National Green Tribunal
A.Kathirvel vs Union Of India Ministry Of Environment ... on 28 February, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.9:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.106 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
M. Kathirvel (42 years)
S/o. K. Marappa Gounder,
No.138, Kattumunnur Post,
Munnur Village, Pugalur Taluk,
Karur District - 639 111.
...Applicant(s)
Versus
1) Union of India,
Rep. by its Secretary,
Ministry of Environment, Forests & Climate Change,
Indira Paryavaran Bhavan, Jor Bagh,
New Delhi - 110 003.
...Originally R1
2) State of Tamil Nadu
Rep. by its Principal Secretary,
Public Works Department,
Secretariat, Chennai - 600 009.
...Originally R2/Deleted
3) Tamil Nadu Pollution Control Board
Rep. by its Chairman,
Anna Salai, Guindy,
Chennai - 600 032.
...Originally R3/Re-arrayed R2
4) The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
No.26, Ramakrishnapuram West,
Karur - 639 001.
...Originally R4/Re-arrayed R3
5) The Assistant Director of Geology & Mining,
302, Collectorate Complex,
Karur District - 639 007.
...Originally R5/Re-arrayed R4
6) The District Collector,
Karur District,
Karur - 639 007.
...Originally R6/Re-arrayed R5
Page 1 of 48
7) The State Environmental Impact Assessment Authority
Represented by its Member Secretary,
No.1 Jeenis Road, Panagal Building,
Saidapet, Chennai - 600 015.
...Originally R7/Re-arrayed R6
8) The Revenue Divisional Officer,
Revenue Divisional Office,
Karur - 639 007.
...Originally R8/Re-arrayed R7
9) The Tahsildar
Tahsildar Office,
Pugalur,
Karur District - 639 117.
...Originally R9/Deleted
10) The Village Administrative Officer,
Munnur Village,
Karur - 639 111.
...Originally R10/Deleted
11) The Inspector of Police,
K. Paramathi Police Station
NH - 67, Coimbatore Trichy Main Road,
Aravakuruchi Taluk,
Karur District - 639 111.
...Originally R11/Deleted
12) The Tamil Nadu Water Supply and Drainage Board
District Water Testing Laboratory,
TWAD Board
No.5/860, Anbu Illam, NGO Colony,
Near Uzhavar Sandhai, Dindugul - 624 005.
...Originally R12/Deleted
13) Devaraj
S/o. Subramani,
7/14, Raj Residency
Pon Nagar, Andankovil
Karur District - 639 002.
...Originally R13/Re-arrayed R8
14) T. Selvarani
W/o. K. Kandasamy
59/1/4, Raj Residency
Pon Nagar, Andankovil
Karur District - 639 002.
...Originally R14/Re-arrayed R9
Page 2 of 48
15) Thiru. Thangaraj
S/o. Kandasamy,
59/1/4, Raj Residency
Pon Nagar, Andankovil
Karur District - 639 002.
...Originally R15/Re-arrayed R10
16) M/s. Bala Vinayaga Blue Metals
Rep. by its Managing Partner
Mr. Thangaraj
S.F. No.571, Saminatha Puram,
Munnur Post, Pugalur Taluk,
Karur District - 639 111.
...Originally R16/Re-arrayed R11
(Original Respondents No.2 & 9 to 12 were deleted and
Re-arrayed as per order dt.20.05.2021.)
For Applicant(s): Mr. G. Prabhu represented
Mr. K. Nagendra Prasad.
For Respondent(s): Mr. Meyyappan represented
Mrs. Me. Saraswathy for R1 & R6.
Mr. S. Sai Sathya Jith for R2 & R3.
Dr. D. Shanmuganathan for R4, R5 & R7.
Mr. V. Anandha murthy for R8 to R11.
Date of Judgment: 28th February 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
1. The grievance in this application is regarding the illegal operation of the quarries and crushing units by the original 16th Respondent who has been re-arrayed as 11th Respondent, of which, Original Respondents Page 3 of 48 No.13 to 15 were partners and the violations committed by them in respect of conditions imposed in the Environmental Clearance (EC) as well as consent / permission granted.
2. It is further alleged in the application that they are causing air, noise, soil and water pollution as well. On the basis of the earlier compliant, inspections were conducted by the officers and certain deficiencies were noted and show cause notices were issued for rectifying the same which was challenged before the Hon'ble High Court of Madras at Madurai Bench by filing W.P. No. 3398/2020 and W.P. 3399/2020 and the same are pending. Further, excess mining was also done by these units and mining was extended to the area other than the permitted area as well.
Since some illegalities were found in transportation of materials, a crime was registered as F.I.R. No. 243/2020 dated 07.05.2020. But in spite of that illegal activities were still continuing.
3. According to the applicant, party respondents are using heavy explosives than permitted, causing lot of noise pollution. The pollution control mechanisms provided are not effective and causing dust pollution as well. The quarrying is conducted very near to the residential houses causing damage to the nearby houses. The authorities have not taken any action against them, in spite of the fact that certain violations were noticed by them.
4. That prompted the applicant to file this application seeking the following reliefs:-
―A. Direct the 4th respondent to take steps to initiate cognizance against the 16th respondent for violation of the Environment (Protection) Act, 1986.Page 4 of 48
B. Direct the respondent No. 1, 3, 4, 6, 7, 8 & 9 to ensure that no mining activities are conducted by the 16th Respondent in violation of the provisions of the EIA Notification, 2006.
C. Direct the 16th Respondent to pay compensation to the Applicant as victim of the provisions of the EIA Notification, 2006.‖
5. Since the Original Respondents No.2, 9 & 10 to 12 had no role to play and no relief had been claimed against them, this Tribunal found that they were not necessary party to the proceedings and they were deleted from the party array.
6. While admitting the matter, this Tribunal had appointed a Joint Committee comprising of (i) a Senior Officer from the Integrated Regional Office, Ministry of Environment, Forest and Climate Change (MoEF&CC), Chennai, (ii) a Senior Officer from the State Environment Impact Assessment Authority (SEIAA) - Tamil Nadu, (iii) The Revenue Divisional Officer, Karur, (iv) The Assistant Director of Geology & Mining, Karur District and (v) a Senior Officer from the Tamil Nadu Pollution Control Board (TNPCB) as deputed by its Chairman to inspect the unit in question and submit a factual as well as action report, if there is any violation found.
7. The committee was directed to ascertain as to
(i) whether the present 11th Respondent (Originally 16th Respondent) unit is having all necessary clearance and permissions,
(ii) whether sufficient pollution control mechanism has been provided,
(iii) whether any pollution viz., air, noise and soil pollution Page 5 of 48 has been caused on account of the operation of the unit as alleged by the applicant,
(iv) whether any excess mining has been done or mining is being carried out in an area other than the area permitted and if so, what is the nature of action taken.
(v) If there is any violation found, the committee was directed to assess the environment compensation apart from imposing penalty and royalty for excess mining done as provided under the respective rules.
(vi) The committee was also directed to conduct the soil analysis and also water analysis of water bodies nearby and ascertain as to whether there was any degradation caused on account of the operation of these units and if there is any contamination found, what is the remedial measures to be taken for rectifying the same and that must also be incorporated in the report.
8. The Department of Mines and Geology was designated as the nodal agency for co- ordination and for providing necessary logistics for this purpose.
9. The case was posted to 01.07.2021 for appearance of parties, filing independent response and also for consideration of report.
10. The 6th Respondent filed a counter affidavit reiterating the procedure for grant of Environmental Clearance (EC) as per the provisions of the EIA Notification, 2006. The 11th Respondent (Originally 16th Respondent) submitted an application to the SEIAA - Tamil Nadu on 05.02.2014 Page 6 of 48 seeking Environmental Clearance (EC) for quarrying of Rough Stone over an extent of 4.86.0 Ha. at S.F No. 571(p), 670(p), 669, 671 of Munnur Village, Aravakurichi Taluk, Karur District for production of 5,62,600 Cu.m of Rough Stone upto the depth of 32 mm BGL. It was placed before the 53rd Meeting of the State Level Expert Appraisal Committee (SEAC) held on 30.04.2014 and the committee has recommended for issuance of Environmental Clearance (EC), subject to certain conditions. The same was placed before the State Level Environment Impact Assessment Authority (SEIAA) in their 107th Meeting held on 12.05.2014 and issued Environmental Clearance (EC) vide their letter No. SEIAA-
TN/F.No.2264/EC/1(a)/1281/2014 dated 20.05.2014, subject to specific conditions viz., the Environmental Clearance (EC) will be coterminous with the mine lease period, however limited to a maximum period of 5 years from the date of issue. The activities of Stone Crusher & M-Sand units do not attract the EIA Notification, 2006 as amended. As per the G.O. (Ms) No.29 dated 21.03.2020 issued by Environment and Forests (EC.3) Department has stated that "...10. The Government, after careful examination, accept the proposal of the Chairman, Tamil Nadu Pollution Control Board and empower the Tamil Nadu Pollution Control Board to monitor the compliances of Environmental Clearance conditions further issuance of the compliance certificate relating to Category "B" projects issued by the State Level Environmental Impact Assessment Authority. ..‖.
