Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 4392

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
NEWS ITEM TITLED RANCHI KE CHUTTUPAL GHATI MEIN MIT RAHA PAHADO KA ASTITVA JAHAN 150 FEET UNCHE PAHADO THE WAHA AB HAI GAHRE GADDHE APPEARING IN PRABHAT KHABAR DATED 23 04 2024 – Appellant
Versus
JHARKHAND POLLUTION CONTROL BOARD – Respondent
Original Application No.139/2024/EZ|O.A. No.618/2024/PB

Advocates:
For the Applicant(s): Suo Motu
For the Respondent(s): Mr. Dev Aryan, Mr. Sourav Haldar, Mr. Rajib Ray, Ms. Aishwarya Rajyashree

Tribunal upheld Joint Committee findings of regulated stone mining/crushing with monsoon-halted operations, mandating CPCB guideline compliance including enclosures, sprinklers, wind walls; State PCB to enforce with compensation for violations.

Headnote:(A) Environment (Protection) Act, 1986 - Stone crushing units and mining - Regulatory compliance - Units within mining lease areas covered under EIA Notification 2006 Schedule 1(a); units outside require CTE/CTO from State Pollution Control Board under Water and Air Acts 1974/1981 - Crushing without ore upgrading exempt from prior EC but subject to pollution consents - CPCB Guidelines July 2023 classify units by production capacity (Small: up to 25 TPH; Medium: 26-100 TPH; Large: above 100 TPH) mandating dust suppression, enclosures, wind-breaking walls, sprinklers. (Paras 6, 7)

(B) National Green Tribunal - Suo motu jurisdiction - Joint Committee inspection (CPCB, State PCB, District Magistrate) verifies site conditions, compliance status, environmental impacts - Recommendations for pollution control measures, road maintenance, post-monsoon verification enforceable within 6 months; violations attract environmental compensation and remediation. (Paras 4, 8-12)

Facts of the case:
Suo motu application initiated on news report alleging rampant illegal stone mining converting mountains to water-filled pits, forest loss, groundwater depletion, health impacts, revenue evasion, damage to nearby memorial - 17 approved leases (12 operational), 39 registered sellers, but dozens of unpermitted quarries/crushers reported - Committee inspected 4 random stone mines (3 compliant, 1 abandoned) and 10 stone crushers (all with valid CTO); operations halted by monsoon; dense vegetation, agriculture intact; minor local dust/water concerns in summer; no structural damage to memorial.

Findings of Court:
Most inspected units compliant with leases/CTO; non-compliant/expired units closed; area vegetated with ongoing agriculture; no acute violations during monsoon inspection - Recommendations upheld for enhanced controls including covered crushers, sprinklers, enclosed conveyors, wind walls, day-time operations, road wetting, dust utilization, vehicle covers.

Issues: Verification of illegal mining/crushing allegations; compliance with environmental consents/norms; adequacy of pollution controls; impacts on ecology, agriculture, groundwater, local structures.

Ratio Decidendi: Joint Committee report confirms limited violations with most units regulated; Tribunal mandates strict enforcement of CPCB guidelines and Committee recommendations by State PCB, with compensation/remediation for future breaches - No further adjudication required post verification.

Result: Original Application disposed of directing State Pollution Control Board to ensure compliance; violations to trigger environmental compensation and restoration.

Table of Content
1. illegal stone mining destroys environment and community (Para 1 , 2 , 3)
2. ngt constitutes committee for site investigation (Para 4 , 5)
3. stone crushers require pollution consents, not eia (Para 6 , 7)
4. joint inspection finds compliant operations during monsoon (Para 8 , 9 , 10)
5. committee recommends enhanced pollution controls (Para 11)
6. ngt disposes case enforcing committee recommendations (Para 12 , 13 , 14)

ORDER

1. Original Application No.618/2024/PB was registered Suo Motu by the New Delhi Bench of National Green Tribunal on the basis of News Item titled “रांची के चुटूपालु घाटी म िमट रहा पहाड़ो ं का अ जहाँ 150 फ़ीट ऊँ चे पहाड़ थे, वहां अब है गहरे गे ” appeared in Prabhat Khabar’’ dated 23.04.2024 alleging rampant illegal stone mining in the Chuttupalu Valley in Jharkhand.

2. The news item relates to the disappearing mountains of Chuttupalu Valley in Jharkhand due to rampant illegal stone mining in the area. As per the news item, at one time where there were mountains, now there are deep pits. The news item states that mining leases have been given to some people in the valley, but under their cover, haphazard illegal mining is going on. Where the height of the mountains used to be more than 150 feet, today a deep ditch has formed, which appears to be filled with water. The government is being defrauded of crores of rupees of revenue due to the operation of illegal mines and crushers. The article states that the illegal mining is having adverse effect on the environment and human life. Many acres of land has become barren. The greenery of the forest is disappearing. Mountains are turning into pits. Even the martyrdom site of martyr Tikait Umrao Singh Sheikh Bhikhari situated in Chutupalu valley is now in danger. Due to illegal stone mines and crushers, the water level of the entire area is going down everyday.

3. The news item discloses that 17 mining leases of stone and minor minerals are approved in the entire Ormanjhi area. As per government records, currently 12 of them are legally employed. There are 39 mineral sellers of stones and minor minerals registered in the area. But the truth is that dozens of stone quarries and crushers are running in the Chutupalu valley area alone. It states that explosions are done in mines to break stones. The sound of the explosion shakes the area. The walls of the villagers' houses are cracking. Pieces of stones fall on the roofs of many houses. Common people are suffering in the entire area and their life is affected. There was a time when colorful birds were seen chirping in the mountains and forests. Now they have all disappeared. Nearby several acres of agricultural land has become barren due to the stone particles flying from dozens of crushers. Due to this, the laborers working in the area and the people of the village are suffering from various types of diseases. According to the information, the lease period of most of the stone mines has expired. Many crusher operators do not have requisite permissions, still they are running the crushers.

4. The Tribunal constituted a Committee comprising of the following persons: -

i) Central Pollution Control Board through its Member Secretary;

ii) Jharkhand State Pollution Control Board through its Member Secretary; and

iii) District Magistrate, Ranchi

5. Notices were also issued to the Respondents and thereafter the Original Application was transferred to the Eastern Zone Bench of the National Green Tribunal, Kolkata vide order dated 29.05.2024 and has been re-numbered as Original Application No.139/2024/EZ.

6. The stand of the Ministry of Environment, Forests and Climate Change (MoEF&CC) in its affidavit dated 31.07.2024 is that Stone Crushing Units are mandatorily required to comply with the Environmental Norms stipulated under the Environment Protection Act and Rules 1986, however, the Stone Crushing Units are not covered under the Environment Impact Assessment (EIA) Notification 2006 for grant of prior Environmental Cl

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