National Green Tribunal
Ashok G vs State Of Karnataka Rep. By Its ... on 29 September, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.16:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 271 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
G. Ashok and Ors. ... Applicant(s)
WITH
State of Karnataka,
Rep. by its Principal Secretary,
Department of Revenue,
Vidhana Soudha,
Bangalore and Ors. ...Respondent(s)
Date of hearing: 29.09.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. Ezhilan.
For Respondent(s): Mr. Rajat Jonathan Shaw represented
Mr. Darpan K.M. for R1, R2, R4 to R8.
Mr. R. Thirunavukarasu for R3.
Mr. K. Chandranath Ariga and
Mr. T.S. Gopalan for R11.
ORDER
1. The above case has been posted to today for consideration of further report.
2. On the basis of the directions given by this Tribunal, the Joint Committee has filed a report dated Nil, e-filed on 03.09.2021 and received on 04.09.2021 which reads as follows:-
REPORT OF JOINT COMMITTEE APPOINTED BY HON'BLE NATIONAL GREEN TRIBUNAL (NGT) IN O.A NO. 271 OF 2017 (SZ), AS PER ORDER, DATED 06.03.2020, 24.09.2020 & 24.06.2021 TO VERIFY THE COMPLIANCE STATUS OF M/s. SANIDHYA CRUSHER (Sri. D Harshendra Kumar), SY.NO.121/1B, 121/2, ANDINJE VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT & M/s. DURGAMABA CONSTRUCTIONS (Sri. Santhosh Kumar Shetty), SY.NO.3/17, 8, 18, ANDINJE VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT -REG.
Petitioners: Sri. Ashok.G and others Respondents: State of Karnataka, Bengaluru & Others., 1.0 Preamble:
In the matter of Original Application No 271 of 2017 (SZ) of Sri. Ashok G. and others Vs State of Karnataka, Bangalore & Others., the National Green Tribunal (NGT), Southern Bench has passed an order dated 6th March 2020 (Attached as Annexure-1 ) and directed that "Before going into the merits of the case and its maintainability regarding the cancellation of license or lease, we feel it appropriate to get a status of the operation of the mining/quarrying operation by respondent No. 10 & 11 in the disputed area and hence, appoint a Joint Committee comprising of District Collector, Dakshina Kannada District, Karnataka State Pollution Control Board, Senior Officer from the Department of Mines and Geology, Regional office, Ministry of Environment and Forest and Climate Change(MoEF&CC) Bangalore, to inspect the area in question and submit a status report as to whether the siting criteria has been complied with by the units, whether they are having all the requisite permission and license and clearances under the respective regulation of laws of the State of Karnataka, whether Pollution Control mechanism have been provided and whether they are in order, whether there is any violation in the operation of quarries including undertaking blasting, whether there is any pollution caused on account of the operation of the unit particularly in respect of air and noise to the neighbouring villages where the applicants are residing and whether sufficient green belt has been provided to avaoid dust pollution and sound pollution and is there any violation of excess mining/quarrying done by the respondents No.10 & 11 and if so, was any action taken including imposition of environmental compensation and submit a factual and action taken report to this tribunal through email within a period of two months.
Karnataka State Pollution Control Board will be the the nodal agency for co- ordination and also for providing necessary logistics for this purpose... "
As the Joint Committee could not submit the report on stipulated time to the Hon'ble Tribunal due to the COVID-19 situation and requested some more time to complete inspection and submit the report, hence the Hon'ble National Green Tribunal (NGT), Southern Bench, by considering the circumstances has passed an order dated 24th September 2020 (Attached as Annexure-2) and directed the Joint Committee to submit the report to the Hon'ble NGT on or before 09.11.2020 along with necessary documentations.
In compliance to Hon‟ble NGT Order, the Chairman, Karnataka State Pollution Control Board (KSPCB) constituted a committee vide Office Memorandum No. PCB /SEO/MIN/NGT/2020-21/ 2617, dated 05-10-2020 consisting of the following members, the copy of the same is enclosed as (Attached as Annexure- 3). Consitution of Committee as per Hon'ble NGT Order Sl.No Name & Designation Details 1 The District Collector, Dakshina KannadaDistrict Chairman 2 Senior Officer from Regional Office, Ministry Member of Environment, Forest & Climate Change, South Zone Office E-3/240, Kendriya Sadan, 4th Floor, E & F Wings, 17th Mai Road, 2nd Block, Koramangala, Bengaluru -560 034 3 Senior Officer from the Department of Mines and Geology, Member Khanija Bhavan, Race Course Road, Bengaluru-560 001 4 The Zonal Senior Environmental Officer, Member Karnataka State Pollution Control Board, Mangaluru 5 Environmental Officer, KSPCB, Mangaluru Member Convenor Joint committee inspected the said location on 16.10.2020 and submitted its report to the Hon‟ble NGT (Annexure-4). The Hon‟ble Tribunal granted time to the applicants to submit their objections, if any to the report. Subsequently, the applicants also filed their objections to the Joint Committee report (Annexure-5). The parawise reply to the objections of the applicants was submitted to the Hon‟ble tribunal by KSPCB in consultation with other committee members (Annexure-6).
During the course of hearing, Hon‟ble NGT passed an order dated:24.06.2021 where in the tribunal directed the Joint Committe as follows (Copy of the said order is enclosed as Annexure-7).
"Joint Committee has to be directed to inspect the quarry/crusher unit again without delay, at the time when the crusher units are in operation and ascertain the nature of pollution that is likely to be caused as complianed of by the applicant and then submit a fresh report to this Tribunal".
The Committee is directed to go into the objections filed by the applicant to the report submitted by the Joint Committee and ascertain those facts and report about the same as well in the report to be submitted. The Committee is directed to give notice of their inspection to the Learned Counsel appearing for the applicant, so that he can make his representation at the time of inspection and submit his objections, without obstructing the work of the Committee so that the Committee members can consider those objections also and file a report on those aspects as well.
The Committee is also directed to take into account the Joint Sport Inspection report relied upon by the applicant produced along with the application signed by Deputy Director (Incharge),Department of Mines and Geology, Mangalore, Additional Deputy Commissioner & Additional District Magistrate, Dakshina Kannada District, Mangalore and Geologist, Mines and Minerals Department, Mangalore, Dakshina Kannada District dated 24.10.2013 and consider those aspect also while preparing the report.
Suppose, the vibration test also has to be conducted the Committee is at liberty to avail the services of an expert on that aspect and submit a report on that aspect as well instead of deferring the same to a future date. For this purpose the 11th respondent is directed to conduct the vibration test while the quarry unit is operational, for the purpose of extraction of building stone for their crusher unit.
"The Committee is directed to submit the report to this Tribunal on or before 06.08.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules".
As per the Hon‟ble NGT order, the joint committee scheduled its inspection on 22.07.2021 at 11.00AM with prior intimation to the applicant as well as the crusher/quarry units. Copy of the notice No. 419 dated 12.07.2021 is enclosed as Annexure-8.
Inspection was carried out by the joint committee on 22.07.2021 headed by Dr. Rajendra K.V., I.A.S, Deputy Commissioner, Dakshina Kannda District. The copy of attendance sheet of the members/officers/complainants present during joint inspection is enclosed as Annexure-9.
