National Green Tribunal
Mr Sanjay Vishwanathrao Bhegade vs State Of Maharashtra on 23 March, 2023
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 88/2022 (WZ)
IN THE MATTER OF :
1. Sanjay (Bala) Vishwanathrao Bhegade,
Age-45, Occupation: Social Worker ,
Having Address at: 'Vishwakamal' Talegaon Dabhade,
Taluka Maval, District- Pune
.....Applicant
Versus
1. State of Maharashtra,
Through The Principal Secretary,
Environment Department, Maharashtra
Having Address at:
Environment Department, New Administrative Bhavan,
15th Floor, Mantralaya,
Mumbai, Maharashtra 400032
Email Address: [email protected]
Contact No:022-22029388
2. District Collector Pune,
Having Address at:
New Collector Office Building,
Station Road, Opposite Sasoon Hospital,
Pune-411001
Email Address: [email protected]
Contact No.020-26122114
3. Maharashtra Pollution Control Board,
Through its Pune Regional Office,
Having Address at:
Jog Center, 3rd floor, Mumbai Pune Road, Wakdewadi,
Pune- 411003.
Email Address: [email protected]
4. Sai Stone Crusher and Sand Pvt. Ltd.
Having Address at:-
70, Sai House Kadokar Colony,
Talegaon Dabhade, Pune-410506
Email Address: [email protected]
5. Pawar Stone Crusher Pvt. Ltd.
Having Address At:-
Shop No.5, Harshal Residence,
Near Bhoge Hospital,
Talegaon- Chakan Road,
Talegaon Dabhade, Pune 410506
Email Address: [email protected]
Page 1 of 15
6. Namrata Stone Crusher Pvt. Ltd.
Having Address at:
Sr. No. 14/2/1, TLG station,
Kakade Wasti Joshiwada, Talegaon Station,
Talegaon, Pune-410506.
Email Address: [email protected]
7. BMK Buildcon Pvt. Ltd.
Having Address at:-
11, Shubham Complex, Talegaon Dabhade,
Talegaon Station, Talegaon, Dist: Pune 410506
Email Address: [email protected]
8. Kalokhe Stone Crusher
Having Address At:-
Gat No. 118, At & Post Ambale,
MIDC, Tel, Maval, Talegaon Dabhade,
Dist- Pune- 410507
Email Address: [email protected]
Contact No. 9112212917
9. Kakade Stone Crusher Pvt. Ltd.
Having Address at:
CTS No. 2992/1, Gr. Floor,
Near Nutan College, Talegaon Dabhade,
Dist Pune-410507
Email Address: [email protected]
10. M/s Ambika Stone Crusher
Having address At:
A103/B104, West Wind,
Opp. Swaraj Nagari,
Talegaon- Chakan Road,
Dist- Pune 410507.
Email Address: Not Available
11. M/s Aditya Stone Crusher,
Having address at:
At/post: amble, Talegaon Dabhade,
Tal- Maval, Pune 410507
Email Address: Not Available.
12. M/s Santdeep Stone Crusher,
Having Address at:-
Ekveera Society, CTS No. 2977 R, No.8,
Mhalaskarwadi, Talegaon, Maval,
Pune- 410507
Email Address : Not Available
13. M/s Sai Stone Crusher,
Having Address at:-
70, Sai House Kadolkar Colony,
Talegaon Dabhade,
Pune- 410506
Email Address: [email protected]
....Respondent(s)
Counsel for Appellant(s):
Mr. Harshavardhan R. Bhende, Advocate
Page 2 of 15
Counsel for Respondent(s):
Mr. Aniruddha Kulkarni, Advocate for R-1/Envt. Deptt.
Mr. Nitin Deshpande along-with Ms. Swati Pandit, Advocates for R-2/Collector, Pune.
