Disposed

Abhilash v. the Chief Secretary

NGT4 Sept 2024Original Application No. 115/2023

Case brief

AI extract

What is this about?

The NGT disposed of an application alleging illegal stone crushing operations in Khammam, Telangana. The Tribunal directed suspension of the Mineral Dealer License pending penalty recovery, mandated pollution control compliance, and ordered the use of environmental compensation for afforestation in the affected area.

What did the court decide?

Suspension of Mineral Dealer License pending penalty recovery; mandatory compliance with pollution control recommendations; use of environmental compensation for afforestation.

Abhilash vs the Chief Secretary — Mining and Natural Resources | NGT (2024)

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BEFORE THE NATIONAL GREEN TRIBUNAL

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SOUTHERN ZONE, CHENNAI

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Wednesday the 4^th day of September, 2024.

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Original Application No. 115 of 2023 (SZ) (Through Video Conference)

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IN THE MATTER OF

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Mr. Abhilash,
Garlavoddu Village, Enkoor Zone,
Khamman District, Telangana.
...Applicant(s)
Versus
1. State of Telangana,
Through Chief Secretary,
Government of Telangana,
Tankbund, Basheer Bagh Near NTR Gardens,
Opposite Lumbini Park,
Telangana- 500022.
2. Principal Chief Conservator of Forests (HoFF),
Government of Telangana,
Aranya Bhawan, Saifabad, Hyderabad.
3. Director, Mining and Geology,
My Home Sarovar Plaza, H. No. 5-922,
Flat No. 203 & 204, 2nd Floor, Shahpur Wadi,
Adarsh Nagar, Hyderabad,
Telangana- 500063.
4. Telangana State Pollution Control Board,
A-3, Paryavaran Bhawan, Sanath Nagar, Rd,
Sanath Nagar Industrial Estate, Sanath Nagar,
Hyderabad, Telangana- 500018.
5. District Magistrate, Khammam,
ZP Center, Wra Road,
Yedulapuram, Khammam,
Telangana- 507002.
6. M/s Sri Lakshmi Narsimha Stone Crusher,
(Project Proponent Stone Crusher),
(Presently operating in the name of)
M/s Sri Jai Santhoshi Narasimha Stone Crusher,
Garlavoddu Village, Enkoor Zone, Khammam, District Telangana,
MG. Partner: Mr. Y Chandra Mohan Rao,
H.No. 10-1-110,
Ram Nagar, Karim Nagar- 505001.
7. M/s Manupati Jayasimha
(Project Proponent Stone Quarry Mine)
C/o Jai Santoshi Narasimha Stone Crusher,
Garlavaddu-V, Enkuru-M, Khammam District,

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...Respondent(s)

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For Applicant(s): None For Respondent(s): Mr. Mohamed Aathic for Mrs. H. Yasmeen Ali for R1, R2, R3 and R5. Ms. C.P. Kavitha Renjini for Mr. T. Sai Krishnan for R4.

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Judgment Reserved on: 23.08.2024.

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CORAM :

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HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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JUDGMENT

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Delivered by Smt. Justice Pushpa Sathyanarayana , Judicial Member

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This matter relates to allegation made by Mr. Abhilash through a Letter Petition that Sri Lakshmi Narsimha Stone Crusher is illegally operating in Garlavoddu Village, Khammam District, Telangana. The matter was considered and registered as O.A. No. 368 of 2022 in the Principal Bench by order dated 24.05.2022.

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A Joint Committee was constituted, comprising of Principal Secretary, Ministry of Tribal Affairs, Principal Chief Conservator of Forests (HoFF), State Pollution Control Board and District Collector, Khamman to visit the site and look into the allegations made by the applicant.

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The Joint Committee has submitted its report dated 31.10.2022 based on the site inspection wherein it is observed that

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(i) M/s Sri Lakshmi Narsimha Stone Crusher (Presently operating in the name of M/s Sri Jai Santhoshi Narasimha Stone Crusher) is procuring raw material granite blocks from the nearby granite mines.

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(ii) The forest officials have confirmed that no forest/reserve forest area was involved and that said lands are purely revenue lands with dense tree cover.

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(iii) There is no damage due to crushing or mining activities as alleged by the complainant and verification of the Google earth imagery for last 05 years by the Joint Committee revealed that there was no tree felling in the area.

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(iv) The quarry mine was granted in favour of Sri Manupati Jayasimha for a period of 10 years from 20.08.2009 to 19.08.2019. The lessee has filed 1^st renewal of quarry lease application within the stipulated time and the grant is under process. Pending the issuance of the renewal of lease, dispatch permits were issued based on online application. However, State Pollution Control Board has addressed letters to the Assistant Director, Mines and Geology Department on 20.05.2022 and 16.06.2022 for taking necessary action with a request not to renew mining permission without grant of Environmental clearance to the stone quarry mines.

