National Green Tribunal
Mr Sanjay Vishwanathrao Bhegade vs State Of Maharashtra on 6 February, 2023
Item No.1 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
ORIGINAL APPLICATION NO.88 OF 2022 (WZ)
Sanjay (Bala) Vishwanathrao Bhegade .... Applicant
Versus
The State of Maharashtra and others ....Respondents
Date of hearing: 06.02.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Harshavardhan R. Bhende, Advocate
Respondents : Mr. Nitin Deshpande, Advocate for R-1 and R-2
ORDER
1. From the side of the applicant, learned counsel Mr. Harshavardhan Bhende has appeared while on behalf of respondent Nos.1 and 2 i.e. the State and District Collector, Pune, respectively, learned counsel Mr. Nitin Deshpande has appeared.
2. By our order dated 10.10.2022, we had directed the District Collector, Pune - respondent No.2 to submit a report as to whether respondent Nos.4 to 13 were indulging in illegal stone mining activity beyond the permissible limit. In response to the said order, today learned counsel Mr. Nitin Deshpande has appeared on behalf of respondent Nos.1 and 2 and states that the reply affidavit has been filed wherein it is submitted that the SEIAA has granted Environmental Clearance (EC) to all the private respondents and copy of the same is annexed as EXHIBIT R-2.
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3. It is further submitted in the reply-affidavit that after scrutinizing the application, the Collector, Pune, in exercise of powers conferred under Rule 14(1) and 14(2) of the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013, granted quarry lease for extraction of dabbar, which are annexed at EXHIBIT R-3 to EXHIBIT R-16 to the reply-affidavit. We, however, find that some of them appear to be mining leases while some appear to be temporary permits. Further it is found that the period of permission is varying from 6 months to 5 years. Therefore, we want respondent No.2 to submit a tabular chart with respect to the private respondents clarifying therein the period for which they have been granted lease/temporary permit specifically, the area granted for the same and also the quantity so as to ascertain as to whether any violation has been committed by them or not.
4. Further in the said affidavit, it is submitted that earlier a complaint dated 03.08.2021 was received from the applicant by the Resident Deputy Collector (RDC) on 17.08.2021 whereupon the RDC had acted upon. On the said complaint, the Sub-Divisional Officer, Maval-Mulshi was directed to carry out enquiry. He, in turn, directed the Tahsildar, Maval to submit report after conducting the enqiiry. The Tahsildar, in turn, vide letter dated 24.09.2021, directed the Deputy Superintendent of Land Records to carry out measurements in the concerned gat numbers but no action was taken at his end. Thereafter, the Tahsildar appointed his own staff for carrying out the measurement of the extracted minerals with the help of private agency namely M/s Raviraj Engineers Pvt. Ltd., Kothrud, Pune and a report was submitted on 08.02.2022, which is annexed as EXHIBIT R-20.
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5. We find, after perusal of EXHIBIT R-20 that there are ten names mentioned in the tabular chart showing the quantity in brass which has been extracted, but these names do not match with the names of the respondents in the present Original Application. Therefore, respondent No.2 is directed to clarify in this regard as to how these quantities of minor minerals relate to the present respondents.
6. Further it is mentioned in this affidavit that those land owners who were found to have paid less royalty than required for the extracted quantity of minerals, notice was issued to them for payment of the arrears of royalty, which is annexed as EXHIBIT R-21, but again the names mentioned in the same do not match with the respondents mentioned in the present Original Application, which needs to be clarified by respondent No.2.
7. It is further mentioned in the affidavit that in compliance of this Tribunal's order dated 10.10.2022, once again the measurement of extracted minerals has been carried out during the period between 09.11.2022 and 12.11.2022 through Dy. Superintendent of Land Records, Maval along with the private agency. The report is annexed as EXHIBIT R-24. From the survey map, it is not possible for us to make out as to whether the private respondents have exceeded the area while mining activity was being conducted by them. Therefore, respondent No.2 is required to clarify in tabular form as to what was the area within which the quarry permission was granted and whether the same has been exceeded, separately with respect to the private respondents.