The committee requested the Hon'ble tribunal to grant additional 4 weeks time vide letter enclosed as Annexure-10 to complete and submit its report. The Hon'ble Tribunal, by considering the circumstances has passed an order dated 06.08.2021 and directed the Joint Committee to submit the report on or before 06.09.2021 along with necessary documentations.
REPORT PERTAINING TO M/S. SANIDHYA CRUSHER (SRI. D. HARSHENDRA KUMAR), SY.NO.121/1B, 121/2, ANDINJE VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT Preliminary discussion were carried out at the site during inspection, both with the industries as well as with the applicants who were present at the site.
Observations made during inspection:
The stone crusher were in operation at the time of inspection. On spot, location details of Sanidhya crusher were captured infront of the complainants and its distances with respect to complainant‟s house and roads were measured by using Garmin GPS instrument.
The crusher area is covered by GI sheets and crusher boundaries have also covered with GI sheets windbreak wall all along the periphery adjacent to the road. The crusher operations were in compliance to the provisions of Sec 6 & 6A of Karnataka Regulation of Stone Crusher Amendment Act, 2013. The quarry was filled with rain water at the time of inspection. Quarry activity is carried out within the marked boundaries and there found no encroachment.
Generator set shed of crusher which is located outside the safer zone which is at a distance of 76 meters from the safer zone boundary. The crusher is being operated within the specified area as per the siting criteria i.e in safer zone. However, the building materials like graded jelly were stored outside the safer zone area belonging to the crusher owner.
The project authorities have covered crusher/ quarry area by natural vegetation. However, project authorities need to have more thick foliage plantations in the 7.5 buffer along the boundary.
Details of Licences obtained by the Stone crusher/Quarries:
Form B1 was issued by District Stone Crusher Licensing authority & Deputy Commissioner, Dakshina Kannada District, Mangalore for 1.50 acre safer zone vide No.21/2014 dated:10.09.2014 (Enclosed as Annexure-11). Form-C was issued by the District Stone Crusher Licensing authority & Deputy Commissioner, Dakshina Kannada District Mangalore vide License No.01/2014- 15/5623 dated:10.12.2014 valid upto 31.03.2019 (Annexure-12)and further renewed vide Licence vide No.:01(R-1)/2019-20/868 dated:01.07.2019 is valid upto 31.03.2024 (Enclosed as Annexure-13). Further validity of Form-C was extended upto 31.03.2033 (Copy enclosed as Annexure-14).
The crusher authorities have valid Consent for Operation issued under the Water Act,1974 and Air Act, 1981 vide Combined Consent No. AW-314594 dated :04.09.2019 and having validity upto 31.03.2024 (Enclosed as Annexure-15). Environmental Clerance under EIA Notification,2006 for the quarries Quarry Leases have been obtained from District Level Environmental Impact Assessment Authority, Dakshina Kannda as follows:
1. EC for Quarrying of building stone at Sy.No.95/1P1 extent of 1.20 acres Govt land vide No.DEIAA/DK/01/MIN/2018-19 dated: 08.07.2016 (Annexure-
16).
2. EC for Quarrying of building stone at Sy.No.95/1 extent of 6.50 acres Govt land vide No.DEIAA/DK/06/MIN/2018-19 dated:16.08.2018 (Annexure-17).
3. EC for Quarrying of building stone at SY.No.129/2 extent 1.34 acres Private land vide No. DEIAA/DK/02/MIN/2018-19 dated:16.08.2018 (Annexure-18).
Quarry Leases have been obtained from Department of Mines and Geology, Dakshina Kannada as follows:
1. Quarry lease No. DKD-117: Sy.No.95/1P1 extent of 1.2 acres in Govt land , granted on date:06.08.2008, renewed on date:14.07.2016 and further extended for 20 years from the date of grant i.e, upto 06.08.2028 (Annexure-19).
2. Quarry lease No. DKD-391: SY.No.95/1 extent of 6.50 acres in Govt land granted on date :01.10.2018 for a period of 20 years (Annexure-20).
3. Quarry lease DKD-392: SY.No.129/2 extent 1.34 acres in Private land granted on date :01.10.2018 for a period of 20 years (Annexure-21).
Table 2: Permissions/Licenses/clearances issued by various Competant Authorities is as follows:
Sl.No. Permissions/Licenses Validity Issuing Authority 1 Form B1 Obtained District Stone Crusher Licensing authority & Deputy 2 Form-C 31.03.2033 Commissioner, Dakshina Kannada District, Mangalore 3 Consent for Operation 31.03.2024 RSEO,KSPCB,ZO Mangaluru 4 Environmental Clerance for the Member Secretary quarries District level Environmental Sy.No.95/1P1 extent of 1.2 acres Impact Assesment Authority, Sy.No.95/1 extent of 6.50 acres Obtained D.K. Sy.No.129/2 extent 1.34 acres 5 Quarry Leases 10 years Sy.No.95/1P1 extent of 1.2 acres (2028) Department of Mines and Sy.No.95/1 extent of 6.50 20 years Geology, Dakshina Kannada.(2038)
Sy.No.129/2 extent 1.34 20 years (2038) Grievances/views expressed by the applicant The committee requested the applicants to express their views/concerns on operation of the crusher and quarry. The Counsel Sri Chidanada Poojary who was present on behalf of Sri Ashok Devadiga, Sri Ashok Devadiga who was also present himself and Vasanth Devadiga expressed their views as follows:
Distance from the safer zone to the near by road is not as per standards:
The distance was measured from the nearest co-ordinates to the road (falls under other road category). Distance measured was recorded as 51 m. They are facing problem due to quarry activity mainly during blasting operations, the houses are damaged, borewells are failed.
At the time of inspection, Vibration tests were conducted by the experts from National Institute of Technology, Karnataka, Surathkal to the ascertain the nature of vibrations generated during blasting in the quarry. However, the complianants alleged that blasting is not carried out in full capacity. The committee opined to to conduct vibration test once again with full blasting capacity. Once again on 29.07.2021 vibration test has been again conducted in presence of complainant and mahazar was drawn (Annexure-22) Photography and vediogrpahy of blasting activity and vibration test was also done (Annexure-23).
The vibration test report submitted by Dr. K. Ram Chandar, Dept. of Mining Engineering, NITK-Surathkal (Govt. of India) concludes that in India, the Directorate General of Mines Safety (Government of India) have suggested safe limits of ground vibrations for different categories of structures, with different frequencies as per (DGMS (Tech) (S&T) Circular No.7 of 1997 Dhanbad, dated the 29th August, 1997). Based on the above criteria, a residential house can be given a permissible PPV of 5mm/s. During the field studies carried out at the quarry of Sri. Harshendra Kumar, it can be stated that the ground vibrations generated from blasting operations carried out on 22nd July 2021 & 29th July 2021 do not have any effect on the houses of Sri. Vasanth Devadiga and Sri. Ananda. Detailed report enclosed as Annexure-24.