11. They have reiterated the order passed by the Tribunal appointing the Joint Committee and also reiterated the things noted by the Tribunal in the order dated 03.08.2021 that the learned counsel appearing for the applicant submitted that at the time of inspection, there was heavy rain, Page 7 of 48 and there was no proper inspection conducted, and even not the quarry was functioning. The committee was directed to conduct the fresh inspection when the unit was functioning, then evaluate the situation and then incorporate their observations also in the report. In compliance of the order dated 03.08.2021, they submitted a report with recommendations including Environmental Compensation for the excess and illegal mined out minerals. So, they prayed for passing appropriate orders accepting their contentions.
12. The 11th Respondent (Originally 16th Respondent) has filed their reply affidavit contending that the application is not maintainable. The resident of Munnur Village viz., Mr. K.R. Saktivel, who is none other than their vendor of the land in which quarrying permission obtained, in order to get unjust enrichment, has filed a Writ Petition in W.P.(MD) No.26572 of 2019 before the Madurai Bench of Madras High Court seeking direction to the authorities to take action against this respondent's unit for the alleged illicit quarrying operation and to close down the crusher unit in Sy.No.667 and quarry operation in Sy.Nos.568, 613, 614, 672, 571(Part), 669, 670(Part), 671 situated at Munnur Village and the same is pending for adjudication before the Hon'ble High Court of Madras at Madurai Bench. They could not secure any interim order in that Writ Petition. By referring the said Writ Petition, the District Collector/5th Respondent herein has served with the Show cause Notice vide Proceedings Na.Ka. No.827/Mineral/2019 dated 07.02.2020, directing the 11th Respondent (Originally 16th Respondent) to stop the quarrying operations in the above said lands for the alleged illicit and excess quarrying operations and further to show cause why the lease Page 8 of 48 hold right given to them for quarrying operations should not be cancelled and directed to appear for enquiry. They filed a Writ Petition as W.P.No.3399 of 2020 against that proceeding and obtained an interim order on 20.02.2020. In pursuance to the said interim order, the quarry was not in operation till date. They reserve the right to file suitable objections to the report of the Expert Committee appointed by this Tribunal. The Tahsildar, Pugalur Taluk has initiated Proceedings in Na.Ka.No.Aa1/1057/2019 dated 27.05.2020 to survey the lands in which the aforesaid units are located without disclosing any of the aforesaid proceedings. More particularly, the said Tahsildar was one of the members of the Joint Inspection Committee formed pursuant to the so called Public Interest Litigation. The said proceedings were challenged in W.P. (MD) No. 6594 of 2020 and an interim protection was given on 09.06.2020. While the matter stood thus, the present applicant who is the cousin brother of K.R. Saktivel residing in the very same address filed this application on 24.03.2021 with the similar prayer. The applicant along with his family members sold the property to the 11th Respondent (Originally 16th Respondent) and now chosen all the forums to obstruct the operation of units for various reasons. They have suppressed the various writ petitions pending at the instance of their cousin brother. No dwelling house and agricultural lands have been situated within 270 meters from the crusher unit and there are no dwelling houses in the vicinity i.e., within 600 meters of the crushing unit and the allegation contra to the same is not correct. No pollution has been caused on account of their activity. Litigations are pending before the Hon'ble High Court regarding various proceedings initiated against the 11th Respondent (Originally 16th Respondent) by the authorities. So, Page 9 of 48 they prayed for dismissal of the application.
13. As per order dated 24.09.2021, this Tribunal had considered the Joint Committee report signed by majority of the members on 27.08.2021 and by one member on 30.08.2021, e-filed on 30.08.2021 and extracted in Para (3) of the order which reads as follows:-
"Joint Committee Report on OA No.106 of 2021(SZ) filed before the Hon'ble National Green Tribunal, Southern Zone, Chennai.
Introduction Vide Order dated 20.5.2021 in O.A No. 106 of 2021, the Hon'ble NGT (SZ) has constituted a Joint Committee comprising of 1) a Senior Officer from Regional Office, Ministry of Environment, Forest & Climate Change (MoEF & CC), Chennai, 2) a Senior Officer from State Environment Impact Assessment Authority (SEIAA), Tamil Nadu, (3) The Revenue Divisional Officer, Karur, (4) The Assistant Director of Geology & Mining, Karur District and (5) a Senior Officer from Tamil Nadu Pollution control Board (TNPCB) as deputed by its Chairman to inspect the unit in question and submit a factual as well as action report, if there is any violation found.
Accordingly, the Joint committee comprising of the following officials visited the site on 28.07.2021 and again on 13.08.2021 in compliance with the direction of Hon'ble NGT vide its order dated 03/08/2021.
The complainant Thiru Kathirvel house in the farm land, agriculture land and well in the land was also inspected. The farm house of the petitioner was located at distance of 513 meters from the quarry lease boundary and 397 meters from the Crusher unit Page 10 of 48 (Crusher machineries).
The nearby habitation namely Rayagoundanputhur was also inspected. Five houses are located in the habitation and some new construction of houses was noticed in the area at distance of 225 meters from the quarry lease boundary and 505 meters from the Crusher unit.
Photos taken during the visit is at Annexure-A. Field Observation of the Committee:
1. During inspection, quarrying of Rough Stone in the non- leased out area was detected.
2. Sign Board is maintained regarding the details of lease, and also the time of blasting.
3. Barbed Wire Fencing was maintained all along the boundary of the lease hold area.
4. 7.5-meter safety zone was not maintained all along the boundary of the lease hold area.
5. Blasting is carried out by outsource only, no blaster of magazine is maintained in the quarry.
6. Water Sprinkler and Dust Suppression method are maintained in order to control the Air Pollution (Dust Pollution).
7. First Aid Medical Kit is available at the quarry site to give emergency treatment.
8. There is no record available on the Periodical Medical Examination done for the quarry Workers.
9. Mines Office is maintained in site and Mine Surface Plan is kept in the Mines Office.
10. Top soil was stocked in the mine area without maintaining requisite slope and garland drains were also not provided. This may leads to erosion of soil to the nearby areas during rain.
11. One crack was noticed in a house, which was about 80 years old as informed by the house owner and no cracks were noticed in remaining houses and temples in the nearby areas.
12. Green belt was not developed around the mine area and crusher unit.
Observation of the Committee against each direction given by the Hon'ble NGT (SZ) Vide Order dated 20.5.2021 in O.A No. 106 of 2021 is as follows:
I. The committee is directed to ascertain as to whether the present 11th respondent (Originally 16th respondent) unit is having all necessary clearance and permission.Page 11 of 48
The present 11th respondent (Originally 16th respondent) have quarry lease for quarrying Rough Stone in an extent of 4.86.0 Hects. of patta land in Survey Nos. 571(P), 669 & 670 (P) of Munnur Village, Pugalur(erstwhile Aravakurichi)Taluk of Karur District for a period of 5 Years vide Proceedings of the District Collector, Karur vide Proceeding No.565/Mine/2013, dated:20.02.2015. The period of lease was from 20.02.2015 to19.02.2020. and expired on 19.02.2020 and Environmental Clearance was obtained from the State Environment Impact Assessment Authority Chennai vide letter No. SEIAA TN/F.No.2264/EC/1(a)/1281/2014, dated:20.05.2014. The Unit has obtained Consent from the Tamil Nadu Pollution Control Board under Water and Air Act on 21.07.2016 for carrying out quarry operations for the period ending up to 31.03.2019. Further renewal of consent was not issued as the Environmental Clearance issued to the quarry expired on 19/05/2019.
Further, the present 11" respondent (Originally 16"
respondent) have one more quarry lease for quarrying Rough Stone over an extent 2.65.0 hectares of patta lands in S.F.Nos.568/1(Part) and 672(Part) of Munnur village, Pugalur (erstwhile Aravakurichi)Taluk, Karur District for a period of 5 years vide District Collector's Proceedings No.484/Mines/2017, dated:23.10.2017. The lease period is valid from 23.10.2017 to 22.10.2022 and Environmental Clearance was obtained from the District Environment Impact Assessment Authority, Collectorate Karur vide letter No. DEIAA-DIA/TN/MIN/8233/2017-KRR Ec.No.76/2017/Mines, dated:14.10.2017.The unit has obtained Consent from the Tamil Nadu Pollution Control Board under Water and Air Act on 01.11.2017 for carrying out quarry operations for the period ending up to 31.03.2022.
The crushing Unit of 11th respondent (Originally 16th respondent) is located in S.F. No. 667 of Munnur Village, Pugalur Taluk, Karur District and the unit is in operation from the year 2003. The unit manufactures 40,000 T/M, Blue metal jelly of various sizes and M-Sand 10,900T/M. The unit is having valid license of Consent to Operate from the District Environmental Engineer, Karur (TNPCB) for the period ending up to 31.03.2028.
The Stone Crusher Unit has obtained the Consent from the District Environmental Engineer, Karur and installed the following Machineries.
a) Primary Jaw Crushers -- 2 Nos
b) Secondary Jaw crushers - 4 Nos
c) Cone Crusher - 1No
d). VSI Pulveriser - 2No.Page 12 of 48
e) Vibrating Screens - 5 Nos
f) Sand Washers - 3Nos Thus the committee noticed that the unit has obtained all necessary clearance and permission for their operations.
Copy of the Mining lease is at Annexure-B, Environmental Clearance is at Annexure C and Consent for operation under Water and Air Act of mine and crusher are at Annexure-D and Annexure-E.
2. Whether sufficient pollution control mechanism has been provided, whether any pollution both air, noise and soil pollution has been caused on account of the operation of the unit as alleged by the applicant.
