National Green Tribunal
Anupam Kumar Patel vs State Of Madhya Pradesh Through Its ... on 4 October, 2024
Item No. 04 & 05
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 27/2023(CZ)
(I.A. No. 107/2024)
Anupam Kumar Patel Applicant
Vs.
State of M. P. & Ors. Respondent
WITH
Original Application No. 61/2023(CZ)
(I.A. No. 21/2024)
(O.A.No.166/2023 - PB)
Anupam Kumar Patel Applicant
Vs.
State of MP & Ors. Respondent
Date of Hearing: 04.10.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER
For Applicant(s): Mr. Dharamvir Sharma, Adv.
For Respondent(s) : Mr. Om Shankar Shrivastava, Adv.
Mr. Mehul Bhardwaj, Adv.
Ms. Parul Bhadoria, Adv.
Mr. Yadvendra Yadav, Adv.
ORDER
1. Both the matters are connected matters, thus taken up together and are being decided by the common order.
1O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
2. Original Application No. 61/2023 was taken by the Principal Bench of this Tribunal on the basis of a letter petition in which there was a allegation against the Astha Stone Crusher at village Bhaluha, Tehsil Raipur-
Karchuliyan, District Rewa with the allegation of illegal mining causing heavy pollution and damaging the environment as also the health of local residents. Later on in other Original Application No. 27/2023 was filed against the same stone crusher with the same allegations thus, both the cases are taken up together. The matter of first Original Application was taken up by this Tribunal and a committee was constituted to submit a factual and action taken report. The first committee has submitted the report with certain observation and that the project proponent M/s Astha Stone Mining has not taken consent from the State Pollution Control Board since 2009 to 2015 and thus environmental compensation is required to be imposed. It is further reported that the mining area is located within 200 meter of the religious temple and there are other certain violations. The Tribunal again took the matter and constituted a committee and directed to submit the report.
3. In compliance of the order dated 11.08.2023 the committee has submitted the report on 02.11.2023 with the following facts:
"In compliance of the directions issued by the above order dated 11th August, 2023, a committee comprising of following nominated members was constituted:
S. Name of Department Name of Committee No. Member
1. Representative of Regional Dr. H.V.C. Chary Guntupalli, Office, MoEF&CC, Bhopal (MP) Scientist 'E'/Additional Director
2. Representative of Collector, Sh. Shailendra Singh Rewa, (MP) Additional District Magistrate, Rewa, M.P. 2 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
3. Madhya Pradesh Pollution Control Dr.Pushpendra Singh, Board, Rewa, (MP) Regional Officer
4. Madhya Pradesh Pollution Control Sh. AadeshShrivastav Board, Bhopal. (MP) Superintendent Engineer
5. Central Pollution Control Board, Sh. Milind Kumar Nimje Regional Directorate, Bhopal, (MP) Scientist 'C' Copies of the nominations received from different departments are enclosed. CPCB being the Nodal Agency in this matter, coordinated with all the concerned departments and after preliminary discussions, it was decided to schedule the site visit on 31.08.2023. Accordingly, a letter dated 25.08.2023 was issued to all the committee members and the applicant Shri Anupam Kumar Patel intimating the date of site visit. On the day of the visit, all Committee Members and other stakeholders were present and it is pertinent to mention that the complainant was also present during the said visit.
Therefore, the details of officials and applicant/petitioner present during the site visit to Stone Crusher and adjoining mines on 31.08.2023 are as follows:
i. Dr. H.V.C. Chary, Scientist 'E' MoEF&CC, RO, Bhopal (MP) ii. Sh. Shailendra Singh, Additional District Magistrate, Rewa (M.P.) iii. Sh. Milind Kumar Nimje, Scientist-C, CPCB, Regional Directorate, Bhopal (M.P.) iv. Sh. Aadesh Shrivastava, Superintendent Engineer, MPPCB, Bhopal v. Dr. Pushpendra Singh, Regional Officer M.P. Pollution Control Board Rewa (M.P.) vi. Sh. P.S. Tripathi, Sub Divisional Magistrate, Rapur Karchuryan Distt: Rewa vii. Sh. R. K. Dixit, Mining Officer, Rewa viii. Sh. Roolal Uikey, Tahsildar, Raipur -Karchuryan Distt:3
O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
Rewa ix. Dr. Ashok Tiwari, Junior Scientist, MPPCB, Rewa x. Sh. Anupam Kumar Patel, Applicant/Petitioner xi. Sh. Santosh Sharma, M/s. Astha stone Crusher, Bhalua-
Ramanai This report is being filed by the aforementioned Joint Committee after conducting the field visit on 31st of August, 2023, looking into the issues raised by the Complainant and after due discussions with local stakeholders.
A. Background and Specific Issues in this matter:-
1. The applicant has mainly alleged that there is a stone crusher namely 'Astha Stone Crusher' operating illegally at village Bhalua, Tehsil Raipur Karchuliyan District Rewa, state of Madhya Pradesh, causing heavy pollution and damaging environment.
2. The Complaint and subsequent judgements have highlighted the following concerns :
Complaint Issues Raised Complaint Letter Petition 1. Illegal operation of M/s Astha dated20.10.2022 with reference to Stone Crusher at Village Bhaluha, M/s Astha Stone Crusher, Village Tehsil Raipur- Karchuliyan Bhaluha, Tehsil Raipur-Karchuliyan District-Rewa, M.P. located in District-Rewa, M.P. agricultural land within thickly populated area, running for the last 11 years in violation of environmental norms causing pollution and serious health hazards to local residents and 4 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
damage to natural environment.
2. The said crusher had obtained lease dated 08.10.2021 by Mining Department but prior to this illegal mining of Bhaluha pahadi was carried out on 5 acre flat land of pahadi converting it totally a mine. The pahadi is a religious significance, is now on the verge of extinction due to illegal mining activities.
B. Factual Observations:-
The details of all mines and crushers associated with M/s. Astha Stone crusher along with the regulatory approvals obtained by them are tabulated at Table -1 below:
S. Name & Name of Area Status of Status of Production No. Address of lease CTE/CTO EC Capacity Crusher/ holder & sanctioned Mine Khasra No.
1. M/s. Astha Shri 0.060 • Proponent Not 10000 Constructio Santosh Hectare applied for Applicabl MT/Year n& Sharma CTO vide e Minerals (Stone letter dated (M/s Astha Crusher) 10.08.2010 Stone Khasra No. and initial Crusher), 224/1 CTO Khasra obtained No.224/1 from rakwa, MPPCB Village vide letter Ramnai, dated Tehsil- 02.11.2010 Raipur and is valid Karchuliyan for one 5 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
, year from
District- the first
Rewa, M.P. day of the
month
commence
ment of
production.
Application
for CTO
renewal
made vide
letter dated
11.11.
2013.rene
wal issued
by MPPCB
vide letter
dated
03.04.2014
for the
period
01.02.20
12 to
31.01.2015
(under Air
Act).
• Application
for CTO
renewal
made vide
letter dated
27.09.2022
.CTO
renewal
issued by
MPPCB
vide letter
dated
11.11.2022
for the
period from
11.11.2022 to 31.01.2025 (under Air &
Copies of all
CTOs are
attached
6
O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
2. M/s Astha (a) Shri 5.0 Acre • Application - 10000
Constructio Santosh for CTO MT/Year
n& Sharma submitted on manual
Minerals Khasra No. 18.07.2008, mining
(Mine), 310 Initial CTO
obtained
from MPPCB
vide letter
dated
14.08.2008
for the
period from
14.08.2008
to
31.01.200
• Application
for renewal
of consent
submitted on
11.11.2013
and the
consent to
operate
granted by
MPPCB vide
letter dated
03.04.2014
for the
period from
01.02.2012
to
31.01.2013
EC Issued
on
06.04.2023
(b) Khasra 1.0 Ha 6.04.2023
No. (Principle NO 4241
224/1kha/1, sanction Cum/Year
224/1kha/3, date
224/1kha/4, 08.10.202
224/1kha/6, 1 & Valid
224/1kha/7, date
224/1kha/1 07.10.2031
1
M/s Astha Cons. & Minerals (Stone Crusher):
During the field visit of Joint Committee on 31stAugust 2023, it was observed that stone crusher was found closed. The said stone crusher was sealed on 04.07.2023 by the SDM, Raipur- Karchuliyan.
Following are the specific observations during visit:
a) M/s Astha Cons. & Minerals (Stone Crusher) had 7 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
obtained the first Consent to Operate from Madhya Pradesh State Pollution Control Board vide letter dated 02.11.2010 and is valid for one year from the first day of the month of commencement of production. The Consent to Operate was subsequently renewed vide letter dated 03.04.2014 for the period 01.02.2012 to 31.01.2015 for three years. Again the consent to Operate was renewed vide letter dated 11.11.2022 for the period from 11.11.2022 to 31.01.2025.
b) It was noted that M/s Astha Stone Crusher is situated at village Ramnai not village Bhaluha Tehsil Raipur- Karchuliyan Distt. Rewa. As per order dated 09.07.2007,lease holder Shri Santosh Sharma has been directed to pay Rs. 4500/- as premium for the diverted land (i.e., the land on which the crusher was located) of 0.060 ha from agriculture to non-agriculture use. Copy of relevant document related with payment of premium for the diverted land on which crusher was located is attached. Crusher is away from 200 meter from abadi and 600 meter away from Maa Karmasan Devi Temple. Also, the said stone crusher was granted Letter of Intent (LOI) for 10 years for mining of 1.0 hectare area at Village Ramnai, Tehsil- Raipur Karchuliyan, District-Rewa, M.P. in the khasra number:224/1(kha)1, 224/1(kha)3, 224/1(kha)4, 224/1(kha)6, 224/1(kha)7 and 224/1(kha)11 respectively but bhupravesh was not issued by the Mining Department, Rewa to lease holder. LOI dated 08.10.2021 granted by Collector office (Department of mines) for the 1 ha stone mine is enclosed
c) Based on the site inspection undertaken on 15.04.2023 and 09.05.2023, MPPCB vide letter dated 12.05.2023 issued closure direction to M/s Astha Construction & Minerals (Stone Crusher) for failure to comply with various pollution control measures and 8 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
mining provisions, the details of which are mentioned below:
i. No water sprinkling arrangement during the operation of crusher ii. No permission for stocking of stone.