Agricultural crops are lost due to dust nuisance, discharge of dust into the nalha water Flow of stone dust in the natural drain storm water: The water sample from the storm water drain was collected and submitted to NITK for analysis. The analysis report dated: 06.08.2021 reveals that all the parameters are well within the standard. Copy of report enclosed as Annexure-25.
Contamination of Open well water:
Water samples of open well belonging to Sri Vasanth Devadigas residence at Kadambila House, Andinje Village , Belthangadi Taluk, D.K District were collected and submitted to NITK for analysis. The analysis report dated:06.08.2021 reveals that the parameters are well within the tolerance limit as per IS 10500-2012 except for pH & Coliform. Copy of report enclosed as Annexure-26.
Loss of agricluture yields:
In this regard opinion of the agriculture department was sought and the Joint Director of agriculture, Dakshina Kannada has opined that currently no damage has been noticed in 30 day old standing crop ( Annexure-27).
The salient features along with distance and GPC Co-ordinates around the quarry and the stone crusher are seen in the map shown below:
On spot, location details of Sanidhya crusher were captured infront of the complainants and its distances with respect to complainant‟s house and roads were measured by using Garmin GPS instrument which are as follows:
Distance and GPC Co-ordinates around the quarry and the Stone crusher Points Latitude Longitude A N 13° 03‟ 07.50‟‟ E 75° 08‟ 35.90‟‟ Sanidhya Crusher B N 13° 03‟ 09.70‟‟ E 75° 08‟ 36.10‟‟ Safer Zone Area C N 13° 03‟ 10.10‟‟ E 75° 08‟ 33.50‟‟ D N 13° 03‟ 08.30‟‟ E 75° 08‟ 32.40‟‟ FROM TO GPS DISTANCE COORDINATES Sanidhya Crusher DG set house N13° 03‟ 5.36‟‟ 76 Meter Safer Zone Area E 75° 08‟ 33.94‟‟ (A-D boundary line) Sanidhya Crusher Vasanth Devadiga 125 Meter ( D Point) house N 13°03‟ 4.51‟‟ Sanidhya Crusher E 75° 08‟ 32.46‟‟ 140 Meter ( A Point) Sanidhya Crusher Nearest Road N 13° 03‟ 8.20‟‟ 51 Meter ( D Point) E 75° 08‟ 30.77‟‟ Distance between Diesel Generator set shed of crusher and Safer Zone boundary line of Sanidhya crusher ( from point A-D ) is 76 Meter Distance between D point and A point of Safer zone boundary of Sanidhya crusher and Vasanth Devadiga house is 125 meters and 140 meters respectively.
Distance between D point of Safer zone boundary of Sanidhya crusher and nearest road is 51 meters No school and temple exists at a distance of 500 meters from the safer zone. Distance from Quarry and Surrounding Feature Points Latitude Longitude A N 130 03' 12.50'' E 750 08' 37.00'' Quarry lease No.117 B N 130 03' 12.60'' E 750 08' 38.00'' Harshendrakumar C N 130 03' 08.90'' E 750 08' 39.40'' SY.NO.95/1 extent D N 130 03' 09.00'' E 750 08' 37.40'' 1.20acres Govt land Nearest House (Sri.Vasantha Devadiga) 200M away.
Nearest Approach ROAD 200M away.
Complainant-1 Ashok G house - 834M away Complainant- 2 Ananda P - 627M away.
Nearest Residences-12 houses (500M away)
Points Latitude Longitude
A N 130 03'13 .80'' E 750 08' 37.30''
Quarry lease
B N 130 03' 14.90'' E 750 08' 41.20''
NO.391
C N 130 03' 18.60'' E 750 08' 42.40''
Harshendrakumar
D N 130 03' 22.70'' E 750 08' 40.60''
SY.No.95/1 extent
E N 130 03' 22.90'' E 750 08' 38.60''
6.50 acres Govt land
F N 130 03' 20.91'' E 750 08' 37.85''
G N 130 03' 20.10'' E 750 08' 39.10''
H N 130 03' 19.60'' E 750 08' 38.50''
I N 130 03' 18.70'' E 750 08' 39.50''
J N 130 03' 18.00'' E 750 08' 39.20''
K N 130 03' 18.40'' E 750 08' 37.60''
L N 130 03' 17.70'' E 750 08' 37.90''
Nearest House (Vasantha) 324M away ,
Nearest Approach ROAD 210M away,
Complainant 1 Ashok G house - 680M away
Complainant-2 Ananda maiekudiya - 517M
away.
Nearest Residences-12 (305M away.
Quarry lease No.392 Points Latitude Longitude
A N 130 03' 17.70 E 750 08' 37.90''
Harshendrakumar
SY.NO.129/2 extent B N 130 03' 17.70 E 750 08' 36.70''
1.34 acres Private C N 130 03' 21.10 E 750 08' 37.40''
land D N 130 03' 20.30 E 750 08' 39.20''
E N 130 03' 19.00 E 750 08 38.70''
F N 130 03' 18.70 E 750 08 39.50''
G N 130 03' 18.00 E 750 08 39.20''
H N 130 03' 18.40 E 750 08 37.60''
Nearest House Vasantha 324M away
Nearest Approach Road 250M away
Complainant-1 Ashok G house - 840 M away,
Complainant-2 Ananda maiekudiya - 517M
away, Jagadhish - 440 M away,
Nearest Residences-12 houses (305M away)
Compliance Status of Stone Crusher Unit to Consent order No AW-314594 dated:
04.09.2019 and having validity upto 31.03.2024 of KSPCB:
The Consent for Operation issued by KSPCB under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 vide No. Combined Consent No. AW-314594 dated:04.09.2019 and having validity upto 31.03.2024.
Further, compliance to consent conditions issued by this KSPCB was verified and found that the compliance is satisfactory. Industry has implemented physical measures for controlling the dust emissions at the site, such as, covering of the Jaw crushers, secondary crushers and vibratory screens, covering the conveyor belts with semi-circular sheets, providing wind breaking walls, etc., However, there is gap with respect to regular ambient air quality and noise monitoring and submission of reports by the crusher Authorities from time to time to the statutory body.
Sl No. Conditions Compliance Status
1. The jaw crusher, the chute and conveyor Jaw Crusher, Conveyor systems are system of crushed stone to be covered covered with semi circular GI sheets. with suitable semi circular M.S. Sheet /Zinc sheet, etc. Suitable exhaust and venting system of adequate capacity to be provided to guide the dust emanating from the crushers into the stack.
2. The rotary screen to be completely There is vibratory screen instead of covered, leaving space at bottom for rotary screen and the same is covered collection of the sieved jelly. with GI sheets
3. The conveyor belts, chutes especially Conveyor belts & chutes are covered carrying smallest particles should be with GI sheets. covered with semi circular M.S. Sheets Closed bunker provided for loading of and heaps shall be located in appropriate finished products. sheds wherever possible with all possible arrangements to prevent escape of dust during loading and unloading operation.
4. The Suspended Particulate Matter as The industry is not submitting the measured at a distance between 3 m & 10 AAQM monitoring reports. m from any source of dust emission shall However, the monitoring conducted not exceed 600 µg/nm3. The by the KSPCB on 22.07.2021 reveals measurements are to be made at least once that the suspended particulate matter in 6 months every year and report shall be is 27.9 µg/m3 at 3 m and 50.02 µg/m3 submitted to the Board. at a 10 m. The results are within the permissible limits.
