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Judgment
We have before us the Applicant in person as well as his Counsel. The Applicant has made grievance regarding unlawful, uncontrolled and unscientific quarrying and stone crushing activities being undertaken at:
a) Village Adivali-Bhutavali, Survey No.94/A,
b) Village llthan, Survey No.78/A
c) Village Digha, Survey No.230,
d) Village Chinchavali, Survey No.102
e) Village Pavane, Survey No.163,
f) Village Bonsari, Survey No.203,
g) Village Shirvane, Survey No.323/A,
h) Village Turbhe, Survey No.387,
i) Village Kukshet, Survey No.183,
The Applicant submits that every quarrying activity requires Environment Clearance (EC) and 'Consent to Operate' under the Water (Prevention and Control) of Pollution Act, 1974 and the Air (Prevention and Control) of Pollution Act, 1981 granted by the lawful Authorities before any activity of quarrying is undertaken.
Learned Counsel appearing on behalf of Respondent No.1 State of Maharashtra through Environment Department, and other Authorities Respondent Nos. 2 to 10 admit this legal proposition, and submit to the orders of this Bench.
In this backdrop, the Applicant submits that the Applicant can be disposed off with appropriate directions binding the parties to discharge their obligations as per law.
The Application further reveals that lack of pollution control measures and violations of law done by the quarrying operators, particularly, without consent to operate as well as Mining Plan and quarrying being done in excess of the sanctioned limits prescribed under the Mining Plan. We, therefore, pass the following directions:
i) Respondent No.1 State of Maharashtra through Environment Department, Respondent No.3 the Principal Secretary, Revenue and the Forest Department of Govt. of Maharashtra and Respondent No.4- the Chief Conservator of Forest, Thane shall not allow any quarrying activity in the areas of aforesaid villages designated or identified as 'Reserved Forest', 'Protected Forest', 'Private Forest' and 'Forest like Area', Forest Land and 'Shrub Forest' without any Forest Clearance as envisaged under the Forest (Conservation) Act, 1980.
ii) Respondent No.5- District Collector, Thane shall not allow any quarrying activity without prior Mining Plan and EC required for such activity in the District, particularly, in the said villages and shall keep vigil over the area and ensure that no such illegal quarrying activity is carried out.
iii) Respondent No.2 CIDCO shall not grant any lease falling within their area in the said villages to any one desirous of carrying out quarrying activity without production of EC required therefor.
iv) Respondent No.7 MIDC is directed not to grant any permission/permit any quarrying activity in the said village without EC being produced for such activity.
v) Respondent Nos.8 the Regional Officer MPCB and Respondent No.9 the Member Secretary, MPCB are directed not to grant any 'Consent to Operate' to quarrying in the said villages without their being any EC therefor.
vi) Respondent Nos.8 the Regional Officer MPCB and Respondent No.9 the Member Secretary, MPCB are further directed to ensure strict compliance of all the terms and conditions prescribed under 'Consent to Operate' granted to quarrying activity and Stone Crushing in the said villages.
vii) Respondent No.10 Deputy Director, Ecology and Mine, Govt. of Maharashtra is directed to ensure that no mining is done exceeding/beyond the carrying capacity of the mining are in question and/or without Mining Plan.
viii) We direct Respondent No.5 the Collector, Thane Respondent Nos.8 the Regional Officer MPCB and Respondent No.9 the Member Secretary, MPCB and Respondent No.10-Deputy Director, Directorate of Geology & Mining or any one of them to place before us description and particulars of quarrying and stone crusher operators, operating in the aforesaid area without EC and/or in violation of Law in any manner whatsoever for imposition of Environmental Compensation and for such other further directions.
ix) Every case of transgression of these directions and/or non-compliance of such terms and conditions stipulated for operating stone quarrying/crushing shall be brought to the Notice of this Tribunal for the purposes of imposing Environmental Compensation and such other further directions.
All the Respondents shall co-operate with each other to ensure compliance of these directions.
Application 08 of 2017 stands disposed off accordingly.