ORDER

1. Heard the learned counsels for the parties and perused the record. This application has been moved with the prayer for direction of the closure of the stone crusher unit being operated by respondent no. 6 in village- Dahedi, Tehsil- Kiranpur, District- Balaghat (MP) without following due process of law. The brief facts giving rise of present application are that :-

1) One Shri Dinesh Agrawal, resident of Vijaynagar, Balaghat Road, Gondiya (Maharashtra) – 441601, was granted Prior EC vide letter no. 3577/SEIAA/2020 dated 15.07.2015, who transferred the EC to the present Respondent No. 6, M/s Tirupati Minerals for Stone Quarry (Opencast Manual/Semi Mechanized Method) in area of 3.237 Hectares for production capacity of 28,500 CuM/year at Khasra No. 466/467 at village Dahedi, Teh.- Kirnapur, Distt. Balaghat, on the same terms and conditions and validity period under which the Prior EC was initially granted. The EC of the stone quarry was transferred on dated 28.12.2020.

2) That, the respondent no. 6, M/s Shri Tirupati Minerals is also having a silent partner/ undeclared partner Sanjay Kushwaha, having political links, has encroached upon the forest land (बड़े झाड़ का जंगल ) in Khasra No. 465, admeasuring about 13.2940 Hectares as per revenue records, and the respondent no. 6 is operating crusher plant in the said forest land. This is completely in connivance with respondents, having political influence. Thus the residents of the concerned place are even afraid of making complaints against the respondent no. 6, knowing well that Khasra No. 465 is forest land as per revenue record, where it has been entered as forest land (बड़े झाड़ का जंगल). Apart from the Crusher unit, there is storage of excavated earth, as well as transformer and weighing-bridge (धरम कांटा) installed illegally in the land Khasra No. 465 admeasuring 13.294 Hectares. No action is being taken for such illegal installations of heavy machineries and illegal Crusher.

3) That, the stone crusher is operating illegally, flouting the set norms of MPPCB and rules and guidelines issued by the Board. The respondent unit is operating in Dahedi village Tehsil Kirnapur district Balaghat. The uncontrolled emission of polluted air can clearly be visible at any instant, thereby, the operator are in clear violation without fear of environmental regulations and norms.

2. And grievance of the applicant is that the establishment and operation of illegal Stone Crusher Unit in the Forest Land from 28.12.2020, when the EC was granted in favour of respondent no. 6 by its previous owner Shri Dinesh Agrawal, is illegal, unconstitutional under the mandate of Principles of Directive Policies of the Constitution of India incorporated in Article 48A, against environmental jurisprudence and the order passed by the Apex Court and this Tribunal. The respondent is liable to pay the Environmental Compensation for running the Crushing Unit without valid permission.

3. T he matter was taken by this Tribunal on 26.07.2022 and notices were issued to the respondents for submitting the reply. The Tribunal constituted a committee consisting Collector, Balaghat, M.P., Deputy Conservator of Forest, Balaghat, MP and one representative from Madhya Pradesh Pollution Control Board, with direction to submit the factual and action taken report. In compliance thereof the members of the committee visited the site and submitted the factual and action taken report as follows:-

 ―It is submitted that Shri Dinesh Agrawal was granted prior FC vide letter No. 3577/SEIAA/2020 dated 15/07/2015 later the same was transferred to M/s Tirupati Minerals for the crusher based stone Quarry (Open caste Manual/ Semi Mechanized Mathod) in area of 3,237 Hectares for the production capacity of 28500 Cum/ Year at khasra No. 466 & 467, Village-Dahedi Tehsil-Kirnapur Dist- Balaghat. Based on EC the Board has granted consent to operate (CTO) along with change of name to M/s Tirupati Minerals for stone Quarry. CTO & Copy of EC is enclosed.

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