The unit has installed Air Pollution Control measures for Crushing machineries of Jelly and M-Sand. The unit has also installed DG Set 500 KVA and DG Set 62.5 KVA with Acoustical enclosures with Stack as Air Pollution Control Measures.
The Unit generates 0.7 KLD of Sewage and it is disposed with Septic tank and Soak pit arrangement.
The unit also generates 15 KLD of Trade Effluent from the M Sand Washing and the Unit has provided Settling Tanks for the treatment of Trade Effluent and the treated Trade Effluent is recycled for M Sand washing. The Unit has reported that the makeup water for M Sand washing is obtained from the rain water stored in the Quarry pit.
During the visit it is noticed that the Air pollution Control measures were in operation. The water sprinklers provided in the stone crusher are in operation and water was sprinkled in the vehicle movement area for dust suppression.
As per the analysis report there is no pollution to ground water, soil, air and noise level is also within the permissible limit. The analysis reports are at Annexure-F.
3. Whether any excess mining has been done or mining is being carried out in an area other than the area permitted and if so, what is the nature of action taken.
During inspection, quarrying of Rough Stone in the non-leased out area was identified and the details of S.F. Nos., Classification, areas under quarrying average depth of the pits and quantity so for quarried and transported without valid permission/Lease are as follows:
Page 13 of 48It is also noticed that on 20.01.2020 as per the direction of District collector a Joint Committee comprising of (1) Revenue Divisional Officer, Karur, (2) Assistant Director, Geology and Mining, Karur and (3) Tahsildar, Pugalur have been inspected the subject area and noticed that they have quarried Rough stone from non lease hold areas adjacent to the lease area. Accordingly action was initiated against the violators under the provisions of Rule 36(A) of TNMMCR 1959.
In this regard a WP (MD) Nos.3398 & 3399 of 2020 has filed by the violator before the Hon'ble Madurai Bench of Madras High Court and obtained an Order on 20.02.2020 in WMP Nos. 2858 & 2859 of 2020 and the Case is pending before the Hon'ble Court.
4. If there is any violation found, the committee is directed to assess the environment compensation apart from imposing penalty and royalty for excess mining done has provided under the respective rules.
The violation noticed was excess quarying in the non-leased out area and as per the analysis report of water quality, air quality and soil quality no abnormality was noticed except that of Total Dissolved solids, which is a characteristic of ground water in that area. However excess mining may results excess usage of water for dust suppression. As per the Environmental Clearance the daily water requirement of the unit is less than 0.06 m3 per day for dust suppression.
Therefore, the Environmental Compensation is calculated in accordance with Chapter IV: Environmental Compensation Rate (ECRGW) for illegal use of Ground Water in the Report of the CPCB Page 14 of 48 In-house Committee on Methodology for Assessing Environmental Compensation and Action Plan to Utilize the Fund which was formulated based on direction given by the Hon'ble National Green Tribunal (NGT), Principal Bench in the matter of Shailesh Singh v/s Central Ground Water Board & Ors. (Original Application No. 327/2018) vide order dated 03/01/2019. Copy of Chapter-1V in the report is at Annexure-G. The committee members who have formulated the CPCB report recommended that the minimum Environmental Compensation for illegal extraction of ground water for domestic purpose will be Rs. 10,000, for institutional/commercial use will be Rs. 50,000 and for other uses will be Rs. 1,00,000/-.
In view of this an environmental compensation of Rs.1,00,000/- is recommended for mining project and Rs.1,00,000/- is recommended for crusher unit in addition to the penalty and royalty for excess mining.
5. The committee is also directed to conduct the soil analysis and also water analysis of water bodies nearby and ascertain as to whether there was any degradation caused on account of the operation of these units and if there is any contamination found, what is the remedial measures to be taken for rectifying the same this may also be incorporated in the report.
During inspection on 28/07/2021 water sample was collected at the following locations and sent to analysis to TNPCB Advanced Environmental Laboratory, Salem and the results are as follows:
Page 15 of 48Water sample was also collected from the Panchayat bore well located adjacent to the unit. The public of Rayagoundanputhur has also given water sample for testing the water supplied by the Panchayat. The results of analysis are as follows:
The Bore well located in the unit premises is mainly used for Green belt development and for water sprinkling for dust suppression system. The water in the quarry pit is mainly used for makeup water in M Sand preparation. The report of analysis is compared with the irrigation discharge standards of TNPCB. The samples Code No 918,919 & 920 are meeting the irrigation standards. The water quality of Kathirvel open well is not meeting the irrigation standard. The open well is located about 330m away from the boundary of the unit whereas the panchayat bore well is located adjacent to the compound wall of the unit.
The water quality is not meeting the desirable drinking water standards specified in (IS 10500:2012). Mainly due to the high value of TDS prevails in the area.
The agricultural land in Munnur village and other 19 villages of Karur District are Ayacut area of Athupalayam Reservoir which located on the upstream side. The water source for Athupalayam reservoir is mainly from Noyyal River and water from Noyyal River is diverted through a feeder canal from Muthur barrage in Noyyal River. As the pollution issue of Noyyal River the Athupalayam Reservoir is generally not getting any water from Noyyal. In the year 2004, the Loss of Ecology Authority through Anna University has carried out a study and identified this village as one among the affected village in Karur district due to Noyyal River polluted water.Page 16 of 48
During the visit it is noticed that the Unit utilize the Water available within the premises for M sand process and also to suppress dust emission by sprinkling. The water used for M sand process is recycled to process after settling in tanks. Therefore the possibility of ground water contamination due to operation of the unit is very meager.
As directed by Hon'ble NGT (SZ) soil samples were also taken from four locations viz unit premises, Kathirvel farm land and sediment from Kathirvel farmland open well for analysis and the results are as follows:
The soil quality results reveals that the dust sample collected from the unit premises and the sediments from the well is saline in Nature whereas high salinity was not noticed in the soil sample collected from the complainant land. The complainant reported that the recent rains has washed away the dust deposit in his land and requested to make inspection during North East wind season. The complainant house and his land is located on the western of the unit. He further added that their land is not affected much during the present wind season of South West wind and they are highly affected during North East wind season of October to November. During inspection no visible dust deposit was noticed in the land.
The unit has provided compound wall and earthen bund on the four side to arrest carryover dust if any due to wind and also noticed that the dust suppression system are in place. Therefore, there is only a less possibility to carry over the dust.
However, the unit has not provided paved metal road within the premises to arrest dust emission during vehicles movement and only water sprinkling is carried out.Page 17 of 48
Recommendations
1) The unit should provide paved metal Road within the premises in the vehicle movement area within a period of two months' time.
2) The unit has to improve the green belt development primarily in the earthen bund.
3) 7.5-meter safety zone should maintain all along the boundary of the lease hold area.
4) The Competent Mining Person has to be appointed shortly in order to supervise the quarrying activities and also to control the Dust Emission by way of water sprinkling and to look after the welfare of the Workers engaged in both in the quarry site and in Unit.
5) Top soil stock in the mine area should maintain with requisite slope and garland drains to arrest the erosion.
6) During inspection, quarrying of Rough Stone in the non leased out area was detected and the quantity of gravel and rough stone quarried from non leased out area is worked out as 36,169.5 cbm | and 2,36,483.8 cbm respectively for which action need to be initiated as per rule 36- A of TNMMCR 1959 and as per the outcome of W.P.3398 & 3399 of 2020 filed before the Hon'ble High Court of Madras, Madurai Bench.
7) An amount of Rs. 200000/-(two lakhs) can be levy as Environmental Compensation in addition to the Royalty and Penalty. ―
14. This Tribunal had also considered the report submitted by the State Pollution Control Board dated 20.09.2021, e-filed on 23.09.2021 and extracted in Para (4) of the order which reads as follows:-
"REPORT FILED ON BEHALF OF THE 2ND & 3RD RESPONDENTS TAMIL NADU POLLUTION CONTROL BOARD I, R. Vijayabhaskaran, Son of E. Rathinam, Hindu, aged about 59 years, having my office at No.76, Mount Salai, Guindy, Chennai 600 032, do hereby solemnly affirm and sincerely stats as follows:
1. I am the Additional Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai-32, and I am filing this Report on behalf of the 2nd & 3rd Respondent, Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the as Page 18 of 48 per the records
2. It is respectfully submitted that the applicant M. Kathirvel, Karur has filed this application before this Hon'ble NGT with the following prayer:
a. Direct the 3rd Respondent to take steps to initiate cognizance against the 11th Respondent for violation of the Environment (Protection) Act, 1986.
b. Direct the respondent No. 1, 2, 3, 5, 6 & 7 to ensure that no mining activities are conducted by the 16th Respondent (actually 19th respondent herein) in violation of the provisions of the EIA Notification, 2006 c. Direct the 11th Respondent to pay compensation to the Applicant as victim of pollution and damage caused by the 11th Respondent
3. It is respectfully submitted that the Hon'ble National Green Tribunal (SZ) in its order dated 31.05.2021 in O.A. No. 106 of 2021 directed as follows:
"...para 11: to appoint a joint committee comprising of (1) a Senior Officer from Integrated Regional Office, Ministry of Environment, Forest and Climate Change (MoEF & CC), Chennai, (2) a Senior Officer from State Environment Impact Assessment Authority (SEIAA), Tamil Nadu, (3) The Revenue Divisional Officer, Karur, (4) The Assistant Director of Geology & Mining, Karur District and (5) a Senior Officer from Tamil Nadu Pollution control Board (TNPCB) as deputed by its Chairman to inspect the unit in question and submit a factual as well as action report, if there is any violation found.
