Smt. Radharani Vajpayee vs Department Of Mining And Ors

This Original Application raised the issue relating to the mining in the hills of Dewas in an area popularly known as Shankar Gadh and adjoining areas which as per the Applicant was illegal mining which had not only destroyed the hills but also forests and adversely affected the ecology of the area. It is also alleged that no environmental impact assessment had been carried out, the area in question was alleged to be natural forest including " chotey bade jhad ke Jungel" and along with the mining activity large number of stone crushers were also alleged to be operating without due consents under the Air and Water Act. It was thus, alleged that the entire activity was illegal and should be banned as the same is causing adverse environmental impact and was harming the environment in the area.

When the matter came up for hearing on 08.01.2014 the Counsel for the Applicant prayed for time to implead the affected persons who were carrying out the mining activities in village Shankar Gadh and adjoining areas in District Dewas. As a result the Application was submitted for impleading the mining lessees and stone crusher operators who were ordered to be impleaded as party Respondents No. 14 to 30 to whom notices were served and Counsels appeared on their behalf on the next date of hearing i.e. 20.02.2014.

On 22.03.2014 after the replies had been filed and the matter was heard it was alleged on behalf of the Applicant that in some cases though the consents had been granted, however, a larger question had arisen in the light of the Deepak Kumar's case in the Hon'ble Supreme Court taking into account the large number of such mines and stone crushers and in a small area of about 30 hectares as the same needs to be considered from the point of view of the cumulative impact which had not been taken into account while granting such consents. The Additional Advocate General who appeared on behalf of the State and the State PCB sought time to consider the matter and make his submissions. Learned Counsel for the State was also directed to file the affidavit whether the land in question over which the mining activity is going on and the stone crushers established falls within the purview of forest land on the date of the commencement and coming into force of the Forest Conservation Act 1980.

On 5.08.2014 after hearing the Learned Counsel for the parties the following order was passed:

"Heard learned Counsel for the parties. A perusal of the reply submitted by the State goes to show that in the month of February, 2014 the Collector (Mines), District Dewas has issued show-cause notices against the lease-holders of the mines enumerating the various shortcomings and violations which were found in respect of each of the mining lease holders. It is stated that replies to the show-cause notices have also been submitted by the respective lessees. However, orders after consideration of the replies and hearing the lease-holders, have not been passed in respect of the show-cause notices given by the Collector (Mines), Dewas. We would expect that the Collector (Mines), Dewas shall conclude the proceedings in respect of each of the mine lease holders to whom notices have been issued to show cause within a period of 30 days from today by affording an opportunity of personal hearing. The first hearing in this matter shall be held on 20th August, 2014 on which date each of the lessees shall appear before the Collector (Mines) at 3:00 p.m. The Collector (Mines) shall also in addition to the above, direct that the notices be sent through the Mining Officer concerned for serving upon each of the lessees to whom notices have been issued and after hearing parties necessary orders shall be passed.

In case the Mining Officer finds it difficult to effect the service of the notice to the parties, he would be entitled to serve the same at the respective mining site of the lease holders.

We have also considered the reply filed by the Pollution Control Board. We find from the reply that most of the mining leases which are currently operating, were granted for a period of 10 years and in some cases even 20 years. The fact remains that there are about 20 mining leases in operation in the area. It is alleged in the petition that as a result of such long duration of lease period and carrying out of extensive mining operations for such a long duration in such large number of mining leases and more number of leases that may be allotted in future, the entire environment in the area including wind flow and wind direction, may also get affected as a result of which windmills, which are a source of generating renewable energy and which have been set up in the vicinity of mines, may get affected and therefore, it may be required to re-examine the issue in the light of any baseline data that may have been collected at the time when such wind farms were established and looking to their feasibility and the present position as is existing to make it is suggested make a comparative assessment with latest data in order to see whether there are any other changes in the pattern as a result of the extensive mining on the hills that is being carried out as alleged in the petition.

The State Pollution Control Board may for the aforesaid purpose, if necessary, take expert opinion in the matter.

We make it clear that the period of 30 days granted to the Collector (Mines), Dewas shall commence from the date of hearing after notice."