PRESENT:
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
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Reserved on : 20.03.2023
Pronounced on : 23.03.2023
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JUDGMENT
1. This Application has been moved with regard to the direction to be issued to Respondent No.1/ State of Maharashtra, Respondent No.2/ District Collector Pune and Respondent No.3/ Maharashtra Pollution Control Board to take cognizance of the fact that illegal mining activities are going on Survey Nos. 158, 123, 125, 136/3, 136/2, 154, 152, 121, 125, 110/2, 145, 149, 150/1, 150/2 153/1/2, 151 120/2, 118, 116, 117/1/2, located at Village Ambale in Maval Taluka, District Pune, as excessive mining is being done resulting in adverse impact on water bodies, flora and fauna of the land around it, which is evident from satellite imaginary of such activities. It is alleged that the Respondents Nos. 4 to 13 (Respondent No.4/Sai Stone Crusher and Sand Pvt. Ltd., Respondent No.5/ Pawar Stone Crusher Pvt. Ltd., Respondent No.6/ Namrata Stone Crusher Pvt. Ltd., Respondent No.7 BMK Buildcon Pvt.
Ltd, Respondent No.8/ Kalokhe Stone Crusher., Respondent No.9/ Kakade Stone Crusher Pvt. Ltd., Respondent No.10 M/s Ambika Stone Crusher., Respondent No.11 M/s Aditya Stone Crusher., Respondent No.12/ M/s Santdeep Stone Crusher., Respondent No.13/ M/s Sai Stone Crusher/ Private Respondents are indulging in this illegal activities.
Regarding it, the Applicant had sent a letter to the District Collector Pune on 03.08.2021 which was responded by reply dated 30.08.2021, stating there-in that due cognizance was taken and that enquiry would be Page 3 of 15 conducted within 15 days. Thereafter, the Applicant gathered information through Right to Information (RTI) Act regarding the permissions/ licenses granted to the Respondent Nos. 4 to 13/ Private Respondents. It was replied that Respondent No.2 was able to provide information regarding three (3) Survey Numbers only. It is apparent that the Respondent Nos.4 to 13 have been claimed to have violated the conditions. The Respondent No.2 also failed to conduct any appropriate investigation. It is also apparent that the Private Respondents have failed to comply with the mandatory conditions of planting trees in & around the mining sites and they were also supposed to develop green belts i.e. a minimum 33 % of tree cover/ tree plantation was mandatory requirement, which has not been done. Huge noise, air and soil pollution has been caused. Damage could be caused to the existing structure of Andra dam. The violation is also with respect to citing criteria for stone quarry because a minimum distance of 200 Meters was to be kept from Residential/ Public buildings, inhabited sites, Protected monuments, Heritage Sites, National/ State Highway, District Roads, Public Roads, Railway Lines/ Area, Ropeway or Ropeway trestle or station, Bridges, Dams, Reservoirs, River, Canals or Lakes or Tanks.
Google Earth platform will show a systematic degradation of the entire ecology & topography between 2004 to 2022 caused due to the excessive & illegal mining activity. Hence, the said mining activity is prayed to be directed to be stopped by the Private Respondents.
2. This matter was heard by us initially on 30.09.2022 but without admitting the same we had directed Respondent No.2/District Collector to submit its report as to whether the Private Respondents were indulging in illegal stone mining activity beyond the permissible limit, pursuant to which the Respondent No.2 had submitted reply affidavit dated 24.11.2022, where-in it is stated that Rule 11 Maharashtra Minor Mineral Extraction (Development & Regulation) Rules, 2013, deals with application of quarry lease. The Private Respondent Nos. 4 to 13 had Page 4 of 15 moved an application under the said Rule accompanied by the requisite documents and Mining plans. The State Environment Impact Assessment Authority (SEIAA) Maharashtra granted Environmental Clearance (EC) to all the above Private Respondents, copies which have been annexed as EXHIBIT R-2. After scrutinizing the said Application, in exercise of the powers under Rules 14 (1) and 14(2) of the above Rules, SEIAA granted quarry lease for extraction of 'Dabbar', which are annexed as EXHIBIT R-3 to EXHIBIT R- 16. The complaint of the Applicant dated 03.08.2021, was received by the Resident Deputy Collector (RDC) on 17.08.2021, where-in enquiry was directed to be conducted and report was also to be submitted. On the letter of the Resident Deputy Collector (RDC), Tahsildar, Maval was directed to submit a report after conducting due inquiry. Thereafter, Tahsildar, Maval, 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 by the Deputy Superintendent of Land Records, therefore, vide letter dated 11.10.2021, the Tahsildar, Maval appointed the staff from his office for carrying out the measurements of the extracted minerals with the help of a private agency namely, M/s Raviraj Engineers Pvt. Ltd., Kothrud, Pune which carried out a contour survey of stone quarries with ETS machines and on 08.02.2022 submitted drawings and quantity statements in two sets of each quarry. As regards those landowners, who were found to have paid less royalty than extracted quantity of minerals, a notice was issued to them for payment of the arrears of royalty, pursuant to which landowners(Permit Holders/ Lease Holders), paid the amount of difference of royalty.