8. In the affidavit filed on behalf of respondent No.2, a letter has also been annexed, which is written by the Tahsildar, Maval addressed to the Sub-Divisional Officer, Maval, which contains the details of the excess [NPJ] Page 3 of 6 minor minerals which have been quarried and recovery process for the same is reported to be going on. It is further mentioned in it that it has been found that some of the lease holders/permit holders have extracted more quantity of dabbar than the royalty paid for it. Therefore, the Tahsildar has issued notices under Section 47(8) of the Maharashtra Land Revenue Code (MLRC), 1966 and that after completion of enquiry, necessary action will be initiated in accordance with law. These notices have been annexed as EXHIBIT R-27. We are, however, unable to match the names to whom these notices have been issued with the present respondents. Therefore, respondent No.2 shall make clarification in this regard.
9. We find that the applicant has prayed that respondent Nos.1 to 3 namely State of Maharashtra, District Collector, Pune and Maharashtra Pollution Control Board, respectively be directed to take appropriate cognizance of the intimations provided by the applicant and investigate the illegal mining activities being carried out. When we made a pointed query to the learned counsel for the applicant as to what these intimations were, the cognizance of which is prayed to be taken by respondent nos.1 to 3, our attention was drawn to page Nos.57A and 57B, which is a letter written by the applicant addressed to the District Collector, Pune regarding illegal excavation in Maval Tahsil wherein it is mentioned that the stone mining is being done in Maval Tahsil which is leading to air pollution, destroying the biodiversity as it is being done through illegal blasting and the gat numbers have also been mentioned therein. The reminder of the said letter is at pages 64A to 64D of the paper-book. After that, we made a query to the learned counsel for the applicant as to what does he mean by the pleading that the stone mining is being done which is leading to air pollution, destroying the biodiversity [NPJ] Page 4 of 6 as it is being done through illegal blasting, he drew our attention to para (IV) of the pleadings wherein it is submitted that without proper due diligence and/or receiving proper sanctions from the appropriate authorities, illegal activity of mining is being done fraudulently bypassing the rule of law, which includes activities of blasting using explosives, which has resulted in hampering the ecological balance and damaging the topography in the area due to the noise, air and soil pollution on the properties which are closely located near water-bodies.
10. We made a pointed query to the learned counsel for the applicant as to which provision is being violated, from which Authority sanctions are required which have not been obtained, why he has not made distinction between quarry lease and permits because law related to these two aspects is totally different, he submits that he may be allowed to file additional affidavit to clarify in this regard. By way of last opportunity, we grant him two weeks' time to elaborate on these points so that we can ascertain as to whether in the light of which provision, the illegality has been committed.
11. Since we had desired from respondent No.2 - District Collector, Pune as to whether respondent Nos.4 to 13 were indulging in stone mining activity beyond the permissible limit, but we find that information given in the affidavit filed before us, does not contain the same. Respondent No.2 was supposed to clarify the gat numbers of the respondents, area of mining approved as per EC and actual area, approved quantity of mining and actual quantity extracted by the private respondent Nos.4 to 13 and whether there is quarry/mining lease or temporary permit and if there is quarry lease, what is the actual quantity as per survey. We, therefore, direct respondent No.2 to give in tabular form this detailed information so as to facilitate us in ascertaining the [NPJ] Page 5 of 6 violation and arrive at a right conclusion. This we expect to be done within two weeks.
12. The learned counsel for respondent No.2 states that he has not been provided the set of additional documents which has been filed by the applicant. We direct the learned counsel for the applicant to provide those documents today itself by e-mail to the learned counsel for respondent No.2.
13. Put up this matter on 20.03.2023.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM February 6, 2023 O.A. No.07/2023 (WZ) npj [NPJ] Page 6 of 6