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Judgment
In our order dated 22.5.2017 passed in Application No.114 of 2017 we have directed the State Level Environment Impact Assessment Authority (SEIAA), the 2nd respondent therein, to consider the various proposals stated to have been made by the applicant therein for granting Environmental Clearance (EC) in respect of different survey numbers for excavation of granite in the light of the recommendations made by SEAC on merits and in accordance with law.
Complaining that inspite of the said direction, the SEIAA has not granted EC and closed the applications, the present applications have been filed for a direction against SEIAA to consider the representations made by the applicants on 15.6.2017 in the light of our order dated 22.5.2017 and also to direct the SEIAA to grant (EC) pursuant to the recommendations of SEAC to the applicants' units. The applicants have also prayed for a direction against the 3rd respondent - Commissioner of Geology and Mines to issue permits till the disposal of the applications for the grant of EC.
When the matter came up for admission, without admitting the applications, we have directed Mr. Gokul Krishnan, learned counsel appearing for SEIAA, to take notice and find out as to whether the applications have been made by the applicants for the grant of EC before the cut-off date viz., 31.3.2016. The reason is that the Principal Bench of the National Green Tribunal in the order dated 4.5.2016 passed in O.A.No.34 of 2016 has directed to shut down all the units like that of the applicants who have not submitted their application for EC as on 31.3.2016 either to SEIAA or DEIAA. We have directed the learned counsel appearing for SEIAA to find out as to whether the applicants in respect of various proposals have submitted their applications within the time prescribed by the Principal Bench.
It is the case of the applicants that in respect of the following 16 proposals
Sl.
Quarry Site
Survey
Extent
EC
Status of
the
Meeting
proposals
proposal
of
No
No
submitted
environmenta
held on
to
the
l clearance
SEIAA
thro'online
1
Panchapalli
Village,
261/4
8.56.5
18.12.2015
SEIAA-
23.07.2016
Palacode
Taluk,
TN/F.No.4807/
Dharmapuri District
ETC
2015
Dt.05.01.2016
2
D.Goundanur Village
74/1B
4.37.0
18.12.2015
SEIAA-
23.07.2016
Sankari Taluk, Salem
TN/F.No.4808/
District
2015
Dt.05.01.2016
3
Kakkambadi Village
3/1, 3/2
3.20.5
18.12.2015
SEIAA-
23.07.2016
Yercaud Taluk, Salem
& 4
TN/F.No.4811/
District
2015
Dt.05.01.2016
4
Pazhavalam
Village,
75/11&
9.02.0
25.12.2015
SEIAA-
06.08.2016
Gingee
Taluk,
TN/F.No.5522/
Villupuram District
12
2016
Dt.11.07.2016
5
Madakkal
Village,
669/1A
11.19.5
25.12.2015
SEIAA-
08.08.2016
Denkanikottai
Taluk,
etc
TN/F.No.5569/
Krishnagiri District
2016
Dt.22.07.2016
6
D Goundanur Village
25/2B
2.71.0
08.02.2016
SEIAA-
06.08.2016
Sankari Taluk, Salem
etc
TN/F.No.5519/
District
2016
Dt.11.07.2016
7
Karandapalli (K1)
139/5
4.80.0
12.01.2016
SEIAA-
08.08.2016
Village, Denkanikottai
TN/F.No.5564/
Taluk, Krishnagiri Dist
2016
Dt.22.07.2016
8
Karandapalli (K2)
21/1
3.31.5
12.01.2016
SEIAA-
08.08.2016
Village, Denkanikottai
TN/F.No.5568/
Taluk, Krishnagiri Dist
2016
Dt.22.07.2016
9
Palayankottai (P1)
444/6
0.92.5
12.01.2016
SEIAA-
08.08.2016
Village, Denkanikottai
TN/F.No.5567/
Taluk, Krishnagir Dist
2016
Dt.22.07.2016
10
D. Goundanur Village
104/
1.77.0
12.01.2016
SEIAA-
08.08.2016
Sankari Taluk, Salem
part
TN/F.No.5516/
District
2016
Dt.11.07.2016
11
D. Goundanur Village
106/1
4.87.0
12.01.2016
SEIAA-
08.08.2016
Sankari Taluk, Salem
TN/F.No.5512/
District
2016
Dt.11.07.2016
12
Puligunda, Krishnagiri
540/1
2.77.5
18.12.2015
SEIAA-
23.07.2016
Taluk & District
TN/F.No.4809/
2015
Dt.5.01.2016
13
Thevoor, Sankari Taluk
483
4.64.5
25.12.2015
SEIAA-
08.08.2016
Salem District
TN/F.No.5518/
2016
Dt.11.07.2016
14
Arasiramani, Sankari
498
3.94.0
25.12.2015
SEIAA-
08.08.2016
Taluk, Salem District
TN/F.No.5520/
2016
Dt.11.07.2016
15
Arasira mani, Sankari
549/2
1.69.5
25.12.2015
SEIAA-
08.08.2016
Taluk, Salem District
etc
TN/F.No.5523/
2016
Dt.11.07.2016
16
Arasiramani, Sankari
569/1
4.83.0
25.12.2015
SEIAA-
08.08.2016
Taluk, Salem District
etc
TN/F.No.5517/
2016
Dt.11.07.2016
they have submitted their applications on-line before the cut-off date viz., 31.3.2016.
