National Green Tribunal
Dharmendra Singh Gond vs State Of Madhya Pradesh Through The ... on 29 August, 2023
Item No.4
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.31/2023(CZ)
(I.A.No.26/2023)
Dharmendra Singh Gond Applicant(s)
Versus
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 29.08.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL EXPERT MEMBER
For Applicant(s): Mr. Aditya Chhajad, Adv.
For Respondent(s) : Mr. Om Shankar Shrivastava, Adv.
Mr. Prashant Sthapak, Adv.
Ms. Parul Bhadoria, Adv. with
Mr. Sanjeev Mehra, RO, Shahdol, MPPCB,
Mr. Prashan M. Harne, Adv.
ORDER
1. Issue raised in this application is mining, blasting and stone crushing activities going on at Khasra No.777/2, 779/2 and 775 in violation of environmental norms, causing loss to the environment and ecology balance of the area in question and loss to the Government exchequer by way of erosion and royalty of minerals.
2. The Non-Applicant No.4 is carrying out the illegal mining & blasting activities in such a way and that to at such a non conducive site, leading to heavy emission of air-pollutants, thereby making the lives of the people living there miserable. The activities 1 of illegal blasting, mining and stone crushing undertaken by Non-
applicant No.4 is also a major cause of concern for the loss to the agricultural productivity of the farmers whose lands are belonging adjacent to the area in question.
3. The brief facts as submitted by the applicant is that in the year 2022, Non-Applicant No.4 which is a construction company, obtained a contract for construction of a road from Madhya Pradesh Road Development Corporation bearing road details "Rewa-Beohari-
Tetkamod and Bagvar Canal Bridge. In terms of requirement of mineral, more particularly Gitti, Pathar and Murram, the Non-
Applicant No.4 filed an Application before the Non-Applicant No.2 -
the District Mining Officer for grant of a mining lease over a land forming part of Khasra No. 772/2 Rakba 0.54 Hectare, Khasra No. 779/2 Rakba 1.104 Hectare and Khasra No. 775 Rakba 1.700 Hectare, situated at village Bamhara revenue circle Khand, Tehsil Beohari, District Shahdol (MP). This land belongs to the Non Applicants No. 5 to 8. Before applying for the Application, the Non-
Applicant No.4 entered into a lease deed with the Non-Applicant No.5 to 8 towards procurement of the said land in question for the purposes of carrying out mining activities. Without waiting for the actual permission to be accorded by the government agencies, in favour of the Non-Applicant No.4, the mining activities were started by the Non-Applicant No. 4 and to utmost shock and surprise, the quantum of illegal blasting, illegal mining and stone crushing activities going on at the site in question is terrifying in nature and merely reflects the excessive degradation of environment occurring 2 at the behest of Non-Applicant No.4 in order to meet out their needs of minerals to be used in construction of road.
4. The main grievance of the applicant is that:
(i) Illegal blasting, mining and crushing activities.
(ii) Proximity of vital establishments near site in question.
(iii) Environmental pollution due to blasting, mining and stone crushing activities.
(iv) Loss to agricultural productivity of the farmers of adjacent lands due to blasting, mining and crushing activities.
(v) Water body situated at a distance of hardly 150 meters from the site in question.
(vi) Area and question is a tribal area.
(vii) The objections raised by Power Grid Corporation regarding grant of mining lease oversight in question.
5. During course of hearing a committee was constituted with a direction to submit factual and action taken report. The Joint Committee consisting one representative from the Central Pollution Control Board (CPCB) and one representative of from the Madhya Pradesh Pollution Control Board (MPPCB) has submitted the report, which is as follows :
A. Site Observations of the Joint Committee w.r.t. issues raised by the applicant:-
Issue 1: Regarding illegal blasting, mining and crushing activity Observations of the Joint Committee:
Details of the permissions/consent are as follows:-
1.Gram Panchayat, Bhamraha-2, Janpad Panchayat Beohari, Distt.-Shahdol (M.P) during Gram Sabha 3 meeting dated 02.10.2022 has agreed in favour of M/s Scons Infrastructure Pvt. Ltd., to carry out mining, blasting and crushing activity on the site in question.