3. In pursuance of this Tribunal's order dated 10.10.2022 once again, the measurements of extracted minerals were carried out between 09.11.2022 and 12.11.2022 through Deputy SLR Maval along with the private agency. The office of the Deputy Superintendent of Land Records carried out measurement of the boundaries of the land in question, Page 5 of 15 report of which is annexed as EXIHIBIT R-24 and the measurement carried out by the Land Record Department is annexed as EXHIBIT R-
25.
4. Based on the Deputy Superintendent of Land Records' report, the Tahsildar, Maval has submitted its report in tabular chart to the Collector which is dated 22.11.2022 (EXHIBIT R- 26). The said chart contains the names of village, Survey Nos., whether permission is taken, whether extraction is done or not, lease period to each Survey Nos, total quantity of extraction of minerals up to measurement day, royalty paid by the lease holders, difference of extracted quantity of minerals in brass, area where excavation has been done and area permitted for excavation according to mining lease/ permit. Pursuant to the said measurement, it has been found that some of the lease holders/ permit holders have extracted more quantity of 'dabbar' than the paid royalty, hence the notices under Section 47(8) of MLRC 1966 were issued to them and after completion of enquiry, necessary action will be taken, according to law.
5. It is further mentioned that the mining activities are carried out by the Private Respondents with the prior ECs and proper permissions, granted by the Office of the Collector, Pune under the Rules of 2013, and that if any violation is made of terms and conditions by them, appropriate action would be taken under Rule 46 of the said Rule. As regards the wind breaking walls and water sprinklers, the same falls within the domain of Respondent No.3/ Maharashtra Pollution Control Board (MPCB).
6. After receipt of this reply we had passed subsequent order dated 06.02.2023 directing the Respondent No.2/ District Collector Pune to submit in tabular form detailed information as to whether the quarry of mining lease or temporary permits were granted to the Private Respondents and as to what is the actual quantity which was extracted by them as per the survey, so as to facilitate ascertainment by us regarding violations, if any, made by the Private Respondents.
Page 6 of 157. Pursuant to the said order the Respondent No.2/District Collector, Pune submitted affidavit dated 18.03.2023, where-in a tabular chart has been attached as Annexure -A showing in Column No.1- number of Respondent, Column No.2- Village Name, Column No.3- Gat Nos, Column No.4-Owner of the Property, Column No.5-whether M.L. (Mining Lease) or T. P.(Temporary Permit), Column No.6- M. L. Or T.P. Valid upto, Column No.7-E.C. granted, Column No.8-E.C. valid upto, Column No.9-MPCB permission with validity, Column No.10-Area of Mining approved in hector, Column No.10-Actual mining area as per survey, Column No.11-Approved quantity of mining in Brass, Column No.12- actual quantity extracted in brass as per survey, Column No.13- Excess Royalty paid in Brass, Column No.14- Remarks. The said Tabular chart is reproduced herein-below for the sake for convenience-
Re Vil Gat Owner of the Whet M. L. E. E. MPCB Are Actua App Act Exc Remarks sp la No Property her Or T. C. C. permission a of l rove ual ess . ge As M. L. P. Gra va Mini minin d qua rpu No N per Or T. Valid nted lid ng g area qua ntit aylt . a Ord P. up to up App as per ntit y y m er of to rove Surve y of Extr paid e the d in y min acte in Trib Hec ing d in Bra una tor in Bra ss l Bra ss date ss as d per 10.1 surv 0.20 ey 22 4 A 158 M/S SAI LEAS 1203. Gra 30 NOT 2.00 1.97 556 556 00 Mining & m STONE E 2021 nted .1 APPLICABL 95.0 95.0 within 13 ba CRUSHER TO 2. E 0 0 permissib le THROUGH 30.12 20 le Area SUDHKAR .2.24 24 and SHANKARAO sufficient SHELKE Royalty paid with all requisite permissio ns (Annexur e B colly) 4 A 125 M/S SAI LEAS 05.04 Gra 22 RO- Pune/ 3.57 3.38 187 187 0.00 Mining & m STONE E .2010 nted .0 CONSENT 121. 121. within 13 ba CRUSHER to 1. /18070007 00 00 permissib le THROUGH 22.01 20 60 VALID le Area SARIKA .2024 24 UPTO and SUNI 28.02.2028 sufficient SHELKE Royalty paid with all requisite permissio ns.
