National Green Tribunal
B Ratan Reddy B Ratan Reddy vs G Jeevith Reddy on 26 April, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.2: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 42 of 2019 (SZ)
IN THE MATTER OF
Dr. B. Ratan Reddy
8-52/8, Survey No.694, Ancestral Road,
Devara Yamzal, Shamirpet Mandal.
Tumkunta Municipality,
Medchal District, Telangana - 500 014.
...Applicant(s)
Versus
G. Jeevith Reddy
Jeevith Reddy Crusher Unit,
Survey No.40 & 41, Munirabad Village,
Telangana and Ors.
...Respondent(s)
For Applicant(s): Mr. B. Ratan Reddy (Party in person)
For Respondent(s): Mr. K.S. Viswanathan for R1 & R2.
Mr. T. Sai Krishnan for R3.
Mrs. H. Yasmeen Ali for R4 to R6.
Judgment Pronounced on: 26th April 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.42/2019 (SZ) 26th April 2022. SE.
Page 1 of 36 Item No.2: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 42 of 2019 (SZ)
IN THE MATTER OF
Dr. B. Ratan Reddy
8-52/8, Survey No.694, Ancestral Road,
Devara Yamzal, Shamirpet Mandal.
Tumkunta Municipality,
Medchal District, Telangana - 500 014.
...Applicant(s)
Versus
1. G. Jeevith Reddy
Jeevith Reddy Crusher Unit,
Survey No.40 & 41, Munirabad Village,
Telangana - 500 100.
2. Sidha Reddy
Jeevith Reddy Crusher Unit,
Survey No.40 & 41, Munirabad Village,
Telangana - 500 100.
3. Member Secretary
Telangana State Pollution Control Board,
Paryavarana Bhavan,
A3, 1E, Sanathnagar,
Hyderabad - 500 018.
4. The Principal Secretary
Environment and Forests Department
Govt. of Telangana,
B Block, Telangana Secretariat,
Hyderabad - 500 004.
5. The Director
Dept. of Mines and Geology
Telangana State, Hyderabad.
6. The District Collector
Medchal - Malkajgiri District
Mallikarjuna Nagar, Peerzadiguda
Hyderabad, Telangana - 500 098.
(R6 - Suo Motu impleaded as per Order dt.17.12.2019) ...Respondent(s) Page 2 of 36 For Applicant(s): Mr. B. Ratan Reddy (Party in person) For Respondent(s): Mr. K.S. Viswanathan for R1 & R2.
Mr. T. Sai Krishnan for R3.
Mrs. H. Yasmeen Ali for R4 to R6.
Judgment Reserved on: 12th April 2022.
Judgment Pronounced on: 26th April 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgement is allowed to be published on the Internet - Yes/No Whether the Judgement is to be published in the All India NGT Reporter - Yes/No JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member.
1. The grievance in this application is regarding the operation of Stone Quarry cum Crusher Unit run by Respondents 1 and 2 in Survey Nos. 40 and 41 of Munirabad Village, Medchal-Malkajgiri Mandal, Telangana unauthorizedly causing air and noise pollution. According to the Applicant, stone crusher unit of Respondents 1 and 2 was established against sitting norms. It is situated less than 100 meters from the Nehru Outer Ring Road and very near to school and village which are within one kilometre from the quarry. It was also alleged in the application that they had encroached into neighbouring agricultural lands as well. It was Page 3 of 36 alleged in the application that the operation of quarry was being carried on by Respondents 1 and 2 without complying the pollution norms, causing huge air pollution in that area affecting health of the people
2. It was also further alleged that they were extracting stones more than the permitted quantity illegally on account of which ground water level and quality was affected. Blasting was being done by them day and night without any time limit. They were doing open blasting which was not permitted under the licence given to them. According to the applicant, Respondents 1 and 2 have not complied with specific as well as general conditions imposed by the authorities in their permissions and Consent documents for conducting the same. Though complaints were made to the authorities, no action was taken.
3. So the applicant filed this application seeking the following reliefs:
(i) Direct the fourth Respondent Authorities to enforce all the guidelines of the Telangana State Pollution Control Board and close the mining and crushing operations of the first two Respondents.
(ii) And pass such further order or orders as may be fit proper and necessary in the facts and circumstances of the case and thus render justice.
4. This Tribunal, before proceeding with the matter, as per order dated 17.12.2019, appointed a Joint Committee consisting of (i) District Collector, Medchal District, (ii) Director of Mines and Geology and (iii) Telangana Pollution Control Board to inspect the unit in question and submit a factual and action taken report, if there were any violation found Page 4 of 36 and any action to be taken within a period of two months before this Tribunal. The Telangana State Pollution Control Board was designated as the nodal agency for consideration. The Committee was also directed to ascertain, if any environmental damage has been caused on account of excessive blasting and mining and any loss has been caused to the State exchequer, then that also should be taken into consideration by the Committee to assess the environmental damage, applying "Polluter Pays"
principle and also taking into account the loss of ecology and cost of restoration of damage caused to environment and Net Present Value of the mineral extracted and imposition of compensation must be deterrent and should make the polluters' activities non-profitable as has been observed by the Hon'ble Apex Court as well as the National Green Tribunal, in this regard. If the Green belt is not developed as envisaged as a condition in Environment Clearance, if any granted, then that also will have to be looked into by the Committee and incorporate the same in the report.
5. This Tribunal Suo Motu impleaded the District Collector, Medchal District as sixth respondent, and directed the applicant to amend the cause title.
6. When the matter has been taken up on 02.03.2020, this Tribunal considered the report of the Joint Committee, extracted in Para 4 of the Order dated 02.03.2020 which reads as follows:
"In compliance of the said order of Hon'ble Tribunal, the Board (TSPCB) vide letter dated 29.12.2019 has appointed the Environmental Engineer, Regional Office, Medchal is nominated as representative of TSPCB for joint committee. The District Collector, Medchal vide letter dated 07.01.2020 has nominated Revenue Divisional Officer, Keesara District as a member of the Page 5 of 36 joint committee. The Director of Mines and Geology has instructed the Asst. Director, Mines & Geology, Medchal to accompany the joint committee for inspections in the stone crusher & quarry area. As per the NGT order dated 17.12.2019, joint exercise of inspection in the stone crusher & quarry and its surrounding area was carried out by Revenue Divisional Officer (RD)), Keesara, Assistant Director (AD), Mines & Geology and Environmental Engineer (EE), TSPCB, RO- Medchal. The details of the action taken with observations & findings are given in subsequent paragraphs.
METHODOLOGY / APPROACH FOR JOINT INSPECTION A preliminary joint inspection of Stone crusher and quarry at Survey No.40 & 41 of Muneerabad village, Medchal Mandal & District was carried out by the team.
The Joint Committee has inspected the quarry and crusher pertaining to Sri. G. Jeevith Reddy & others located in Muneerabad (V), Medchal (M) on 29.01.2020. During the inspection, Sri. Prashanth Reddy, Representative of the quarry & crusher was present.
At the time of inspection, the quarry is not in operation, the mats are noticed in the pit and on enquiry, Sri Prashanth Reddy, the representative of Sri G. Jeevith Reddy informed that they are not operating the quarry and crusher since last (20) days due to some machinery repairs and also informed that they operate the quarry with controlled blasting by using the mats and other latest techniques in the presence of Second C lass Mines Manager as per the Mines Safety norms and shown the copy of the Mines Manager Certificate and Permission from the Mines Safety Department.