2. Collector Office (Mining Section), Shahdol vide order dated 06.01.2023 has granted in principle temporary NOC for mining of stone at Khasra No. 777/2, 779/2 and 775 on effective area 2.943 Ha.(against the 3.346 Ha land)at Bhamraha-2 village in favour of M/s Scons Infrastructure Pvt.
Ltd., (Prop. Mr. Shiv Kumar Bansal), Flat No. 251, Suryoday Appt., Dwarka Sector-12, Pocket-8, New Delhi, for use in construction of Rewa-Beohari- Tetkamod and Baghwar canal bridge road. The permit is of temporary nature for two years period for construction of road having annual production capacity 300000 cubic meters.
3. Collector Office (Mining Section), Shahdol letter no. 15 dated 09.01.2023 issued to M/s SCONS Infrastructure Pvt. Ltd. regarding temporary permission for mining activity for 2 years.
4. Directorate of Geology and Mining Regional Office, Rewa, vide Reg. No. 35 dated 13.01.2023 has approved mining plan.
5. Forest Department has issued clearance/NOC wrt distance from sensitive locations in view point of forestry vide letter no. 6237 dated 08.12.2022.
6. Revenue Department has issued clearance/NOC wrt distance from sensitive and important establishment/institute in view of public gathering.
7. M.P. SEIAA (State Environment Impact Assessment Authority), Bhopal vide ID No. EC23B001MP140093 dated 06.04.2023 has issued Environmental Clearance to M/s SCONS Infrastructure Pvt. Limited. SEIAA referred NGT order in Original Application No. 304 of 2019 for the distance of mining activity wrt to blasting. A minimum distance of 100m for non-blasting activity & minimum 200m for blasting activities 4
8. MPPCB has issued Consent to Establish (CTE) to the Project Proponent i.e. M/s. Scons Infrastructure Private Limited (Stone Crusher) on 19.5.2023 for Stone Boulder of 132017M3/annum.
9. MPPCB has issued Consent to Establish (CTE) to the Project Proponent i.e. M/s. Scons Infrastructure Private Limited (Stone Crusher) on 23.5.2023 for Stone Gitti of 132017M3/annum
9. On the date of committee visit i.e. 23.5.2023, the PP has not obtained Consent to Operate (CTO).
Issue 2: Regarding proximity of vital establishments near site in question.
Observations of the Joint Committee:
1. As per Forest department Forest Circle North, Shahdol office letter no.6237 dated 08.12.2022, there is no national park around 10 km, no biodiversity area around 10 km and Son-Ghariyal Sanctuary is situated approx 8 km from site in question. Also forest room no. 32 is 350 m from the mine site.
2. As per Tehsildar Office, Tehsil-Beohari, Distt.-
Shahdol letter no. 495 dated 28.11.2022, there is no human settlement, water body, educational institute, hospital, archeological site, national heritage within 500 m from the site. There is no interstate boundary within 10 km circumference.
3. As per Collector Office (Mining Section), Shahdol letter no. 65 dated 27.01.2023 to Member Secretary, SEIAA, Bhopal there is no pond/canal/dam/village temporary/permanent road within 500 m circumference of the site.
As per the field visit, it is observed that, there is no human settlement, water body, educational institute, hospital, national heritage within approx 500 m from the site.
Issue 3: Environmental pollution due to blasting, mining and stone crushing activities.
5Observations of the Joint Committee:
There is no human settlement (except 2-3 scattered houses) within 500 meter of the activity site. No waste water is generated from blasting, mining and stone crushing process and no fossil fuel is used in the process, hence no harmful gaseous emissions takes place. Processing of ore is not done hence industrial effluent is not generated. It is mechanical process of size conversion from boulder to gitti. Management has provided wind breaking wall in 3 direction of crusher unit(250TPH), water spraying arrangements observed during inspection and management has also installed mist gun for control of fugitive dust. In view of size of mining area (i.e. 2.943 Ha), this mine comes under small scale category. As mine having lease area 5 hectare or less comes under small scale mine.
