National Green Tribunal
Rural Organisation For Social ... vs State Of Odisha Through Secretary ... on 18 February, 2020
Item No. 06 & 07
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 02/2019 (EZ)
(I.A. No. 01/2019(EZ), (I.A. No. 81/2019(EZ) & I.A No. 12/2020(EZ))
WITH
Original Application No. 03/2019 (EZ)
(I.A. No. 02/2019(EZ)& I.A. No. 13/2020(EZ))
Rural Organisation for Social
Empowerment (R.O.S.E.) Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
WITH
Associated Social Service Agency (ASSA) Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 18.02.2020
CORAM : HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON'BLE MR. SIDDHANTA DAS, EXPERT MEMBER
For Appellant(s): Mr. Anindya Kumar Mishra, Advocate
For Respondent (s): Mr. Soubhagya Ketan Nayak, AGA for R-1, 5 & 6
Mr. Gora Chand Roy Choudhury, Adv for R-2&3
Mrs. Papiya Banerjee Bihani, Adv for R-4
ORDER
1. In these applications, the applicants assail the grant of mining lease for sairat sources (Stone Mining) in the village of Sarisua Kapilajhari Bandhanata in Khaira Tehsil, District Balasore, Odisha as a consequence of an advertisement dated 17.08.2017 called therefor. It is stated that the quarrying began in the March, 2018. The primary 1 ground questioning the lease is that the area where the mining lease has been granted falls in the Eco-Sensitive Zone surrounding the Kuldiha Wildlife Sanctuary declared vide the notification No. S.O. 2539 (E), dated 09.08.2017 of the Ministry of Environment, Forests and Climate Change. The case of the applicant is that the activity is a prohibited activity under the said notification.
2. The next concern expressed by the Applicant is that as the area where lease had been granted lies adjacent to the traditional Similipal- Hadagarh-Kuldiha Inter District Wildlife Corridor, it poses imminent and definite threat not only to the ecology of the locality but also the Elephant Corridor. The Leased out sources is also stated to fall in the catchment area of a perennial natural water source located within the Eco-Sensitive Zone.
3. Having regard to the facts and circumstances set-out in the original application, a report was called for from the PCCF (HoFF)), Odhisa after getting an inspection carried out to ascertain on the factual aspects. It was further directed that if the allegation are found to be correct, to take appropriate action in accordance with law to prohibit such activities. The question of environmental loss and damage was also left open including the cost of remediation, restitution and restoration for environment to be assessed later.
4. The report of the PCCF (HoFF), Odisha was filed before us and taken up on 16.10.2019, the relevant portion of which had been taken note of which we may reproduce below for convenience. 2
5. Report has been received from the PCCF (HOFF) according to which it has been observed as under:
"III. Frequent movement of elephants is reported from Kuldiha Wildlife Sanctuary on the foothills of Sukhuapata hill of Mayurbhanj district up to Kalo reservoir of Kaptipada Range of Baripade. The corridor between Hadgarh&Kuldiha is used round the year by the elephants for its movement. There is an evident threat to the habitat and the Elephant corridor due to quarrying because of its onsite and offsite environmental effects. The fact of existence of these quarries around the traditional Similipal - Hadgarh - Kuldiha - Similipal elephant corridor was place by the State CWLW before the 40th Meeting of SC-NBWL which recommended the proposal for operation of 97 stone quarries with certain pre-conditions as detailed earlier at Para No. 1. Though, these 97 quarries form a cluster as requisite no environment management plan has been submitted by the Revenue Authorities yet.
IV. Accordingly, as per the recommendation of the 40 th meeting of SC-NBWL, a comprehensive Wildlife Management Plan (CWLMP) to mitigate the impact to be caused by operation of all quarries & transportation of materials got approved by the Government of Odisha, F & E Department during July 2017 with a financial outlay of Rs. 677.13 lakh to be spent over a period of 10 years. Part of the proposal for taking of Bald hill plantation over 200 ha. At an estimated cost of Rs. 408.40 lakhs was proposed to be addressed through the CAMPA/other State Funding and rest funds of 677.13 lakh was to be allocated from Environment cost to be released form all quarries rationally in proportion to the quantity of production. However, it is observed that the payment of Environment Cost towards implementation of the CWLMP is yet to be made by the Revenue authorities. "
6. In addition to above, it has been further observed and recommended that:
"A. Those quarries those have made ingress into ESZ boundary must be penalized as per extent of ingress & destruction particulars. In this regard Mining Department and Revenue Department jointly in each of these observed cases may assess damage cost 3 /restoration cost, responsible quarries for the damage and realization of penalty amount etc. If needed, necessary services of expert organization like ICFRE, Dehradun /TERI, New Delhi may be taken in this regard. Till the completion of the exercise, the operation of these quarries may considered to be stooped.
