A CITIZEN Vs. DISTRICT COLLECTOR R R DIST

JUDGEMENT

(1.) A citizen without disclosing his identity sent up a petition dated 27-1-1997 to the Hon'ble the Chief Justice of High Court of A.P. slating that some unscrupulous stone crusher owners are plundering the natural resources, more particularly granite wealth, in Tchgal dodi, Nanakramguda, Hills of Khanapur and Kokapct in Ranga Reddy District, that district administration and law implementing authorities are not taking any action, that due to blasting and crushing of stones a fine granite silica dust is entering into ihe atmosphere which causes silicosis disease, that there is great danger for mass rise of respiratory diseases at Jubilee Hills, Mehdipatnam, Toli Chowki areas of City of Hyderabad. Petitioner, therefore requests to ban all the activities of granite crushing in those areas.

(2.) The Registry has registered the petition as Writ Petition No.7326 of 1997 entertaining the same as Public Interest Litigation after obtaining necessary orders from the Hon'ble the Chief Justice on'7-4-1997 as it pertains to environment pollution.

(3.) On 2-5-1997 we have directed notices to respondents and also called for report from the Secretary to Government Mines and Geology Department touching the allegations in the petition. When the matter came up on 25-7-1997 we passed the following order : "Heard. On 2-5-1997, the Court directed the Secretary to Government of Andhra Pradesh, Mines and Geology Department to report in respect of the allegations in the petition. The Secretary, it appears, has chosen to keep away and instead entrusted the Assistant Director of Mines and Geology, Hyderabad to do the job. The Assistant Director has submitted his report to the Director of Mines and Geology and the same has been forwarded to the Court. The Secretary, it appears, has not even the ordinary courtesy to acknowledge the directions of the Court and report back even if he thought some officer who has expertise to do the necessary inquiry be entrusted to prepare the report. After perusing the report, we are of the opinion that following stone quarrying and crushing industries be impleaded as party respondents to the proceeding : (1) Kumar Crushers, Nanakramguda village; (2) A.K. Metal Industries, Nanakramguda village; (3) Mohd. Haroon Ansari, Kokapet village; (4) M/s. Saleem Metal Industries, Kokapet village; (5) Al-Heerah Metal Industries, Kokapet village; (6) M/s. Sulfi Metal Industries, Kokapet village; (7) M/s. Modern Stone Crusher, Kokapet village; (8) Kalyan Chakravarthy, Kokapet village; (9) Ganesh Metal Industries, Gowlidoddi Gopanpally village; (10) D. Shankcr, Gowlidoddi, Gopanpally village; (11)M.A. Nayyem, Gowlidoddi, Gopanpally village; (12) Nayeem Metal Industries, Gowlidoddi, Gopanpally village; (13) Srirama Metal Industries, Gowlidoddi, Gopanpally village; (14) K. Anjancyulu, Gowlidoddi, Gopanpally village; (15) K. Chandramouli, Gowlidoddi, Gopanpally village; (16) S. Basheer, Gowlidoddi, Gopanpally village; (17) City Stone Metal Industries, Gowlidoddi, Gopanpally village. It is also stated in the report that some illegal quarrying and crushing is going on in village Khanapur by some local waddars. The quarries and Stone Crusher units in villages Nanakramguda and Kokapet village, the report states are existing only at a distance of one kilometre from the habitation and in Kokapet although the settlement is slightly at a longer distance tlian one kilometre, "the ground level water reservoir of Hyderabad Metropolitan Water Works and Sewerage Board is located at a distance of one kilometre from the stone quarry and Osman Sagar lake is located about 3 Kms. South West of these quarries/ crushers". The Crushing Units in Gowlidoddi, Gopanpally village are located at a distance of 1/2 kilometre of the habitation. Report also says that due to blasting operations, the vibrations/shock waves are being felt by the villagers whenever blasting operations are being carried out. It is not known, the report states, whether any clearance was obtained from A.P. Pollution Control Board before setting up of such Crushing Units and that the Mines and Geology Department of the Government of the State is not aware of any norms or yardsticks to assess the effect of dust pollution generated by the Crushing Units. On the facts above, we are inclined to order for adding the above named quarry lease holders and the owners of the Crushing Units as party respondents. It is ordered