The stone crusher of 250TPH capacity established at (geo-location 24.107630,81.34568) has following operational units:
S.NO. Unit operation Numbers Power Total of units (hp)/each power unit (hp) 1. Conveyor 09 10 90 2. Screen 01 20 20 3. Primary 01 200 200 Crusher 4. Secondary 01 200 200 Crusher Total power capacity 510 HP (~382KW) On the day of field visit on 23.5.2023, the crusher was found non-operational due to hyraulic chain repair issue at secondary crusher. During the visit about 60000 MT stone gitti was found stored in the stone crusher unit premises. As informed, the daily average oprational hours are 15-16 hrs. Further, it was informed that about 30000MT was dispatched to RMC plant. Considering the above the crusher has operated minimum for 24 days (15hrs average 6 operation to process 90000MT stone gitti), that too without valid Consent to Operate. Actual quantification of the material can be done by the mining department.
Based on the latest satellite images available for December 2022 onGoogle Earth Pro, it was infered that no mining activity was initiated during this period.
Issue 4:Loss to agricultural productivity of the farmers of adjacent lands, due to blasting, mining and crushing activities.
Observations of the Joint Committee:
During the site visit no agricultural crops found standing in nearby fields. The mining and crushing operation have just started from last three months. As per letter no. 495 dated 28.11.2022 of Tehsildar Office, Tehsil-Beohari, Distt.-Shahdol. There is another stone mine of 1.55 ha. area is situated around 250 m from the site in question, which is mentioned in principle mining consent order of collector office, shahdol, although no such complain regarding adverse effect to the nearby agricultural land and environment pollution due to operation of that mine is received till date to MPPCB office. Committee has seen few fruit bearing trees nearby viz. Mango, Jamun and vegetable.
Issue 5:Water body situated at distance of hardly 150 m from the site in question.
Observations of the Joint Committee:
As per the letter dated 6.1.2023 of Collector Office (Mining Section), Shahdol, there is no water body around 500 m of the site. However, there is a small low lying area (GPS location 24.10711,81.34653) at a distance of 100 to 150 m from the site in question where water storage tank is created in which rain water get accumulated during rainy season. As per the information provided by the locals, water from the so called water body is not used for drinking purpose.7
On the day of visit, no water was found in the low lying area during site visit.
Moreover, since no waste water is generated from this mining and crushing activity, hence possibility of discharge and contamination of this so called water body does not exist. To curtail the dust fall in this low-lying area, movable mist gun is installed along with wind braking wall of 12-15 ft in 3 sides of the crusher unit.
Issue 6:The area in question is a tribal area. Observations of the Joint Committee:
All the Khasra's of site in question i.e. Khasra No. 777/2, 779/2 and 775 belongs to people of Gond Tribal community. M/s Scons Infrastructure Pvt. Ltd. has done agreement from the land owner's prior to the commencement of activity. Matter is basically related to revenue department. It is not an environment issue. Collector Office, Shahdol has issued in principle mining lease consent to M/s Scons Infrastructure Pvt. Ltd. For mining in Khasra No. 777/2, 779/2 and
775. As per the agreement the ownership of land/property rights are not transferred.
Issue 7:Regarding Power Grid Corporation has raised objection regarding grant of mining lease over the site in question.
Observations of the Joint Committee:
Power Grid Corporation of India Ltd. Rewa Office vide its letter no. 3374 dated 28.12.2022 has written letter to Collector office (Mining Section), Shahdol regarding illegal mining activity nearby High Tension Line. In this letter it is mentioned that as per CEA Regulation Section-4, Sub Section 65 (2) of Central Electricity Authority Notification dated 20.09.2010, no blasting activity can be done without permission of owner (Power Grid corporation) within 300 meter of 650 volt power line, and due to blasting/mining activity nearby line, possibility of damaging of line and felling of tower exists.. This issue is linked with structural safety of electrical line, not with environment. As per the in-principle mining consent order dated 06.01.2023, Collector Office, Shahdol has taken 8 PGCIL, Rewa objection letter into account, issued temporary permit for mining activity only in 2.943 ha.
area out of applied area 3.346 ha.,excluding 0.43 ha. Area due to restrictive land distance. Issue linked with possibility of damage to with power grid line has already been amicably resolved by collectorate, Shahdol as above.
