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1997 Supreme(AP) 1036

Andhra Pradesh High Court
Judges : P.RAMAKRISHNAM RAJU, P.S.MISHRA
A.Citizen - Appellant
Versus
District Collector, R.R.Dist. - Respondent
Decided On : 10-17-97

Headnote:AP Minor Mineral Concession Rules, 1966 - Rules 12(3) - Quarry Lease - Precautions in making blasts - Blasting done after obtaining no objection certificate from District callector, other departments and also under Explosives Act, so it cannot be said that no precautions were taken

P. RAMAKRISHNAM RAJU, J.

( 1 ) A citizen without disclosing his identity sent up a petition dated 27-1-1997 to the Hon ble the Chief Justice of High Court of A. P. slating that some unscrupulous stone crusher owners are plundering the natural resources, more particularly granite wealth, in Tchgal dodi, Nanakramguda, Hills of Khanapur and Kokapct in Ranga Reddy District, that district administration and law implementing authorities are not taking any action, that due to blasting and crushing of stones a fine granite silica dust is entering into ihe atmosphere which causes silicosis disease, that there is great danger for mass rise of respiratory diseases at Jubilee Hills, Mehdipatnam, Toli Chowki areas of City of Hyderabad. Petitioner, therefore requests to ban all the activities of granite crushing in those areas.

( 2 ) THE Registry has registered the petition as Writ Petition No. 7326 of 1997 entertaining the same as Public Interest Litigation after obtaining necessary orders from the Hon ble the Chief Justice on 7-4-1997 as it pertains to environment pollution.

( 3 ) ON 2-5-1997 we have directed notices to respondents and also called for report from the Secretary to Government Mines and Geology Department touching the allegations in the petition. When the matter came up on 25-7-1997 we passed the following order : "heard. On 2-5-1997, the Court directed the Secretary to Government of Andhra Pradesh, Mines and Geology Department to report in respect of the allegations in the petition. The Secretary, it appears, has chosen to keep away and instead entrusted the Assistant Director of Mines and Geology, Hyderabad to do the job. The Assistant Director has submitted his report to the Director of Mines and Geology and the same has been forwarded to the Court. The Secretary, it appears, has not even the ordinary courtesy to acknowledge the directions of the Court and report back even if he thought some officer who has expertise to do the necessary inquiry be entrusted to prepare the report. After perusing the report, we are of the opinion that following stone quarrying and crushing industries be impleaded as party respondents to the proceeding : (1) Kumar Crushers, Nanakramguda village; (2) A. K. Metal Industries, Nanakramguda village; (3) Mohd. Haroon Ansari, Kokapet village; (4) M/s. Saleem Metal Industries, Kokapet village; (5) Al-Heerah Metal Industries, Kokapet village; (6) M/s. Sulfi Metal Industries, Kokapet village; (7) M/s. Modern Stone Crusher, Kokapet village; (8) Kalyan Chakravarthy, Kokapet village; (9) Ganesh Metal Industries, Gowlidoddi Gopanpally village; (10) D. Shankcr, Gowlidoddi, Gopanpally village; (11)M. A. Nayyem, Gowlidoddi, Gopanpally village; (12) Nayeem Metal Industries, Gowlidoddi, Gopanpally village; (13) Srirama Metal Industries, Gowlidoddi, Gopanpally village; (14) K. Anjancyulu, Gowlidoddi, Gopanpally village; (15) K. Chandramouli, Gowlidoddi, Gopanpally village; (16) S. Basheer, Gowlidoddi, Gopanpally village; (17) City Stone Metal Industries, Gowlidoddi, Gopanpally village. It is also stated in the report that some illegal quarrying and crushing is going on in village Khanapur by some local waddars. The quarries and Stone Crusher units in villages Nanakramguda and Kokapet village, the report states are existing only at a distance of one kilometre from the habitation and in Kokapet although the settlement is slightly at a longer distance tlian one kilometre, "the ground level water reservoir of Hyderabad Metropolitan Water Works and Sewerage Board is located at a distance of one kilometre from the stone quarry and Osman Sagar lake is located about 3 Kms. South West of these quarries/ crushers". The Crushing Units in Gowlidoddi, Gopanpally village are located at a distance of 1/2 kilometre of the habitation. Report also says that due to blasting operations, the vibrations/shock waves are being felt by the villagers whenever blasting operations are being carried out. It is not known, the report states,



















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