iii. Not obtaining consent for the mine M/s Astha Cons. & Minerals (Mines)- 5 acre lease area:
During the site visit of Joint Committee on 31stAugust 2023, it was observed that the 5 acre mine was non-operational. Following are the specific observations w.r.t. said 5 acre mine lease area:
a) The lease was allotted to Shri Santosh Sharma, at village Bhaluha, khasra no. 310 rakwa5.00 acre area by the Department of Mines, Rewa on19.12.2003 for a period of 05 years, i.e., 19.12.2008. The said lease was further renewed on 01.06.2010 for further 05 years (i.e., up to 31.05.2015) based on the request from Shri Santosh Sharma vide letter dated 09.01.2008.
b) It was noted that the first Consent to Operate was obtained from Madhya Pradesh Pollution Control Board vide letter dated 14.08.2008 for the period from 14.08.2008 to 31.01.2009. The Consent was renewed vide letter dated 03.04.2014 for the period of three years, i..e, from 01.02.2012 to 31.01.2015.
c) As per the records furnished by the Collector office (Mining Department, District Rewa), the said mine was operational during the period 10.01.2004 to 09.01.2009 and 24.07.2010 to 23.07.2015
d) Production details from the said mine lease area as furnished by the local mining department are tabulated below :
9O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
S.No. Year Production in m3
1 2010 1000
2 2011 250
3 2012 1050
4 2013 1398
5 2014 500
6 2015 0
Total 4198
M/s Astha Cons. & Minerals (Mines)- 1 ha lease area:
During the site visit of Joint Committee on 31stAugust 2023, it was observed that the 1 ha mine was non-operational. Following are the specific observations w.r.t. said 1 ha mine lease area:
a) The mining lease was granted to Shri Santosh Sharma at village Ramnai, Tehsil-Raipur Karchuliyan, Distt-
Rewa at Khasra no. 224/1(kha)1, 224/1(kha)3, 224/1(kha)4, 224/1(kha)6, 224/1(kha)7 and 224/1(kha)11rakwa area for 01.00 hectare.
b) After scrutiny of office records, a case of illegal mining was registered against Shri Santosh Sharma and a fine of Rs. 1.00 lac was imposed. Accordingly, an amount of Rs. 1.00 lakh was deposited by Shri Santosh Sharma through Challan dated 08.04.2019.
c) Based on the application dated 15.03.2021 of Shri Santosh Sharma, fresh lease was granted for khasra no.224/1(kha)1, 224/1(kha)3, 224/1(kha)4, 224/1(kha)6, 224/1(kha)7 and 224/1(kha)11 rakwa area 01.00 hectare by Mining Department, Distt. Rewa vide letter dated 16.05.2023, from 16.05.2023 for a period of 10 years.
d) Accordingly, M/s Astha Cons. & Minerals (Mines) obtained a fresh EC from SEIAA vide letter 10 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
dated06.04.2023
e) As per the office records available at MOEFCC, RO Bhopal, the project proponent has not submitted any six-monthly compliance report. Moreover, the initial documentation like intimation to gram panchayat, advertisement in newspapers regarding grant of environmental clearance in compliance of the conditions stipulated in the environment clearance dated 06.04.2023 are yet to be submitted.
f) Till date Bhu-pravesh has not been granted by district Administration. Hence, no mining was permissible for the project proponent in the said lease area even after the grant of EC.
g) Sapling plantation (approx. 40-50 nos.) was seen recently undertaken within the lease boundary and in the crusher area and the same needs to be further strengthened.
M/s Maa Narmada DhokaPatthar, Patiya, Murum Gitty, Utkhanan Karya Vikraya Sahkari Samiti, Ramnai, Distt Rewa • The lease area with Khasra No. 310/1 (1 ha) was allotted to M/s Maa Narmada Dhoka Patthar, Patiya, Murum Gitty, Utkhanan Karya Vikraya Sahkari Samiti, Ramnai, Distt Rewa at village Bhalua, Tehsil Raipur Karchuliyan, District Rewa, for the period of 27.03.2023 to 26.03.2033.
• M/s Maa Narmada Dhoka Patthar, Patiya, Murum Gitty, Utkhanan Karya Vikraya Sahkari Samiti, Ramnai, Distt-Rewa at village Bhaluha, Tehsil Raipur Karchuliyan, District Rewa, obtained EC from SEIAA on 10.01.2023.
• The firm obtained the Consent to establish order from Madhya Pradesh State Pollution Control Board 11 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
on 28.02.2003 • As the office records available at MOEFCC, RO Bhopal, the project proponent has not submitted any six-monthly compliance report. Moreover, the initial documentation like intimation to gram panchayat, advertisement in news papers regarding grant of environmental clearance in compliance of the conditions stipulated in the environment clearance dated 10.01.2023 are yet to be submitted.
• Till date Bhu pravesh has not been granted by district Administration. Hence, no mining was permissible by the project proponent in the said lease area even after the grant of EC.
• No greenbelt was seen in the mine lease area.u B.5 Other illegal mining related activities in the surrounding area:
During the site visit, the officials of the Mines, Distt. Rewa has informed that the local people are also digging the copra material (in small amounts) from the mines for their local construction use and the same observation was made by the joint committee as well. Besides, the above said mining activities, the joint committee also observed huge mine pits around the hillock and on top of the hillock and it was informed by the mining department that the material mined out was used for construction of highway. However, no regulatory permissions / documentation provided by the local mining authorities in support of the material mined out.