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(v) The project proponent informed the Joint Committee that they have applied for Environmental Clearance and that the SEAC meeting was conducted on 29.09.2022. The SEAC sought production details of the project proponent even for the period beyond 19.08.2019.

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(vi) The crushing unit M/s Jai Santhoshi Narasimha Stone Crusher has obtained necessary permission with validity upto 28.02.2022 and that Board sought clarifications on the status of dust pollution control measures provided when renewal application was made on 03.03.2022.

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(vii) The Joint Committee was informed that crusher was not in operation since 05 months and that they have taken measures to rectify the pollution control measures.

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The Joint Committee noticed that the crusher is storing the stone dust in large heaps which is the source of fugitive dust emissions and that the crusher has not provided wind breaking walls around the plant to control dust emissions from reaching the surrounding areas. The crusher unit also has not laid internal metal roads and the Joint Committee has noticed that only a kaccha road was laid from the crusher to the main road with gravel contrary to the conditions imposed.

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The Joint Committee was also informed by the Sarpanch of the village and other villagers that the allegations made by the applicant that their houses are damaged during the blasting are false. The Joint Committee has also observed that the habitation is about 01 km away from the quarry.

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6. The Joint Committee has made the following recommendations:

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“Recommendations of the Committee:

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The mine owner may be directed to stop the mining till they obtained Environmental Clearance (EC) from Ministry of Environment, Forest & Climate Change (MoEF & CC), Govt. of India.

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The crusher shall not operate without valid Consent for operation (CFO) of the Telangana State Pollution Control Board (TSPCB) and shall take pollution control measure viz., Providing dust bunkers to store the stone dust.

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providing wind breaking walls around the stone crusher to control fugitive emissions to the surrounding area.

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Providing cladding with MS sheets to all the conveyor belts.

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Laying of metal roads within the industry premises.

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Providing of sprinklers within the industry & mine premises to control dust pollution.

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The stone and mine owner shall develop thick greenbelt in the all the vacant areas of the crusher and mine.

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The Joint committee recommends that DMFT committee take up development works under DMFT lands in the village, as it is a directly affected area due to mining.

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In the order dated 07.07.2023, the State Pollution Control Board was directed by this Tribunal to take action against the project proponent for the violations noticed and that while considering the grant of Environmental Clearance the past violations must be considered and action must be initiated so that the grant of Environmental Clearance should not be in promotion of illegality or violation of environmental rules. Since the matter relates to Khammam District, Telangana coming within the jurisdiction of Southern Zone Bench, NGT, the matter was transferred to Southern Zone Bench by the order dated

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07.07.2023.

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The O.A. No. 368 of 2022 (PB) which has been transferred to the Southern Zone Bench was renumbered as O.A. No. 115 of 2023 (SZ). The State Pollution Control Board was directed to file an updated report though reports were already filed before transfer of the application to the Southern Zone Bench including the particulars of the Environmental Compensation to be levied for violations and also the collection of the amount already levied.

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Subsequently, the Department of Mines and Geology was also directed to file a detailed report as to plan of action and whether they have cancelled the mining approval and recovered the penalties amount imposed.

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Though there was no representation for the applicant on all the dates of hearing, the matter was taken up for securing the reports from the official respondents and hearing the Learned Counsels for official respondents.

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Telangana State Pollution Control Board (TGPCB) has reported that an Environmental Compensation of Rs. 7,65,000/- was levied against M/s Sri Lakshmi Narasimha Stone Crusher (6^th respondent) and an amount of Rs.28,68,000/- against M/s Manupati JayaSimha (7^th respondent) and that the amount is being collected in installments.

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The Tribunal directed the TGPCB to explain how they have permitted the 6^th respondent to operate when they have not paid the Environmental Compensation fully. Though, it is a well settled principle that the violator should be allowed to operate the unit to pay the penalty it appears that TGPCB has been lenient to the violators by allowing them to pay the amount in equal installments. When such concession is extended to the violators, it ought not have allowed them to operate till such time the entire amount is paid in installments. The TGPCB was directed to take immediate steps to suspend the operations or allow them to operate after they pay the compensation amount in full.

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From the report of the Director of Mines and Geology it was noted that penalties were levied against another violator, viz, M/s Ravi Teja Projects.

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On 01.08.2024, the TGPCB has filed its report wherein it is stated as follows:

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(i) M/s Jai Santhoshi Narasimha Stone Crusher (locally known as M/s Sri Lakshmi Narasimha Stone Crusher) have remitted the amount of Rs. 7,65,000/- in full and ambient air quality monitoring for fugitive emissions was conducted during inspection on 28.03.2024 and the emissions are within the

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norms and that Board has extended temporary revocation of closure orders for period of 01 years upto 21.06.2025 with necessary conditions.