(Annexur e C colly) 4 A 136 Sunil & LEAS 23.10 Gra 22 RO- Pune/ 4.00 3.96 685 685 - Mining & m /1, Sudhakar e .2008 nted .0 CONSENT 77.0 60.0 17.0 within 13 ba 136 Shelke to 1. /18070007 0 0 0 permissib le /2, 22.10 20 59 VALID le Area 136 .2013 13 UPTO and /3 28.02.2028 Sufficient Royalty paid with all Page 7 of 15 requisite permissio ns.
Mining close (Annexur e D colly) Re Vil Gat Owner of the Whet M. L. E. E. MPCB Are Actua App Act Ex Remarks sp la No Property her Or T. C. C. permission a of l rove ual ce . ge As M. L. P. Gra va Mini minin d qua ss No N per Or T. Valid nted lid ng g area qua ntit rp . a Ord P. up to up App as per ntit y ua m er of to rove Surve y of Extr ylt e the d in y min acte y Trib Hec ing d in pa una tor in Bra id l Bra ss in date ss as Br d per as 10.1 surv s 0.20 ey 22 5 A 121 Pawar Stone LEAS 30.09 Gra 22 RO/PUNE/ 9 8.07 202 202 0. Mining m Crusher E .2010 nted .0 CONSENT/ Acer Acer 637. 637. 00 within ba through to 1. 180400042 00 00 Permissible le SAGAR 30.09 20 7 valid Area and SHIVAJI .2020 24 upto sufficient PAWAR Applie 31.03.2026 Royalty d for paid with renew all al requisite Permission s.
Mining Not operated.
(Annexure E colly) 6 A 120 Namrata Lease 29.09 Gra 22 RO/PUNE/ 1.80 0.54 595 376 - Mining m /2 Stone .2014 nted .0 CONSENT/ 0.00 3.00 21 within ba Crusher to 1. 180300038 87 Permissible le Through 10.10 20 2 valid .0 Area and Kiran .2024 24 upto 0 Sufficient Kakade 30.04.2024 Royalty paid with all requisite permission s (Annexure F colly) 6 A 110 Namrata Lease 29.09 Gra 22 Not 149 148 - Mining m /2 Stone .2014 nted .0 Applicable 202. 543. 65 within ba Crusher to 1. 00 00 9. Permissible le Through 30.12 20 00 Area and Kiran .2024 24 Sufficient Kakade Royalty Paid with all requisite 9.03 7.11 Permission s (Annexure G colly) 9 A 110 Kakade LEAS 20.12 Gra 22 Not m /1A Stone E .2019 nted .0 Applicable ba , Crusher Pvt. to 1.
