Disposed

P S Saboo v. Union Territory of Andaman and Nicobar Islands

NGT10 Jul 2025Original Application No. 71/2023

Case brief

AI extract

What is this about?

The court noted that the applicant failed to appear. A joint committee report cited in affidavits found no substantiated violations of quarrying or earth cutting norms. The judgment was disposed of by directing the administration to ensure compliance with the committee's recommendations.

What did the court decide?

Direction to Respondent No.4 to ensure recommendations made by the Joint Committee are complied with in letter and spirit and due monitoring is carried out.

P S Saboo vs Union Territory of Andaman and Nicobar Islands — NGT (2025) — LawSathi Research

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Item No.11 Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.71/2023/EZ

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(Earlier O.A. No.357/2023/EZ)

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P.S. Saboo Applicant(s)

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Versus

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Union Territory of Andaman & Nicobar Islands Respondent(s)

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Date of hearing: 10.07.2025 Date of uploading: 14.07.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : None

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For Respondent(s) : Mr. Gigi George, Adv. for R-1,3 & 4 (in Virtual Mode), Ms. Amrita Pandey, Adv. for R-2 (in Virtual Mode)

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ORDER

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Case called out. No one is present for the Applicant.

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No one has appeared on behalf of the Applicant; previously also no one appeared on behalf of the Applicant on 17.03.2025, 31.01.2025, 25.11.2024, 25.09.2024, 02.08.2024, 21.05.2024, 05.04.2024, 13.02.2024, 25.09.2023 and 05.09.2023.

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Heard Mr. Gigi George, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent Nos.1, Andaman & Nicobar Pollution Control Committee, 3, Andaman & Nicobar Coastal Zone Management Authority and 4, Commissioner, Andaman & Nicobar Administration and Ms. Amrita Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.2, Ministry of Environment, Forests and Climate Change (MoEF&CC).

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(Final order of the said case will be uploaded in NGT website by separate sheets of paper)

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..................................... B. Amit Sthalekar, JM

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Dr. Arun Kumar Verma, EM

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July 10, 2025, Original Application No.71/2023/EZ (Earlier O.A. No.357/2023/EZ) SKB

Court No.1

Item No.11

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.71/2023/EZ

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(Earlier O.A. No.357/2023/EZ)

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In the matter of: P.S. Saboo

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Branch President, All India Crime Reforms Organization, Andaman & Nicobar Islands, Port Blair

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.... Applicant(s)

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Versus

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1. Andaman & Nicobar Pollution Control Committee Department of Science & Technology,

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Dollygunj, Port Blair – 744103

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South Andaman, A&N Islands

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2. Ministry of Environment, Forests and Climate Change (MoEF&CC) Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj,

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New Delhi – 110003

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3. Andaman & Nicobar Coastal Zone Management Authority Nodal Office CRZ, Andaman and Nicobar Islands Administration, Chatham,

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Port Blair - 744102

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4. Commissioner, Andaman & Nicobar Administration Deputy Commissioner Office, District – South Andaman, Pin Code - 744101

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.... Respondent(s)

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Date of hearing: 10.07.2025 Date of uploading: 14.07.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : None

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For Respondent(s) : Mr. Gigi George, Adv. for R-1,3 & 4 (in Virtual Mode), Ms. Amrita Pandey, Adv. for R-2 (in Virtual Mode)

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ORDER

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The Original Application No.357 was originally registered by the

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New Delhi Bench of the National Green Tribunal on a letter petition

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dated 12.12.2023 sent by the Applicant, P.S. Saboo, stating to be Branch President, All India Crime Reforms Organization, Andaman & Nicobar Islands, Port Blair.

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Complainant has stated that there are two groups of islands namely Andaman and Nicobar having a total geographical area of 8249 sq. km., comprising 572 islands, islets and rocks covering about 948.8 sq. km. etc.; all the Islands of Andaman & Nicobar are exposed peaks of long ranges of submerged mountains which extent from Myanmar to Sumatra; most of these islands are surrounded by fringing reefs on the eastern side and barrier reefs on their western side; Andaman sea is a coral sea with an archipelago of 24 atolls and submerged banks of coral origin scattered in between Andaman Sea; 15 of the islands are of volcanic origin and mainly includes Mahatma Gandhi National Park and North Bay, Smith and Ross Islands and Cinque Island.

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It is alleged that ecology and environmental equilibrium is being disturbed at South Andaman due to indiscriminate quarry operations, rebuilding and reconstruction work as well as new building coming up due to increase in population and demand of stone and stone products. Villages like Brookshabad, Prathopur and Brichgunj located on the outskirts of capital Port Blair have become centres of island quarrying activities. Blasting, stone crushing, lorries ferrying stone products, skyline covered with dust, drying water reservoirs, withering trees and plants, depleting water table, chocked streams and nallahs are not only causing environmental damage but also causing respiratory diseases due to air pollution. Further, Andaman & Nicobar Islands fall in high seismic hazard zone.

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Thereafter, by order dated 29.05.2023, the said Original Application was transferred to the Eastern Zone Bench, Kolkata and has been re-numbered as Original Application No.71/2023/EZ.

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Other than the allegations recorded by the Tribunal in its order dated 29.05.2023, we also find that a complaint was sent by e-mail to the New Delhi Bench raising several issues which, according to the complainant, impacted the environment seriously.

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a. It is alleged that earth cutting of hilly land and earth filling in natural drains and paddy land is being carried out in Port Blair, Andaman District. Photographs of hill cutting under Chouldari Panchayat have been filed with the complaint.

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b. It is also alleged that earth cutting by land dealers is being carried out in the Nayasher region in South Andaman and there are earth cutting and earth filling encroachments of natural drains leading from the nearby Vasundhara Dam and almost all the natural nallah/drain paths leading from the dam upto sea have been encroached and levelled with the result that if there is continuous rain, the water overflowing from the dam will lead to massive flooding.

