National Green Tribunal
Pasumpom Anand vs State Of Tamilnadu on 18 February, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.16:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 156 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
B. Pasumpon Anand
S/o. P. Bhagavathi
53/19, Pillayar Kovil Street,
Nesapakkam, West KK Nagar,
Chennai - 600 078.
...Applicant(s)
Versus
State of Tamil Nadu
Represented by its Principal Secretary,
Environment Forests & Climate Change Department,
Secretariat Complex, Namakkal Kavingar Maaligai,
Fort St. George, Rajaji Road, Chennai and Ors.
.... Respondent(s)
Date of hearing: 18.02.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. K.M. Mrithunjayan.
For Respondent(s): Dr. D. Shanmuganathan for R1, R3, R5 & R7.
Mr. G.M. Syed Nurullah Sheriff for R2.
Mr. S. Sai Sathya Jith for R4 & R6.
Mr. Moorthy for R8.
Page 1 of 17
ORDER
1. As per order dated 22.09.2021, this Tribunal had considered the inaction on the part of the officials in not filing the statement and also directed them to file the Joint Committee report and posted the case to 22.10.2021 for that purpose. It was again taken up on 11.11.2021 and at the request of the parties, the matter has been adjourned to 08.12.2021 for completion of pleadings and consideration of report. Thereafter, it was adjourned from time to time by successive notifications and lastly, it was adjourned to today by notification dated 25.01.2022.
2. We have received the Joint Committee report signed by the officials on 08.11.2021, e-filed on 10.11.2021 which reads as follows:-
JOINT COMMITTEE REPORT SUBMITTED TO THE HON'BLE NATIONALGREEN TRIBUNAL (SZ), CHENNAI
1. PREAMBLE:-
In the matter of Original Application Number 156/2021, among carrying the Hon'ble National Green Tribunal, Southern Zone, Chennai in its order dated 27.07.2021 has appointed a Joint Committee comprising of following officials and direct to inspect the area in questions and submit a factual as well as action taken report, if there is any violation found .
(i) The District Collector, Chengalpattu District, or a Senior Officer not below the rank of Assistant Collector/Sub- Divisional Magistrate as debuted by the District Collector
(ii) A senior from the Tamil Nadu State Environment Impact Page 2 of 17 Assessment Authority (TN SEIAA), Tamil Nadu.
(iii) A senior officer from the Tamil Nadu State Pollution Control Board (TNPCB) as deputed by its Chairman.
(iv) A senior office from the Director of Geology and Mining, Guindy, Chennai.
Further, the Committee is also directed to ascertain the following facts.
i) whether there was any violation of conditions imposed in the environment clearance,(EC) and Consent to Establish as well as Consent to Operate granted in favour of the 8th respondent, while carrying out the quarrying operation in the earlierquarrying portion and also in the subsequent quarrying portion.
ii) Whether any excess mining done by the 8th respondent and if so, what is the quantity of excess mining done.
iii) If excess mining done, what is the nature of action taken by the authorities, including imposition of environmental compensation, apart from realizing royalty and penalty as provided under the respective rules,
iv) Whether the pollution control mechanisms provided by the 8th respondent is sufficient and whether they are in operation in conformity with the standard prescribed and if there is any deficiency, what is the remedial measure to be provided.
v) If the quality of air or water has been affected in that area, then what is the nature of action taken by the regulators including suggestion of remedial measures to rectify the same.
vi) Whether the dust emanated from the quarrying area has affected the surroundings including the ground water quality and causing inconvenience to the residents in the nearby area and also damage (if any) caused to the agricultural properties in the nearby area and also damage (if any) caused to the agricultural properties in the nearby neighboring area and Page 3 of 17
vii) Whether any environment damage has been caused on account of unscientific manner in which the quarry was conducted by the 8th respondent in both the places where he obtained Environmental Clearance (EC) and if so, the committee is directed to assess the environmental compensation to be recovered from him apart from providing remedial measures for restoring the damage caused to the environment.
The Committee is also directed to ascertain the Ambient Air Quality and also the ground water quality in that area and if there is any contamination caused, the committee is directed to suggest the remedial measures to resolve the same.
The respondents are also directed to file their independent response before this Tribunal to the allegations made in the application.