le 110 Ltd. 19.12 20 /1/ .2024 24B,1 11,1 15/ 4 Page 8 of 15 Re Vil Gat Owner of the Whet M. L. E. E. MPCB Are Actua App Act Ex Remarks sp la No Property her Or T. C. C. permission a of l rove ual ce . ge As M. L. P. Gra va Mini minin d qua ss No N per Or T. Valid nted lid ng g area qua ntit rp . a Ord P. up to up App as per ntit y ua m er of to rove Surve y of Extr ylt e the d in y min acte y Trib Hec ing d in pa una tor in Bra id l Bra ss in date ss as Br d per as 10.1 surv s 0.20 ey 22 6 A 118 Namrata LEAS 15.10 Gra 22 RO/PUNE/ 2.83 2.57 102 100 - Mining m Stone e .2009 nted .0 CONSENT/ 860. 560. 23 within ba Crusher to 1. 200600135 00 00 00 Permissible le Through 14.10 20 2 valid .0 Area and Kiran kakade .2024 24 upto 0 sufficient 29.06.2025 royalty plaid with all requisite permission s (Annexure H colly) 7 A 123 BMK TP 09.09 NA N NOT 1.20 1.08 850 846 - Mining m buildcon Pvt. .2021 A APPLICABL 0.00 5.00 35 within ba Ltd. Through to E .0 permissible le Viram 08.02 0 Area and Kakade .2022 Sufficient Royalty paid with all requisite Permission s Mining closed (Annexure I colly) 7 A 116 BMK LEAS 22.06 Gra 22 RO/ 6.00 5.81 215 215 - Mining & m buildcon Pvt. E .2011 nted .0 PUNE/CO 220. 127. 93 within 10 ba Ltd through to 1. NSENT/18 00 00 .0 Permissible le Vikaram 22.01 20 04000070 0 Area and Kakade & .2024 24 valid Sufficient m/s Ambika 30.04.2024 Royalty Stone & paid with Crusher RO/PUNE all Through /CONSENT requisite Vilas /18030014 permission Kalokhe 47 Valid s.
upto (ANnexure
31.05.2024 J colly)
8 A 117 Kalokhe Lease M. L. Gra 22 Not 3.72 3.38 184 184 0. Mining m /1/ Stone 11.03 nted .0 Applicable 630. 630. 00 within ba 1,11 Crusher .2010 1. 00 00 Permissible le 7/1 Through to 20 Area and /2& Sachin & 22.01 24 Sufficient 117 Sandip .2024 Royalty /2 Kalokhe & T. paid with P. all 18.12 requisite .2018 permission to s 17.06 (Annexure .2019 K colly) 8 A 118 Kalokhe LEAS M. L. Gra 22 RO/PUNE/ 3.27 0.78 167 167 0. Mining m Stone E 17.02 nted .0 CONSENT/ 26.0 26.0 00 within bl Crusher .2010 1. 180400014 0 0 Permissible e Through to 20 0. Valid Area and Sachin & 22.01 24 upto sufficient Sandip .2024 30.06.2024 Royalty Kalokhe paid with all requisite Permission s (Annexure L colly) 8 A 118 Kalokhe TP T. P. NA N NOT 2.40 1.29 250 247 - Mining m Stone 19.10 A APPLICABL 00.0 86.0 21 within ba Crusher .2020 E 0 0 4. permissible le TPThrough to 00 Area and Sachin & 18.04 sufficient Sandip .2021 Royalty Kalokhe paid with All requisite Page 9 of 15 permission s (Annexure L(1) colly) Resp. Vil Gat Owne Whet M. L. E. E. MPCB Are Actua App Act Ex Remarks No. la No As r of her Or T. C. C. permission a of l rove ual ce ge per the M. L. P. Gra va Mini minin d qua ss N Order Prope Or T. Valid nted lid ng g area qua ntit rp a of the rty P. up to up App as per ntit y ua m Tribu to rove Surve y of Extr ylt e nal d in y min acte y dated Hec ing d in pa 10.10 tor in Bra id .2022 Bra ss in ss as Br per as surv s ey 11 A 141 M/s Lease 16.04 Gra 22 PUNE/CO 4 1.09 265 254 - Mining m Adity .2016 nted .0 NSENT/17 028 91.4 10 within ba a to 1. 08000659 3 7 11 permissible le Stone 09.03 20 Applied for .3 Area and Crush .2023 24 renewal 6 sufficient er Now Royalty applie paid with d for all renew requisite al permission s (Annexure M colly) 12 A 118 M/s LEAS 10.08 GR 22 RO- 2.05 2.00 333 332 - Mining m SANT E .2021 ANT .0 PUNE/CO 21.0 85.0 36 within ba DEEP TO ED 1. NSENT/20 0 0 .0 Permissible le STON 29.06 20 01001423 0 area and E .2022 24 VALID applied for CRUS NOW UPTO renewal HER APPLI 30.04.2023 process is THRO ED APPLIED going on UGH FOR FOR (Annexure SANT RENE RENEWAL N colly) OSH WAL GHOL AP 13 A 152 M/s TP 30.06 NA N NOT 3.92 3.85 100 993 - Mining m Sai .2021 A APPLICABL 00.0 8.00 62 within bl stone to E 0 .0 permissible e Crush 29.12 0 Area and er .2021 sufficient throu Royalty gh paid with Suda all m requisite Shelk Permission e s.