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c. Massive hill cutting is also alleged in Villages like – Manglutang, Humfrygunj, Wandoor and Guptapara.

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d. It is also alleged that there is indiscriminate felling of mangrove trees at Mayabunder under N & M Andaman District. It is stated that mangrove trees have been felled by the Electricity Department for installing electronic poles. No steps have been taken for protection of the mangroves.

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The Andaman & Nicobar Pollution Control Committee was required to file the Committee Report as per the order of the Principal

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Bench, National Green Tribunal, dated 29.05.2023, but the same has not yet been filed.

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Affidavit dated 22.09.2023 has been filed by the Member Secretary, Andaman and Nicobar Pollution Control Committee, Andaman & Nicobar Administration, Port Blair. Along with this affidavit, a Joint Committee Inspection Report has been filed which reads as under:-

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“Report of the Joint Committee constituted in O.A. 357 of 2023NGT(SZ), in the matter of P.S. Saboo vs Union Territory of Andaman & Nicobar Islands, in Hon'ble, NGT, Principal Bench, New Delhi dated 29.05.2023.

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1. Background:

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The Hon’ble National Green Tribunal (NGT), Principal Bench, New Delhi vide order dated 29.05.2023 constituted a Joint Committee comprising State PCB, Regional Officer, MoEF&CC, Kolkata and Andaman & Nicobar Coastal Zone Management Authority who shall visit the site, collect relevant information and submit a factual as well as action taken report, if any.

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Further, vide Hon'ble NGT Eastern Zone order dated 05-09-2023 in O.A No. 71/2023 granted further two-weeks time for filing the Committee Report on affidavit.

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2. Constitution of the Joint Committee :

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In compliance with the directions of the Hon’ble NGT, the Joint Committee has been constituted comprising the following members based on the Officers deputed/ nominated from the Authorities concerned:

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i. Shri. Ravi Horo, IFS, Conservator of Forest (Eco-Tourism, Biosphere Reserve, Coastal Zone), Andaman & Nicobar Coastal Zone Management Authority

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ii. Shri. Abhishek Bhukal, DANICS, Member Secretary, A&N Pollution Control Committee

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iii. Dr. E. Arockia Lenin, Scientist D, Regional Office, MoEF&CC, Chennai.

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3. Terms of Reference (TOR) to the Committee

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The Terms of reference (ToR) to the Joint Committee referred therein the Order dated 29.05.2023 of Hon'ble NGT in the above matter inter-alia includes the following:

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“to obtain a factual report for which purpose, we constitute a joint Committee comprising State PCB, Regional Officer, MoEF&CC, Kolkata and Andaman & Nicobar Coastal Zone Management Authority who shall visit the site, collect relevant information and submit a factual as well as action taken, if any, report within two months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF.”

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Site visit of the Joint Committee

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In compliance to the Order dated 29.05.2023 of Hon’ble NGT in the above matter, a meeting of the Joint Committee was held on 31.08.2023 at the office of Member Secretary, A&N Pollution Control Committee. During the meeting, Member Secretary, A&N Pollution Control Committee deliberated upon the background of this case and discussed further course of action in compliance to the direction of Hon'ble NGT. Followed by the meeting, Joint Committee has carried out site visit of the quarry area located in the Brookshabad area, South Andaman district and stone crushing units located at Prothrapur, South Andaman district.

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Observations of Joint committee

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a) Quarry:

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The Joint committee visited the quarry area located in the Brookshabad area of South Andaman. This quarry was started in the year 2020. The last Approval was issued by the office of Deputy Commissioner, South Andaman for quarrying activities at Brookshabad village in File No. 140/ACS/Quarry/SA/TS-1/2019 on 04.10.2021. The quarry sites are located beyond 500m from HTL as per the CRZ Notification 2011.

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As per the quarry plan notified in A & N Gazette notification No. 280 dated 28-10-2019, extraction of up to 12000 cbm minor mineral was allowed from each site per annum. Further, the Study on Potentiality of Stone Availability in A&N Islands conducted by Department of Mining Engineering-IIT Kharagpur in the year 2021, the total stone resources available at Brookshabad (A and B Blocks) Port Blair is 3.12 million m3. Only 0.136460 million m3 of quarry materials have been extracted at Brookshabad for the year 2021-22, as per the report furnished by Assistant Commissioner (Settlement), which shows that the extracted quantum of quarry products is well within the limits set as per the quarry plan. The year wise production details obtained from office of Assistant Commissioner (Settlement) vide letter No. 133/ACS/QUARRY/TS-I/2019/1133 dated 08-08-2023 is given in Annexure -I.

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During the site visit, no mining operations were observed in the quarry area. It is submitted that quarry operations are closed since 30.11.2022 (except 01 site which was closed on 06.02.2023). Tendering process for reallocation of the quarry is under process.

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Length and width of quarries are not in uniform size, however, an area of 0.2050 ha (hectare) is earmarked for quarrying without use of explosive and an area of 0.2500 ha (hectare) is earmarked for quarrying with the use of explosive respectively in the last allotment.

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Requirement of Environmental Clearance:

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As per the MoEF&CC notification S.O. 3977(E)New Delhi, dated 14th August, 2018, the Schematic Presentation of Requirements on Environmental Clearance of Minor Minerals including cluster situation in Appendix-XI is reproduced as below,

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*Area* of *Lease* *(Hectare)*	*Category of* *Project*	*Requirement* *of EIA/ EMP/* *DSR*	*Requirement* of *Public* *Hearing*	*Requirement* *of EC*	*Who* *can* *prepare* *EIA/ EMP*	*Who will* *apply* *for EC*	*Authority* to *appraise/* *grant EC*	*Authority to* *monitor EC* *compliance*
	*EC Proposa*	*l of Sand Mining*	*and Other Mino*	*r Mineral Minin*	*g on the basis*	*of individu*	*al mine lease*
0 – 5 ha	‘B2’	Form – 1M,	No	Yes	Project	Project	DEAC/	DEIAA
		PFR, DSR and Approved Mine			Proponent	Proponent	DEIAA *	SEIAA SPCB

