Disposed

Sanket Sahu v. State of Madhya Pradesh

NGT12 Aug 2024Original Application No. 173/2023

Case brief

AI extract

What is this about?

Original Application regarding abandoned mining pits in Mau, Gwalior causing safety hazards. Tribunal noted official reports confirming dangers but accepted state compliance with closure directions, leading to the disposal of the matter.

What did the court decide?

Prayers disposed of with direction to State Pollution Control Board and Mining Department to monitor compliance and ensure proper mine closure.

Sanket Sahu vs State of Madhya Pradesh — Mining and Natural Resources | NGT (2024)

¶1

Item No. 06

¶2

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

¶3

Original Application No.173/2023(CZ ) (O.A.No.598/2023 - PB)

Sanket Sahu

Applicant (s)

State of Madhya Pradesh & Ors.

¶8

Respondent(s)

¶9

Date of Hearing: 12.08.2024

¶10

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

¶11

For Applicant (s):

¶12

None

¶13

For Respondent(s) : Mr. Mehul Bhardwaj, Adv.

¶14

ORDER

¶15

This Original Application is registered on the basis of the letter petition sent by one Sanket Sahu, resident of 26/903, Ghas Mandi in front of Mohan Bhawan, Murar, Gwalior. The grievance raised in the OA is that the mining lease was issued for area at Mohu, Shatabdipuram and after carrying out the mining activity, 100-250 feet deep ditches have been left unfilled which have become dangerous to nearby residents. It has also been disclosed that several people and cattle have lost their life on account of the accidents caused due to those ditches. The prayer is to get the ditches filled in terms of the mining lease and in compliance of the environmental laws.

¶16

The matter was taken up by this Tribunal on 10.11.2023 and 7.12.2023 and a committee consisting District Magistrate Gwalior, Mining Officer, Gwalior and the State Pollution Control Board was directed to visit the site and submit the factual action taken report. In

¶17

Original Application NO. 173/2023 (CZ)

¶18

Sanket Sahu & Anr vs. State of Madhya Pradesh & Ors.

¶19

¶20

compliance thereof a report has been filed by the Members of the Committee with following observations :

¶21

“Inspection of abandoned mining area situated at Mau near Shatabdi Puram and Deen Dayal Nagar within Gwalior city has been carried out on 11/03/2023 with staff of RO Gwalior. Following status seen at site during inspection:

¶22

(1) There are 06 abandoned boulder quarry pits are situated in Mau area in a hilly terrain.

¶23

(2) All abandoned mine pits are having depth between 60 to 90 feet.

¶24

(3) No fencing is provided around the abandoned mine pits.

¶25

(4) Some rain water ponding was seen in abandoned mine pits, but this was available at much depth. There is no status of water contamination, putrefaction bad odour etc. was seen there. There is no city solid waste etc. thrown into abandoned mine pits. The pit water is a much depth and practically unapproachable for human beings and animals. So complainer grievance that the stored water in mine pits creating nuisance and various types of illness to the nearby public is not correct.

¶26

(5) All abandoned mine pits have rock cuts in vertical cliff manner. So overall these abandoned mines pit are very dangerous and unsafe if human or animals go there.

¶27

(6) At present in about 50% of periphery of the hill on which the abandoned mine pits situated, various colonies are developed or under development. These mine pits will be very unsafe day by day when population of the adjoined area increase.

¶28

(7) Photographs of abandoned mines were taken during inspection, which are enclosed as Annexure-R3-1.

¶29

Details of Abandoned Boulder Quarries Situated at Mau Area:

¶30

As per information available in RO Gwalior record following 06 stone boulder quarries were operating at Mau area with the consent of the Board:-

¶31

Sr. No	. Name & Postal Address of Quarry Lease Owner	Locati on of the Quarr y	Area of the Quarry (Hectare)	Last Leas e Peri od	Consent Validity (Up to)	Rema rk
1	M/s Kamla Stone Crusher (Shri Brajesh Sharma)	Kh. No. 418, Mau, Gwalior (Govt. Land)	2.000	04/08/20 07 to 03/08/20 17	03/08/20 17	Close d since year 2017

¶32

Original Application NO. 173/2023 (CZ)

¶33

Sanket Sahu & Anr vs. State of Madhya Pradesh & Ors.