1.2. COMPOSITION OF THE COMMITTEE
a) In compliance to the Hon'ble National Green Tribunal [South Zone] order, the District Collector has nominated Tmt.S.Saraswathi, the Revenue Divisional Officer, Madurantakam vide Rc.10050/Mines/2021 dated 18.08.2021 as a member of Joint Committee for conducting inspection and submit detailed report of the subject quarry. (Annexure- 1 )
b) The Nodal Agency, the Director, Department of Geology and Mining vide Rc.No.5116/MM1/2021 dated 12.08.2021 has requested the District Collector, Tamil Nadu State Environment Impact Assessment Authority and the Chairman , Tamil Nadu Pollution Control Board, to nominate an officers from their Department as a member in the Joint Committee for conducting field inspection over the subject area.
(Annexure - 2)
c) The State Level Environment Impact Assessment Authority vide letter No. SEIAA-TN/NGT/O.A.No.156 of 2021/2021-1 dated 20.09.2021 had deputed Tmt. N.R.Kamala, Assistant Environment Engineer, SEIAA Tamil Nadu, Chennai as a member Page 4 of 17 of the Joint Committee. (Annexure - 3 )
d) The Member Secretary, Tamil Nadu Pollution Control Board vide letter No.TNPSC/LAW/LA-III/NGT/015570/2021 dated 12.08.2021 has nominated Er.D.Vasudevan, District Environmental Engineer, Chengalpattu District as a member of the Joint committee. (Annexure - 4 )
e) The Director, Department of Geology and Mining vide Rc.No.5116/MM1/2021/dated 21.08.2021 had nominated Thiru.A. Arumuganainar, Regional Joint Director, Department of Geology and Mining, Villupuram Region as a member of the Joint Committee. (Annexure - 5 )
f) Accordingly, the nominated members of the joint Committed is given as under.
1. Tmt.S.Saraswathi, Revenue Divisional Officer, - Member Madurantakam..
2. Er.D.Vasudevan, District Environmental Engineer - Member Tamil Nadu Pollution Control Board, ChengalpattuDistrict.
3. Thiru.A.Arumuganainar Regional Joint Director, Department Geology and Mining, - Member Villupuram Region.
4. Tmt.N.R.Kamala, - Member Assistant Environment Engineer, SEIAA Tamil Nadu, Chennai.
g) The Director, Department of Geology and Mining vide Rc.No.5116/MM1/2021/dated 12.10.2021 had nominated Thiru.K.Neelakandan, Sub-Inspector of Survey O/o the Deputy Director, Department of Geology and Mining, Krishnagiri as a member of the Joint Committee. (Annexure - 6 ) Page 5 of 17 OBSERVATION OF THE JOINT COMMITTEE
i) The Joint Committee had inspected the area under lease granted to 8th respondent Mr.S.Murali, Prasanna Blue Metals on dated 05.10.2021. During the time of inspection, the Assistant Director and Assistant Geologist, Special Revenue Inspector, Department of Geology and Mining, Kancheepuram. The District Environmental Engineer, Pollution Control Board, Maraimalainagar, Assistant Environmental Engineer, State Environment Impact Assessment Authority, Chennai, Revenue Divisional Officer, Madurantakam, Tahsildar, Madurantakam, Zonal Deputy Tahsildar, Madurantakam, Revenue Inspector, Madurantakam Firka the Head Surveyor, Madurantakam, Firka Surveyor and the Village Administrative Officer, Avarimedu were also present and assisted at the time of inspection.