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Plan Presently CPCB
SEAC/ MoEF&CC
SEIAA as Agency
per MoEF nominated
& CC OM by
dated 28- MoEF&CC
04-2023
> ha and ‘B2’ Form – 1, PFR, No Yes Project Project SEAC/
< 25 ha DSR and Proponent Proponent SEIAA
Approved Mine
Plan and EMP
25 ha ‘B1’ Form – 1, PFR, Yes Yes Project Project SEAC/
and ≤ DSR and Proponent Proponent SEIAA
100 ha Approved Mine
Plan and EIA
and EMP
> 100 ha ‘A’ Form – 1, PFR, Yes Yes Project Project EAC/
DSR and Proponent Proponent MoEFCC
Approved Mine
Plan and EIA
and EMP

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This quarry has obtained environmental clearance from DEIAA vide Letter No. 156/ACS/Quarry/TS-II/2019/1258 dated 30-12-2021. Copy enclosed as Annexure-II.

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Response of the Joint Committee to the Issues raised in the Original Application

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ANPCC vide letter No. 7-68 / PCC / NGT (O.A.No.357 / 2023) /2023/558 and 559 dated 11-09-2023 sought information from Deputy Commissioner (South Andaman) & Deputy Commissioner (North & Middle Andaman district) w.r.t Issues raised in Hon'ble NGT order dated 29-05-2023 and 05-092023. Based on the information received from Deputy Commissioners vide letter No.2-29/Earth/2023/1045 dated 18-09-2023 and letter No.4-350 / Estt/ DC (N&MA)/ 2023/ 1391 dated 15-09-2023, point-wise information is mentioned in tabular form below. Copies of letters are enclosed as

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Annexure-III and Annexure IV.

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S. *No.*	*Issues raised in the* *Application* _Issue raised in Order _	*Response of the Joint* *Committee* *based* on *information* *received* *from line departments* *dated 29-05-2023*
1.	Indiscriminate quarry operations, rebuilding and reconstruction work as well as new building coming up due to	The quarry operations in the South Andaman District are regulated as per the notified quarry plan (enclosed in Annexure I) under A & N Islands Minor
	increase inpopulation	Mineral Rules, 2012.

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	and demand of stone and stone products.	After identification of suitable quarry blocks, a feasibility study was carried out by IIT Kharagpur. Based on the study the total availability of minerals assessed, it was decided to allow quarrying operations on the principles of sustainability and inter- generational equity.
2.	Villages like Brookshabad, Prathopur and Brichgunj located on outskirts of capital Port Blair have become centres of island quarrying activities.	The quarry blocks are located in the Brookshabad village only and Prothrapur & Brichgunj villages are located in the vicinity of quarry blocks. Only the village of Brookshabad under Port Blair Tehsil is having its natural resources of stone and feasibility of stone mining. The sites selected for quarry operations were finalized as per the norms prescribed, CRZ notification 2011 and the feasibility study for potentiality on quarry blocks through an official detailed survey and mapping by IIT Kharagpur.
3.	Blasting, stone crushing, lorries ferrying stone products, skyline covered with dust, drying water reservoirs, withering trees and plants, depleting water table, chocked streams and nallahs are not only causing environmental	The blasting operations, if any required, are permitted through official procedure and after verification of all requisite guidelines. These mandatory guidelines include frequent water spraying, protection of water bodies etc. The PM10 is complying with the standards as per the
	damage but also causing respiratory diseases due to air	data collected by air quality monitoring stations at Brookshabad.
	pollution.
	*Issues Raised in Orde*	*r dated 05-09-2023*
4.	Earth cutting of hilly land and earth filing in natural drains and paddy land in and around Port Blair.	It is to report that permit for extraction of earth measuring 75,538 cbm was issued in and around Port Blair since 2021 to various individuals for agriculture improvement / developing of agriculture holding and permits were also issued to

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		various Govt. departments for different projects viz. Construction of road etc. It is pertinent to mention that such permits were given as per Rule 47 “Quarrying for domestic or agricultural purpose” of The A&N Islands Minor Minerals Rules, 2012.
		Earth Cutting permissions are issued after obtaining a duly recommended 18 points report from the concerned Tehsildar (Format is attached as Annexure IV). All the earth concerned cases after proper verification are placed before the competent authority/committee through the Deputy Commissioner (SA).
5.	Hill cutting under Chouldari Panchayat	Within the preceding biennium, the Andaman
6.	Earth cutting by land dealers in the Nayasher region in South	and Nicobar Administration duly issued a total of 2.5 permits (comprising a
	Andaman	cumulative volume of
7.	Massive hill cutting in Manglutang, Humfrygunj, Wandoor and Guptapara	75,538 cubic meters) for the extraction of earth. These permits were granted to various entities, including Panchayati Raj Institutions (PRIs), the Andaman Public Works Department (APWD), the National Highways and Infrastructure Development Corporation Limited (NHIDCL) as well as private tenants. The intended purpose for these extractions encompassed developmental initiatives, agricultural enhancements, and the construction of road infrastructure among other endeavors.
8.	Earth cutting and earth fillng encroachments of natural drains leading from nearby Vasundhara Dam and	It has been reported by the Tehsildar that duringthe last two-year period, there have been no instances of earth filling occurring within

