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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27 .06.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.Nos.269 & 2705 of 2019
and WMP Nos.288 & 2960 of 2019
WP No.269 of 2019
S.Dakshnamurthy .. Petitioner
Vs.
1. The Chief Secretary,
Government of Tamil Nadu,
Secretariat, Chennai - 600 009.
2. The Principal Secretary,
Government of Tamil Nadu,
Public Work Department (WRO),
Secretariat, Chennai - 600 009.
3. The Principal Secretary,
Government of Tamil Nadu,
Mines and Minerals,
Secretariat,
Chennai - 600 009.
4. The Principal Secretary,
Government of Tamil Nadu,
Pollution and Environmental Control Department,
Secretariat,
Chennai - 600 009.
5. The Principal Secretary cum
Commissioner Revenue Administration,
Revenue Department,
Government of Tamil Nadu,
Chennai - 600 009.
http://www.judis.nic.in
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6.The Principal Secretary, Government of Tamil Nadu,
District Rural Development Authority,
Chennai - 600 009.
7. The District Collector,
Office of the Collectorate,
Cuddalore.
8. The District Collector,
Office of the Collectorate,
Villupuram.
9. The Sub Collector,
Cuddalore.
10. The Tahsildar,
Panruti Taluk,
Cuddalore District.
11. The Assistant Geologist,
Office of the Dy. Director,
Geology and Mining,
Cuddalore.
12. The Executive Engineer,
TWAD Board,
Cuddalore.
13. The Executive Engineer,
Sand Mining and Monitoring Division,
Villupuram.
14. The Assistant Engineer (PWD) (WRO)
Mining and Monitoring Division-II,
Cuddalore.
15. The Superintendent of Police,
Office of the Superintendent,
Cuddalore.
16. The Village Administrative Officer,
Enathirimangalam Village,
Cuddalore.
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.. Respondents
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Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
issuance of a Writ of certiorarified mandamus, to call for the records pertaining
to the impugned order passed by the 7th respondent sanctioned sand quarry in
R.C.No.100/Mines/Cuddalore/2018 dated 07.04.2018 and quash the same with a
direction to the respondents to restore the southpennaiyar river by in nature
and avoid future sand quarry in the locality.
For Petitioner : Mr.P.Wilson, Sr. Counsel
for Mr.N.Manimaran
For Respondents : Mr.E.Manoharan,
(for R1 to R3, R5, R7 to R11 and R13 to 16)
Additional Government Pleader
Mr.C.Kasirajan (for R4)
Spl. Government Pleader.
No appearance (for R12)
WP No.2705 of 2019
C.Thangarasu .. Petitioner
Vs.
1. The Union of India,
Rep. by its Secretary,
Ministry of Environment Forest
& Climate Change,
Indira Prayavaran Bhawan,
Jor Bagh Road,
New Delhi - 110 003.
2. The Government of Tamil Nadu,
Rep. by its Chief Secretary,
Secretariat, St.George Fort,
Chennai- 600 009.
3. The Director,
Department of Environment,
Ground Floor, Panagal Buildings,
1, Jeenis Road, Saidapet,
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Chennai - 600 015.
4. The District Collector,
Office of the Collectorate,
Cuddalore.
5. The Chair Person,
State Environment Impact Assessment Authority,
Ground Floor, Panagal Buildings,
1, Jeenis Road, Saidapet,
Chennai - 600 015.
6. The Chair Person,
District Level Environment Impact
Assessment Authority,
District Collectorate, Cuddalore District.
7. The Deputy Director,
Geology and Mining,
Cuddalore.
8. The Executive Engineer,
Public Works Department,
Water Resources Department,
Mining and Monitoring Division,
Villupuram.
9. The Superintendent of Police,
Office of the Superintendent,
Cuddalore. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
issuance of a Writ of certiorari, to call for the records pertaining to the
impugned order passed by the 4th respondent sanctioned sand quarry in
R.C.No.100/Mines/Cuddalore/2018 dated 07.04.2018 and quash the same.
For Petitioner : Mr.G.Murugendran
For Respondents : Mr.V.Chandrasekaran (for R1 & R5)
Senior Panel Counsel
http://www.judis.nic.in Mr.E.Manoharan,
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(for R2, R4, R7 to R10)
Additional Government Pleader
ORDER
(Order of this Court was made by SUBRAMONIUM PRASAD, J.) These two public interest litigations, have been filed challenging the order dated 07.04.2018, passed by the District Collector, Cuddalore, in R.C.No.100/Mines/Cuddalore/2018 dated 07.04.2018, permits quarrying of sand in Thenpenniyar river bed in SF No.1/3(P) over an extent of 4.80.0 Hectare out of 150.88.0 hectare in Enathirmangalam Village, Panruti Taluk, Cuddalore District. The pleadings in both the writ petitions are more or less similar. since the relief claimed and the pleadings are similar they were tagged and being heard together.
2. The petitioners would contend that Thenpenniyar river is primarily a dry river and gets water only during monsoon. According to the petitioners, the water level in the river is going down, year after year. The petitioners would state that the impugned order, which is under challenge in these writ petitions, granting permission to quarry sand, has been granted without obtaining proper environmental clearance.
3. The petitioners submitted that the Hon'ble Supreme Court in Deepak Kumar and Ors. Vs. State of Haryana and Ors, reported in 2012(4) SCC 629 has categorically held that all projects for mining, even if it is less than 5 http://www.judis.nic.in 6 hectares, environmental clearance has to be obtained. According to the petitioners, the impugned order passed by the Collector is in violation of the judgment of the Hon'ble Supreme Court in Deepak Kumar's case. The petitioners state that quarrying operations will causing havoc to the environment. The petitioners state that the operations must be stopped immediately for want of environmental clearance.
4. Notice was issued in these writ petitions.
5. The Ministry of Environment and Forest, issued notification dated 14.09.2006, by invoking powers conferred under sub-section (1) clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, read with clause (d) sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986.
Clause Nos.2, 4, 7(i), 7(iii) of the abovesaid rules and 1(a) of the Schedule to the Environment (Protection) Rules, 1986 are extracted hereunder.
2.Requirements of prior Environmental Clearance (EC):- The following projects or activities shall require prior environmental clearance from the concerned regulatory authority, which shall hereinafter referred to be as the Central Government in the Ministry of Environment and Forests for matters falling under Category 'A' in the Schedule and at State level the State Environment Impact Assessment Authority (SEIAA) for matters falling under Category 'B' in the said Schedule, before any construction work, or preparation of land by the project management except for securing the land, is started on the project or activity:
(i) All new projects or activities listed in the Schedule to this notification;
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(ii) Expansion and modernization of existing projects or activities listed in the Schedule to this notification with addition of capacity beyond the limits specified for the concerned sector, that is, projects or activities which cross the threshold limits given in the Schedule, after expansion or modernization;
(iii) Any change in product - mix in an existing manufacturing unit included in Schedule beyond the specified range.
4.Categorization of projects and activities:-
(i) All projects and activities are broadly categorized in to two categories
- Category A and Category B, based on the spatial extent of potential impacts and potential impacts on human health and natural and man made resources.
(ii) All projects or activities included as Category ‘A’ in the Schedule, including expansion and modernization of existing projects or activities and change in product mix, shall require prior environmental clearance from the Central Government in the Ministry of Environment and Forests (MoEF) on the recommendations of an Expert Appraisal Committee (EAC) to be constituted by the Central Government for the purposes of this notification;
iii) All projects or activities included as Category ‘B’ in the Schedule, including expansion and modernization of existing projects or activities as specified in sub paragraph (ii) of paragraph 2, or change in product mix as specified in sub paragraph (iii) of paragraph 2, 'but excluding those which fulfill the General Conditions (GC) stipulated in the Schedule, will require prior environmental clearance from the State/Union territory Environment Impact Assessment Authority (SEIAA). The SEMA shall base its decision on the recommendations of a State or Union territory level Expert Appraisal Committee (SEAC) as to be constituted for in this notification. In the absence of a duly constituted SEIAA or SEAC, a Category ‘B’ project shall be treated as a Category ‘A’ project;
Stages in the Prior Environmental Clearance (EC) Process for New Projects:-
7(i) The environmental clearance process for new projects will http://www.judis.nic.in comprise of a maximum of four stages, all of which may not apply to 8 particular cases as set forth below in this notification. These four stages in sequential order are:-
Stage (1) Screening (Only for Category ‘B’ projects and activities) Stage (2) Scoping Stage (3) Public Consultation Stage (4) Appraisal I. Stage (1) - Screening:
In case of Category ‘B’ projects or activities, this stage will entail the scrutiny of an application seeking prior environmental clearance made in Form 1 by the concerned State level Expert Appraisal Committee (SEAC) for determining whether or not the project or activity requires further environmental studies for preparation of an Environmental Impact Assessment (ELA) for its appraisal prior to the grant of environmental clearance depending up on the nature and location specificity of the project . The projects requiring an Environmental Impact Assessment report shall be termed Category ‘Bl’ and remaining projects shall be termed Category ‘B2’ and will not require an Environment Impact Assessment report. For categorization of projects into Bl or B2 except item 8 (b), the Ministry of Environment and Forests shall issue appropriate guidelines from time to time.
II. Stage (2) - Scoping:
(i) “Scoping”: refers to the process by which the Expert Appraisal Committee in the case of Category ‘A’ projects or activities, and State level Expert Appraisal Committee in the case of Category ‘Bl’ projects or activities, including applications for expansion and/or modernization and/or change in product mix of existing projects or activities, determine detailed and comprehensive Terms Of Reference (TOR) addressing all relevant environmental concerns for the preparation of an Environment Impact Assessment (EIA) Report in respect of the project or activity for which prior environmental clearance is sought. The Expert Appraisal Committee or State level Expert Appraisal Committee concerned shall determine the Terms of Reference on the basis of the information furnished in the prescribed application Forml/Form 1A including Terns of Reference proposed by the applicant, a site visit by a sub- group of Expert Appraisal http://www.judis.nic.in Committee or State level Expert Appraisal Committee concerned only if 9 considered necessary by the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned, Terms of Reference suggested by the applicant if furnished and other information that may be available with the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned. All projects and activities listed as Category ‘B’ in Item 8 of the Schedule (Construction/Township/Commercial Complexes /Housing) shall not require Scoping and will be appraised on the basis of Form 1/ Form 1A and the conceptual plan.
