Dhani Ram and Others vs Ambuja Cement Ltd. and Others

Deepak Gupta, J.—By means of this petition, the Petitioners who are the residents of village Barsanoo, Banog and Rathoh, Tehsil Arki, District Solan have prayed that the Respondent No. 1-Company be restrained from raising any kind of construction for installing the conveyor belt in the safety zone in village Barsanoo, Banog, Rathoh and Respondents No. 2 and 3 be also directed to strictly enforce and comply with the Environmental Laws.

Vide our order dated 20th December, 2010, keeping in view the issue involved, we had appointed a Commission consisting of Shri Ashwani Kumar Sharma, Advocate and Ms. Vandana Mishra, Advocate. The Commissioners were directed to visit the spot and furnish their report to the Court on the following aspects:

(i) Whether the safety of the villagers or their land will in any way be adversely affected by the construction of conveyor belt?

(ii) Whether operation of such conveyor belt shall cause or is likely to cause any environmental hazards?

(iii) In case, the Commission feels that no conveyor belt should be set up in this area, it can give its report accordingly. In case, it feels that conveyor belt can be set up with some precautions, it can also give its suggestion in this regard.

The Commissioners have filed a detailed report and their conclusions with regard to the aforesaid queries are as follows:

(i) Since the conveyor belt is proposed to be constructed by M/s Ambuja Cement Ltd. over the land declared as safety zone which is acquired by Company,the same, as such, is not likely to have significant adverse affect to the safety of villagers or impact on their lands. However, strict observance of recommendations made by the Commission, as above, as regards the adequate preventive measures are required to be adopted to contain various pollutants with in permissible limits and this deserves to be strictly enforced on the spot.

ii) The environmental hazards on account of operation of conveyor belt especially as regards Air &Noise Pollution need to be closely monitored and supervised, as suggested above. All necessary required pollution mitigative measures with the latest techniques should be insisted upon so as to ensure that the dust suppression mechanisms are in place.

(iii) Since for last 15 years or so, another convey o belt is in operation just adjacent to proposed lay out of the conveyor belt being now set up by Company, it is not desirable to suggest that the proposed conveyor belt should not be set up in the area. However, it is felt necessary that the proposed conveyor belt may be allowed to set up on the lay out identified for the same with the precautions and mitigative measures, as suggested above so that unpropitious impact of pollutants on environment and ecology in the area is reduced to the minimal extent.

It is thus obvious that according to the Commissioners, there is no need to restrain/prohibit the Company from setting up the conveyor belt. However, the Commissioners have suggested that precautions and mitigative measures should be taken to ensure that there is minimal adverse affect on the environment. In the course of the report, the Commissioners have also made reference to certain water sources of the villages, which have been adversely affected by the construction, carried out by the Respondent-Company. The first is in respect of Nauni-ki-kuhl, which originates from village Barsanoo and fed lands in village Banog and the surplus water used to be harnessed at Baldi khad. The second is Bharari-ki-kuhl and it was found that due to boulders of limestone, the said kuhl was blocked. The Commissioners have also suggested that the kuhls should be repaired and underground pipes of suitable diameter should be laid to carry the flow of water into the kuhls. The conveyor belt proposed to be set up is fully enclosed conveyor belt. In case, such a conveyor belt is not set up, a huge number of trucks will have to be utilized to carry the limestone. The plying of trucks themselves also leads to unnecessary pollution and therefore, we are of the considered view that the proposal of setting up a conveyor belt is in fact more environmental friendly than allowing trucks to be plied. At the same time, we are of the considered opinion that the rights of the villagers, especially the rights of irrigation/water and their rights to live in friendly environment are protected. The Company in its response has in fact undertaken to comply with the suggestions made by the Commissioners. Therefore, the report of the Commissioners is accepted and the writ petition is disposed of with the following directions:

a) That the Respondent-Company shall ensure that latest by 28th February, 2012 the work of constructions of the kuhals and/or laying underground pipes is completed and that there is free flow of water through the water channels in both the kuhls;

b) In case, there is any obstruction to the work being carried out, the Company can approach this Court for appropriate directions;

c) That no Civil Court shall grant a stay against the construction work being carried out by the Company in buffer zone/safety zone, unless it is carried out in the land of any other person;

d) In case, stay order is granted, then the Company will bring it to the notice of the Court.

e) The Company shall inform the HP State Pollution Control Board once the conveyor belt is complete and is ready to be functional. The HP State Pollution Control Board before allowing the conveyor belt to run on commercial basis, inspect the same and see that it complies all the environmental norms, i.e. water, air and noise pollution. The HP State Pollution Control Board can suggest remedial precautions to minimize the pollution levels by mitigative measures to reduce the pollution level and the company shall comply with the same;

f) Once the conveyor belt starts, the HP State Pollution Control Board shall carry out surprise inspections at least once a month for the next 12 months to ensure that the pollution levels are within the prescribed norms.

The writ petition is disposed of in the aforesaid terms. No costs.