ii) The Officials of Revenue and Survey Departments i.e., the Firka Surveyor and the Village Administrative Officer, Avarimedu Village and the Sub-Inspector of Survey, O/o the Deputy Director, Department of Geology and Mining, Krishnagiri had identified the boundaries of the area granted under lease in respect of leases mentioned by the petitioner in Avarimedu village and the dimensions of the quarried pit had been measured with Total Station instruments on 18.10.2021 and the same have been verified by the said Revenue and Survey department officials on 27.10.2021. The Topographical base plan and details of survey carried out by Thiru.K.Neelakandan, Sub- Inspector of Survey and submitted his sketch on 30.10.2021. (Annexure - 7)
iii) In then Kancheepuram District, presently Chengalpattu District a Rough stone and Gravel quarry leases had been granted in S.No.7/1A1 to the 8th respondent vide District Collectors Proceedings Rc.575/2010-Q1 dated 5.6.2013 and lease expired on 4.06.2018. Another a Rough stone and Gravel quarry lease had been granted in SF.Nos. 3/1, 3/2, 3/3, 3/4, 4/1A, 4/1B, 4/1C, 4/1D, Page 6 of 17 4/1E, 4/2A1, 4/2A2, 4/2A3, 4/2A4, 4/2A5, 4/2A6, 4/2C1, 4/2C2, 4/2C3 of Avarimedu village in Madurantakam Taluk vide Assistant Director, Geology and Mining, Chengalpattu Proceedings Rc. 505/2019-Q2 dated 24.10.2020 and lease period from 24.10.2020 to 23.10.2030. All the leased out areas are merged together and formed a single pit and part of the pit filled with water. Presently the 8th respondent having quarry lease for quarrying rough stone in S.No. 3/1, 3/2, 3/3, 3/4, 4/1A, 4/1B, 4/1C, 4/1D, 4/1E, 4/2A1, 4/2A2, 4/2A3, 4/2A4, 4/2A5, 4/2A6, 4/2C1, 4/2C2, 4/2C3 over an extentof 2.34.50 hect. in Avarimedu village of Madurantakam Taluk and the lease valid upto 23.10.2030. The details of lease granted in Avarimedu village are as follows:-
Sl. Name of the lessee and SF.Nos. Extent District Lease No address in hect. Collector's Period.
Proceedings.
1 S.Murali, 7/1A1 1.50.0 Rc.575/2010/ 05.06.2013
S/o.Subramanian, Q1 dated To
20/09, 5.06.2013 04.06.2018
Alamelupuram,
Mudichur Road,
Tambaram West,
Chennai-45.
2. S.Murali, 3/1, 3/2, 2.34.50 Rc.505/2019/ 24.10.2020
S/o.Subramanian, 3/3, 3/4, Q2 Dated To
AFF1,Alayam 4/1A, 4/1B, 24.10.2020. 23.10.2030 Thilagavathi 4/1C, 4/1D, Enclave, Kurunji 4/1E, 4/2A1, Nagar, 4/2A2, Ist Main Road, Old 4/2A3, Perunglathur, 4/2A4, Chennai-63. 4/2A5, 4/2A6, Since the lessee 4/2C1, Page 7 of 17 Thiru.S.Murali 4/2C2, expired therefore the 4/2C3 lease transfer vide Assistant Director Geology and Mining, Chengalpattu Proceedings Rc.No.505/Q2/2019 dated 01.07.2021 in the name of his wife M.Jayalakshmi W/o.S.Murali AFF1,Alayam Thilagavathi Enclave, Kurunji Nagar, Ist Main Road, Old Perunglathur, Chennai-63.
1.3(1) Lease I :- S.F.Nos.7/1A1, Over an extent of 1.50.00Hect.
i) A Rough Stone quarry lease has been granted for the period of five years to S.Murali for quarrying Rough stone and Gravel in patta survey numbers 7/1A1 over an extent of over an extent of 1.50.00 hectares of Avarimedu village, Madurantakam Taluk, Chengalpattu District vide Kanchipuram District Collector Proceedings Rc.No. Rc.575/2010-Q1 dated 05.06.2013. The lease deed was executed on
05.06.2013 and the lease valid upto 04.06.2018. (Annexure - 8 )
ii) The lessee has obtained Environmental clearance from the State level Environmental Impact Assessment Authority for a period of 5 years from the date of execution of lease deed vide Lr. No. SEIAA- TN/F.No.1072/EC/1(a)/299/2013 Dated. 15.05.2013 subject to the conditions stipulated therein for quarrying of Rough Stone in SF.No.7/1A1., to the tune of Rough stone 140725 cbm & 21962 cbm Page 8 of 17 of Gravel over a period of five years. (Annexure -9 )
iii) The lessee has also obtained TNPCB consent vide Proc.NO.F.SPR1712/RS/DEE/TNPCB/SPR/W&A/2013 dated 10.09.2013 valid up to Two years subject to comply with the conditions in the EC and quarry lease agreement. (Annexure -
10) and subsequently renewed up to 31.03.2018.
iv) The lessee has entered blasting work contract agreement with Thiru.K.Balasundaram Proprietor/Occupier of M/s.Lakshmi Explosives, No.24/A, Panankadu, Suriyampalayam Post, Thiruchenkodu Taluk, Namakkal District for extraction of quarrying mineral. On verification of register maintained by the lessee it is revealed that the blasting has been carried out by the manager of mines between 2 PM to 4 PM and also local enquiry conformed the blasting has not been done during the night time. (Annexure - 11).
