ORDER

1. The issue of illegal and excessive mining by the stone crusher, having blasting carried out day and night with the use of dynamites, stone crushing and mining within the prohibited zone of inhabitation and within 20 meters away from the government school, 10 meters away from an ancient temple, 20 meters away from the house of residents and 5 meters from the road adjoining three nearby villages has been raised by the applicant against the non-applicant no. 6-M/s Jhulelal Stone Crusher in the Village-Rasuliya Pathar, District-Bhopal.

2. The matter was taken up on 02.12.2020 and this Tribunal directed the representative of Mining Department, Bhopal and Member Secretary of State Pollution Control Board to submit a factual and action taken report. The Members of the Committee visited the spot, made an inspection and submitted a report as per the available data / record, which is as follows :-

1. During the inspection, the geographical location in terms of latitude and longitude of places are measured using mobile based GPS application. The measured latitude and longitude are marked on the Google map.

2. Team visited petitioner’s location Shri Bhadrakali Shaktidham Mahashaktipeeth Village – Rasuliya Patthar, District – Bhopal premises and the same is marked in the google map.

3. The lease boundary of M/s Shailendra Shrivastava boulder mine and M/s Dilip Kumar Preetmani stone quarry is just adjacent to the premises of Shri Bhadrakali Shaktidham Mahashaktipeeth. The mandir, school and settlement are located approx 10 meters to approx 30 meters from lease boundary.

4. One stone crusher of M/s Dilip Kumar Preetmani stone crusher (M/s Jhulelal Stone Crusher) is installed around 350 meters away from Shri Bhadrakali Shaktidham Mahashaktipeeth Village – Rasuliya Pathar, Tehsil –Huzur, District –Bhopal.

5. As per the record of Mining Department, there are two mines of stone quarry attached to M/s Dilip Kumar Preetmani (M/s Jhulelal Stone Crusher). The geographical locations of the two mines are marked on the Google map.

6. The stone quarry mines M/s Shailendra Shrivastava boulder mine, M/s Dilip Kumar Preetmani and M/s Chandra Preetmani are located adjacent to each other. The geographical locations are marked on the goolge map.

7. As per the locations marked on Google map, the lease boundary of M/s Shailendra Shrivastava boulder mine and M/s Dilip Kumar Preetmani is located approx 10 meter from Shri Bhadrakali Shaktidham Mahashaktipeeth and M/s Chandra Preetmani stone mine is approx. 220 meter away from the Shri Bhadrakali Shaktidham Mahashaktipeeth.

8. During inspection, M/s Jhulelal Stone Crusher (M/s Dilip Kumar Preetmani) stone crusher was not found in operation. Small quantity of crushed stone was observed in the premises.

9. At the time of inspection, M/s Shailendra Shrivastava boulder mine and M/s Dilip Kumar Preetmani stone quarry was not operational and no broken stone was observed in the mine bed. The M/s Chandra Preetmani stone mine was operational at the time of inspection and one poclain machine was observed excavating stone from the mine.

10. As per office record, M/s Shailendra Shrivastava boulder mine of 2.50 hact, M/s Dilip Kumar Preetmani stone quarry of 2.52 hact and M/s Chandra Preetmani stone mine of 1.0 hact having valid mining leases and validity is up to 20/06/2021, 26/12/2023 and 07/02/2028 respectively. These mines have obtained consent from MPPCB and the validity is up to20/06/2021, 01/06/2023 and 24/04/2024 respectively.

11. As per the observation recorded at the time of inspection, a small quantity of broken stones are observed in the mine bed of M/s Chandra Preetmani stone mine and being collected by using poclain machine.

12. In light of above point’s during inspection excessive blasting & mining like condition not observed in the mines.

13. District Collector Office (Mining Section), Bhopal has issued notices to M/s Dilip Kumar Preetmani and M/s Chandra Preetmani vide letter dated 08/12/2020 and 10/12/2020 to follo