5. Suitable Water sprinkling system shall be Jaw Crushers, Conveyors & Vibratory provided to reduce the dust from each dust screens are provided with water generation area. sprinkling system.
6. The Industry shall provide all around Provided about 15-20 feet GI sheet covering of the premises by using G.I. compound wall on 3 sides and sheet (1.66 mm and 1.25 mm thickness) provided with water sprinkling for a height of 6 m with regular water systems. The fourth side is stone hill sprinkling arrangement to suppress the which is part of the quarry. dust generation.
7. The applicant shall provide barricades Provided about 15-20 ft. GI sheet (G.I. Sheets)/Wind breaking walls of boundary wall on 3 sides. height 20 feet on all three sides of the crusher area.
8. Noise level as measured from the Industry is not submitting the periphery of the industry should not monitoring report of noise levels. exceed 75 dB (A) leq during day time & The Noise level monitoring was 70 dB (A) leq during night time conducted by KSPCB on 22.07.2021 reveals that the noise levels during day time is 63.4 dB(A)and at night its 58.2 dB(A) and the noise levels are within the stipulated norms.
The applicant shall adopt following
pollution control measures.
9. 1. Crusher units are covered with GI
1. Dust containment-cum-suppression sheets and provided with water
system for the equipment. sprinkler systems for dust
suppression.
2. Construction of wind breaking
2. Wind breaking walls provided.
walls.
3. Provisions made for regular
3. Regular cleaning and wetting of wetting of the ground within the
the ground within the premises. premises by the industry.
4. Planted trees and saplings along
4. Greenbelt along the periphery. the periphery of the crusher unit
5. Metalled Roads inside the Crusher 5. Not done metalled road within the premises. premises.
10 The applicant shall provide a roof with Complied gradual slope/ Curvature so as to prevent accumulation of water and have an easy flow.
11 The applicant shall provide telescopic Closed bunker provided at loading chutes at product conveyor unloading to point of the vehicle. prevent dust release into the atmosphere during free fall of material from heights and also these chutes shall be adjustable in length according to size of the heap.
Compliance made with respect to the conditions stipulated under Section 6A-(2) (1-
3) and 6A-(2)(4) of the Karnataka Regulation of Stone Crushers (Amendment) Rules, 2013.
Stipulated conditions Compliance made by the crusher authorities Stone crushers shall provide 15 to 20 feet Crusher unit is covered by 15-20 feet GI wall/GI sheet protection on all the three sides sheet on all the sides. in addition to the air pollution control measures.
Provide material transfer point such as hopper bottom/product unloading conveyor Conveyor belts are covered with GI to be covered suitably to prevent dust release Sheet into the atmosphere Ensure that where complete enclosures are Primary crusher- covered with GI not possible such as openings in jaw crushers sheet side and bottom they are to be covered Secondary Crushers- Covered suitably with GI sheets/ rubber flap or any with GI Sheet other material to prevent dust release into the Vibratory Screens- covered with atmosphere GI sheet Conveyor belts - Covered with GI Sheet Ensure that telescopic chutes are provided at Bunker System Adopted product unloading conveyor to prevent dust release into the atmosphere during free fall of material from height. These chutes can be adjusted in length according to size of the heap.
Provide effective dust suppression system Crusher authorities have provided water comprising of spraying of fine water mist sprinkling system at crusher points & in through special nozzles shall be carried out the surroundings also. over the dust generation sources to suppress the dust cloud All stone crushing units shall provide Crusher location is surrounded with adequate green belt comprising evergreen green cover naturally. They have also high foliage type of trees like Neem, provided plantations at the entrance and tamarind, gold Mohar, flame of the forest and around the crusher plant. any other Monitoring of Ambient air quality:
KSPCB has conducted the ambient air quality monitoring through M/s. Hubert Enviro Care Systems Pvt. Ltd., Baikampady Mangalore (NABL empanneled and MOEF &CC recognised Laboratory) at the distance of 3m and 10 m away from the crusher on 22.07.2021 for the analysis of Suspended particulate matter. Monitoring was carried out for 24 hrs and the results of analysis obtained are meeting the NAAQM standards. Results of monitoring are as below:
Date of Sampling location SPM - µg/m3 Standard (NAAQ sampling (24 hr Avg) CPCB Standard) 22.07.2021 3m from Crusher Site 29.7 (200 µg/m3) 22.07.2021 10m from Crusher Site 5.02 Monitoring of analysis report reveals that the parameter SPM is well within the permissible standards. The analsysis report is enclosed as Annexure-28.
Monitoring of Noise: The Noise level monitoring was conducted by KSPCB through M/s. Hubert Enviro Care Systems Pvt. Ltd., Baikampady Mangalore (NABL empanneled and MOEF &CC recognised Laboratory) on 22.07.2021 reveals that the noise levels during day time is 63.4 dB(A)and at night its 58.2 dB(A) and the noise levels are within the stipulated norms Analysis report is enclosed as Annexure-29.
Photos were taken during joint inspection are enclosed as Annexure- 30.
Concluding Remarks of the Committee:
All the three quarries are having Environmental Clearance from DEIAA, Manglore and are having valid quarry lease.
Stone crusher is established in the safer zone which meets the required criteria mentioned in the The Karnataka Regulation of Stone crushers Act, 2011 as amended in 2013 and licence is extended further for twenty years as per gudie lines issued in the Karnataka Regulation of Stone crushers Amendement Act, 2020. However, the distance measured from the nearest co-ordinates to the road (falls under other road category), distance measured was 51 m.
The crusher is being operated within the specified area as per the siting criteria i.e in safer zone. However, the building materials like graded jelly were stored outside the safer zone area belonging to the crusher owner.Any such material to be stored within the safer zone only.
The Consent for Operation issued by KSPCB under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 vide No. Combined Consent No. AW-314594 dated:04.09.2019 and having validity upto 31.03.2024. The Form-C issued by the District Stone Crusher Licensing authority vide No.01(R-1)/2019-20/868 dated:01.07.2019 is valid upto 31.03.2024.
Regarding compliance of the stone crusher to the consent order of KSPCB, the industry has provided the air pollution control mechanism such as covering of the primary and secondary crushers units, conveyor belts, vibratory screens, providing of wind breaking walls etc., for containing the fugitive dust emissions from these non-point sources of pollution, however, there is gap with respect to compliance monitoring and reporting to the statutory body from time to time by the crusher authorities.
Generator set shed of crusher which is located outside the safer zone placed at a distance of 76 meters from the safer zone boundary, it is required to be shifted within the safer zone area.
Ambient air quality monitoring results with respect with SPM are within are within the prescribed National air quality standards. The Noise level monitoring levels are within the stipulated norms. At present, the agricultural crops were not affected due to the said activity. The house of Sri Vasanth Devadiga A-2 is not affected to due blasting activity as per the vibration test report.