(ii) The Terms of Reference (TOR) shall be conveyed to the applicant by the Expert Appraisal Committee or State Level Expert Appraisal Committee as concerned within sixty cays of the receipt of Form 1. In the case of Category A Hydroelectric projects Item 1(c) (i) of the Schedule the Terms of Reference shall be conveyed along with the clearance for pre- construction activities .If the Terms of Reference are not finalized and conveyed to the applicant wninn sixty days of the receipt of Form 1, the Terms of Reference suggested by the applicant shall be deemed as the final Terms of Reference approved for the EIA studies. The approved Terms of Reference shall be displayed on the website of the Ministry of Environment and Forests and the concerned State Level Environment Impact Assessment Authority.
(iii) Applications for prior environmental clearance may be rejected by the regulatory authority concerned on the recommendation of the EAC or SEAC concerned at this stage itself. In case of such rejection, the decision together with reasons for the same shall be communicated to the applicant in writing within sixty days of the receipt of the application.
III. Stage (3) - Public Consultation:
(i) “Public Consultation” refers to the process by which the concerns of local affected persons and others who have plausible stake in the environmental impacts of the project or activity are ascertained with a view to taking into account all the material concerns in the project or activity design as appropriate. All Category ‘A’ and Category Bl projects or activities shall undertake Public Consultation, except the following:-
(a) modernization of irrigation projects (item 1(c) (ii) of the Schedule).
http://www.judis.nic.in (b) all projects or activities located within industrial estates or parks (item 10 7(c) of the Schedule) approved by the concerned authorities, and which are not disallowed in such approvals.
(c) expansion of Roads and Highways (item 7 (f) of the Schedule) which do not involve any further acquisition of land.
(d) all Building /Construction projects/Area Development projects and Townships (item 8).
(e) all Category ‘B2’ projects and activities.
(f) all projects or activities concerning national defence and security or involving other strategic considerations as determined by the Central Government.
(ii) The Public Consultation shall ordinarily have two components comprising of:-
(a) a public hearing at the site or in its close proximity- district wise, to be carried out in the manner prescribed in Appendix IV, for ascertaining concerns of local affected persons;
(b) obtain responses in writing from other concerned persons having a plausible stake in the environmental aspects of the project or activity.
(c) the public hearing at, or in close proximity to, the site(s) in all cases shall be conducted by the State Pollution Control Board (SPCB) or the Union territory Pollution Control Committee (UTPCC) concerned in the specified manner and forward the proceedings to the regulatory authority concerned within 45(forty five ) of a request to the effect from the applicant.
(iv) in case the State Pollution Control Board or the Union territory Pollution Control Committee concerned does not undertake and complete the public hearing within the specified period, and/or does not convey the proceedings of the public hearing within the prescribed period directly to the regulatory authority concerned as above, the regulatory authority shall engage another public agency or authority which is not subordinate to the regulatory authority, to complete the process within a further period of forty five days,.
(v) If the public agency or authority nominated under the sub paragraph (iii) above reports to the regulatory authority concerned that owing to the local situation, it is not possible to conduct the public hearing in a manner which http://www.judis.nic.in will enable the views of the concerned local persons to be freely expressed, it 11 shall report the facts in detail to the concerned regulatory authority, which may, after due consideration of the report and other reliable information that it may have, decide that the public consultation in the case need not include the public hearing.
(vi) For obtaining responses in writing from other concerned persons having a plausible stake in the environmental aspects of the project or activity, the concerned regulatory authority and the State Pollution Control Board (SPCB) or the Union territory Pollution Control Committee (UTPCC) shall invite responses from such concerned persons by placing on their website the Summary EIA report prepared in the format given in Appendix IIIA by the applicant along with a copy of the application in the prescribed form , within seven days of the receipt of a written request for arranging the public hearing . Confidential information including non-disclosable or legally privileged information involving Intellectual Property Right, source specified in the application shall not be placed on the web site. The regulatory authority concerned may also use other appropriate media for ensuring wide publicity about the project or activity. The regulatory authority shall, however, make available on a written request from any concerned person the Draft EIA report for inspection at a notified place during normal office hours till the date of the public hearing. All the responses received as part of this public consultation process shall be forwarded to the applicant through the quickest available means.
(vii) After completion of the public consultation, the applicant shall address all the material environmental concerns expressed during this process, and make appropriate changes in the draft EIA and EMP. The final EIA report, so prepared, shall be submitted by the applicant to the concerned regulatory authority for appraisal. The applicant may alternatively submit a supplementary report to draft EIA and EMP addressing all the concerns expressed during the public consultation.
IV. Stage (4) - Appraisal:
(i) Appraisal means the detailed scrutiny by the Expert Appraisal Committee or State Level Expert Appraisal Committee of the application and other documents like the Final EIA report, outcome of the public consultations including public hearing proceedings, submitted by the applicant to the http://www.judis.nic.in regulatory authority concerned for grant of environmental clearance. This 12 appraisal shall be made by Expert Appraisal Committee or State Level Expert Appraisal Committee concerned in a transparent manner in a proceeding to which the applicant shall be invited for furnishing necessary clarifications in person or through an authorized representative. On conclusion of this proceeding, the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned shall make categorical recommendations to the regulatory authority concerned either for grant of prior environmental clearance on stipulated terms and conditions, or rejection of the application for prior environmental clearance, together with reasons for the same.
(ii) The appraisal of all projects or activities which are not required to undergo public consultation, or submit an Environment Impact Assessment report, shall be carried out on the basis of the prescribed application Form 1 and Form 1A as applicable, any other relevant validated information available and the site visit wherever the same is considered as necessary by the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned.
(iii) The appraisal of an application be shall be completed by the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned within sixty days of the receipt of the final Environment Impact Assessment report and other documents or the receipt of Form 1 and Form 1 A, where public consultation is not necessary and the recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee shall be placed before the competent authority for a final decision within the next fifteen days. The prescribed procedure for appraisal is given in Appendix V ;
7(ii). Prior Environmental Clearance (EC) process for Expansion or Modernization or Change of product mix in existing projects:
All applications seeking prior environmental clearance for expansion with increase in the production capacity beyond the capacity for which prior environmental clearance has been granted under this notification or with increase in either lease area or production capacity in the case of mining projects or for the modernization of an existing unit with increase in the total production capacity beyond the threshold limit prescribed in the Schedule to this notification through change in process and or technology or involving a change in the product -mix shall be made in Form I and they shall be considered by the concerned Expert Appraisal Committee or State Level http://www.judis.nic.in Expert Appraisal Committee within sixty days, who will decide on the due 13 diligence necessary including preparation of EIA and public consultations and the application shall be appraised accordingly for grant of environmental clearance.
SCHEDULE LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE Project or Category with threshold limit Conditions if any Activity A B Mining, extraction of natural resources and power generation 1 (for a specified production capacity) I (1) (2) (3) (4) (5) 1(a) Mining of > 50 ha. of <50 ha minerals mining lease > 5 ha .of mining General Condition area shall apply lease area.
Note
Asbestos mining
Mineral prospecting (not
irrespective of
involving drilling) are
mining area
exempted provided the
concession areas have got
previous clearance for
physical survey
6. Government of India have issued an office memorandum dated 18.05.2012, which is after the judgment of the Hon'ble Supreme Court in Deepak Kumar's case. The judgment of the Hon'ble Supreme Court is dated 27.02.2012. Official Memorandum dated 18.05.2012, reads as under.
No. L-11011/47/2011-IA.II(M) Government of India Ministry of Environment & Forests Paryavaran Bhavan, C.G.O. Complex, Lodi Road, New Delhi-110003.
Telefax: 24362434 Dated the 18th May, 2012 OFFICE MEMORANDUM http://www.judis.nic.in Sub: Order of Hon'ble Supreme Court dated 27.2.2012 in I.A. no. 12- 13 14 of 2011 in SLP (C) no. 19628-19629 of 2009 in the matter of deepak Kumar etc. Vs State of Haryana and Ors. - Implementation thereof - Regarding.
Reference Is Invited to the above mentioned order of the Hon'We Supreme Court directing inter-alia as under:
"We in the meanwhile, order that leases of minor mineral including their renewal for an area of less than 5 ha be granted by the States / UTs only after getting environmental clearance from the MoEF."
2. The Environment Impact Assessment (EIA) Notification, 2006, as amended, requires mining projects (new projects, expansion or modernization of existing projects as also at the stage of renewal of mine lease) with lease area of 5 ha and above, irrespective of the mlqeral (major or minor) to obtain prior environment clearance under the provisions thereof. Mining projects with lease area of 5 ha and above and less than 50 ha are categorized as category 'B' whereas projects with lease area of 50 ha and above are categorized as category 'A'. The category 'A' projects are considered at the central level in the Ministry of Environment & Forests while category projects are considered by the respective State/UT Level Environment Impact Assessment Authority, notified by MoEF under the EIA Notification, 2006.
3. In order to ensure compliance of the above referred order of the Hon'We Supreme Court dated 27.2.2012, it has now been decided that all mining projects of minor minerals including their renewal, irrespective of the size of the lease would henceforth require prior environment clearance. Mining projects with lease area upto less than 50 ha including projects of minor mineral with lease area less than 5 ha would be treated as category 'B' as defined in the EIA Notification, 2006 and will be considered by the respective SFIAAs notified bv MoEF and following the procedure prescribed under EIA Notification, 2006.
4. Further, the Hon'ble Supreme Court in its order dated 16.4.2012 in the above mentioned matter and the linked applications has observed as under: "All the same, liberty is granted to the applicants before us to approach the Ministry of Environment and Forests for permission to carry on mining below five hectares and in the event of which Ministry will dispose of all the applications within ten days from the date of receipt of the applications in accordance with law."
Accordingly, the respective SEIAAs in dealing with the applications of the applicants referred to In the above mentioned order shall ensure that the directions of the Hon'ble Supreme Court are effectively complied with and the applications of such applicants are disposed of within the time limit prescribed by the Hon'ble Court in accordance with law.
This issues with the approval of the Competent Authority. http://www.judis.nic.in 15 Sd/-
(Dr. S.K. Aggarwal) Director
7. On 24.12.2013, Government of India have issued another official memorandum. The relevant portion of the memorandum reads as hereunder.
