BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Application No.165 of 2013 (SZ) In the matter of News Item dated 07.07.2012 in The Hindu about quarrying operations In Sathyamangalam Tiger Reserve Forest VS 1. The Secretary to Government Ministry of Environment and Forests, Paryavaran Bhawan, CGO Complex, Lodhi Road New Delhi 110003 2. The Principal Secretary to Government Department of Environment and Forests, Fort St. George, Chennai 600009 3. The Chairman Tamil Nadu Pollution Control Board Anna Salai, Guindy, Chennai 600032 4. The Collector, Erode District, Erode. 5. The Collector, Coimbatore District Coimbatore. 6. The Managing Director, Tamil Nadu Minerals Limited, Chepauk, Chennai 600005 7. The Commissioner of Geology and Mining, Guindy, Chennai 600032 8. Mr.E.C.Senniappan, Proprietor of M/s.Annamar Granite, No.413/296, Sathy Road, Erode 638 003 9. Mr.R.Jeyaraj S/o Shri Ramasamy Gounder, No.145/4 Goundampalayam (PO) Tiruchengode Taluk, Namakkal District. 10.Tmt.L.Eswari, W/o T.K.Loganathan, Dasanackenpalayam Kavundachipalayam Post Perundurai Taluk, Erode District. 11.K.Indirani, W/o Kuppuraj, No.16, Mariamman Kovil Street, T.M.Palayam. Goppichettipalayam, Erode District. 12.A.Palaniswamy, S/o Periyaswamy, Having office at Avarpalayam, West Pathi (PO), Kunnathur (Via) Avinashi Taluk, Tiruppur District. 13. R.Saravana Kumar, S/o Ramasamy, Office at No.4/578, Nanjappa Nagar, Vellalapalayam Village, Gobichettipalayam 638476 14. T.K.Gopal, S/o Karuppanna Gounder, Office at North Thottam, T.N.Palayam, Gobichettipalayam Taluk, Erode District. 15. S.Selvaraj, S/o Sellappa Gounder, Motor Thottam, Moolapalayam Road, Arakkankottai, Gobichettipalayam, Erode 638 506 16. T.A.Gunasekar, S/o Alagirisamy, No.31, Sathy – Athani Main Road, T.N.Palayam, Gobichettipalayam, Erode 638 506 17. S.Kandasamy, S/o Subramaniam, Residence at Boring Thottam, Chinna Kodivery, Gobichettipalayam, Erode – 638 506 18. P.Magudeshwaran, S/o Palanisamy, Residence at Rathna Nilayam, No.31, Sathy – Athani Main Road, T.N.Palayam, Gobichettipalayam, Erode 638 506 19. R.Paulraj, S/o Rakkiyaboyan, No.172B, Kamaraj Street, T.N.Palayam, Gobichettipalayam, Erode 638 506 20. M.Srinivasan, S/o N.Munusamy, Residence at E.Mettu Puthur, Sathyamangalam, Erode 638506 21. T.C.Nagarajan, S/o Senniyappa Gounder, No.15/8, Karuthiruman Sandu, T.N.Palayam, Gobichettipalayam, Erode 638 506 22. S.Sivabalan, S/o Sankaranarayan, Office at No.83, Baguduthari, Bhavanisagar, Sathyamangalam (TK) Erode District. 23. T.R.Velusamy, S/o Ramasamy, No.88/45, Union Office Road, T.N.Palayam, Gobichettipalayam, Erode 638 506 24. A.Thangaraj, S/o Alagirisamy, No.107/4, Mugambikai Nagar, T.N.Palayam, Gobichettipalayam, Erode 638 506 25. K.Prabhakaran, S/o M.S.Karupusamy, Office at Modurpalayam, Koodakarai (Post) Kaasipalayam (Via) Gobi (TK), Erode District. 26. N.Thangavel, S/o Nagappa Gounder, Office at No.20, Ex-Service Colony, Bhavanisagar, Sathyamangalam (TK) Erode District. 27. Sarasammal, W/o Subramani, Office at Nallroad, Thoppampalayam (Post) Bhavanisagar, Sathyamangalam (TK) Erode District. 28. C.Ramasamy, S/o Chinnaya Gounder, No.34G/13, Kurungi Nagar, Kaaramadai, Mettupalayam (via) Kovai District. 29. G.A.Venkatesan, S/o G.S.Appachi Gounder, Office at Godapalayam, Thoppampalayam (PO) Bhavanisagar (via), Erode District. 