Further it is noticed that the quarry pit with irregular benches, is contiguous. And as per the field observations, the fresh workings are seen in the eastern portion of the pit seems falling in Sy. No.40 and the western portion of the pit seems falling in Sy. No.41 of Muneerabad Village is looks like old one and weathering is takes place on surface and some part of the pit covered with stagnated water where no fresh workings were seen.
The RDO, Keesara has directed the Surveyor, Medchal Mandal to conduct survey of the quarry to identify whether any encroachment has been carried out by the unit into the petitioner's land.
The Mines Surveyor tried to locate the Sy. No. 40 where the quarrying permission was permitted with the help of Mandal Surveyor, Medchal Mandal and both taken the extent of the opened quarry pit, there after the Revenue Surveyor expressed that the detailed survey is required with connected records so as to fix up the survey number boundaries of land. The details of the inspection is as follows:
M/s. Sahitya Metal (P) Ltd., is located at Sy. No.40 & 41 Muneerabad (V), Medchal (M), Medchal - Malkajgiri District. Sri . G. Jeevith Reddy & Sri. Sidha Reddy are the partners of the stone crusher & Quarry and Page 6 of 36 operating the unit since the year 1989. The quarry lease was granted for stone & metal over an extent of Ac. 5.00 in Sy. No. 40 of Muneerabad Vg, Medchal Mdl, Medchal-Malakajgiri District in favour of Sri G. Jeevith Reddy by the Dy. Director of Mines & Geology, Hyderabad vide Procgs. No. 1318/Q-1(1)/208, Dt: 04.04.2008 for a period of (10) years and the same quarry lease was executed by the Asst. Director of Mines & Geology, Hyderabad vide Procgs. No. 908/S/2006, Dt: 10.04.2008 for a period of (10) years from 10.04.2008 to 09.04.2018.
After that Sri G. Jeevith Reddy filed a representation before the Director of Mines & Geology, Hyderabad and requested to issue permit for a period of (05) years for excavation of rock/stone in their Patta land in Sy. No. 40 of Muneerabad Vg, Medchal Mdl, Medchal-Malkajgiri District so as to level up the area by extracting and removing the stone to make it viable for further development. The Director of Mines & Geology, Hyderabad has accorded permission vide Memo No. 4251/R2-1/2018, Dt:22.06.2018 with a request to obtain the permission from the Director of Mines Safety, Hyderabad Region for a period of (05) years vide No.HR2/DMA/106(2)(b)/140(18)/2018/2762, Dt:24.09.2018. Accordingly, the Asst. Director of Mines & Geology, Medchal-Malkajgiri issued temporary permits after payment of requisite Seigniorage Fee and other statutory payments made by Sri G. Jeevith Reddy and directed to operate the quary as per the Mines Safety Norms.
Previous History:
Initially, Sri G. Jeevith Reddy was having a quarry lease for stone & metal over an extent of Ac. 2.00 Gts. In Sy. No.40 & 41 of Muneerabad Vg., Medchal Mdl, for a period of (05) years from 08.08.1989 to 07.08.1994 granted by the Dy. Director of Mines & Geology, Hyderabad vide Procgs. No. 7889/Q/88, Dt: 04.08.1989 and the same was executed by the Asst. Director of Mines & Geology, Hyderabad vide Procgs No.2587/M2/1988, Dt: 09.08.1994. Further the same lease was renewed by the Dy. Director of Mines & Geology, Hyderabad vide Procgs. No. 2486/Q3/94, Dt: 23.08.1994 and the same was executed by the Asst. Director of Mines & Geology, Hyderabad vide Procgs. No. 1460/M2/94 Dt: 03.10.1994 for a period of (15) years from 08.08.1994 to 07.08.2009.
One more quarry lease was granted by the Dy. Director of Mines & Geology, Hyderabad for stone & metal over an extent of Ac. 3.00 Gts in Sy. No. 40 & 41 of Muneerabad Vg., Medchal Mdl, in favour of M/s. Sahitya Metal Pvt. Ltd. vide Procgs. No.592/RR/Q/2000, Dt. 10.03.2000 and the same was executed by the Asst. Director of Mines & Geology, Hyderabad vide Procgs. No. 4807/M2/99, Dt: 15.03.2000 for a period of (05) years from 15.03.2000 to 14.03.2005.
The crusher is located inside of QRR at a distance of 250 mtrs. The unit falls under orange category. Nearest village i.e. Muneerabad is located at a Page 7 of 36 distance of about 1.2 km from the stone crusher. The unit has developed greenbelt only towards the Outer Ring Road (ORR) side of the stone crusher. However, lot of dust accumulation was observed in the premises.
The blasting activity conducted by the quarry lease holders and other blasting related issues comes under the purview of Mines Safety Department. In this connection, the Asst. Director of Mines & Geology, Medchal-Malkajgiri District vide Lr. No. 908/S/2008, Dt: 10.02.2020 addressed to the Dy. Director of Mines Safety, Hyderabad with a request to visit the above said area, sought appropriate action if any discrepancy noticed with regard to the blasting activity in the above said area.
Earlier, the Telangana State Pollution Control Board (referred as Board in subsequent paragraphs) issued closure order to the crusher vide order dated: 02.11.2005 for causing Air Pollution. Subsequently, unit has obtained temporary revocation of closure order vide order dated: 29.03.2006 for a period upto 28.09.2006. Again Board issued Closure orders to unit vide order dt: 22.07.2006 for non compliance of conditions of temporary closure orders. The CFO application filed by the unit is also rejected on the same ground. The unit has approached Hon'ble Appellate Authority of TSPCB against the closure orders dated: 22.07.2006. The Hon'ble Appellate Authority has disposed the case and directed the PCB to reconsider the issue by giving reasonable opportunity to the Appellant to represent its case.
The Board again issued closure order to the unit vide order dated:
04.10.2017 as per the direction of Hon'ble NGT Orders in Appeals No. 106 to 12 of 2016(SZ) for operating without CFO of the Board and causing air pollution in the area.
The unit is also operating a quarry which is located adjacent to the crusher. This quarry has not obtained EC & also not obtained CFE/CFO of the Board. A show cause Notice was issued to the quarry for operating without obtaining Environmental Clearance as required under Environmental (Protection) Act. Accordingly the Board has issued Closure Orders to the unit on 25.01.2018. Subsequently, the stone crusher has obtained CFO of the Board vide Order dt: 21.03.2018 with a validity period upto 31.03.2020 and also obtained temporary revocation of the Board vide order dt: 24.03.2019 for a perid upto 23.04.2018.
Again, the unit has requested the Board vide lr. dt: 05.05.2018 for permanent Revocation of Closure Orders. The Board has issued Permanent revocation of Closure Orders to the unit vide order dt: 19.05.2018 with certain conditions to comply and directed the unit to submit Bank Guarantee of Rs.1 Lakh towards the compliance of the Boards Directions. Details of the Unit:
SL. PARTICULARS DETAILS & OBSERVATIONS
NO.
1 Name and location of M/s. Sahitya Metal (P) Ltd.
the unit Sy. No.40 & 41, Muenerabad (V),
Medchal (M), Medchal - Malkajgiri District.
