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2025 Supreme(Online)(NGT) 2054
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Dr. Arun Kumar Verma, EM
P.S. Saboo – Appellant
Versus
Union Territory of Andaman & Nicobar Islands – Respondent
Original Application No.71/2023/EZ | Earlier O.A. No.357/2023/EZ
For the Applicants: None
For the Respondents: Mr. Gigi George, Amrita Pandey
The Tribunal emphasized that environmental management practices must be strictly adhered to, and monitoring compliance is essential for sustainable development in ecologically sensitive areas.
Headnote:(A) Environmental Protection Act, 1986 - Coastal Regulation Zone (CRZ) Notification - Allegations against quarrying activities - No representation from Applicant - Joint Committee reports against substantial environmental violations - Compliance recommendations outlined, including monitoring and permitting processes - Environmental management plans to be implemented by Respondents. (Paras 1-26)
(B) NGT's role in environmental protection - The Tribunal stressed the importance of monitoring compliance with environmental regulations by authorities and private entities. (Paras 11-12)
Facts of the case:
The case arose from an application regarding alleged ecological damage in South Andaman, citing quarrying impacts on health and environment due to excessive dust, air pollution, and illegal operations.
Findings of Court:
The Court found no substantial evidence of environmental violation as per Joint Committee inspections.
Issues: The main issues addressed included the monitoring of quarry operations, adherence to environmental guidelines, and the alleged disturbances to ecological balance in the Andaman Islands.
Ratio Decidendi: The Tribunal ruled that allegations of environmental violations were unsupported; thus, it emphasized that the relevant authorities must comply with the Joint Committee's recommendations for improved environmental oversight.
Result: Original application disposed without costs, directing necessary compliance by relevant authorities.
| Table of Content |
|---|
| 1. environmental damage claims due to quarrying. (Para 2 , 3) |
| 2. procedural compliance for environmental protection. (Para 5 , 6) |
| 3. regulatory oversight in mining activities. (Para 11 , 12 , 13) |
| 4. findings do not substantiate environmental violations. (Para 20 , 21) |
| 5. directive for compliance with recommendations. (Para 26) |
| 6. dismissal of application with no costs. (Para 27 , 28) |
ORDER
1. Case called out. No one is present for the Applicant.
2. No one has appeared on behalf of the Applicant; previously also no one appeared on behalf of the Applicant on 17.03.2025, 31.01.2025, 25.11.2024, 25.09.2024, 02.08.2024, 21.05.2024, 05.04.2024, 13.02.2024, 25.09.2023 and 05.09.2023.
3. Heard Mr. Gigi George, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent Nos.1, Andaman & Nicobar Pollution Control Committee, 3, Andaman & Nicobar Coastal Zone Management Authority and 4, Commissioner, Andaman & Nicobar Administration and Ms. Amrita Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.2, Ministry of Environment, Forests and Climate Change (MoEF&CC).
(Final order of the said case will be uploaded in NGT website by separate sheets of paper)
ORDER
1. The Original Application No.357 was originally registered by the New Delhi Bench of the National Green Tribunal on a letter petition dated 12.12.2023 sent by the Applicant, P.S. Saboo, stating to be Branch President, All India Crime Reforms Organization, Andaman & Nicobar Islands, Port Blair.
2. Complainant has stated that there are two groups of islands namely Andaman and Nicobar having a total geographical area of 8249 sq. km., comprising 572 islands, islets and rocks covering about 948.8 sq. km. etc.; all the Islands of Andaman & Nicobar are exposed peaks of long ranges of submerged mountains which extent from Myanmar to Sumatra; most of these islands are surrounded by fringing reefs on the eastern side and barrier reefs on their western side; Andaman sea is a coral sea with an archipelago of 24 atolls and submerged banks of coral origin scattered in between Andaman Sea; 15 of the islands are of volcanic origin and mainly includes Mahatma Gandhi National Park and North Bay, Smith and Ross Islands and Cinque Island.
3. It is alleged that ecology and environmental equilibrium is being disturbed at South Andaman due to indiscriminate quarry operations, rebuilding and reconstruction work as well as new building coming up due to increase in population and demand of stone and stone products. Villages like Brookshabad, Prathopur and Brichgunj located on the outskirts of capital Port Blair have become centres of island quarrying activities. Blasting, stone crushing, lorries ferrying stone products, skyline covered with dust, drying water reservoirs, withering trees and plants, depleting water table, chocked streams and nallahs are not only causing environmental damage but also causing respiratory diseases due to air pollution. Further, Andaman & Nicobar Islands fall in high seismic hazard zone.
4. Thereafter, by order dated 29.05.2023, the said Original Application was transferred to the Eastern Zone Bench, Kolkata and has been re-numbered as Original Application No.71/2023/EZ.
5. Other than the allegations recorded by the Tribunal in its order dated 29.05.2023, we also find that a complaint was sent by e-mail to the New Delhi Bench raising several issues which, according to the complainant, impacted the environment seriously.
a. It is alleged that earth cutting of hilly land and earth filling in natural drains and paddy land is being carried out in Port Blair, Andaman District. Photographs of hill cutting under Chouldari Panchayat have been filed with the complaint.
b. It is also alleged that earth cutting by land dealers is being carried out in the Nayasher region in South Andaman and there are earth cutting and earth filling encroachments of natural drains leading from the nearby Vasundhara Dam and almost all the natural nallah/drain paths lea
