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2025 Supreme(Online)(NGT) 1122
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Arun Kumar Tyagi, J, Afroz Ahmad, EM
Jacob Thomas – Appellant
Versus
State of Kerala – Respondent
Original Application No. 308/2025
For the Appellant: None
For the Respondents: None
The Tribunal has affirmed its jurisdiction to address environmental grievances, necessitating thorough investigation of alleged illegal quarry operations.
Headnote:(A) National Green Tribunal Act, 2010 - Jurisdiction of Tribunal - The issue raised pertains to the illegal operation of a quarry violating environmental norms as alleged by the applicant, a local farmer. The applicant presents multiple grievances regarding the quarry’s licensing and its impact on the environment. (Paras 2 to 6)
(B) Environmental Concerns - The court notes substantial questions regarding compliance with environmental laws and acknowledges the necessity to investigate the claims made by the applicant regarding the quarry's operations. (Paras 3 to 5)
Facts of the case:
The application details grievances related to illegal quarry operations near the applicant's property, including violations of environmental norms and the potential risks to local ecology and communities. The grievances highlight that the quarry is allegedly functioning without necessary permissions and contrary to environmental standards.
Findings of Court:
The Tribunal finds substantial questions of environmental law are raised, suggesting the formation of a Joint Committee to investigate the claims and the appropriateness of the quarry's operations. Respondents are directed to respond to the grievances raised by the applicant.
Issues: The primary issues involve the legality of the quarry's operations and the responsibilities of the relevant authorities in verifying compliance with environmental standards.
Ratio Decidendi: The court emphasizes the need for a thorough investigation into the allegations, asserting the importance of environmental compliance and public safety in the operation of industrial projects. The necessity of transferring the case to a Bench that holds jurisdiction over the locality was acknowledged, ensuring proper administration of justice.
Result: The case is to be heard further by the Southern Zone Bench of this Tribunal at Chennai.
| Table of Content |
|---|
| 1. concerns raised about illegal quarry operations. (Para 1 , 2) |
| 2. environmental issues demand significant attention. (Para 3 , 4) |
| 3. joint committee established for factual verification. (Para 5 , 6) |
| 4. jurisdiction transferred to southern zone bench. (Para 7 , 8) |
ORDER
1. The applicant-Mr. Jacob Thomas, resident of Punnathaniyil, Moonnilavu, District Kottayam, Kerala has sent to this Tribunal a letter petition dated 20.03.2025 which has been treated and registered as Original Application No.308/2025 for exercise of suo motu jurisdiction.
2. The applicant has raised the grievances regarding illegal quarry operating in violation of environmental norms. The relevant part of the letter petition enumerating grievances of the applicant reads as under:-
A) “I am a farmer by profession and immediate neighbour of the quarry of Sri E M Madhu, Ettickal, Poonjar South P 0, Kottayam Dt. Residential building in my property is shown as 4. Jacob Thomas, Punnathaniyil, Melukavu Panchayath, House No. 214 ward 07 in the approved plan. Copy of the approved plan is submitted as Exhibit 1. Quarry is functioning illegally violating the environment laws. The functioning of quarry is seriously affecting the environment. The licences were obtained by suppressing facts.
B) Sri EM Madhu, Ettickal, Poonjar South P 0, Kottayam Dt. has obtained EC to an area of 0.9845 Ha on Resurvey No. 324/1, 318/7 and 318/1 in 53 of Moonnilavu Village. He obtained the EC and other licences suppressing material facts. The statutory authorities purposefully neglected their duty. Following are some of the examples of suppression of facts, willful neglect and illegal mining:-
1) Even though this property iS situated in Moonnilavu Village which is under Melukavu Grama Panchayat.
Melukuvu Village is included in the list of ESA Village in Kasturirangan Committee Report on Western Ghats. This project area is on the boundary of Melukavu Village with similar terrain of Melukavu Village. As stated above the project area is under Melukavu Grama Panchayat itself This aspect is not considered by authorities before granting EC and other permissions. The mining area and surrounding area are steep with a slope of about 600. But this fact is also not considered before granting EC. Landslides occurred in the project area itself. A detailed verification of satellite images may reveal it.
2) Sri E MMadhu obtained E C suppressing material facts. There is a river called ’Kallar’ adjacent to the project area, which is the main tribute of famous Meenachil River. It is mentioned as Thoclu’ by the project proponent in Exhibit 1 plan and other documents to mislead the authorities. Actually it is flowing only at a distance of 40 Meters. The air distance from the river is not measured from the point where river flows close to the project area. The measurement has done during summer season and distance has taken from water flowing area only. Actual boundary of river from Revenue records were not considered for measuring the distance. As item No. 4 in the Special Conditions in E C it is stated that "A buffer of 80 m should be maintained between the stream bank and project boundary (BP-1 to BP-4)". If a buffer of 80 m is kept from the river boundary there will not be any area for mining. During the site visit the project proponent and his consultant misled the inspecting committee and got recommendation for the project. T here was no proper site verification. The river is flowing on the bottom of mining area. At present contaminated water, from the quarry is directly flowing to the river. During monsoon, the situation becomes worst.
3) There are two main irrigation works within 1 KM of project area. No NOC from Irrigation Officer has obtained by the project proponent at the time of issuance of EC. The drinking water tank situated in the property of ‘Narikattu’ is visible from project area itself. The distance is less than 100 m, More than 50 Scheduled Tribe families got house connections from the