Page 8 of 36
2 Unit Representative; Sri. Prashant Reddy, Incharge (M): 75308999999
Tel. No.
3 Date of Visit 29.01.2020 & 11.02.2020
4 Operational status Operational
5 Name of the Officials Sri Ravi, RDO Keesara,
visiting the unit Sri Linga Swamy, AD Mines & Geology,
Medchal
Sri M. Praveen Kumar, EE, TSPCB Regional
Office - Medchal
6 Purpose of visit Verification of compliance as per the orders passed
by Hon'ble NGT, Chennai in the matter OA No.
42 of 2019
7 Consent Status CFO valid upto 31.03.2020 (for crusher)
8 Consented Capacity Stone Chips - 100 TDP
Operating Capacity The unit is operational at normal average
capacity.
9 Process Chart: Enclosed at Page No.11
10 Product type (Based on 20 mm, crushed sand
size)
11 Control Equipment/ --
Measures provided
11.1 Dust suppression and Lot of dust accumulation was observed inside the sprinkling arrangements premises.
for stored materials 11.2 Wind Breaking walls The crusher has provided wind breaking wall towards ORR only, other sides are open.
11.3 Internal pucc Road & No internal pucca roads for internal movement Road cleaning and no internal road cleaning system in place. mechanism/arrangement 11.4 Arrangement for water The crusher has provided permanent water spraying and wetting of sprinklers at the primary and secondary crushing ground in the premises. points.
11.5 Status of Green Belt The crusher has provided green belt all around the along periphery of the crusher. But no green belt for the quarry. unit.
11.6 Conveyor belt covered or The unit has provided Cladding to the Crusher, not. Vibratory screen & Conveyor belts.
11.7 Condition of fugitive Fugitive emissions were observed during the ply emission of the vehicles.
12 Any Chimney/stack No chimney / stack is present in the premises.
with monitoring facility 13 Average power Records were not available in the unit during the consumption per ton of visit.
crushing 14 Alternate arrangement No alternate power supply.
for power supply 15 Source of water Borewell and rain water accumulated in old quarries adjacent the crusher.
16 Water consumption 500 LPD 17 Availability of records of No records were available at the site.
receipt & dispatch of material at site 18 Observations of the team:
M/s. Sahitya Metal (P) Ltd., is located at Sy. No.40&41 Muneerabad (V), Medchal (M), Medchal Malkajgiri District, Sri G. Jeevith Reddy & Sri Sidha Reddy are the partners of the stone crusher & Quarry and operating the unit since, 1989.
The unit is located at N 17º35'32.4", E 78º30'107". The unit reportedly has approximate area of about 5 acres of land.
The unit is engaged in mining of stone metal and stone crushing activities in an area of 5 Acres.
Page 9 of 36 The unit is located inside ORR at a distance of 250 mtrs. The unit falls under orange category. Nearest village i.e. Muneerabad is located at a distance of about 1.2 Km from the stone crusher.
The unit have obtained quarry leased license from Mines & Geology Department vide proceedings No. 908/s/2006 dt: 10.04.2008 for Ten years. Again, they extended the lease period for another 5 years vide Memo No.4251/R2-1/2018 dt: 22.06.2018.
In compliance to the Hon'ble NGT order, joint inspection was conducted by the team consisting of RDO, Keesara, AD, Mines, Medchal and EE, TSPCB.
At the time of inspection, the quarry is not in operation, the mats are noticed in the pit and on enquiry, Sri Prashanth Reddy,, the representative of Sri G. Jeevith Reddy informed that they are not operating the quarry and crusher since last (20) days due to some machinery repairs and also informed that they operate the quarry with controlled blasting by using the mats and other latest techniques in the presence of Second Class Mines Manager as per the Mines Safety norms and shown the copy of the Mines Manager Certificate and permission from the Mines Safety Department.
The unit has provided wind breaking wall towards ORR only, other sides are open.
The unit has not provided internal pucca roads for internal movement and no internal road cleaning system in place.
The unit has provided permanent water sprinklers at the primary and secondary crushing points.
The unit has provided green belt all around the crusher. But no green belt for the quarry.
The unit has provided cladding to the crusher, vibratory screen and conveyor belts, however there are small openings in the cladding.
Lot of fugitive emissions were observed during plying of vehicles.
The unit is also operating a quarry which is located adjacent to the crusher. This quarry has not obtained EC & also not obtained CEE/CFO of the Board. A show cause Notice was issued to the quarry for operating without obtaining Environmental Clearance as required under Environmental (Protection) Act.
The unit is closed vide order dt: 25.01.2018 for operating without EC & CFO of the Board. Subsequently, Permanent revocation of Closure Orders were issued to the unit vide order dt: 19.05.2018 with certain conditions to comply and directed the unit to submit Bank Guarantee of Rs.1 Lakh towards the compliance of the Boards Directions.
During the joint inspection of the team on 29.01.2020, certain non- compliances were observed.
Subsequently, the unit was called for hearing before the Task Force Committee of TSPCB, Zonal Office Hyderabad on 31.01.2020 to review the compliance status of the Stone Crusher. After detailed discussions, the Committee recommended the Environmental Engineer, RO, Medchal to re-inspect and submit latest status report on the compliance of Board's conditions.
Accordingly, the unit was again re-inspected on 11.02.2020 and submitted the latest report on compliance status to TSPCB, Zonal Office, Hyderabad. The issue was again placed in Task Force meeting held at TSPCB, Zonal Office on 12.02.2020. After detailed Page 10 of 36 discussions, the Committee observed some non-compliances on the Board's directions The Committee recommended to forfeit the Bank Guarantee of Rs.1 Lakh (Rupees One Lakh only) which was submitted by the unit towards compliance of directions issued by the Board. Further, the unit was also directed to submit fresh Bank guarantee of Rs.1 Lakh (Rupees One Lakh only) towards Compliance Board directions.
The Mines Surveyor tried to locate the Sy. No. 40 where the quarrying permission was permitted with the help of Mandal Surveyor, Medchal Mandal and both taken the extent of the opened quarry pit, thereafter the Revenue Surveyor expressed that the detailed survey is required with connected records so as to fix up the survey number boundaries of land.
The Surveyor, Medchal Mandal has submitted the map duly locating the quarry pit in Sy. No. 40 & 41 occupied to an extent of Ac. 5.00 Gts & AC. 5.16 Gts. Respectively of Munnirabad (V), Medchal (M). As per the report of the surveyor, it was observed that there is no encroachment of quarry into the petitioner's land (Annexure enclosed) The Mines & Geology Department is under proposal so as to conduct detail survey with regard to the lease area as well as quantity extracted from the pit duly adopting the latest survey techniques like DGPS, ETS / Dronc Survey. After the appropriate action will be initiated as per Telangana State Minor Mineral Concession Rules, 1966 if any discrepancy noticed in the matter.
Photographs were taken during the team visit. (Annexure enclosed.) 19 Recommendations of the team:
The unit shall provide Metal/Concrete road within the premises.
The unit shall provide wind breaking wall all around the crusher The unit shall immediately submit a fresh Bank Guarantee of Rs.1.0 Lakh (Rupees One Lakh only) at Regional Office, Medchal- Malkajgiri District within one week with a validity period of 12 months towards the compliance of above directions issued by the Board.