Today, the learned counsel appearing for SEIAA has submitted a Note based on our direction. From the Note, it is clear that two projects of the project proponent viz., M/s. Gem Granites and M/s. Imperial Granites Pvt. Ltd., have submitted their applications seeking EC and the said proposals were placed before the 78th and 79th meeting of SEAC held on 22.7.2016 and 8.8.2016 for appraisal and the SEAC has recommended the projects, subject to the following conditions:
'' i.The Assistant/Deputy Director, Department of Geology & Mining shall ensure that the proponent has engaged the blaster with valid Blasting license/certificate obtained from the competent authority before execution of mining lease.
ii. The proponent shall furnish the Baseline data covering the Air, Water, Noise and land environment quality for the proposed quarry site before execution of mining lease.
iii. The proponent hall erect the pillars in accordance with the Rules for depicting GPS details in the earmarked boundary of the quarry site to monitor electronically before execution of mining.
iv. The Proponent has to carry out the Resistivity survey through authorized experts/institutes for Ground water table land based on the report, the Assistant/Deputy Director of Department of Geology & Mining shall ensure that the depth of mining shall be restricted as per the MMCR, 1959 before execution of the mining lease.
v. The proponent has to provide insurance protection to the workers in the case of existing mining or provide the affidavit in case of fresh lease before execution of mining lease.
vi. Permission may be obtained from the competent authority for using heavy earth machineries wherever required."
In respect of all the 16 proposals the SEAC has made the following recommendations, as it is seen in the Note submitted by the learned counsel appearing for SEIAA:
S.No
File
Site Address
SEAC Recommendations
No
1
5519
25/2B, 26/2B & 33/3
Recommended subject to condition and
Devannagounanaur
Adequacy of dumping site proposed in the lease
Village, Sankari
area
Taluk, Salem
2
5569
669/1A,2A,670/1,2,3 etc
Recommended subject to condition and also on
Madakkal, Denkanikottai
receipt of acknowledgement copy obtained for
Krishnagiri
NBWL. And the proponent shall submit the
affidavit stating that the interim court order is
valid till date
3
5512
4/4B, 2/3, 52/4,52/5,52/6
Recommended subject to condition
52 etc Vengamur &
Anumanthapuram Village
Villupuram
4
5516
104(P) Devannagoundana
Recommended subject to condition
Nur Village, Sankari Taluk
Salem
5
5567
444/6 (P)
Recommended subject to condition and also on
Palayamkottai
Receipt of acknowledgement copy obtained for
Denkanikottai
NBWL
Krishnagiri
6
4807
S.F.No.261/4, 262/`1 etc
Recommended subject to condition that the PP
Panjapalli Village
has to furnish the photocopies of tree plantation
Palacode Taluk
and receipt of NBWL acknowledgement copy
Dharmapuri
7
4808
S.F.No.74/1B,74/2B,91/1
Recommended subject to condition that the PP
Devannagoundanur
has to klfurnish
Village,SankariT,aluk,
1.Photocopies of 130 no. of tree plantation
Salem
2.Since no tree plantation has been done for lthe
kpast 7 years, the PP has to lgive Rs.3.0 lakhs to
the District Collector for tree plantation in the
forest land and lreceipt to be submitted.