No. J-13012/12/2013-IA-l I (I) Government of India Ministry of Environment and Forests Paryavaran Bhawan CGO Complex, Lodhi Road New Delhi -110 003 Dated 24th December, 2013 OFFICE MEMORANDUM Subject: Guidelines for consideration of proposals for grant of environmental clearance Environmental Impact Assessment (EIA) Notification, 2006 and its amendments - regarding categorization of Category ‘B’ projects/activities into Category ‘B1 & B2' The EIA Notification, 2006 mandates prior Environmental Clearance (EC) for new projects or activities including expansion, or modernization of existing projects listed in its Schedule. The Category ‘A’ projects shall obtain EC from the Central Government and Category 'B’ projects from the concerned State Level Environment Impact Assessment Authority (SElAA)/Union Territory Environment Impact Assessment Authority (UTEIAA). The EIA Notification, 2006 prescribes that Category ‘B’ projects, will be further categorized as category ‘B1 and ‘B2’ (except for Township and Area Development Projects) for which the Ministry of Environment & Forests (MoEF) shall issue appropriate guidelines from time to time - provisions under ‘7.1 Stage(1)-Screening' of the Notification refer. The projects categorized as B1 will require EIA Report for appraisal and to undergo public consultation process (as applicable). Projects categorized as ‘B2’ will be appraised based on the application in Form-I accompanied with the Pre-feasibility Report and any other documents. http://www.judis.nic.in 16
2. In compliance with such a requirement under the EIA Notification and to examine other issues, the MoEF had constituted vide O.M No. J- 11013/12/2013-IA-II(I) dated 30.01.2013, an Expert Committee, under the Chairmanship of Director, NEERI, Nagpur. The Committee has since submitted its report. The recommendations of the Committee have been examined by MOEF and the following has been decided w.r.t. categorization of Category ‘B’ projects/activities into Category ‘B1' & ’B2’ listed in the Schedule of EIA Notification, 2006 and its amendments: I. Mining of Minerals Mining of minor minerals As of now, mining projects of minor minerals with less than 50 ha of mining lease area are categorized as Category ‘B’ as per Notification S.0.2731(E) dated 9th September, 2013. Also vide OM No.L-11011/47/2011- IA.fl(M) dated 24.06.2013, guidelines have been issued regarding categorization of mining projects of 'brick earth’ and ‘ordinary earth’ having lease area less than 5 ha as category ‘B2’ subject to stipulations stated therein.
In the above backdrop, the projects of mining of minor minerals, categorized as Category 'B’ are hereby categorized as ’B2’ as per the following:
(i) ‘Brick earth’ / ’Ordinary earth’ mining projects having lease area less than 5 ha will be considered for granting EC as per the aforesaid guidelines issued by MOEFon 24.6.2013.
(ii) ‘Brick earth’ / ‘Ordinary earth’ mining projects with mining lease area >=5 ha but < 25 ha and all other minor mineral mining projects with mining lease area <25 ha, except for river sand mining projects will be appraised as Category 'B2’ projects. These projects will be appraised based on following documents:
(a) Form -1 as per Appendix-I under EIA Notification, 2006
(b) Pre-feasibility report of the project
(c) Mining plan approved by the authorized agency of the concerned State Government Provided, in case the mining lease area is likely to result into a http://www.judis.nic.in cluster situation, i.e., if the periphery of one lease area is less than 500 m 17 from the periphery of another lease area and the total lease area equals or exceeds 25 ha, the activity shall become Category ‘B1’ Project under the EIA Notification, 2006. In such a case, mining operations in any of the mine lease areas in the cluster will be allowed only if the environmental clearance has been obtained in respect of the cluster.
(iii) No river sand mining project, with mine lease area less than 5 ha, may be considered for granting EC. The river sand mining projects with mining lease area >=5 ha but < 25 ha will be categorized as ‘B2’. In addition to the requirement of documents, as brought out above under sub-para (ii) above for appraisal, such projects will be considered subject to the following stipulations:
(a) The mining activity shall be done manually.
(b) The depth of mining shall be restricted to 3m/water level, whichever is less.
(c) For carrying out mining in proximity to any bridge and/or embankment, appropriate safety zone shall be worked out on case to case basis to the satisfaction of SEAC/SEIAA, taking into account the structural parameters, locational aspects, flow rate, etc., and no mining shall be carried out in the safety zone so worked out.
(d) No in stream mining shall be allowed
(e) The mining plan approved by the authorized agency of the State Government shall inter-alia include study to show that the annual replenishment of sand in the mining lease area is sufficient to sustain the mining operations at levels prescribed in the mining plan and that the transport infrastructure is adequate to transport the mines material. In case of transportation by road, the transport vehicles will be covered with taurpoline to minimize dust/sand particle emissions.
(f) EC will be valid for mine lease period subject to a ceiling of 5 years.
Provided, in case the mining lease area is likely to result into a cluster situation i.e. if the periphery of one lease area is less than 1 km from the periphery of another lease area and total lease area equals or exceeds 25 ha, the activity shall become Category ‘B1’ Project under the EIA Notification, 2006. In such a case, mining operations in any of the mine http://www.judis.nic.in lease areas in the cluster will be allowed only if the environmental 18 clearance has been obtained in respect of the cluster.
8. On 15.01.2016, the Ministry of Environment and Forest has issued an amendment to the Environment Impact Assessment Notification, 2006. The said amendments which are necessary for the present case, are hereunder.
3 A. District Level Environment Impact Assessment Authority:- (1) A District Level Environment Impact Assessment Authority hereinafter referred to as the DEIAA shall be constituted by the Central Government under sub-section (3) of section 3 of the Environment (Protection) Act. 1986 comprising of four members including a Chairperson and a Member-Secretary. (2) The District Magistrate or District Collector shall be the Chairperson of the DEIAA.
(3) The Sub-Divisional Magistrate or Sub-Divisional Officer of the district head quarter of the concerned district of the Slate shall be the Member-Secretary of the DEIAA.
(4) The other two members of the DEIAA shall be the senior most Divisional Forest Officer and one expert. The expert shall be nominated by the Divisional Commissioner of the Division or Chief Conservutor of Forest, as the case may be. The term and qualifications of the expert fulfilling the eligibility criteria arc given in Appendix VII to this notification. (5)The members of the DEIAA who are serving officers of the concerned State Government or the Union territory Administration shall be ex-officio members except the expert member.
(?) The District Level Expert Appraisal Committee hereinafter referred to as the DEAC shall comprise of eleven members, including a Chairman and a Member- Secretary.
(7) The senior most Executive Engineer, Irrigation Department in the district of respective State Governments or Union territory Administration shall be the Chairperson of the DEAC.
(8) The Assistant Director or Deputy Director of the Department of Mines and Geology or District Mines Officer or Geologist of the district shall be the Member-Secretary of the DEAC in that order.
http://www.judis.nic.in (9) A representative of the State Pollution Control Board or Committee, senior 19 most Sub-Divisional Officer (Forest) in the district, representative of Remote Sensing Department or Geology Department or Slate Ground Water Department, one occupational health expert or Medical Officer to be nominated by the District Magistrate or District Collector, Engineer from Zila Parishad, and three expert members to be nominated by the Divisional Commissioner or Chief Conservator of Forest, as the case may be, shall be the other members of the DEAC. The term and qualifications of the experts fulfilling the eligibility criteria are given in Apoendix VII to this notification. (10) The members of the DEAC who arc serving officers of the concerned State Government or the Union territory Administration shall be ex-officio members except the expert members.
(11)The District Magistrate or District Collector shall notify an agency to act as Secretariat for the DEIAA and the DEAC and shall provide all financial and logistic support for their statutory functions. (12) The DEIAA and DEAC shall exercise the powers and follow the procedure as specified in the said notification, as amended from time to time. (13)The DEAC shall function on the principle of collective responsibility and the Chairman shall endeavor to reach a consensus in each case and if consensus cannot be reached, the view of the majority shall prevail.
9. On 20.01.2016 another notification was issued which reads as under:-
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 20th January, 2016 S.O.190(E).—In exercise of the powers conferred by sub-section (3) of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986) and in pursuance of the notification of the Government of India in the erstwhile Ministry of Environment and Forest number S.O. 1533 (E), dated the 14th September 2006 (hereinafter referred to as the said notification), the Central Government hereby constitutes the District Level Environment Impact Assessment Authority (DEIAA), for grant of environmental clearance for Category ‘B2’ Projects for mining of minor minerals, for all the districts in the country (hereinafter referred to as Authority for the districts) comprising of the following members, namely:— http://www.judis.nic.in 20
1. District Magistrate or District Collector of the district — Chairperson
2. Senior most Divisional Forest Officer in the district — Member
3. An expert member to be nominated by the Divisional Commissioner or Chief Conservator of the Forest — Member
4. Sub-Divisional Magistrate or Sub-Divisional Officer of the district head quarter — Member-
Secretary
2. The Chairperson and official members of the Authority for the districts shall hold office during their tenure in the district on said posts and the expert member shall hold office for a period of three years from the date of nomination by the competent authority.
3. The Authority for the districts shall exercise such powers and follow the procedures as specified in the said notification.
4. The Authority for the districts shall base its decision on the recommendations of the District Level Expert Appraisal Committee constituted under paragraph 5 of this notification.
5. For the purposes of assisting the Authority for the districts, the Central Government hereby constitutes the District Level Expert Appraisal Committee for all the districts of the country (hereinafter referred to as DEAC for the district) comprising of the following members, namely:-
1. Senior most Executive Engineer, Irrigation Department — Chairperson
2. Senior most Sub-Divisional Officer (Forest) — Member
3. A representative of Remote Sensing Department or Geology Department or State Ground Water Department to be nominated by the District Magistrate or District Collector — Member
4. Occupational health expert or Medical Officer to be nominated by the District Magistrate or District Collector — Member
5. Engineer from Zila Parishad — Member
6. A representative of State Pollution Control Board or Committee — Member
7. An expert to be nominated by the Divisional Commissioner or Chief Conservator of Forest — Member
8. An expert to be nominated by the Divisional Commissioner or Chief Conservator of Forest — http://www.judis.nic.in Member 21
9. An expert to be nominated by the Divisional Commissioner or Chief Conservator of Forest — Member
10. Senior most Assistant Engineer, Public Works Department — Member
11. Assistant Director or Deputy Director or District Mines Officer or Geologist in the district in that order — Member- Secretary
6. The Chairperson and the official members of the DEAC shall hold office during their tenure in the district and the non-official members shall hold office for three years from the date of their nomination by the competent authority.