Para 13: The committee is also directed to conduct the soil analysis and also water analysis of water bodies nearby and ascertain as to whether there was any degradation caused on account of the operation of these units and if there is any contamination found, what is the remedial measures to be taken for rectifying the same this may also be incorporated in the report.
Para 17: The Registry is directed to communicate this order to the members of the committee as well as the official respondents immediately through e-mail, so as to enable them to comply with the direction and for filing their independent response to the allegations made in the application and also for filing report as directed by this Tribunal".
Page 19 of 484. It is respectfully submitted that unit of M/s. Balavinayaga Blue Metal Stone Quarry, S.F. No. 568 Part & 672 (Part), Munnur Village, Pugazhur Taluk, Karur District has obtained Environmental Clearance vide DEIAA Letter No DEIAA-DIA/TN/MIN/8233/2017- KRR EC No. 76/2017 dated 14.10.2017 valid for 5 years to a validity period up to 13.10.2022 for the production quantity of Rough stone 281072 Cu M and Gravel 2738 Cu M. The unit has obtained consent of the Tamil Nadu Pollution Control Board under the Water (P&CP) Act, 1974 and the Air (P&CP) Act, 1981 on 01.11.2017 for carrying out quarry operations for the period ending up to 31.03.2022.
5. It is further submitted that the another stone quarry in the name of M/s. Balavinayaga Blue Metal Stone Quarry is located at S.F. No. 571 Part, 670 Part, 669 & 670, Munnur Village, Pugalur Taluk, Karur District has obtained Environmental Clearance vide Lr No SEIAA-TN/F.No.2264/EC/1(a)/ 1281/2014 dated 20.5.2014 valid for 5 years to a validity period up to 19.5.2019 for the production quantity of Rough stone 562600 Cu M over a period of Five Years. The unit has obtained consent of the Board under the Water (P&CP) Act, 1974 and the Air (P&CP) Act, 1981 on 21.07.2016 for carrying out quarry operation and renewed for the period ending up to 31.03.2019. Further renewal of consent was not issued as the Environmental Clearance issued to the quarry expired on 19/05/2019.
6. It is respectfully submitted that the unit of M/s. Balavinayaga Blue Metals stone crushing unit located at S.F. No. 667, Munnur Village, PugalurTaluk, Karur District and the unit is in operation since 2003. The unit has obtained consent of the Board to manufacture 40,000T/M Blue metal jelly of various sizes and M-sand 10,900T/M valid for the period upto 31.03.2028. The stone crusher unit has installed the following machineries, Primary Jaw Crushers - 2 Nos.
Secondary Jaw crushers - 4 Nos.
Cone Crusher - 1 No.
VSI Pulveriser - 2 Nos.
Vibrating Screens - 5 Nos.
Sand Washers - 3 Nos.
7. It is respectfully submitted that the unit of M/s. Balavinayaga Blue Metal Stone Crusher has installed requisite Air Pollution Control measures for the above stone crushing and M-Sand machineries. The unit has also installed DG set 500 KVA and DG set Page 20 of 48 62.5 KVA with Acoustical enclosures with Stack as Air Pollution control measures. The unit generates 0.7KLD of Sewage and it is disposed with Septic tank and Soak pit arrangement. The unit also generates 15 KLD of Trade effluent from the M Sand washing and the unit has provided settling tanks for the treatment of trade effluent and the treated trade effluent is recycled for M Sand washing. The unit has reported that the makeup water for M Sand washing is obtained from the rain water stored in the Quarry pit of the premises.
8. It is respectfully submitted that the Joint committee has carried out inspection the premises of the unit of M/s Balavinayaga Blue metal and the surroundings on 28/7/2021 and 13/08/2021. During the inspection the following were observed:
i. On the day of the inspection on 28/07/2021, the stone crusher and quarries were not in operation.
ii. The complainant Thiru. Kathirvel house in the farm land, agri land and well in the land was inspected by the joint committee iii. The nearby habitation namely Rayagoundanputhur was also inspected. Five houses are located in the habitation and some new construction of houses was noticed in the area.
iv. The public in the habitation and the applicant Kathirvel family members mainly complained about the vibration during blasting in quarry operation and dust pollution due to operation of the unit and vehicle movement. Further, the applicant has also complained that his well water quality was affected due to usage of contaminated Noyyal River water by the unit for M sand washing.
9. It is further submitted that, during inspection on 28/07/2021 water samples were collected from the following locations and sent to analysis to TNPCB Advanced Environmental Laboratory, Salem.
a. Water in the Quarry Pit.
b. From 2 Numbers of Bore well located in the unit premises. c. Open well located at Mr. Kathirvel's Agri land.
The Bore well located in the unit premises is mainly used for Green belt development and for water sprinkling for dust suppression system. The water in the quarry pit is mainly used for makeup water in M Sand preparation.
The Report of analysis of samples received from the lab is given in Table I & II Page 21 of 48 Page 22 of 48 The report of the analysis reveals that the water quality of Quarry Pit and Bore well at unit's premises are not meeting the desirable drinking water standards prescribed in IS 10500:2012
10. It is respectfully submitted that Water samples were also collected from the Panchayat bore well located adjacent to the unit. The water quality is not meeting the desirable drinking water standards specified in IS 10500:2012). Mainly the value of TDS of 500 mg/lit.
11. It is respectfully submitted the agricultural land in Munnur village and other 19 villages of Karur District are Ayacut area of Athupalayam Reservoir located on the upstream side. The water source for Athupalayam reservoir is mainly from Noyyal River and water from Noyyal River is diverted through a feeder canal from Muthur barrage in Noyyal River. As the pollution issue of Noyyal River the Athupalayam Reservoir is generally not getting any water from Noyyal. In the year 2004, the Loss of Ecology Authority through Anna University has carried out a study and identified this village as one among the affected village in Karur District due to Noyyal Page 23 of 48 River polluted water.
12. It is respectfully submitted that soil samples were also collected at the following locations,
a) From the unit premises (dust deposit near the main process area).
b) From Kathirvel Agri land
c) De silted soil and sediments from Kathirvel farm land open well.
The results of analysis are given in Table III The Report of Analyses reveals that the dust sample collected from the unit premises and the sediments from the well are saline in Nature. It is also noticed that salinity, was high in the sample of the complainant's land. The complainant reported that the recent rains has washed away the dust deposit in his land and requested to make inspection during North East wind season. The complainant house and his land is located on the western side of the unit. He further added that their land is not affected much during the present wind season of South West wind and they are highly affected during North East wind season of October to November. During inspection no visible dust deposit was noticed in the land.
13. It is respectfully submitted that as per the directions of Hon'ble NGT vide its order dt 03/08/2021 the said area was again inspected on 13/08/2021 and the following were observed:
i. During inspection the stone crusher unit was in operation ii. The Air pollution Control measures were in operation. iii. The water sprinklers provided in the stone crusher are in operation and water was sprinkled in the vehicle movement area for Page 24 of 48 dust suppression.
iv. The unit has provided 5m height compound wall for the entire premises of western side. The unit has provided earthen bunds on the other three sides to arrest carryover of dust.
v. The unit has to improve the green belt development within the premises.
14. It is respectfully submitted that, regarding water pollution there is no possibility of ground water contamination due to operation of the unit since the waste water generated from M-Sand unit is recycled after treatment. Regarding air pollution the unit has provided compound wall and earthen bund on the four side to arrest carry over of dust. The unit has not provided paved metal road within the premises to arrest fugitive dust emission during vehicle movement as a short term measures of water sprinkling is carried out to suppress dust. The unit has to improve the green belt development as a long term measure to constrain fugitive dust emission.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) at Chennai may be pleased to take this Report on Record and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice.‖
15. Thereafter, this Tribunal had passed the following order:-
―5. Though the learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that Consent to Operate granted was expired, there is nothing mentioned in the report as to whether the same has been renewed later or any action has been taken by the Board in this regard.
6. The joint committee also made certain recommendations regarding the excess mining in the non-lease area and what is the action taken by the Mining Department was also not clear, as the department has not filed any independent report regarding the same.
7. The learned counsel appearing for the respondents 8 to 11 submitted that in respect of the same issue, a Public Interest Litigation is pending and as regards certain action taken by the authorities, certain writ petitions have been filed and those writ petitions were reserved for orders, after detailed hearing.
8. The Tamil Nadu Pollution Control Board is directed to file further report as directed by this Tribunal.
9. The party respondents as well as the applicant are at liberty to file their objections (if any) to the joint committee report as well as to the report submitted by the Tamil Nadu Pollution Control Board before the next hearing date.
10. The applicant is also at liberty to file their rejoinder (if any) to the counter affidavit filed by the 11th respondent on their behalf and on behalf of the Page 25 of 48 respondents 8 to 10 before the next hearing date.
11. They are directed to file their respective reports as well as pleadings and objections (if any) to the report of the committee on or before 21.10.2021 by e-
filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
12. In the mean time, the 11th respondent as well as the official respondents are also directed to file a detailed statement regarding the present status of the writ petitions pending before the Hon'ble High Court of Madras at Madurai Bench before the next hearing date.‖
16. The case was posted to 21.10.2021 for completion of pleadings, filing objections (if any) to the report and consideration of further report.
