Quarry permit without EC illegal if in ESZ; no violation if outside and no extraction started; direct consideration for clearance.

JUDGMENT

PRESENT:

HON’BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)

HON’BLE Dr. ARUN KUMAR VERMA (EXPERT MEMBER)

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Reserved On:- February 08^th, 2024 Pronounce On:- March 04th, 2024

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1. Whether the Judgment is allowed to be published on the net? Yes

2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes

The Applicant in the present Original Application is, inter alia, seeking the following reliefs:-

a) Hold and declare the grant of quarry permit dated 26.12.2022 in eco-sensitive zone of Kuldhia Wildlife Sanctuary without grant of Environmental Clearance as illegal.

b) The Hon’ble Tribunal may pass any other order deems fit in the interest of justice.

2. The allegation of the Applicant in the present Original Application is that the Tahasildar, Nilgiri, has issued permit to Mirigini Stone Quarry which is situate within one kilometer radius of the Kuldhia Wildlife Sanctuary. It is also alleged that the proposed Stone Quarry at Mirigini Khandia Hudi is a mono-block and blasting, at any point of the hill will have impact on the adjoining sanctuary and human habitation. It is stated that Anganwadi, Primary School, Health and Wellness Centre, Community Centre and many houses under the Prime Minister Awas Yojana (‘PMAY’ for short) have been constructed in the close vicinity of the proposed quarry and blasting activities will have serious impact on the habitations and structures.

3. It is also alleged that the quarry activity will deplete the ground water level in the adjoining area leading to water scarcity. It is stated that the local villagers have filed their objection before the local authorities on 12.04.2023 but nothing has happened till date.

4. It is stated that the Mirigini Stone Quarry is located in Mirigini village of Nilagiri Tahasil, District – Balasore. The extent of the mining area is 2.549 ha. and depicted as Toposheet No. F45015. It is stated that there are two Stone Quarries, namely, Mirigini Stone Quarry – 1 and Quarry – 2 in Nilgiri Tahasil.

5. It is stated that the Divisional Forest Officer, Balasore, vide his letter dated 10.06.2022 has stated that the Plot No.572, Khata No.453 is recorded as DLC Forest and Notified Village Forest under Section 30 of the Odisha Forest Act, 1972.

6. It is also stated that permit has been granted by the Tahasildar, Nilgiri in favour of the Respondent No.9, Subarnarekha Port Private Ltd., on 26.12.2022 for extraction of 21252 cubic meters stone from Quarry No.1 for a period of one year.

7. It is also stated that there is no approach road to the Quarry in question and the government has allotted homestead land to scheduled tribe community members in the said areas which will be severely affected considering the close proximity of the proposed Quarry.

8. It is also stated that the Tenda Reserve Forest is situate within one kilometer of the proposed stone quarry and the Kuldhia Wildlife Sanctuary is also located within one-kilometer radius of the proposed Quarry which is on the elephant path.

9. Reference has also been made to Ministry of Environment, Forests and Climate Change (MoEF&CC) Office Memorandum dated 08.08.2019 wherein it is stated that proposal involving developmental activity/project located within the Eco-Sensitive Zone (‘ESZ’ for short) requires prior approval of the National Board for Wildlife and for proposal involving development activity/project located outside the stipulated boundary limit of notified ESZ