C. Action taken by various departments:
As per the records of MPPCB and District Mining Office, Rewa, following actions have been taken by various departments:12
O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
a. MPPCB vide letter dated 12.05.2023 issued Closure direction to M/s Astha Construction & Minerals (Stone Crusher) for non-compliance with pollution control measures.
b. The details of sanctioned / operational mine leases allocated in the village Ramnai and village Bhaluha along with details of action taken against illegal mining, transportation and storage of mineral in the area were provided by the Department of Mines, Distt. Rewa in the letter dated 07.07.2023 addressed to MPPCB.
c. Action against various mine lease holders in the area:-
i. Department of Mines, Rewa, M.P. had issued a Show Cause notice vide letter no. 1693 dated 26.05.2023 to Shri Santosh Sharma at village Ramnai Tehsil Raipur Karchuliyan Distt. Rewa at khasra No. 224/1 (kha)/1, 224/1 (kha)/3, 224/1 (kha)/4, 224/1 (kha)/6, 224/1 (kha)/7, 224/1(kha)/11for violation of various general conditions.
However, the leaseholder not responded against this Show Cause notice issued by Department of Mines, Rewa, M.P. Accordingly, Department of Mines, Rewa, M.P. issued a lease cancellation order on 09.08.2023.
ii. The lease area with Khasra No. 310/1 (1 ha) was allotted to M/s Maa Narmada DhokaPatthar, Patiya, Murum Gitty, Utkhanan Karya Vikraya Sahkari Samiti, Ramnai, Distt Rewaat village Bhalua, Tehsil Raipur Karchuliyan, District Rewa, for the period of 27.03.2023 to 26.03.2033 M/s Maa 13 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
Narmada Dhoka Patthar, Patiya, Murum Gitty, Utkhanan Karya Vikraya Sahkari Samiti, Ramnai, Distt-Rewa at village Bhaluha, Tehsil Raipur- Karchuliyan, District Rewa, obtained EC from SEIAA on 10.01.2023. The firm obtained the Consent to establish order from Madhya Pradesh State Pollution Control Board on 28.02.2003. As the said leaseholder has not complied with various general terms and condition of lease, the Department of Mines, Rewa, M.P. had issued a Show Cause notice vide letter no.
2016 dated 14.06.2023 for violation of general terms &condition to M/s. Maa Narmada Dhoka Patthar. However, the lease holder not responded against the said Show Cause notice. Accordingly, Department of Mines, Rewa, M.P. issued a lease cancellation order on 09.08.2023.
iii. For the conservation and rejuvenation of hills located at village Ramnai & village Bhaluha, Tehsil- Raipur, Karchuliyan, Distt.-Rewa, M.P.the Department of Mines, District Rewa, M.P., vide letter no. 2914 dated 25.08.2023 had issued the following direction as given below:-
➢ Conservation and rejuvenation of hills located at village Ramnai & village Bhaluha, Tehsil- Raipur, Karchuliyan, Distt.-Rewa, M.P. ➢ To ensure demarcation of private land for encroachment-free land.
➢ Obstruction of the kaccha rasta to prevent unnecessary movement in the 14 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
hill area.
➢ Plantations of local species for the development of adequate green belts.
D Assessment of Environmental Compensation:-
The penalty for non-compliance of the consent conditions and illegal activities by the M/s. Astha Stone crusher and its associated mines in the area is calculated as per the details mentioned below:
The Environmental compensation is based on the EC policy framed by the CPCB in compliance of order 31.08.2018 in O.A. 593/2017.
The joint committee based on its understanding has amount to be imposed as penalty on non- compliance of the consent conditions/ show cause notices.
The particulars defined under penalty formula are below for the area under concern i.e. stone crushers, Raipur- Karchuliyan Distt: Rewa EC = Pi x N x R x S x Lf Pollution Index for crushers:
80@ (Red Category) N= Number of Days Non-compliance period: The first day when consent was invalid to the last updated status on compliance R (Rupees) :Rs. 250 S (Scale of Operation): Factor for scale of operation: 0.5 Varied based on the consented capacity@ (@ Scale of operation of stone crusher was taken as defined in CPCB) comprehensive Industry Document 15 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
Series COINDS/78/2007-08 on Stone Crusher (Feb 2009) Small scale : 3-25 TPH (factor for scale of operation is : 0.5) Medium Scale : 25-100 TPH (factor for scale of operation is :
1.0) Large scale : 100 TPH (factor for scale of operation is : 1.5) The daily hours of operation of a stone crusher were taken = 10 hrs. LF (Location Factor): 1.0 (based on the population of the city/town as per the census of India falls under less than 1 Million population) Nearby city Rewa population is 2.37 lakhs (2011 census) Total Days of operation in a year were taken = 225 days@ 19 days per month (Note : The days of non-compliance were calculated based on maximum 225 operational days in a year).
