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(x) Trenches/garland drains shall be constructed at foot of dumps and coco filters installed at regular intervals to arrest silt from being carried to water bodies. Adequate number of Check Dams and Gully Plugs shall be constructed across seasonal perennial nallahs (if any) flowing through the ML area and silts...De-silting at regular intervals shall be carried out.

2. With respect to the violation of specific condition no. 1, it is submitted that the top soil has not been stacked properly within the mining lease area as the soil was required to be stacked for the purpose of reclamation and rehabilitation of mined out area, which has not been done. In the past also, such top soil has not been used for reclamation and rehabilitation of the mined out areas, rather has been dumped illegally in the Arabian Sea. The Respondent No. 6 is one of the two companies which are carrying out mining operations for more than six decades at Redi and Kanyal Villages and it is evident by the letters of District Collector, Talathi, Sub-Divisional Officer and District Inspector of Land Survey, Sindhudurg that Respondent No. 6 is dumping mining material outside the leased area. As a result of which, land was found to be formed which was allotted Survey number by the District Collector, Sindhudurg, The said dumping is done outside the permissible area which is evident from the letter dated 15.01.2019 written by the Dy. Controller of Mines to Respondent No. 6, in which, it is recorded that the waste dumping approved in 2018-19 in North Situ area has not been commenced so far and instead waste dumping is continued to be carried out in East of Pit No. 203 at Survey No. 50(old 184) by increasing its dimensions. As per the Environment Plan Maps created by M/s NIMCO, there is dumping taking place and dumps existed outside the Mining Lease Area which is a direct and unequivocal violation of the EC conditions and the Mining Lease Agreement. The Applicant has obtained relevant maps through RTI from Indian Bureau of Mines (IBM) in order to substantiate his allegation. The Respondent No. 6 continues to enjoy the right to mine over the said land till 11.01.2056 and the land which has been created because of illegal dumping made by him, has been given Survey No. 58.

12. Further, it is submitted that another dump shown as "dump of Gogte" at the top of the map actually falls within the mining lease of M/s. Gogte Minerals/R-6. The Respondent No. 6 has superimposed the mining lease on the said Map of the Environmental Management Plan which clearly projects the boundaries of the leases of M/s. Gogte Minerals and of M/s. NIMCO, which would make it evident that the dump is within the mining lease of answering Respondent and not outside. The Applicant, while taking the modified mining scheme of NIMCO, which shows NIMCO mine with 60 mtrs. limit line and a 500 mtrs. limit line in terms of IBM guidelines, for preparation of the environment management plan, it appears, has taken these limit lines as the boundary of the answering respondent‟s mine, alleging erroneously that dump is outside the lease area. The Applicant has falsely relied upon letter dated 15.01.2019, in order to establish that the answering respondent was dumping top soil or mining waste outside the lease area because the said letter clearly shows that the observations pertain to dumping at survey no. 50 and that the said survey number forms part and parcel of the mining lease of the answering Respondent and the same is evident from para III of the Application. Also, pursuant to the said letter dated 15.01.2019, the answering Respondent submitted its explanation to Indian Bureau of Mines (IBM) which was pleased to approve the modified Mining Plan submitted by the answering Respondent, whereunder the increased dimensions of the dump at East of pit-203 at survey no. 50 has been duly approved on 31/03/2020. Therefore, all the dumps after the grant of Environmental Clearance dated 22/04/2010 has been maintained strictly as per the approved Mining Plan and no violation of the EC condition can be held to have been made pertaining to stacking of top soil at earmarked sites within the mining lease area. In fact, the area was already broken up and had more rock formation. There was scanty soil which was unfertile, as such there has been no top soil generated post the grant of EC in the year 2010. The said fact was also brought to the notice of MoEF&CC in EIA-EMP Report for the grant of Environmental Clearance in the year 2010 by the answering Respondent. The condition no. 1 of EC is understood for maintaining of dumps of overburden generated during mining activity and such dumps are being stacked properly with adequate protection measures at earmarked sites and will be used for reclamation and rehabilitation of the mined out areas when the time comes.

           b    Mining waste material      Committee noted the letter
                has     been     dumped    dated 15.1.2019of the Dy.
                outside    the    mining   Controller        of       Mines
                lease area and it is       addressed     to    M/s    Gogte
                evident from the letter    Minerals. Committee noted
                dated 15.1.2019 of Dy.     that the said letter mentions
                Controller of Mines        a    change      in    dumping
                                           location     and     does    not
                                           mention the dumping outside
                                           the lease area. Committee
                                           during the site inspection
                                           observed that dumping of the
                                           mine waste is within the
                                           permissible     mining     lease
                                           area of 94.706 Ha. The
                                           mining      lease     area      is
                                           demarcated with boundary
                                           pillars (with latitude and
                                           longitude).
           c    The dumping is still       During the site inspection,
                being   done    by the     the committee did not find
                company outside the        fresh dumping of mine waste
                permissible area           outside the Mining Lease
                                           area.
           d    The new land has been      The committee visited the




     formed by the dumping        said old dumpsites formed
    of the mining waste.         along the coast. It is noted
    The new land has been        that dumping was done at
    allotted survey nos by       the site from the year1974.
    the District Collector,      During the site inspection,
    Sindhudurg. A letter         local villagers informed that
    dated 18.12.1992 of          dumping of mine waste on
    District Inspector, Land     the said old dump sites were
    survey     reported    to    stopped prior to the year

"ii)...waste dumping approved in 2018-19 in North situ area and East of Pit No. 203 has not been commenced so far. Instead, waste dumping continues to be carried out in the East of Pit-203 at S.No. 50(old 184) by increasing its dimensions."

Having drawn attention to this, it has been vehemently argued that it clearly suggests that dumping of waste was being done by the Project Proponent outside the mining area. We are not in agreement with the said arguments of the Learned Counsel for the Applicant because vide letter dated 31/03/2020 written by Deputy Controller of Mines and Indian Bureau of Mines (IBM), Goa, a modified mining plan has been approved wherein a permission was accorded that during 2020-2021 the waste generated will be accommodated on the dump to the east of 203 Pit. Nowhere has it come on record that the area to the east of Pit No. 203, is outside the lease area. Even the joint committee in its report has noted that the Indian Bureau of Mines (IBM) approved the plan vide their letter dated 27/07/2007 wherein it is mentioned that there won‟t be any generation of top soil during mining activities. It is further mentioned therein that EIA-EMP Report submitted by the Project Proponent for the grant of EC also clearly mentioned that there is no top soil generation or stacking during the mining activities. The Environmental Clearance for the project has been granted in 2010. During the site inspection, it was observed that the lease area was rich and hard laterite cover, therefore, no topsoil stacks were observed. It is also recorded in the said report by the Committee that the dumping of mine waste was also being done within the mining lease area and not beyond it. Therefore, the argument of the Learned Counsel for the Applicant that there was violation being done of this condition, does not hold water and his version that the committee did not take independent view, rather proceeded on whatever documents were shown to it by the PP, in consultation with them, does not commend to us to conclude that the Committee was biased against the Applicant.