Mining Close (Annexure O colly) 154 No Mining Activity Survey Map attached (Annexure P) Gat A 145 SUNN LEAS 24.01 GR 22 NOT 7.00 3.29 253 253 - Mining Number m 149 Y E .2015 ANT .0 APPLICABL 85.0 32.0 53 within in ba 150 INDU ED 1. E 0 0 .0 Permissible Tribuna le /1 STRIE 20 0 Area and l order 150 S 24 sufficient but /2 THRO Royalty owner 151 UGH paid with is not 153 VINA all Respon /1 YAK requisite dent 153 NIMH permission /2 AN s.
Mining Closed (Annexure Q colly) Page 10 of 15
8. From the side of the Applicant rejoinder affidavit has been filed dated 13.03.2023 where-in main emphasize has been laid on the fact that according to Rule 46 of Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013, quarry should not exceed 6 meters, but a bare perusal of the mining lease would show that the Respondents were permitted to mine beyond six(6) meters in depth. In few Gat Nos. permission has been granted for mining between 3 to 6 meters but the Private Respondents 4 to 13 have very clearly breached the 6 meter mark. The Applicant has got the survey conducted by an independent surveyor, who gave following facts with regard to the mining done by the Private Respondents which are quoted herein-below in Tabular Form.
Gat Environmental Collector As per Private Permission Changing
No. Clearance Granted Granted tehsildar Survey (In granted for contour
(In Hectares) permission for Survey ( In Hectares) mining Depth (in
Lease (in hectares) Meters)
Hectares)
108 3.1874 1
110 2-07 02-07-00 07-11-00 2.9219 As per Rule 3 to 25
57
111 4.3626 23
115 9.8027 35
116 4-95 04-95-00 05-81-00 4.8082 3 45
117 1-01 03-72-00 03-38-00 2.1121 As per Rule 3 to 48
57
118 8-15 08-15-00 04-34-00 7.9553 6 50
120 1-8 02-07-03 00-54-00 9.064 As per Rule 3 to 10
57
121 04-04-68 03-27-00 9.3512 As per Rule 3 to 44
8-59 57
02-00-00 01-97-00 7.1366 As per Rule 3 to 22
57
122 0.0959 0
123 01-20-00 01-08-00 4.678 As per Rule 3 to 23
57
124 1.6185 As per Rule 3 to 50
Page 11 of 15
57
125 3-57 03-57-00 01-88-00 3.4268 6 40
126 6.2494 As per Rule 3 to 30
57
136 4 04-04-68 03-96-00 8.9328 As per Rule 3 to 15
57
137 4.9006 42
138 6.3512 33
141 5.8735 35
145 00-24-00
149 1.307 As per Rule 3 to 16
57
150/ As per Rule 3 to
1 57
150/ 4-95 07-00-00 00-78-00 0.2379 As per Rule 3 to 1
2 57
153/ As per Rule 3 to 15
1 01-17-00 1.6761 57
153/ As per Rule 3 to
2 57
151 01-10-00 2.8868 As per Rule 3 to 11
57
152 03-92-00 03-85-00 6.4594 As per Rule 3 to 21
57
154 2.9987 7
161 0 1
171 0.8552 10
191 2.95 20
9. Further, it is mentioned that Rule 3 of the Environment (Protection) Rules, 1986 lays down 'Standard for emission Discharge Of Environmental Pollutants' which have been quoted by the Applicant in Tabular Form and it is stated that the Respondent No. 4 to 13 are not making compliance of the said standard which has resulted in high SPM being thrown into the Air & water.