A. The Environmental Compensation days calculation of noncompliance of M/s. Astha Stone Crusher.
S. Name of the 1st Day Last day of Total Remark
N stone crusher violation Reported Number of
o. observed Status days of
non-
compliance
1 M/s Astha Cons. 01.02.2015 01.02.2022 1575 ---- Annexure
& Minerals (Stone - EC-I
02.02.2022 02.11.2022 171
Crusher),
at Village Ramnai, 03.11.2022 10.11.2022 08
Tehsil-Raipur
Karchuliyan, Annexure -
District-Rewa, M.P 15.04.2023 15.06.2023 38 ----
EC-II
Proprietor Sh.
16.06.2023 04.07.2023 09
Santosh Kumar Operating
Sharma, 1801 Days Stone
Crusher
Without CTO
of MPPCB,
Rewa
The unit had seized by SDM , Raipur Karchuliyan on 04.07.2023 16 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
Note: - 1. The date of CTO expired was consider as a first day violation observed. The last day of violation action taken by Sub Divisional Magistrate, Raipur Karchuliyan was considered.
A-1. The calculated Environmental Compensation is as tabulated below:
The Environmental Compensation liable to be paid by M/s Astha Cons. & Minerals (Stone Crusher) is calculated as under :-
S. Name of the Environmental Compensation Total EC in No. stone crusher factors Rs.
PI N R S LF
1. M/s Astha Cons. 80 1801 250 0.5 1.0 1,80,10000/-
& Minerals (Stone
Crusher), at
Village Ramnai,
Tehsil- Raipur-
Karchuliyan,
District-Rewa, M.P
Proprietor Sh.
Santosh
Kumar Sharma,
B. The Environmental Compensation days calculation of non- compliance of M/s Astha Cons. & Minerals (Mines- 5.0 acres) Name of the stone 1st Day Last day of Total Remark Mines violation Reported Number of observed Status days of non-
compliance
M/s Astha Cons. & 01.02.2009 31.01.2012 1065 Annexure
Minerals (Mines), 203 -
5.0 acres at Village 01.02.2015 23.07.2015 ----------------- A5
Ramnai, Tehsil- 1268 Days
Raipur Karchuliyan,
District-Rewa, M.P
Proprietor Sh. Operating
Santosh Mines
Kumar Sharma, Without
CTO of
MPPCB,
Rewa
(Note : The days of non-compliance of mine were calculated based on maximum 365 operational days in a year) 17 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
Note: - 1. The date of CTO expired was consider as a first day violation observed. The last day of violation action taken by Sub Divisional Magistrate, Raipur Karchuliyan was considered.
The calculated Environmental Compensation is as tabulated below:
The Environmental Compensation liable to be paid by M/s Astha Constructions. & Minerals (Mines) 5.0 acres, is calculated as under :-
Name of the stone Environmental Compensation Total EC in
Mines factors Rs.
PI N R S LF
M/s. Astha 80 1268 250 1.0 1.0 2,53,60000/-
Construction & Mineral
evam Mines ( 5.0 acres)
Proprietor of Sh.
Santosh Kumar
Sharma, Gram & Post:
Bhalua- Ramnai Tehsil:
Raipur Karchliyan
Distt:
Rewa
(Medium Scale : 25-100 TPH (factor for scale of operation is : 1.0) A. The Environmental Compensation days calculation of non- compliance ofM/s Astha Cons. & Minerals (Mines- 1.0 ha) is furnished below:
Name of the stone 1st Day Last day of Total Number Remark
Mines violation Reported of
observed Status days of non-
compliance
M/s Astha Cons. & 24.07.2015 04.07.2023 2903 Mines
Minerals (Mines), operating
1.0 ha. at Village without CTO
Ramnai, Tehsil- of MPPCB,
Raipur- ----------------- Rewa
Karchuliyan, 2903 Days
District-Rewa, M.P
Proprietor Sh.
Santosh Sharma,
(Note : The days of non-compliance of mine were calculated based on maximum 365 operational days in a year) The unit had seized by SDM , Raipur- Karchuliyan on 04.07.2023 Note: - 1. The date of CTO expired was consider as a first day violation observed. The last day of violation action taken by Sub Divisional Magistrate, Raipur Karchuliyan was considered.18
O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. C-1. The calculated Environmental Compensation is as tabulated below:
The Environmental Compensation liable to be paid by M/s Astha Constructions. & Minerals (Mines) 1.0 ha. is calculated as under :-
S. Name of the stone Mines Environmental Compensation factors Total EC in No. PI N R S LF Rs.
1. M/s Astha Cons. & Minerals 80 2903 250 1.0 1.0 5,80,60,000/-
(Mines), 1.0 ha.
at Village Ramnai, Tehsil-
Raipur- Karchuliyan,
District-Rewa, M.P
Proprietor Sh. Santosh
Sharma,
(Medium Scale : 25-100 TPH (factor for scale of operation is : 1.0) D Recommendation:
1. Based on the calculations made at Bullet point A-1,B-1 & C-1, it is proposed to impose an Environmental Compensation amount for non-complying with the regulatory norms as tabulated below:
S. No. Name of th Stone Total EC in Rs.
Crusher/Mines e
1 M/s Astha Cons. & Minerals 1,80,10000/-
(Stone Crusher)
d.2 M/s Astha Cons. & Minerals 2,53,60000/-
(Mines)-5.0Acre (2.0 hectare)
3 M/s Astha Cons. & Minerals 5,80,60,000/-
(Mines)-1.0 hectare
Further, it was noted that the mining lease area of 5 acres under the purview of Shri Santosh Sharma was valid upto 31.05.2015.Further, fresh lease was granted for khasra no.224/1(kha)1, 224/1(kha)3, 224/1(kha)4, 224/1(kha)6, 224/1(kha)7 and 224/1(kha)11 rakwa area 01.00 hectare by Mining Department, Distt. Rewa vide letter dated 16.05.2023, from 16.05.2023 for a period of 10 years.
