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2016 (12) TMI 1757 - HC - Indian LawsQuarrying operations carried on without the necessary sanctions and permitsblasting operations carried on for the purpose of the construction of a National Highway - prohibited operation or not - Held that:- There should also be an expert opinion taken as to the extent and capacity of blasting permitted, considering the proximity of the residences and the time and frequency to which it has to be limited. The complaint raised by the petitioners is with respect to the large scale damage caused to the residences of the petitioners as also the pollution occasioned. The damage caused to the buildings is by reason of the blast induced ground vibrations, the intensity of which would depend upon the quantity of explosives used, an assessment of which has not been undertaken by the district administration; by itself or through an expert agency. There is also air pollution caused by the generation of air pressure and noise, on the actual blasting, as also the debris thrown into the atmosphere when the rock formations are turned into rubble. The activity hence is also one coming within the ambit of The Environment (Protection) Act, 1986 and The Environment (Protection) Rules, 1986 (referred to as EP Act and EP Rules). The standards prescribed by the PCB hence becomes applicable and without a consent to operate there can be no operations of blasting carried on which effectively is deemed to be a "Mine" as defined under the Mines Act and quarrying of minor mineral is carried on under the MMDR Act. The hazardous effect of blasting carried on has to be assessed and the pollution occasioned too, has to be contained. The 7th respondent would be obliged to carry out the blasting work only with a consent to operate from the PCB. The understanding of the PCB that the requirements would not be applicable to such road widening work is obviously wrong and contrary to the statutory provisions. In such circumstance, the 7th respondent would have to necessarily obtain a mining permit under the KMMC Rules and a Consent to Operate from the PCB so as to carry on the blasting works - It is also to be verified whether the 7th respondent would have to obtain an Environmental Clearance under the Environmental Impact Assessment Notification No. 2006 (SO 1533E) dated 14.09.2006 issued by the Ministry of Environment and Forests and Climate Change; by S.O. No. 141(E) : dtd. 15.01.2016 - The District administration also would have to conduct a study by an expert agency, or the PCB as to the depth and number of holes, their diameter, the quantity of explosive charge used, the influence it has on the impact of the blasts and so on and so forth to regulate the magnitude of the ground vibrations and ensure that no damage is caused to the 'adjacent material' including buildings as has been specified in the Specifications of MOSRT & H; if at all it is permitted as per the specifications issued by the PCB as made applicable by the KMMC Rules. The 7th respondent would be entitled to approach the appropriate authorities and continue with the work after getting the requisite sanctions - petition allowed.
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