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	almost all the natural nallah/drain paths leading from the dam up to sea have been encroached and levelled with the results that if there is continuous rain, the water overflowing from the dam will lead to massive flooding.	the natural watercourses or drainage systems (nallah/drain) within the Chouldari, Manglutan, Wandoor, and Nayashahar villages. Moreover, no significant occurrences of earth sliding or flooding have been reported within the same villages during the same period. It is also pertinent to mention that a total penalty of Rs. 45,95,480/- in 14 Nos. of cases so far was imposed upon various individuals in the year 2022-23, u/s 201(6) of A & N LR & LRR 1966 and Section 34 of A & N Islands Minor Minerals Rules, 2012 (enclosed in Annexure IV), for unauthorized dumping and extraction of earth. Report of revenue department is enclosed as Annexure IV.
9.	Indiscriminate felling of mangrove trees at Mayabunder.	There have been no instances of indiscriminate felling of trees reported in
10.	Felling of Mangrove trees by the Electricity department for installation of electric pole	Mayabunder. Electricity department submits that no new high tension lines have been drawn in the recent past. Some of the old RCC damaged poles have been _replaced in Tugapur area”. _
11.	Steps taken for protection of mangroves.	Regular patrolling are done by the frontline execution staff in creeks with mangroves using engine dinghies and foot patrolling is done in landward side by respective beat officer having jurisdiction to prevent damage to mangroves through anthropogenic causes. Fisherman and general public are sensitized about the importance of mangrove ecosystem and the need of its protection. Further, the mangroves which are degraded post Tsunami of 2004 are restored by taking up annual plantations.

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In addition to the above, particularly the degraded mangroves near the human habitations, are restored by planting in gaps with fencing of plantations to ensure its restoration.

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b) Stone Crushing Units:

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The Joint committee visited four crushing units randomly located in the Prothrapur, in South Andaman district. All the stone crushing units are operating in Andaman and Nicobar Islands after obtaining Consent to Operate from ANPCC. The list of crushing units operating in ANT is given in Annexure -VI. Compliance status w.r.t Consent to Operate issued by ANPCC are given in Annexure VII.

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Recommendations of the Committee:

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Although no violations were observed during the site visit, quarterly review of the quarry and stone crusher operators should be done. In case there is any finding where non-compliance of regulations is observed, Environmental Compensation, based on methodology given by CPCB should be imposed. Repeated violations of the norms should result into blacklisting of the unit.

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Strengthening Monitoring mechanisms: Apart from submission of SPM test results in the quarterly reports submitted by the Stone crusher units, an independent air quality monitoring station should be installed in the vicinity of the quarry site for cross verification of results submitted in the quarterly reports.

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A system should be put in place in order to enable centralized monitoring of passage of materials from the quarry blocks. In this regard, e-way permit system could be explored for trucks/ carriers at entry/ exit points of the quarry. Also, trucks/ carriers should have mandatory enabled GPS.

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At present, the methodology for calculation of extracted material is based on volume of the truck or carrier. A robust scientific mechanism should be put in place to

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arrive at an accurate picture in terms of measurement of the material.

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Maintenance and upkeep of pollution containment measures: Although there were no violations observed, Sprinklers, dust collectors, wind breaking sheets, green belt etc. being significant in keeping air pollution around the quarry or stone crushing sites in check. Hence, their maintenance is equally important, which should form part of the quarterly report.

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Social Responsibility: It should be a mandated social responsibility of the units involved in quarry and stone crushing operations, to properly maintain adequate vegetation around the periphery to prevent the spread of dust/ particulate matter in the surrounding area.

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Measures to be undertaken during transportation: Although, quarry was not operational during the site visit, committee strongly emphasizes that Trucks carrying the material beyond the permissible limit, if any should be strictly fined and repeated violation should result into seizure of license. Proper covering of material loaded on trucks is essential to prevent dust/ particulate matter from spreading across the transit route.

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Safety measures for workers: Since, the quarry was not operational, it cannot he ascertained whether proper protective gears are being provided to the workers or not, however, it shall be the responsibility of the employer to provide its workers with industrial safety gears like helmet, face mask, eye safety gear etc. and provide them with accidental insurance cover. The operators should also maintain a risk assessment register and have an occupational safety policy in place.”

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The Inspection Report notes that as per quarry plan notified in the Andaman & Nicobar Gazette notification No.280 dated 28.10.2019 extraction of up to 12000 cbm minor mineral was allowed from

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each site per annum; the approval for quarrying activities at Brookshabad village was granted on 04.10.2021; the quarry sites are located beyond 500m from HTL (High Tide Level) as per CRZ Notification 2011. It is stated that as per study on potentiality of stone availability in Andaman & Nicobar Islands conducted by Department of Mining Engineering-IIT, Khargpur in the year 2021, the total stone resources available at Brookshabad (A and B Blocks) Port Blair is 3.12 million m³ and out of the total only 0.136460 million m³ of quarry material has been extracted at Brookshabad for the year 2021-22 as per report furnished by Assistant Commissioner (Settlement) and, therefore, it is stated that extracted quantum of quarry products is well within the limits as given in the quarry plan.

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The Inspection Committee further noted that during site visit, no mining operations were observed in the quarry area; quarry operations have remained closed since 30.12.2022 (except one site which was closed on 06.02.2023) and tendering process for reallocation of the quarry is under process.

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The Inspection Report mentions that the length and width of the quarries are not uniform in size, however an area of 0.2050 ha. is earmarked for quarrying without use of explosives and an area of 0.2500 ha. is earmarked for quarrying with the use of explosives respectively in the last allotment. The Report has given the Schematic Presentation of Requirements on Environmental Clearance of Minor Minerals including cluster situation, as per MoEF Notification S.O. 3977 (E) New Delhi dated 14^th August, 2018 in the form of chart which has already been extracted hereinabove.

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The Inspection Report also mentions that quarry has obtained Environmental Clearance from the District Environment Impact Assessment Authority (‘DEIAA’ for short) vide letter dated 30.12.2021.

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A perusal of the issues raised in the various orders passed by this Tribunal and the response of the Joint Committee is given in the report itself. It is stated that with regard to villages like Brookshabad, Prothrapur and Brichgunj located on the outskirts of Port Blair, quarry blocks are located in the Brookshabad village only and Prothrapur & Brichgunj villages are located in the vicinity of the quarry blocks but only the village of Brookshabad is having natural resources of stone and feasibility of stone mining; the sites selected for quarrying operations were finalized as per norms prescribed under CRZ Notification 2011 in terms of detailed survey and mapping carried out by IIT, Kharagpur.

