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2003(8) Supreme 685
SUPREME COURT OF INDIA
(From Andhra Pradesh High Court)
S. Rajendra Babu & G.P. Mathur, JJ.
Mohammed Haroon Ansari & Anr. -Appellants
versus
The District Collector, Ranga Reddy District, A.P. -Respondents
Civil Appeal Nos. 1907-1908 of 2000
With
Civil Appeal Nos. 1909-1910/2000, 1911-1912/2000 and 1913-1914/2000
Decided on 12-12-2003
Counsel for the Parties :
For the Appearing Parties : K.N. Rawal, Solicitor General, (A.C.), R. Mohan, Sr. Advocate, P. Niroop, R. Chandrashekhar Reddy, Pavan Kumar, Hari Shankar K., A.T.M. Sampath, V. Balaji, G. Ramakrishna Prasad, Md. Wasay Khan, K.C. Sudarshan, D. Mahesh Babu, Nikhil Nayyar, Mrs. Urmila Sirur, T.V. Ratnam, K. Subba Rao, Anil Tandale, Guntur Prabhakar, Advocates.
Held : We may, at once, notice that the High Court was persuaded by public interest involved in the matter in initiating proceedings on the basis of a letter sent to it. The anxiety of the High Court was further exhibited by its concern in the matter in constituting an expert committee and although that Expert Committee stated that a distance of 1 km is a safe distance between the site under quarry lease and the residential locality or GLSR, but in order to be safer than what the Expert Committee observed, the High Court increased the distance by another 1 km. Particularly when the assessment made by the Center of Mining Environment, Indian School of Mines, Dhanbad, concluded that there is no impact by the quarry operations carried on by the appellants before us on the GLSR or Osmansagar lake or nearby residential locality, it is unnecessary to impose condition that the distance of 1 km for carrying out the quarry activities should be converted to 2 km. The affidavit of Pollution Control Board indicates that if proper safeguards are adopted as indicated in the said affidavit, it will not cause any air, water or noise pollution, much less dust articles affect the water supply system in GLSR or Osmansagar lake. We, therefore, direct that the order made by the High Court is modified by directing that the distance of 1 km is a safe distance between the site of the quarry leases and the residential localities or GLSR or Osmansagar lake. The guidelines issued by the Andhra Pradesh Pollution Control Board specified 1 km to be safe distance between crusher and human habitation from 17.01.1997. Prior to that it was only 500 meters away from national Highway and 100 meters away from the State Highway, Major District roads and other roads. That is why this Court granted an interim order earlier and directed that no mining and stone crushing operations shall be carried on within a distance of 1 km from lake or reservoir and 500 meters from human habitations. This order will hold good in respect of all such mining leases which have been granted prior to 17.12.1996. It is not necessary to advert to any other details or arguments raised in the petitions filed before the High Court or in appeals before this Court. Suffice it to observe that the impugned order of the High Court shall stand modified only to the extent indicated by us and all other terms set out by the High Court in regard to the safeguards to be adopted in maintenance of environment shall remain intact. Further, it is certainly necessary that the appellants before carrying on any of the mining and stone crushing activities obtain necessary clearance from the Pollution Control Board and must comply by such conditions as may be imposed by the Pollution Control Board. It is open to the Pollution Control Board to take such action as may be necessary to enforce the conditions imposed by them under the relevant statutes. (Para 8)
JUDGMENT
Rajendra Babu, J.-On the basis of a letter sent to the Chief Justice of the High Court of Andhra Pradesh, a petition in the nature of public interest litigation was entertained to direct the respondents to take action against the illegal blasting and crushing of granite for concrete metal in the areas of the Goldodi, Nanakramguda, hills of Khanapur and Kokapet in Rangareddy District as a result of which a lot of fine granite silica dust is entering into the atmosphere which causes a disease called Silicosis to the residents nearby. Two writ petitions were filed by the appellants in Civil Appeal Nos. 1907-1908/2000 calling for records or proceedings before the Assistant Director of Mines and Geology, Hyderabad in respect of grant of lease over an extent of 5 acres in survey No. 239 of Kokapet village, Rangareddy District, for quashing the same and for granting appropriate consequential reliefs. Similarly, certain other persons also filed writ petitions challenging the action of the Government in stopping the mining operations in different areas of Kokapet village.
2. The High Court called for a report from the Assistant Director of Mines and Geology. The said Report revealed that there are four quarry leases and three stone crushers in Kokapet village, Rajendranagar Mandal; that the quarries and crushers are at a distance of 2 kms to the South of Kokapet village and 20 kms from Hyderabad; that the ground level water reservoir of Hyderabad Metropolitan Water Works and Sewerage Board is located at a distance of 1 km from the stone quarry, which supplies water to the city of Hyderabad; that the Osmansagar lake is also located at about 3 kms South West of these quarries and crushers. After receipt of the Report of the Assistant Director of Mines and Geology, the High Court impleaded 17 stone industries and also directed issue of notice to the Government of Andhra Pradesh to appoint a Committee of Experts to examine whether quarrying, crushing and blasting activities close to Osmansagar lake and the ground level water reservoir of Hyderabad Metropolitan Water Works and Sewerage Board are endangered by such operations and submit a report of the said Committee to the High Court.
3. A Committee, consisting of Shri T. Chattarjee, Member Secretary, A.P. Pollution Control Board, Shri K.P. Chandrasekhar Rao, Director (Technical), Hyderabad Metropolitan Water Works and Sewerage Board, Shri K.V. Rao, Shri T.V. Chowdary, Director of Mines and Geology, Hyderabad and Shri P. Babu Rao, Director, Ground Water Department, submitted its report on 4.8.1997. Conclusions and recommendations of the Committee are as under:--
"(1) As a result of blasting in the quarries, within a radius of 1 k.m. the shock waves which are generated, pass through the joints especially the horizontal joints and create vibrations in the nearby areas. The reservoir which is close by is also within the range of its impact. Higher than present intensities of blasting will definitely cause damage to the reservoir structure. Thus, blasting and quarrying within a range of 1 k.m., already prohibited, must not be permitted.
(2) To prevent unauthorised quarrying, it is suggested that the approach road must be closed after the gateway of the GLSR and all activities of unauthorised quarrying must be stopped forthwith. Security staff can be contracted for the purpose by the GLSR authorities.
(3) The authorised quarry and crusher company, will lose approach and can be permitted to build another approach to their facilities from the Eastern side.
(4) The quarries on the northern flanks of the hill range at a distance of 1 km from the reservoir will not have any impact on the reservoir as the joint patterns/systems in the areas. The GLSR is on one side of the dispersion point, the authorised quarries are on the other side of it. However, as a precautionary measure, the intensity of blasting must be kept at the minimum by fixing the limit of number holes, depth of hole and
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