To provide proper cladding to the Crusher (Primary, secondary and tertiary) with arrangements of a door with opening and closing facility for cleaning and maintenance.
The unit shall provide well-designed water spray arrangements (water spray in the form of mist) to suppress the dust generated during the operation.
To keep strict vigilance of mining activity in the subject area to monitor the blasting operation regularly to ensure the norms of blasting and the distance from villages as per the prevailing guidelines/norms.
To install adequate sprinkling arrangement to suppress the dust during unloading of mined rock and loading of crusher hoppers.
To provide metal sheet enclosures at transfer points and screen, with arrangements of a door with opening and closing facility for cleaning and maintenance. All openings provided for ventilation in the enclosures should be covered by canvas bag filter to arrest the escaping dust.
The unit shall provide internal pucca roads for internal movement Page 11 of 36 and internal road cleaning system shall be inplace.
The unit shall develop green belt in a very scientific manner keeping objective of the same in mind. Further the unit shall maintain a buffer zone of minimum 30 meters with green belt. Till green belt is developed a wall or GI sheet structure of height of 20 feet must be provided around the premises of crusher unit.
The unit shall immediately obtain Environmental Clearance and Consent for Operation (CFO) from the Board for mining activity and shall operate only after obtaining CFO from the Board.
The unit shall improve housekeeping and regular cleaning of the premises.
A detailed survey has to conduct by Mines & Geology Department using latest technology to estimate the lease area as well as quantity extracted from the pit for initiating appropriate action against the quarry as per Telangana State Minor Mineral Concession Rules, 1966 if any discrepancy noticed in the matter.
The Blasting activity conducted by the quarry lease holders is comes under purview of the Department of Mines Safety. As such, the team is recommending that the Director of Mines Safety, Hyderabad Region shall inspect the quarry area and verify the blasting process as per their norms and take appropriate action if any discrepancy is noticed.
The mining activities may be allowed after completion of detailed study on property damages and vibration study by experts in the fields after necessary statutory clearances and also by undertaking to ensure no deep bore blasting to be carried out by any mining owners at any point of time.
7. Thereafter, this Tribunal passed the following order:
"5. It is seen from the report that there were serious violations. There was even operation of the unit without getting necessary Environmental Clearance and Consent to Operate. Closer orders have been issued earlier, but they have been casually revoked by only forfeiting the performance Bank Guarantee of Rs.1 Lakh (Rupees One Lakh only) provided and also directing them to furnish further performance guarantee of Rs.1 Lakh (Rupees One Lakh only). It is not clear from the report as to whether any excess mining has been done or not, what is the period of illegal mining operation and why environmental compensation has not been imposed as directed by this Tribunal in several decisions of this nature applying the guidelines provided by the Central Pollution Control Board in this regard.
6) It is also mentioned in the report that to ascertain whether there is any encroachment into the property of the applicant for doing mining and whether the mining was done beyond the lease area for which according to them a survey is required. They did not mention as to whether any steps have been taken for this purpose.
7) Further, in the recommendation portion, they have only mentioned the mining activities may be allowed after completion of detailed study on property damages and vibration study by experts in the fields after necessary statutory clearances and also by undertaking to ensure no deep bore blasting be carried out by any mining owners at any point of time. It is not known as to whether Page 12 of 36 any further steps have been taken in this regard though inspection was done on 29.01.2020.
8) If the mining operations are going on without getting Environmental Clearance and also without necessary Consent to Operate etc., then the authorities are directed to take steps to close down the unit till the clearances are obtained and submit further action taken report in detail mentioning the gaps pointed out in the paragraphs supra including imposition of environmental compensation within a period of two months. Registry is directed to communicate this order to the Joint Committee by e-mail immediately so as to enable them to comply with the directions. The Joint Committee shall submit the report to this Tribunal through e-mail @ [email protected] within the above period."
8. As per the directions of this Tribunal, the Joint Committee filed the further report dated 07.08.2020 which reads as follows:
"In the Hon'ble NGT matter (in Application No.42 of 2019) between Dr. B. Ratan Reddy, R/o Devarayamjal, Shamirpet (M), Thumkunta Municipality, Medchal District Vs G. Jeevith Reddy & Others, the Hon'ble NGT, Chennai vide order dated 17.12.2019 has appointed Joint Committee to inspect the area and submit factual report and action taken report. Subsequently, as per the Directions of the Hon'ble NGT, the Joint Committee has submitted report. The Hon'ble NGT vide Orders dated 02.03.2020 directed the Joint Committee to submit the report to the Tribunal and the case was posted on 12.05.2020. Subsequently, the case was again posted to 21.05.2020. The case came up on 21.05.2020 in Hon'ble NGT, the tribunal has passed interim Orders directed the Joint Committee to take necessary action for not obtaining Environmental Clearance for Mining activity and for illegal mining and also directed to impose Environmental Compensation as per the guidelines provided by CPCB for damaging the environment. The important points of the order and action taken are as follows:
1. Ït is seen from the report that there were serious violations. There was even operation of the unit without getting necessary Environment Clearance and Consent to operate. Closure orders have been issued earlier, but they have been casually revoked by only forfeiting the performance Bank Guarantee of Rs.1 Lakh (Rupees One Lakh only)"
The Joint Committee has inspected the quarry and crusher pertaining to Sri G. Jeevith Reddy & others located in Muneerabad (V), Medchal (M) on 29.01.2020 and submitted the detailed inspection report to TSPCB, Zonal Office, Hyderabad. The issue was placed in Task Force committee meeting held at TSPCB, ZO, Hyderabad. During the Task Force meeting held on 31.01.2020, the Committee directed the RO-Medchal to submit the latest status report on the compliance of the Consent conditions. In compliance, this office officials inspected the industry on 11.02.2020 and submitted the latest compliance report to Zonal Office, Hyderabad. In the Task Force Committee meeting held Page 13 of 36 on 12.02.2020, the Committee decided to forfeit the earlier Bank Guarantee (BG) of Rs.1 lakh for non-compliance and directed the industry to submit afresh BG of Rs.1 lakh with certain direction to the industry. Subsequently, the Zonal Office vide IOM No.RR-11/TSPCB/ZO- HYD/TF/2020-891, dt: 17.02.2020 directed Regional Office-Medchal to forfeit the Bank Guarantee of Rs.1 Lakhs for non-compliance of the Board's directions. Accordingly, the BG of Rs.1 lakh was forfeited and submitted to the Head Office, TSPCB vide letter dt: 05.03.2020.
Regarding Environmental Clearance, the proponent has applied for Environmental Clearance for Mining of Minerals activity under Non-Coal Mining category on the name of G. Jeevinth Reddy on 13.04.2018 vide Proposal No. S1A/TG/MI/24793/2018 and the same was returned by State Environmental Impact Assessment authority (SEIAA) on 17.04.2018 to upload the Approved Mining Plan.
Regarding the Consent for Operation (CFO) of the Board, it is to submit that the CFO pertaining to Stone Crushing Unit i.e., M/s. Sahitya Metal (P) Ltd. Sy. No. 40, Muneerabad (V), Medchal (M), Medchal - Malkajgiri District was expired on 31.03.2020. The Industry has not yet applied for CFO (renewal) of the Board.
11. "It was clear from the report as to whether any excess mining has been d0one or not, what is the period of illegal mining operation and why environmental compensation has not been imposed as directed by this tribunal in several decisions of this nature applying the guidelines provided by the CPCB in this regard."
The Mines & Geology Department Surveyor, Royalty Inspector along with Mandal Surveyor, Medchal Mandal have taken-up DGPS/ETS survey in co- ordination with the team of Mines & Geology empanelled agency M/s. Rehoboth Surveys, on 16.06.2020 & 18.06.2020 and found certain encroachments (beyond the leased areas) in both the leased areas located in Sy. No. 40 & 41 of Muneerabad Vg., Medchal Mdl., Medchal-Malkajgiri District and the verage depth of the pit is arrived including over burden. As per the report Sri G. Jeevith Reddy has excavated excess of 266648.52 M3 Rough Stone & Road Metal in the leased areas and beyond the leased areas. The TSPCB vide order dated 03.01.2020 issued modalities/methodology for assessing imposing and utilization of Environmental Compensation from the polluting units in the state of Telangana.
The Regional Office, Medchal has submitted a report to the JCEE, Zonal Office- Hyderabad for imposition of Environmental Compensation on the crusher & quarry, vide report dt: 04.06.2020. The issue was placed before the Environmental Compensation meeting held on 19.06.2020 at TSPCB, Zonal Office, Hyderabad. The issue was placed before the Task Force Committee for examining and finalizing the Environmental Compensation. After detailed discussions, the Committee recommended that, as per the Hon'ble NGT Orders, Page 14 of 36 Environmental Compensation shall be calculated for Quarry/Mine only. As the activity falls under Red category, the issue may be forwarded to Head Office as the Red category industries are being dealt by them. Accordingly, as per the recommendations of the Task Force Committee, Zonal Office-Hyderabad, the Environmental Compensation was re-assessed for Quarry/mine by the Regional Office - Medchal and submitted to Head Office for imposing the Environmental Compensation vide mail dt. 01.07.2020. The Head Office, TSPCB vide mail dt. 25.07.2020 has circulated the file to the Chairman TSPCB and obtained approval. Based on the CPCB guidelines and as per TSPCB office order dt: 03.01.2020 issued on modalities / methodology of assessing, imposing and utilization of Environmental Compensation from the polluting units in the State of Telangana has arrived at the following and recommended to impose environmental compensation to the industry. Total Nos. of days of violation (N)as 717 days Pollution Index of Industrial sector (P1) as 80, Scale of Operation (S) as 0.5.
Location Factor (LF) as 1 and Factor of Rupees (R) as Rs.250/-
In view of the above, the environmental compensation is finalized as:
EC = 80 x 716 x 250 x 0.5 x 1 = Rs.71,60,000/- (Rupees Seventy One Lakhs Sixty Thousand only) III. "It is also mentioned in the report that to ascertain whether there is any encroachment into the property of the applicant for doing mining and whether the mining was done beyond the lease area for which according to them a survey is required. They did not mention as to whether any steps have been taken for this purpose."
Earlier, the Joint Committee has inspected the quarry and crusher pertaining to Sri G. Jeevith Reddy located in Muneerabad (V), Medchal (M) on 29.01.2020 and submitted report.
In the report, the Mine & Geology Department proposed to conduct detail survey with regard to the lease area as well as quantity extracted from the pit duly adopting the latest survey techniques like DGPS, ETS, etc. After that, appropriate action will be initiated as per Telangana State Minor Mineral Concession Rules, 1966 if any discrepancy noticed in the matter. Accordingly, Mines & Geology office Surveyor, Royalty Inspector along with Mandal Surveyor have taken-up DGPS/ETS survey in co-ordination with the team of Empanelled Agency M/s Rehoboth Surveys on 16.06.2020 & 18.06.2020 and the empanelled agency furnished the DGPS Survey map and reported that certain encroachments (beyond the leased areas) were noticed in both leased areas located in Sy. No. 40 & 41 of Muneerabad Vg. Medchal Mdl.
Medchal-Malkajgiri District and the average depth of the pit is arrived including over burden.
Page 15 of 36After removal of overburden reported by Mines & Geology office Royalty Inspector, the volume of the pit falling inside and outside the leased areas and permitted quantity (as per office records) details are as under:
S.No. Pit falling in Area of Excavated Details of Differential the pit Quantity permitted Quantity (in (in Cbm) quantity (in Cbm) Acres) (in Cbm) 1 Inside the lease area -1 3.92 145071.42 24432 120639.42 (Sy. No.40) 2 Outside the lease area 0.94 15458.40 - 15458.40
-1 (Sy. No.40) 3 Inside the lease area -2 1.91 113832.18 26287 87545.18 (Sy. No.41) 4 Outside the lease area 1.42 26863.20 - 26863.20
-2 (Sy. No.41) 5 D. 0.814 16142.32 `- 16142.32 Yamjal&Kandlakoya Vg.
Total 266648.50 As per the above data it is evident that Sri G. Jeevith Reddy has excavated the 208184.60 M3 Rough Stone & Road Metal from his leased areas without valid permits obtained from the Department of Mines & Geology and also excavated 58,463.92 M3 Rough Stone & Road Metal beyond the leased areas. For which, Sri G. Jeevith Reddy has evaded Seigniorage Fee Rs.1,56,13,845/-for differential quantity in his leased areas and also evaded Seigniorage Fee Rs.43,84,794/- for excavation of mineral from beyond the leased areas.
In this connection, according to the TSMMC Rules, 1966, the Mine & Geology Department initiated action and imposed the penalty and issued Show Cause Notice and Demand Notice to Sri G. Jeevith Reddy for excavation & transportation of minor minerals as per Rule 34(1) and 26(2) of Telangana Minor Mineral Concession Rules' 1966 vide SCN No.908/S/2008, dt. 14.07.2020 and Demand Notice No.908/S/2008 dt. 21.07.2020. The Seigniorage Fee and Penalty details are as under:
Sl. Details Quantity Rate of Normal (5) times (10) times Total (in Rs.) No. in (M3) Seigniorage Seigniorage penalty as penalty as Fee (in Rs.) fee (in Rs.) per Rule per Rule 34(1) of 26(2) of TSMMC TSMMC Rules, 1966 Rules, 1966 1 Differential 208184.60 75 1,56,13,845 7,80,69,225 - 9,36,83,070 quantity excavated from quarry leased areas 2 Quantity 58,463.92 75 43,84,794 - 4,38,47,940 4,82,32,734 Page 16 of 36 excavated beyond the quarry leased areas Total 266648.52 - 1,99,98,639 7,80,69,225 4,38,47,940 14,19,15,804 Meanwhile, the Mines & Geology office addressed to the Dy. Director of Mines Safety, Hyderabad vide Lr. No.908/S/2008 Dt.10.02.2020 with a request to visit the said area, sought appropriate action if any discrepancy noticed with regard to the blasting activity in the above said area.
Accordingly, Director of Mines Safety, Hyderabad Region No.2 vide No. H.R.2/DMA/ADMG/2020/549, Dt:12.06.2020 suspended the mining operations and requested that not to allow mining operations until clearance issued by them.