¶34

¶35

	C-105 Govindpuri, Gwalior
2	M/s Shriram Sharma Stone Crusher (Shri Ramniwas Sharma) E-25 New Vivekanand Colony, Gwalior	Kh. No. 419, Mau, Gwalior (Govt. Land)	4.000	10/10/20 15 to 03/08/20 17	03/08/20 17	Close d since year 2017
3	M/s Aman Stone Crusher (Shri Shyam Sharma) Ganga Mai Santar Murar, Gwalior	Kh. No. 420, Mau, Gwalior (Govt. Land)	4.000	28/06/20 15 to 03/08/20 17	03/08/20 17	Close d since year 2017
4	M/s Aman Stone Crusher (Smt. Geeta Sharma) Behind Post Office, Murar, Gwalior	Kh. No. 416, 417, Mau, Gwalior (Govt. Land)	4.892	17/05/20 14 to 03/08/20 17	09/11/20 13	Close d since year 2017
5	M/s Mayadevi Stone Industries (Smt. Mayadevi Sharma) E-25 New Vivekanand Colony, Gwalior	Kh. No. 363, 364, 365 Mau, Gwalior (Govt. Land)	3.068	31/01/20 01 to 30/01/20 11 Then renewed upto 30/01/20 16	31/03/20 11	Close d since year 2017
6	M/s Shreyadeep Stone Crusher (Shri Kuldeep Gaur) 10 Anupam Nagar, Gwalior	Kh. No. 360, 361, 362, 365 Mau, Gwalior (Govt. Land)	4.800	22/03/20 07 to 21/03/20 17	21/03/20 17	Close d since year 2017

¶36

CONCLUSION:

¶37

Original Application NO. 173/2023 (CZ)

¶38

Sanket Sahu & Anr vs. State of Madhya Pradesh & Ors.

¶39

¶40

After going through the details of the grievance & prayer submitted by the applicant of O.A. No. 173/2023(CZ) it is very clear that:

¶41

Applicant required scientific closure of the abandoned mine pits of Mau area as per provision of the Mining Act. This is because the abandoned mine pits are very deep and population is spreading towards this area. At present 50 percent of the periphery of the hilly area, at which these abandoned mine pits are situated, is surrounded by various colonies already exists and under development.

¶42

There is no status of contamination or putrefaction or bed smell generation from the rain water stored inside deep abandoned mine pits. Also these water pits are reasonably far away from the nearest population of the area. So there is no question arises of spreading of diseases among human beings of the nearby area.

¶43

All the abandoned mine pits are not protected by fencing to prevent animals and human beings from going towards the deep abandoned mine pits. These mine pits are very deep, dangerous and unsafe at present.

¶44

Other issues raised by applicant in his complaint letter is related to the Mining Department and District Administration. These are also the respondent in this case.

¶45

RECOMMENDATION:

¶46

Considering the concerns of the applicant in public interest and actual status of the abandoned mine pits of the Mau area observed during inspection following recommendation are hereby submitted for addressing the grievance of the applicant in effective manner:

¶47

All the abandoned mine pits shall be properly fenced immediately to prevent human beings and animals from going towards these deep abandoned mine pits. Watch guards could also be deployed there.

¶48

Danger Sign Board should be displayed at the abandoned mines.

¶49

Since colonies are under development in the periphery of these abandoned mines continuously, so to safeguard the human beings and animals it is utmost required to backfill these abandoned deep mine pits completely. Following measures could be taken for backfilling:-

¶50

Filling by inert solid waste of the Gwalior city with due consent of MPPCB and with required safety measures to protect ground water contamination.

¶51

Original Application NO. 173/2023 (CZ)

¶52

Sanket Sahu & Anr vs. State of Madhya Pradesh & Ors.

¶53

¶54

Filling by boilers ash generated in industries of the nearby areas with due consent of MPPCB and with required safety measures to protect ground water contamination.

¶55

Abandoned mine pits could be developed as water body with proper safety measures.

¶56

Abandoned mine pits could be developed as fish cultivation ponds.”

¶57

The matter was taken up by this tribunal on 13.05.2024 and in view of the Joint Committee Report the Collector Gwalior and the State Pollution Control Board was directed to submit the compliance report. In compliance thereof the State of Madhya Pradesh has filed the reply. Learned Counsel for the State Shri Prashant M. Harne has submitted that in the village of Mau, district Gwalior, five Project Proponents were granted leases for mining of mineral Kaala Pathar, and among these, three lease expired, and subsequent to their expiration, the same was renewed in the year 2015. That for the convenience details of the same are enumerated in the table herein below :

¶58

S. no	Project Proponent	Village	Survey No.	Area (in ha)	Acceptance/ Renewal date	Period of Lease
1	M/s Aman Stone Crusher Through Proprietor Mrs. GeetaSharma	Mohu	416, 417	4.892	16.07.2015 Renewal	17.05.2014 to 03.08.2017
2	M/s Aman Stone Crusher Through Partner Shri Shyam Sharma	Mohu	420	4.00	17.08.2015 Renewal	28.06.2015 to 03.08.2017
3	Shri Ramniwas Sharma, M/s Shriram Sharma Stone Crusher	Mohu	419	4.00	19.11.2015 Renewal	10.10.2015 to 03.08.2017

¶59

Original Application NO. 173/2023 (CZ)

¶60

Sanket Sahu & Anr vs. State of Madhya Pradesh & Ors.