Again, the matter was taken up on 26.11.2021 and this Tribunal had considered the status report submitted by the 4th Respondent/Assistant Director of Geology and Mining dated 09.11.2021, e-filed on the same date and extracted in Para (3) of the order which reads as follows:-
"STATUS REPORT FILED BY THE 4th RESPONDENT.
I, Dr.P.Jayapal, S/o.Ponnusamy, Hindu aged about 49 years, working as Deputy Director of Geology and Mining, Collector Office, Karur District do solemnly affirm and sincerely state as follows:
1) I am the 4 respondent herein and as such I am well acquainted with facts of the case from the available records.
2) It is submitted that One Thiru.M.Kathirvel, Munnur village, Karur District, has filed an Original Application No.106 of 2021(SZ) before the Hon'ble National Green Tribunal, South Zone, Chennai regarding operation of Rough stone quarries and crushing units by 11 respondent with prayer to.
(i) Direct the 34 Respondent ie., District Environmental Engineer, Tamilnadu Pollution Control Board, Karur to take steps to initiate cognizance against the 11 Respondent for violation of the Environment (Protection) Act, 1986.
(ii) Direct the respondent No. 1, 2, 3, 5, 6 & 7 to ensure that no mining activities are conducted by the 11th Respondent in violation of the provisions of the EIA Notification, 2006.
(iii) Direct the 11% Respondent to pay compensation to the Applicant as victim of pollution and damage caused by the 11th Respondent.Page 26 of 48
(iv) Pass such any other ordered, direction or reliefs as this Hon‗ble Tribunal may deem fit in the interest of justice, equity and good conscience.
3) It is respectfully submitted that, as ordered by the Hon'ble National Green Tribunal, South Zone, Chennai(SZ), the joint committee has inspected the subject quarries and crusher units on 28.07.2021 and subsequently on 13.08.2021. Further, submitted the joint committee report date 30.08.2021 through e-filing in searchable PDF format before the Hon'ble National Green Tribunal, South Zone, Chennai(SZ).
4) It is submitted that the Hon'ble National Green Tribunal, South Zone, Chennai(SZ) in its order dated 24.09.2021 in Original Application No. 106 of 2021 (SZ) in para 11 of the order stated that ―The joint committee also made certain recommendation regarding the excess mining in the non lease area and what is the action taken by the Mining Department was also not clear, as the department has not filed any independent report regarding the same‖.
5) It is submitted that, the action taken by the Mining Department for excess mining in non-lease area are as follows.
i. It is respectfully submitted that 2.4 renewal of quarry lease has been granted to the 11t respondent i.e., Tvl. Balavinayaga Blue Metals for quarrying Rough Stone over an extent of 2.65.0 hectares of patta lands in S.F.Nos.568 /1(Part) and 672(Part) of Munnur village, Pugalur (erstwhile Aravakurichi)Taluk, Karur District for a period of 5 years vide District Collector Proceedings No.484/Mines/2017, dated:23.10.2017. The lease period is valid from 23.10.2017 to 22.10.2022 for which Environmental Clearance was obtained from District Environment Impact Assessment Authority, Collectorate Karur vide letter No. DEIAA-DIA/TN/MIN/8233/2017-KRR Ec.No.76/2017/Mines, dated:14.10.2017.
ii. It is further submitted that 2.4 renewal of quarrying lease has been granted to 11th respondent i.e., Tvl.Balavinayaga Blue Metals for quarrying Rough Stone over an extent of 4.86.0 hectares of patta lands in S.F.Nos.571(Part), 669, 670(Part) and 671 of Munnur village, Pugalur (erstwhile Aravakurichi)Taluk, Karur District for a period of 5 years vide District Collector Proceedings No.565/Mines/2013, dated:20.02.2015. The lease period was valid from 20.02.2015 to 19.02.2020 for which Environmental Clearance was obtained from State Level Environment Impact Assessment Authority, Chennai vide letter No. SEIAA-TN/F.No.2264/EC/1(a)/1281/2014, dated:20.05.2014.
iii. On Verification of the records reveal that the 11th respondent i.e., Tvl. Balavinayaga Blue Metals had quarried Rough Stone of 4160 cbm from the non- leased out area for which a sum of Rs. 16,00,814/- was levied as penalty vide Proceedings of the Revenue Divisional Officer, Karur in Page 27 of 48 Rce.No.A1/3537/2018 dated:06.12.2018. Accordingly Tvl. NN Metals had remitted the penalty amount of Rs. 16,00,814/- to the State Bank of India, Thanthoni, vide Challan No. Nil, dated:24.12.2018 iv. Thiru. M. Kathirvel & Thiru.K.R.Sakthivel of Munnur Village, Pugalur Taluk of Karur District sent the petition to the District Collector, Karur regarding allegation of the quarrying activities by Tvl. Balavinayaga Blue Metals in the areas granted on leases to quarry Rough stone. In the petition, they stated that quarrying activities are being carried out without following the statutory provisions and conditions of the lease deed and the Act and Rules, which are inforce. Further they alleged that due to manufacturing of M-Sand and P.Sand the surrounding areas are polluted by Air Pollution which caused breathing problem to the public in and around the Unit. The irrigation wells situated nearby to the quarries are dried due to quarry work and requested to take appropriate action in order to safeguard the interest of the Public living nearby to the stone quarries.
v. The District Collector, Karur has constituted a Joint Committee consisting of the Deputy Director of Geology and Mining Karur, Revenue Divisional Officer, Karur and Tahsildar, Pugalur and offered oral instructions to carry out inspection and to conduct a detailed enquiry on the allegation made by Thiru.M.Kathirvel and Thiru.K.R.Sakthivel in their petition on the quarrying of Rough Stone in the areas granted on lease and to submit a report.
vi. One of the petitioner Thiru.K.R.Sakthivel had also filed the public interest litigation W.P.No.26572 of 2019 at the Hon'ble Madurai Bench Madras High Court with a prayer to shut down the crusher unit in S.F.No.667 and quarry operation in S.F.Nos.568, 613, 614, 672, 571(Part), 669, 670(Part) and 671 situated in Munnur village, Pugalur Taluk, Karur District run by M/s.Bala Vinayaga Blue Metals and pending disposal before the Hon'ble Court.
vii. Based on the oral instructions of the District Collector, Karur, the Joint Committee comprising the (1) Revenue Divisional Officer, Karur, (2) Assistant Director, Geology and Mining, Karur and (3) Tahsildar, Pugalur have been inspected the subject area on 20.01.2020 and conducted a detailed enquiry and furnished their report accordingly. In their report it has been stated that quarrying activities have been noticed beyond the area granted on lease. Tvl. Balavinayaga Blue Metals, the lessee of the two leases have quarried Rough stone in the non - lease hold areas situated adjacent to the area granted on lease. The quantity of Rough stone quarried and transported unauthorizedly from the non- lease hold area has been quantified as 2,61,180- CBM/43,530-lorry loads (2 Units). The Joint Committee has finally reported and recommended that penal action may be initiated on the lessee Tvl. Balavinayaga Blue Metals for the unauthorized quarrying and transportation of 2,61,180- CBM/43,530-lorry loads (2 Units) under the provisions of Rule 36(A) of TNMMCR 1959 and also recommended to suspend the quarrying activities in the above lease hold areas.
viii. Based on the report of the Joint Committee, a Memo in Rc. No. Page 28 of 48 827/Mines/2019, dt.07.02.2020 addressed to Tvl. Balavinayaga Blue Metals was issued as per the rule 36 (5) (h) of TNMMCR 1959 with a direction to appear for personal hearing on 17.02.2020. But Thiru. K.Thangaraj, Managing Partner of Tvl. Balavinayaga Blue Metals has requested the District Collector to adjourn the personal hearing to be conducted on 17.02.2020 and to grant an another date for the hearing. Vide letter date: 17.02.2020.
ix. As requested by the Thiru. K.Thangaraj, Managing Partner of Tvl. Balavinayaga Blue Metals vide letter 17.02.2020, personal hearing was fixed on 24.02.2020 and the same was informed to the lessee Thiru. K.Thangaraj, Managing Partner of Tvl. Balavinayaga Blue Metals vide this office Memo Rce.No.827/Mines/2019, dated:17.02.2020.
x. In the meantime Thiru. K.Thangaraj, Managing Partner of Tvl. Balavinayaga Blue Metals has filed a WP (MD) Nos.3398 & 3399 of 2020 before the Hon'ble Madurai Bench of Madras High Court and obtained an Order on 20.02.2020 in WMP Nos. 2858 & 2859 of 2020. In the said Order the personal appearance was suspended till 05.03.2020 and the enquiry may not go on till then. On 05.03.2020 the Hon'ble High Court in WMP Nos. 2858 & 2859 of 2020 in WP (MD) Nos.3398 & 3399 of 2020 has ordered that the request of the Petitioner is accepted and posted on 27.03.2020 and the Interim Order already granted up to 05.03.2020 is extended till then.
xi. The Counter Affidavits in respect of WP Nos. 3398 & 3399 of 2020 were filed at the Hon'ble Madurai Bench of Madras High Court through the Government Pleader and the Writ Petitions were reserved for orders at the Hon'ble High Court after hearing both sides.
xii. As suggested by the joint committee organised by the Collector, Karur District, the quarry lease of the 11 respondent area over an extent of 2.65.0 hectares, valid till 22.10.2022 had been suspended from conducting quarrying operations vide District Collector letter No.827 /Mines/2020, dated:07.02.2021.