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It is also stated that blasting operations, if any, are permitted through official procedure after verification of all requisite guidelines; it is stated that permit for extraction of 75,538 cum of earth was issued in and around Port Blair since 2021 to various individuals for agriculture improvement/developing of agriculture holding and permits were also issued to various Government Departments for different Projects such as road construction etc. It is also stated that earth cutting permissions are issued after obtaining duly recommended 18 points report from the concerned Tehsildar; all earth concerned cases, after proper verification, were placed before the Competent Authority/Committee through Dy. Commissioner vide order dated 03.02.2021. It is further stated that during the preceding biennium, the Andaman & Nicobar

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Administration has duly issued a total of 25 permits comprising a cumulative volume of 75,538 cum for extraction of earth; these permits were granted to various entities, including Panchayati Raj Institutions (PRIs), Andaman Public Works Department (APWD) and the National Highways and Infrastructure Development Corporation Limited (NHIDCL) as well as private entities.

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The Inspection Report further mentions that as reported by the Tehsildar during the last two-year period, there have been no instances of earth filling occurring within the natural watercourses or drainage systems (nallah/drain) within the Chouldari, Manglutan, Wandoor, and Nayashahar villages; no significant occurrences of earth sliding or flooding have been reported within the said villages during this period. The Inspection Committee also notes that a total penalty of Rs.45,95,480/- in 14 cases was imposed upon various individuals in the year 2022-23 under Section 201 (6) Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 and Section 34 of the Andaman and Nicobar Islands Minor Minerals Rules, 2012 for unauthorized dumping and extraction of earth. It is stated that there have been no instances of indiscriminate felling of trees in Mayabunder; the Electricity Department submitted that no new high tensions lines have been drawn in the recent past; some old RCC damaged poles have been replaced in Tugapur area.

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With regard to protection of mangroves, the Report mentions that regular patrolling is being carried out for the frontline execution staff in creeks with mangroves using engine dinghies and foot patrolling is done in the landward side by respective beat officer; fisherman and general public have been sensitized about the

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importance of mangrove ecosystem and the need for its protection; mangroves which are degraded post Tsunami of 2004 have been restored by taking up annual plantations and in addition thereto degraded mangroves near the human habitations have been restored by planting in gaps with fencing of plantations to ensure its restoration.

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With regard to Stone Crushing Units, the Report mentions that all stone crushing units are operating in Andaman and Nicobar Islands after obtaining Consent to Operate (CTO) from the Andaman and Nicobar Pollution Control Committee.

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Under the heading ‘Recommendations’ of the Committee, it is stated that no violations were observed during site visit. The Report also recommends that a system should be put in place in order to enable centralized monitoring of passage of materials from the quarry blocks and e-way permit system could be explored for trucks/carriers at entry/exist points of the quarry and trucks/carriers should have mandatory enabled GPS. It is also stated that methodology for calculation of extracted materials is based on the volume of trucks/carriers though robust scientific mechanism should be put in place to arrive at an accurate picture in terms of measurement of the material extracted.

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It has also been recommended that maintenance and upkeep of pollution containment measures like sprinklers, dust collectors, wind breaking sheets, green belt etc. around the quarry or stone crushing sites must be installed.

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Under the heading ‘Social Responsibility’, it has been recommended that it should be a mandated social responsibility of the units involved in quarrying and stone crushing operations to properly

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maintain adequate vegetation around the periphery to prevent the spread of dust/particulate matter in the surrounding area.

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The Respondent No.2, Ministry of Environment, Forests and Climate Change, through its affidavit dated 12.11.2024 has also brought on record the same Inspection Report which has already been extracted hereinabove.

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The Andaman & Nicobar Pollution Control Committee has filed affidavit dated 29.01.2025 bringing on record the Current Status Report of the recommendations outlined in the Joint Committee Report, which is based on the report of the office of the Dy. Commissioner submitted by the Member Secretary, Andaman & Nicobar Pollution Control Committee, Andaman and Nicobar Administration, dated 27.11.2024, copy of which has been filed along with the said affidavit. The Current Status Report reads as under:-

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“Current Status Report of The Recommendations Outlined by The Joint Committee, in the matter Of P.S. Saboo Vs Union Territory of Andaman & Nicobar Islands in Compliance of Hon’ble National Green Tribunal, Eastern Zone, Kolkata- Order Dated 25/09/2024 passed in Original Application No. 71 Of 2023

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1. Background:

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Further, vide Hon’ble NGT Eastern Zone (EZ) order dated 05.09.2023 in O.A. No. 71 of 2023 granted time for filing the Committee Report on affidavit. In this context, The Inspection Report dated 17-03-2023 was filed before this tribunal and vide Order dated 25-09-2024, the Hon’ble Tribunal (EZ) enquired

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regarding the current status report on the basis of recommendations outlined by the Joint Committee’s Inspection Report.

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2. Recommendations of the Committee:

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The Committee’s Report proposed eight key recommendations, which were forwarded to the Deputy Commissioner’s Office (North & Middle Andaman District) and the Assistant Commissioner’s Office (Settlement, South Andaman District). After receiving feedback from these offices, the Andaman & Nicobar Pollution Control Committee (ANPCC) has summarized the current status in the table below:

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NORTH & MIDDLE ANDAMAN DISTRICT : (A copy received from O/o Deputy Commissioner, N & M Andaman is annexed as Annexure-2A)