The quarry authorities have not submitted the mandatory half yearly EC compliance report to the concern departments and there are ceratin non- complainces of EC conditions to which the project authority has been directed to take necessary action and comply with the EC conditions and submit report by first week of October, 2021 . Any failure will attract enforcement action under the Environment (Protection) Act,1986 for EC violation by SEIAA, Karnataka as per the S.O 637(E) dt 28.02.2014. Copy of notices issued to Quarry authorities is enclosed as Annexure-31.
There is a scope to take up more plantation in the area surrounding quarry and crusher as per EC Condition.
3. REPORT PERTAINING TO M/s. DURGAMABA CONSTRUCTIONS (Sri.Santhosh Kumar Shetty),SY.NO.3/2,8,11,17&18, ANDINJE VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT Observations made during inspection:
The stone crusher were in operation at the time of inspection. The crusher and quarry is being operated within the designated area as per the siting criteria i.e stone crusher in safer zone and quarry within marked boundaries The quarry was filled with rain water at the time of inspection.. The quarry activity is carried out within the marked boundaries and there found no enchroachment.
The crusher operations were in compliance to the provisions of Sec 6 & 6A of Karnataka Regulation of Stone Crusher Amendment Act, 2013. The project authorities have covered crusher/ quarry area by natural vegetation. However, project authorities need to have more thick foliage plantations in the 7.5 buffer along the boundary.
The crusher area is covered by GI sheets and crusher boundaries have also covered with GI sheets windbreak wall The sample of water collected from the storm water drain passing from nagabana katta pond near the premises of M/s. Durgamba Crusher and the sample was submitted to Department of Chemical Engineering, NITK, Surathkal as per the request made by the applicants.
Details of Licences obtained :
Form B1 was issued by District Stone Crusher Licensing authority & Deputy Commissioner, Dakshina Kannada District, Mangalore 2.0 acre safer zone vide No.02/2015-16/2393 dated:31.07.2015 (Enclosed as Annexure-32). Form-C was issued by the District Stone Crusher Licensing authority & Deputy Commissioner, Dakshina Kannada District Mangalore vide License No.38/2016- 17/657 dated:02.05.2016 valid upto 31.03.2021 (Enclosed as Annexure-33 )and further renewed vide Licence vide No.:DK/SCL 38 /2020-21/397 dated:26.04.2021 is valid upto 31.03.2036 (Annexure- 34).
The Consent for Operation issued under the Water Act,1974 and Air Act, 1981 vide Combined Consent No. AW-323667 dated :08.02.2021 and having validity upto 30.09.2030. (Annexure-35 ).
Environmental Clerance under EIA Notification,2006 for the quarries Quarry Leases have been obtained from State Level Environmental Impact Assessment Authority, Karanataka as follows:
1. EC for Quarrying of Building Stone at Sy.No.136/3 extent of 2.70 acres patta land vide No.SEIAA/1350/MIN/2015 dated:07.01.2016 (Annexure- 36).
Department of Mines and Geology, Dakshina Kannada has granted the Quarry Lease in favour of Sri Santhosh Kumar Shetty.
Quarry lease No. DKD-360: SY.No.136/3 extent of 2.70 acres patta land renewed dated:26.05.2016 and extended upto 20 years from 26.05.2016 (Annexure- 37). Permissions/Licenses/clearances issued by various Competant Authorities is as follows:
Sl.No. Permissions/Licenses Validity Issuing Authority 1 Form B1 Obtained District Stone Crusher Licensing authority & 2 Form-C 31.03.2036 Deputy Commissioner, Dakshina Kannada District, Mangalore 3 Consent for Operation 30.09.2030 RSEO,KSPCB,ZO Mangaluru 4 Environmental Clerance for Member Secretary the quarries State level Environmental Sy.No136/3 extent of 2.70 Impact Assesment Authority, Obtained acres patta land Karnataka 5 Quarry Lease -DKD-360 Department of Mines and Geology, Dakshina Kannada.
Sy.No136/3 extent of 2.70 20 years
acres patta land (2036)
Grievances/views expressed by the applicant The committee requested the applicants to express their views/concerns on operation of the crusher and quarry. The Counsel Sri Chidanada Poojary who was present on behalf of Sri Ashok Devadiga, Sri Ashok Devadiga who was also present himself and Vasanth Devadiga expressed their views as follows:
Concern regarding the diversion of storm water drain: The committe opined and made it clear that there were no such physical changes/diversions caused to the drain as alleged. Regarding distance of Durgamba Quarry to the Bramharapadavu Forest: As per the records available with the Forest Division of MoEF & CC, the Bramharapadavu is not a Reserve Forest. Further, the Environmental Clearance granted to the project did not stipulate any buffer distance to be maintained between the quarry and the above forest. It may also be noted that the above issue has not been raised by the applicant either in their Original Application or his objections submitted on the Report of Joint Committee.
Regarding the flow of stone dust in the natural storm water drain and loss of plantation yields:
Flow of stone dust in the natural drain storm water: KSPCB has collected samples of storm water from the drain passing from nagabana katta pond near the premises of M/s. Durgamba Crusher and samples were submitted to Chemical Engineering Department, National Institute of Technology, Surathkal for analysis as per the request made by the applicant. The analysis report dated:06.08.2021 reveals that all the parameters are well within the standard except marginal increase of oil & grease. Copy of report enclosed as Annexure-38. Loss of agricluture yields:
In this regard opinion of the Horticulture department was sought and the Deputy Director of Horticulture, Dakshina Kannada has opined that currently no damage was visualized during their visit and horticultural crop growth did not show adverse. Copy of report enclosed as Annexure-39.
The salient features around the quarry and the stone crusher are seen in the map shown below:
Salient features around the quarry and the stone crusher along with Google Map Durgamba stone Crusher Unit Nearest House Jagadhish Poojari 190M away.
Nearest Approach ROAD 424 M away Complainant-1 Ashok G house - 859 M away.
Crusher Safer Zone Area Complainant -2 Ananda P - 574M away. SY.NO.3/2,8,11,17&18 Krishnappa poojari - 430M away.
Prashanth Poojari-300 M away.
Nearest Residences-12 houses (300M away)
Nagarakatte (Pond)-165 m
Points Latitude Longitude
Quarry Lease No. 360 A N 130 03‟ 24.78 E 750 08‟ 42.84‟‟
Sri.Santhosh kumar B N 130 03‟ 24.72 E 750 08‟ 45.54‟‟
shetty. C N 130 03‟ 20.70 E 750 08‟ 47.50‟‟
Sy.No. 136/3 in Private D N 130 03‟ 20.28 E 750 08‟ 44.10‟‟‟
land E N 130 03‟ 21.90 E 750 08‟ 43.70‟‟
F N 130 03‟ 22.02 E 750 08‟ 44.40‟‟
G N 130 03‟ 24.00 E 750 08‟ 43.80‟‟
H N 130 03‟ 24.18 E 750 08‟ 43.02‟‟
Nearest House Sri .Jagadhish Poojari-380M
away.
Nearest Approach ROAD 424M away
Complainant-1 Sri.Ashok G house - 552M
away.