3.Details of the CSR activities.
4.Address the adverse impact due to mining on
the habitastion in the downsides
8
4811
S.F.No.3/1,3/2 & 4/1
Recommended subject to condition that the PP
Kakkambadi Village
ha to furnish
Yercaud Taluk, Salem
1.Photocopies of 130 no. of tree plantation
2.Since no tree plantation has been done for the
past 7 years, the PP has to give Rs.3.0 lakhs to
the District Collector for tree plantation in the
forest lan and receipt to be submitted.
3.Deteails of the SR activities
4.Address the adverse impact due to mining on
the habitation in the downsides
9
5522
75/11,75/12
Recommended subject to condition and
Pazhavalam Village
adequacy of ldumping site proposed in the lease
Gingee Taluk, Villupuram
area
10
5564
139/5 (P) Karandapalli
Recommended subject to lcondition and also on
Denkanikottai,Krishnagiri
receipt of acknowledgement copy obtained for
NBWL
11
5568
521/1, Karandapalli
Recommended subject to condition and also on
Denkanikottai,Krishnagiri
receipt of acknowledgement copy obtained for
NBWL
12
4809
S.F.No.540/1
Recommended subject to lcondition that the PP
Puligunda Village
has to furnish the details of SR activities carried
Krishnagiri Taluk
out
Krishnagiri
13
5517
569/1,2,3,4,5,7,8 etc
Recommended subject to condition
Arasiramani Bit - II
Village Sankari Taluk
Salem
14
5518
483, Thevoor Village
Recommended subject to condition
Sankari Taluk, Salem
15
5520
498, Arasiramani Bit - II
Recommended subject to condition
Village, Sankari Taluk,
Salem
16
5523
549/2,3,4 & 5
Recommended subject to condition
Arasiramani Bit l- II
Village, Sankari Taluk
Salem
However, it is the case of SEIAA that the applications for grant of EC were received after the cut-off date viz., 31.3.2016. The particulars given in respect of 16 units are as follows:
Sl.
File No
Name & address of
Type of
Site address
Date of
Letter sent
No
The proponent
activity
receipt
Regarding
14.03.2017
Notification
1
5519
M/s.Gem Granites
Multi
25/2B,26/2B &
11.07.16
11.05.17
No.78, Cathedral
Colour
33/3,Devannago
Road, Chennai - 86
granite
unanaur Village,
Sankari Taluk
Salem
2
5569
M/s.Gem Granites
Multi
669/1A,
2A,
22.07.16
11.05.17
No.78, Cathedral
Colour
670/1, 2,3 etc
Road, Chennai - 86
granite
Madakkal,
Denkanikottai
Krishnagiri
3
5512
M/s.Gem Granites
4/, 4/B,2/3,52/4,
11.07.16
11.05.17
No.78, Cathedral
Black
52/5, 52/6,52
Road, Chennai - 86
Granite
Etc Vengamur &
Anumanthapura
m Village,
Villapuram
4
5516
M/s.Gem Granites
Multi
104(P)
11.07.16
12.05.17
No.78, Cathedral
Colour
Devannagounda
Road, Chennai - 86
Granite
naur Village
Sankari Taluk
Salem
5
5567
M/s.Gem Granites
Black
444/6 (P)
22.07.16
12.05.17
No.78, Cathedral
Granite
Palayamottai
Road, Chennai - 86
(Dolerite)
Denkanikottai
Krishnagiri
6
4807
M/s.Gem Granites
Black
S.F.No.261/4,
05.01.16
15.05.17
No.78, Cathedral
Granite
262/1 etc
Road, Chennai - 86
Panjapalli
Village
Palacode
Taluk
Dharmapuri
7
4808
M/s.Gem Granites
Multi
S.F.No.74/1B,
05.01.16
15.05.17
No.78, Cathedral
Coloured
74/2B, 91/1
Road, Chennai - 86
Granite
Devannagoudan
Quarry
ur
Village,
Sankari Taluk,
Salem
8
4811
M/s.Gem Granites
Black
S.F.No.3/1,3/2
05.01.16
15.05.17
No.78, Cathedral
Granite
& 4/1,
Road, Chennai - 86
Kakkambadi
Village, Yercaud
Taluk, Salem
9
5522
M/s.Gem Granites
Black
75/11,75/12
11.07.16
15.05.17
No.78, Cathedral
Granite
Pazhavalam
Road, Chennai - 86
Village, Gingee
Taluk
Villupuram
10
5564
M/s.Gem Granites
Black
139/5(P)
22.07.16
