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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B. Suresh Kumar, J.
State of Kerala – Petitioner
Versus
Central Pollution Control Board – Respondent
W.P.(C) Nos.16397 of 2020
Decided On : 21-12-2020
National Green Tribunal Act, 2010 -Section 14, Section 15;;The Water (Prevention and Control of Pollution) Act, 1974 ;;The Air (Prevention and Control of Pollution) Act, 1981- The National Green Tribunal (Practices and Procedures) Rules, 2011 - The Kerala Minor Mineral Concession Rules - Rule 10(f) and Rule 40(i) NGT must be presumed to have the power to initiate proceedings suo motu as well, or otherwise, the victims of pollution and environmental damage, having regard to the peculiar social fabric of our country, may not have access to justice.
Statement of facts:
The basic challenge in this batch of Writ Petitions is against an order of the National Green Tribunal (NGT), in terms of which minimum distance criteria from residential buildings and other human inhabited sites have been fixed for permitting stone quarrying by the Central and State Pollution Control Boards functioning under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
Finding of the court:
The present distance criterion of 50 meters from residential buildings and other human inhabited sites for permitting stone quarrying involving blasting is not adequate to prevent, control and abate the pollution arising from stone quarrying activity. Restoring status quo as on the date of the impugned order as regards the distance criterion from residential buildings and other human inhabited sites for permitting stone quarrying pending disposal of the matter by NGT would amount to infraction of the fundamental rights of the citizens of this State under Article 21 of the Constitution
Result: Writ Petitions are allowed in part
JUDGMENT :
The basic challenge in this batch of Writ Petitions is against an order of the National Green Tribunal (NGT), in terms of which minimum distance criteria from residential buildings and other human inhabited sites have been fixed for permitting stone quarrying by the Central and State Pollution Control Boards functioning under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
2. The issues arising for consideration in these matters being common, they are disposed of by this common judgment. The parties and Exhibits are referred to in this judgment, unless otherwise mentioned, as they appear in W.P.(C) No.16367 of 2020.
3. On 13.02.2019, respondents 3 to 115 preferred Ext.P6 representation to the Prime Minister of India with a copy to the Chairperson of the NGT complaining inter alia about the permissions and licenses granted for conducting stone quarrying at a place called Konnakkalkadavu in Palakkad District in the State, mainly on the ground that the proposed stone quarrying would affect the flora and fauna in the area adversely. The copy of Ext.P6 representation received by the Chairperson of the NGT has been treated by the Principal Bench of the NGT as an application, and Ext.P7 order was passed on the same on 06.05.2019, directing the State Pollution Control Board (SPCB) and the District Magistrate, Palakkad to look into the matter and take appropriate action and furnish an action taken report in the matter within two months. Pursuant to Ext.P7 order, the SPCB has submitted a report before the NGT on 10.07.2019 stating, among others, that environmental clearance has already been granted for the quarry referred to in the representation and since the quarry is located beyond 50 metres from residential houses and public roads, there is no impediment in operating the quarry. After considering the said report, and placing reliance on the decisions of the Apex Court in M.C.Mehta v. Union of India & Ors., (1996) 8 SCC 462) and Mohd. Haroon Ansari v. District Collector, Rangareddy District, A.P., (2004) 1 SCC 491), the NGT passed Ext.P8 order on 09.10.2019, holding that stone quarries would cause air and noise pollution even beyond 50 metres, and consequently directed the SPCB to revisit the existing criteria based on an appropriate study. Pursuant to Ext.P8 order, the SPCB had deliberations with the various stakeholders and arrived at the conclusion that the existing distance criterion can be maintained, provided the quarry operators comply with certain conditions. A report to that effect was accordingly filed by the SPCB. Ext.P9 is the report filed by the SPCB in this regard. The conditions to be fulfilled for maintaining the distance criterion at 50 metres, as found by the SPCB, and as disclosed by them in Ext.P9 report are the following:
2. Department of Mining & Geology has to be strengthened with the induction of Mining Engineer having 10 years of field experience,
3. Quarrying permit for one year or lesser period shall not be issued; instead, it shall be given for a longer period of time,
4. Proper mine plan having proposal for mine closure shall be submitted with lease,
5. Quarrying shall be carried out in the presence of a Mine Manager, certified by Directorate General of Mines Safety,
6. Wet drilling method shall be promoted,
7. Owner should submit copy of the lease to Directorate General of Mines Safety,
8. For Dust control, Water sprinkling shall be done for blasting, breaking and transportation operations,
9. Maximum 2 kg explosive/ hole shall be allowed only with DGMS written permission,
10. Shock tube detonation system alone should be followed in the quarries,
11. Stemming with wet material and water cartridge should be used in quarries with limited distance from sensitive locations,
12. Ergonomically designed Pneumatic drills machines with dust collector attachment only to be use
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