4. The grievance of the petitioners is that because of the blasting, which is bei
ng carried on in the area of the National Thermal Power Corporation Ltd. (for short Corporatio
n) by opposite party no.3-Soma Enterprises Ltd., there is noise pollution and also because of
such blasting the properties of the villagers are being affected. According to the petitioners
, blasting is being carried on by the opposite party-Corporation in a close proximity to their
village, whereas according to the opposite party-Corporation blasting is being done more than
1.5 to 2.0 k.m. away from the village. Be that as it may, the question to be considered by us
is, whether the controlled blasting for the purpose of excavation and levelling of the area c
an be carried on by the opposite party-Corporation themselves or through any other agency and
in what manner.
5. Although several averments have been made in the writ petition, learned counse
l for the petitioners has limited his prayer to the extent that blasting cannot be carried on
by a person other than a licenced/certified shot firer as required under the provisions of the
Explosives Act, 1884 and Rules of 2008 framed thereunder.
6. From the facts, as borne out from the pleadings of the parties, it is clear th
at on 07.05.2015 the opposite party-Corporation made a request to the Collector & District Mag
istrate, Sundargarh for excavation of hard rock with open/controlled blasting under site for l
evelling and infrastructure works package for Darlipali Super Thermal Power Project. This was
necessitated, as according to the Corporation their plant area is widespread and hard rock is
found at various locations and, thus, the only method for removing such rocks is by way of con
trolled blasting. Such application of the opposite party-Corporation was considered by the Col
lector & District Magistrate, Sundargarh and after obtaining a report from the Head of the Dep
artment of National Institute of Rock Mechanics, Bangalore, permission was granted in the foll
owing terms:
