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Judgment
Grievance in this application is against violation of environmental norms in operation of stone quarry at Porali Hill, village Kayanna, Koyilandy Taluk, Kozhikode District, Kerala. It is stated that the same abuts Reserved Forest and proposed eco-tourism spot and adversely affects the flora and fauna in the area. Loud noise of heavy machines like jackhammers and excavators along with sudden shocking blasting sound has spoiled the peaceful living atmosphere. The quarry is causing landslide threat as it is operating on a hillside. Geologically, the quarry is situated in the foot of a big hill of which a major portion is rock. A large quantity of rock has already been removed from the bottom of this hill structure and countless daily blasts make the hill vulnerable to landslides. As per studies conducted about landslides happening in similar landscapes, rain water will saturate to the soil and the weakened hill structure will slide down, devastating the area and lives. A minor landslide has already occurred in the area recently. Pollution of freshwater resources is resulting in water scarcity. Not only rock stones are extracted from the earth surface, large quantity of topsoil is also removed which is loosely heaped in the boundary of quarry owner’s land. It later spreads to shallow areas through rain water streams from the hill, spoiling fresh water sources like ponds and natural streams, which are sources of water for daily needs and farming. Due to the trembling shockwaves from the quarry mine blasting, building establishments are damaged. 53 home buildings, an AUP school building, a Christian church are the affected buildings. Building walls and wall plastering have been cracked, windows and door frames have come apart. Nirmala U.P School, Kattullamala, situated 400 meters away (air distance) from the quarry, is severely damaged due to the quarry mine blasting.
Vide order dated 30.3.2022, the Tribunal a sought factual and action taken report from Kerala State PCB, State Environment Impact Assessment Authority (SEIAA), Kerala and District Magistrate, Kozhikode District after undertaking site visit and coordinating with concerned stakeholders.
In pursuance of above, a report has been filed during the course of hearing to the effect that EC was granted by the District Environment Impact Assessment Authority (DEIAA) on 22.2.2018 in favour of M/s. U.T. Raveendran Quarry Unit Kayanna with validity upto 11.9.2028. During inspection cracks were found on the wall of the Althara of the Church, and also on the wall of the school. Observations and conclusion in the report are:
“7. General Observations (field level)
The following factual observations were made by the committee during the site inspection.
Major concern of the local people is that there is no specific schedule for blasting, and that warning alarms are not used during blasting.
Quarrying activities should be limited to day time as per KSPCB guidelines/specific conditions which is not complied with.
Earth removed during quarrying operations are stacked within the site without any protection wall. The stacked material is getting eroded to the nearby areas.
Overburden material is also stored in the buffer region, at higher altitudes. The height of the dump at several places are more than 8 meters with slope greater than 450.
Benches of the specific dimension are not seen in any of the active site of the quarry.
No garland drains with clarifiers are provided along the lower slopes around the quarry area to channelize and filter the storm water.
Transportation of minerals should be done in covered trucks to contain dust emissions which is not complied with.
The access roads to the quarry shall be tarred or concreted to contain dust emission that may arise during transportation of materials, which is not complied with.
No permanent installations for dust control or sprinklers are noticed in the project site, which can contribute to increased dust emission during blasting, transportation, loading activities.
The limited patch of natural vegetation adjacent to the lease area was noted to be distributed. No effort for planting of trees at the project site, or compensatory afforestation practice has been noticed.
During the inspection, the team visited the houses of the three complainants, in addition to the visit to the church and the nearby school. The physical damages to buildings and properties are recorded. Field photographs are attached herewith and marked as Annexure (8).
Individual as well as group discussions are held. Their complaints are mostly concerned with the damages to buildings, erratic blasting time, noise pollution, dust pollution, and siltation in agricultural areas.
A comprehensive report regarding the observations is prepared and on the Environmental Clearance violations observed at the project site. A copy of the report is produced herewith for detailed reference and marked as Annexure (9).
CONCLUSION
Considering the apprehensions of the complainants and the general public and in light of EC violations noticed at the site, as described in the report submitted by the SEIAA member, the following measures are suggested by the Joint Committee, for further functioning of the quarry owned by Sri. U.T. Raveendran, under re survey no. 28/1, Cherukad Desom, Kayanna Village, Koyilandy Taluk, Kozhikode District, Kerala.
The impact of the project is appreciably adverse. The proponent should rectify all the EC violations as mentioned in the general observations listed above, ahead of further mining activities.
The proponent should strictly adhere to the instruction out lined in the letter no. DOZ/M2929/17 dated 22.12.2020 of the District Geologist, regarding renewal of quarrying lease-D&O license.”
From the above, it is seen that EC has not been granted by SEIAA in terms of judgment of the Hon’ble Supreme Court inter-alia in Deepak Kumar v. State of Haryana & Ors., (2012) 4 SCC 629 and judgment of this Tribunal dated 13.09.2018 inter-alia in O.A. No. 186/2016, Satendra Pandey vs. MoEF&CC & Anr. Further, inspite of acknowledged violations of the EC conditions, no remedial action has been taken for cancellation of EC/consents, recovery of compensation for past violations and stopping future violations.
Accordingly, the State PCB may take remedial measures, including suspension of mining till compliance of norms, following due process of law. State PCB and District Magistrate, Kozhikode District and SEIAA may assess and recover compensation for the past violations, as per law.
The Project Proponent is at liberty to move this Tribunal, if aggrieved by the above order.
The application is disposed of.
A copy of this order be forwarded to SEIAA, Kerala, State PCB, District Magistrate, Kozhikode District and the Project Proponent by e-mail for compliance.