6) It is further respectfully submitted that action will be taken as per the final orders of the Hon'ble Madurai Bench of Madras High Court regarding the judgement reserved in W.P. Nos. 3398 & 3399 of 2020 and the orders of the National Green Tribunal, South Zone, Chennai (SZ).
Therefore in view of above, it is most humbly prayed that the Hon'ble National Green Tribunal, South Zone may be pleased to accept thus status report and may dismiss the case as devoid of merits and pass orders or such other and appropriate orders that this Hon'ble Tribunal may deem fit and proper as per the circumstances of the case and thus render justice.‖ Page 29 of 48
17. This Tribunal had also considered the further report submitted by the Tamil Nadu Pollution Control Board dated 20.09.2021, e-filed on 25.11.2021 and extracted in Para (4) of the order which reads as follows:-
"REPORT FILED ON BEHALF OF THE 2ND & 3RD RESPONDENTS TAMIL NADU POLLUTION CONTROL BOARD I, R. Vijayabhaskaran, Son of E. Rathinam, Hindu, aged about 59 years, having my office at No.76, Mount Salai, Guindy, Chennai 600 032, do hereby solemnly affirm and sincerely stats as follows:
1. I am the Additional Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai-32, and I am filing this Report on behalf of the 2nd & 3rd Respondent, Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the as per the records.
2. It is respectfully submitted that the applicant M. Kathirvel, Karur has filed this application before this Hon'ble NGT with the following prayer:
a. Direct the 3rd Respondent to take steps to initiate cognizance against the 11th Respondent for violation of the Environment (Protection) Act, 1986.
b. Direct the respondent No. 1, 2, 3, 5, 6 & 7 to ensure that no mining activities are conducted by the 16th Respondent (actually 19th respondent herein) in violation of the provisions of the EIA Notification, 2006 c. Direct the 11th Respondent to pay compensation to the Applicant as victim of pollution and damage caused by the 11th Respondent
3. It is respectfully submitted that the Hon'ble National Green Tribunal (SZ) in its order dated 31.05.2021 in O.A. No. 106 of 2021 directed as follows:
"...para 11: to appoint a joint committee comprising of (1) a Senior Officer from Integrated Regional Office, Ministry of Environment, Forest and Climate Change (MoEF & CC), Chennai, (2) a Senior Officer from State Environment Impact Assessment Authority (SEIAA), Tamil Nadu, (3) The Revenue Divisional Officer, Karur, (4) The Assistant Director of Geology & Mining, Karur District and (5) a Senior Officer from Tamil Nadu Pollution control Board (TNPCB) as deputed by its Chairman to inspect the unit in question and submit a factual as well as action report, if there is any violation found.
Para 13: The committee is also directed to conduct the soil analysis and also water analysis of water bodies nearby and ascertain as to whether there was any degradation caused on account of the operation of these units and if there is any contamination found, what is the remedial measures to be taken for rectifying the same this may also be incorporated in the report.Page 30 of 48
Para 17: The Registry is directed to communicate this order to the members of the committee as well as the official respondents immediately through e-mail, so as to enable them to comply with the direction and for filing their independent response to the allegations made in the application and also for filing report as directed by this Tribunal".
4. It is respectfully submitted that unit of M/s. Balavinayaga Blue Metal Stone Quarry, S.F. No. 568 Part & 672 (Part), Munnur Village, Pugazhur Taluk, Karur District has obtained Environmental Clearance vide DEIAA Letter No DEIAA-DIA/TN/MIN/8233/2017-KRR EC No. 76/2017 dated 14.10.2017 valid for 5 years to a validity period up to 13.10.2022 for the production quantity of Rough stone 281072 Cu M and Gravel 2738 Cu M. The unit has obtained consent of the Tamil Nadu Pollution Control Board under the Water (P&CP) Act, 1974 and the Air (P&CP) Act, 1981 on 01.11.2017 for carrying out quarry operations for the period ending up to 31.03.2022.
5. It is further submitted that the another stone quarry in the name of M/s. Balavinayaga Blue Metal Stone Quarry is located at S.F. No. 571 Part, 670 Part, 669 & 670, Munnur Village, PugalurTaluk, Karur District has obtained Environmental Clearance vide Lr No SEIAA-TN/F.No.2264/EC/1(a)/ 1281/2014 dated 20.5.2014 valid for 5 years to a validity period up to 19.5.2019 for the production quantity of Rough stone 562600 Cu M over a period of Five Years. The unit has obtained consent of the Board under the Water (P&CPO Act, 1974 and the Air (P&CP) Act, 1981 on 21.07.2016 for carrying out quarry operation and renewed for the period ending up to 31.03.2019. Further renewal of consent was not issued as the Environmental Clearance issued to the quarry expired on 19/05/2019.
6. It is respectfully submitted that the unit of M/s. Balavinayaga Blue Metals stone crushing unit located at S.F. No. 667, Munnur Village, PugalurTaluk, Karur District and the unit is in operation since 2003. The unit has obtained consent of the Board to manufacture 40,000T/M Blue metal jelly of various sizes and M-sand 10,900T/M valid for the period upto 31.03.2028. The stone crusher unit has installed the following machineries, Primary Jaw Crushers - 2 Nos.
Secondary Jaw crushers - 4 Nos.
Cone Crusher - 1 No. VSI Pulveriser - 2 Nos.
Vibrating Screens - 5 Nos.
Sand Washers - 3 Nos.
Page 31 of 487. It is respectfully submitted that the unit of M/s. Balavinayaga Blue Metal Stone Crusher has installed requisite Air Pollution Control measures for the above stone crushing and M-Sand machineries. The unit has also installed DG set 500 KVA and DG set 62.5 KVA with Acoustical enclosures with Stack as Air Pollution control measures. The unit generates 0.7KLD of Sewage and it is disposed with Septic tank and Soak pit arrangement. The unit also generates 15 KLD of Trade effluent from the M Sand washing and the unit has provided settling tanks for the treatment of trade effluent and the treated trade effluent is recycled for M Sand washing. The unit has reported that the makeup water for M Sand washing is obtained from the rain water stored in the Quarry pit of the premises.
8. It is respectfully submitted that the Joint committee has carried out inspection the premises of the unit of M/s Balavinayaga Blue metal and the surroundings on 28/7/2021 and 13/08/2021. During the inspection the following were observed:
i. On the day of the inspection on 28/07/2021, the stone crusher and quarries were not in operation.
ii. The complainant Thiru. Kathirvel house in the farm land, agri land and well in the land was inspected by the joint committee iii. The nearby habitation namely Rayagoundanputhur was also inspected. Five houses are located in the habitation and some new construction of houses was noticed in the area.
iv. The public in the habitation and the applicant Kathirvel family members mainly complained about the vibration during blasting in quarry operation and dust pollution due to operation of the unit and vehicle movement. Further, the applicant has also complained that his well water quality was affected due to usage of contaminated Noyyal River water by the unit for M sand washing.
9. It is further submitted that, during inspection on 28/07/2021 water samples were collected from the following locations and sent to analysis to TNPCB Advanced Environmental Laboratory, Salem.
a. Water in the Quarry Pit.
b. From 2 Numbers of Bore well located in the unit premises. c. Open well located at Mr. Kathirvel's Agri land.
The Bore well located in the unit premises is mainly used for Green belt development and for water sprinkling for dust suppression system. The water in the quarry pit is mainly used for makeup water in M Sand preparation.
The Report of analysis of samples received from the lab is given in Table I & II Page 32 of 48 Page 33 of 48 The report of the analysis reveals that the water quality of Quarry Pit and Bore well at unit's premises are not meeting the desirable drinking water standards prescribed in IS 10500:2012
10. It is respectfully submitted that Water samples were also collected from the Panchayat bore well located adjacent to the unit. The water quality is not meeting the desirable drinking water standards specified in IS 10500:2012). Mainly the value of TDS of 500 mg/lit.
11. It is respectfully submitted the agricultural land in Munnur village and other 19 villages of Karur District are Ayacut area of Athupalayam Reservoir located on the upstream side. The water source for Athupalayam reservoir is mainly from Noyyal River and water from Noyyal River is diverted through a feeder canal from Muthur barrage in Noyyal River. As the pollution issue of Noyyal River the Athupalayam Reservoir is generally not getting any water from Noyyal. In the year 2004, the Loss of Ecology Authority through Anna University has carried out a study and identified this village as one among Page 34 of 48 the affected village in Karur District due to Noyyal River polluted water.
12. It is respectfully submitted that soil samples were also collected at the following locations,
a) From the unit premises (dust deposit near the main process area).
b) From Kathirvel Agri land
c) De silted soil and sediments from Kathirvel farm land open well. The results of analysis are given in Table III The Report of Analyses reveals that the dust sample collected from the unit premises and the sediments from the well are saline in Nature. It is also noticed that salinity, was high in the sample of the complainant's land. The complainant reported that the recent rains has washed away the dust deposit in his land and requested to make inspection during North East wind season. The complainant house and his land is located on the western side of the unit. He further added that their land is not affected much during the present wind season of South West wind and they are highly affected during North East wind season of October to November. During inspection no visible dust deposit was noticed in the land.