1.3(2) Violations are observed during the inspection withinthe area granted under lease.
i) As per the lease granting order and lease deed conditions the lessee has not provided safety distance of 7.5 metres to the adjacent land in the west and northern side.
ii) Boundary pillars have not been erected and maintained all along the boundary of the lease granted area in good condition as per rule 36(4) of Tamil Nadu Minor Mineral Concession Rules 1959.
iii) The lessee has not maintained the 5m height and width of benches with 45 degree slope from horizontal in order to avoiding untoward incident as per regulation 106(2)(a) of the Metalliferrous Mines Regulation 1961 and also the lessee has not carried out the quarrying operations in a skilful, scientific and systematic manner keeping in view of proper safety of the labourers.
iv) The lessee has not monitored the quality of the ground Page 9 of 17 water once in 3 month and not conducted any air sampling survey in and around the quarry site as per EC conditions The lessee has not planted any green belt development around the boundary of the quarry site in manner to preservation of environment and ecology of the area as per rule 36 (5) (C) of Tamil Nadu Minor Mineral Concession Rules 1959.
v) As per the pit measurements, it is estimated that, a quantum of 4,51,710 M3 of rough stone and 23,440 M3 of weathered rock had been quarried within the lease hold area ie., in S.F.Nos.7/1A1 over an extent of over an extent of 1.50.00 hect.
vi) Mining operation is approved up to depth of 27 m (below ground level) in the mining plan / environmental clearance whereas the lessee has carried out the mining operation to maximum depth of 53 metres. The lessee had been removed 1,83,510 M3 of Rough stone and 23,440 M3 of weathered rock over and above the quantity approved in the mining plan from the area granted under lease in S.F.Nos. 7/1A1.
1.4(1) Lease II :- S.F.Nos. 3/1, 3/2 Etc Over an extent of 2.34.50 Hect.
i) A Rough Stone and Gravel quarry lease has been granted for the period of ten years to Tmt.M.Jayalakshmi for quarrying Rough stone and Earth in patta survey numbers 3/1, 3/2, 3/3, 3/4,4/1A, 4/1B, 4/1C, 4/1D, 4/1E, 4/2A1, 4/2A2, 4/2A3, 4/2A4, 4/2A5, 4/2A6, 4/2C1, 4/2C2, 4/2C3 over an extent of over an extent of 2.34.50 hectares of Avarimedu village, Madurantakam Taluk, Chengalpattu District vide Kanchipuram District Collector Proceedings Rc.No.505/Q2/2019/dated 24.10.2020. The lease deed was executed on 24.10.2020 and will be expired on 23.10.2030. (Annexure - 12 )
ii) The lessee has obtained Environmental clearance from the State level Environmental Impact Assessment Authority for a period of 5 years from State Level the date of execution of lease deed vide Lr.No.SEIAA-/TN/F.No.7553/1(a)/ EC.No.4405 /2020 Dated 21.10.2020 subject to the conditions stipulated therein for quarrying of Rough Stone and Gravel in SF.No.3/1, 3/2 etc., to the tune of Page 10 of 17 3,04,181 cbm and 34,354 cbm respectively. (Annexure - 13) iii ) The lessee has also obtained TNPCB consent vide CTO Proc.No.F.3110MMN/RS/DEE/TNPCB/MMN/W&A/2020 dated 19.10.2020 valid up to 31-03-2025 subject to comply with the conditions in the EC and quarry lease agreement. (Annexure - 14)
iv) The lessee has entered blasting work contract agreement with Thiru.K.Balasundaram Proprietor/ Occupier of M/s.Lakshmi Explosives, Tiruchengode, Namakkal District for extraction of quarrying mineral. (Annexure - 15) 1.4(2) Violations are observed during the inspection within the lease area.
i) As per the lease granting order and lease deed conditions the lessee has not provided safety distance of 7.5 metres to the adjacent patta land in the Eastern side.
ii) Boundary pillars have not been erected and maintained all along the boundary of the lease granted area in good condition as per rule 36(4) of Tamil Nadu Minor Mineral Concession Rules 1959.
