Mining leases require EC revalidation by SEIAA; violations warrant penalties, compliance with environmental safeguards, and site-specific remediation.

ORDER

1. Issue raised in this application is ill egal mining going on in the area of village Kasai, Tehsil Lakhnadon District Seoni (M.P.) on following grounds :

“The respondent no. 7 and 8 are continuously flouting and violating the settled principle of law by carrying out mining over the area where no such minerals are left available and the excavation of the minerals to its capacity has already been done over the years in the past and under the garb of that mining lease of Khasra no.295 the respondent no.7 and 8 are excavating the minerals from the nearby Khasra’s situated at village Kasai, Tehsil Lakhnadon, District - Seoni, Madhya Pradesh. Secondly, the respondent no.7 to 10 are carrying out illegal mining and boundless crushing activities over the agricultural land bearing Khasra No. 312/2/1/1/1 admeasuring 3.53 hectares and various other Khasra’s wherein 12-15 metres of deep excavation has been done by the respondent no.07 to 10 and have also vanished the entire seasonal drain of the area in question. Moreover, illegal mining activities is being carried out over an area wherein neither the mining lease has been obtained by the respondents, nor the consent to establish and consent to operate has been obtained from the concerned department by the respondent no.7 to 10. The indiscriminate and boundless crushing activities and blasting is going on at such a level that the excavation of minerals is going on beyond the permissible capacity resulting in huge irreparable loss to environment and the ecology of that area.”

2. The matter was taken up by this Tribunal and a committee was constituted with direction to submit the factual and action taken report. In compliance thereof, the members of the committee visited the site and submitted the report which is as follows :-

A. “Site view description: - The Google Earth photograph shows the locations of the mining lease areas and stone crushing units. It is clear from the image that the residential area is situated more than 500 meters away from the boundaries of the mines and stone-crushing units. Village Kasai is situated more than 1000 meters away from mines and stone crushers. NH 44 is situated more than 150 meters from the boundary of mines and stone crushers. Additionally, there are no eco-sensitive areas near the mines or stone crusher units. Thus, the distance shown in the Google Earth photograph complies with the Siting criteria set by the Central Pollution Control Board (CPCB). Furthermore, it is submitted that both the stone crushers are located within the respective Mining Lease Areas.

B. Specific issues raised in the petition and factual observation: - Specific issues raised in the petition and factual observations recorded during the inspection are tabulated below: -

C. Status of Compliance of Environmental Conditions: - The status of compliance of various environmental conditions as observed during site inspection dated 16.08.2024 and 13.09.2024 is as follows: -

1. Respondent No. 07 & 08 (M/S Jain Stone Crusher and M/S Deepak Kumar Jain Bolder Mine located at Khasra No. 295): - Following are the compliances made by respondent no. 7 & 8 i.e. Shri Deepak Kumar Jain: -

i. The stone crusher is located approximately 150 meters away from the boundary of National Highway No. 44, with no residential areas within the 500-meter radius.

ii. The Project Proponent (PP) has constructed an approach road using murrum for vehicle movement.

iii. The stone crusher is situated approximately 15 feet below the ground level, and this unique topography serves as a natural barrier.

iv. PP has covered all the conveyor belts as well as screens using GI sheets.

v. PP has carried out plantation on the periphery o