Earlier, the Mandal Surveyor, Medchal Mandal has submitted the map duly locating the quarry pit in Sy. No.40 & 41 occupied to an extent of AC.5.00 Gts & AC. 5.16 Gts respectively of Munnirabad (V), Medchal (M). As per the report of the surveyor, it was observed that there is no encroachment of quarry into the petitioner's land as it was carried out with village map. Subsequently, the Mandal Surveyor, Medchal Mandal has again submitted the map showing the Sy. No. 40, 41 of Muneerabad (V), Sy. No.137 of Kandlakoya(V) of Medchal (M) and Sy. No. 694 of Deveryamjal (V), Shamirpet (M) Medchal - Malkajgiri District duly carried out by DGPS/ETS Survey. AS per the map, it was observed that there is an encroachment in the petitioner land i.e. Sy. No.694, Deveryamjal to an extent of Ac.0.30 guntas and encroachment in Sy. No.137 of Kandlakoyal Village to an extent of Ac. 0.06 guntas. IV. "Further in the recommendation portion, they only mentioned the mining activities may be allowed after completion of detailed study on property damages and vibration study by experts in the fields after necessary statutory clearances and also by undertaking to ensure no deep bore blasting be carried out by any mining owners at any point of time. It is not known as to whether any further steps have been taken in this regard though inspection was done on 29.01.2020."
Sri. G. Jeevith Reddy has obtained Temporary permit for extraction of 1332 M 3 stone & metal over an extent of Ac. 5.00 Gts in Sy. No. 40 of Muneerabad Village, Medchal Mandal vide proceedings No. 908/S/2008, dt: 20.10.2018 for the period of 20 days i.e., from 22.10.2018 to 10.11.2018. Again the respondent has obtained Temporary permit for extraction of 1000 M3 for a period of 21 days i.e. from 25.11.2019 to 5.12.2019 vide Proceedings no. 908/S/2008, dt. 25.11.2019. The respondent has not operated the mine from 06.12.2019 to till date.
Sri G. Jeevith Reddy has engaged M/s. CSIR-Central Institute of Mining & Fuel Research Nagpur, Maharashtra for carrying out "Scientific studies for Design of Safe Blast Parameters at G. Jeevith Reddy Stone Quarry, Sy. No. 40, Muneerabad, Medchal-Malkagiri District" in July 2018. Subsequently, Sri. G. Page 17 of 36 Jeevith Reddy has obtained Mine Safety license vide order dt: 24.09.2018 and Temporary permit from Mines & Geology Department vide order dated 20.10.2018."
9. The Applicant filed objection to the second Joint Committee Report which reads as follows:
"2) At the outset, the Applicant submits that the Second Joint Report filed on 07.08.2020 by the RDO Keesera; Asst. Director, Mine & Geology, Medchal; and Environmental Engineer, TPSCP, RO - Medchal has several inconsistencies and does not fully answer the questions asked by the Honourable Tribunal.
3) It is respectfully submitted that the Hon'ble Tribunal on 21.05.2020 reviewed the First Joint Report and passed the order that there were serious violations in the mine and crushing unit and the report did not mention if any excess mining was done, the period of illegal mining and why no environmental compensation was imposed. The Tribunal observed that there is no mention of encroachment into the petitioner's property for doing mining. The Hon'ble Tribunal directed the authorities to close the unit and submit further action taken report in detail mentioning gaps in the report including imposition of the environmental compensation.
4) It is respectfully submitted that the Hon'ble NGT has given clear directions to authorities to close down the unit till the clearance are obtained and submitted. However, the Mining and Crusher operations are running the unit including nights in the petitioner's land and Respondent No.1 land.
5) It is respectfully submitted that the First Joint report mentioned that there was no encroachment into the Petitioner's land in Sy. No.694. The Second Joint report mentioned two different maps showing encroachment with different extent of encroachments. There are 3 maps showing different extent of encroachment. In the earlier Survey of Sy. No. 40 & 41 in 27.03.2018, a survey notice was given to all the neighbours by the Mandal Surveyor. There was no notice given to the neighbours when the Surveys were done for the First and Second Joint Committee Reports.
6) It is respectfully submitted that the Annexure XI of Second Joint report shows Survey No.41 of Muneerabad village is at the junction with Survey No. 694 of Devar Yamjal village and Survey No.137 of Kandlakoya village. The historical map of the village shows a Village shivar road between the villages. The second Report completely ignored the mention of this road. The survey maps in the report did not indicate the presence of the road. The mining operations completely destroyed this road and preventing me to access my land.
7) It is respectfully submitted that the First Joint Report mentions that the crusher unit is at a distance of 250 mtrs and the nearest village is Page 18 of 36 Muneerabad at 1 .2 km. However, the ORR is at 125 metres. There are dwellings within 500 mtrs. To the unit that are under the Devar Yamjal village and the Kandlakoya village that were not taken into consideration.
The Telangana State Police Training Academy is at 410 mts from the unit where police officials are trained in the residential campus IAs per norms no dwelling should exist within 1 km of the mining operations.
8) It is respectfully submitted that the First Joint Report mentioned that the unit shall maintain a buffer zone of minimum 30 meters with green belt and a wall with 20 feet must be provided all around the premises. There is no Action taken report on this order.
9) It is respectfully submitted that the devotees of the Hanuman temple (situated in Sy. No. 690 of Devar Yamjal village) filed complaint with the SHO, Medchal that the blasting operation is affecting the peace and tranquliity during the Puja. The blasting operations are also causing damage to the Lord Hanuman's statue. The Hanuman temple is at 320 mtrs from the mining operations. There is no mention of the damage to the religious structures in the Report.
10) It is respectfully submitted that the unit is not in compliance with NGT's order in OA No.3 of 2016(SZ). The National Green Tribunal's South Zone has issued judgment on Application No.3 of 2016 (SZ) (Suo Moto) asking the Telangana State Pollution Board to monitor the crushing unit for following the guidelines and directions issued by the Board. Some of the guidelines of the Telangana State Pollution Control Board are as follows:
a. 500 Meters away from National Highway - 100 meters away from State Highway, main district roads and other roads.
b. 1 km away from human habitation.
c. shall be located near quarries.
d. 50 mts green belt to be provided towards developed area and agricultural lands side. Minimum 3 acre land is required for the sites located adjacent to quarries or surrounded by barren lands on one or two sides. For other sites surrounded by agricultural lands, minimum 5 acre land is required.
11) For the reasons stated above, it is humbly prayed that this Hon'ble Tribunal may be pleased to:
a. Direct the Respondent Authorities to enforce all the guidelines of the Telangana State Pollution Control Board and close the mining and crushing operations of the First Respondent.
b. pass an order to the Collector to register and mutate from the respondent's non-mined property in the Survey No. 40 of the Muneerabad village equivalent to:
i. The Petitioner's lost land due to mining in the Survey No. 694 of the Devar Yamjal village.Page 19 of 36
ii. And the Green zone the petitioner must leave in the Survey No. 694 due to vibrations cause by the mining operations.
c. Direct the MRO/RDO through the Collector to restore the Village Shivar Road between the villages (survey number 694 of Devar Yamjal) that is shown in the historical map of the Villagers, as there is no other access road to the petitioner (easement right). The road was destroyed by mining.
d. As all the departments are not submitting fact finding reports, we pray the Honourable Tribunal to appoint a Retired High Court Judge or any professional body to look into the total case and do justice.
e. pass an order to the Collector; the Telangana State Mining Department and the Telangana State Pollution Control Board to permanently close the Quarry and the Crusher unit with immediate effect.
f. Pass an order to the Collector, the Telangana State Mining Department and the Telangana State Pollution Control Board to ensure strict compliance of the Closure orders of the Quarry and the Crushing operations in the Survey Nos. 40 and 41 of the Munirabad village, Medchal Mandal, with immediate effect.
g. And pass such further order or orders as may be fit proper and necessary in the facts and circumstances of the case and thus render justice."