During the field visit, it was observed that mining was being carried out through hammer machines. However, mining polls were not found on the ongoing mining site. To ensure that the mining is being done in the safe distance, re-eraction of the polls is necessary. Further, to ensure that the blasting activity is not going to hamper the civil strength of the nearby grid line of Power Grid Corporation, a field visit in this regard shall be taken by PGCIL, Rewa along with the mining department to ensure that no risk shall arises wrt the strength of the power grid. Mining department shall ensure that the mining carried out in the area stipulated in mining plan. Any mining outside the mining plan area shall be considered as illegal and attract penalty and environmental compensation accordingly.
Action Taken by Regional Office, M.P Pollution Control Board, Shahdol:-
1. M.P Pollution Control Board, Regional Office Shahdol has issued notice on dated 27.04.2023 to M/s Scons Infrastructure Pvt. Ltd. for obtaining consent for mining and crushing activity under Water (Prevention & Control of Pollution) Act 1974 and Air (Prevention & Control of Pollution) Act 1981.
2. Further, MPPCB, Shahdol issued Closure Notice U/s 31 'A' of Air (Prevention & Control of Pollution) Act 1981 on dated 01.05.2023, for operating mine and crusher without obtaining consent to operate.
RO, MPPCB, Shahdol has also instructed to install/adopt effective pollution control arrangement.
93. Subsequently Project Proponent (PP) has constructed about 3 meter high wind breaking wall around crushing section. The PP has also provided water sprinkler's at specified points within crusher section viz. primary & secondary crusher, screen, conveyor belt. PP has also deployed movable mist gun based upon pressurized water spray system for control of fugitive dust emission in environment.
4. M/s Scons Infrastructure Pvt. Ltd. has not obtained C.T.O neither given satisfactory reply within stipulated time limit, hence closure order u/s 31 'A' of Air (Prevention & Control of Pollution) Act 1981 is issued on dated 18.05.2023.
5. Environmental Compensation due to mining operation without taking necessary permission/consent from the MPPCB is proposed to Head Office, MPPCB, Bhopal vide letter no. 469 dated 19.05.2023 against the M/s Scons Infrastructure Pvt. Limited.
6. Letter is issued as reminder to mining office, Shahdol by RO, MPPCB, Shahdol office to not to issue electronic pit pass to mine not having valid CTO.
C. Conclusion:-
M/s Scons Infrastructure Pvt. Ltd., has obtained in- principle permission of Collector Office (Mining Section), Shahdol, NOC from Gram Sabha, mining plan approved from dept. of geology and mining, EC from SEIAA Bhopal and CTE from MPPCB, Shahdol.The PP not yet obtained the CTO.
No crops found standing in the nearby fields during visit.
Also no demarcated and notified water body is present approx 500 meter of site. Only small low lying area near mine is observed which seen totally dried during inspection.10
The ownership of the land was not transferred and property rights are not changed/altered/transferred. For mining activities agreement is done between tribal land owner and M/s Scons Infrastructure Pvt. Ltd. Collector office, Shahdol has also issued in-principle mining consent to M/s Scon Infrastructure Pvt. Ltd. for same land, clearly mentioning Khasra Number and Rakwa of land belonging to tribal community.