7. The DEAC shall exercise the powers and follow the procedures as specified in the said notification.
8. The DEAC shall function on the principles of collective responsibility and the Chairperson shall endeavor to reach a consensus in each case, and if consensus cannot be reached, the view of the majority shall prevail.
9. The District Magistrate or District Collector of the district shall notify an agency to act as Secretariat for the Authority for the districts and DEAC. The agency shall provide all logistic support including transportation, accommodation, and such other facilities in respect of all its statutory functions.
10. The non-official members of the Authority for districts and the DEAC shall be entitled to such sitting fees, travelling allowance and dearness allowance which shall be paid in accordance with the concerned rules of the respective State Governments.
[No. Z-11013/98/2014-IA-II (M)] MANOJ KUMAR SINGH, Jt. Secy.
10. The order impugned in the present writ petitions has been extracted hereunder.
Rc.No.100/Mines/2018 Collectorate
Dt.07.04.2018 Cuddalore.
Notice
Sub: Mines and Minerals - Minor Mineral - sand quarry, Cuddalore
District - Panruti Taluk - Enathirimangalam Village - SF.No.1/3(p) - over an extent of 4.80.0 / 150.86.0 hect, request for opening of a new sand quarry by Public Works Department in Then Pennaiyar river bed - Precise area Communicated - reg.
Ref:- 1 Proposal of the Executive Engineer, Public Works http://www.judis.nic.in Department, WRO, Sand Mining and Monitoring 22 Division,Villupuram Lr.No.07/2017/OoSePo/Su(ma)/ Villupuram, Dt.12.03.2018 2 District Collector, Cuddalore Lr.No:100/Mines/2017 Dated:13.03.2018 3 Land availability report of Sub Collector, Cuddalore, Lr.No.A7/1288/2018 Dated:26.03.2018 4 The Executive Engineer, T.W.A.D Board, Cuddalore Lr.No.105/F sand quarry / JDO/Cuddalore/2018 Dated:28.03.2018 5 Inspection Report of Assistant Geologist, Geology and Mining, Cuddalore Dated:10.03.2018 6 Government of India, Ministry of Environment & Forests Office Memorandaum No.L-11011/47/2011- 1A.II(M) Dated:18.05.2012 7 G.O.(2D).No.21, Industries (MMC.1) Department, Dated:02.06.2017 ***** In the reference 1st cited the Executive Engineer, Public Works Department, Water Resources Organization, Sand Mining and Monitoring Division, Villupuram has sent proposal for opening new sand quarry in Thenpennaiyar river bed in SF.No.1/3 (p) over an extent of 4.80.0 Hects out of 150.88.0 Hects in Enathirimangalam village, Panruti taluk, Cuddalore District.
2) The Sub-Collector, Cuddalore, the Assistant Geologist, O/o. the Deputy Director, Geology and Mining, Cuddalore and the Executive Engineer, TWAD Board, Cuddalore have inspected the applied area and recommended for the grant of quarry lease for quarrying sand over the subject area.
3) Based on the recommendations of the Sub-Collector, Cuddalore, the Assistant Geologist, O/o. the Deputy Director (Mines), Cuddalore and the Executive Engineer, TWAD Board, Cuddalore the application for the grant of quarry lease for quarrying sand to a quantity 48,000m3 / 16000 units (300mx160mx1m) of sand allowed to remove or for a period of one year whichever is earlier in S.F.No.1/3 (P) over an extent 4.80.0 hect. / 150.88.0 Hect. in Enathirimangalam Village, Panruti Taluk, Cuddalore District is considered subject to the following conditions.
i. A safety distance of 50 Metres should be left to the river bank and should not cause any damage to them while quarrying and transportation of sand.
ii. The Executive Engineer, Sand Mining and Monitoring Division, Villupuram should prepare the Mining plan for the precise area communicated and get approval of Deputy Director (Mines). iii. The Executive Engineer, Sand Mining and Monitoring http://www.judis.nic.in Division, Villupuram should furnish Environment clearance issued by 23 the District Level Environment Impact Assessment Authority.
4) In view of the above, the Executive Engineer, Public Works Department, Water Resources Organization, Sand Mining and Monitoring Division, Villupuram is hereby directed to submit the Mining Plan prepared by the Recognised Qualified person (R.Q.P.) to the Deputy Director (Mines) for approval and Environment clearance certificate from the District Level Environment Impact Assessment Authority as stipulated in the MoEF memorandum dated.15.01.2016 and 20.01.2016.
Sd/-xxxxx, District Collector, Cuddalore.
-/t.c.b.o/-
For Collector, Cuddalore.
To The Executive Engineer, Public Works Department, Water Resources Department, R.RAJASEKAR, M.Sc., Sand Mining and Monitoring Division, Recognised Qualified Person Villupuram. Reg.No.RQP/CNN/264/2015/A
11. The District Collector, Cuddalore by the impugned order has directed the Executive Engineer, Public Works Department, Water Resources Organization, Sand Mining and Monitoring Division, Villupuram to submit a mining plan, prepared by the Recognized Qualified Person (RQP) to the Deputy Director (Mines) for approval and obtain Environmental Clearance certificate from the District Level Environment Impact Assessment Authority, as stipulated in the Ministry of Environment and Forest memorandum dated 15.01.2016 and 20.01.2016, respectively. The relevant notification in the present case is 15.01.2016 and all the relevant clauses have been extracted.
http://www.judis.nic.in 24
12. There is no dispute over the fact that the project in issue falls in category B2 project.
13. Mr.P.Wilson, learned senior counsel for the petitioner, would contend that quarrying in the projects, had started, but the State Government had received the recommendations only on 12.02.2019. He would contend that when the writ petition was filed, there was no clearance from the District Level Environment Impact Assessment Authority, and that the said clearance was obtained only on 12.02.2019 and therefore, the entire project must be stopped forthwith.
14. Mr.P.Wilson, learned senior counsel would rely on a screenshot of the website of the Ministry of Environment and Forest, which shows the status of environmental clearance of various projects. The relevant entry which is necessary for the present case reads, as under.
S.No. Proposal Details Location Category Company/ Current Type of
Proponent status project
2. Proposal No.: DIA/TA/MIN/ State: Tamil Non Coal RARAJASEKAR EC New
15178 /2018 Nadu Mining Granted
File No.: 1093/Mines/2016/ District:
15178 Cuddalore
Proposal Name:
The Executive Engineer,
Sand Quarry over and extent
of 4.80.0 Ha of
(Thenpennaiyar River) in
S.F.No.1/3 (P) of
Enathirimangalam Village,
Panruti Taluk,
Cuddalore District.
http://www.judis.nic.in 15. Mr.P.Wilson, learned senior counsel further submitted that, if any one 25 clicks on the attached files, it is shown that that the environmental clearance was granted only on 12.02.2019. Mr.P.Wilson, relies on another screenshot, substantiating his contention.
Submitted Query for Resubmiss Accepted Query for Resubmiss Accepted Forwarde Recomme EC Date of Date of
by shortcomi ion of by DEIAA shortcomi ion of by DEAC d to DEIAA ndations Granted upload of withdraw
Proponent ng (if any) Proponent and ng (if any) Proposal for EC of DEIAA EC al
by DEIAA forwarded by DEAC by (After
to DEAC Proponent Recomme
ndations
of DEAC)
14 May N/A N/A 12 Feb N/A N/A 12 Feb 12 Feb 12 Feb 12 Feb 12 Feb N/A
2018 2019 2019 2019 2019 2019 2019
16. In the State of Tamil Nadu, quarrying in sand is done only by the State. Rule 38-A was introduced in the Tamilnadu Minor Minerals Concession Rules 1959 by which all the existing quarries in Government lands and patta lands, ceased to be effective and right of exploiting sand is vested only with the State Government. Rule 38-A reads as under "38-A. Quarrying of sand by the State Government.— Notwithstanding anything contained in these Rules, or any order made or action taken hereunder or any judgment or decree or order of any Court, all existing leases for quarrying sand in Government lands and permissions / leases granted in ryotwari lands shall cease to be effective on and from the date of coming into force of this Rule and the right to exploit sand in the State shall vest with the State Government to the exclusion of others. The proportionate lease amount for the unexpired period of the lease and the unadjusted seigniorage fee, if any, will be refunded."
17. Mr.E.Manoharan, learned Additional Government Pleader submitted that environmental clearance was granted by the District Level Environment Impact Assessment Authority, by an order dated 15.05.2018.
ENVIRONMENTAL CLEARANCE http://www.judis.nic.in F il e N o. D I A / TN / M I N / 1 5 1 7 8 / 2 01 8 / D E I A A - 24 /2 0 16 E c. N o . 2 4, 26 d at e d .1 5. 05 . 201 8 To, The Executive Engineer, Public Works Department, WRD Sand Mining and Monitoring Division Villuppuram.
Sir, Sub: DEIAA - Proposed - Sand Quarry- at S.F.No. 1/5 (P) over an extent of 4.80.0 / 150.88. hects. of Enathirimangalam Village, Panruti Taluk, Cuddaiore District by the Executive Engineer, PWD, WRD, Villuppuram - Grant of Environmental Clearance - Reg.
Ref: 1. Your Application for Environment Clearance from DEIAA / TN / Cuddalore District / 2018 Dated: 14.05.2018.
2. Minutes of the DEAC meeting No.3 DEAC held on DEAC meeting date 15.05.2018.
3. Minutes of the DEIAA meeting held on DEIAA meeting date 15.05.2018.
Details of Minor mineral Activity:-
This has reference to your application first cited. The proposal is for obtaining Environmental Clearance for minor minerals mining / quarrying projects falling under category 'B2' based on the particulars furnished in your application as shown below:
1. Name of Project Proponent : The Executive Engineer,
and address Public Works Department, WRD Sand
Mining and Monitoring Division
Villuppuram,
Location of the Proposed :
2. Activity
Survey Number : S.F.No.1/3 (P) over an extent of
4.80.0/150.88.0 hects.