Complainant-2 Sri.Ananda P - 268M away,
Sri.Krishnappa poojari - 440M away,
Nearest Residences-12 (420M away)
Nagarakatte (kere)-380m
The Consent for Operation issued by KSPCB under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 vide No. Combined Consent No. AW-323667 dated:08.02.2021 and having validity upto 30.09.2021 and extended upto 30.09.2030.
Following are the Compliance Status of Stone Crusher Unit to Consent order No AW-323667 dated:08.02.2021 and having validity upto 30.09.2021 of KSPCB:
Sl Conditions Compliance Status No
1. The jaw crusher, the chute and conveyor Jaw Crusher, Conveyor systems are system of crushed stone to be covered with covered with semi circular GI sheets. suitable semi circular M.S. Sheet /Zinc sheet, etc. Suitable exhaust and venting system of adequate capacity to be provided to guide the dust emanating from the crushers into the stack.
2. The rotary screen to be completely covered, There is vibratory screen and the leaving space at bottom for collection of the same is covered with GI sheets sieved jelly.
3. The conveyor belts, chutes especially carrying Conveyor belts & chutes are covered smallest particles should be covered with semi with GI sheets. circular M.S. Sheets and heaps shall be located in appropriate sheds wherever possible with all possible arrangements to prevent escape of dust during loading and unloading operation.
4. The Suspended Particulate Matter as measured The industry is not submitting the at a distance between 3 m & 10 m from any AAQM monitoring reports. source of dust emission shall not exceed 600 However, the monitoring conducted µg/nm3. The measurements are to be made at by the KSPCB on 22.07.2021 reveals least once in 6 months every year and report that the suspended particulate matter shall be submitted to the Board. is 34.2 µg/m3 at 3 m and 56.9 µg/m3 at a 10 m. The results are within the permissible limits.
5. Suitable Water sprinkling system shall be Jaw Crushers, Conveyors & provided to reduce the dust from each dust Vibratory screens are provided with generation area. water sprinkling system.
6. The Industry shall provide all around covering Provided 15-20 feet GI sheet of the premises by using G.I. sheet (1.66 mm compound wall on 3 sides and and 1.25 mm thickness) for a height of 6 m provided with water sprinkling with regular water sprinkling arrangement to systems. suppress the dust generation.
7. The applicant shall provide barricades (G.I. Provided 15-20 ft. GI sheet boundary Sheets)/Wind breaking walls of height 20 feet wall on 3 sides. on all three sides of the crusher area.
8. Noise level as measured from the periphery of Industry is not submitting the the industry should not exceed 75 dB (A) leq monitoring report of noise levels. during day time & 70 dB (A) leq during night The Noise level monitoring was time conducted by KSPCB on 22.07.2021 reveals that the noise levels during day time is 63.4 dB(A)and at night its 58.2 dB(A) and the noise levels are within the stipulated norms.
9. The applicant shall adopt following pollution Crusher units are covered with control measures. GI sheets and provided with Dust containment-cum-suppression water sprinkler systems for system for the equipment. dust suppression.
Construction of wind breaking walls. Wind breaking wall provided.
Regular cleaning and wetting of the Provisions made for regular ground within the premises. wetting of the ground within the premises by the industry.
Greenbelt (flora) along the periphery.
Planted trees and saplings
Metalled Roads inside the Crusher
along the periphery of the
premises.
crusher premises.
Not done metalled road within
the premises.
10 The applicant shall provide a roof with gradual Complied
slope/ Curvature so as to prevent
accumulation of water and have an easy flow.
11 The applicant shall provide telescopic chutes at Closed bunker provided at loading
product conveyor unloading to prevent dust point of the vehicle. release into the atmosphere during free fall of material from heights and also these chutes shall be adjustable in length according to size of the heap.
Compliance made with the conditions stipulated under Section 6a-(2) (1-3) and 6a- (2)(4) of the Karnataka Regulation of Stone Crushers (Amendment) Rules, 2013.
Stipulated conditions Compliance made by the crusher authorities Stone crushers shall provide 15 to 20 feet wall/GI Crusher unit is covered by 15-20 feet GI sheet protection on all the three sides in addition sheet on all the sides. to the air pollution control measures.
Provide material transfer point such as hopper bottom/product unloading conveyor to be Conveyor belts are covered with GI covered suitably to prevent dust release into the Sheet atmosphere Ensure that where complete enclosures are not Jaw crusher- covered with GI possible such as openings in jaw crushers side sheet and bottom they are to be covered suitably with Vibratory Screens- covered with GI sheets/ rubber flap or any other material to GI sheet prevent dust release into the atmosphere Conveyor belts - Covered with GI Sheet Ensure that telescopic chutes are provided at Telescopic chutes are provided product unloading conveyor to prevent dust release into the atmosphere during free fall of material from height. These chutes can be adjusted in length according to size of the heap.
Provide effective dust suppression system Crusher authorities have provided water comprising of spraying of fine water mist sprinkling system at crusher points & in through special nozzles shall be carried out over the surroundings also. the dust generation sources to suppress the dust cloud All stone crushing units shall provide adequate Crusher location is surrounded with flora (green belt) comprising evergreen high green cover naturally. They have also foliage type of trees like Neem, tamarind, gold provided plantations at the entrance and Mohar, flame of the forest and any other around the crusher plant.
Further, compliance to consent conditions issued by this KSPCB was verified and found that the compliance is satisfactory. Industry has implemented physical measures for controlling the dust emissions at the site, such as, covering of the Jaw crushers, and vibratory screens, covering the conveyor belts with semi-circular sheets, providing wind breaking walls, etc., However, there is gap with respect to regular ambient air quality and noise monitoring and submission of reports from time to time to the statutory body.
Monitoring of Ambient air quality in the stone crusher premises:
KSPCB has conducted the ambient air quality monitoring through M/s. Hubert Enviro Care Systems Pvt. Ltd., Baikampady Mangalore (NABL empanneled and MOEF &CC recognised Laboratory) at the distance of 3m and 10m from the crusher site on 22.07.2021 for the analysis of parameters Suspended particulate matter. Monitoring was carried out for 24 hrs and the results of analysis obtained are meeting the NAAQM standards. Results of monitoring are as below:
Date of Sampling location SPM - µg/m3 Standard(NAAQ sampling (24 hr Avg) CPCB Standard) 22.07.2021 3 m from Crusher Site 34.2 (200 µg/m3) 22.07.2021 10 m from Crusher Site 56.9 Monitoring of analysis report reveals that the parameter SPM is well within the standards.
The analsysis report is enclosed as Annexure-40.
Monitoring of Noise: The Noise level monitoring was conducted by KSPCB through M/s. Hubert Enviro Care Systems Pvt. Ltd., Baikampady Mangalore (NABL empanneled and MOEF &CC recognised Laboratory) on 22.07.2021 reveals that the noise levels during day time is 62.6 dB(A)and at night its 60.0 dB(A) and the noise levels are within the stipulated norms Analysis report is enclosed as Annexure-41. Photographs taken during inspection are enclosed as Annexure-42. Concluding Remarks of the Committee:
The stone quarry has obtained the necessary Environmental Clearance from SEIAA, Karnataka for the operation of Mining Leases.