iii) The lessee has not maintained the 5m height and width of benches with 45 degree slope from horizontal in order to avoiding untoward incident as per regulation 106(2)(a) of the Metalliferrous Mines Regulation 1961 and also the lessee has not carried out the quarrying operations in a skilful, scientific and systematic manner keeping in view of proper safety of the labourers.
iv) The lessee has not monitored the quality of the ground water once in 3 month and not conducted any air sampling survey in and around the quarry site as per EC conditions The lessee has not planted any green belt development around the bounty of the quarry site in manner to preservation of environment and ecology of the area as per rule 36 (5) (C) of Tamil Nadu Minor Mineral Concession Rules 1959.
v) As per the permit register of the Department of Geology and Page 11 of 17 Mining, Chengalpattu, the lessee has obtained transport permit for 12,600 cub. of Rough stone and 5,100 cub. of Gravel for the period upto 28.09.2021. Further, as per the pit measurements it is estimated that 1,54,501 cbm of Rough Stone and 23,208 cbm of weathered rock had been removed within the lease hold area. In this connection, it is observed that the lessee has quarried & removed 1,41,901 cbm. of rough stone and 23,208 cbm. of weathered rock exceeding the permitted quantity as per the permit register.
1.5. The quantity of rough stone permitted for production in the Approved Mining Plan / Environmental Clearance, the quantity for which transport permits obtained from the Office of the Assistant Director of Geology and Mining, Chengalpattu and the actual quantum of minerals quarried and removed within the lease hold area granted under lease-I & II of Avarimedu village of MadurantakamTaluk as tabulated below:-
Quantum Quantum of Quantum of of Actual quantity of minerals for Mineral mineral permitted minerals quarriedand Sl Lease which transport quarried and for production in removed . permits obtained transported the approved (in M3) N (in M3) unlawfully mining plan (in o (in M3) M3).
Roug Roug Weath Roug Weathered Roug
Gravel Gravel Gravel
h h ered h rock h
stone stone rock stone stone
1 2 3 4 5 6 7 8 9=(8-5)
9
1 Lease-I 21,962 1,40,725 Nil 2,68,200 - 23,440 4,51,710 23,440 1,83,510
2 Lease-II
34,354 3,04,181 5,100 12,600 5,100 23,208 1,54,501 23,208 1,41,901
Total 56,316 4,44,906 5,100 2,80,800 5,100 46,648 6,06,211 46,648 3,25,411
Thus, it is estimated that an quantum of 46,648 M3 of weathered rock and 3,25,411 M3 of rough stone has been quarried and removed from the lease hold area without payment of seigniorage fee and without obtaining despatch slips.Page 12 of 17
2. Illegal quarry in non-lease hold area:
i) The lessee has indulged illegal quarrying operation in the adjacent patta in S.F.Nos.5 & 6 over an extent of 0.31.00 hect. and illegally transported to the tune of 5,480 M3 of weathered rock and 12,696 M3 of rough stone and thereby the lessee contravened the sub section & (1A) of Section 4 of Mines and Minerals (Development and Regulation) Act, 1957.
ii) Dumping of Gravel and weathered rock was noticed in the Southern side i.e, in non lease hold area in S.F.Nos 244/6, 244/11 and 244/13of Sirunallur village. It is estimated that a quantum of 54078 M3 of gravel and weathered rock was dumped.