Latitude and Longitude : 11°5130.44 N to 11°51'39.14"n
79°2949.34 E to 79°30'00.82"E
Village : Enathirimangalam
Taluk : Panruti
District : Cuddalore
3. Proposed Activity :
i. Minor mineral : Sand quarry
http://www.judis.nic.in
ii. Mining Lease Area : 4.80.0 / 150.88.0 hects
27
iii. Approved quantity Sand = 48,000m3
:
iv. Depth of quarrying : 1 meter.
V. Type of quarrying :
Open cast semi-mechanised
vi. Category (B1/B2) : "B2" category.
vii. Precise Area : Rc.No.100/Mines/2018, dated.
Communication 07.04.2018
VI I I. Mining Plan approval : Rc. No. 100/Mir. -s/2018, dated.10.05.2018 ix. Quarrying lease period : One Year
4. Whether project area :
attracts any general conditions specified in the EIA notification, 2006 as amended Man Power requirement per
5. day : 25 Nos.
6. Utilities : '
i. Source of Water : Water vendors / Existing borehole
ii. Quantity of Water
Requirement in KLD:
Domestic
: 0.3 KLD
Industrial
Green Belt & Dust
Suppression
1.0 & 0.5 KLD
iii. Power requirement
Petroleum Fuel is to be used for
Domestic purpose operating machineries and vehicles ;
:
Industrial purpose during quarrying process. Electricity
will be used only for mine lighting
and office purposes.
7. Cost :
i. Project Cost : Rs.27,47,000/-
ii. EMP Cost : Rs.2,15,000/-
8. Public Consultation:- : Not required as per O.M. dated
24.12.2013 of MoEF, GOI
9. Date of Appraisal by DEAC: : 15.05.2018 3rd Meeting
10. Date of review / discussion by DEIAA and the Remarks:-
The proposal was placed before the DEAC & DEIAA meeting No.3 held on 15.05.2018 and the Authority after careful consideration, decided to grant Environmental Clearance to the said project for Mining of "Sand Quarry" subject to the terms and conditions stipulated under http://www.judis.nic.in the provisions of Environment Impact Assessment Notification, 2006 28 as amended.
11. Validity:
This Environmental Clearance is granted for Mining of "Sand Quarry" for the production quantum fo a period of "One Year" from the date of execution of Lease Deed.
2) Conditions to be compiled before commencing mining operations.
i) The project authorities should advertise with basic details at least in two widely circulated local newspapers, one of which shall be in the vernacular language of the locality concerned, within 7 days of the receipt of the clearance letter informing that the project has been accorded environmental clearance and a copy of the clearance letter is available with the State Pollution Control Board and also at tie web site of the www.environmentalclearance.nic.in/deiaa.aspx and a copy of the same is being sent to the Regional office of Ministry of Environment and Forest, Government of India located at Chennai,
ii) Quarry lease area should be demarcated on the ground with pucca stone or concrete pillars to show the natural bed level and he depth of mining allowed. Boundary pillars at the interval of 50m each on all the four sides of the quarry site with red flags on every pillar and also »n site pillars making the level and depth up to one metre downwards shall be erected before commencement of quarrying.
iii) The katcha roads between the bank of the river and the mining area shall be formed with locally available bio-degradable materials such as sugar cane leaves etc.
iv) A display Board shall be erected in local vernacular language at each of the following places.
● At the river banks of mining site.
● In nearest village by which sand transportation will be carried out. ● At the entrance of the village Road from the Main Road i.e. SH/NH/Union Road etc. The information as per Annexure should be given in Bold and visible letters.
http://www.judis.nic.in 29
(v) A copy of the Environmental Clearance letter shall be sent by the proponent to the concerned Panchayat, Town Panchayath/ Panchayath union, Municipal Corporation, Urban Local Body and the Local INIGO, if any, from whom suggestions/ representations, if any, were received while processing the proposal. The clearance letter shall also be put on the website of the proponent and also kept at the site, for the general public to see.
vi) Provision shall be made for the housing of construction labour nearby the site with all necessary infrastructure and facilities such as fuel for cooking, toilets, safe drinking water, etc. The housing may be in the form of temporary structures to be removed after the completion of the project.
vii) The propone/'t shall ensure that First Aid Box is available at site.
3. Taluk level Task Force Committee convened by Tahsildar should inspect the site to satisfy that the pre-conditions as above for commencing the mining operations are satisfactorily followed, and minute their field inspection, as per G.O.Ms.No.135 Industries (MMA-1) Department Dated: 13.11.2009.
4. Taluk level Task Force is to submit inspection report to the District Collector who is the Chairman of District Level Task Force, who would examine the report and after satisfying himself should give approval to start mining.
5. Specific condition:
(i) The environmental clearance will be coterminous with the mine lease period, however limited, to a maximum period of one year from the date of commencement of quarrying.
(ii) The environmental clearance is subject to final order of the Hon'ble Supreme Court of India in the matter of Goa Foundation Vs Union of India in Writ petition (Civil) No.460 of 2004 as may be applicable to this subject.
iii) It shall be ensured that no mining of any type is undertaken within 50mts or the distance mentioned in the proposal (whichever is higher) from both the banks (inward) of the river to control and avoid erosion of river banks. The bank of the river shall not be disfigured or lowered for any purpose.
iv) The project Proponent is directed districted to use judicious use of minimum No. of Poclains and not more than two poclains in the project site till the expire of lease period of the excavation of approved quantity whichever is http://www.judis.nic.in earlier.
30v) The loading and use of poclaints, transport of sand shall not be entertained between 7.00 P.M to 6. A.M.
vi) Annual replenishment report certified by an authorised agency shall be submitted. In case the replenishment is low the mining activity/ production levels shall accordingly be decreased /stopped.
vii) Quarrying in river bed should not be done during the days of rain and the days of flood. The total quantity of sand permitted in the Environmental Clearance should not be exceeded in any case within the overall permitted period.
viii) There shall be no quarrying of sand in any river bed or adjoining area or any other area which is located within 500mts radial distance from the location of any bridge, water supply system , infilteration well or pumping installation of any of the local bodies or central or Sate Governmer: Department of the Tamilnadu Water supply and Drainage board head works or any area Identified for locationg water supply and schemes by any of the above-mentioned Government Departments or other bodies.
ix) The ultimate working depth shall be 1 mts, from present natural river bee level and the thickness of sand available shall be more than 3 mt in the proposed quarry site.
x) The proponent shall take necessary measures to ensure that there shall not be an adverse impacts due to quarrying operation on the nearby human habitations by way of pollution to the environment.
xi) It shall be ensured that sand quarrying shall not be carried out below ground water table under any circumstances. If ground water table occurs/intervenes with the permitted depth at one meter, then also quarrying shall be stopped.
xii)It shall be ensured that excavation of sand do not disturb or change the underlying soil characteristics of the river bed / basin where quarrying is carried out
xiii) It shall be ensured that sand mining do not disturb in any way the turbidity, velocity and flow pattern of the river water.
xiv) Adequate number of pipes across the katcha roads leading to mining area shall be provided to facilitate the normal flow in the streams In the river bed.
xv) Streams, if any, passing across the Katcha Road, should riot be diverted to from inactive channel.
xvi) Quarrying below subterranean water level should be avoided as a safe guard http://www.judis.nic.in against Environmental Contamination and over exploitation over resources.
31xvii) Quarrying at the concave side of the river should be avoided to prever: bank erosion.
xviii) Mining activity and the compliance of all the above conditions shall hr monitored by the Taluk level Task Force once in a month by physical inspections and the status of compliance should be recorded by the committee in the Register maintained at the site.
xix) At the end of mine closure, the Proponent shall immediately remove all the sheds put up in the quarry and the equipment in the area at the time of closure of ttfe operation of sand quarry. All the roads / path ways shall be levelled to let the river assume its normal course without any artificial obstruction to the extent possible.
xx) The mined out pits should be back filled where warranted and area should be suitably landscaped to prevent environmental degradation. xxi) Transport density study to be done and report to be submitted. xxii) To take up environmental monitoring of the proposed quarry site before, during and after the mining activities including traffic density study, sedimentation, air & flora/fauna environment, involving a reputed Academic Institution.
xxiii) To ensure that the river bed after mining is always higher than the bed depth of nearby water bodies so that the river is always a recharge source. xxiv) Restoration of riparian and in stream habitats, restoration of river geometry causing degradation in upstream, downstream and in the mining are, depletion an i prevention of contamination of ground water etc shall be taken care off, by the proponent.
xxv) No drilling and blasting operation shall be carried out under any circumstances.
xxvi) Digital processing of the entire lease area using remote sensing technique should be done regularly once in three years for monitoring the change of rive course, if any and report submitted to the Ministry of Environment and Forests and Its Regional office located at Bangalore.
xxvii) The critical parameters such as RSPM (Particulate matter with size less than 10 micron i.e., PM10) and NOx in the ambient air within the core zone shall be monitored periodically. The monitored data shall be uploaded on the website of the proponent as well as displayed on a display board at the Project site. The Circular NoJ-20012/12006-lA.II (M), Dated: 27.05,2009 issued by http://www.judis.nic.in 32 Ministry of Environment and Forests, which is available on the website of the Ministry www.envfor.nic.in shall also be referred to in this regard for its compliance.
xxviii) A primary survey of flora and fauna shall be carried out and the data shall be submitted to the Regional Officer, Chennai within six months. It shall also be ensured that there is no fauna dependent on the river bed or areas close to mining for its nesting. The project proponent shall take all precautionary measures during quarrying operation for conservation and protection of flora and fauna in the core zone and buffer zone i.e. upto the radius of 10 Km.
xxix) Action plan for conservation of flora and fauna if any shall be prepared in consultation with the State Forest and Wildlife Department. All the safeguard measures brought out in the Wildlife Conservation Plan so prepared specific to this project site shall be effectively implemented. xxx) Necessary allocation of funds for implementation of the conservation plan shall be made and the funds so allocated shall be included in the project cost. A Copy of action plan shall be submitted to the Regional Office of the Ministry of Environment and Forests, Bangalore.
xxxi) The Proponent shall submit within 3 months , their policy towards Corporate Environment Responsibility which should inter-alia address (i) Standard operating process/ procedure to br ig into focus any infringement/deviation/violaticn of environmental or forest norms / conditions
(ii) Hierarchical system of Administrative order of the Department to deal with environmental issues and ensuring compliance of EC conditions and (iii) System of reporting of noncompliance/violation of environmental norms to the Head of the Department of the State Government of stakeholders. xxxii) The project proponent shall ensure that child laboi r is not employed in the project as per the sworn affidavit furnished. xxxiii) The project proponent shall undertake plantation/ afforestation work by planting the native species on all side of the lease area and the approach road as per the sworn affidavit furnished.
xxxiv) The project proponent shall ensure that there are no other quarries within a radius of 1 Km., from the boundary of the proposed quarry site and that the combined extent of such quarries does not exceed 25 ha. As per the sworn affidavit furnished.
http://www.judis.nic.in xxxv) The project proponent shall ensure that there are no bridges, culverts, 33 cross masonaries, water head works or any other civil structure within 500 mts., of the proposed quarry site as per the sworn affidavit furnished. xxxvi) The project proponent shall ensure that the water requirement for the proposed activity shall be as per the undertaking furnished. xxxvii) Rate of Replenishment studies shall be conducted and frequent follow up shall be ensured.
xxxviii) Transportation of the quarried materials shall not cause any hindrance to the Village people/Existing Village road.
xxxix) The quarrying activity shall be stopped if the entire quantity is quarried even before the expiry of the quarry lease period and the same shall be mentioned by the District Authorities.