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S. *No.*	Cu	*rrent Status/Action T*	*aken Report*
	*Recommendations* *of the Committee*	*Harinagar*	*Panchawati*	*Madhu* *Shyam*	*pur* *nag*	& _ar _
1.	Although no violations	The quarterly	A 24x7 CCTV	The qu	arter	ly
	were observed during	review of the quarry	camera with	review	of	the
	the site visit, quarterly	site situated at	Wi-Fi	quarry		sites
	review of the quarry	Harinagar has been	connectivity	located		at
	and stone crusher	done. However, no	and an inverter	Madhu	pur	and
	operators should be	violation has been	has been	Shyamn	aga	r
	done. In case there is	observed during the	installed at the	villages	has	been
	any finding where	visit. At present only	main entrance	conduct	ed.
	noncompliance of	one lease holder	of the	Current	ly,	no
	regulations is	namely M/s	Panchawati	quarry	sites	are
	observed.	General Manager	Quarry site.	operatio	nal	at
	Environmental	(Project), NHIDCL,	The system,	these	loca	tions
	Compensation based	Port Blair is	equipped with	under		the
	on methodology given	operating the quarry	a DVR, is	Diglipur	Teh	sil.
	by CPCB should be	site bearing site	monitored by
	imposed. Repeated	No.4/P /1- E,	staff assigned
	violations of the norms	Harinagar. Steps	on a rotational
	should result into	are being taken to	basis. This
	blacklisting of the	maintain 45 –	setup is in
	unit.	degree angle and	place to ensure
		extraction is	the proper
		confined more	monitoring of
		towards centre	quarry
		region. However,	activities, with
		strict instruction has	aspecific focus
		been issued to quarry lease holder	on adherence to extraction

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		to adhere with the norms and regulations given by CPCB.	limits and the prevention of unauthorized milling. A recent quarterly review was conducted at the Panchawati Quarry, revealing no violations of environmental norms. The leaseholder has been instructed to maintain compliance with the prescribed 45- degree slope for excavation and adhere strictly to the regulations set forth by the Central Pollution Control Board
			(CPCB).
2.	Strengthening Monitoring	A schedule for Air Quality Monitoring	A schedule for Air Quality	To strengthen the monitoring
	mechanisms: Apart	is being established	Monitoring is	mechanism at
	from submission of	to ensure	being	the respective
	SPM test results in the	compliance with the	established to	sites, this office
	quarterly reports	National Ambient	ensure	has installed
	submitted by the	Air Quality	compliance	CCTV cameras
	Stone crusher units, an	Standards. The	with the	with Wi-Fi
	independent air quality	recommended	National	connectivity at
	monitoring station	installation of an	Ambient Air	the main
	should be installed in	independent air	Quality	entrance points.
	the vicinity of the	quality monitoring	Standards.	These cameras
	quarry site for cross	station in the	The	are operational
	verification of results	vicinity of the	recommended	24/7.
	submitted in the	quarry site will be	installation of
	quarterly reports.	fully complied with.	an
		It is pertinent to mention here that	independent air quality

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		the quarry site at Harinagar is situated at topographic location surrounded by naturally grown trees and herbs, notwithstanding the fact that till dated no any complaint of air pollution is reported from Harinagar quarry site. However, various attempts have been taken to minimize the air pollution.	monitoring station in the vicinity of the quarry site will be fully complied with. Results from this monitoring will be cross- verified and included in the quarterly reports. The Panchawati Quarry surrounded by natural vegetation, has not reported any instances of air pollution, but ongoing efforts are focused on minimizing potential environmental impacts.
3.	A system should be put in place in order to enable centralized monitoring of passage of materials from the quarry blocks. In this regard, a-way permit system could be explored for trucks /carriers at entry/exit points of the quarry. Also, trucks/carriers	A permanent monitoring station is functional with rotational duty staff round the clock at the site. Moreover, a centralized e- Transit Pass system is currently operational for transporting quarry products from	A permanent monitoring station with a dedicated duty staff is active on-site to oversee all activities round the clock. A centralized Transit Pass system is	Since no quarries are operational, the earlier e- transit pass system was used for transporting quarry products from the respective sites by the duty staff Trucks carrying
	should have mandatory enabled GPS.	Harinagar Quarry site and cross checking of trucks carrying quarry products at entry and exit points of the quarry has been carried out by	operational to regulate the transportation of quarry materials. Entry and exit points are monitored, and a	quarry products were cross- checked at the exit point, with a movement register maintained for

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maintaining movement records.
movement register register is
by the maintained in
duty staff Further, it ensure
is reiterated that a accuracy in
24x7 CCTV camera recording
with Wi-Fi material
connection & transportation.
inverter has already
been installed at
the main entrance of
the proposed
Harinagar quarry
site, with DVR and
rotational duty staff
has been functional
round the clock for
routine surveillance
and on-site
verification to
ensure extraction of
quarry materials
adheres to
permitted values
and that no illicit
mining activities
take place at the
sites.
4. At present, the At present the The current The
methodology for methodology for methodology methodology for
calculation of calculation of for assessing calculating the
extracted material is extracted material extracted extracted
based on volume of is done in materials material is
the truck or carrier. A accordance with relies on the based on the
robust scientific the volume of the truck volume. volume of the
mechanism should be truck or carriers. However, truck or carrier.
putin place to arrive at Plans and efforts steps are Plans and
an accurate picture in are being initiated being taken to efforts are
terms of measurement for installation of implement a underway to
of the material. robust scientific more precise implement a
mechanism to scientific more robust
ensure accurate method to scientific
picture in terms of ensure mechanism to
measurement of accurate ensure accurate
the materials. calculations of measurement of
extracted the materials.
volumes.
5. Maintenance and A comprehensive A tree A
upkeep of pollution tree plantation plantation comprehensive
containment initiative is being initiative is tree plantation

