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Item No. 02

BEFORE THE NATIONAL GREEN TRIBUNAL

CENTRAL ZONE BENCH, BHOPAL

(Through Video Conferencing)

Original Application No. 101/2020(CZ)

(I.A. NO.113/2020)

Maa Bhadrakali Shaktidham

Mahashaktipeeth Mandir

Applicant(s)

Versus

State of Madhya Pradesh & Ors.

Respondent(s)

Date of hearing: 21.06.2021

CORAM:

HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER

HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

For Applicant(s):

Mr.Naveen Ahuja Adv.

For Respondent(s)

Ms. Parul Bhadoria, Adv.

ORDER

1.The issue of illegal and excessive mining by the stone crusher, having

blasting carried out day and night with the use of dynamites, stone

crushing and mining within the prohibited zone of inhabitation and

within 20 meters away from the government school, 10 meters away

from an ancient temple, 20 meters away from the house of residents

and 5 meters from the road adjoining three nearby villages has been

raised by the applicant against the non-applicant no. 6-M/s Jhulelal

Stone Crusher in the Village-Rasuliya Pathar, District-Bhopal.

2.The matter was taken up on 02.12.2020 and this Tribunal directed the

representative of Mining Department, Bhopal and Member Secretary of

State Pollution Control Board to submit a factual and action taken

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report. The Members of the Committee visited the spot, made an

inspection and submitted a report as per the available data / record,

which is as follows :-

1.During the inspection, the geographical location in terms of

latitude and longitude of places are measured using mobile

based GPS application. The measured latitude and longitude

are marked on the Google map.

2.Team

visited

petitioner’s

location

Shri

Bhadrakali

Shaktidham Mahashaktipeeth Village – Rasuliya Patthar,

District – Bhopal premises and the same is marked in the

google map.

3.The lease boundary of M/s Shailendra Shrivastava boulder

mine and M/s Dilip Kumar Preetmani stone quarry is just

adjacent to the premises of Shri Bhadrakali Shaktidham

Mahashaktipeeth. The mandir, school and settlement are

located approx 10 meters to approx 30 meters from lease

boundary.

4.One stone crusher of M/s Dilip Kumar Preetmani stone

crusher (M/s Jhulelal Stone Crusher) is installed around 350

meters

away

from

Shri

Bhadrakali

Shaktidham

Mahashaktipeeth Village – Rasuliya Pathar, Tehsil –Huzur,

District –Bhopal.

5.As per the record of Mining Department, there are two mines

of stone quarry attached to M/s Dilip Kumar Preetmani (M/s

Jhulelal Stone Crusher). The geographical locations of the

two mines are marked on the Google map.

6.The stone quarry mines M/s Shailendra Shrivastava boulder

mine, M/s Dilip Kumar Preetmani and M/s Chandra

Preetmani

are

located

adjacent

to

each

other.

The

geographical locations are marked on the goolge map.

7.As per the locations marked on Google map, the lease

boundary of M/s Shailendra Shrivastava boulder mine and

M/s Dilip Kumar Preetmani is located approx 10 meter from

Shri Bhadrakali Shaktidham Mahashaktipeeth and M/s

Chandra Preetmani stone mine is approx. 220 meter away

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from the Shri Bhadrakali Shaktidham Mahashaktipeeth.

8.During inspection, M/s Jhulelal Stone Crusher (M/s Dilip

Kumar Preetmani) stone crusher was not found in operation.

Small quantity of crushed stone was observed in the

premises.

9.At the time of inspection, M/s Shailendra Shrivastava

boulder mine and M/s Dilip Kumar Preetmani stone quarry

was not operational and no broken stone was observed in the

mine bed. The M/s Chandra Preetmani stone mine was

operational at the time of inspection and one poclain

machine was observed excavating stone from the mine.

10.As per office record, M/s Shailendra Shrivastava boulder

mine of 2.50 hact, M/s Dilip Kumar Preetmani stone quarry

of 2.52 hact and M/s Chandra Preetmani stone mine of 1.0

hact having valid mining leases and validity is up to

20/06/2021, 26/12/2023 and 07/02/2028 respectively.

These mi