Abstract for Quantity of Minerals Quarried and Transported Unlawfully/Illegally Quantum of the Quantum of the Sl. S.F.Nos. Extent Mineral Illegally Mineral Illegally No. (in quarried (within quarried (Outside Hec.) the lease hold the lease hold area) area) Weath Rough Weath Rough ered stone ered stone rock (in M3) rock (in M3) (in M3) (in M3)
1. Lease - I 1.50.00 23,440 1,83,510 - -
2. Lease - II 2.34.50 23,208 1,41,901 - -
3. SF.No.5 & 6 0.31.0 - - 5,480 12,696 TOTAL 46,648 3,25,411 5,480 12,696
3. Environmental compensation and cost required for environmental damages Page 13 of 17 As per the CPCB guidelines the Environmental compensation shall be calculated as, Environmentalcompensation to be paid (EC) = Pl x N x R x S x LF Where, Pl Pollution index of industrial sector - For Red category [Sl. No. 1085] it is 60 to 100. An average value of 80 taken N Number of days of violation took place
(i) For Lease 1 & Lease 2 Actual quantity of minerals (rough 475150 m3 + 182809 m3 + stone and gravel) quarried and removed 18176 m3 = 676135 m3 Number of days of quarrying 1826 + 347 = 2173 operation from 05.06.2013 to 04.06.2018 and from 24.10.2020 to 05.10.2021 Quantity of minerals (rough 676135/2173 = 311.153 stone and gravel) quarried per m3 day Quantum of minerals (rough (268200 + 5100 +12600) stone and gravel) for whichtransport 285900 m3 permits obtained Number of days of quarrying 285900/311.153 = 918.84 operation carried legally (919 days) Number of days of quarrying 2173 - 919 = 1254 operation carried unlawfully / illegally Hence, it may be considered that the proponent has taken the excess mining days from the date of commissioning from 05.06.2013 to 04.06.2018 & 24.10.2020 to 05.10.2021 (1254 days) R = A factor in Rupees for EC is minimum of 100 and Page 14 of 17 maximum of 500. An average value of 250 taken for violation S = Factor for scale of operation (0.5 for small, 1.0 for medium and 1.5 for large scale). Hence 0.5 taken since it is small scale.
LF = Location factor (population from 1 to <5 million LF is 1.25).
EC = 80 x 1254 x Rs.250 x 0.5 x 1.25 = Rs.1,56,75,000/ (Rupees One Crore Fifty Six Lakhs Seventy Five Thousandonly) It is respectively submitted that the proponent may be issued with directions to remit the Environmental compensation of Rs.1,56,75,000/ (Rupees One Crore Fifty Six Lakhs Seventy Five Thousand only) under section 5 of Environmental [Protection] act, 1986 as amended after giving an opportunity to the project proponent.
4. Recommendations :-
i) For illegal and unlawful quarrying and transportation of 5,480 M3 of weathered rock and 12,696 M3 of Rough stone in non lease hold area Patta SF.No.5 and 6 of Avarimedu village, Madurantakam Taluk and for the unlawful quarrying and removal of 46,648M3 of weathered rock and 3,25,411M3 of Rough stone from the lease hold area necessary action has to be initiated by the concerned authority as per 36-A of Tamil Nadu Minor Mineral Concession Rules, 1959.
ii) For the violations of lease deed conditions, penalty action may be imposed in respect of such breach or may cancel the lease after granting an opportunity of hearing to the lessee as per the Rule 36 (5) (h) of Tamil Nadu Minor Mineral Concession Rules, 1959 after providing opportunity for personal hearing.
iii) Since at present further quarrying in the subject area is endanger to the life of the quarry workers, further quarrying may be allowed only after taking Page 15 of 17 remedial measures and after getting concurrence from the Director General of Mines Safety and District Collector.
iv) The committee recommends that the lessee shall deposit Environmental Compensation as appealed by Hon'ble National Green Tribunal (SZ) in the TNPCB - Environmental Compensation Fund payable at Chennai. The amount shall be used for restoration of environment and for necessary remedial and preventive measures in regard to environmental matters."
3. The Revenue Divisional Officer, Director of Mines, SEIAA - Tamil Nadu and the District Collector have filed their independent status reports.
4. Though they have quantified the amount for excess mining and also the environmental compensation, they have not mentioned as to whether any steps have been taken to recover the amount.
5. Mr. Moorthy, the learned counsel who proposed to appear for the wife of the 8th Respondent submitted that the 8th Respondent namely, Mr. Murali is no more.
6. When this was pointed out, the learned counsel appearing for the applicant submitted that he will take steps to implead the wife of the original 8th Respondent in whose favour the lease has been transferred and she is conducting the quarry at present.
Page 16 of 177. The applicant is directed to file an application for impleading the present lease holder and also amend the application incorporating the nature of violation committed by the subsequent lessee and also explain the nature of violation whether it was done during the period of original lessee's leasehold period or subsequently, in order ascertain the liability of the person and how the liability will have to be fixed.
8. The applicant is directed to file the necessary application as directed by this Tribunal on or before 25.02.2022.
9. For consideration of the application to be filed by the applicant, post on 02.03.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.156/2021 (SZ), 18th February 2022. Mn.
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