Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 5174

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Dr. Arun Kumar Verma, EM
Amar Kumar Gupta – Appellant
Versus
State of Jharkhand – Respondent
Original Application No.113/2024/EZ

Advocates:
For the Applicant(s): Suo Motu
For the Respondent(s): Ms. Aishwarya Rajyashree, Adv. for R-1,3,4,5 & 6, Mr. Surendra Kumar, Adv. for R-2, Mr. Ashok Prasad, Adv. for R-7, Mr. Sibojyoti Chakrabarti, Adv. for R-8

The mining operations are suspended pending compliance with Environmental Clearance conditions due to impacts on local ecology and structures.

Headnote:(A) Environment (Protection) Act, 1986 - Non-compliance with Environmental Clearance - The project Proponent has not complied with the conditions of the Environmental Clearance issued for the stone mining project, leading to cracks in structures due to mining activities - Several violations were observed, including lack of wildlife conservation plan and non-implementation of mandated tree plantation. (Paras 15, 16)

(B) Mining Operations - Impact on Local Environment - Mining activities are causing ecological disruption in the vicinity of the Parasnath Wildlife Sanctuary, endangering the local wildlife and altering landscapes. (Paras 1, 2)

Facts of the case:
The applicant reported that ongoing mining activities near the Parasnath Wildlife Sanctuary are damaging public structures and wildlife habitats while causing cracks in surrounding residences.

Findings of Court:
Mining operations were found to be non-compliant with the Environmental Clearance and suffering from multiple violations.

Issues: The main issue addressed was the non-compliance of the mining project with Environmental Clearance conditions and its ecological impact on the environment.

Ratio Decidendi: The Tribunal held that the respondent's mining activities cannot proceed until all Environmental Clearance conditions are complied with, affecting local ecology and structures.

Result: The mine's operation is suspended until compliance with Environmental Clearance conditions is verified.

Table of Content
1. descriptive violations of environmental clearance impact local ecology. (Para 1 , 2 , 6 , 8)
2. site inspection and findings on mining violations. (Para 3 , 4 , 10)
3. recommendations for compliance and suspension of mining operations. (Para 12 , 14 , 15)

ORDER

1. The present Original Application has been registered in view of a letter petition sent by the Applicant, Mr. Amar Kumar Gupta, through e-mail dated 15.04.2024, in the National Green Tribunal, Eastern Zone Bench, Kolkata. The Applicant is stated to be a resident of area adjacent to the Parasnath Wildlife Sanctuary. The allegation in the letter petition is that stone mining activities are going on within the area adjacent to the Parasnath Wildlife Sanctuary and in the process of mining huge cracks have formed in the homes and public structures in the area endangering the lives of the residents of the area.

2. It is also alleged that noise and dust due to stone mining activities are driving away wildlife and destroying the habitats and altering the landscape of the area thereby affecting the behaviour of the fauna also. It is alleged that the mining activities are also causing ecological imbalance of the Parasnath Wildlife Sanctuary.

3. At the time of admission, the Tribunal constituted a Fact Finding Committee comprising of the following members:-

(i) Senior Scientist, Jharkhand State Pollution Control Board,

(ii) Divisional Forest Officer, Giridih,

(iii) Deputy Commissioner/District Magistrate, Giridih, or his representative not below the rank of Additional District Magistrate, and

(iv) Divisional Forest Officer, Parasnath Wildlife Sanctuary, Jharkhand, The Committee was directed to visit the site in question and submit its Report with regard to the allegations made in the Original Application.

4. Along with the letter petition, photographs have been filed to support the allegations that due to the stone mining activities in the area cracks have developed in the homes and public structures.

5. The Respondent No.2, Jharkhand State Pollution Control Board, has filed counter-affidavit dated 21.10.2024 bringing on record, the Inspection Report of an inspection carried out on 14.08.2024 which reads as under:-

Inspection Report of Committee Constituted by Hon’ble NGT, Eastern Zone Bench, Kolkata in Original Application no. 113/2024/EZ (Amar Kumar Gupta vs State of Jharkhand & Ors.)

_____________________________________________________

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Hon’ble NGT, Eastern Zone Bench, Kolkata in the matter of original application no. 113/2024/EZ (Amar Kumar Gupta vs State of Jharkhand) order dtd 09.07.2024 a committee was constituted from the below mentioned organization :

(i) Senior Scientist, Jharkhand State Pollution Control Board

(ii) Divisional Forest Officer, Giridih.

(iii) Deputy Commissioner / District Magistrate, Giridih or his representative not below the rank of Additional District Magistrate.

(iv) Divisional Forest Officer, Prasasnath Wildlife Sanctuary, Jharkhand.

2. It was alleged in the aforesaid application that stone mining activities are going on within the area adjecent to the Parasnath Wildlife Sanctuary and in the process of mining huge cracks have formed in the homes and public structures in the area endangering the lives of the residents of the area. Noise and dust are driving away wildlife and destroying the habitats and altering the landscape of the area thereby affecting the behaviour of the fauna also. Mining activities are also causing ecological imbalance of the Parasnath Wildlife Sanctuary.

3. Accordingly, Site inspection has been carried out on 14.08.2024 by the committee comprising of following member:-

(1) Sri Bijay Singh Birua, Additional Collector, Giridih (Representative of Deputy Commisioner, Giridih),

(2) Sri Jitendra Prasad Singh, Regional Officer, Hazaribagh, Jharkhand State Pollution Control Board,

(3) Sri Manish Tiwari, Divisional Forest Officer, Giridih (East) and

(4) Sri Suraj kumar Singh, Divisional Forest Officer, Hazaribagh WILDLIFE Divisio

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2024 Supreme(Online)(NGT) 5174

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)B. Amit Sthalekar, JM, Dr. Arun Kumar Verma, EMAmar Kumar Gupta – AppellantVersusState of Jharkhand – RespondentOriginal Application No.113/2024/EZ

The mining operations are suspended pending compliance with Environmental Clearance conditions due to impacts on local ecology and structures.

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Dr. Arun Kumar Verma, EM
Amar Kumar Gupta – Appellant
Versus
State of Jharkhand – Respondent
Original Application No.113/2024/EZ