However, no bhu pravesh was accorded to Shri Santosh 19 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
Sharma. Thus, there is no operational mine under the direct ownership of Shri Santosh Sharma for the period between 01.06.2015 and 04.07.2023 (i.e., till the date of sealing of stone crusher). Therefore, there is ample scope for Shri Santosh Sharma to illegally mine the adjoining 1 ha lease area during the said period. However, Environment clearance for the 1 ha lease was obtained on 16.04.2023 despite the illegal mining noted by the SEAC in the 627th meeting on 03.03.2023. In view of the observations noted above, it appears that the instant case of 1 ha mine operation actually falls under the violation category of new projects where operations have commenced without EC. Therefore, the EC granted by SEIAA vide letter dated 16.04.2023 needs to be revoked and the case may be considered under violation category as per MoEF&CC's OM dated 7th July, 2021 for imposing penalty and calculation of damage assessment as per the penal provisions reproduced below:
"1% of the total project cost incurred upto the date of filing of the application along with the EIA/EMP report +0.25% of the total turnover during the period of violation"
This penalty shall be in addition to the liability for carrying out various remedial measures, which shall be worked out based on the damage assessment for quantifying the environmental damage caused due to unauthorized project activity as per the appraisal process mentioned as Step 3 of the OM dated 7th July, 2021.
In compliance of the said OM, the quantification of the liablility as per damage assessment needs to be recommended by the Expert Appraisal Committee and finalized by the regulatory authority concerned i.e., M.P. SEIAA Based on the recommendations of the MPSEIAA/SEAC, a bank guarantee (based on the outcome of damage assessment) needs to be submitted by the project proponent to MPPCB in accordance 20 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
with the SOP of MoEF&CC for violation cases dated 21.07.2021.
In compliance of the said OM, the quantification of the liablility as per damage assessment needs to be recommended by the Expert Appraisal Committee and finalized by the regulatory authority concerned i.e., M.P. SEIAA Based on the recommendations of the MPSEIAA/SEAC, a bank guarantee (based on the outcome of damage assessment) needs to be submitted by the project proponent to MPPCB in accordance with the SOP of MoEF&CC for violation cases dated 21.07.2021.
4. Previously, a report was called from the Collector concerned and State PCB.
The observation which was reported are that the M/s Astha Stone Crusher was found non operational at the time of inspection and no plantation was seen by any mine owners. Only two leases were permitted in the said area.
Religious temple is found located at the top of the hill.
5. Notices were also issued to the respondents and Respondent no. 3 has submitted reply that unit called Ramnani Stone Crusher Quarry, M/s Astha Stone Crusher are both part of same and operated by proprietor Santosh Sharma at the same piece of land at Khasra no. 224 village Ramnai Tehsil Raipur Karchuliyan District Rewa.
6. Respondent no. 4 has submitted that the Respondent has not obtained Bhu-parvesh and land till date and not started any activity relating to mining and awaiting the consent to operate. Learned Counsel for the PP has further submitted that against the environmental compensation they have filed the objection which is pending before the State PCB. It is further submitted that assessment was done on the basis of presumptions and without any concrete evidence. The EC which was granted by the SEIAA has 21 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. been reported to be revoked. Learned Counsel for the PP has submitted that Collector, District Rewa, in Task Force Meeting dated 17.08.2023 has declared the aforementioned area of village Bhalua and Ramnai, Tehsil Raipur Karchuliyan, District Rewa as Protected Forest. Thereafter vide letter dated 25.08.2023 to District Forest Officer, Rewa; SDM, Rewa and Regional Office, Madhya Pradesh Pollution Control Board for plantation and monitoring of the Protected Forest Area.
7. Learned Counsel for the State PCB has submitted the details of as follows :-
"The Details of EC and Status of the Consent Vill. Bhaluhal Ramnai Tehsil Huzur Distt. Rewa Table No. 1 Sl. Consent No. Lease Production Consent Letter No. EC Remark Holder Capacity Validity and Date 1 Aastha 10000.00 30.01.2009 2594/ Lease Cons., & 06.04.2023 MT/Year Under Air Act. 14.08.2008 expired Minerals Annexure- Annexure-1 (Mine) Without 10 4241 Consent - Lease Clam/Year Cancel by collector 2 Aastha - 10000.00 31.01.2015 645/ Dismantle Cons. & MT/Year Under Air Act. 03.04.2014 Closer Minerals 31.01.2025 Annexure-2 direction (Stone Under Air/water 15304 issued Crusher) Act. /11.11.2022 dated 12.05.23 & Annexure-3 Withdrawn consent renewal letter dated 12.05.2023 22 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
3 Archana - 8000.00 Consent for one 737, 738 Lease
Mishra MT/Year Year Date of expired
/28.03.2011
Stone commencement
Mine of mining Annexure-
4,5
activity Under
Air/Water Act.