6. Notices were issued to the respondents and in reply thereof CPCB has submitted the affidavit with the facts that lease deed was executed for mining and the Project Proponent was required to take necessary permissions from the competent authority. Submission of the Respondent no. 4 are as follows :
1. That, the answering respondent No. 4 has entered into sub-contract agreement with principal Employer Madhya Pradesh Road Development Corporation Ltd. (in short "MPRDC") and M/S Gawar construction ltd. for rehabilitation and upgradation of two lane with paved shoulder of Rewa Beohari- Tetka mod Section of SH-57 (from CH.0.00 to 18.55 km construction of Bhagwar Canal bridge from CH 32.60 to 33.00km and Ch 40.45 to 111.5 km designed length 90.00km) in the state of Madhya Pradesh against letter of acceptance issued by office of M.P. Road Development Corporation ltd., Bhopal on dated 19.09.2022.
2. That, the above said project is a time bound project and the department in one way creating pressure to mobilize the machineries and initiate construction as per milestone planning set by the department. However, for execution of the project on the other hand, various departments of the State Government were involved from where permissions, approvals and orders to procure to initiate mining, mobilize machine and construction of Road. The said road which was in bad 11 conditions as last year a passenger bus fell into the Canal resulting many casualties.
3. That, the gram Panchayat, village Bhamraha Beohari, Shedol has unanimously agreed to support the road construction because, of bad conditions of the road and the major casualty of falling of a bus in canal has occurred last year. Therefore, the village Panchayat has issued NOC for mining query as well as crusher unit at Khasra No. 775, 777/2, 779/2 admeasuring area of 2.493HA. at village Bhamrah, Tehsil Beohari, district Shadol for the purpose of construction of road in time.
4. That, the answering respondent with the help of Principal employer procured private land located at Khasra No 775, 777/2,779/2 admeasuring area of 2.493 HA. at village Bhamrah, tehsil Beohari, district Schedol for mining of minor minerals required for awarded road construction.
5. On application the Department of Geology and Mines, Regional office at Rewa has approved proposed mining plan and issued temporary permissions under Rule 42 of the M.P. Minor Mineral rules, 1996 (In short MMCR 1996") in favour of the answering respondent up to two years from the date of agreement, accordingly the same permission is valid up to February, 2025.
6. The office of collector (Mines) Shehdol (MP) in compliance of queries sought by the SEIAA, MP has categorically submitted reports with regard to the distance of sensitive places, structures, interstate boundary, National highway, national Park, Bio-diversity, sanctuary, forest if any, human settlement, water bodies etc. vide letter dated 27.01.2023.
7. The answering respondent has approached MP SEIAA (State Environment Impact Assessment Authority) Bhopal with 12 all the clearances, approvals, mining plan and after detail deliberation on every issues MPSEIAA vide ID No. EC23B001MP140093 has issue Environment Clearance imposing various conditions in favour of Respondent No. 4 on dated 06.04.2023.
8. The Respondent MPPCB has issued consent to establish (CTE) vide letter dated 19.05.2023 for stone boulder (mine) of 132017 CuM/yr. and also further issued CTO on 28.06.2023
9. The consent to establish [CTE] was issued on 23.05.2023 further consent to Operate (CTO) was duly issued vide letter dated 10.07.2023 for crushing unit stone gitti in favour of the answering Respondent for one year from 27.04.2023 to 26.04.2024.
10. A detail report with regard to process of Environment Clearance has been duly filed by the office of Collector (Mines) vide letter No19/ Khanij/2023/65 dated 27.01.2023 was issued to the office of Member Secretary, SEIAA Bhopal, whereof it is clearly stated that no water body is within the radius of 500 meters. It is also observed by the committee while visiting at site in Issue No. 3 that, ".... as per filed visit it is observed that, there is no human settlement, water body, education institute, hospital, national heritage within approx. 500 meters from the site......" The very intent of petitioner is to create hurdle and obstacle in infrastructure development of the area.
12. The instant case cannot be equated with others whereof, the road construction and development works are necessary for the development and prosperity of the society in general. The very objective of the answering respondent to achieve the milestone and execute the work as per schedule. The answering respondent has also committed for conservation and protection of environment and shall ensure all the 13 compliance of the conditions imposed by the SEIAA while issuance of Environment Clearance."