30. N.R.Appusamy, S/o Ramasamy Gounder, Office at No.281/4, Anna Nagar, Thopampalayam, Sathy (TK), Erode District. 31. V.K.Ravi, S/o K.G.Karupusamy, Office at No.6B, Gowdham Garden, Atthipalayam Road, No.4, Veerapandi, Kovai 19 32. M.Thimmakkaal, W/o Maaraiyagowder, No.14, Kdepalayam, Thoppampalayam, Sathiyamangalam (TK) Erode Distrct. 33. Elju Eldho Thomas, S/o K.T.Eldon, Office at No.12/218, Puthuuravyal, Marthomaa Nagar (Post) Goodalur. 34. N.Thangavel, S/o Nagappa Gounder, Office at No.20, Ex-Service Colony, Bhavanisagar, Sathyamangalam (TK) Erode District. 35. T.K.Loganathan, S/o Kolandasamy Gounder, Thasanaikanpalayam, Kavundachipalayam Post, Perundurai Taluk, Erode 630112 36. R.Selvaraj, S/o P.Ramasamy, 46, Manimekalai Street, Puthupalayam, Gobichettipalayam Taluk, Erode 638 452 37. R.Ganesh, S/o B.Ramasamy, 399, Anna Nagar, Bhavanisagar, Sathyamangalam Taluk, Erode 638 451 38. S.Ganesa Moorthy, S/o Sennimalai Gounder, Sri Saptha Giri Illam, Neagamam First Street, Konamoolai, Sathyamangalam Taluk, Erode 638 402 39. R.Nagarajan, S/o Ramasamy Gounder, Majara Thayirpallam Pudhur, Ekkarai Thathapalli, Sathiyamangalam Taluk, Erode 638 451 40. T.P.Perumal, S/o Palani Gounder, Chinnannan Street, T.N.Palayam, Gobichettipalayam, Erode 638 506 41. R.Eswari, W/o T.K.Rathinasamy, 118/147, Kamaraj Street, Vaniputhur, Gobichettipalayam, Erode 638 506 42. A.Govindarajan, S/o Arunachala Mudaliyar, 32, Kalkothu, Bhavani Sagar, Sathyamangalam Taluk, Erode 638 451 43. S.Oothisamy, S/o Sennimalai Gounder, 374/C, ARR Thottam, T.N.Palayam, Gobichettipalayam Taluk, Erode 638506 44. N.Rajagopal, S/o Nagappa Gowda, Office at No.10, Ex-Service Men Colony, Bhavani Sagar (Post) Bhavanisagar, Sathyamangalam (TK) Erode District. 45. K.C.Sundaram, S/o Chinnasamy, Office at No.29T, Nallangattu Thottam, A.Komarapalayam, Annur, Kovai District. 46. A.Thulasiyammal, W/o Arukutti Kounder, Office at No.79, Avinasi Road, Annur, Kovai District 47. K.Mohanraj S/o R.Kondaswamy, No.304, G.V.Residency, Coimbatore – 28 .. Respondents Counsel appearing for the applicant: Counsel appearing for the Respondents: Smt.C.Sangamithirai for R1 Smt.H.Yasmeen Ali for R3 M/s.M.K.Subramanian for R2, R4 to R7 Smt.Nalini Chidambaram, Senior Counsel for Sri S.Kulandaisamy for R8, R9 & R35 Sri R.Amarnath for R10 M/s.E.Vijay Anand & R.Shivakumar for R11 to R19 & R21 to R34 &R36 to R44 Sri. M.Nandakumar for R20 M/s.K.M.Vijayan Associates for R45 &R46 M/s.R.Rajiv Gandhi, V.Pandian & M.Ramesh for R47 O R D E R Present Hon’ble Shri Justice Dr.P. Jyothimani, Judicial Member Hon’ble Prof.Dr.R. Nagendran, Expert Member 1. Whether the judgement is allowed to be published on the internet ..... Yes/No 2. Whether the judgement is to be published in the All India NGT Report .... Yes/No - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - ---- 14th September, 2015 - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - --- This application has been taken up suo motu on the basis of a newspaper report stating that in the forest area at Sathyamangalam, some illegal quarrying have been going on. 2. In fact, we have passed an interim order against such quarrying activities. Subsequently, many quarrying operators were made as parties numbering respondent Nos.8 to 47. Some of the respondents have filed application to vacate the order of stay. It is stated that these quarries are situated beyond 10 km from Sathyamangalam Tiger Reserve Forest. 