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(ii) M/s Manupati Jaya Simha mines have remitted the Environmental Compensation of Rs. 28,68,000/- in 06 equal installments.

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(iii) With regard to M/s Raviteja Projects, it was stated that M/s Sri Jai Santhoshi Narasimha Stone Crusher which did not have Mineral Dealer License (MDL) have obtained MDL in the name of M/s Raviteja Project vide No. 5393/MD-1/KMM/2018 dated 20.11.2018 for processing, storing, selling and trading of stone and metal mineral from the Mines and Geology Department. (iv) It was also reported that the Department of Mines and Geology, Telangana has levied penalties on Sri Jai Santhoshi Narasimha Stone Crusher in the name of M/s Raviteja Projects (as per the Mineral Dealer License) for evading the seigniorage fee and other taxes as per rules.

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(v) Subsequently, the industry has obtained Mineral Dealer License on 05.06.2024 in the name of M/s Sri Jai Santhoshi Narasimha

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Stone Crusher for processing, storing, selling and trading of stone and metal mineral from the Department of Mines and Geology which is valid upto 04.06.2029.

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It was also reported that for the violation committed by M/s Raviteja Projects a demand notice no.9477/REVO-WGL/2022 dated 22.10.2022 was issued to M/s Raviteja Projects to pay the penalty amount of Rs.8,52,150/- which includes normal seigniorage fee of Rs. 1,42,025/and penalty of Rs. 7,10,125/-. The Mines Department has stated that M/s Raviteja Projects has paid only the normal seigniorage fee.

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From the reports interaila, it is noticed that M/s Raviteja Projects have not paid the penalty and even before payment of penalty Mineral Dealer License was granted to M/s Sri Jai Santhoshi Narasimha Stone Crusher who obtained the MDL earlier in the name of M/s Raviteja Projects.

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From the reports submitted by the official respondents, it is noted that as alleged by the applicant, violations have been committed by M/s Sri Jai Santhoshi Narasimha Stone Crusher as well as by M/s Manupati Jaya Simha Mines for which Environmental Compensation has been levied and collected. However, for the violations committed by M/s Raviteja Projects the penalty levied has not been collected but MDL license was granted to M/s Sri Jai Santhoshi Narasimha Stone Crusher who have obtained MDL earlier in the name of M/s Raviteja Projects.

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The Mines Department is directed to temporarily suspend the MDL granted to M/s Sri Jai Santhoshi Narasimha Stone Crusher till such time penalty amount is collected for the violations committed by them in the name of M/s Raviteja projects.

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It is also noted that the observation of Joint Committee was acted upon and prior Environmental Clearance was granted to Shri Munupati Jayasimha on 13.12.2022 by SEIAA, Telangana. In addition it is also noted that TGPCB has extended the temporary revocation of closure order upto 21.06.2025 (consent for operation is granted on 08.03.2023 with validity upto 28.03.2032) and are meeting the norms prescribed by the Pollution Control Board.

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In view of the above, the Original Application is disposed of with following directions:

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(i) Director of Mines and Geology to collect penalty amount from M/s Sri Jai Santhoshi Narasimha Stone Crusher for the violations committed by them in the name of M/s Raviteja projects and till such time the penalty amount is paid the MDL granted to M/s Sri Jai Santhoshi Narasimha Stone Crusher be stands suspended.

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(ii)

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The Telangana Pollution Control Board shall make periodical inspection to ensure that all the recommendations made by the Joint Committee are followed and the unit functions by meeting the conditions imposed in the consent order.

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(iii)

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The District Collector shall ensure that the District Mineral Foundation Trust Committee takes up developmental works under DMFT fund in the Garlavoddu Village as it is said to be directly affected area due to mining.

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(iv)

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The Telangana Pollution Control Board shall utilize the Environmental Compensation amount recovered from the violators for raising green cover in the Government lands/farmer lands of the Garlavoddu Village. The Telangana Pollution Control Board may take the assistance of the Horticulture Department, Government of Telangana for raising fruit bearing native trees both in Government and patta lands.

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With the above directions the Original Application is disposed of.

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............................................................J.M.

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(Smt. Justice Pushpa Sathyanarayana)

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.......................................E.M.

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(Dr. Satyagopal Korlapati) Internet – Yes/No All India NGT Reporter – Yes/No

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O.A. No.115/2023(SZ) 4th September, 2024. (AM)

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Before the National Green
Tribunal
Southern Zone (Chennai)
O.A. No. 115 of 2023 (SZ)
Mr. Abhliash
Vs.
State of Telangana & Ors.
O.A No. 115/2023(SZ)
4th September, 2024. (AM)

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Abhilash v. the Chief Secretary

Case brief

What is this about?

What did the court decide?

Abhilash v. the Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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