Disposed

Nonelal Vishwakama v. Parihar Stone Crusher Shivrajpur Chandranagar

NGT12 Sept 2024IA No. 67/2024 in Original Application No. 55/2024

Case brief

AI extract

What is this about?

The applicant challenged illegal mining and crusher operations violating environmental rules. The Tribunal noted the State PCB had issued a closure order dated 03.07.2024. Relying on a committee report stating objections were rectified, the Tribunal disposed of the application, directing the State PCB to reconsider the closure order.

What did the court decide?

Disposed with direction to State PCB to reconsider the closure order dated 03.07.2024 and pass suitable order within 15 days.

Nonelal Vishwakama vs Parihar Stone Crusher Shivrajpur… — Environment and Pollution | NGT (2024)

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Item No. 01

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No.55/2024(CZ) (I.A.No.67/2024 )

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None Lal Vishwakarma Applicant (s) Parihar Stone Crusher & Ors. Respondent(s) Date of Hearing: 12.09.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant (s)

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For Respondent(s) : Mr. Prashant M. Harne, Adv. Mr. Mehul Bhadrdwaj, Adv. Mr. Yadvendra Yadav, Adv. Mr. Gauvanvit Jain, Adv. Mr. Om Shankar Shrivastav, Adv.

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ORDER

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Issue raised in this application is illegal mining and crusher operation by respondent Parihar Stone Crusher located in Chandranagar, Shivrajpur, Rajanagar, District Chhatapur (M.P.) in violation of environmental rules. It is contended that blasting is being done through illegal methods of booster blasting which is directly affecting the houses and the crops are being damaged due to dust. Siting criteria has not been followed by the project proponent causing health hazard to the public residing there.

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The matter was taken up by this Tribunal and notice was issued to the respondent to submit the reply. The committee was constituted to submit the factual and action taken report. In compliance of the order the Members of the committee visited the site and submitted the report as follows :

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“

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O.A. No. 55/2024(CZ None Lal Vishwakarma.vs Parihar Stone Crusher & Ors

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i. The Regional Officer MP PCB, Sagar had issued Show Cause Notice under section 31A of Air (Prevention and control of Pollution) Act 1981 vide letter no. 510 dated 13.05.2024 for violation consent conditions and inadequate pollution control measures by the Parihar Stone Crusher in the present case.

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ii. The Parihar Stone Crusher had submitted its reply to the show cause notice on dated 30.05.2024 and the copy of this reply is filed herewith as Annexure A-5. In this reply the respondent no.2 had annexed the photos depicting compliance and the copy of the CTO granted under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution)Act, 1981. The Parihar Stone crusher has valid CTO for the Stone Crusher and Shri Awedesh Pratap Singh Parihar has CTO for mining lease.

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iii. The compliance as submitted by Parihar Stone Crusher through his reply dated 30.05.2024 was verified by the Regional Officer of the MP PCB during the revisit of the site on dated 03.07.2024.During the revisit the compliances were not found satisfactory. The inspection dated 30.04.2024 clearly depicted the violation of CTO consent and operation of the Parihar Stone crusher unit without adequate pollution control measures. Further the Parihar Stone crusher had without any consent installed and without the prior permission from the Board.the same amount to violation of the terms and conditions of the CTO granted by the Board.

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iv. The MP PCB has passed closure order under Section 31A of Air (Prevention and Control of Pollution) Act 1981 to Respondent no. 2 on and the copy of the closure order dated 03.07.2024 is filed.

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v. In this closure order the MP PCB has directed the Superintendent Engineer, Madhya Pradesh Poorva Khsetra Vidhut Vitran Company Chattarpur to cut the power of the Parihar Stone Crushing Unit.

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vi. That the MPPCB directed the Mining Officer, Collector Office, District Chattarpur to take action against the Parihar Stone Crushing unit by seizing the royalty book and pit pass and to ensure that there is no mining and crushing activities by this crusher from the date of closure order

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Learned Counsel for the respondetn1 Mr. Om Shankar Shrivastava has submitted that there was no violation and the PP has complied the consent condition and to avoid dust water sprinkling and teen shed has

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O.A. No. 55/2024(CZ None Lal Vishwakarma.vs Parihar Stone Crusher & Ors

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been established by the PP. It is further submitted that agriculture activities have not been adversely affected. Proper fencing around the unit and sign board have been installed and there is no report of health related issues as reported by the District Health Officer. In compliance of the notice Learned Counsel for the PP has submitted that the objections with regard to height of boundary wall, fencing and other objections have been removed. The boundary wall has been repaired and crusher unit has been properly covered and there is a provision of water sprinkling. It is further submitted that the other report submitted by the State PCB reveals that proper fencing around the unit and sign board have been installed and NOC have been issued by the department concerned. It is further submitted that the necessary permissions have been obtained from the competent authority.

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In view of the above report, there are no violation and the objections which have been raised by the PCB has been rectified and remedial measures have been taken by the PP.

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During the course of hearing Learned Counsel for the PP Mr. Om Shankar Shrivastav has submitted that during the proceeding of this Tribunal vide order dated 03.07.2024 PCB has closed the stone crusher and thus order dated 03.07.2024 should be set aside for the reasons that the objections which have been raised by the State PCB have been rectified. Since the report and the remedial measures which have been taken by the PP are found sufficient in compliance of the order thus the notice and order dated 03.07.2024 passed by the Stater PCB is required to be re visited by the State PCB and to pass suitable order within 15 days from date the receipt of the order. At present no violation has been found thus, no further action is required by this Tribunal.

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O.A. No. 55/2024(CZ None Lal Vishwakarma.vs Parihar Stone Crusher & Ors

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Accordingly, O.A No. 55/2024(CZ) stands disposed of with the direction to State PCB to dispose the representation of the PP and to reconsider the order dated 03.07.2024.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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12^th September 2024

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O.A. No. 55/2024 (CZ) K

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O.A. No. 55/2024(CZ None Lal Vishwakarma.vs Parihar Stone Crusher & Ors

Nonelal Vishwakama v. Parihar Stone Crusher Shivrajpur Chandranagar

Case brief

What is this about?

What did the court decide?

Nonelal Vishwakama v. Parihar Stone Crusher Shivrajpur Chandranagar

Case brief

What is this about?

What did the court decide?

What the court decided

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