accordingly. Let notice issue to the newly added respondents through the District Collector, Rangareddy, returnable within two weeks, who is directed to ensure that notices of the instant proceeding are served upon them without fail. Let notice also issue to the A.P. Pollution Control Board, Hyderabad to take immediate steps to find out whether or not the quarrying and stone crushing operations as above are causing any water and air pollution and health hazard by spreading dust in the area, noise and smoke on account of blasting and for other reasons. The Secretary to Government of Andhra Pradesh, Mines and Geology Department is directed to produce before the Court the norms as respects the distance of locating quarrying, stone crushing units etc., from the habitants and other norms and guidelines in this behalf by filing a personal affidavit stating clearly whether such norms aid guidelines were applied while granting leases and/or permissions to operate quarrying and stone crushing units in the area. The Chief Secretary, Government of Andhra Pradesh is directed to appoint a Committee of Experts to examine whether quarrying, crushing and blasting activities close to Osman Sagar lake and the Ground Level Water Reservoir of Hyderabad Metropolitan Water Works and Sewerage Board are endangered by such operations and submit report of the said Committee within two weeks. Put up after two weeks." By an order dated 14-8-1997 we directed some more writ petitions viz., WP No.21335; 22805 of 1994; 2498 of 1995 and 16531 of 1996, to be posted along with Writ Petition No.7326 of 1997 on 18-8-1997. On 19-8-1997, the following interim order is passed : "These cases have been ordered to be posted for orders for the reason of a report of the Experts Committee duly forwarded by the Chief Secretary of the State that mining operations and blasting of stones close to and in the vicinity of the ground level service reservoir in village Kokapet and, within one kilometre radius of the habitation have endangered the reservoir as well as the habitants. Learned Counsel for the petitioners, however, have prayed for time to study the report and make submissions, if any, in the light of the report. They have been authorised by their clients to undertake that no mining or blasting operations shall be continued by the petitioners and/or any other persons in the lease hold in S.Nos.239 and 240 until further orders. In view of the said undertaking, put up after ten days.''Writ Petition No. 19159 of 1994 :This writ petition is filed by the 10th respondent in Writ Petition No.7326 of 1997 which is the main writ petition and the parties hereinafter referred to as per the array of parties as shown in the said writ petition. Respondent No. 10 has filed this writ petition challenging the notice dated 1-10-1994 issued by Assistant Director of Mines and Geology, directing it to stop quarrying operations in its lease hold area of Ac.7-00 cents situated in Survey No.239 of Kokapet village.Writ Petition No. 20914 off 994 :Similarly the 9th respondent filed this writ petition questioning the proceedings dated 7-10-1994 issued by the Assistant Director of Mines and Geology, directing the petitioner to stop mining operations in Survey No.239 of Kokapet village in an extent of Ac.5-00 cents in terms of the lease granted to him.Writ Petition No.21335 of 1994 :Similarly, respondents 9 and 11 filed the above writ petition questioning G.O. Ms. No.423, dated 2-11-1994 issued by the Government prohibiting quarrying operations in the lease hold extent of Ac,5-00 cents in Survey No.239 of Kokapet village.Writ Petition No. 22805 of 1994 :This writ petition is filed by M/s. Crown Stone Crusher Industry, represented by its sole Proprietor, Siraj Anwar, challenging G.O. Ms. No.423, dated 2-11-1994 whereunder Government prohibited quarrying operations for stone and metal in the entire revenue village of Kokapet village.Writ Petition No.16531 of 1994 :The same petitioner filed the above writ petition also questioning G.O. Ms. No.423, dated 2-11-1994 prohibiting quarrying operations for stone and metal in the entire revenue village more so an extent of 1 hectre of land in Survey No.239 of Kokapet village, since the lease granted in favour of the petitioner is determined.Writ Petition No.2498 of 1995 :Respondent No. 15 is the petitioner in this writ petition, who questions G.O. Ms. No.425, dated 4-11-1994, whereunder the lease granted in favour of the petitioner is determined.