National Green Tribunal
Dillip Kumar Samantara S/O Lingaraj ... vs State Of Odisha Represented By Chief ... on 20 September, 2022
Item No.07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No.83/2022/EZ
(I.A. No.189/2022/EZ)
Dilip Kumar Samantray & Ors. Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 20.09.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate
For Respondent(s) : Mr. Prasenjeet Mohapatra, ASC a/w Ms. Saswata Patnaik, AGA for
R-1,2,3,6,7,8,9,10,15 & 16,
Ms. Saswata Patnaik, AGA for State Respondents,
Mr. Soumitra Mukherjee, Advocate for R-4 (in Virtual Mode),
Ms. Papiya Banerjee Bihani, Advocate for R-11 & 12,
Mr. Gora Chand Roy Choudhary, Advocate for R-13,
Mr. Ashok Prasad, Advocate for R-14,
Mr. Biranchi Narayan Mohapatra, Advocate for R-17
(in Virtual Mode),
Ms. Paushali Banerjee, Advocate for R-18
ORDER
1. Mr. Sankar Prasad Pani, learned Counsel is present for the Applicant.
2. Supplementary affidavit dated 30.08.2022 has been filed on behalf of the Respondent No.17, Private Respondent; the same is taken on record.
3. Counter-affidavit dated 17.09.2022 has been filed on behalf of the Respondent No.10, Divisional Forest Officer, Khordha Division; the same is taken on record.
4. Counter-affidavit dated 17.09.2022 has been filed on behalf of the Respondent No.11, Odisha State Pollution Control Board; the same is taken on record.
5. Along with this affidavit, an Inspection Report of an inspection carried out on 13.09.2022 has been filed which reads as under :- 1
"SALIENT FEATURES OF THE LATERITE QUARRY:
M/s Mayurjhalia Laterite quarry, at-Mayurjhalia, Tehsil- Ranpur, Dist-Nayagarh has obtained Environmental Clearance from the State Environmental Impact Assessment Authority (SEIAA), Bhubaneswar vide letter no.271/SEIAA dtd. 02.02.2021 and is valid for the lease period as granted by the lease granting authority. The mining plan of M/s Mayurjhalia Laterite quarry for the period of five years has been duly approved by Deputy Director Geology, Director of Geology, Bhubaneswar on 13.07.2020 over Plot No.1689 under Khata No.495 of Minor Mineral Mine lease area of Ac. 4.0 res or (1.62) Hectares, Mouza- At-Mayurjhalia, Tahasil-
Ranpur, Dist-Nayagarh. Lease agreemernt has also executed between Government of Odisha represented by the Tehsildar, Ranpur (Lessor) and Sri Susanta Kumar Barad (Lessee) which is valid for a term of five years i.e. from 2021-22 to 2025-26 over Plot No.1689 under Khata No. 495 of Minor Mineral Mine lease area of Ac. 4.0 res or (1.62) Hectares, Mouza- At-Mayurjhalia, Tahasil-Ranpur, Dist-Nayagarh. CONSENT STATUS OF THE QUARRY:
The lessee had submitted complete Consent to Establish online application with adequate CTE fees of Rs.6000/- and also submitted complete Consent to Operate online application adequate CTO fees of Rs.22500/- for the period 2021-22 to 2024-25 with all statutory clearances like Environmental Clearance, approved mining plan from the competent authorities and also executed lease agreement 2 with the Tehsildar, Ranpur which is valid upto 31.03.2026. Based on the above, Consent to Establish under Sec 25 of Water (PCP) Act, 1974 & under Sec 21 of Air (PCP) Act, 1981 was granted vide Office Memorandum No.2354/CTE- 1550/2021 dtd.29.07.2021 in favour of M/s Mayurjhalia Laterite Quarry for Excavation / Quarrying of Laterite Stone @ 7704 cum/Annum and Consent to Operate under Sec 25/26 of Water (PCP) Act, 1974 & under Sec 21 of Air (PCP) Act, 1981 was granted vide letter No.2356/CTO-2080/2021 dtd. 29.07.2021 valid up to 31.03.2025 for Excavation / Quarrying of Laterite Stone @ 7704 cum/Annum.
