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CASE NO.: Appeal (civil)  1907-1908 of 2000

PETITIONER: Mohammed Haroon Ansari & Anr.    

RESPONDENT: The District Collector, Ranga Reddy District, A.P. & Ors.

DATE OF JUDGMENT: 12/12/2003

BENCH: S. RAJENDRA BABU & G.P. MATHUR

JUDGMENT: J  U  D  G M  E  N  T   

[WITH Civil Appeal Nos. 1909-1910/2000,  1911-1912/2000 and 1913-1914/2000]

RAJENDRA BABU,  J.  :

       On the basis of a letter sent to the Chief  Justice of the High Court of Andhra Pradesh, a  petition in the nature of public interest litigation  was entertained to direct the respondents to take  action against the illegal blasting and crushing of  granite for concrete metal in the areas of the  Goldodi, Nanakramguda, hills of Khanapur and  Kokapet in Rangareddy District as a result of  which a lot of fine granite silica dust is entering  into the atmosphere which causes a disease called  ’Silicosis’ to the residents nearby.  Two writ  petitions were filed by the appellants in Civil  Appeal Nos. 1907-1908/2000 calling  for records  of proceedings before the Assistant Director of  Mines and Geology, Hyderabad in respect of grant  of lease over an extent of 5 acres in survey No.  239 of Kokapet village, Rangareddy District, for  quashing the same and for granting appropriate  consequential reliefs.  Similarly,  certain other  persons also filed writ petitions challenging the  action of the Government in stopping the mining  operations in different areas of Kokapet village.   

       The High Court called for a report from the  Assistant Director of Mines and Geology.  The said  Report revealed that there are four quarry leases  and three stone crushers in Kokapet village,  Rajendranagar Mandal;  that the quarries and  crushers are at a distance of 2 kms to the South  of Kokapet village and 20 kms from Hyderabad;  that the ground level water reservoir of Hyderabad  Metropolitan Water Works and Sewerage Board is  located at a distance of 1 km from the stone  quarry, which supplies water to the city of  Hyderabad;  that the Osmansagar lake is also  located at about 3 kms South West of these  quarries and crushers.  After receipt of the Report  of the Assistant Director of Mines and Geology,   the High Court impleaded 17 stone industries and  also directed issue of notice to the Government of  Andhra Pradesh to appoint a Committee of Experts

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to examine whether quarrying, crushing and  blasting activities close to Osmansagar lake and  the ground level water reservoir of Hyderabad  Metropolitan Water Works and Sewerage Board  are endangered by such operations and submit a  report of the said Committee to the High Court.    

       A Committee, consisting of Shri T.  Chattarjee, Member Secretary, A.P. Pollution  Control Board, Shri K.P. Chandrasekhar Rao,  Director (Technical), Hyderabad Metropolitan  Water Works and Sewerage Board, Shri K.V. Rao,  Shri T.V. Chowdary, Director of Mines and  Geology, Hyderabad and Shri P. Babu Rao,  Director, Ground Water Department, submitted its  report on 4.8.1997.   Conclusions and  recommendations of the Committee are as under  :- "(1) As a result of blasting in the quarries,  within a radius  of 1 k.m. the shock waves which are generated, pass  through the joints especially the horizontal joints and  create vibrations in the nearby areas.   The reservoir which  is close by is also within the range of its impact.  Higher  than present intensities of blasting will definitely cause  damage to the reservoir structure.   Thus,  blasting and  quarrying within a range of 1 k.m., already prohibited,  must not be permitted.

(2)     To prevent unathorisied quarrying,  it is suggested that  the approach road must be closed after the gateway of the  GLSR and all activities of unauthorised quarrying must be  stopped forthwith.   Security staff can be contracted for  the purpose by the GLSR authorities. (3)     The authorised quarry and crusher company will lose  approach and can be permitted to build another approach  to their facilities from the Eastern side. (4)     The quarries on the northern flanks of the hill range at  a distance of 1 km from the reservoir will not have any  impact on the reservoir as the joint patterns/systems in  the areas.   The GLSR is on one side of the dispersion  point, the authorised quarries are on the other side of it.    However, as a precautionary measure,  the intensity of  blasting must be kept  at the minimum by fixing the limit  of number holes,  depth of hole and quantity of explosive  per blasting. (5)     There is no impact on Osmansagar lake due to  blasting beyond 1 km radius."

       However, the High Court,  after noticing  various aspects attributed to in the Report,  held  as follows :-

"The distance of 1 kilometre, according to expert  committee is a safe distance between the site under quarry  lease and the residential locality or GLSR.  In fact,  the  distance between them is not only to be safe, but it should  be safer.   As the residents of the village situated nearby  are experiencing tremors as well as dust pollution, it is  always better that no quarry lease should be granted  within a distance of 2 kilometers in future.   Therefore,    respondents 7 to 23 cannot operate quarry leases and  stone crushers.  It is, however, open to them to apply for  areas for quarry lease beyond 2 kilometers from residential  areas and GLSR."