7. The copy of the order issued from the Chief Engineer, Madhya Pradesh Road Development Corporation (MPRDC) dated 19.09.2022 has been attached in which letter of acceptance for the work "rehabilitation and up-gradation to 2-Lane with paved shoulder of Rewa-Beohari-Tetka Mod Section of SH-57 (From Ch.0.00 to 18.55 Km. Construction of Baghawar Canal Bridge from Ch. 32.60 to 33.00 Km. and Ch. 40.45 to 111.50 Km, design length 90.00 Km.)"
in the state of Madhya Pradesh on EPC Mode. (Tender ID:2022_MPRDC_206737_I), was issued with certain conditions which was complied by the Project Proponent and was a sub contract agreement inter-department. The gram panchayat concerned has issued NOC for the above work. Necessary permission was taken by the Collector, Shahdol vide letter dated 06.01.2023. A temporary permission was also issued under Rule, 42 of MP Minor Mineral Rules, which is valid upto February, 2025.
Mining Plan and temporary permit with the Environmental Clearance issued from the MoEF&CC have been attached with the reply.
8. Vide order dated 25.07.2023, the Department of GST was directed to verify the tax invoices submitted by the Contractor with regard to use of gittis and it was sent to the office of the Commercial Tax Department and vide letter dated 25.08.2023, the Deputy Secretary, Govt. of M.P., Commercial Tax Department has verified 14 the purchase invoices. The amount of taxes, were paid and have been verified.
9. In view of above facts and reply submitted by the Respondent No. 4, it is the project of the State Government and State Government has allocated to execute the said road work to overcome huge traffic problem and increase probability of accident in this area and necessary permissions from Gram Panchayat, temporary permit, permission from Collector (Mines) and Environmental Clearance from the MPSEIAA have been issued according to the rules. The necessary permissions i.e. „Consent to Operate and Consent to Establish‟ have been issued. It was found by the members of the committee that no water body is within the radius of 500 meters and that there is no human settlement, water body, education institute, hospital, national heritage within the proximity of 500 meters from the site. MPSEIAA is a Competent Authority of experts which has considered and deliberated every aspects as well as grounds before issuing clearance for the project.
10. The matter of construction and widening of the road/highway was considered by the Hon‟ble Supreme Court of India, reported in LL 2021 SC 26 in Civil Appeal Nos. 4035-4037 of 2020 titled as The National Highways Authority of India vs. Pandarinathan govindarajulu & Anr., wherein para 18 onwards it was observed that the economy and ecology must be taken into account and balance have to be made for the development of the nation with a 15 view of policy to protect the ecology, relevant paras are quoted below :
"18. While economic development should not be allowed at the cost of ecology or by causing widespread environmental destruction, the necessity to preserve ecology and environment should not hamper economic and other development. Both development and environment must go hand in hand. In other words, there should not be development at the cost of environment and vice versa, but there should be development while taking due care and ensuring the protection of environment. The traditional concept that development and ecology are opposed to each other is no longer acceptable.
19. Apart from providing smooth flow of public goods and services which contribute to the economic growth, highways also benefit regional development in the country. In the normal course, impediments should not be created in the matter of National Highways which provide the much-needed transportation infrastructure. At the same time, protection of environment is important. The Notification dated 22.08.2013 exempts a National Highway, the distance of which is less than 100 km from obtaining environmental clearance. If the project proponent is permitted to divide projects having a distance beyond 100 km into packages which are less than 100 km, the Notifications dated 14.09.2006 and 22.08.2013 will be rendered redundant. In that event, administrative exigencies and speedy completion will be a ground taken for justifying the segmentation of every project. Therefore, we are in agreement with the High Court that segmentation as a strategy is not permissible for evading environmental 16 clearance as per Notifications dated 14.09.2006 and 22.08.2013. "
11. Section 3 of the Environment (Protection) Act, 1986 empowers the Central Government to take all such measures for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. One of the measures provided in Section 3 (2) (v) is restriction of areas in which any industries, operations or processes or class of industries shall not be carried out or shall be carried out subject to certain safeguards. The Environment (Protection) Rules, 1986 were made in exercise of power conferred by Sections 6 and 25 of the Environment (Protection) Act, 1986. According to Rule 5, the Central Government may prohibit or restrict the location of industries and the carrying on of processes and operations in different areas.