10. We have heard the arguments of learned counsel for the Applicant as well as Respondents No.2. At the time of the arguments the leaned counsel for the Applicant has drawn our attention to report of private surveyor, who has given the area in hectares where-in the Private Respondents have done mining activity. This information has been given Page 12 of 15 in Tabular Form at Page No. 1452 of the paper book which is quoted herein-below:
Contour Details Sr. No. S. No. Lowest Highest Lowest Highest Areas in hectares Contour (M) Contour (M) Contour Contour below G. L. below G.L. (M) (M) 1 108 548 578 0 -1 3.1874 2 110 572 596 -1 -25 2.9219 3 111 585 602 0 -23 4.3626 4 115 577 601 -18 -35 9.8027 5 116 571 592 -4 -45 4.8082 6 117 564 589 -7 -48 2.1121 7 118 553 583 -3 -50 7.9553 8 120 560 586 -1 -10 9.064 9 121 563 585 -9 -44 9.3512 10 122 576 578 0 0 0.0959 11 123 563 584 -2 -23 4.678 12 124 555 576 -11 -50 1.6185 13 125 550 577 -8 -40 3.4268 14 126 560 583 -6 -30 6.2494 15 136 550 577 -1 -15 8.9328 16 137 560 574 -9 -42 4.9006 17 138 556 581 -7 -33 6.3512 18 141 556 577 -8 -35 5.8735 19 149 543 570 -5 -16 1.307 20 150 545 562 0 -1 0.2379 21 151 550 578 -2 -11 2.8868 22 152 547 573 -5 -21 6.4594 23 153 560 573 -6 -15 1.6761 24 154 541 566 -1 -7 2.9987 25 158 539 565 -7 -22 7.1366 26 161 541 564 0 -1 0 27 171 550 570 -3 -10 0.8552 28 191 544 575 -5 -20 2.95
11. It was also clarified by the learned counsel for the Applicant that above chart would show that Survey No. 158 shows that in that Survey No., 7.1366 hectares has been mined while as per the EC only two(2) Page 13 of 15 hectares was permitted to be mined, therefore, it was in clear breach of the EC conditions. When we made a query from him as to how as per the chart submitted from the side of the Respondent No.2, the Survey No. 158 is showing actual mining area to be only 1.97 hectares, which was less area than the area for which the EC was granted, the learned counsel for the Applicant stated that the Report of the Respondent No.2 is absolutely false and that the Report submitted from his side should be relied on. We are of the view in this regard that the Report which has been got prepared by the learned counsel for the Applicant by the private surveyor, is based on satellite imagery which cannot be treated as accurate while the report which has been submitted by the Respondent No.2 is based on physical survey conducted by Superintendent of Land Records which is an official body of the state which has to be treated trustworthy. We are of the view that the official body of the state has to be believed vis-a-vis the private surveyor. It cannot be held that the entire team which conducted the survey would be colluding with the Private Respondents in order to benefit them. The apprehension of the applicant regarding the said survey report being untrue does not appear to have any substance.
12. We also find that the details of all the Respondents along with the village and the Gat numbers and the area for which EC was granted, amount of extraction, all shows that no excess extraction has been done by the Private Respondents. During the argument learned counsel for the Respondent No.2 had also placed before us the District Survey Report pertaining to the District concerned, therefore, we are convinced that no apparent violations are there with respect to the mining activity in terms of EIA notification. The grievance in this regard to the applicant appears to be unfounded.
13. As regards the grievance with respect to the air, noise and water pollution, we direct the State Pollution Control Board to carry out inspection and take appropriate action against the Private Respondents 4 Page 14 of 15 to 13 in accordance with Rule 3 of the Environment (Protection) Act, 1986, if required, within 2 months.
14. With the above directions, we dispose of this Original Application.
The copy of this order shall be served upon the State Pollution Control Board by Registry for compliance.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM March 23, 2023.
Original Application No. 88/2022(WZ) Sachin J.
Page 15 of 15