13. It is respectfully submitted that as per the directions of Hon'ble NGT vide its order dt 03/08/2021 the said area was again inspected on 13/08/2021 and the following were observed:
I. During inspection the stone crusher unit was in operation The Air pollution Control measures were in operation. The water sprinklers provided in the stone crusher are in operation and water was sprinkled in the vehicle movement area for dust suppression. The unit has provided 5m height compound wall for the entire premises of western side. The unit has provided earthen bunds on the other three sides to arrest carryover of dust. The unit has to improve the green belt development within the premises.Page 35 of 48
14. It is respectfully submitted that, regarding water pollution there is no possibility of ground water contamination due to operation of the unit since the waste water generated from M-Sand unit is recycled after treatment. Regarding air pollution the unit has provided compound wall and earthen bund on the four side to arrest carryover of dust. The unit has not provided paved metal road within the premises to arrest fugitive dust emission during vehicle movement as a short term measures of water sprinkling is carried out to suppress dust. The unit has to improve the green belt development as a long term measure to constrain fugitive dust emission.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) at Chennai may be pleased to take this Report on Record and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice.‖
18. Thereafter, this Tribunal had passed the following order:-
―5. The learned counsel appearing for the Tamil Nadu Pollution Control Board (TNPCB) submitted that he wanted to file a further detailed report as there are certain short comings in the report filed and all the directions issued by this Tribunal have not been dealt with in the present report.
6. The counsel appearing for the project proponent wanted some time to file their objections to the committee reports and also wanted to produce the orders passed by the Hon'ble High Court of Madras at Madurai Bench in respect of similar issue pending before that Court.
7. The applicant as well as the 11th respondent is directed to file their objections, if any on or before 20.12.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
8. In the meantime the official respondents are also directed to file their independent statements regarding the allegations made in the application and the action taken by them.
9. The Registry is directed to communicate this order to the members of the committee as well as the official respondents immediately through e-mail, so as to enable them to comply with the direction and for filing their independent response to the allegations made in the application and also for filing report as directed by this Tribunal.‖
19. The case was posted to 20.12.2021 for completion of pleadings, filing objections (if any) to the report submitted by the Joint Committee and also for consideration of further report.
Page 36 of 4820. As per order dated 09.02.2022, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 16.11.2021, e-filed on 09.12.2021 and extracted in Para (3) of the order which reads as follows:-
"REPORT FILED ON BEHALF OF THE 2nd & 3rd RESPONDENTS - TAMIL NADU POLLUTION CONTROL BOARD I, S. Ragupathi, S/o. Thiru Sanganan , Hindu, aged about 57 years, having my office at No. 76, Mount Salai, Guindy, Chennai -600032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai and I am filing the status Report on behalf of the 2nd & 3rd Respondents Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the case as per records.
2. It is respectfully submitted that the Hon'ble National Green Tribunal (Southern Zone) in its order dated 24.09.2021, has directed inter-alia as follows:
"Para 05: Though the learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that consent to operate granted was expired, there is nothing mentioned in the report as to whether the same has been renewed later or any action has been taken by the Board in this regard.
Para 08: The Tamil Nadu Pollution Board is directed to file further report as directed by this Tribunal.‖ Balavinayaga Blue Metal Stone Quarry: (S.F. No. 568 Part & 672 Part) ( Total extent 2.65 Hectares) (Quarry-I):
3. It is respectfully submitted that, the unit of M/s. Balavinayaga Blue Metal Stone Quarry is located at S.F. No. 568 Part & 672 (Part), Munnur Village, Pugazhur Taluk, Karur District.
4. It is respectfully submitted that the environmental clearance for the quarry was issued by DEIAA, Karur vide Lr No DEIAA DIA/TN/MIN/8233/2017-KRR EC No.76/2017, dated 14.10.2017 valid for 5 years to a validity period up to 13.10.2022 for the production quantity of Rough stone 281072 Cu M and Gravel 2738 Cu M over a period of Five Years.
5. It is respectfully submitted that the unit has obtained consent of the Tamil Nadu Pollution Control Board under Water and Air Act on 01.11.2017 for carrying out quarry operations for the period ending up to 31.03.2022 Page 37 of 48 Balavinayaga Blue Metals (Quarry-II): (S.F. No. 571 Part, 670 Part, 669 & 670) (Total extent 4.86 Hectares)
6. It is respectfully submitted that the second stone quarry of M/s. Balavinayaga Blue Metal Stone Quary- II is located at S.F. No. 571 Part, 670 Part, 669 & 670, Munnur Village, Pugalur Taluk, Karur District
7. It is respectfully submitted that environmental clearance for the quarry was issued by SEIAA, Chennai vide Lr No SEIAA TN/F.No.2264/EC/1(a)/ 1281/2014 dated 20.5.2014 valid for 5 years to a validity period up to 19.5.2019 for the production quantity of Rough stone 562600 Cu M over a period of Five Years.
8. It is respectfully submitted that the unit has obtained consent of the Board under Water and Air Act on 21.07.2016 for carrying out quarry operation and renewed for the period ending up to 31.03.2019. Further renewal of consent was not issued as the environmental clearance issued to the quarry expired on 19/05/2019.
9. It is respectfully submitted that the above said two quarries are old quarries and the respective lease areas are located adjacent and stone quarrying was carried out as single pit. Within the quarry pit area, the unit has laid demarcation stone to separate the respective lease area.
10. It is respectfully submitted that the first quarry area having valid lease and EC is located on the north west side of the quarry pit and second quarry area for which the quarry lease, CTO and EC expired lies on the south east side.
11. It is respectfully submitted that during inspection on 18/10/2021 it was noticed that quarrying was carried out in the first quarry having valid lease and no quarrying activity was noticed in the second quarry area. Both quarries are located in same pit and the unit is having common approach road for both quarry areas. The unit has also reported that the quarrying activity is carried out only in the valid permission area. The DD Mines /Karur was also directed vide DEE, TNPCB letter dt 19/10/2021 to ensure quarrying is carried out only in the valid lease area. The photographs taken during inspection is enclosed in Annexure-l.
Balavinayaga Blue Metals Stone Crusher:
12. It is respectfully submitted that the unit of M/s. Balavinayaga Blue Metals stone crushing unit is located at S.F. No. 667, Munnur Village, Pugalur taluk, Karur district and the unit is in operation from the year 2003. The unit Page 38 of 48 manufactures 40,000T/M Blue metal jelly of various sizes and M-sand 10,900T/M. The unit is having valid consent of the Board for the period ending up to 31.03.2028.
13. It is respectfully submitted that the stone crusher unit has obtained the consent of the Board and installed the following machineries, • Primary Jaw Crushers - 2 Nos • Secondary Jaw crushers - 4 Nos • Cone Crusher- 1 No. • VSI Pulveriser - 2 Nos.
• Vibrating Screens - 5 Nos.
• Sand Washers - 3 Nos.
14. It is respectfully submitted that the unit has installed requisite air pollution control measures for the above stone crushing and M- Sand machineries. The unit has also installed DG set 500 KVA and DG set 62.5 KVA with acoustical enclosures with stack as air pollution control measures.
15. It is respectfully submitted that the unit generates 0.7KLD of Sewage and it is disposed with septic tank and soak pit arrangement. The unit also generates 15 KLD of trade effluent from the M Sand washing and the unit has provided settling tanks for the treatment of trade effluent and the treated trade effluent is recycled for M Sand washing. The makeup water for M Sand washing is obtained from the rain water stored in the quarry pit of the premises. The unit has also obtained Public Works Department Certificate for M sand product approval vide Approval dt 20/06/2018.
16. It is respectfully submitted that during inspection of the stone crusher on 18/10/2021, the unit was in operation and the unit has installed the following stone crushing machineries and they were in operation.
• Primary Crusher - 2 Nos • Secondary crusher - 4 Nos • Cone Crusher- 1 No. • VSI Pulveriser - 2 Nos.
• Vibrating Screens - 5 Nos.
• Sand Washers - 3 Nos.
17. It is respectfully submitted that the air pollution control measures were in operation. The water sprinklers provided in the stone crusher are in operation and water was sprinkled in the vehicle movement area for dust suppression. The water used for M-Sand washing is collected and after settling in setting tanks, clear water is recycled.Page 39 of 48
18. It is respectfully submitted that the unit has provided 5m height compound wall for the entire premises of western side. The unit has provided earthen bunds on the other three sides to arrest carryover of dust.
19. It is respectfully submitted that as instructed during earlier inspection, laying of Meta! Road within the unit premises to arrest dust emission during vehicle movement was in progress. The unit has requested 25 days time to complete the work.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) at Chennai may be pleased to take this Report on Record and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice.‖
21. Thereafter, this Tribunal had passed the following order:-
―4. The Tamil Nadu Pollution Control Board is also directed to file a further report regarding the completion of metalling of the road to arrest the dust emission as recommended by them.
5. The Parties are directed to complete their pleadings within a week and the Tamil Nadu Pollution Control Board is directed to file a further report to this Tribunal on or before 23.02.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and get ready with the matter on the next hearing date.
