National Green Tribunal
Bidhu Bhusan Harichandan vs Dist Collector Khurda on 1 October, 2020
1
Item No. 02
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 54/2018/EZ
(I.A. No. 39/2020)
Bidu Bhusan Harichandan & Anr. Applicant(s)
Versus
District Collector Khurdha & Ors. Respondent(s)
Date of hearing: 01.10.2020
CORAM: HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant(s): Mr. Sankar Prasad Pani, Advocate
For Respondent(s): Mr. Deepak Kumar Pani, Advocate for
Respondents No. 1, 5 to 8.
Mrs. Papiya Banerjee Bihani, Advocate for
Respondent No. 2.
Mr. Gora Chand Roy Choudhury,
Advocate for Respondent No. 3.
Mr. Surendra Kumar, Advocate for CPCB.
ORDER
1. The case relates to illegal mining of Laterite Stone by Rat Hole mining method without following the Standard Operating Procedures (SOP) for mining and other Environmental Laws. It is stated that there are atleast 40 different sites at Khordha district of Odisha, where such mining is going on that covers 500 acres bringing within 2 it several villages namely Tapanga, Anda and Jhinkijhari under Nijigarh Tapang Panchayat. The areas said to involve Cashew Jungle, Gramya Jungle and Gochar land, etc. No Environmental Clearance (EC) or Consent to Operate are stated to have been obtained. Large numbers of trees have been felled in the process of the mining operations.
2. Considering the gravity of the situation, we deemed it essential to constitute a Committee comprising of (a) Senior Scientist/Engineer, CPCB; (b) the District Magistrate, Khordha; (c) the Member Secretary, SEIAA, Odisha and, (d) representative of the State Pollution Control Board (PCB), to obtain a factual and action taken report.
3. The consequential report filed by the Committee stated as follows:-
"At Jhinkijhari all the mines are illegal and mostly rat hole mining is in practice. Provisions of mines Acts 1952 and Rules Regulations made there is not followed and hence no safety of the workmen prevails.
Few mines are also found to be dangerously abandoned.
Illegal mines are running in an utmost unsafe and uncared manner.
It is observed that mines have been working since long without during consideration to safe bench formation leaving step walls in the quarry which is quite dangerous for the wildlife in an around.3
No sprinkler, garland drain or catch drain and toe walls found around the over burden dumps.
Abrupt dumping of over burden with improper slope noticed everywhere. The committee did not observe any operational activity or presence of any worker during the visit in the illegal mining are which is under the custodian of Jagannath Temple.
The environment management plan need to be followed which was totally absent.
Measures for dust suppression.
Water pollution control measures Storage of top soil/rejects.
Land reclamation After visit of the committee it was decided that the area has to be reclaimed by filling of the rat hole mining with permissible material. It was also decided to make some water harvesting structures. The plan for such reclamation is given at Annexure-III."
4. Subsequently, another report had been filed by the same Committee which is also reproduced below:
"In obedience to the order of Hon'ble NGT dtd. 06.09.2019 in connection with Joint Committee report relating to above order in O.A. No. 54/2018/EZ, the committee comprising of Sub-Collector-cum-Tehsildar, Khordha, Regional Officer, State Pollution Control Board, Bhubaneswar and representative of Member Secretary, SEIAA have visited the illegal operated Laterite mines in the villages like Tapang, Anda, Jhinkijhari under Nijigarh Tapang Panchayat in the District of Khordha on 1st November, 2019. During visit to the sites the committee members observed that there was no mining activity going on in these areas. There is constant enforcement activity by the District Administration is going on in this area and the illegal mining has been stopped. In respect with the order of Hon'ble NGT for calculation of environmental damage caused and the cost of restitution, we are of the opinion that Hon'ble NGT, New Delhi vide order dtd. 13.09.2018 in O.A. No. 186/2016. It has been made clear that one guideline has to be prepared by the MoEF&CC Govt. of India. As and when the above guideline will be issued by the MoEF&CC, we shall prepare and submit the same. Also on 4th November, 2019 the officials of Cuttack Mining circle, Odisha along with the staff of Lord Shree Jagannath Temple Administration, RI and Amina of Khordha circle had visited the area for assessment of quantity of Laterite stone excavated illegally from those areas. The report on assessment of quantity of Laterite mined submitted by Mining Officer, Cuttack Circle, Cuttack vide letter No. 2209 dtd. 05.11.2019 is enclosed as Annexure-I."4
5. In view of conflicting facts revealed in the two reports, the Committee was called upon to explain as to how such gross contradictions had occurred. Vide order dated 20.01.2020, the submission of the learned Counsel for the State was recorded acknowledging the fact that illegal Laterite Stone mining was going on in the area in question and that the STF had taken cognizance of the various cases in the course of which a large number of persons had been arrested and the investigations were underway.
6. In view of this, without making any observation on the steps being taken by the STF, the State Government was directed to furnish the details of the Action Plan in relation to order dated 20.01.2020.
7. The State was further directed to prepare an Action Plan within one month specifying specific timelines for completion of the Action Plan. However, instead of filing an Action Plan, an application was sent by e-mail on 05.05.2020 seeking adjournment on the ground of Covid- 19 which was rejected as such situation did not arise when the order was passed, i.e., 24.02.2020, the national lock down having commenced from 23.03.2020. The cost 5 has still not been paid which we direct to be paid before the next date, failing which the cost shall be twice the sum, i.e., ₹1 Lakh.
8. Ultimately, an I.A. being I.A. No. 39/2020/EZ, filed by the Sub-Collector, Khordha, Odisha but the same clearly is not in conformity with the direction to file an action taken report. It merely states that the State PCB had been requested to furnish detailed assessment of Environmental Compensation in accordance with the CPCB Guidelines which had been assessed at ₹1,80,46,411/- and that this amount had been directed to be recovered from the vehicles carrying the illegally extracted materials and further it was decided that the owner of the land, Jagganath Temple Administration, will take steps for restitution and restoration of the area by reclamation of land with pulverized fly ash in the abandoned laterite quarries in the area. It is further stated that some minor mineral deposits existing on Plots No. 1330 and 2056 of Jhinkijhari had been allowed to be operated in accordance with law by Sri Jagganath Temple Administration as it had been permitted to auction the sources having potential for extraction of minor minerals 6 and to take steps for filling up of extracted area having no potential as per the provision of law and to take up social forestry with the help of Forest and Environment Department.
9. It is not understood as to how Environmental Compensation is being recovered from the drivers of the trucks instead of the person running the illegal mines and as to how Sri. Jagannath Temple Administration could be permitted to extract the mineral without first obtaining the EC by following the due process.
10. In our considered opinion, the exercise undertaken by the Government is an attempt to hoodwink the Tribunal in order to protect the perpetrators of the illegality. Although, the learned State Counsel had earlier submitted that the STF had been investigating the matter, no material particulars have been furnished in support of such submission. It also surprises us to note that in the entire episode, the State PCB has remained mute spectator.
11. In view of above, we direct the Committee to once again examine and submit a report on the identification of the 7 persons running the illegal quarry and as to whether or not the unavoidable EIA process had been followed while permitting Sri. Jagganath Temple Administration to mine the area.
12. Let the report be filed without fail before the next date with advance copy on the Applicant.
13. List for further consideration on 04.12.2020.
S.P. Wangdi, JM Dr. Nagin Nanda, EM 1st October, 2020 O.A. No. 54/2018/EZ avt