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APPLICATION NO. 38/2011 in the MATTER of 1. Rohit

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APPLICATION NO. 38/2011 in the MATTER of 1. Rohit 1 BEFORE THE NATIONAL GREEN TRIBUNAL, NEW DELHI (PRINCIPAL BENCH) APPLICATION NO. 38/2011 IN THE MATTER OF 1. Rohit Choudhury P.O. Lokhujan, Village - Garmur Bokakhat – 785612, Dist.-Golaghat Assam …. APPELLANT Versus 1. Union of India Through the Secretary Ministry of Environment and Forests Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi -110 003 2. State of Assam Through its Chief Secretary, Assam Sachivalaya Complex Dispur, Guwahati Assam - 781006 3. Department of Forest Government of Assam Through the Principal Chief Conservator of Forest (WL) Basistha, Guwahati Assam – 781029 2 4. Karbi Anglong Autonomous Council Through its Principal Secretary Shri Bhupendra Nath Sarmah District Karbi Anglong 5. M/s. Paramount Industries Sri Gopal Kumar Poddar Village-Suljuri, P.O. Bokakhat District Golaghat, Assam – 785612 6. M/s. B.L. Agarwalla Stone Crusher Unit Through its Representative Sri Suresh Kumar Agarwalla District Karbi Anglong Village-Suljuri, P.O. Bokakhat District Golaghat, Assam – 785612 7. M/s. Kaziranga Stone Product Through its Proprietor Sri Mahabit Prasad Agarwalla Village-Latabari, P.O. Bokakhat District Golaghat, Assam – 785612 8. M/s. Baruah Stone Crusher Through its proprietor Sri Ajit Jalan Village-Sapjuri, P.O. Bokakhat District Golaghat, Assam – 785612 9. M/s. Assam Stone Crusher Through its proprietor Sri Syam Sundar Nimodia Village-Suljuri, P.O. Bokakhat District Golaghat, Assam – 785612 10. M/s. Mayur Stone Crusher Through its proprietor Sri Binod Kumar More Village-Borbheta, P.O. Bokakhat District Golaghat, Assam – 785612 3 11. M/s. Maruti Stone Crusher Through its proprietor Sri Gaurav Poddar Village-Borbheta, P.O. Bokakhat Assam – 785612 12. M/s. H.P. Agarwalla Stone Crusher Through its proprietor Sri Hari Prasad Agrwalla Village-Borbheta, P.O. Bokakhat District Golaghat, Assam – 785612 13. M/s. Nimodia Stone Crusher Through its proprietor Sri Sandip Kumar Nimodia Village-Ahomgaon, Borbheta, P.O. Bokakhat District Golaghat, Assam – 785612 14. M/s. Balaji Blue Metal Industries Through its proprietor Sri Kailash Kumar Agarwalla Village-Balijan, P.O. Bokakhat District Golaghat, Assam – 785612 15. M/s. Borah Stone Crusher Through its Representative Sri Rajib Borah Village-Balijan, P.O. Bokakhat District Golaghat, Assam – 785612 16. M/s. Shyam Industrial & Commercial Enterprise (a partnership concern) No. 5, NH – 39, Rong Bong P.O. Kanaighat, District Golaghat, Assam – 785669 4 17. M/s. Tanay Tea (a partnership concern) 5, Rong Bong, via – Telgaram, P.O. Kanaighat, District Golaghat, Assam – 785669 18. M/s. Jallan Golaghat Tea Co. Pvt. Ltd. Represented by its representative Shri Vikas Jallan No. 5, NH – 39, Rong Bong P.O. Golaghat, District Golaghat, Assam …. RESPONDENTS 19. Numaligarh Refinery Local Area Development and Safety Forum H.O. – Numaligarh District Golaghat, Assam – 785669 …. INTERVENER Counsel for Appellant(s): Mr. Ritwick Dutta Counsel for Respondent(s) : Ms. Neelam Rathore for R – 1 Mr. Avijit Roy and Ms. Deepika Ghatowar for R – 2 & 3 Ms. Sumita Hazarika for R – 4 Mr. Ratan Kumar Singh and Mr. Sushil Kumar Kabra for R – 5 to R – 18 Mr. Gautam Dhamija for R – 19 5 JUDGMENT PRESENT: Justice A.S. Naidu (Acting Chairperson) Dr. G.K. Pandey (Expert Member) Dated 7th September, 2012 Hon’ble Supreme Court in the case of Indian Council for Enviro Legal Action Vs. Union of India and others [1993(3) SCALE 579] has observed – tolerating infringement of law is worse than not enacting law at all. The case in hand is a clear example of infringement of law to the optimum. 2. Every Indian is proud of “Kaziranga National Park,” which is not only declared as a National Park, Tiger Reserve under the provisions of the Wildlife (Protection) Act, 1972, but also is declared as a World Heritage Site by United Nations Educational, Scientific and Cultural Organisation (UNESCO). 6 The Applicant is a resident of village Bokakhat, and is concerned about the ecology of the area and future of the Indian Rhino, Elephant and wide species of flora and fauna available in the Kaziranga National Park. He has approached this Tribunal invoking jurisdiction under Section 14(1) of the National Green Tribunal Act, 2010, inter-alia, praying for appropriate directions to the Authorities to safe guard Kaziranga and its ecology. According to the Applicant, unregulated quarrying and mining activities permitted in and around the area of “Kaziranga National Park”, not only threatens the Eco-Sensitive Zone, but also the survival and existence of Rhinos, Elephants and other wildlife species. It is submitted that Kaziranga National Park harbours the largest population of the Indian One Horned Rhinoceros and that its survival is critically dependent on the protection of the boundaries of the Kaziranga National Park as well as the adjoining areas including the Karbi-Anglong hills, from pollution. 