19.01.2021 13810
Under Air /
Water Act. /04.03.2020
Annexure-6
4 Vineeta - 10000.00 31.05.2015 495, 496 Lease
Singh MT/Year Under expired
Stone /22.03.2012
Mine Air/Water Act. Annexure7,8
5 Manish - 2500.00 30.11.2015 3960 Lease
Patel MT/Year Under Air Act. expired
Stone /29.12.2012
Mine . Annexure-9
6 M/s 10.01.2023 9600 CTE 15446 Lease
Narmada Annexure- Cum/Year Cancel by
Dokha 11 Under /28.02.2023 collector
Pathar, Annexure12
Air/Water Act.
Murum,
Gitty,
Pathar
1. That the details of status of Lease holders, lease period, Area status as below (Table 2) The information is received from mining department Annexure -13 The Details of the mines Vill. Bhaluha/Rarnnai Tehsil Huzur Distt.
Rewa
Table No. 2
S.No. Lease Holder Sanctioned Area Village Lease Period
Khasra /Tehsil
1 Ramnai teh.
Rajne Prasad 01.00 02.08,2000 to
224/I/Cha Raipur
Mishra Acre 01.08.2005
Karchuliyan
2 02.90 Ramnai teh, 10.08.2003 to
Lekha Singh 224/1/Kha
Acre Raipur 09.08.2008
Singh 224/1/Kha/2
0.380 He. Karchuliyan
23
O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
3
310
Santosh
224/1Khal1,
Kumar
224/1 Khali,
Sharma 10.01.2004 to
224/1 Kha/6, 05.00 Acre
Bhaluha 09.01.2009 &
224/1Kha/7,
teh. Raipur 24.07.2010 to
224/1Khai1 01.0 He.
Karchuliyan 23.07.2015 10
1,224/1Kha/4 02.0
Year
4 310 02.00
Bhaluhateh.
Archana Acre
Raipur
Mishra 0.810 09.08.2004 to
Karchuliyan
Acre 08.08.2009 &
28.01.2006 to
27.01.2016 &
28.01.2016 to
27.01.2021
5 Vineeta Singh
Ramnai teh.
0.315 25.06.2006 to
224/1/Ga/3 Raipur
Acre 26.06.2015
Karchuliyan
6 Manish Singh 310 2.50 Acre Bhaluha 12.10.2010 to
Patel teh. 11.10.2015
Raipur
Karchuliyan
7 M/s Narmada 310/1 Bhaluha 27.03.2023 to
Doka Pathar, teh. 26.06.2033
01.00 He.
Murum, Gitty, Ralph.
Pathar Karchuliyan
8. Ambient Air Quality Monitoring was done at three locations namely:-
1. The M.P.P.C.B. team was carried out Ambient Air Quality Monitoring at 3 locations namely at Higher Secondary School Raipur Karchuliyan, Maa Karmasan Temple and The said Stone Crusher. Results of the AQM ae as below :-
Date of Monitoring 04.07.2023 Time : 8.30 AM - 3.30 PM Name of GPS Location Distance from Result Village Location Details Stone crusher AAQM Direction (KM) PM10 App.
Ramnai 24.56099 Near main gate Apprx 1.5Kms. 72.18 81.40679 of Govt. High from Astha Stone 24 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
school Crusher in East
Ramnai 24.55729 Near Karmasan Apprx.600 mtrs. 67.58
81.40744 Mandir In South of
Crusher at hill.
Ramnai 24.56033 Astha Stone - 75.54
81.41207 Crusher (near
boundary wall
of Crusher)
2. That, the again the M.P.P.C.B. team was carried out inspection and ambient Air Quality Monitoring dated 22.08.2023 the result of the. AQM are as enclosed. Annexure-15 The said stone crusher has been dismantled.
Date of Monitoring 22.08.2023 Time 10.00 AM -- 06.00 PM Name of GPS Location Distance from Result Village Location Details Stone crusher AAQM Direction (KM) PM10 App.
Ramnai Near main Apprx 1.5Kms. 56.59
24.56099
gate of Govt. from
81.40679
High school Astha Stone
Crusher
Ramnai 24.55729 Near Apprx.600 50.63
81.40744 Karmasan mtrs. in
Mandir South of
Crusher at hill.
Ramnai 24.56033 Astha Stone - 61.00
Crusher
81.41207
(near
boundary
wall of
Crusher)
9. It is further submitted that for violation a complaint has been filed, which is pending before the CJM Court, Rewa. Learned Counsel for the Respondent/PP has submitted that this instant application is barred by the law of limitation and beyond the period of condonation of delay, as provided under Section 14(3) of the National Green Tribunal Act which reads as under:
"14. Tribunal to settle disputes-25
O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
(1) The Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in Schedule 1.
(2) The Tribunal shall hear the disputes arising from the questions referred to in sub-section (1) and settle such disputes and pass order thereon.
(3) No application for adjudication of dispute under this section shall be entertained by the Tribunal unless it is made within a period of six months from the date on which the cause of action for such dispute first arose:
Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days."