Stone crusher is established in the safer zone as required under the The Karnataka Regulation of Stone crushers Act, 2011 as amended in 2013, 2020. The Consent for Operation issued by KSPCB under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 vide No. Combined Consent No. AW-323667 dated:08.02.2021 and having validity upto 30.09.2030.
The Form -C issued by the District Stone Crusher Licensing authority is valid upto 31.03.2036.
Regarding compliance of the stone crusher to the consent order of KSPCB, the industry has provided the air pollution control mechanism such as covering of the primary and secondary crushers units, conveyor belts, vibratory screens, providing of wind breaking walls etc., for containing the fugitive dust emissions from these non-point sources of pollution, however, there is gap with respect to compliance monitoring and reporting to the statutory body from time to time. Ambient air quality monitoring results with respect with SPM are within are within the prescribed National air quality standards. The Noise level monitoring levels are within the stipulated norms. The quarry lease holders have not submitted half yearly EC compliance report to the concern departments.
The quarry authorities have not submitted the mandatory half yearly EC compliance report to the concern departments and there are ceratin non- complainces of EC conditions to which the project authority has been directed to take necessary action and comply with the EC conditions and submit report by first week of October, 2021 . Any failure will attract enforcement action under the Environment (Protection) Act,1986 for EC violation by SEIAA, Karnataka as per the S.O 637(E) dt 28.02.2014 Copy of notices issued to Quarry authorities is enclosed as Annexure 43.
4.0 COMMITTE RESPONSE TO OBJECTIONS TO THE JOINT COMMITTEE REPORT KSPCB/EO (MNG)/NGT-OA No.271 of 2017/2020-21/1135 Dated:04.11.2020:
This committee had submitted report to the Hon‟ble NGT, to which the applicants had filed objections. In the Tribunal Order dated:24.06.2021. The Learned Counsel for the applicants had mentioned that "The objections were not considered by the Committe but only Pollution Control Board has given parawise reply which is not sufficient". Further the Hon‟ble tribunal also directed the joint committe " to go into objections filed by the applicant to the report submitted by the Joint Committee and ascertain those facts and report about the same as well in the report to be submitted".
Hence, the parawise reply as below is furnished to the objections to the joint comiitee report.
Sl Para Nos. Remarks No. 1 Para No 1
One of the main directions of this The committee has submitted the complete Hon'ble Tribunal in the order staus report on the functioning of crusher. dated:06.03.2020 calling for the status However, they have had not monitored the report on the functioning of the Crusher blasting operations. As per the Stone crusher Units of the 10th and 11th Respondent regulation Act the said crushers are operating was to report if the offending crusher in safer zone (Joint survey report is enclosed units are compliant of the citing criteria as Annexure 44,45).But in respect of 11th as provided under the statute. respondent the distances measure are reflected Unfortunately the Expert Committee below which is said to have inspected the Distance between D point and A point of offend units, have side stepped this main Safer zone boundary of Sanidhya crusher and Vasanth Devadiga house is 125 issue as also the other grievance of the meters and 140 meters respectively.
Distance between D point of Safer zone applicants about the illegal mine blasting boundary of Sanidhya crusher and nearest engaged in by the Offending Units while road is 51 meters No school and temple exists at a distance quarrying the site.
of 500 meters from the sazer zone.
"that the quarry activity is carried out within the marked boundaries and there is no excess mining of the quarry"
Further to assess the vibrations due to blasting activity vibration test was conducted on 22.07.2021 and 29.07.2021 in the quarry of M/s. Sanidhya Crusher and report and the ground vibration monitors not triggered at the house of Sri. Vasanth Devadiga and Sri. Ananda. P 2 Para No 2a The report of the Expert Committee The said objection may be ruled out as the deserves to be rejected by this Hon'ble said distance from the crusher point to the Tribunal for the following reasons among complainant Vasanth Deavadigs‟s house is at the many:- a) The Distance from the a distance of 125m. House of the 2nd Applicant and the Safer Zone in which the 11th Respondent's Crushing cum Quarry Unit operates is falsely recorded as 125 M from the so called SAFER ZONE (Para 5.1 of the Report). The distance from the so called SAFER ZONE and the House of the 2nd Applicant is only about 35M to 45 M which is clearly violative of the criteria as laid out in Sec.6 of THE:
KARNATAKA REGULATION OF
STONE CRUSHERS ACT, 2011,
Karnataka Act I of 2012 (as amended by
the 2013 amendment Act)
3 Para No 2b
Similarly the Report does not disclose or Objections may be ruled out. No revenue
record the distance between the nearest village exists within 500m distance from the Revenue Village and the SAFER ZONES safer zones where the Offending Crusher Units are located. As per section 6 of the KARNATAKA REGULATION OF STONE CRUSHI=RS ACT, 2011, Karnataka Act I of 2012 (as amended by the 2013 amendment Act) The distance between a SAFETR ZONE and the nearest Revenue Village shall not be less than 500M whereas in this case the so called SAFER ZONE where the Offending Crusher cum Quarry units are located is actually sharing their boundary with Village ANDINJIE and Village MUDUKODY.
4 Para No 2c THE KARNATAKA REGULATION OF Similarly section 6 of the THE STONE CRUSHERS ACT, 2011 was First KARNATAKA REGULATION OF published in the Karnataka Gazette Extra- STONE CRUSHERS ACT, 2011, ordinary on the fifth day of January, 2012 and Karnataka Act 8 of 2012 (as amended by set guide lines for "
the 2013 amendment Act) clearly IDENTIFICATION SAFER ZONE FOR stipulates SAFER ZONE shall not be CRUSHER ". As per the same 16.00 acres situated at a distance less than 100M of of land in Sy.No. 95,3,121,120,129,131 was any major road whereas in the case of the declared as „Safer Zones‟. But as per Gazette offending crusher unit of the 11th notification dated : 26.12.2013, on Respondent the SAFER ZONE is right date:03.03.2014 this office rejected the on the main road running through the application for safer zone of sanidhya crusher ADINJE & MUDUKODY villages of in Sy No 121/1b, 121/2 and instructed to which the applicants are residents. This is submit a fresh application. The above the 'why the distance between the nearest identified safer zones and gazette road and the SAFER ZONE has been notifications were cancelled vide gazette No. safely been avoided to be recorded the MMC crusher/01/2014-15, Dated :10.9.2014.
Report when pertaining to the Crusher of The joint inspection report of 11th respondent. date:24.10.2013, is made with respect to the Survey Numbers mentioned in the „declared Safer Zone‟ . These application for establishement crusher in safer zone in Sy.No. 3, 95 and 121 were rejected and fresh application for Sy No 121/1b, 121/2 has been taken on 10.03.2014 and joint inspection was conducted by the joint inspection committee on 29.05.2014 During joint inspection it was mentioned that The nearest road ( other road) is at distance of 110 meters (Measurement was taken during inspection from the existing crusher to the road). School is at a distance of 1 KM, temple is at a distance of 6 KM.