3. The Ministry of Environment and Forests (MoEF), it is alleged, showed an apathy to the irregularities, overt acts and 7 several omissions and commissions committed by the Authorities and acted as a mute spectator, to the rampant violation of the provisions of the Environment (Protection) Act, 1986 as well as Rules framed thereunder, in as much as the prohibition and restriction on the location of industries and carrying on processes and operations in different areas prescribed under the Environment (Protection) Rules, 1986 has been given a complete go by. The restrictions imposed under Rule-5 of the Environment (Protection) Rules, 1986 is also followed more on its breach than its compliance. 4. Drawing attention of this Tribunal to the Notification dated 5th July, 1996 issued by the MoEF, it is submitted that the latter on being satisfied that anthropogenic activities cause air, water and land pollution thereby endangering forest, genepool reserves, vegetation and living creatures and that those activities should not be carried out at close proximity so that our natural resources can be protected, and on being further satisfied that Kaziranga National Park is the home of three-fourth of the total population of the Rhino and contains 8 largest single concentration of endangered species and wild animals like swamp-deer, wild buffalo, elephants, tigers and Gangetic Dolphins, it is the only park of its kind with a viable low land grass land-ecosystem in South Asia, in exercise of the powers conferred by sub-section(1) and clause(v) of sub- section (2) of Section 3 of the Environment (Protection) Act, 1986 read with clause (d) of sub-rule (3) and sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, notified that on and from the date of publication of the Notification the expansion of industrial area, township, infrastructural facilities and such other activities which would lead to pollution and congestion shall not be allowed within “No Development Zone” which was specified in the Appendix to the said Notification, except with the prior approval of the Central Government. The Appendix to the Notification is produced herein below for better appreciation: APPENDIX “No Development Zone” The coordinates of the “No Development Zone” around Numaligarh refinery site are as follows: 9 Sl. Longitude Latitude No. 1. 930-32’-49” 260-40’-30” 2. 930-33’-15” 260-41’-45” 3. 930-36’-45” 260-37’-30” 4. 930-40’-30” 260-40’-45” 5. 930-47’-30” 260-43’-40” 6. 930-47’-10” 260-26’-08” 7. 930-58’-30” 260-34’-20” 5. The grievance of the Applicant before this Tribunal is that, in flagrant violation to the aforesaid notification, mushrooming of stone quarries were installed indiscriminately within the “No Development Zone” (NDZ) thereby causing immense adverse impact on the environment, wildlife and ecology. Unfortunately, no action was taken by the Authorities to stop illegal installation of quarries and crushing units, in spite of the fact that the Applicant had submitted several objections / representations and approached the State as well as Central Authorities with a prayer to take action to stop infringement and violation of law. The Applicant also sought information from the Authorities under the Right to Information Act (RTI) and came to know from the replies submitted by the MoEF, vide letter dated 21st July, 2011, that there are no 10 records regarding granting of permission to any of the stone crusher unit near the Kaziranga National Park. 6. Relying upon the GPS Mapping and Google Earth Software, the Applicant brought to the notice of this Tribunal that at least seven (7) stone crushing units are situated within 10 km radius of the Kaziranga National Park and are within the NDZ notified by the 1996 Notification. The Google Earth Map further revealed that many other stone crusher units were also functioning within the NDZ. The applicant, it is submitted having no other way out, had to approach the portals of this Tribunal with a prayer to direct the MoEF to take immediate measures to identify the stone crusher units and other processes, operating in the NDZ and pass necessary direction to stop operation or to vacate and further direct the defaulting units to restore the environment that has been damaged due to their overt and illegal act, to its original position. 7. After receiving notice from this Tribunal, a reply has been filed on behalf of MoEF (R-1) admitting the fact that in the year 1996 a Notification was issued declaring NDZ in and 11 around Numaligarh refinery site which includes the area of Kaziranga National Park. It is, further, averred that in consonance with the direction issued by this Tribunal by order dated 19th April, 2012, the MoEF got conducted an inspection of the site through responsible officers. The officers visited the spot and had submitted a report with a map describing the total area of NDZ and the number of industrial units functioning in the said zone or on its vicinity.
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