PROTECTION OF ENVIRONMENT AND PUBLIC SERVICE COMMITTEE THROUGH ITS CHAIRMAN VS UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

(Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE (By Video Conferencing)
ORIGINAL APPLICATION NO.58 OF 2018 (WZ)
Protection of Environment and Public Service Committee, Through its Chairman Mr. Bhagwanbhai B. Solanki, Village Lodhava, Taluka Sitrapada, District Gir Somnath - 362275 …..Applicant Versus
1. Union of India, Through its Secretary, Ministry of Environment, Forests and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, Delhi 2. State of Gujarat, Through its Chief Secterary, Gandhinagar – 382020, Gujarat, India
3. Gujarat State Environment Impact Assessment Authority, Through its Member Secretary, Paryavaran Bhawan, 10A, Gandhinagar – 362 010
4. Gujarat Pollution Control Board, Through its Chairman, Paryavaran Bhawan, 10A, Gandhinagar – 362 010
5. District Collector, Gir Somnath, District Collector’s Office, Veraval, District Gir Somnath
6. District Collector, Junagadh, District Collector’s Office, Jilla Seva Sadan, Opp. Shashikunj, Junagadh
7. Industries and Mines Department, Gujarat, Through the Commissioner of Geology and Mining, Block 1st, 7th Floor, Udyog Bhavan, Sector – 11, Gandhinagar
8. Indian Bureau of Mines, Through its Regional Controller of Mines, ―C‖ Wing, 4th Floor, Block No.2, Karmayogi Bhavan, Sector 10A, Gandhinagar, Gujarat
9. M/s Gopalsinh Himatsinh Chauhan, Village Ghusiya, Taluka Talala, District Gir Somnath Postal Address : At Radhanagar Society, Block No.2, Girnar Darvaja, Junagadh
10.M/s Vajesinh Dansinh Mori Limestone Mines Village Jasadhar, Taluka Talala, District Gir Somnath Postal Address : c/o Meramanbhai Kisanbhai Pampaniya, At Ajotha, Taluka Veraval, District Gir Somnath
11.M/s R.J. Trivedi & Co.
Village Umba, Taluka Veraval, District Gir Somnath Postal Address : C/o Satishbhai R. Trivedi, Sherbaug, NH8D, At Gadu, Taluka Maliya, District Junagadh
12.M/s Aher Bhagvan Bhimasinh, Village Ajotha, Taluka Veraval, District Gir Somnath Postal Address : C/o Noormohmed Kalubhai Patani, At Samir Mineral Trading Co., Bhalka Road, Veraval, District Gir Somnath
13. M/s Somnath Hydrated Lime and Chemical/Cement Industries Pvt. Ltd., Near Village Kherali, Taluka Veraval, District Gir Somnath Postal Address : C/o Sitaram Transport, Trikon Baug, At Una, Taluka Una, District Gir Somnath
14.M/s Noormohmed Kalubhai Patni Limestone Mine, Village Kherali, Taluka Veraval, District Gir Somnath Postal Address : C/o Noormohmedkalubhai Patani, At Samir Mineral Trading Co., Bhalka Road, Veraval, District Gir Somnath
15.M/s Vikram Chemicals Co.Limestone Mine, Village Damasa, Taluka Una, District Gir Somnath Postal Address : C/o Meramanbhai Kisanbhai Panpaniya, At Ajotha, Taluka Veraval, District Gir Somnath
16.M/s Dhirajlal Panchabhai Vachani, Village Undari, Taluka Gir Gadhada, District Gir Somnath Postal Address : C/o Naranbhai J. Ladani At Matruchhaya 69, Gayatri Society, Nr. Rafaleshvar Temple, At Una, Taluka Una, District Gir Somnath
17.M/s Somnath Hydrated Lime and Chemical/Cement Industries Pvt.Ltd., Near Village Zadaka, Taluka Maliya, District Junagadh Postal Address : C/o Danabhai Devsibhai At Ajotha, Taluka Veraval, District Gir Somnath
18.M/s Dinesh Kumar & Co. Limestone Mine, Village Khorasa, Taluka Maliya, District Junagadh Postal Address : Khorasa, Taluka Maliya, District Junagadh
19.M/s Rajsi Rana Jotava Limestone Mine, Village Khorasa, Taluka Maliya, District Junagadh, Postal Address : Supasi, Taluka Veraval, District Gir Somnath
20.M/s GHCL Ltd. Limestone Mine, Village Gorakhamdhi, Taluka Sutrapada, District Gir Somnath Postal Address : M/s GHCL Ltd. at post Sutrapada, Taluka Sutrapada, District Gir Somnath
21. M/s GHCL Ltd. Limestone Mine, Village Kodidra, Taluka Veraval, District Gir Somnath Postal Address : M/s GHCL Ltd. at post Sutrapada, Taluka Sutrapada, District Gir Somnath
22.M/s S.J. Trivedi Limestone Mine, Village Dari, Taluka Veraval, District Gir Somnath Postal Address : 8, Ravi Complex, Near Woodlad Hotel, Junagadh Road, Veraval District Gir Somnath .…Respondent(s)
CORAM:HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER Applicant : Mr. Nitin Lonkar, Advocate Respondents : Mr. Maulik Nanavati, Advocate for R-2 to R-7 Mr. Anand Verma, Advocate for R-9, R-10, R-11, R-15 and R-22 Mr. R.K. Mansuri, Advocate for R-12 and R-14 Mr. Sarim Naved, Advocate for R-13 Mr. N.H. Kinkhabwala, Advocate for R-16 Mr. Imroz Alam, Advocate for R-18 Mr. Sanjay Upadhyay, Advocate for R-17 to R-21 ======================================================================
Reserved on : 30.09.2022 Pronounced on : 14.11.2022 ====== ===== ====== ===== ====== ===== ====== ===== ====== ====================

