9911796707
TMI Blog2011 (3) TMI 1761X X X X Extracts X X X X X X X X Extracts X X X X ..... passed on 1.3.2007. The 5th respondent thereupon filed W.P(C)No.16137 of 2007 in this Court. That writ petition was disposed of reserving liberty with the 5th respondent to challenge the order rejecting his application in appeal before the Land Revenue Commissioner. The 5th respondent thereupon filed an appeal before the Land Revenue Commissioner under rule 169(4) of the Explosives Rules. By Ext.P1 order passed on 16.10.2007 after notice to and hearing the 5th respondent, the Desamangalam Grama Panchayat and the Janakeeya Karma Samithi, Desamangalam, represented by its Secretary, the Land Revenue Commissioner allowed the appeal and directed the District Collector, Thrissur to issue the No Objection Certificate subject to the safety measures proposed by the Center for Earth Science and Studies, hereinafter referred to as the CESS for short. The Land Revenue Commissioner also directed the District Collector to set up a Local Monitoring Committee to ensure that the licensee continues to comply with the conditions under which the No Objection Certificate is issued. The District Collector, Thrissur thereafter issued Ext.P2 No Objection Certificate in order to enable the 5th respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e at the instance of other residents of the locality was repelled by this Court in Exts.R5(a) and R5(b) judgments, that the Kerala State Pollution Control Board has issued a consent to operate the quarry, that the said consent to operate the quarry [Ext.R5(c)] is valid upto 30.6.2012 and that it also holds a licence issued by the Thrissur District Industrial Single Window Clearance Board to run the quarry besides other statutory licences and clearances. It is contended that the functioning of the quarry will not cause any environmental problems and that the 5th respondent is conducting the quarrying operations strictly adhering to the terms and conditions stipulated in the No Objection Certificate. 4. The second respondent, the Environmental Engineer, Kerala State Pollution Control Board, Thrissur has filed a counter affidavit dated 9.9.2010 wherein it is stated that the 5th respondent has obtained consent to operate the quarry, that the quarry is surrounded on all sides by a rubber plantation, that the petitioner's residence is more than 200 metres from the east face of the quarry and that the sound level at a radial distance of 100 metres from the blasting face of the q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to operate the quarry was granted on 4.7.2009 and it is valid upto 30.6.2012. The petitioner has however, not chosen to challenge the said consent to operate issued by the Kerala State Pollution Control Board. In such circumstances as the 5th respondent has established a quarry and the Kerala State Pollution Control Board has given consent to the 5th respondent to operate the quarry, I am of the opinion that at this distance of time the petitioner cannot successfully challenge Ext.P4. 7. Then the only question is whether the petitioner is entitled to the second relief prayed for, namely for an order directing the CESS or any other competent authority to assess the damage done by the 5th respondent to the environment. Apart from vaguely alleging that the quarrying operations conducted by the 5th respondent have caused serious environmental imbalance and that the 5th respondent has also violated the terms and stipulations in the consent order issued by the Kerala State Pollution Control Board, the licence granted by the Director of Mining and Geology, the terms and conditions of the No Objection Certificate issued by the District Collector and the explosives licence issued under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot stated that the area is the epicentre of the Earthquakes Zone. It has said that the area is volnerable to earthquakes and that stress accumulation is likely to be on an East West fault, coinciding with the Bharathapuzha River. The micro tremors, which occurs in the region where the quarry is proposed does not have any significant effect on engineering structures but can be disturbing to the local population. The Earth tremors which will be caused if the amount of explosive used is high and if the hole in which it is detonated is deep, is quite different from the tectonic earthquakes which is apprehended by the local population. To generate a micro tremor of 0.5 on the Richter scale explosion of 5.6 kg. of TNT will be needed. Normal quarry uses only 150 grams of explosives and that too at depth of 1.5 metres. Therefore, the contention of the counter petitioners that quarrying can lead to earthquakes is not borne out by scientific evidence. (emphasis supplied) In order to reduce the environmental impact CESS has also submitted a set of recommendations. The report also makes clear that the nearby water tank or the dam (engineering structures in the report) is unlikely to be af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent has however stated that he has no objection in the Local Monitoring Committee constituted as per Ext.P3 order inspecting the unit periodically. It is evident from the materials presently on record that though a Local Monitoring Committee has been constituted by the District Collector as per Ext.P3 order dated 28.11.2007 the Local Monitoring Committee has not periodically inspected the petitioner's quarry. In such circumstances even while declining to grant the reliefs prayed for in the writ petition, I am of the opinion that the Local Monitoring Committee constituted by the District Collector as per Ext.P3 order dated 28.11.2007 should conduct periodical inspections of the quarry run by the 5th respondent every month and ensure that the 5th respondent is running the quarry in strict adherence to the terms and conditions of the No Objection Certificate. The District Collector, Thrissur shall take necessary steps to ensure that this direction is complied with and the Local Monitoring Committee inspects the quarry once a month and submits periodical reports to him. Subject to the above observation the writ petition is dismissed. No costs. - - TaxTMI - TMITax - I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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