AI Structured Summary
Not yet generated for this judgment
Judgment
The issues raised in this application are operation of mining without any due permission of any authority operating in Garlavoddu Village, Enkoor Zone, Khammam District, Telangana, damaging endangered hills and forests and adversely affecting wild animals. The matter was taken up by this Tribunal on 24.05.2022 and a Committee was constituted and a factual and action taken report was sought. The Committee submitted a report on 31.10.2022 where certain violations were found. The violations are as follows:
(i) The crusher is storing the stone dust in large heaps which is the source of fugitive dust emissions. The crusher has not provided wind breaking walls around the plant to control dust emissions to the surrounding areas and not laid internal metal roads.
(ii) No separate road from crusher to the main road and using the village road to transport gravel without permission and causing trouble to the villagers.
(iii) There were huge explosions and it is reported that many houses are badly damaged by the blasts. During the explosions, large boulders fall on the surrounding crop fields.
The Collector has filed a separate report on 15.02.2023 and TSPCB has filed the status report vide e-mail dated 06.07.2023. While submitting the report, the State PCB had not taken on account the above points raised and further the action taken on the past violations.
In view of the damage to the houses, learned Counsel for the State PCB has substantiated that the Village Panchayat has narrated another fact. The learned Counsel for the State PCB reveals that the unit was in operation without valid EC and State PCB had not taken any action in due course of time and while submitting the report past violations have not been considered and no compensation has been calculated and assessed.
Accordingly, we direct the State PCB to submit the report on above points within four weeks from today. The State PCB is warned to be careful while proceeding the grant of EC and they must consider the past violations and action must be initiated so that the grant of EC should not be in promotion of illegality or violation of environmental rules. The report be filed before Southern Zone Bench, NGT.
Since the matter relates to Khammam District, Telangana coming within the jurisdiction of Southern Zone Bench, NGT. Thus, Registry is directed to transmit the records of this matter to Southern Zone Bench where the Registrar shall register the case and place before the Bench for further proceedings.
List for further consideration on 04.09.2023 before Southern Zone Bench.