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       On the basis of this conclusion, the High  Court set aside the leases granted in favour of 17  respondents, including the appellants in these  appeals before us. The order of the High Court is  in challenge in these appeals.

       When the matter came up before this Court,   by an order made on 17.2.1998, this  Court  stayed the order of the High Court in so far as the  appellants before this Court is concerned and  restrained the appellants from carrying on any  mining and stone crushing operations within a  distance of 1 kilometer from the lake or service  reservoir and 500 meters from human habitation.    Subsequently,   this Court granted leave in all  these matters and, by an order made on  4.3.2003, asked the parties to get a report from a  competent institution or organisation which has  experience in the field to make a proper  assessment as to the impact on the GLSR in  relation to the activities carried on by the stone  crushers and quarries and file a report.   The said  Report has been made by Center of Mining  Environment, Indian School of Mines, Dhanbad  making an assessment of the impacts of stone  quarries and stone crushers on the ground level  service reservoir on the banks of Osmansagar lake  on the outskirts of Hyderabad city. The said  Committee consisted of Prof. N.C. Saxena,  Professor and Dean who was a mining engineer  and mining environment expert having over 35  years experience,  Prof. Gurdeep Singh, Head,  Center of Mining Environment who was an expert  on environmental pollution having over 20 years  experience,  Dr. (Mrs.) Rekha Ghosh,  Asst. Prof.  who was environmental geologist and  hydrogeologist having over 35 years experience  and Dr. A.K. Pal, Asst. Prof. who was an expert in  environmental pollution having 20 years  experience. The Committee, after studying the  area, nature of mining activities, change in land  use, topography, ground vibrations due to  blasting,  air quality assessment,  water quality  assessment,  noise quality assessment, concluded  as follows :-

"Impacts on Ground Level Service Reservoir (GLSR)

?       As seen in Fig. 1a the GLSR lies on the opposite flank of  the hill with respect of the sites of the quarries of M/s  Saleem Metal Industries, M/s Sulfi Metal Industries,  and  M/s Al-Hira Metal Industries at an aerial distance of about  1.2 km. ?       The blast vibration studies at the site of GLSR indicated  that the level of the vibrations for the nature of blasting  done at the quarries was such that it was below the lowest  detectable limit of the instrument (0.51 mm/sec)  and  hence below the permissible limit (10 mm/sec for  dominant frequency >25 Hz) for the objects of historic  importance and sensitive structures.   Therefore,  the  GLSR is not likely to be affected by blasting at the quarries  of M/s Saleem Metal Industries, M/s Sulfi Metal Industries,   and M/s Al-Hira Metal Industries. ?       It is observed from the wind-rose diagram in Fig. 8 that

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the predominant wind direction in the area was from the  side of the GLSR towards the quarries and crusher sites of  M/s Saleem Metal Industries, M/s Sulfi Metal Industries,   and M/s Al-Hira Metal Industries.   The concentrations of  SPM, RPM, Ox and SO2 in the air were well within the  permissible limits of 200 ug/m3, 100 ug/m3, 80 ug/m3  and 80 ug/m3  respectively for residential areas.  The  concentration of PBS in the ambient air was below the  detectable limit of <0.6 mg/m3.  Hence,  the activities at  the quarries and the stone crushers were not causing any  air pollution at the site of GLSR. ?       The drainage/watershed (Fig. 2) study indicates that  the GLSR and the quarries and stone crushers of M/s  Saleem Metal Industries, M/s Sulfi Metal Industries,  and  M/s Al-Hira Metal Industries lie in two different  watersheds.  Hence,  the run-off from the quarries and  stone crushers cannot reach the site of the GLSR.  Thus,   there is no question of water at GLSR getting polluted due  to the activities at these quarries and crushers.

Impacts on Osmansagar Lake

?       .As seen in Fig. 1a Osmansagar lake lies on the  opposite side of the hill from the sites of the quarries and  stone crushers of M/s Saleem Metal Industries, M/s Sulfi  Metal Industries,  and M/s Al-Hira Metal Industries at a  distance of about 1.5 km.  The dam of the lake is at a  distance of about 4 km from the quarries.  Also the lake  lies in a different area/watershed as is evident from the  drainage map of the area shown in Fig. 2.  Hence,   the  run-off from the quarries and stone crushers can not reach  the lake and pollute the water in the lake. ?       The water quality studies for the lake water (samples  W7 & W8) indicate that the quality of the water available  in the lake was conforming to the potable water standards  (IS 10.500) ?       The ground vibrations due to blasting at the quarries of  M/s Saleem Metal Industries, M/s Sulfi Metal Industries,   and M/s Al-Hira Metal Industries would not reach the dam  site of the lake as its distance was about 4 km from the  mines and the vibration observations at GLSR at a distance  of about 1.2 km indicates that the level of the vibrations  was below the measuring limit of the instrument. ?       In view of the above discussions Osmansagar lake is  not likely to be affected in any manner due to mining and  stone crushing activities of M/s Saleem Metal Industries,  M/s Sulfi Metal Industries,  and M/s Al-Hira Metal  Industries.