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	measures: Although	developed in	being	is being
	there were no violations observed,	collaboration with Forest Department	undertaken in partnership	developed in collaboration
	Sprinklers, dust collectors, wind breaking sheets, green belt etc. being significant in keeping air pollution around	within the quarry area to support biodiversity in spite of the fact that natural grown trees and less	with the Forest Department, focusing on enhancing biodiversity	with the Forest Department within the quarry area to support biodiversity,
	the quarry or stone crushing sites in	pollution exist in and around at the	around the quarry site.	alongside the presence of
	check. Hence, their maintenance is equally important, which should form	Harinagar quarry site. Moreover. Necessary	Despite the existing natural cover, additional	naturally grown trees and the generally lower pollution levels
	part of the quarter report.	directions were given to all quarry lease holders to sprinkle water, placing wind breaking sheets, green belt etc. for keeping air pollution in and around the quarry site in check and control.	efforts are being made to create a sustainable environment in and around the Panchawati Quarry.	around the quarry sites. Furthermore, necessary pollution control measures, including the maintenance of sprinklers, dust collectors and green belts, will be actively implemented to mitigate air pollution around the quarry and stone crushing sites.
6.	Social Responsibility: It Should be a mandated social responsibility of the units involved in quarry and stone	Necessary direction has been given to all quarry lease holders for properly maintaining	All quarry leaseholders have been instructed to enforce dust	Currently, no quarries are operational at Diglipur Tehsil. However, once
	crushing operations, to	adequate vegetation	control	quarry sites are
	properly maintain adequate vegetation round the periphery to	around the periphery of quarry site to prevent the	measures, such as regular water	operational, necessary directions will be
	prevent the spread of dust/particulate	spread of dust/ particulate matters	sprinkling, the installation of	issued to leaseholders to
	matter in the	in the surrounding	wind-breaking	maintain
	surrounding area.	area. Plans have been chalked out for re-grassing	sheets, and the establishment of a green belt	adequate vegetation around the
		disturbed area and planting vegetation	around the periphery of	periphery of the quarry sites to

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		around the periphery to prevent the pollution.	the site. Plans are also underway to re-grass disturbed areas and create additional vegetation buffers to limit the spread of particulate matter.	prevent the spread of dust and particulate matter in the surrounding areas.
7.	Measures to be undertaken during transportation: Although, the quarry was not operational during the site visit, committee strongly emphasizes that	The deputed staff under Revenue Department is regularly carrying out checking of trucks and the quantity of carrying materials. Any	The staff from the Revenue Department conducts regular inspections of trucks to verify compliance	Upon the commencement of quarry operations, the deputed revenue staff on duty will be directed to check the trucks
	Trucks, carrying the material beyond the permissible limit, if any should be strictly fined and repeated violation	violation will be dealt in accordance with Andaman Nicobar Mines and Minerals Act.	with material transport limits. Any violations identified will	and the quantity of materials being carried. Any violations will be dealt with
	should result into		be dealt with	in accordance
	seizure of license.		as per the	with the
	Proper covering of material loaded on trucks is essential to prevent dust/ particulate matter form spreading across the transit route.		provisions of the Andaman Nicobar Mines and Minerals Act.	Andaman & Nicobar Mines and Minerals Act.
8.	Safety measures of workers: Since, the	Necessary directions have	All leaseholders	As of now, no quarries are
	quarry was not	already been given	have been	operational.
	operational, it cannot	to all the lease	directed to	Once the
	be ascertained	holders to provide	supply	quarries are
	whether proper	appropriate	appropriate	operational,
	protective gears are	protective	protective gear	directions will be
	being provided to the	equipments and	and safety	given to the
	works or not, however,	industrial safety	equipment to	leaseholders to
	it shall be the	gears to all the	workers. They	provide
	responsibility of the employer to provide its	workers and provide them with	are also required to	appropriate protective
	workers with industrial	accidental	ensure that all	equipment and
	safety gears like	insurance cover.	employees are	industrial safety
	helmet, face mask, eye		covered by	gear to all

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safety gear etc. and	accident	workers, along
provide them with	insurance.	with accident
accidental insurance		insurance
cover. The operators		coverage.
should also maintain a
risk assessment
register and have an
occupational safety
polity in place.

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SOUTH ANDAMAN DISTRICT: (A copy received from O/o Assistant commissioner (Settlement), South Andaman is annexed as Annexure-2B)

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*S. No.*	*Recommendation of the Committee*	*Current Status/ Action* *Taken Report*
1.	Although no violations were observed during the site visit, quarterly review of the quarry and stone crusher operators should be done. In case there is any finding where noncompliance of regulations is observed. Environmental Compensation, based on methodology given by CPCB should be imposed. Repeated violations of the norms should result into blacklisting of the unit.	The Tehsildar, Sri Vijaya Puram reported that the regular inspections are being conducted at the quarry site and any violations of the prescribed norms are identified and reported promptly for necessary action. Moreover, staffs have been deputed on duty at these check posts round the clock to monitor and regulate the transportation of quarry products.
2.	Strengthening Monitoring mechanisms: Apart from submission of SPM test results in the quarterly reports submitted by the Stone crusher units, an independent air quality monitoring station should be installed in the vicinity of the quarry site for cross verification of results submitted in the quarterly reports.	Currently, one Continuous Ambient Air Quality Monitoring Station (CAAQMS) is operational at Junglighat. In addition, three more air quality monitoring stations are installed at Aberdeen Bazaar, Brookshabad, and Chouldari. Quarterly test reports from these stations will be submitted accordingly.
3.	A system should be put in place in order to enable centralized monitoring of passage of materials from the quarry blocks. In this regard, e-way permit system could be explored for trucks/carriers at	Check posts have been installed at the entrance of the quarry site, and duty staff has been