On 23.09.2014 when the matter came up for hearing an Application was submitted on behalf of the State for extension of time for the District Collector Dewas to submit his report. The M.A filed by the State was allowed and time was extended up to 19.11.2014. However, while doing so the following order was passed on 23.09.2014:

"This M.A.No.546/2014 has been filed by the State Government by way of an application of the District Collector, Dewas praying for extension of time to submit the report as directed by this Tribunal under the earlier order dated 05.08.2014.

Learned Counsel for the lease holders, Shri Ajay Gupta pointed out that, in fact, in the garb of the proceedings before this Tribunal only a few lease holders have been identified and are targeted by means of issuing the show cause notice. He submitted that in the entire belt, there are more than 40 lease holders and to review the permissions granted as well as the compliance of the conditions with respect to each one of them, reply may be sought from the MPPCB as well as the Mining Department.

As far as the aforesaid position is concerned, we direct that the Pollution Control Board shall carry out the review of the compliance of the conditions of the permissions granted to each of such mining lease holders in Village Shankargarh, Palnagar, Rajoda and Dewas Junior of District Dewas.

Apart from ensuring compliance of the conditions and verifying the fact whether or not necessary permissions have been obtained by each of such mining lease holders and crushing units, the issue with regard to improving the environment of the area shall also be examined as has been submitted that with such a large number of mines and crushing units operating in the area. The environment as a whole is being targeted and needs not only protection but improvement. The report to be submitted by the MPPCB as well as the State shall also indicate the number of leases which have been granted year-wise for each of such lease holders and crushing units and how many of them are actually existing and conducting operations.

Also in consultation with the Forest Department, the District Collector shall indicate whether it would be feasible for the Revenue Department to consider handing over the area to the Forest Department for preservation and protection of the same by allowing natural regeneration to come up supplemented with artificial regeneration by planting suitable species of trees/shrubs/grasses etc. depending on the soil conditions and taking measures for foolproof protection from biotic interference in the area though it is reported that presently the hills are barren/denuded.

As such, in M.A.No. 546/2014, we grant time to the Respondents to submit their report by 19.11.2014. In the meanwhile, the Respondent lease holders / owners of the crushing units may submit their reply by 19.11.2014 failing which their right to file reply shall be closed. M.A. No. 546/2014 stands disposed of."

However, in the meanwhile, elections were announced to the local bodies and District Collector sought further time for submitting the report.

On 24.03.2014 Learned Counsel for the State submitted that all the 33 mining leases in the area have been cancelled and operations closed down likewise, the stone crusher units have also been ordered to be closed down under the orders passed by the Collector after having issued the show cause notices. It was also submitted that as far as illegal mining and the illegal operations of stone crushers were concerned the District Administration and the Mining Department have also initiated action in the matter. In the light of the above statement it was directed that the State should take steps for considering and evaluating the loss caused to the environment and the steps required to be taken for restoration of the environment and reforestation of the area for preventing illegal activities in future.

On 05.05.2015 Learned Counsel for the State submitted that the State had formulated the plan for figuring out the plantation work in the area. It is further stated that the cost of restoration has been determined at the rate of Rs. 5 lakhs per hectares. In the light of the above it was directed that the lessees and the quarry operators would deposit 50 per cent of the cost and the remaining 50 per cent shall be borne by the State as an interim direction the quarry owners and the stone crusher units were directed to deposit the amount of Rs. 1 lakh per hectares with the Registrar. However, Learned Counsel for the parties submitted that they may be allowed some time to consult with their clients with regard to the amount to be deposited. The said prayer made by the Learned Counsel for the Respondents No. 14 to 30 was allowed and time was ordered to be granted.

On 28.05.2015 after hearing the Learned Counsel for the Respondents it was directed that the Respondents No. 14 to 30 shall deposit an amount of Rs. 1 lakh. The Respondents in the meanwhile, also filed some applications for being exempted from depositing the aforesaid amount, however, those applications were rejected and orders were issued that the Respondents and other similarly situated mine lessees and stone crusher operators to whom closure notices had been given by the Collector were also to deposit the similar amount and all such persons found to be 33 in number were directed to deposit the amount of Rs. 1 lakh.

In the meanwhile, the State Forest Department had been directed to prepare a closure plan and also restoration plan for the Shankar Gadh and Jamgodrani hills in district Dewas.

On 09.02.2016 the forest officials of Dewas were directed to appear before this Tribunal and make their presentation with regard to the restoration plan.

