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2017 Supreme(Jhk) 1546
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Aparesh Kumar Singh, B.B. Mangalmurti, JJ.
Pascal Samad and Ors. – Petitioners
Versus
State of Jharkhand through the Secretary, Department of Mines and Ors. – Respondents
W.P. (PIL) No. 6943 of 2016
Decided On : 01-11-2017
For the Petitioner: Sunil Kumar Mahto
For the Respondent: Rahul Saboo
The expiration of a stone lease quarry and the lack of compliance with storage license requirements led to the court's decision to dispose of the petition.
Headnote:
Illegal Stone Mining - Environmental Violations - EIA Notification, 2006 - Jharkhand State Pollution Control Board - Mining Lease - Storage License - Closure of Writ Petition
Fact of the Case:
Petitioners sought closure of illegal stone mining in Tausera Village, alleging environmental violations and illegal mining activities by several respondents. The petitioners approached the court in a Public Interest Litigation due to the adverse impact on the local population.
Finding of the Court:
The court found that the stone lease quarry in the name of respondent no. 9 had expired in February 2017, and there was no existing stone quarry in his name. It also noted that respondent no. 8 had not been granted a storage license due to lack of compliance. As a result, the court concluded that there was no reason to keep the writ petition pending as it had become infructuous, and thus disposed of the petition.
Issues: Illegal stone mining, environmental violations, lease expiration, lack of storage license compliance
Ratio Decidendi: The court's decision was based on the expiration of the stone lease quarry, the lack of compliance with storage license requirements, and the absence of ongoing quarry activities after the lease expiration.
Final Decision: The writ petition seeking closure of illegal stone mining was disposed of as infructuous by the court.
1. Petitioners preferred this petition in Public Interest seeking closure of illegal stone mining in Tausera Village of Domtoli, Kolebira, District-Simdega. Petitioners alleged that three persons, namely, Abhay Kumar Prasad, Amarendra Baraik and Kedarnath Soni are lease holders of stone mines in Mouza Taisera of Kolebira. Abhay Kumar Prasad had been granted lease of stone mine in disregard of EIA Notification, 2006. According to the petitioners, lease was granted in 2007 to respondent no. 9 despite the fact that the actual distance of forest area from mines is just 50 meter and it is 152 meters in Government record as per minutes dated 22nd June, 2016. Respondent no. 8 has been also indulging in hoarding of stones in Plot no. 34, Khata no. 46 of Mouza Takba in Kolebira without any license from Mines department or any environmental/pollution clearance. His application for lease, was rejected by Assistant Mining Officer in 2016 March, but it was carrying on illegal mining of stones in connivance with Government officials and lease holder (respondent no. 9) using heavy drilling machines and blasting with heavy explosives causing nuisance and damages to the school building and houses in the village. Other two persons have no environmental clearance from Pollution Control Board but are also indulging in illegal mining of stone. Though, consent to operate was granted by Pollution Control Board to respondent no. 9 on 19th October, 2016, but he has been carrying on illegal mining since long. Other compliance relating to consent to establish granted earlier on 19th February, 2013 had also not been done.
2. In view of such illegal acts which affect the local population petitioners, who are also residents of Domtoli, P.O. & P.S.- Kolebira, District Simdega have espoused this cause and approached this Court in the instant Public Interest Litigation.
3. Respondent no. 3, Jharkhand State Pollution Control Board has filed affidavit through its Regional Officer. According to their stand, consent to establish was granted to respondent no. 9 at Plot no. 255(P), Khata no. 168 over an area of 2 acres in Mouza-Tausera, P.O. Kolebira, District-Simdega for the first time on 19th February, 2013 with certain terms and conditions (Annexure-P/2). Thereafter, the Regional Officer of the Board granted CTO for the first time on 24th February, 2015 after verifying the conditions laid down in CTE, has been complied with (Annexure-P/3). Permission for further expansion of its existing stone mine for production capacity of 800 TPD of stone boulder was granted after proper verification of compliance of previous CTO on the existing stone mine on 19th October, 2016 (Annexure-P/4). The Board has no information regarding the mining lease granted to Amrendra Baraik and Kedarnath Soni as they have not applied for any CTE/CTO to the Board for any stone mine. They do not have any information about the respondent no. 8 either of any license for hoarding of stone boulders at Plot no. 34, Khata no. 46 of Mouze Takba in Kolebira, Distt.- Simdega. Board has also got no information regarding setting up of any stone crusher in Village-Tausera of Kolebira, District-Simdega.
4. Respondent nos. 1, 2, 4, 5, 6 &7 have also filed affidavit sworn by Assistant Mining Officer, Simdega. As per their stand, stone mines lease in favour of respondent no. 9 on Khata no. 168, Plot no. 255(P), Thana no. 93 Kolebira, District Simdega on an area measuring 2 acres (0.809) hactares, was executed for a period of 10 years with effect from 19th February, 2007. The lease has expired on 18th February, 2017 and respondent no. 9 has handed over the lease area in favour of Government and it is in the process of resettlement. They further stated that mining operation was started after approval of mining plan, consent to operate issued by Pollution Control Board and also the area of lease was less than 5 Hec. Therefore, E. C was granted by DEIAA, Simdega. He has also paid rent and royalty to the Gover
