Remanded

Abhilash vs

NGT7 Jul 2023Original Application No. 368/2022

Case brief

AI extract

What is this about?

The NGT noted violations of environmental rules at a mining unit running without valid clearance, including dust emissions, road usage issues, and damage to houses from blasts. The court directed the State PCB to submit a report within four weeks and transfer the matter to the Southern Zone Bench for further proceedings and to ensure granting of clearances based on past compliance.

What did the court decide?

Directed the State PCB to submit a report on violations and past actions within four weeks and to transfer records to the Southern Zone Bench.

Abhilash vs — Mining and Natural Resources | NGT (2023)

¶1

Court No. 1

¶2

Item No. 05

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

Original Application No. 368/2022

Abhilash

Applicant

Versus

State of Telangana & Ors.

¶9

Respondent(s)

¶10

Date of hearing: 07.07.2023

¶11

CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

¶12

Respondent: Mr. Dhananjay Baijal, Adv. for Telangana SPCB

¶13

ORDER

¶14

The issues raised in this application are operation of mining without any due permission of any authority operating in Garlavoddu Village, Enkoor Zone, Khammam District, Telangana, damaging endangered hills and forests and adversely affecting wild animals. The matter was taken up by this Tribunal on 24.05.2022 and a Committee was constituted and a factual and action taken report was sought. The Committee submitted a report on 31.10.2022 where certain violations were found. The violations are as follows:

¶15

(i) The crusher is storing the stone dust in large heaps which is the source of fugitive dust emissions. The crusher has not provided wind breaking walls around the plant to control dust emissions to the surrounding areas and not laid internal metal roads.

¶16

¶17

(ii) No separate road from crusher to the main road and using the village road to transport gravel without permission and causing trouble to the villagers.

¶18

(iii) There were huge explosions and it is reported that many houses are badly damaged by the blasts. During the explosions, large boulders fall on the surrounding crop fields.

¶19

The Collector has filed a separate report on 15.02.2023 and TSPCB has filed the status report vide e-mail dated 06.07.2023. While submitting the report, the State PCB had not taken on account the above points raised and further the action taken on the past violations.

¶20

In view of the damage to the houses, learned Counsel for the State PCB has substantiated that the Village Panchayat has narrated another fact. The learned Counsel for the State PCB reveals that the unit was in operation without valid EC and State PCB had not taken any action in due course of time and while submitting the report past violations have not been considered and no compensation has been calculated and assessed.

¶21

Accordingly, we direct the State PCB to submit the report on above points within four weeks from today. The State PCB is warned to be careful while proceeding the grant of EC and they must consider the past violations and action must be initiated so that the grant of EC should not be in promotion of illegality or violation of environmental rules. The report be filed before Southern Zone Bench, NGT.

¶22

Since the matter relates to Khammam District, Telangana coming within the jurisdiction of Southern Zone Bench, NGT. Thus, Registry is directed to transmit the records of this matter to Southern Zone Bench

¶23

¶24

where the Registrar shall register the case and place before the Bench for further proceedings.

¶25

List for further consideration on 04.09.2023 before Southern Zone Bench.

¶26

Sheo Kumar Singh, CP

¶27

Arun Kumar Tyagi, JM

¶28

Dr. A. Senthil Vel, EM

¶29

July 07, 2023 Original Application No. 368/2022 DV

¶30

Abhilash vs

Case brief

What is this about?

What did the court decide?

Abhilash vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mass Empowerment and Guidance Association vs the Kayalpattinam Municipality

Dillip Kumar Samantara S/O Lingaraj Samantara vs Chief Secretary Government of Odisha

Battu Satish Reddy vs 1. National Thermal Power Corporation Ltd.

E Srinivasan vs the Chairman Tamil Nadu Pollution Control Board

M Narsimharao vs

News Item Published in Newspaper Deccan Herald Dated 01.03.2023 Titled Unregulated Tourism Pushing Gokarna to the Edge vs

Gyanendra Singh vs State of Madhya Pradesh through Principal Secretary Mineral Resources Department

Vivek Tanwani vs State of Chhattisgarh

M Narsimharao vs

Dr. Sarvabhoum Bagali vs Deputy Commissioner Chairman- District Sand Monitoring Committee

News Item Published in Newspaper Deccan Herald Dated 01.03.2023 Titled Unregulated Tourism Pushing Gokarna to the Edge vs