¶61

¶62

4 Shri Brijesh Sharma, M/s Sharma Stone Crusher	Mohu	418	2.00	25.07.2007	04.08.2007 to 03.08.2017
5 M/s Shreydeep Stone Crusher Through Proprietor Mrs. Kuldeep Gaur	Mohu	360, 361, 362, 365	4.800	05.12.2016	22.03.2007 to 21.03.2017

¶63

That appeals were filed by the aforementioned Project Proponents before the Department of Mineral Resources, Government of Madhya Pradesh, seeking an extension of time beyond the expiration of mining leases for the continuation of mining activities, due to the time spent in obtaining requisite legal permissions/objections as per the rule of law. Thereafter the Department of Mineral Resources, Government of Madhya Pradesh vide Order dated vide Order dated 05.10.2019 an additional timeframe of 21 months was granted for recommencing mining operations, including the adjustment of the remaining term of the previously renewed lease. That Village Mohu, falls within the territorial jurisdiction of Gwalior Development Authority and that in light of unauthorized storage against the Project Proponents pertaining to the aforementioned mines in the year 2018, subsequent renewals of these mines have not been granted. Thereafter the Project Proponents vide Notice dated 21.07.2022 were directed to ensure proper closure and reclamation of mines, but in sheer disregard the same has not been undertaken by the Project Proponent till date.

¶64

That, vide letter dated 07.11.2023, the Mineral Resource Department, Government of Madhya Pradesh, issued directions to all Collectors of Madhya Pradesh to ensure proper reclamation of mines as per Notification dated 31.12.2021 of the Ministry of Environment, Forest and Climate Change, Government of Madhya Pradesh. Thereafter the

¶65

Original Application NO. 173/2023 (CZ)

¶66

Sanket Sahu & Anr vs. State of Madhya Pradesh & Ors.

¶67

¶68

compliance of same physical verification of the approved mines in the village of Mohu was conducted to ascertain the volume of embankments, following which relevant information was sent to the Mineral Resource Department, Government of Madhya Pradesh vide letter dated 15.12.2023.

¶69

In view of the report submitted by the Joint Committee and replies submitted by the State it reveals that the State Administration are taking care of all the things and it is further reported that the notices have been issued to the Project Proponent for compliance of the environmental rules and vide letter dated 07.11.2023 and 15.10.2023 the physical verification are being done by the Mining Department. Accordingly, we direct that the State Pollution Control Board and the Mining Department to periodically monitor the compliances of the environmental rules and to ensure that the lease holders and project proponent shall ensure proper closure and reclamation of mines according to rules and in case of noncompliance the State Pollution Control Board and Mining Department have to take necessary action according to rules.

¶70

With these observations the Original Application No. 173/2023 stands disposed of.

¶71

Sheo Kumar Singh, JM

¶72

Dr. A Senthil Vel, EM

¶73

12^th August, 2024 O.A. No. 173/2023(CZ) K

¶74

Original Application NO. 173/2023 (CZ)

¶75

Sanket Sahu & Anr vs. State of Madhya Pradesh & Ors.

¶76

Sanket Sahu v. State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

Sanket Sahu v. State of Madhya Pradesh

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

Jafar Iquebal Middya Alias Jafar Ali Middya vs the West Bengal Pollution Control Board

Pooja Phillo vs State of Odisha

Santosh Singh vs

Kamlesh Jonwal President Rwa vs Uday Punj

Deepak Rai vs

Bharatiya Kisan Union Purwa through Its Sceretary vs Ground Water Directorate Uttar Pradesh

Bharatiya Kisan Union Purwa through Its Sceretary vs Ground Water Directorate Uttar Pradesh

News Item Titled Immediate Action Against Those Involved in Illegal Excavation and Transportation of Sand the Department Earned So Many Lakhs through Fines.Appearing in Khabar 36 Media Dated 04.03.2024 vs Chattisgarh Environment Conservation Board

Pranjal Karera vs Union of India

Arun Kumar Sharma vs Madhya Pradesh Pollution Control Board

Arun Kumar Sharma vs Madhya Pradesh Pollution Control Board

Amit Kumar vs State of Rajasthan

News Item Titled Immediate Action Against Those Involved in Illegal Excavation and Transportation of Sand the Department Earned So Many Lakhs through Fines.Appearing in Khabar 36 Media Dated 04.03.2024 vs Chattisgarh Environment Conservation Board

News Item Titled Mp the Condition of Mp Ganga Is Very Bad! Devotees Related to Ramayana Are Troubled by the Dirt in Betwa; See Photos Appearing in Zee News Dated 18.04.2024 vs M.P Pollution Control Board