Quarry EC revoked for excess mining and non-compliance; OA disposed post regulatory action.

ORDER

1. This Original Application has been filed by the four Applicants, who are stated to be the residents of Village-Nihalprasad under Gondia Tahasil of district – Dhenkanal, Odisha, who are aggrieved by the illegal blasting, excess mining and clearing of vegetation by the operation of the Tolarpasi Road Metal Quarry (Black Stone Quarry) of the Lessee Respondent No.13.

2. It is stated that Environmental Clearance was granted to the Tolarpasi Road Metal Quarry (black stone quarry) vide letter dated 18.10.2021 for annual production capacity of 20034 Cum over Plot No.1874, Khata No.467, area 12.25 acres.

3. It is alleged that the Respondent No.13 has no blasting permit for quarrying; the Lessee is quarrying much beyond the approved quantity capacity as laid down in the Environmental Clearance; the Lessee Respondent No.13 is operating the said quarry in violation of Condition No.9.28 of the Environmental Clearance letter dated 18.10.2021. Condition No.9.28 of the Environmental Clearance reads as under:-

“9.28 It shall be mandatory for the project management to submit quarterly compliance reports on the status of implementation of the above stipulated environmental safeguards to the SEIAA, Odisha/SPCB, Odisha/Regional Office of the MoEF&CC, Bhubaneswar, in hard and soft copies on 1^st day of January, April, July, October of each calendar year, failing which EC is liable to be revoked.”

4. The allegation further is that the Lessee is carrying out transportation of nearly 200 trips of stone overloaded vehicles plying on the RD Road which is not capable of handling such heavy load of vehicles. People of 6 panchayats are directly affected; the plying of vehicles on village road is in violation of Environmental Clearance Condition Nos.9.12, 9.13 and 9.14. Condition Nos.9.12, 9.13 and 9.14 of Environmental Clearance read as under:-

“9.12 No transportation of the minerals shall be allowed on any road passing through villages/habitations without prior explicit permission. Transportation of minerals through existing rural roads can be allowed only by the concerned Govt. Department/Gram Panchayat/BDO and only after required strengthening such that carrying capacity of road is increased to handle the mineral carrying truck traffic. The project proponent shall bear the cost towards the widening and strengthening of existing public roads in case the same is proposed to be used for the project. No movement on any road is allowed on existing village road network without appropriately increasing the carrying capacity of such roads. Project proponent shall ensure that the road may not be damaged due to transportation of the mineral and transport of minerals will be as per IRC Guidelines with respect to complying with traffic congestion and traffic density.

“9.13 Vehicles hired for transportation of minor mineral from the site should be in good condition and should have pollution check certificate and should conform to applicable air and noise emission standards and should be operated only during non-peak hours.Speed of vehicle be regulated in no case >30 kms/hr be allowed.

“9.14 the vehicles shall not be overloaded and shall be covered with Tarpaulin. The Tahasildar may collect an appropriate road maintenance levy from the lessee as part of the lease conditions on the basis of quantum of mineral transported, and utilize the proceeds of the levy for proper maintenance of the extraction paths and roads to prevent their degradation on account of plying of mineral carrying trucks.”

5. The allegation further is that the quarry depth should not be more than 6 mtr. b