R. Sabapathy And Ors vs District Collector And Ors

We have heard the learned counsel appearing for the applicant as well as respondents particularly the 4th respondent project proponent. The prayer in this application is to direct official respondents to inspect the 4th respondent industry and ensure that the stone crushing unit functions in accordance with the guidelines and directions issued by the Board and in compliance with the consent order issued dated 14.12.2016.

In the Application, the applicants have also chosen to state that the 4th respondent is carrying on stone quarrying activity without EC in Kaithiankottai Village in Vedasandur Taluk, Dindigul District. It is now admitted and is not in dispute that the 4th respondent is not having EC for the purpose of carrying on his quarrying operations and the 4th respondent is also not carrying on quarrying operations by virtue of interim order passed by this Tribunal. It is stated by the 4th respondent that the application for EC is pending before the appropriate Authority. It is open to the Authority to make a decision in accordance with law. Till such decision is taken , we make it clear that the 4th respondent shall not carry on quarrying activities in the place concerned.

In so far as the Crushing Unit is concerned, it is an admitted case of the 4th respondent that he is not having sufficient raw materials at the site and his intention is to purchase the same from the outsider. Accordingly, it is stated that as submitted by Mr.K.Suresh, learned counsel appearing for 4th respondent that based on record, an agreement has been entered into on 7. 03.2017 by 4th respondent with one, Mr. M. Subbiah for the purpose of procuring raw materials for crushing activity from Ammapatti Village, Vedasandur Taluk, Dindigul District. The Agreement also shows in the schedule that the materials to be procured are in Ammapatti Village, Vedasandur Taluk, Dindigul District in Survey No.235/3, 231/3 and 238/2B in the extent of 1.94.0 ha. In accordance with the said agreement if the 4th respondent is procuring the materials from the quarry having EC, it is open to the 4th respondent to use the same for crushing activities strictly in accordance with the conditions of consent order granted by the Board dated 14.12.2016. The learned counsel appearing for the Board also submits on instructions by the Pollution Control Board officials, that the 4th respondent has restricted itself within the boundary and there is no encroachment. We make it clear that the Board shall continue to have supervision over the activities of the 4th respondent. However, if it is found that there is any encroachment and illegal quarrying by the 4th respondent, it is always open to the Board to take appropriate action in the manner known to law besides reporting to the District Collector/ Mines & Geology Department.

As per the Inspection Report, the Board shall ensure that sufficient green belt is developed by the 4th respondent besides strictly implementing the Air Pollution Control (APC) measures as per the directions of the Board.

With the above direction, the application stands closed. M.A. No.19 of 2017 also stands closed as no further order is required.