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	entry/exit points of the quarry. Also, trucks/carriers	deployed around the
	should have mandatory enabled GPs.	clock to monitor and regulate the transportation of quarry products. While the e- way permit system is not currently in place, steps are being taken to explore its implementation for trucks and carriers at the entry/exit points of the quarry. At present, transit passes are issued by the District office for vehicles transporting quarry products outside the quarry blocks. Only vehicles with valid Transport Permits (TPs) are permitted to transport these products. Additionally, plans are in place to equip trucks transporting quarry products with GPS devices for better
		tracking and monitoring.
4.	At present, the methodology for calculation of extracted material is based on volume of the truck or	The calculation of extracted materials
	carrier. A robust scientific mechanism should be put	transported from the
	in place to arrive at an accurate picture in terms of measurement of the material.	quarry site is currently based on the volume capacity of the trucks. A proposal has been initiated to install the weighing bridge at quarry area for accurate measurement of materials which is under process.
5.	Maintenance and upkeep of pollution containment measures: Although there were no violations	Report submitted by the Tehsildar; Sri Vijaya
	observed, Sprinklers, dust collectors, wind breaking sheets, green belt etc. being significant in keeping air pollution around the quarry or stone crushing sites in check. Hence, their maintenance is equally	Puram is enclosed herewith. (Annexure- 2C)
	important, which should form part of the quarter
6.	report. Social Responsibility: It should be a mandated social	Most Stone Crushing Unit

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	responsibility of the units involved in quarry and stone crushing operations, to properly maintain adequate vegetation round the periphery to prevent the spread of dust/particulate matter in the surrounding area.	(SCU) operators have maintained adequate vegetation around the periphery of their units. As regarding the quarry sites, it is to submit that the same is located in an isolated area, surrounded by naturally grown trees and plants. Quarry and SCU operators have been instructed to plant additional trees to help prevent the spread of dust in the surrounding areas.
7.	Measures to be undertaken during transportation: Although, the quarry was not operational during the site visit, committee strongly emphasizes that Trucks, carrying the material beyond the permissible limit, if any should be strictly fined and repeated violation should result into seizure of license. Proper covering of material loaded on trucks is essential to prevent dust/particulate matter form spreading across the transit route.	Strict monitoring is done to ensure that trucks carrying quarry products from the quarry site operate within permissible weight / capacity limits. Staffs have been engaged at the quarry entrance for this purpose.
8.	Safety measures of workers: Since, the quarry was not operational, it cannot he ascertained whether proper protective gears are being provided to the works or not, however, it shall be the responsibility of the employer to provide its workers with industrial safety gears like helmet, face mask, eye safety gear etc. and provide them with accidental insurance cover. The operators should also maintain a risk assessment register and have an occupational safety polity in place.	Safety equipment usage within SCUs and the quarry site is currently inadequate. Although safety equipment’s are found to be provided by the SCU and quarry operators to the workers but is usage is often limited to the time of inspection. Hence, all the SCU Operators have been issued notice accordingly vide R.C. No.1897/TSVP/2024 dated 13.12.2024 to rectify the deficiencies noted in their respective SCU. Regular instructions are

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issued to ensure proper use of safety equipment in the quarry and SCU premises.

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The Andaman & Nicobar Pollution Control Committee has filed further Compliance Report dated 29.01.2025 also bringing on record the Current Status Report on the recommendations made by the Committee, which has already been extracted hereinabove.

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The Andaman & Nicobar Coastal Zone Management Authority has filed affidavit dated 13.03.2025 stating that as per the Island Protection Zone (IPZ)/Coastal Regulation Zone (CRZ) Notification, S.O. 20 (E) dated 06.01.2011 and Notification S.O. 2558 (E) dated 22.08.2013, issued by the MoEF&CC, the environmental management for the Union Territory of Andaman and Nicobar Islands shall be as under:-

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i. The entire Andaman and Nicobar Islands, except for ten islands mentioned below, shall be managed as per the Integrated Island Management Plans (IIMPs).

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ii. Due to their large geographical area, the following islands shall be managed under the Island Coastal Regulation Zone (ICRZ):

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a) Baratang Island

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b) Middle Andaman Island

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c) Havelock Island

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d) Neil Island

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e) Car Nicobar Island

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f) Long Island

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g) North Andaman Island

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h) Little Andaman Island

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i) South Andaman Island

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j) Great Nicobar Island

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Reference has also been made to the Island Coastal Regulation Zone Notification (S.O. 1242 (E) dated 08.03.2019), which has superseded the Island Protection Zone Notification 2011 and 2019 and has declared the coastal stretches of eight larger oceanic islands of South Andaman, Middle Andaman, North Andaman, Baratang, Little Andaman, Great Nicobar, Havelock, and Car Nicobar and the water area up to territorial limits as the Island Coastal Regulation Zone.

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Along with this affidavit, order No.343 dated 19.12.2012 issued by the Andaman and Nicobar Administration, Department of Environment & Forests, Port Blair, has been filed showing the constitution of District Level Committees to assist the Andaman & Nicobar Coastal Zone Management Authority in the enforcement and monitoring of the provisions of the CRZ/IPZ Notification, 2011. Further, a letter dated 23.01.2025 issued by the Department of Environment & Forests from the office of the Additional Principal Chief Conservator of Forests/Member Secretary, Andaman & Nicobar Coastal Zone Management Authority, has been filed (page no.383 of the paper book) bringing on record a Draft Notification issued by the Central Government under the Environment (Protection) Act, 1986, constituting the Andaman and Nicobar Coastal Zone Management Authority (page no.384 of the paper book) providing that the authority shall regulate all developmental activities in the Coastal Regulation Zone.

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In view of the Report submitted by the Joint Committee and the recommendations made therein, as well as the Current Status

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Report on the recommendations made by the Joint Committee, which have been extracted hereinabove, we are of the view that environmental violations made in the complaint of the Applicant have not been substantiated at all. However, we dispose of this Original Application with a direction to the Respondent No.4, Andaman & Nicobar Islands Administration, to ensure that the recommendations made by the Joint Committee are complied with in letter and spirit and due monitoring is carried out from time to time.

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I.As. if any, stand disposed of.

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There shall be no order as to costs.

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B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM

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July 10, 2025, Original Application No.71/2023/EZ (Earlier O.A. No.357/2023/EZ) MN

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P S Saboo v. Union Territory of Andaman and Nicobar Islands

Case brief

What is this about?

What did the court decide?

P S Saboo v. Union Territory of Andaman and Nicobar Islands

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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