10. He has also produced certain photographs and documents to substantiate his objections.
11. Respondents 1 and 2 filed their reply as well as objection to the Report contending that the Respondents were operating Stone Crusher and Quarry since the year 1989 at Survey Nos. 40 and 41 at Muneerabad Village, Medhal Mandal, Medchal - Malkajgiri District pursuant to the query lease granted over an extent of 5 acres in Survey No. 40 by Deputy Director of Mines and Geology, Hyderabad by proceedings dated 04.04.2008 for a period of 10 years. The quarry lease was also executed on 10.04.2008 by the Assistant Director of Mines and Geology, Hyderabad and it was valid till 09.04.2018. The 1st Respondent made representation to the authorities to issue permit for five years for excavation of rocky stones in their patta land in survey No.40 Muneerabad Village, so as to level up the area to make it viable for further development. Permission Page 20 of 36 was also accorded by the Director of Mines and Geology on 26.02.2018 subject to further permission from Director General of Mining Safety Hyderabad Region for a period of five years by Proceedings dated 24.09.2018. Thus, these Respondents were permitted to operate the quarry for the above purpose following Mine Safety Norms and temporary permits were issued after due payments and receipt of seigniorage fee and other statutory payments. Previously 1st Respondent had quarry lease for a period from 08.08.1989 to 07.08.1994 with a renewal for a period of 15 years and again from 08.08.1994 to 07.08.2009, another quarry lease had also been granted to an extent of 3 acres for the period from 15.03.2000 to 14.03.2005.The stone crushers of the respondents which falls under the orange category is located at a distance of 250 meters from the outer ring road. In the meantime, Pollution Control Board issued certain orders to the Crusher Units which was later revoked temporarily after compliance of conditions. Finally the Board issued permanent revocation of the closure order to the unit by order dated 19.05.2018 along with certain conditions including furnishing a fresh bank guarantee to the tune of Rs.1 lakh. The Environment Clearance is yet to be obtained, Respondents 1 & 2 have stopped all quarry operations and even during the inspection after the orders of this Tribunal, it was found that the quarry was not in operation. The Joint Committee also observed in the report that the earlier bank guarantee furnished by the Respondent has been forfeited and fresh guarantee of Rs.1 lakh has been collected for future compliance of Board's directions. It was observed by the committee that there was no encroachment of quarry into the land of the applicant as alleged in the present Original Application. Respondents 1 and 2 have undertaken to comply with all the recommendations of the Page 21 of 36 inspection team before the operation of the quarry. As per the order of this Tribunal dated 21.05.2020, the Joint Committee had once again inspected the quarry and the crusher belonging to the Respondents 1 & 2 and observed in the report that Respondents 1 & 2 have already applied for Environmental Clearance for Mining of Minerals under non coal mining category on 13.04.2018. It was also observed that the consent to operate was issued by the Board to the Stone Crusher which is valid upto 31.03.2020 and the same is yet to be renewed. The Joint Committee has gone into the issue of imposition of Environmental Compensation and after due enquiry, has imposed a compensation of Rs.71,60,000/- on Respondents 1 and 2 by adopting the CPCB guidelines. Although the Respondents herein have reservations about the manner and method of calculations employed by the Committee in arriving at the aforesaid compensation amount, they have been advised to make the payment in order to give a complete quietus to the issue and also in order to show their bona fides in respect of compliance of all statutory rules and regulations. The Respondents only pray that they may be permitted to pay the compensation amount fixed in few instalments instead of in one lump sum as they are not running the business at present. As regards the imposition of penalty on the respondents for excavation and transportation of mines and minerals, they have already filed revision petition before the Principal Secretary, Industries and Commerce Department, Government of Telangana on 20.11.2020 and the same is pending. Therefore, the issue relating to the payment of the penalty claimed by Mining Department as referred to in the Joint Committee Report be allowed to be adjudicated by the appropriate Authority. They have already requested the Assistant Divisional Engineer (TSSPDCL) Page 22 of 36 Medchal Division, for disconnection of electricity, i.e. HT line and convert the same to LT Line and the same has been approved by the concerned authority for disconnection. Therefore, in the absence of High Tension Electricity connection, there was no question of operating the quarry or crusher illegally arising.
12. They further contended that the Applicant himself is a land grabber and he is presently in occupation of lands in S.No.694 Devara Yamzal Village, which belongs to the Endowment Department of the Government of Telangana. The Revenue Portal of the Government itself shows that the aforesaid S.No.694 is a prohibited land as notified by the Government of Telangana. Therefore, the applicant with such questionable character has mustered the courage to file the present application with false and frivolous allegations against these respondents purely on personal gain and therefore prayed for dismissal of the application.
13. The applicant filed objection to the reply filed by the respondents 1 to 2 denying the allegation made against him and also reiterates the allegation made in the original application. He denied the allegation that he is a land grabber and there were litigations pending before various Civil Courts including Writ Petition before the Hon'ble High Court in respect of land in Devaryamjal Village, Shamirpet Mandal.
14. The Joint Committee has filed a further report dated 17.07.2021 (e-
filed on 14.08.2021) as directed by this Tribunal on the objections raised by the Applicant which reads as follows:-
Page 23 of 36 Page 24 of 36 Page 25 of 36 Page 26 of 36 Page 27 of 3615. Though the matter was posted for filing objections to the further report filed by the Joint Committee, the Applicant has not filed any objection to the same. Though it was posted for hearing by giving an opportunity for the parties to file their objections, written submissions and posted the case to 02.04.2022 for that purpose, even on that day there was no representation for the applicant. So this Tribunal decided to hear the Counsel for respondents and dispose the matter.
16. Heard the counsel for the respondents as the applicant who was appearing in person was absent even today and also on the last two or three occasions as well.
17. The counsel for the official respondent submitted that they have already taken necessary action and certain Revision Petitions are pending against penalty imposed. As regards the Environmental Compensation is concerned, they have assessed the compensation and on the basis of the directions given, steps will be taken for realization.
Page 28 of 3618. On the other hand, the Learned Counsel appearing for respondents 1 and 2 submitted as regards the compensation aspect is concerned, they are prepared to pay the amount and for that purpose they may be given some instalments facility. As regards the penalty imposed for excess mining by the Departments is concerned, they have preferred revision before the authorities and that is pending and that may be directed to be expedited in accordance with law.
19. Considered the pleadings, Joint Committee Reports and other documents produced and submissions made.
20. The points that arise for consideration are:-
a. Whether the Respondents 1 and 2 have committed any violation in carrying out the quarrying and Crusher Units?
b. Whether the compensation assessed is proper and adequate?
c. Whether any further directions will have to be issued in this regard and if so, what are all the nature of directions to be given?
