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2017 DIGILAW 1838 (JHR)

Pascal Samad v. State of Jharkhand through the Secretary, Department of Mines

2017-11-01

APARESH KUMAR SINGH, B.B.MANGALMURTI

body2017
ORDER : 1. Petitioners preferred this petition in Public Interest seeking closure of illegal stone mining in Tausera Village of Domtoli, Kolebira, District-Simdega. Petitioners alleged that three persons, namely, Abhay Kumar Prasad, Amarendra Baraik and Kedarnath Soni are lease holders of stone mines in Mouza Taisera of Kolebira. Abhay Kumar Prasad had been granted lease of stone mine in disregard of EIA Notification, 2006. According to the petitioners, lease was granted in 2007 to respondent no. 9 despite the fact that the actual distance of forest area from mines is just 50 meter and it is 152 meters in Government record as per minutes dated 22nd June, 2016. Respondent no. 8 has been also indulging in hoarding of stones in Plot no. 34, Khata no. 46 of Mouza Takba in Kolebira without any license from Mines department or any environmental/pollution clearance. His application for lease, was rejected by Assistant Mining Officer in 2016 March, but it was carrying on illegal mining of stones in connivance with Government officials and lease holder (respondent no. 9) using heavy drilling machines and blasting with heavy explosives causing nuisance and damages to the school building and houses in the village. Other two persons have no environmental clearance from Pollution Control Board but are also indulging in illegal mining of stone. Though, consent to operate was granted by Pollution Control Board to respondent no. 9 on 19th October, 2016, but he has been carrying on illegal mining since long. Other compliance relating to consent to establish granted earlier on 19th February, 2013 had also not been done. 2. In view of such illegal acts which affect the local population petitioners, who are also residents of Domtoli, P.O. & P.S.- Kolebira, District Simdega have espoused this cause and approached this Court in the instant Public Interest Litigation. 3. Respondent no. 3, Jharkhand State Pollution Control Board has filed affidavit through its Regional Officer. According to their stand, consent to establish was granted to respondent no. 9 at Plot no. 255(P), Khata no. 168 over an area of 2 acres in Mouza-Tausera, P.O. Kolebira, District-Simdega for the first time on 19th February, 2013 with certain terms and conditions (Annexure-P/2). Thereafter, the Regional Officer of the Board granted CTO for the first time on 24th February, 2015 after verifying the conditions laid down in CTE, has been complied with (Annexure-P/3). 255(P), Khata no. 168 over an area of 2 acres in Mouza-Tausera, P.O. Kolebira, District-Simdega for the first time on 19th February, 2013 with certain terms and conditions (Annexure-P/2). Thereafter, the Regional Officer of the Board granted CTO for the first time on 24th February, 2015 after verifying the conditions laid down in CTE, has been complied with (Annexure-P/3). Permission for further expansion of its existing stone mine for production capacity of 800 TPD of stone boulder was granted after proper verification of compliance of previous CTO on the existing stone mine on 19th October, 2016 (Annexure-P/4). The Board has no information regarding the mining lease granted to Amrendra Baraik and Kedarnath Soni as they have not applied for any CTE/CTO to the Board for any stone mine. They do not have any information about the respondent no. 8 either of any license for hoarding of stone boulders at Plot no. 34, Khata no. 46 of Mouze Takba in Kolebira, Distt.- Simdega. Board has also got no information regarding setting up of any stone crusher in Village-Tausera of Kolebira, District-Simdega. 4. Respondent nos. 1, 2, 4, 5, 6 &7 have also filed affidavit sworn by Assistant Mining Officer, Simdega. As per their stand, stone mines lease in favour of respondent no. 9 on Khata no. 168, Plot no. 255(P), Thana no. 93 Kolebira, District Simdega on an area measuring 2 acres (0.809) hactares, was executed for a period of 10 years with effect from 19th February, 2007. The lease has expired on 18th February, 2017 and respondent no. 9 has handed over the lease area in favour of Government and it is in the process of resettlement. They further stated that mining operation was started after approval of mining plan, consent to operate issued by Pollution Control Board and also the area of lease was less than 5 Hec. Therefore, E. C was granted by DEIAA, Simdega. He has also paid rent and royalty to the Government for the quantity of stone the lease holder is quarrying as evident from letter dated 21st November, 2015 of District Mining Officer, Simdega (Annexure-B). According to their stand, respondent no. 8 is not a lease holder and is purchaser of mines product-stone, from the lease holder respondent no. 9, who had a valid lease. Respondent no. According to their stand, respondent no. 8 is not a lease holder and is purchaser of mines product-stone, from the lease holder respondent no. 9, who had a valid lease. Respondent no. 8 had applied for storage license as per the Rule in village Taisera, but he has failed to submit the relevant papers in time. Accordingly, storage licence has not been granted. He has only trading in purchase of stone materials from the valid lease holder respondent no. 9. Therefore, no mining activities has been allowed to be done by respondent no. 8 at any point of time. Virtually these plots are of Khata no. 51 not Khata no. 181 as per record of rights. Respondents have also relied upon the report of Circle Officer, Kolebira dated 26th November 2015 and the Divisional Forest Officer, Simdega dated 4th January, 2016 in support of the submission that location of the land is as per Guidelines and Rules and is as according to the norms fixed as per EIA notification. The Deputy Commissioner has also convened a meeting on 10th November, 2016 for considering the representation of both the parties and attended by others. (Minutes at Annexure-D). The Deputy Commissioner, Simdega has further directed the Circle Officer, Simdega to conduct and supervise the blasting of mineral with safe intensity as per letter dated 12th November, 2016, communicated to S.P., Simdega, S.D.M, Simdega, Director Industries, Mines and Geology and the Secretary Industries, Mines and Geology, Govt. of Jharkhand (Annexure-E). It is further stated that as per provisions payment of compensation for the damages caused through the natural agents and calamities on the report of the Circle Officer, Kolebira vide letter dated 18th November, 2016, has been asked to be realized and paid from the mines lessee. (Annexure-F Series). 5. Counsel for the respondents also submits that some vested interest groups are disturbing the peaceful environment and the officers have been asked to keep strong vigil over the activities and act accordingly. Since the lease has already expired on 18th February, 2017, the writ petition itself has been rendered infructuous by now. 6. Petitioner has made reply to the affidavit of Respondent-State and reiterated the statements relating to violation of Guidelines and prohibitory distance to be maintained in such leases from human habitation and school i.e, 500 meters away. Certain photographs have also been annexed in support thereof. 7. 6. Petitioner has made reply to the affidavit of Respondent-State and reiterated the statements relating to violation of Guidelines and prohibitory distance to be maintained in such leases from human habitation and school i.e, 500 meters away. Certain photographs have also been annexed in support thereof. 7. We have considered the submission of learned counsel for the parties in the relevant factual matrix noted above. Upon consideration of the entire facts and circumstances, we find that the stone lease quarry in the name of respondent no. 9 has already expired in February, 2017 and there is no existing stone quarry in his name. We also find that respondent no. 8 has not been granted storage license because of lack of compliances. There are no instances from which it can be gathered that after expiry of the lease also, any such quarry activity is going on. 8. In such circumstances, we do not find any reason to keep the writ petition pending as it has become infructuous. It is disposed of as such.