B. District Collector-cum-Chairman, DEIAA, Balasore may allow further quarry operation in the area only after obtaining specific clearance by SEIAA, Odisha as per order dated 11.12.2018 of the Hon'ble NGT in the Executive Application No. 55/2018 in O.A No. 520/2016, Vikrant Tongad Versus. Union of India, directing that the notification dated 15.01.2016 of MoEFF& CC will stand suspended till a fresh notification issued by the MoEFF& CC, New Delhi.
C. There is every likelihood in future of further higher ingress of quarries in the Eco Sensitive Zone, considering the close vicinity of these quarries to the ESZ. In order to avoid any further future ingress within the limit of ESZ, DGPS (Differential Global Positioning System) mapping should be immediately taken up for all the 97 quarries with permanent pillar posting. The vector polygon of the quarries may be shared with all concerned departments. The intactness of all the ESZ pillars for demarcation of ESZ must be ensured by the Revenue Department as some of the pillars during field visit were found missing. The Environment Management Plan for cluster of the quarries is yet to be finalized with ensuring its strict adherence. Further, implementation of Comprehensive Wildlife Management Plan by immediate deposit of Environment Cost by the District Administration needs to be ensured. A "Monitoring Committee" as recommended by NBWL & NTCA may be constituted immediately at the district level to look into the wildlife & environment issues on bi-monthly basis.
D. As quarry operation is being carried out adjacent to the identified traditional Similipal - Hadgarh - Kuldiha - Similipal Elephant Corridor, process should be initiated with the pending proposal for declaration of the conservation Reserve in that area U/S - 36 of the Wildlife (Protection) Act 1972 by the Principal Chief conservator of Forests (Wildlife) & CWLW, Odisha in order to avoid further destruction in that corridor apart from other site specific restoration plan as deemed appropriate to mitigate the impact caused due to rampant quarry operation and maintain ecological balance."4
7. From the above, it would be quite apparent that out of the 97 stone quarries, 11 of them ingress into the Eco Sensitive Zone and the rest were being operated adjacent to the identified traditional Similipal - Hadgarh - Kuldiha - Similipal Elephant Corridor. It had been suggested that process should be expedited in respect of the pending proposal for declaration of a Conservation Reserve in the area under Section 36 of the Wild Life (Protection) Act 1972 by the Principal Chief Conservator of Forests (Wildlife) & CWLW, Odisha in order to avoid further destruction in the corridor and carry out other site specific restoration plan as deemed appropriate for mitigation of the impact caused due to rampant quarry operations and to maintain ecological balance.
8. By order 16.10.2019, we had expressed our anxiety on the fact that 86 stone quarries admittedly were actively in operation adjacent to the declared elephant corridor which would be deleterious to the environment as it was likely to cause obstruction in the corridor resulting in man-animal conflict. We, therefore, were of the considered opinion that the entire corridor should be brought within the ambit of the Eco Sensitive Zone and accordingly directed the State Government to take immediate steps towards that direction after due consultation with the experts. It was further directed that operation of any of the quarries which were either ingressing into the Eco Sensitive Zone or in operation adjacent thereto should not be permitted. A direction also was issued for urgent implementation of the recommendation made by the PCCF (HOFF), Odisha in his report. The State respondent had also been directed to file a report on the actions 5 taken with regard to the matters in question and against the various directions issued by the Tribunal.
9. As per the consequent report filed by the State, it was stated that pursuant to the directions of the Tribunal, pillar posting in respect of DGPS survey of 97 quarries and preparation of cadastral map had been completed recently. As regards 11 ingress points, all 12 cases had been submitted for cancellation vide letter dated 07.11.2019. The environmental compensation against damage/restoration of environment was being assessed by a joint team comprising of Revenue, Forest and Mining Officials. An amount of Rs. 36,59,649/- had been collected from the illegal miners towards compensation Comprehensive Wild Life Management Plan and Rs. 76,51,568/- towards Environment Management Fund. Since, the DGPS survey was under process, further report was directed to be submitted giving the current status of the action being taken by the Tahasildar, Khaira.
10. Today, Mr. Soubhagya Ketan Nayak, learned Additional Government Advocate submits that report has been filed by the State which in substance conveys that the DGPs survey had since been completed by the State.
11. The PCCF (HoFF), Odisha in his report referred to earlier has provided the details of the 11 quarries ingressing into the Eco Sensitive Zone which is reproduced below:
" ORSAC SI.No. Ingress Nearest Ingress Activities Map between quarry area (in pillars No. Ha. ) Part-I 01 263 to 11&15 0.22 Excavation has 264 been made within ESZ 6
-do- 02 253 to 16&17 0.14 Formation of a 255 road by digging soil & breaking stone inside ESZ for movement of machinery Part-II 03 236 to 41&42 0.13 Excavation has 237 been made within ESZ
-do- 04 230 to 44 0.45 Formation of a 232 road by digging soil &breaking stone inside ESZ for movement of machinery
-do- 05 217 to 53 0.06 Excavated & 219 made a road inside ESZ for movement of machinery and blasting inside ESZ area.
