Dealers Licence and Registration. In reply, he stated that neither the patta is cancelled nor any hearing is being conducted in this regard by the Tahsildar, Manathavady. However on 06.05.2020,this office received a copy of letter no. A3- 7697/2015 from the Tahsildar, Manathavady addressed to the firm stating that action is being taken to cancel he patta of the land and the same could not be completed because of the closure of the office due to COVID-19. The letter also states that the hearing will be conducted shortly and the patta will be cancelled. The letter also states that the hearing will be conducted shortly and patta will be cancelled. After that on 18.05.2020, this office conducted a hearing of the Managing Partner after issuing a notice to him. He attended the hearing and stated again that the patta is not cancelled and hence his application is to be considered. The Certificate of Registration for stocking and selling and processing of minerals is issued vide rule 9(2) of Kerala Minerals (Prevention of Illegal Mining Storage and Transportation ) Rules, 2015 for a period of five years. A Dealers Licence is issued for a period of one year as per the Rule 15 of 4 the above rules to land in which there is valid Registration. As the process of cancellation of patta was in progress, the application for renewal of Dealers Licence and Registration was not considered and the same was communicated vide letter no.DOW/M-328/2020 dated, 20.05.2020. The managing partner of the firm filed WP(C) No. 10582/2020 before the Hon'ble High Court against the decision of the respondent. The Hon'ble High Court vide judgment dated 29.05.2020 in WP(C)No. 10582/2020 ordered to grant renewal of the Dealers License and depot license on provisional basis. The Hon'ble Court also ordered that the proposed land against cancellation proceedings which is pending against the petitioner shall not be ground for even refusing the renewal of the deposit licence and dealer's license at least on provisional basis. Copy of the judgment marked as Exhibit-R3-2. Consequently, this respondent had considered the application of the firm and renewed the dealer's license and depot registration on provisional basis with the condition that the validity the same is subject to final land assignment cancellation proceeding by the revenue authorities concerned.Dated this 8th day of September,2020- Geologist, Wayanad"
7. When the matter came up for hearing today through Video Conference, there is no representation for the applicant even today. Mr. E.K. Kumaresan represented respondents 1 and 3 to 5 and Mrs. Rema Smrithi through Ms. Nivedita S. Menon represented the second respondent.
8. Since the unit is not functioning in view of the stop memo issued by the local body, we feel that the applicant is not interested in prosecuting the matter and that was the reason why he is not appearing and not interested in prosecuting the matter. Since the unit is not functioning now, we do not think that there is any necessity for passing any further orders in this regard.
9. So the application is disposed of for non prosecution, making the above observations.
.....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.266/2017-9.11. 2020-kkr 5