6. General Conditions:
i. The project proponent shall obtain consent to Establish before starting any work and consent to operate after complying to the conditions imposed for adherence before starting from the Tamil Nadu Pollution Control Board and effectively implement all the conditions stipulated therein. ii. No change in mining technology and scope of working should be made without prior approval of the Ministry of Environment & Forests. iii. No change in the calendar .plan including excavation, quantum of mineral sand (minor mineral) should be made.
iv. A study shall be carried out through an expert agency like Central Water Commission relating to replenishment of the mineral (siltation study) in this river so as to ensure that the quantity of mineral to be removed does not exceed the siltation to avoid over exploitation of mineral which may adversely affect the dynamics of the river. This study shall be steered by the State Government based on which the capacity of the mine will be decided by ihe concerned Department of the 'State Government while granting mining lease. v. The project proponent shall ensure that the plan of mining is in conformity with the mine lease conditions and the Rules prescribed in this regard, clearly showing the no works zone in the mine lease i.e. the distance from the bank of river to be left unworked, distance from the bridges etc. vi. The project proponent shall ensure that wherever deployment of labour attracts the Mines Act, the provision thereof shall be strictly followed. vii. The project proponent shall undertake plantation/afforestation work by http://www.judis.nic.in planting the native species on either side of the approaching katcha path 34 (through which the vehicle fly) between the bund and the main road. viii. Effective safeguard measures, such as regular water sprinkling shall be carried out in critical areas prone to air pollution and having high levels of particulate r .atter such as loading and unloading point and all transfer points. Extensive water sprinkling shali be carried out on haul roads. It should be ensured that the Ambient Air Quality parameters confirm to the norms prescribed by the Central Pollution Control Board in this regard. ix. The project proponent shall undertake hydro geological study through reputed institution/organisation within six mohth. The proponent shall undertake adequate safeguard measures during extraction of river bed material and ensure that due to this activity the hydro-geological regime of the surrounding area shall not be affected.
x. Regular monitoring of ground water level and quality shall be carried around the mine lease area by establishing a network of existing wells and installing new piezometers during the mining operation. The p monitoring (at least four time in a year - pre-monsoon (April- monsoon (August), Post monsoon (November) and Winter (January); in each season) shall be carried out in consultation with the State Ground. Water Board/ Central Ground Water Authority and the data thus collected may be sent regularly to the Ministry of Environment and Forests arc Regional Office Bangalore, the Central Ground Water Commission and the Regional Director, Central Ground Water Board. If at any stage, it observed that the groundwater table is getting depleted due to the minning activity; necessary corrective measures shall be carried out, which includes immediate stopping of mining.
xi. The project proponent shall obta'n necessary prior permission of competent authorities for drawal of requisite quantity of water (surface water and groundwater), if any, required for the project. xii. The proponent shall maintain the village road through which transportation of sand is carried out at its own cost. The roads shall blacktopped to the extent required.
xiii. Quarrying should enrich rather than deplete the biod'/ersity as a corollary' to their intervention in the ecology of their area of activity. xiv. Access and haul roads to the quarrying area should be restored in a mutually agreeable manner where these are considered unnecessary after extraction has been completed.
http://www.judis.nic.in xv. Public movement across the river should not be disturbed due to quarrying 35 activity and vehicular movement.
xvi. After completion of quarrying of permitted quantity of iand in the river, the natural slope of the river should be maintained without any low-level area in the mined area by carrying out an approved mine closure plan. xvii. EC is given only on the factual record, documents and details furnished by the EE/PWD particularly in respect of Areal distance of the nearest village is as menioned in the proposal from the mining site boundary.
No structure is located within 500 m from the quarry site boundary xviii. It shall be ensured two mining blocks should be more than one kilometer. Ongoing minig activity should also be taken in account in this regard. xix. Mining activity should not cause threat to the bio diversity, destory river vegetation, cause erosion, pollute water sources etc. xx. Four ambient air quality-monitoring stations should be established in the core zone as well as in the buffer zone for RSPM (Particulate matter with size less than 10 micron i.e.,PMi0) and NOx monitoring. Location of the stations should be decided based on the meteorological data, topographica features and environmentally and ecologically sensitive targets and frequency of monitoring should be undertaken in consultation with the State Pollution Control Board. xxi. Baseline study for data on water, soil, air etc., before, during and after the quarrying should be taken up by an academic institution. xxii. Date on ambient air quality RSPM (Particulate matter with size less than 10 micron i.e.PMl0) & Nox should be regularly submitted to the Ministry of Environment and Forests including it Regional office located at Bangalore and the State Pollution Control Board/ Central Pollution Control Board once in six months.
xxiii. Fugitive dust emissions from all the sources should be controlled regularly. Water spraying arrangement on haul roads, loading and unloading and at transfer points should be provided and properly maintained. xxiv. Personnel working in dusty areas should wear protective respiratory devices and they should also be provided with adequate training and information on safety and health aspects. Occupational health surveillance program of the workers should be undertaken periodically to observe any contractions due to exposure to dust and take corrective measure, if needed.
http://www.judis.nic.in xxv.Periodical medical examination of the workers engaged in the project shall 36 be carried out and record maintained. For the purpose, schedule of health examination of the workers should be drawn and followed accordingly. The workers shall be provided with personnel protective measures such as masks glove, boots etc. xxvi.A separate environmental management cell with suitable qualified personnel should be set-up under the control of a Senior Executive, who will report directly to the Head of the Organization. xxvii. The funds earmarked for environmental protection measures should be kept in separate account and should not be diverted for others purpose. Year wise expenditure should be reported to the Ministry or Environment and Forests and its Regional office located at Chennai.
xxviii.The Assistant Engineer exclusively posted to the site should write up and maintain the following registers, in addition any other records prescribed in the mining lease order.
a) Daily Progressive Register
b) Inspection Register
c) Complaints Register xxix. The Regional Office of the Ministry located at Bangalore shall monitor compliance of the stipulated conditions. The project authorities should extend full cooperation to the officer (s) of the Regional Office by furnishing the requisite data / information / monitoring reports. xxx. The project proponent shall submit six monthly reports on the status of compliance of the stipulated environmental clearance conditions including results of monitored date (both in hard copies as well as by e-mail) to the Ministry of Environment and Forests, its Regional Office Bangalore, the respective Zonal Officer of Central Pollution Control Hoard, SEIAA, TN and State pollution Control Board. The Proponent shall upload the status of compliance of the environmental clearance conditions, including results of monitored data on their website and shall update the same periodically. It shall simultaneously be sent to the Regional Office of the Ministry of Environment and Forests, Bangalore, the respective Zonal office of Central Pollution Control Board and the State Pollution Control Board.
xxxi. The environmental statement for each’financial year ending 31st March in form - V as mandated to be submitted by the project proponent to the http://www.judis.nic.in concerned State Pollution Control Board as prescribed under the Environment 37 (Protection) Rules, 1986, as amended subsequently, shall also be put on the website of the company along with the status of compliance of environmental clearance conditions and shall also be sent to the Regional Office of the Ministry of Environment and Forests, Chennai by e-mail. xxxii. The Environmental Clearance does not absolve the applicant/ proponent of his obligation requirement to obtain other statutory and administrative clearances from other statutory and administrative authorities. xxxiii. This Environmental Clearance does not imply that the other statutory / administrative clearance shall be granted to the project by the concerned authorities. Such authorities would be considering the project on merits and be taking decisions independently of the Environmental Clearance. xxxiv.The DEIAA, Cuddalore may alter / modify the above conditions or stipulate any further condition in the interest of environment protection. xxxv.The DEIAA, Cuddalore may cancel the environmental clearance granted t this project under the provisions of EIA Notification, 2006, if, at any stage c the validity of this environments clearance, id it is found or if it comes to the knowledge of this DEIAA, Cuddalore that the project proponent has deliberately concealed and or submitted false or misleading information or inadequate data for obtaining the environmental clearance.
xxxvi. Failure to comply with any of the conditions mentioned above may result in withdrawal of this clearance and attract action under the provisions of the Environment (Protection) Act, 1986.
xxxvii. The above conditions will be enforced inter - alia, under the provisions of the Water (Prevention & Control of Pollution) Act, 1974, the Air (Prevention & Control Of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991, along with their amendments, draft Minor Mineral Conservation & Development Rules, 2010 framed under MM DR Act 1957, national Commission for protection of Child Right Rules, 2006 and rules made there under and also any other orders passed by the Hon'bie Supreme Court On India / Hon'bie High Court of Madras and any other Courts of Las relating to the subject matter.
xxxviii. If the periphery of any other sand quarry is located within 1 Km., from the pe riphery of this site and if the total extent of both the existing quarry and the quarry now cleared for Environmental Clearance exceeds 25 Hects., of mining area, then this Environmental Clearance is not valid, since http://www.judis.nic.in the activity shall become Category "Bl" project under the EIA Notification, 38 2006.
xxxix. In the event of the above condition is applicable, then the proponent concerned, is to file a fresh application under EIA Notification, 2006, seeking Environmental Clearance in respect of the cluster. [A cluster of mines is defined wherein more than one sand mining site is located within 1 Km., from the periphery of another nearby sand mining site and the total area of these mining sites exceeds 25 Hects., Then a EIA study report along with public consultation are necessitated].
xl. As CSR activity the project proponent shall take care of the needs of a nearby Government School by providing amenities. xli. The entire sand mining operation should be as per the guidelines for sustainable sond mining issued in 2016 by the MoEF & CC, GOI, New Delhi. xlii. The Project Proponent is also directed to strictly adhere to the Sustainable sand Management Guidelines, 2016 as the site specific, Especially the project proponent ensure the use technology likes Bar Coding, RTGS tags and GPS tracking of vehicles for effective monitoring, Information and communications Technology (lCT, Web based and CT enabled services, mobile SMS Application, etc. to account for weight of mineral being taken out of area and the number of trucks moving out with the mineral.
xliii. Any appeal against this environmental clearance shall lie with the National Green Tribunal, if preferred within a period of 30 days os prescribed under section 16 of the National Green Tribunal Act, 2010.
sd/-
CHAIRPERSON DEIAA
18. Mr.P.Wilson, learned senior counsel raised apprehension that the environmental clearance dated 15.05.2018 on which the State Government has placed reliance might not be a correct document, especially in the light of the information that is contained in the website which shows that environmental clearance was obtained only in February 2019.
http://www.judis.nic.in 39
19. This Court directed the Government to produce entire files from the District Level Environment Impact Assessment Authority and Public Works Department. Files were produced and perused.