Impacts on Kokapet Village

       Kokapet village lies at a distance of about 2 km from  the site of the quarries and stone crushers of M/s Saleem  Metal Industries, M/s Sulfi Metal Industries,  and M/s Al- Hira Metal Industries.   The mining and stone crushing  operations of these industries would not affect the village  in any manner because of the following reasons :

?       .The village being at a distance of about 2 km would not  receive the blast vibrations to affect any building or  structure because the level of the vibrations at a distance  of 1.2 km at the site of the GLSR was below the detectable  limit of the instrument. ?       The ambient air quality at the village was good as the

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concentrations of the SPM, RPM, Nox, So2 and Pb in the  ambient air were well below the permissible limits for the  residential areas (24 hour average).   Hence,  the  quarrying and stone crushing activities at M/s Saleem  Metal Industries, M/s Sulfi Metal Industries,  and M/s Al- Hira Metal Industries were not causing any air pollution  problem at the village. ?       The village would also not receive any run-off from the  site of the quarries and the stone crushers because even if  being in the same drainage system the run-off will be  arrested in the water impoundment before the village."

       We called upon the Pollution Control Board to  respond to the Report submitted by the Center of  Mining Environment, Dhanbad, but the Pollution  Control Board has not contradicted what has been  stated in the said Report.  On the other hand,  it  was averred by them that (a) the RSPM, SPM NOX  and SO2 are within the Ambient Air Quality  Standards prescribed for residential zones, (b)   Noise levels are also within the permissible limits  at some crushers,  (c) the run off from the stone  crushers reaches in the downstream of  Osmansagar lake,  that is, Musi river as seen from  the drainage map.   Pollution Control Board  further stated in their affidavit that :-

"The impact studies done by the Indian School of Mines,  Dhanbad concluded that there will not be any adverse  impacts on GLSR or Osmansagar lake due to the mining  and stone crushing activities of the three crushers which  are located about 1.2 km away from GLSR.  From this  observation, it can also be concluded that there will not be  any impact on GLSR or lake from any other existing  crushers as they are further away from these three  crushers on which studies are made by the ISM."

       We may, at once, notice that the High Court  was persuaded by public interest involved in the  matter in initiating proceedings on the basis of a  letter sent to it.  The anxiety of the High Court  was further exhibited by its concern in the matter  in constituting an expert committee and although  that Expert Committee stated that a distance of 1  km is a safe distance between the site under  quarry lease and the residential locality or GLSR,  but in order to be safer than what the Expert  Committee observed,  the High Court increased  the distance by another 1 km. Particularly when  the assessment  made by the Center of Mining  Environment, Indian School of Mines, Dhanbad,  concluded that there is no impact by the quarry  operations carried on by the appellants before us  on the GLSR or Osmansagar lake or nearby  residential locality,  it is unnecessary to impose  condition that  the distance of  1 km for carrying  out the quarry activities should be converted to 2  km.  The affidavit of Pollution Control Board  indicates that if proper safeguards are adopted as  indicated in the said affidavit, it will not cause any  air, water or noise pollution, much less dust  articles affect the water supply system in GLSR or  Osmansagar lake.  We, therefore, direct that the

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order made by the High Court is modified by  directing that the distance of 1 km is a safe  distance between the site of the quarry leases and  the residential localities or GLSR or Osmansagar  lake.   The guidelines issued by the Andhra  Pradesh Pollution Control Board specified 1 km to  be safe distance between crusher and human  habitation from 17.01.1997. Prior to that it was  only 500 meters away from national Highway and  100 meters away from the State Highway, Major  District roads and other roads.  That is why this  Court granted an interim order earlier and directed  that no mining and stone crushing operations shall  be carried on within a distance of 1 km from lake  or reservoir and 500 meters from human  habitations.   This order will hold good in respect  of all such mining leases which have been granted  prior to 17.12.1996.  It is not necessary to advert  to any other details or arguments raised in the  petitions filed before the High Court or in appeals  before this Court.  Suffice it to observe that the  impugned order of the High Court shall stand  modified only to the extent indicated by us and all  other terms set out by the High Court in regard to  the safeguards to be adopted in maintenance of  environment shall remain intact.  Further, it is  certainly necessary that the appellants before  carrying on any of the mining and stone crushing  activities obtain necessary clearance from the  Pollution Control Board and must comply by such  conditions as may be imposed by the Pollution  Control Board.  It is open to the Pollution Control  Board to take such action as may be necessary to  enforce the conditions imposed by them under the  relevant statutes.           The appeals shall stand disposed of  accordingly. No costs.