15.05.17
No.78, Cathedral
Granite
Karandapalli
Road, Chennai - 86
(Dolerite)
Denkanikottai
Krishnagiri
11
5568
M/s.Gem Granites
Black
521/1
22.07.16
15.05.17
No.78, Cathedral
Granite
Karandapalli
Road, Chennai - 86
(Dolerite)
Denkanikottai
Krishnagiri
12
4809
M/s.Imperial
Black
S.F.No.540/1
05.01.16
15.05.17
Granites (P) Ltd
Granite
Puligunda
No.76, Cathedral
Village
Road,Chennai-86
Krishnagiri
Taluk
13
5517
M/s.Imperial
Multi
569/1,2.3,4,5,7,
11.07.16
10.05.17
Granites (P) Ltd
Colour
8,9,10,11,17(P),
No.76, Cathedral
Granite
570/3A,3B,3C,
Road,Chennai-86
577/2 & 4
Arasiraani Bit -
II
Village,
Sankari
Taluk, Salem
14
5518
M/s.Imperial
Multi
483,Thevoor
11.07.16
13.05.17
Granites (P) Ltd
Colour
Village, Sankari
No.76, Cathedral
Granite
Taluk, Salem
Road,Chennai-86
15
5520
M/s.Imperial
Multi
498,Arasiramani
11.07.16
15.05.17
Granites (P) Ltd
Colour
Bit -II
Village,
No.76, Cathedral
Granite
Sankari Taluk
Road,Chennai-86
Salem
16
5523
M/s.Imperial
Multi
549/2,3,4&5
11.07.16
15.05.2017
Granites (P) Ltd
Colour
Arasiramani Bit
No.76, Cathedral
Granite
- II Village,
Road,Chennai-86
Sankari Taluk
Salem
According to SEIAA for the Sl.Nos.6, 7, 8 and 12 in respect of S.F.No.261/4, 262/1 etc., Panjapalli Village, Palacode Taluk, Dharmapuri, S.F.No.74/1B, 74/2B, 91/1, Devannagoundanur Village, Sankari Taluk Salem, S.F.No.3/1, 3/2 & 4/1 Kakkambadi Village, Yercaud Taluk, Salem and S.F.No.540/1, Puligunda Village, Krishnagiri Taluk the applications are received within the time stipulated by the Principal Bench and the remaining applications, according to the learned counsel appearing for SEIAA, are received after the cut-off date and therefore they were not considered.
On a perusal of the dates on which the applications were made regarding all the 16 proposals, it is clear that the applications were made on-line before 31.3.2016. Even though the learned counsel appearing for SEIAA would submit that the said applications were incomplete and defective and as certain conditions are to be complied with they were not considered, it is an admitted fact that those applications were not returned by SEIAA.
In such circumstances, we are unable to accept the contention of the learned counsel appearing for SEIAA that in respect of 12 (16-4) units the proposals applications were made beyond the cut-off date. Needless to state that in the light of the recommendations by SEAC, it is the duty of SEIAA to consider the applications on merits and pass orders. We make it clear that while passing orders, SEIAA shall impose all the conditions which are recommended by SEAC as stated in the Note submitted by the learned counsel appearing for SEIAA. The SEIAA shall pass orders in the light of the recommendations of SEAC within two weeks from the date of receipt of the copy of this order.
In respect of 3rd prayer, it is stated that the prayer relates to the grant of transport permit by the Department of Geology and Mines in respect of quarry which was already effected, we are of the considered view that this Tribunal cannot issue such order. It is always open to the applicants to approach the appropriate authority for necessary orders. We also make it clear that while imposing various conditions in the EC, the SEIAA shall also incorporate the conditions that in the event of failure of compliance of any of the conditions, it will be open to the SEIAA to cancel the EC.
Accordingly the applications stand ordered. No cost.