20. A perusal of the files would show that the proposal for the project was initiated by the Executive Engineer, Public Works Department, Water Resources Organization, Sand Mining and Monitoring Division, Villupuram in March 2018. The impugned order which has been quoted in its entirety supra, would show that on receipt of the proposal, the Tahsildar, Panruti, Sub Collector, Cuddalore, the Assistant Geologist from the office of the Deputy Director of Geology and Mining, Cuddalore and the Executive Engineer, TWAD, Cuddalore have inspected the area for grant of lease for quarrying the sand and they have given their reports. Based on the reports, the order dated 07.04.2018 impugned in the writ petitions, has been passed.
21. A perusal of the impugned order would show that it is only a direction to the Executive Engineer, Public Works Department, Water Resources Organization, Sand Mining and Monitoring Division, Villupuram to submit a mining plan, prepared by the Recognized Qualified Person (RQP) to the Deputy Director (Mines) for approval and obtain Environmental Clearance certificate from the District Level Environment Impact Assessment Authority, as stipulated in the Ministry of Environment and Forest memorandum dated 15.01.2016 and http://www.judis.nic.in 40 20.01.2016 and it is not a final order. Considering the pleadings and material on record, we are of the view that the writ petitions are therefore, completely pre mature. Since it was contended that the writ petitions have been filed in the year 2019, after the environmental clearance has been granted, we decide not to dismiss the writ petitions, as not maintainable, but to consider the entire case. The mining plan was submitted by the Executive Engineer, Public Works Department, Water Resources Organization, Sand Mining and Monitoring Division, Villupuram on 04.05.2018 to the Deputy Director, Geology & Mining Department.
22. The files disclose that on 10.05.2018, the Deputy Director, Geology and Mining has forwarded the plan to the Executive Engineer, Public Works Department, WRO, Sand Mining and Monitoring Division, Villupuram for obtaining environmental clearance from the District Level Environment Impact Authorities. The files also indicate that the Tamil Nadu Pollution Control Board, had also looked into the project and given its clearance.
23. The environmental clearance was then granted on 15.05.2018. The District Collector, Cuddalore, then passed an order on 20.06.2018 for quarrying sand. The said order dated 20.06.2018 reads as under Rc.No. 100/Mines/2018 dated. 20 .06.2018 Sub: Mines and Minerals - Minor Minerals - sand quarries - Cuddalore District - Panruti Taluk - Enathirimangalam Village - S.F.No.
1/3(P) - over an extent of 4.80.0 / 150.88.0 hect. - Proposal for http://www.judis.nic.in commencing new sand quarry by Public Works Department in 41 Thenpennaiyar river bed - Environmental Clearance obtained from DEIAA - orders issued.
Ref: 1. G.O.Ms.No.110/Public Works (I.Spl.2) Dept., Dated: 06.07.2006.
2. G.O.Ms.No.135, Industries (MMA1) Dept., Dated 13.11.2009.
3. Hon'ble Supreme Court of India in I.A.Nos 12-13/2011 in SLP No. 19628-19629 / 2009 etc., dt. 27.02.2012.
4. Government of India, Ministry of Environment and Forest O.M. dt. 18.05.2012.
5. The Chairman, State Level Environment Impact Assessment Authority, Tamilnadu D.O.Lr.No. SEIAA-TN/Minor Minerals, 2012 dt. 17.09.2012.
6. The Commissioner of Geology and Mining, Chennai lette Rc.No. 3868/LC/2012 dt. 19.11.2012.
7. G.O.(Ms) No.79, Industries (MMC.1) Department dt.06.04.2015.
8. G.O.(D) No.110, Industries (MMC.2) Department dt.17.06.2015.
9. Proposal of the Executive Engineer. Public Works Department, WRO, Sand Mining and Monitoring Division, Viliupuram Lr.No. O7 /2 0 1 7 /OoSePo/Su(ma)ka /Villupuram, Dt: 12.03.2018.
10. District Collector, Cuddalore Lr.No:
Lr.No: 100/Mines/2018 Dated: 13.03.2018.
11. Land availability report of Sub Collector, Cuddalore.
Lr.No.A7/1288/2018 Dated:26.03.2018
12. Report of the Executive Engineer. T.W.A.D Board, Cuddalore Lr.No. 105/F sand quarry/JDO/ Cuddalore/2018 Dated:28.03.2018
13. Inspection Report of the Assistant Geologist, O/o. the Deputy Director, Geology and Mining, Cuddalore Dated: 10.03.2018.
14. Precise Area Communication notice Rc.No.
100/Mines/2018, dated. 07.04.2018.
15. Mining Plan submitted by the Executive Engineer, PWD, WRO, Mining and Monitoring Division, Villupuram, dt.04.05.2018.
16. Mining Plan approved letter Rc.No. 100/Mines/2018 dt.10.05.2018
17. The Member Secretary, District level Environment Impact Assessment Authority, Cuddalore File No.DIA/TN/MIN/15178/2018/DEIAA-24/2018 Ec.No.24, dated. 15.05.2018.
Order:-
The Executive Engineer, Water Resources Department (Public Works Department), Mining and Monitoring Division, Viluppuram vide the reference 9lh cited has submitted a proposal for commencing new sand quarry in Thenpennaiyar river bed in S.F.No. 1/3 (P), over an extent of 4.80.0 / 150.88.0 hect. in http://www.judis.nic.in Enathirimangaiam Village, Panruti Taluk, Cuddalore District.
422) Feasibility report in this regard was called for from the Executive Engineer, TWAD, Cuddalore and the Sub Collector, Cuddalore.
3) The Sub Collector, Cuddalore has inspected the area and furnished his recommendation report vide the reference 11th cited as follows. The area proposed for quarrying sand in S.F.No.1/3 (P) - over an extent of 4.80.0/150.88.0 hect. is classified as Thenpennaiyar River and is spread over an extent of 4.88.0/150.88.0 hect. of Enathirimangaiam Village. Sufficient approach is available for carrying out quarrying operations. No high tension and low tension power lines, Graveyard, River Bank & Permanent Buildings are situated within 50 mt radius. No drinking water wells and bridges are situated within 500 mt. radius. There were no objections from the public for the proposed quarry site. Finally he has recommended for quarrying of sand over an extent of 4.80.0 / 150.88.0 hect. in S.F.No. 1/3 (P), over an extent of 4.80.0 / 150.88.0 hect. of Enathirimangaiam Village, Panruti Taluk, Cuddalore District.
4) In the reference 12th cited, the Executive Engineer, TWAD has recommended for the grant of quarry permission in S.F.No. 1/33 (P), over an extent of 4.80.0 / 150.88.0 hect. in Enathirimangaiam Village, Panruti Taluk, as there is no bore wells or Infiltration well for the water supply schemes with in 500 mts. radius of the proposed area. The recommendation was subject to a condition that the sand quarrying area marked in the plan enclosed should not be changed and the quarry area should not be extended beyond the area marked in the plan.
5) In the reference 13tn cited the Assistant Geologist, O/o. the Deputy Director of Geology and Mining, Cuddalore has inspected and furnished his recommendation report as follows.
The Executive Engineer, Public Works Department, Water Resources Organisation, Mining and Monitoring Division, Viluppuram has proposed to quarry 48000 cu.m. of sand in the river stretch comprised in S.F.No. 1/3 (P), over an extent of 4.80.0 / 150.88.0 hect. classified as Thenpennaiyar River Poramboke. The river is a seasonal river with water run - off only during the monsoon rainy season with a North East - South West trend and North Easterly flow. The current http://www.judis.nic.in river channel / bed is 1 to 2 mts. lower than the either banks with sand deposit 43 to about 2 to 3 metres. During Inspection, there was no water flow and the entire river channel was dry. The sand in the subject area is medium to coarse grained. As the River Channel consists of 2 to 3 metres of sand deposit, PWD shall be allowed to quarry sand to a depth of one metre there by enabling free flow of water and seasonal replishment of sand during subsequent run off / floods. Enough free space for forming approach road is available. There are no bridges, permanent structures, Infiltration / drinking water wells within a radius of 500 mts. and no Electric lines, Electric Pylons, Railway tracks, Roads within a radial distance of 50 mts. The proposed area is 50 metres away from the River Banks.
As the quarry is proposed within the River Channel, there are no chances of slope stability and the proposed quarry will not be detrimental to the Environment and ecology.
Hence necessary permission may be granted to the Executive Engineer, Public Works Department, Water Resources Organisation, Mining and Monitoring Division, Viluppuram to quarry 48000 Cu.m. / 8480 LL ( @ 5.66 cu.m. per LL) admeasuring 300 m. X 160 m. (i.e.4.80.0 hect. out of hect. to a depth of 1 metre) in the Thenpennaiyar River comprised in S.F.No. 1/3 (P), over an extent of 4.80.0 / 150.88.0 hect. of Enathirimangalam Village, Panruti Taluk, Cuddalore District for a period of one year or the period required to exhaust the quantity of sand 48000 cu.m. Whichever is earlier.