On 08.03.2016 the SDO Forest, Shri S.L Yadav appeared with the plan and was directed to file the same along with an affidavit. He was further directed to hand over the copies of the same to the parties. It was brought to the notice of the Tribunal that out of 33 mining lease holders and stone crushers only 26 had deposited the amount of Rs. 1 lakh each. Counsel for the State was, therefore, directed to ascertain the names of the 7 persons so that the recovery could be made from such persons also.

Though, the Tribunal was keen that the restoration plan and the plan for the reforestation should be put into motion before the onset of the monsoon, however, the plan that was prepared was delayed on account of the lack of funds and the same could not be carried out.

On 05.09.2016, therefore, when the matter came up for consideration the Tribunal directed the Registry to release the amount that has been deposited by the 26 leaseholders and stone crusher operators but looking to the plan that was submitted before us the said amount appeared to be quite inadequate. Even, otherwise the monsoon period was also coming to close and therefore, the Forest Department was directed to approach the Finance Department for release of the funds and in case necessary send proposal for utilization of CAMPA funds that may be available in this behalf. It was reported that the cheques which have been submitted for an amount of Rs. 1 lakh had become invalid due to expiry of date and, therefore, needed to be revalidated.

It is in this background that the matter initially came up before us on 15.11.2016 where after hearing the Learned Counsel for the parties the only issue that remained was with regard to carrying out the restoration plan prepared by the Forest Department.

In the light of the above and looking to the fact that their mining leases and the permissions granted to the stone crushers have already been cancelled and a restoration plan for the area has been prepared, we would direct that restoration plan be put into operation as soon as possible in a phased manner as indicated therein. In so far as the funds are concerned it has already been directed vide our order dated 05.05.2015 that the mining leaseholder are required to pay an amount of Rs. 1 lakh per hectares. In the light of the above, we direct that since 50 per cent of the cost of the restoration plan has been ordered to be recovered from the owners of the stone crushers and the mining leases as held by us on 22.04.2015 and 50 per cent of the cost for restoration is required to be borne by the State which was revised to Rs. 5 lakh per hectares. In so far as the, stone crushers are concerned vide order dated 05.05.2015, initially they were directed to deposit an amount of Rs. 1 lakh per hectares each. The quarry leaseholders were also directed to deposit an amount of Rs. 1 lakh initially. Based upon the above we now direct that the amount of Rs. 5 lakhs by each mining leaseholder be deposited with the DFO Dewas at the rate of Rs. 1 lakh per hectares in the following manner:

(i) One installment of Rs. 2 lakhs be deposited by 31.01.2017 and subsequent installments of Rs. 1 lakh each subject to the upper limit of Rs. 5 lakhs per leasholder at the rate of Rs. 1. lakh per hectares by the last date of every calendar month.

So far as the, cheques submitted by 26 leaseholders are concerned as has been noticed hereinabove the expiry date for the validity of the cheques having expired the Registrar shall remit the same to the DFO be returned to the respective mining lease owners in consultation with the officer of Dewas. Other mining leaseholders who had not deposited the amount in terms of the order of the Tribunal shall also be liable to pay the said amount on similar terms.

It would be the duty of the Mining Officer to issue Notice to all the mining lease holders of Shankar Gadh and Jamgodrani area of Dewas whose mining leases have been cancelled and closed down to deposit the said amount in the manner that has been provided hereinabove. Similarly, the amount of Rs. 5 lakhs shall be deposited by each stone crusher owner / operator with the Mining Officer per stone crusher unit with the initial payment to be made of Rs. 2 lakhs on or before 31.01.2017 and the remaining installments of Rs. 1 lakhs each by the end of every month.

For recovery of the amount Notices shall be issued by the Mines Department. In case any of the parties fail to pay the amount in the aforesaid manner the District Collector Dewas shall issue recovery notices along with the notices orders for attachment of the property of the lessees / stone crusher owners / operators shall also be simultaneously issued.

We would direct that the State carry out the restoration plan as submitted before us and in a phased manner that has been submitted before us. The District Collector as well as the CCF Ujjain will be responsible for satisfactorily carrying out the restoration work in the affected areas.

With the aforesaid directions the Original Application No. 140/2013 stands disposed of along with the pending M.As. No. 402/15, 763/15, 49/16, 50/16, 168/16, 692/16 & 693/16.