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2024 Supreme(Online)(NGT) 3867

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
HON’BLE MR. SHEO KUMAR SINGH, J, HON’BLE DR. A SENTHIL VEL, ACJ
Kishore Anand Shrivastava – Appellant
Versus
State of Madhya Pradesh – Respondent
Original Application No.146/2024(CZ)



Advocates:
For the Appellants/Petitioners: Mr. Naveen Ahuja, Adv.
For the Respondents: Mr. Yadvendra Yadav, Adv., Mr. Prashant M. Harne, Adv., Ms. Parul Bhadoria, Adv., Mr. Atul Kumar Jain, Adv.

Compliance with environmental regulations in mining operations is critical for public safety and ecological balance, necessitating stringent enforcement measures.

Headnote:(A) Environmental (Protection) Act, 1986; Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; and M.P. Minor Minerals Rules, 1996 - Illegal mining - Allegations regarding violation in mining activities, exceeding production limits, and environmental degradation raised against various respondents - A joint committee report substantiated that several flouting activities and non-compliance with environmental norms were found - However, certain respondents were found compliant with mining regulations and conditions. (Paras 1-7)

(B) Legal Principles - The principle governing mining operations mandates adherence to environmental regulations, obtaining necessary permits, and ensuring compliance with safety standards to protect public health and the environment. (Paras 4-6)

Facts of the case:
The application was concerning illegal mining occurring in Tehsil Lakhnadon, with specific allegations against several respondents for exceeding mining limits, damaging agricultural lands, and violating environmental norms. A committee investigation was ordered to address the claims. (Paras 1-3)

Findings of Court:
While some respondents were penalized for exceeding limits, others were compliant. The Tribunal directed the enforcement of environmental regulations and further action against non-compliant respondents. (Paras 4-6)

Issues: The primary issues included allegations of illegal mining, environmental damages, and compliance with mining regulations raised by the complainant against the respondents. (Paras 2-3)

Ratio Decidendi: The court underscored the necessity of adherence to mining regulations and environmental protection laws in mining operations, confirming measures for enforcement and compliance are to be upheld. (Paras 6-7)

Result: Original Application No. 146/2024 stands disposed of.

Table of Content
1. allegations of illegal mining and environmental damages. (Para 1 , 2)
2. findings from the committee inspection and compliance status. (Para 3 , 4)
3. recommendations for compliance and penalties imposed. (Para 5 , 6)
4. conclusion and disposal of the application. (Para 7)

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: -

S.No. Specific issues raised in Factual Observations the petition
Respondent No. 7 & 8 (Shri Deepak Kumar Jain)
1.That, a stone crusher unit in the name of M/S Jain Stone Crusher is situated at Khasra No. 295 Village-Kasai, Tehsil-Lakhnadon, District- Seoni, Madhya Pradesh wasIn the petition, M/s Jain Stone Crusher and Shri Deepak Kumar Jain are specifically listed as Respondents No. 7 and 8, respectively. It is necessary to

granted consent to operate stone crusher unit for excavating “stone Gitti” and M/S Dipak Kumar Jain Bolder Mines was granted consent to operate for “Mining of Bolder”, under various conditions and to comply with various guidelines and laws framed from time to time by statutory bodies and Hon’ble courts and tribunals. Shockingly, the conditions were flouted by the project proponents and illegal excavation of minerals and uncontrollable blasting was carried out by the respondents resulting in danger to the lives

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