The allegation made in the above mentioned O.A. No.83/2022/EZ is that the consent to establish and operate were granted to M/s Mayurjhalia Laterite quarry without carrying out any inspection and proper procedure was not followed for processing of consent to operate application by the CPCB. It is to mention that the procedure which has been uploaded in the website for processing consent to operate application is not applicable for the minor mineral mines. Generally minor mineral mines are auctioned in every 5 years which were earlier operational. Consent to establish is granted based on all required documents and adequate consent fees. However, the mine operates after obtaining valid consent to operate from the Board. Generally no inspection is required before granting of consent to operate as the sources were previously operational. As the lessee has applied for consent to establish and consent to operate 3 application through online, accordingly consent to establish and operate were granted in favour of lessee with subject to strict compliance of the consent conditions. OBSERVATIONS:
Following observations are made during inquiry: i. During visit M/s Mayurjhalia Laterite Quarry was found non- operational from the surrounding appearance. ii. As ascertain by the Revenue Supervisor, Ranpur and Revenue Inspector, Jhadapada Revenue circle during Inspection that the M/s Mayurjhalia Laterite Quarry is not in operation since June 2022.
iii. As informed by the Revenue Circle Inspector, Jhadapada the mining activity is carried out within the lease hold area. iv. Pillar posting has been carried out around the mining area to demarcate ML area as observed during inspection. v. Mayurjhalia village is about 2.0 km away in North direction and Raj-Jankla village is about 1.5 km away from the lease hold area of M/s Mayurjhalia Laterite Quarry. vi. No other mine is located within 500 meters from the periphery of the existing mine area.
vii. A mobile water tanker of capacity 3KL has been engaged by the lessee of mine for regular water sprinkling around the mining area to control fugitive emission. viii. Cashew plants observed about a distance of 500 meter from the lease hold area of M/s Mayurjhalia Laterite Quarry in North direction.
4 ix. One no. of Morrum quarry was located about a distance of 700 m from the lease hold area of M/s Mayurjhalia Laterite Quarry in west direction which was non operational during the time of inspection.
x. Topsoil generated from the mining activity has been found stocked outside the lease hold area.
CONCLUSION & RECOMMENDATIONS:
From the above observations, it is noticed that the mining activity is carried out with valid Consent to Operate of the Board. Ambient Air Quality monitoring could not be conducted during inspection as the mine was not in operation. The lessee has obtained statutory clearance likje Environmental Clearance, approved mining plan from the competent authorities and also executed lease agreement with the Tehsildar, Ranpur which is valid upto 31.03.2026. However, the solid waste management practices i.e. topsoil adopted by the lessee of M/s Mayurjhalia Laterite Quarry was not in accordance of approved mining plan.
In view of the above following recommendations are made:
1. Immediate steps shall be taken for disposal of topsoil generated from the mining activity as per approved mining Plan and conditions stipulated in consent order.
2. The mining operation shall be carried out as per approved mining plan and in compliance to conditions stipulated in consent order issued by 5 State Pollution Control Board and in accordance with special conditions stipulated in EC."
6. Additional affidavit dated 19.09.2022 has been filed on behalf of the Applicant bringing on record the photographs and Mr. Sankar Prasad Pani, learned Counsel states that the same shows illegal morrum and laterite stone quarrying beyond the designated lease area by Respondent Nos.17 and 18; the same is taken on record.
7. Ms. Saswata Patnaik, learned Additional Government Advocate prays for two weeks time for filing counter-affidavit on behalf of the Respondent Nos. 6 and 15, Collector & District Magistrate, Nayagarh and Director of Geology, Bhubaneswar respectively.
8. Time as prayed, is granted. Let the affidavit be filed within two weeks.
9. Mr. Biranchi Narayan Mohapatra, learned Counsel appearing for Respondent No.17, prays for and is granted two weeks time for filing counter-affidavit.
10. Ms. Paushali Banerjee, learned Counsel appearing for Respondent No.18, prays for and is granted two weeks time for filing counter- affidavit.
11. List on 14.11.2022.
..................................... B. Amit Sthalekar, JM ................................... Saibal Dasgupta, EM September 20, 2022, Original Application No.83/2022/EZ (I.A. No.189/2022/EZ) SKB 6