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2020 Supreme(Online)(KER) 24024
HIGH COURT OF KERALA
P. B. Suresh Kumar, J
ABHIRAJ. S – Appellant
Versus
THE UNION OF INDIA – Respondent
WP(C)/17022/2020
SRI.GEORGE POONTHOTTAM (SR.), SRI.JOBI JOSE KONDODY, SRI.ALEX.M.SCARIA, SRI.M.AJAY, SRI.V.HARISH, SRI.T.NAVEEN SC, GP. KANNAN
The court reinforced the need for adherence to principles of natural justice and appropriate jurisdictional limitations when addressing environmental regulatory matters.
Headnote:
Environmental Law - Quarrying Regulation - Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981 - Sections 14, 15, 2(c), 2(m), 18, 19, 20 - The court analyzed the regulatory framework governing quarrying activities, emphasizing the necessity of stringent distance criteria from inhabited sites to mitigate pollution impacts and uphold public health.
Fact of the Case:
The National Green Tribunal issued orders establishing minimum distance criteria for stone quarrying from residential areas, prompting multiple writ petitions challenging its retrospective applicability and jurisdiction.
Finding of the Court:
The court evaluated whether the NGT's orders adhered to legal principles, determined that the NGT had overstepped its jurisdiction, and found procedural irregularities, particularly the lack of notice to affected parties prior to imposing new regulations.
Issues: The legality of the NGT's retrospective order on quarrying distances and the tribunal's jurisdiction to address the complaints raised in the representation.
Ratio Decidendi: The NGT must comply with natural justice principles and has limits on their authority, especially regarding the retrospective application of regulations; it can treat representations as applications under certain circumstances.
Final Decision: The NGT's order was set aside, and the matter was remitted for fresh consideration with due notice to all affected parties.
J U D G M E N T
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 meters 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 and others, (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 meters, 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 meters, as found by the SPCB, and as disclosed by them in Ext.P9 report are the following:
1. Scientific mining methods shall be carried out in the quarrying area.
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 at