6. The Registry is directed to communicate this order to the official respondents including the Tamil Nadu Pollution Control Board by e-mail for their information and compliance of directions.‖
22. The case was posted to 23.02.2022 for completion of pleadings, filing objections (if any) to the report, consideration of report and also for hearing. On 23.02.2022, the matter was adjourned to today, at the request of the learned counsel appearing for the applicant to file their objections and get ready with the matter.
23. The applicant has filed their objections alleging that the agricultural land is located within 125 meters from the crusher unit and they also failed to note the existence of houses within 225 meters from the quarry and 505 Page 40 of 48 meters from the crusher unit. They produced the Google Map as Annexure - 1 along with their objection. They also produced certain documents to show that due to vibration, certain cracks have been developed in the nearby houses and also to prove the dust pollution that is being caused.
24. The State Pollution Control Board has filed a further report signed by the officer on 25.02.2022, e-filed on the same date which reads as follows:-
"REPORT FILED ON BEHALF OF THE 2ND & 3RD RESPONDENTS TAMIL NADU POLLUTION CONTROL BOARD I, R. Vijayabaskaran, Son of E. Rathinam, Hindu, aged about 59 years, having my office at No.76, Mount Salai, Guindy, Chennai- 600 032, do hereby solemnly affirm and sincerely stats as follows:
1. I am the Additional Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai-32, and I am filing this Report on behalf of the 2nd & 3rd Respondent, Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the case as per the records.
2. It is respectfully submitted that the Hon'ble National Green Tribunal (SZ) in its order dated 09.02.2022 in 0.A. No. 106 of 2021 directed as follows:
".... para 4: The Tamil Nadu Pollution Control Board is also directed to file a further report regarding the completion of metalling of the road to arrest the dust emission as recommended by them".
3. It is respectfully submitted that unit of M/s. Balavinayaga Blue Metals stone crushing unit premises located at S.F. No. 667, Munnur Village, Pugalur Taluk, Karur District was inspected on 17/2/2022 and during inspection ,the following observations are made:
i. The unit has installed the following stone crushing machineries and was in operation.
Primary Crusher - 2 No Secondary crusher - 4 No Cone Crusher - 1 No VSI Pulveriser - 2 No. Vibrating Screens - 5 Nos Sand Washers - 3 Nos.
ii. The Air pollution Control measures were in operation. The water sprinklers provided in the stone crusher are in operation and water was sprayed in the vehicle movement area for dust suppression.Page 41 of 48
iii. The water used for M-Sand washing is collected and after settling in setting tanks etc., is recycled.
iv. The unit has provided 5m height compound wall for the entire premises on the western side. The unit has provided earthen bunds on the other three sides to arrest carryover of dust.
v. As per the instructions of the Board the unit has laid metal road to a length of 108 m and to a width of 12 m and the work is completed. The Photographs are enclosed in Annexure.
vi. The unit has also purchased a Road Sweeper machine to clean the dust regularly vii. The unit vide its letter dated 18.2.2022 reported that it has proposed to lay additional Cement road over an extent of 1000 m2 and scheduled to complete the work within two months.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) at Chennai may be pleased to take this Report on Record and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice.‖
25. It is seen from the report that metalling of the road has been completed and they have provided all necessary mechanism to control the dust pollution as suggested by the Joint Committee. As regard the excess mining and also action taken etc. are concerned, there are writ petitions pending before the Hon'ble High Court of Madras at Madurai Bench and certain interim orders have been passed and based on the interim orders passed, the 11th Respondent (Originally 16th Respondent) is operating the unit.
26. The learned counsel appearing for the project proponent submitted that as regards the violation of excess mining etc. are concerned, there are litigations pending before the Hon'ble High Court of Madras at Madurai Bench and that may be left open to be decided subject to the result of the writ petitions.Page 42 of 48
27. As regards the other recommendations are concerned, they are prepared to comply with the recommendations made and most of the recommendations have been complied with by them.
28. The learned counsel also assured that there will not be any possibility of pollution being caused on account of the operation of their units and they will ensure all necessary precautions to avoid pollution being caused.
29. The learned counsel appearing for the applicant argued that the dust pollution still exists and the excess mining though found, the amount has not been quantified by the authorities and no steps have been taken to recover the same.
30. We heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondents including the Project Proponent and also perused the documents produced before this Tribunal.
31. The grievance in this application was regarding excess mining, pollution caused on account of the operation of the 11th Respondent (Originally 16th Respondent) unit.
32. Though the learned counsel appearing for the 11th Respondent (Originally 16th Respondent) contended that the cousin brother of the applicant has filed writ petitions and since no interim orders have been obtained, they filed a fresh application suppressing these facts and as such, the application is liable to be dismissed cannot be accepted, as the pendency of the writ petitions were mentioned in the Original Page 43 of 48 Application itself. But as regards the pollution aspects and violation of conditions are concerned, any person who is interested in raising the substantial question of environment is entitled to approach this Tribunal and as such, the right of the applicant to approach this Tribunal on those aspects cannot be curtailed. So, we hold that the application is maintainable.
33. We appointed a Joint Committee to go into those issues and the Joint Committee has inspected the area and made certain observation and recommendations. There was excess mining found by the Joint Committee and certain proceedings have been initiated on that basis which were challenged by the 11th Respondent (Originally 16th Respondent) before the Hon'ble High Court of Madras at Madurai Bench and certain interim orders have been granted.
34. Based on the interim orders, the 11th Respondent (Originally 16th Respondent) is operating the unit. As regards the cracks etc. are concerned, the Joint Committee has come to the conclusion that there was no possibility of cracks being caused on account of the operation of the 11th Respondent (Originally 16th Respondent) unit. Except the allegations made, there is no other evidence adduced on the side of the applicant to prove that the crack said to have been found as seen from the photographs were caused as a result of the operation of the quarrying or the crusher unit. As regards the distance criteria is concerned, except some Google images produced, there is no evidence to prove the actual distance from the house to the quarry. Further, it is not known as to whether these houses came prior to the issuance of permission or after that. When Consent to Operate granted, the Page 44 of 48 Pollution Control Board will be considering the siting criteria strictly before issuing the consent. So, except the interested version of the applicant, there is nothing to disbelieve the Joint Committee observation that there is no violation of the siting criteria. As regards soil as well as water pollution is concerned, the report of the Joint Committee shows that there is no pollution caused to water, air and there was no pollution as well.
35. As regards the dust pollution is concerned, the State Pollution Control Board as well as the Joint Committee has provided certain recommendations and most of the recommendations were complied with by the 11th Respondent (Originally 16th Respondent) which is evident from the subsequent report submitted by the Pollution Control Board.
36. As regards the environmental compensation is concerned, the Joint Committee observed that the 11th Respondent (Originally 16th Respondent) had extracted the groundwater without obtaining necessary permission, for which, they recommended to recover Rs.1,00,000/-
(Rupees One Lakh only) as environmental compensation on the basis of the CPCB guidelines issued.
37. Since the 11th Respondent (Originally 16th Respondent) has not produced any document before this Tribunal to show that the drawal of groundwater was with some permission from the authorities, we affirm the findings of the Joint Committee in this regard and direct the 11 th Respondent (Originally 16th Respondent) to pay an environmental compensation of Rs.1,00,000/- (Rupees One Lakh only) assessed by the Page 45 of 48 Joint Committee to the Water Resources Department (WRD) who are the authorities from whom the permission will have to be obtained. So under such circumstances, we feel that the application can be disposed of by giving certain directions in this regard.
38. So, this Original Application is disposed of with the following directions:-
(i) The Joint Committee report regarding the environmental compensation of Rs.1,00,000/- (Rupees One Lakh only) for drawal of groundwater without permission by the 11th Respondent viz., M/s. Bala Vinayaga Blue Metals (Originally 16th Respondent) is accepted and confirmed and the 11th Respondent (Originally 16th Respondent) is directed to pay the said amount to the Water Resources Department (WRD) within a period of 2 (Two) months, failing which, the Water Resources Department (WRD) is entitled to recover the amount from the 11th Respondent (Originally 16th Respondent) by initiating appropriate proceedings with the help of the District Collector.
(ii) As regards the action for recovery of environmental compensation for excess mining and the royalty and penalty etc. are concerned, the Director of Mines and Geology is directed to take appropriate action in accordance with law, subject to the directions, if any, to Page 46 of 48 be issued by the Hon'ble High Court of Madras at Madurai Bench in the writ petitions mentioned above.
(iii) The 11th Respondent (Originally 16th Respondent) is directed to implement the recommendations made by the Joint Committee to avoid dust pollution. They are also directed to develop the green belt as recommended by the Joint Committee to avoid dust as well as sound pollution, if any, likely to be caused on account of the operation of their unit.
(iv) The State Pollution Control Board is directed to inspect the 11th Respondent (Originally 16th Respondent) unit periodically and if there is any further violation found, they are directed to take appropriate action against the 11th Respondent (Originally 16th Respondent) after giving opportunity to the unit and pass appropriate orders in accordance with the law.
(v) The right of the applicant to approach this Tribunal in future for any further violation or pollution being caused on account of the operation of the 11th Respondent (Originally 16th Respondent) unit is left open.
(vi) Considering the circumstances, the parties are directed to bear this respective cost in the application.Page 47 of 48
(vii) The Registry is directed to communicate this order to the Water Resources Department, State Pollution Control Board, District Collector and the Director of Mines and Geology for their information and compliance of directions.
39. With the above observations and directions, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.106/2021 (SZ), 28th February 2022. Mn.
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