TMI Blog2016 (12) TMI 1757X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s stipulated. Ext. R7(b) is the proceedings of the District Collector, Palakkad which is specifically pointed out to contend that the District Collector had made inquiries with all the departments and permitted the carrying on of operations by the 7th respondent. Specific reference is made to paragraph 3, wherein the Geologist, Palakkad has also been called upon to report any objection, which obviously has not been raised. In such circumstance, the NOC's, by the revenue and administrative head, of both the Districts, where the work is now progressing are deemed to have been issued on the consent of all departments within the respective districts. Ext. R7(c) is the explosives licence issued by the Controller of Explosives and Ext. R7(d) (e) are the Short-firer's permit/certificate, to individuals said to be in the employment of the 7th respondent, who allegedly carry on the blasting operations. 3. The National Highway Authority also appears through Counsel and submits that the blasting operations are permitted as per the Specifications for Road and Bridge Works issued by the Ministry of Shipping, Road, Transport and Highways (Specifications of MOSRT H), which stipulat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hway, essentially it is a mining operation as defined under the Mines Act, 1952 and the Mines and Mineral (Development and Regulation) Act, 1957 (for short MMDR Act). 6. By Section 4 of the MMDR Act, any person undertaking reconnaissance, prospecting or mining operation in any area shall do so only with the reconnaissance permit, a prospecting license or a mining lease granted under the Act and the Rules made there under. Section 15 of the MMDR Act confers power on the State Government to make Rules with respect to the grant of quarry leases/mining leases and other mineral concessions, invoking which the KMMC Rules has been framed. It is also pertinent that Section 14 of the MMDR Act as it earlier stood excluded Sections 4 to 13 from application to minor minerals and the same was amended with effect from 1986 by excluding only Sections 5 to 13. Hence Section 4 would be applicable even for minor minerals and admittedly the 7th respondent has not approached the District Geologist for a mining permit. Presumably the omission was only by reason of Rule 106 of the KMMC Rules, which exempted the obligation to obtain a quarrying permit or quarrying lease, when quarrying of minor minera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the definition of 'mining operation' that the activity for winning the mineral must necessarily be an underground activity. The essence of 'mining operations' is that it must be an activity for winning a mineral, whether on the surface or beneath the surface of earth. (sic-paragraph 15) 9. Section 3 of the Mines Act was also referred, to find that the exclusion provided therein would not apply since the respondent was using explosives for the purpose of extraction of rock pieces from the granite hill-rock. This is precisely the work carried on herein too; the only distinction being that it is carried on for the purpose of road widening. Section 3 of the Mines Act as it now exists is relevant and is extracted here-under: 3. Act not to apply in certain cases:-(1) The provisions of this Act, except those contained in sections 7, 8, 9, 40, 45 and 46 shall not apply to-- (a) any mine or part thereof in which excavation is being made for prospecting purposes only and not for the purpose of obtaining minerals for use or sale: Provided that- (i) not more than twenty persons are employed on any one day in connection with any such excavation; (ii) the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... caping from the fact that the requirements there under would have to be satisfied. It is also a given fact that none have examined the depth of the excavation from the highest to the lowest point and in any event the use of explosives is admitted. 11. When the Mines Act is applicable then the Metalliferous Mines Regulations, 1961 (Regulations for short) would be applicable and the short-firers license produced at Exhibits R7(d) (e) would be insufficient to carry out the blasting in a Mine as defined under the Mines Act, as is specified in both the certificates. Rule 144 of the Explosives Rules, 1983, by its proviso provides for a short-firer employed in a Mine to have the qualifications prescribed in the regulations framed under the Act. Regulation 160(2) requires a blaster to be the holder of a Manager's, Foreman's, Mate's or Blaster's Certificate. The other provisions of the Regulations would also have to be complied with as has been dilated upon in Rajmohan Nair. It has also been held in Rajmohan Nair that a license issued in Form 23 of the Explosives Rules, would not be sufficient to carry on blasting in a Mine coming within the purview of the Mines Act, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 15. The fourth proviso to Rule 10, under Chapter II, dealing with grant of quarrying permits and the fifth proviso to Rule 40 of Chapter V, dealing with grant of quarrying leases, as available in KMMC Rules prohibits use of explosives within a distance as specified by the PCB. Hence the 7th respondent would also be obliged to carry out the blasting work only with a consent to operate from the PCB. The understanding of the PCB that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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