3. Mrs.Nalini Chidambaram, the learned counsel appearing for a few of the respondents has brought to the notice of this Tribunal about the judgement passed by the Hon’ble Supreme Court reported in Goa Foundation vs.Union Of India reported in 2014 (6) SCC 590 dated 21.04.2014, wherein the Hon’ble Supreme Court has clarified the earlier order passed the Hon’ble Supreme Court reported in Goa Foundation vs. Union of India (2011) 15 SCC 791) dated 04.12.2006. 4. It was felt that under the said order dated 04.12.2006, the Hon’ble Supreme Court has prohibited mining activities within 10 km distance from the boundaries of National Parks and Wildlife Sancturies. It was this observation dated 04.12.2006 which was clarified by the Hon’ble Supreme Court in the above said judgement reported in Goa Foundation vs.Union Of India reported in 2014 (6) SCC 590 dated 21.04.2014. The Hon’ble Supreme Court has held that the judgement dated 04.12.2006 has never restricted the mining activities within 10 kms of the eco sensitive zone from the boundaries of the Wildlife Santuaries or National Parks and therefore there was no direction on 04.12.2006, interim or final, of the Hon’ble Supreme Court, prohibiting mining activities within 10 km of the boundaries of National Parks or Wildlife Sanctuaries. The Supreme Court in fact held that as directed earlier, the Central Government should take into consideration the claims of all the stakeholders before closure of such mining activities, including the project proponents and huge number of employees who are likely to be affected and therefore any decision should be taken only after hearing of all the persons who are likely to be affected by such a decision. The clarification has been made explicit by the Hon’ble Supreme Court in Page 50 to 52 of judgements which are extracted as follows: “50. When, however, we read the order dated 04.12.2006 of this Court in Goa Foundation v. Union of India, we find that the Court has not prohibited any mining activity within 10 kilometre distance from the boundaries of the national parks or wildlife sanctuaries. The relevant portion of the order dated 04.12.2006 is quoted hereinbelow (SCC pp 792-93, paras 4-5) 4. The Ministry is directed to give a final opportunity to all States/Union Territories to respond to its Letter dated 27.05.2005. The State of Goa also is permitted to give appropriate proposal in addition to what is said to have already been sent to the Central Government. The communication sent to the States/Union Territories shall make it clear that if the proposals are not sent even now within a period of four weeks of receipt of the communication from the Ministry, this Court may have to consider passing orders for implementation of the decision that was taken on 21.01.2002, namely, notification of the areas within 10 km of the boundaries of the sanctuaries and national parks as eco-sensitive areas with a view to conserve the forest, wildlife and environment and having regard to the precautionary principles. If the States/Union Territories now fail to respond, they would do so at their own risk and peril.