Sou Pushpa Shivaji Powar vs Commisioner And Ors

1) Heard. Perused record.

2) The Applicant is seeking ban on illegal mining activities carried out by Respondent Nos.11 to 18 at Gat NO.520 and 565/a of village Top, Tal. Hatkanangle, District-Kolhapur.

3) Upon completion of the pleadings, the parties were directed to file their written submissions vide order dated 21st March, 2017. Sufficient opportunities to file written submissions were granted from time to time. Accordingly, the Applicant and Respondent No.1 filed their written submissions. We have also before us Mr. Nitesh Shivaji Nalawade who submits that he is representing Respondent Nos.10 to 18 and these Respondents have placed on record their replies and the relevant material which may be considered as their submissions in the present case.

4) Grievance is made regarding illegal mining being carried out at land bearing Gat Nos.520 and 565 at village Top, Tal Hatkanangle, District Kolhapur a 'Gurucharan land' allotted to Respondent no.1-the Commissioner, Kolhapur Municipal Corporation, Kolhapur to establish and run MSW Processing plant.

5) Respondent No.1-the Commissioner, Municipal Corporation, Kolhapur, Respondent No.7-the Superintendent of Police, Kolhapur, Respondent No.8 The Police Inspector, MIDC Shiroli Police Station, Respondent No.9-The Sarpanch/Gramsevak, village Top, Respondent No.10-Shri Rangrao Damodar Bhosale and Respondent No.11 to 18 have filed their replies resisting the present Application. The Applicant has also filed rejoinder to the replies.

6) Respondent No.10 to 18 have virtually filed identical replies questioning locus-standii of the Applicant. The Applicant in its rejoinder revealed that she is residing at a distance about 15 ft. near the land where illegal mining activities are being carried out. It is her case that the Collector, Kolhapur had handed over the possession of said land to Respondent No.1-Commissioner, Kolhapur Municipal Corporation for MSW Management Programme and it was incumbent upon the Respondent No.1 to utilise the same for the purpose for which such land was allotted but the land was/is being exploited for illegal stone mining by the Respondent Nos.10 to 18 and the mining activities thus carried out, disturb the peace with blasting and pollute the air/environment with dust and obnoxious gases. The Applicant therefore, has every reason to be aggrieved by the alleged mining activities and therefore, she has a locus-standii in the present proceedings and is, thus, entitled to maintain this Application by virtue of the provisions of Section 18 of the National Green Tribunal Act, 2010. From the reading of the facts before us and the provisions of Section 18 of the National Green Tribunal Act, 2010, we have no hesitation in holding that the Applicant has a locus-standii in the present proceedings; and being aggrieved person as contended by her, she is competent to initiate and prosecute the present Application.

7) Respondent No.1-Kolhapur Municipal Corporation admits that the land in question was allotted by the Government for establishing the MSW plant. However, nothing is revealed from its reply as regards the steps taken by the Corporation so far to establish such plant at the site in question. The reply merely reveals that the Security Guards have been appointed to check the illegal activities of stone mining. Nonetheless, we find from the rival pleadings that there have been instances of clandestine mining at the said spot and criminal complaints/cases have been lodged and Vehicles/machineries used in such crimes confiscated by the MIDC Police Station, Shiroli, and the criminal cases are pending for adjudication before the competent Court of criminal jurisdiction. Photographs on record also reveal the merit in the allegation that there has been illegal stone mining at the site in question.

8) Reply-affidavits of Respondent No.1 to 6 reveal admission of the fact that illegal activities of stone mining was noticed and action to curb the mischief was taken by the administration in as much as the road leading to the quarry/mining site was blocked with the heap of stones and concerned persons were fined to the tune of Rs.12,47,000/- (Rs. twelve lakhs forty seven thousand). It also speaks about the registration of crimes against the concerned persons. However, the reply asserts that presently there is no illegal mining activities being conducted at the said land.

9) The Applicant and Respondent Nos.10 to 18 have raised the dust of allegations and counter allegations against each other about illegal stone mining and other criminal activities. However, a fact remains that the land in question is or is likely to be exploited by the mischief mongers for illegal stone mining and this calls for necessary directions to protect the environment.

10) We, therefore, direct :

1) There shall be no illegal stone mining at Gut No. Gat No.520 and 565 of village Top, Tal. Hatkanangle, District-Kolhapur.

2) Respondent No.1-Commissioner, Kolhapur Municipal Corporation shall keep adequate security at the said land to prevent the same being used contrary to the use for which it was allotted to the Kolhapur Municipal Corporation, Kolhapur subject to the final order passed by the Hon'ble Supreme Court of India in Civil Appeal No. 8360/2015 preferred by the Respondent No.9-Village Panchyat, village Top against the order dated 7th July 2015 passed by this Tribunal in Application NO.60(THC)/2014.

3) We direct the Respondent No.2-Collector, Kolhapur and his subordinates Respondent No.3-Sub Division Officer, Respondent NO.4-Tahsildar,Respondent No.5-Circle Officer, Vadgaon, Respondent No.6-Talathi, Village Top to keep vigil to ensure that no illegal stone mining is carried out at the said land. Respondent No.7-Superintendent of Police and Respondent No.8-Police Inspector, MIDC Shiroli is directed to give necessary assistance to the Respondent Nos.1 to 6 in enforcing the directions of this Tribunal.

4) Anyone found carrying illegal stone mining at the said land, shall be liable to pay environmental compensation of Rs.5,00,000/- (Rs. five lakhs) or any amount as may be decided by this Tribunal. Vehicle/machinery found used in such clandestine stone mining at the said site shall be confiscated and shall not be released without the approval of this Tribunal.

5) We direct the Respondent No.2-Collector, Kolhapur and Respondent No.7-Superintendent of Police, Kolhapur or anyone of them to file case/s for environmental compensation before this Bench against the person/s indulging in illegal stone mining at the said land within a fortnight upon detection of such activities with notice of such case to the concerned person/s.

6) Environmental compensation shall be in addition to the fine or penalty imposed on such persons by the Criminal Court.

11) The Application No.20/2016 stands disposed of accordingly with no order as to costs.