The subject was placed before stone crusher regulation committee for approval of safer zone on 01-07-2014 and in committee meeting Chairman of the Committee has instructed to Tahshildar to inspect the applied area once again. The inspection was made by revenue department on 27.08.2014 and submitted the report on 03.09.2014 (copy is enclosed as Annexure-46). As per the report that, The forest land exists at 110 meter and single residential house exists at 125 meter and there is no National high way , major roads, or Grama Panchayat road, Revenue village, Residentioal houses, schools and temples near crusher and opined that the crusher exist in safer zone and no objection.Based on the above, the Form B-1 isued on 10-09-2014. Further FORM C was issued date :10.12.2014.
And in addition to this in Karnataka Regulation of stone Crushers Amendment Act 2020, section 6 of the principal Act,- has been amended such as "In (i) in sub-section (1), in clause (b), for the word "or" the words "and fifty meter from the limits of " shall be substituted.
5 Para No 2d The different survey numbers where the lt is pertinent to note here that though the quarry lease and crusher licence has been Quarry as well as the Crusher Units are issued are located adajacent to each other situated in different Survey Nos., the hence it seems as one oe contiguous property entire Unit including the quarry is one in both cases. contiguous property in the case of the However quarry leases have been issued with 1Oth as well as the 11th Respondent. specific survey numbers with specific extent of area.
For the crusher is in patta land, with specific survey numbers with specific extent of area.
6 Para No 2e Quarry and crusher were not in operation due lt is seen from the Report that at the time to COVID-19 pandemic and renovation works of the inspection by the Joint Committee by respondent 10 and 11 as already stated in neither the Crusher units, nor the quarry the joint committee report for limited period was functioning due to COVID 19 of time. Further no such orders had been Pandemic but the fact remains that the issued to the 10th & 11th respondents to stop Crusher unit as well as the quarrying the operations in the quarry leased area & activities of the l0th and the 11th licensed crusher area. Respondent were fully operational and Further the joint committe reinspected the this easily verifiable upon calling for the crushers/ quarry when in operation on various relevant statutory records. 22.07.2021 as per the Hon‟ble Tribunal Order dated:24.06.2021.
7 Para No 2f The quarry lease has been granted in There is no statement in the Report accordance with Karnataka Minor mineral regarding the blasting activities taken out concession rule 1994 which says "No by the 1Oth and 11th Respondents in the person shall carry on or allow to carry on Quarrying Site. The blasting is done any quarrying operations within a distance almost on a daily basis and sometimes of 50 meters, if no blasting is involved and even twice a day and noise from the blast 200 meters if blasting is involved from the can be heard and felt for a radius of more boundary of any railway line, reservoir, than 10km and the impact/vibration of tank bund, canal or other public works and the blast could be felt strongly public structures or any public road or throughout the neighboring villages but buildings." unfortunately no data regarding this Further the report by the Joint committee aspect finds place in this report and the (Page No.5) already submitted to Hon‟ble same is skimmed over by falsely Tribunal reported "Deputy Director from recording that quarry cum crusher unit Dept. of Mines and Geology has informed remained closed during the COVID 19 the committee during inspection that the period. quarry activity is carried out within the marked boundaries and there found no encroachment in quarry"
Vibration test was conducted on 22.07.2021 &29.07.2021. The vibration test report concludes that in India, the Directorate General of Mines Safety (Government of India) have suggested safe limits of ground vibrations for different categories of structures, with different frequencies as per (DGMS (Tech) (S&T) Circular No.7 of 1997 Dhanbad, dated the 29th August, 1997). Based on the above criteria, a residential house can be given a permissible PPV of 5mm/s. During the field studies carried out at the quarry of Sri. Harshendra Kumar, the ground vibration monitors were not triggered at the house of Sri. Vasanth Devadiga and Sri. Ananda. P. Detailed report enclosed as
8 Para No 2g The analysis report of water sample from It is also pertinent to note that the water storm water drain collected down stream that sample has not been drawn from the finally joins natural nala is well within well nearby lake Nagarkatte Lake though within the range of drinking water standards referred to in Para 8.1 of the report. This (IS 10500:2012). The analysis reports of the Lake provides all the water for the water sample were furnished along with joint irrigation of the agricultural activities of inspection report. However, the copies of the ANDINJE Village. The Lake is at a same are enclosed again as Annexure 3 &4). higher terrain from the Crusher Unit and The sample of water was drawn on the Village is at a lower level from the 22.07.2021 during joint inspection. The Crusher Unit thus water from the lake analysis report reveals that the parameters flows through the Crusher site into the are within the standard. Village and in this course of flow, the water gets polluted by the Crush units' dust. Thus drawing of water sample from agricultural fields in Andinje Village would have clearly shown the pollution levels in the water due to the crusher cum quarry units' operations.
9 Para No 2h The intimation regarding the inspection to the crushers/quarry in question by the joint lt is most pertinent to note that though committee was furnished vide letter No.1038 this Hon'ble Tribunal did not explicitly dated: 13.10.2020 to the applicants Copy direct the Committee to involve the Enclosed as Annexure-47.
Applicants in the entire process of The committee members also called through inspection it would have only been fair mobile by the officers of the joint committee for the Committee to allow the on the day of inspection from the inspection Applicants and other Villagers to site. The applicants Sri Ashok Devadiga, Sri effectively participate in the inspection Vasanth Devadiga and others were present at process and give their inputs and also the entrance of the crushers. However the record their presence which the applicants refused to come inside the premises committee failed to do. This has siting various reasons.
obviously resulted in the above flaws in During inspection, the joint committee had the inspection done by the Committee.
visited the complainant‟s houses shown by Hence, it is just and necessary that this applicant and interacted with the people. Hon'ble Tribunal rejects the above said The reinspection by the joint committe was report date and direct a fresh inspection again done on 22.07.2021 in the presence of under the supervision of a Tribunal Hon‟ble DC and Chairman of the Committe. Appointed Advocate Commissioner Letter of intimation of inspection is attached directing such commissioner to issue due as Annexure-48. The photographs of notice to the applicants herein above and applicants along with their Counsel present include the applicants also in the during the inspection is enclosed and inspection process in the interest of bring documents submitted with respect to above out a clear and objective status report mentioned paras justify the fact that the about the functioning of the crusher cum committee has honestly discharged their quarry report of the 10th and 11th duties and furnished unbiased report based on respondent to enable a just decision in ground facts and circumstantial evidences. this case. The committee report has included all the information sought by application through the objections and hence, the Tribunal may kindly refute the allegations made by the applicants and reject the objections filed by the applicants.
3. They also submitted the Annexure - 48 being the answer to the objection raised by the applicant to the earlier report which reads as follows:-
4. The learned counsel appearing for the applicant wanted some time to file their objection to the report submitted by the joint committee.
5. The matter is of the year 2017. The parties are expected to file their objections at the earliest possible time. They are directed to submit their objections (if any) to the joint committee report before the next hearing date i.e. 25.10.2021 by e-filing in the form Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and get ready with the matter on the next hearing date.
6. For filing objections (if any) to the report, consideration of report and also for hearing, post on 25.10.2021.
Sd/-
.......................................J.M. (Justice K. Ramakrishnan) Sd/-
.................................E.M. (Dr. K. Satyagopal) O.A. No.271/2017 (SZ) 29th September, 2021. Mn.