-do- 06 207 to 56&60 0.98 Dumped
209 excavated
soil& debris
within the limit
of ESZ.
-do- 07 223 to 46&48 0.96 Road formation
226 inside ESZ area.
Part-III 08 202 to 70 0.31 Excavated &
203 formed a road
within ESZ
-do- 09 191 to 88 0.96 Made a road by
192 digging soil &
breaking stone
inside ESZ for
movement of
machinery.
-do- 10 197 to 2 0.09 Quarry No. 2 &
199 6 are now non-
operational as
per decision
taken
11 197 to 6 0.76 by district
199 administration
of Mayubhanj
district and
closed on 23rd
July, 2018. "
7
12. It is further stated that all quarries are less than 5 hectares and are located in the vicinity of Sarisua Kapilajhari Bandhanata village under Khaira Tahasil & spread over an area of Ac. 173.5 and on the other side of the hillock, a part of the traditional Elephant Corridor "Similipal-Hadgarh-Kuldiha-Similipal" is situated.
13. In respect of the traditional Elephant Corridor, the following is the finding given in the report:
"i. This link between Kuldiha & Hadgarh Wildlife Sanctuary with this traditional Elephant Corridor is coming under the Mayurbhank Elephant Reserve notified by the Govt. of Odisha, F&E Deptt. Vide their Notification No. 8F(W)-42/2001 15806/F&E dt. 29.01.2001 comprising portion of Mayurbhanj, Balasore, Bhadrak & Keonjhar district under the Central Scehme "Project Elephant".
Portion of the corridor pertaining to Balasore District is Govt. land, other than forest kissam in village Suasari- Kaplilajhari-Bhandhanahata&Kaithangadia. Copy of the Notification dtd. 29.01.2001 is annexed herewith as Annexure-8.
ii. Frequent movement of elephant is reported from Kuldiha Wildlife Sanctuary on the foothills of Sukhuapata hill of Mayurbhaj district up to Kalo reservoir of Kaptlpada Rangae of Baripada. The corridor between Hadgarh & Kuldiha is used round the year by the elephants for its movement. There is an evident threat to the habitat and the Elephant corridor due to quarrying because of its on-site and off-site environmental effects. The fact of existence of these quarries around the traditional Similipal-Hadgarhy- 8 Kuldiha-Similipal Elephant corridor was place by the State CWLW before the 40th Meeting of SC-NBWL which recommended the proposal for operation of 97 stone quarries with certain pre-conditions as detailed earlier at Para No.1. Though, these 97 quarries form a cluster as requisite no environment management plan has been submitted by the Revenue Authorities yet.
iii. Accordingly, as per the recommendation of the 40 th Meeting of SC-NBWL, a Comprehensive Wildlife Management Plan (CWLMP), to mitigate the impact to be caused by operation of all quarries & transportation of materials got approved by the Govt. of Odisha, F&E Department during July 2017 with a financial outlay of Rs. 677.13 lakh to be spent over a period of 10 years. Part of the proposal for taking of Bald hill plantation over 200 ha. at an estimated cost of Rs. 408.40 lakhs was proposed to be addressed through the CAMPA/other State Funding and rest funds of 6.77/13 lakh was to be allocated from Environment Cost to be released from all quarries rationally in proportion to the quantity of production. However, it is observed that the payment of Environment Cost towards implementation of the CWLMP is yet to be made by the Revenue authorities."
14. In view of the his observations, the PCCF (HoFF), Odisha has made the recommendations reproduced earlier in paragraphs 6 and 7 which we find were well considered and is accordingly accepted.
15. In view of the above, we direct that the recommendations of the PCCF (HoFF), Odisha given in its report be acted upon having been accepted by us.
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16. The 11 quarries ingressing into the Eco Sensitive Zone shall be directed to confine their activities outside the Eco Sensitive Zone. All activities within the ingress area shall be stopped forthwith.
17. The environmental compensation shall be recovered from the trespassing mining units as assessed by the PCCF (HoFF), Odisha as per the guideline prescribed by the CPCB in accordance with law.
18. No mining activity shall be permitted within and in the vicinity of the Similipal-Hadgarh-Kuldiha-Similipal Elephant Corridor. Process under Section 36 of the Wildlife (Protection) Act, 1972 for declaration of conservation reserve in respect of the identified traditional elephant corridor shall be completed within a period of three months or within the timeline prescribed under the Act.
19. With the above directions, both the original applications stand disposed off with no order as to cost.
20. Consequently, all the I.As also stand disposed off.
S. P. Wangdi, JM Dr. Satyawan Singh Garbyal, EM Siddhanta Das, EM 18th February, 2020 Original Application No. 02/2019 (EZ)ag 10