10. It is further alleged that allegations of is mining from the year 2015 while this application has been preferred in 2023, which is time barred. Further that notices were issued by the State PCB is general in nature and do not established any guilt of the person. Further contention of the Learned Counsel for the Respondent are that the annexures R7/2 and R7/3 annexed with the reply submitted on behalf of the answering Respondent No. 07 in the Original Application bearing number 27/2023 the certificates provided by the Village Sarpanch and by the Pradhan along with the affidavits of five of the residents of the village establish that for the time duration of 01.02.2015 to 10.11.2022 the crusher machine of the Respondent No. 07 was not functional and no stone crushing business was undertaken during that time.
26O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.
11. That for the transportation of minerals excavated/mined a Transit Pass (T.P.) is issued, it is important to note that since 2015, no fresh transit Pass has been issued to the respondents. That the land in question bearing khasra no. 310 has been leased out to several lessees during the period of alleged illegal mining has taken place and the applicant has targeted the respondent due to their personal vendetta. The possibility of some other project proponent committing the act, if any, cannot be denied. The names of the other lessees are:
a) Archana Mishra-05 Acre - Till 2009
b) Archana Mishra-02 Acre - Till 2016
c) Manish Singh Patel-2.5 Acre Till 2015
d) Archana Mishra -0.810 Hectare Till 2021
e) Narmada Dhoka Patthar-01 Hectare Till 2033
12. That the Mining Officer, acting for the Collector, Rewa, Madhya Pradesh vide his order dated 28.11.2006 permitted construction of a fourteen kilometers road and allotted an area of 1 acre in the north and 2 acres in the south the aforesaid land bearing khasra number 310 to M/S Shanti Construction Company Ltd. and permitted excavation of 6000 cubic meters of mitti and muram and excavation of 5000 cubic meters of gitti stone from the said land for a period of construction of the road and that the lease area of the respondent on which illegal mining has been alleged was encroached upon by one Akhilesh Pandey (a.k.a. Guruji) by illegally constructing a school on the said land against which complaints were made to the SDM and to the Police authorities which took further action in this regard.
13. That the part of the land of the respondent on which the illegal mining has been alleged, was acquired by the government in the year 2012-13 for 27 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. construction of a dam/pond for rainwater harvesting under the project "national watershed banganala" and the respondents had left their possession from the said land. During the period of alleged mining activity, the respondents were not in possession of the said land. During the time period of 01.02.2023 to 30.04.2023, the Respondent No. 07, on their own personal land, started the construction of their residential house which is being held against them in the garb of claiming it to be mining.
14. It is further argued that MPPCB has not adopted any scientific means to identify the actual mining and no transit passes were even applied nor issued and there is no evidence that PP was involved in mining during the period under question. After obtaining the Environmental Clearance the PP applied for permission but Respondent has not obtained Bhu-parves till date and has not started any mining activities.
15. On that point the State PCB was directed to submit the report and the State PCB has submitted that the Environmental Clearance was revoked vide letter dated 29.12.2023 by the Madhya Pradesh State Environment Impact Assessment Authority, during its 821st meeting held on 14.12.2023. The revocation was based on the fact that the case fell under the category of violations and in accordance with the Standard Operating Procedure (SOP) dated 07.07.2021, issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC). The Hon'ble Supreme Court of India, by its order dated 02-01-2024, in the case of Vanashakti v. Union of India in Writ Petition (Civil) No. 1394 of 2023, stayed the operation of the Standard Operating Procedure (SOP) which had been issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) on 07.07.2021 and 28.01.2022. This stay order effectively halted the enforcement of the 28 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. provisions under the SOP, including the calculation of damage assessment.
As a result, the assessment of damages, which was to be calculated as 1% of the total project cost incurred up to the date of filing the application along with the Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP) reports, plus an additional 0.25% of the total turnover during the period of violation, could not be imposed on the project proponent.
16. The copy of the order of Hon'ble Supreme Court dated 02.01.2024 passed in W.P. (C) No. 1394/2023 has been attached, the relevant part of the order is quoted below :
"Dated 02.01.2024 ORDER Issue notice returnable in four weeks. Until further orders, there shall be stay of operation of the Office Memorandum dated 7th July, 2021 and 28th January, 2022 issued by the Ministry of Environment, Forest and Climate Change."
17. Through perusal of the report and reply it reveals that the matter with regard to compliance of the office memorandum dated 07.07.2021 and dated 28.01.2022 have been stayed, Environment Clearance has been revoked for calculation of Environmental Compensation. The matter is pending before the State PCB. Since the calculation of EC is within the domain of the State PCB, thus we expect that the statutory authority will proceed in accordance with law after giving an opportunity of hearing to the parties concerned and decide the case in light of the order of Hon'ble Supreme Court dated 02.01.2024 quoted above. Anyone aggrieved by the 29 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. order of the State PCB may file appropriate application/appeal before the appropriate forum.
18. With these observations the O.A. Nos. 27/2023(CZ) and 61/2023(CZ) along with I.A. Nos. 107/2024 and 21/2024 stand disposed of.
Sheo Kumar Singh, JM Dr. A Senthil Vel, EM 04th October, 2023 O.A No. 61/2023 & 27/2023(CZ) PN 30 O.A. No. 27/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors. O.A. No. 61/2023(CZ) Anupam Kumar Patel Vs. State of M.P. & Ors.