12. We have also gone through the mining plan and method of mining which was considered while granting the permit, which is as follows :
"PROPOSED METHOD OF MINING Proposed mining activity will be carried out by the existing open cast semi machenised method of mining using hand tools such as spades, chisel, hammer etc. Metal zone formation will be loosened by regular drilling and this will be transported from pit bottom to surface by machine and from the loading point of view, Metal stone is transported by truck/dumper to the Stone crusher. During the ensuing years the Stone quarrying will be according to the 17 proposed method of semi mechanized way the following machines are proposed to be deployed on hire basis:
DETAILS OF MACHINERY:-
Semi Mechanized opencast mining method has been proposed same as plan period. During development, hydraulic excavators will be used while developing. Tipper trucks will be used for transporting Mineral and waste. Earth moving machine while developing, Chisel, hammer tasla, rods Sufficient quantity will be used during mining operation.
YEARWISE PROPSED METHOD OF MINING It will be commenced with EC term and condition and the mining method will be the same as proposed with one production benches of 5.0m height while thin layer of OB will be scrapped ahead of working in Metal stone formation and this thin layer of OB is considered under waste and this waste is used as road material or it will be used for making and maintenance of approach road.
S.No. Particular No. 01 Excavator 03 02 Rock Breaker 02 03 Drill Machine 02 04 Hyva 08 05 Water Tanker 02 06 Tractor 01 BLASTING: This granted area is a temporary permit of stone blasting is required; therefore lessee will take all necessary permission and do accordingly DGMS norms. Before blasting permit holder should be inform to district mining authorities.18
DRILLING: Drilling of the blast holes is proposed by the compressed air operated jack hammer or Wagon Drill, height of the bench is proposed to be kept 6m.
TYPE OF EXPLOSIVE TO BE USED: Slurry explosive frequency of blasting will be once or two in a week. Delay detonators will be used.
STORAGE OF EXPLOSIVE : The applicant will engage an authorized explosive agency to carry out the small amount of blasting and it will be supervised by competent and statutory foreman/ mines manager. The storage of explosive not proposed, Blasting should be done by only Govt. authorized agency after permission taken by authority.
PRECAUTION TO BE TAKEN DURING THE DRILLING AND BLASTING : sufficient warning by signal is given in the entire area falling with danger zone, wet drilling will be used for blasting hole, and control blasting will be done. Lessee will take all necessary permission and do accordingly DGMS norms. First Aid Box will be keeping ready at all the time.
Necessary precautionary announcement will be carried out before the blasting operation.
13. In view o the above facts and discussion, we are of the view that necessary permissions have been taken from the competent authority and precautions have been taken for blasting, drilling and the method of mining. In view of the above facts, we direct as follows :
i. That the mining plan with regard to method of mining and details of machinery must be complied with.
ii. The Project Proponent must have necessary permissions according to DGMS norms and explosive 19 which are being used for blasting must be in accordance with the conditions of planning and DGMS norms.
iii. The Project Proponent will engage authorised explosive agency to carry out this amount of blasting and it will be supervised by competent authority and suitable forman/ mines manager. Sufficient warning by signal is given in the entire area falling with danger zone, wet drilling will be used for blasting hole and secured blasting will be done. Lessee will take all necessary permissions and to accordingly DGMS norms. First Aid Box will be keeping at all the time. Necessary precautionary announcement will be carried out before the blasting operations.
iv. The MPPCB is directed to periodical monitor the compliance of the environmental norms and the compliances of the conditions of environmental norms and in case of any violation have to take necessary action according to the rules.
14. With these observations/directions this Original Application No. 31 of 2023 stands disposed of.
Sheo Kumar Singh, JM Dr. A Senthil Vel, EM 29th August, 2023 O.A No.31/2023(CZ) K 20