POINTS:-
21. The grievance in this application was that respondents 1 and 2 were carrying on the quarrying operations without obtaining necessary Environmental Clearance and other Permissions and they were violating the conditions imposed in operating the crusher unit.
Page 29 of 3622. According to the applicant, the unit of the Respondents 1 and 2 is situated against the siting criteria. In order to ascertain the genuineness of the allegations made, this Tribunal had appointed a Joint Committee and the Joint Committee had found that the Quarry was not in operation on the date of inspection and also observed that though they developed Green Belt for the Crusher Unit, they have not provided green belt for the quarry area. They were running the quarry without obtaining Environmental Clearance and also without obtaining consent to establish or consent to operate. The Board issued a Show Cause Notice to the quarry for operating without obtaining Environmental Clearance as required under the Environmental Protection Act. The Unit was closed vide order dated 25.01.2018 for operating the unit without Environmental Clearance and Consent to Establish. Subsequently permanent revocation of Closure order was issued to the Unit vide order dated 19.05.2018, with certain conditions to comply and directed the Unit to submit Bank Guarantee for Rupees One Lakh towards the compliance of the Boards Directions. Thereafter on 29.01.2020 the Respondents 1 and 2 were called for hearing before the Task Force Committee of Telengana State Pollution Control Board, Zonal Office, Hyderabad on 31.01.2020 to review the compliance status of the Stone Crusher and after discussion the committee recommended the Environmental Engineer RO Medchal to re-
inspect and submit latest status report of the compliance of the directions.
Again they found that there are certain non-compliances and accordingly, they recommended to forfeit the Bank Guarantee of Rupees One Lakh already furnished and directed to furnish further Bank Guarantee of Rupees One Lakh.
Page 30 of 3623. They also made certain recommendations and they directed the Mining Department to conduct the survey of the area to find out whether any excess mining has been done and they were directed to obtain Environmental Clearance with the consent for operation for mining activity and shall operate only after obtaining both. They directed that the mining activity may be allowed after completion of detailed study of property damage and vibration study by experts in the field after necessary Statutory Clearances and also by undertaking to ensure no deep bore blasting to be carried out by the Mining owners at the point of time.
24. They have filed further report wherein they found that there was excess mining and certain penalties were directed to be paid, for excess mining and also for removal of quarry material without obtaining transport permit etc. They also assessed a total compensation of Rs.71,60,000/- for conducting the quarry without obtaining consent to operate and Environmental Clearance, applying the formula evolved by Central Pollution Control Board namely Environmental Clearance EC = N X PA x S x LF x R (80 x 716 x 250 x 0.5 x 1).
25. The objection of the Applicant was also considered by the Joint Committee and they have given a report which answered the objections raised by the Applicant.
26. There is nothing to show that the Joint Committee has not properly considered the aspects. Since the authorities have already taken action against the respondents 1 and 2 for the violations including the alleged excess mining and it is seen from the reply submitted by the Respondents Page 31 of 36 1 and 2 that against the penalty imposed by the Mining Department, a revision petition is pending before the Government and the Respondents 1 and 2 have filed their objection stating that they are prepared to deposit Environmental Compensation but they wanted only Instalment facility, we feel that the application can be disposed of with the following directions:-
a. Since the State Pollution Control Board as well as the Mining Department have already initiated proceedings, the proceedings for the alleged excess mining and recovery of penalty for the excess mining and a revision is pending against the same and the State Pollution Control Board also issued closure orders and Respondents 1 and 2 are not now carrying on the mining activity, there is no necessity to issue any further directions in this regard.
b. The authority before whom the revision is said to have been filed by Respondents No. 1 and 2 and pending is directed to consider the Revision Petition filed by Respondents 1 and 2 against the penalty and other amounts imposed for the alleged excess mining by the Mining Department as expeditiously possible in accordance with law and if there is any adverse orders passed, then Respondents 1 and 2 are at liberty to challenge the same before the appropriate forum.
c. We confirm the Environmental compensation of Rs.71,60,000/-
(Rupees Seventy One Lakh and Sixty Thousand only) assessed by the Committee for violation of conducting the Page 32 of 36 quarry without obtaining Environmental Clearance (EC) and Consent to Operate and direct the Respondents No.1 and 2 to pay the amount within a period of six months, in three bi-
monthly instalments.
d. If the amount is not paid as directed, then the State Pollution Control Board is directed to recover the amount through the District Collector by initiating revenue recovery proceedings.
e. Respondents No. 1 and 2 are directed not to start the quarry operation, without obtaining the Environment Clearance (EC) as required under the EIA Notification 2006, Consent to Establish and Consent to Operate under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act1, 1981 and also after complying with the recommendations made by the Joint Committee after obtaining other permissions required under concerned laws.
f. The State Pollution Control Board is directed to inspect the unit of Respondents No. 1 and 2 periodically and if any violation is found, then take action against them in accordance with law.
g. The right of the applicant to approach this Tribunal in future, if any violation committed or pollution is caused on account of the activities of Respondents No.1 to 2 is left open.
27. The points are answered accordingly.Page 33 of 36
28. So, the application is allowed in part and disposed of with the following directions:-
(i) Since the State Pollution Control Board as well as the Mining Department have already initiated proceedings, the proceedings for the alleged excess mining and recovery of penalty for the excess mining and a revision is pending against the same and the State Pollution Control Board also issued closure orders and Respondents 1 and 2 are not now carrying on the mining activity, there is no necessity to issue any further directions in this regard.
(ii) The authority before whom the revision is said to have been filed by Respondents No. 1 and 2 and pending is directed to consider the Revision Petition filed by Respondents 1 and 2 against the penalty and other amounts imposed for the alleged excess mining by the Mining Department as expeditiously possible in accordance with law and if there is any adverse orders passed, then Respondents 1 and 2 are at liberty to challenge the same before the appropriate forum.
(iii) We confirm the Environmental compensation of Rs.71,60,000/- (Rupees Seventy One Lakh and Sixty Thousand only) assessed by the Committee for violation of conducting the quarry without obtaining Environmental Clearance (EC) and Consent to Operate and direct the Page 34 of 36 Respondents No.1 and 2 to pay the amount within a period of six months, in three bi-monthly instalments.
(iv) If the amount is not paid as directed, then the State Pollution Control Board is directed to recover the amount through the District Collector by initiating revenue recovery proceedings.
(v) Respondents No. 1 and 2 are directed not to start the quarry operation, without obtaining the Environment Clearance (EC) as required under the EIA Notification 2006, Consent to Establish and Consent to Operate under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act1, 1981 and also after complying with the recommendations made by the Joint Committee after obtaining other permissions required under concerned laws.
(vi) The State Pollution Control Board is directed to inspect the unit of Respondents No. 1 and 2 periodically and if any violation is found, then take action against them in accordance with law.
(vii) The right of the applicant to approach this Tribunal in future, if any violation committed or pollution is caused on account of the activities of Respondents No.1 to 2 is left open.Page 35 of 36
(viii) Considering the circumstances, parties are directed to bear their respective costs in the application.
(ix) The Registry is directed to communicate this order to the District Collector - Medchal - Malkajgiri District, Director
- Department of Mines and Geology, Telangana State Pollution Control Board and the Principal Secretary for Environment and Industries, State of Telangana for their information and compliance of directions.
29. 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.42/2019 (SZ) 26th April 2022. SE.
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