Advocates:
For the Petitioner: SREEJA CHAKRABORTY
For the Respondent:

JUDGMENT

1. This Application is moved under Section 14 of the National Green Tribunal Act, 2010, raising question related to environment arising out of illegal and unauthorized mining of limestone on large scale in districts Gir- Somnath and Junagadh in the State of Gujarat without any prior Environmental Clearance by respondent Nos.9 to 22 in gross violation of the Environment Impact Assessment (EIA) Notification, 2006, notified under the provisions of Environment (Protection) Act, 1986, praying that a direction be issued to respondent Nos.9 to 22 not to undertake mining of limestone without obtaining prior Environmental Clearance. It is prayed that respondent No.7 i.e. the Industries and Mines Department, Gujarat and respondent Nos.9 to 22 be directed to disclose the source of limestone for which royalty has been deposited by respondent Nos.9 to 22 with further prayer that exemplary environmental compensation be imposed on respondent Nos.9 to 22 as well as cost also be imposed upon respondent No.2 - State of Gujarat and respondent No.4/Gujarat Pollution Control Board for not taking action against the defaulting parties.

2. The facts of this case, in brief, are as follows:-

The applicant is a Society, which has filed this application through its Chairman namely Mr. Bhagwanbhai B. Solanki, stating that he gathered information under the Right to Information Act from Geology and Mining Department (under the Industries and Mines Department) and came to know that the following mining companies, details of which have been given in tabular form, have indulged in illegal mining-

Sr. No.	Name of Mining Company (Respondent No.)	Location of Lease	Area of Lease	Details of extraction of minerals
1.	M/s Gopalsinh Himatsinh Chauhan (Respdt. No.9)	Village Ghusiya, Taluka Talala, District Gir Somnath– 362150 Gujarat	2 Ha	As per lease award dated 19.02.1998, this respondent has extracted total 256918.556 tons of limestone upto year 2015-16
2.	M/s Vajesinh Dansinh Mori Limestone Mine (Respdt. No.10)	Village Jasadhar, Taluka Talala, District Gir Somnath	2 Ha	As per lease award dated 07.10.2002, this respondent has extracted total 110857.735 tons of limestone till the year 2017- 18
3.	M/s R.J. Trivedi & Co. (Respdt.No.11)	Village Umba, Taluka Veraval, District Gir Somnath- 362265 Gujarat	7.69 Ha	As per lease award dated 18.05.1974, this respondent has extracted total 245996.138 tons of limestone till the year 2017- 18
4.	M/s Aher Bhagvan Bhimasinh (Respdt. No.12)	Village Ajotha, Taluka Veraval, District Gir Somnath	--	As per lease award dated 03.09.1975, this respondent has extracted total 171 tons of limestone till the year 2005- 18.
5.	M/s Somnath Hydrated Lime and Chemical/Cement Industries Pvt.Ltd.(Respdt.No.13)	Near village Kherali, Taluka Veraval, District Gir Somnath	15.1352 Ha	This respondent has extracted total 894696.99 tons of limestone during the period 1985- 2014

Sr. No.	Name of Mining Company (Respondent No.)	Location of Lease	Area of Lease	Details of extraction of minerals
6.	M/s Noormohmed Kalubhai Patani Limestone Mine (Respdt.No.14)	Village Kherali, Taluka Veraval, District Gir Somnath	4.2593 Ha	As per lease award dated 02.07.1984, this respondent has extracted total 43765 tons of limestone till the year 2017- 18
7.	M/s Vikram Chemicals Co.Limestone Mine (Respdt.No.15)	Village Damasa, Taluka Una, District Gir Somnath	2 Ha	As per lease award dated 06.07.2000, this respondent has extracted total 166650.635 tons of limestone during the period 2000- 2018
8.	M/s Dhirajlal Vachabhai Vachani (Respdt.No.16)	Village Undari, Taluka Gir Gadhada, District Gir Somnath	4 Ha	This respondent has extracted total 558474.89 tons of limestone during the period 2011- 2018
9.	M/s Somn

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