6) Based on the recommendations of the Sub Collector, Cuddalore, the Executive Engineer, TWAD Board, Cuddalore and the Assistant Geologist, O/o. the Deputy Director, Geology and Mining, Cuddalore the application was examined and considered for the grant of quarry lease for a period of 1 year or the period required to exhaust the quantity of 48000 cu.m. of sand over an extent of 4.80.0 / 150.88.0 Hects., in S.F.No. 1/3 (P), over an extent of 4.80.0/150.88.0 hect. in the river Thenpennaiyar in Enathirimangalam Village of Panruti Taluk, Cuddalore District in favour of the Executive Engineer, PWD, Water Resources Department, Mining and Monitoring Division, Viluppuram. Thereby the Executive Engineer was directed to submit Mining plan and to obtain Environmental Clearance from the District Level Environment Impact Assessment Authority, Tamil Nadu.
7) As directed, the Executive Engineer, PWD, Water Resources http://www.judis.nic.in Department, Mining and Monitoring Division, Viluppuram had submitted the 44 Mining Plan prepared by RQP on 04.05.2018 for approval. The Mining Plan had been examined and it contains all the conditions stipulated in the rules. Hence, in exercise of the power delegated by the Government, the Mining Plan had been approved by the Deputy Director of Geology and Mining on 10.05.2018.
8) The District Level Environment Impact Assessment Authority, Cuddalore vide the reference 17th cited in letter File No. DIA/TN/MIN/15178/2018/DEIAA-24/2018 Ec.No.24, dated. 15.05.2018, had accorded Environmental clearance for the proposed quarrying of 48000 M of Sand 3 in Thenpennaiyar River stretch comprised in S.F.No. 1/3 (P), over an extent of 4.80.0 / 150.88.0 hect. of Enathirimangalam Village, of Panruti Taluk, Cuddalore District. The mine iease area is 4.80.0 Hects.
In view of the above, and in exercise of the powers conferred under G.O.(Ms) No.110 Public Works (I. Spl 2) Dept., dt:06.07.2006 permission to commence a new sand quarry is granted to the Executive Engineer, Water Resources Department (Public works Department), Mining and Monitoring Division, Viluppuram for removal and transportation of sand over an extent of 4.80.0 / 150.88.0 hect. in S.F.No. 1/3 (P), over an extent of 4.80.0 / 150.88.0 hect. of Enathirimangalam Village, of Panruti Taluk, Cuddalore District for a period of one year or the period required to exhaust the quantity of 48000 M3 of sand whichever is earlier subject to the terms and conditions stipulated in the Act and Rules in force and strict adherence of all the conditions stipulated in the Environment Clearance granted in File No. DIA/TN/MIN/15178/2018/DEIAA- 24/2018 Ec.No.24, dated. 15.05.2018 by the District Level Environment Impact Assessment Authority, Cuddalore in addition to the following special conditions.
i. The Executive Engineer, Public Works Department/ WRO/ Mining and Monitoring Division, Viluppuram shall strictly adhere the guidelines and instructions given by the Government/DEIAA, Cuddalore for quarrying of sand.
ii. Quarrying shall be under the direct control and supervision of a PWD official appointed by the Executive Engineer, Water Resources Department, Mining and Monitoring Division, Viluppuram.
http://www.judis.nic.in iii. Quarrying shall be done without causing any hindrance to the local 45 public and nearby Agricultural lands.
iv. The proposed site is to be demarcated with pucca pillar stones and benchmark level has to be fixed by the Executive Engineer, WRD, Mining and Monitoring Division, Cuddalore, before commencement of quarrying operations.
v. No criss cross road is permissible in the proposed quarry site which may cause obstruction to the flow of water.
vi. If any of the above condition is found to be violated this quarrying permission is deemed to be cancelled automatically without any notice.
vii. As per G.O.(D) No.110, Industries (MMC.2) Department dt.17.06.2015 only 2 poclains shall be equipped.
viii. The quarrying operations shall be restricted from 6.00 A.M. to 7.00 P.M.
ix. The Tahsildar concerned is directed that the mining activity and the compliance of all the above conditions shall be monitored by the Taluk level Task Force once in a month by physical inspections and the status of compliance should be recorded by the committee in the Register maintained at the site.
x. The Executive Engineer, Public Works Department, Water Resources Department, Mining and Monitoring Division, Villuppuram should file a report before the District Collector, Cuddalore showing the quantity of sand lifted as against the permitted quantity allowed to be lifted once in two weeks.
xi. No Transport permit shall be issued for the sale of sand to other States as per Rule 38 - B of the Tamil Nadu Minor Mineral Concession Rules, 1959.
xii. The transport permit for the transportation of sand from the sand quarry site should be issued by the Public Works Department in the form prescribed in Appendix - XVII in Rule 38 - C (2)(a) of the Tamil Nadu Minor Mineral Concession Rules, 1959.
http://www.judis.nic.in 46 xiii. The quarrying of sand shall be eco friendly and confined to the areas demarcated in the FMB sketch as produced by the Executive Engineer, Public Works Department, Water Resources Department, Mining and Monitoring Division, Cuddalore.
xiv. Quarrying of sand shall be confined to the area for which permission is granted.
xv. The Public Works Department Shall carryout quarrying operations in a skilful, scientific and systematic manner keeping in view proper safety of the labourer, structures and the public and public works located in that vicinity of the quarrying area and in a manner to preserve the environment and ecology of the area.
xvi. Quarrying shall be restricted to the permitted optimum depth of not more than one meter with special care to preserve the river bed strata.
xvii. At any cost natural water course of the river and the gradient towards downstream should be maintained for free flow of water.
xviii. Quarrying in river bed should not be done during rain and flood. The total quantity of sand permitted in the Environmental Clearance should not be exceeded in any case within the overall permitted period.
xix. Quarrying below the water table should be avoided as a safe guard against Environmental Contamination and over exploitation of resources.
xx. The mined out pits should be backfilled where warranted and area should be suitably landscaped to prevent environmental degradation.
xxi. 500 m. safety distance should be left out for the bridge, water supply system, infiltration well or pumping installation of any of the local bodies or Central or State Government Department or the Tamil Nadu Water Supply and Drainage Board head works.
Sd/-.
http://www.judis.nic.in District Collector, 47 Cuddalore
24. File of District Level Environment Impact Assessment Authority, also shows that on 12.05.2018, on the receipt of the remarks, the sub committee was instructed to inspect the project areas on 14.05.2018 and file their recommendations to be placed before the District Level Environment Impact Committee. The matter has been placed before the District Level Expert Appraisal Committee (DEAC) and District Level Environment Impact Committee [DEIAA] and on 15.05.2008 at 3.30 pm, a meeting has been convened. The file also discloses that proper notices were given to all the members of DEIAA, the inspection report of the sub committee was also placed before the DEIAA and only after taking into consideration all the aspects, the DEIAA has granted environmental clearance.
25. After perusing the entire files, we are satisfied that the apprehension of Mr.Wilson, learned senior counsel that the environmental clearance was obtained only in February 2019 and not in May 2018, vide order dated 15.05.2018, is not correct.
26. On 30.05.2018, the details pertaining to the Environmental clearance issued by the District Environmental Committee was published both in English (Southern Mail) and Tamil (Dhinamani) dailies. On 07.06.2018, the Consent to Operate order was also obtained from the Tamil Nadu Pollution Control Board on 07.06.2018.
http://www.judis.nic.in 48
27. Proper procedure has been followed and quarrying has started only after getting environmental clearance as stipulated under the DEIAA notification. In the light of the above discussion, Writ petitions are dismissed.
No costs. Consequently, the connected writ miscellaneous petitions are closed.
[S.M.K., J.] [S.P., J.] 27.06.2019 Index: Yes.
Internet: Yes ars To
1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2. The Principal Secretary, Government of Tamil Nadu, Public Work Department (WRO), Secretariat, Chennai - 600 009.
3. The Principal Secretary, Government of Tamil Nadu, Mines and Minerals, Secretariat, Chennai - 600 009.
4. The Principal Secretary, Government of Tamil Nadu, Pollution and Environmental Control Department, Secretariat, Chennai - 600 009.
5. The Principal Secretary cum Commissioner Revenue Administration, Revenue Department, Government of Tamil Nadu, Chennai - 600 009.
http://www.judis.nic.in 49
6.The Principal Secretary, Government of Tamil Nadu, District Rural Development Authority, Chennai - 600 009.
7. The District Collector, Office of the Collectorate, Cuddalore.
8. The District Collector, Office of the Collectorate, Villupuram.
9. The Sub Collector, Cuddalore.
10. The Tahsildar, Panruti Taluk, Cuddalore District.
11. The Assistant Geologist, Office of the Dy. Director, Geology and Mining, Cuddalore.
12. The Executive Engineer, TWAD Board, Cuddalore.
13. The Executive Engineer, Sand Mining and Monitoring Division, Villupuram.
14. The Assistant Engineer (PWD) (WRO) Mining and Monitoring Division-II, Cuddalore.
15. The Superintendent of Police, Office of the Superintendent, Cuddalore.
16. The Village Administrative Officer, Enathirimangalam Village, Cuddalore.
http://www.judis.nic.in 50
17. The Secretary, Union of India, Ministry of Environment Forest & Climate Change, Indira Prayavaran Bhawan, Jor Bagh Road, New Delhi - 110 003.
18. The Director, Department of Environment, Ground Floor, Panagal Buildings, 1, Jeenis Road, Saidapet, Chennai - 600 015.
19. The Chair Person, State Environment Impact Assessment Authority, Ground Floor, Panagal Buildings, 1, Jeenis Road, Saidapet, Chennai - 600 015.
20. The Chair Person, District Level Environment Impact Assessment Authority, District Collectorate, Cuddalore District.
21. The Deputy Director, Geology and Mining, Cuddalore.
22. The Executive Engineer, Public Works Department, Water Resources Department, Mining and Monitoring Division, Villupuram.
http://www.judis.nic.in 51 S.MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
ars W.P.Nos.269 & 2705 of 2019 and WMP Nos.288 & 2960 of 2019 27 .06.2019 http://www.judis.nic.in