TaxTMI 
TaxTMI 
2016 (12) TMI 1757
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....ectronic detonators, without notice and frequently too, shaking the very foundations of the residences of the petitioners, causing untold misery to their life and damage to property. 2. The learned Counsel for the 7th respondent, who is the contractor has produced permissions and sanctions acquired from the various authorities. Ext. R7(a) is the proceedings of the Additional District Magistrate, Thrissur, granting permission to carry on the drilling and blasting works for the six-lane work of Wadakkanchery - Thrissur NH 47, on certain conditions 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....
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....xhibit R7(a) & (b) is to be immediately noticed, which speaks of a permission from the Geologist to be obtained as per the Kerala Minor Mineral Concession Rules, 2015 (for brevity KMMC Rules), if mining is found necessary. Though a mine or quarry, as such, is not carried on by the respondents, for the purposes of the road work carried on, effectively the land is quarried and the subsoil and minerals are removed. The terrain being rocky, blasting operations are also carried out and despite the work being for the purpose of widening the National Highway, 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 i....
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.... definition of 'mine' the term 'excavation' in the ordinary sense, means 'hole' 'hollow' or 'cavity' made by digging out. But the word 'any' prefixed to 'excavation' in the context of the phrase 'for the purpose of searching for or obtaining mineral' gives it a much more extensive connotation, so that every 'excavation' be it in the shape of an open-cast cavity or a subterranean tunneling, will fall within the definition of 'mine'. Similarly, it is not a requirement of 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 purpo....
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...., the provisions of this Act not set out in sub-section (1), shall become immediately applicable, and it shall be the duty of the owner, agent or manager of the mine to inform the prescribed authority in the prescribed manner and within the prescribed time about the non-fulfillment." 10. The existence of any of the conditions in clause (a), (b) or (c) would at once attract the provisions of the Mines Act, as has been held in AIR 1987 SC 1253 (Joint Director of Mines Safety V. M/s. Tandur and Nayandgi Stone Quarries (P) Ltd.). The legislative intent so declared, as manifested by the scheme of the Mines Act, though found to be primarily, to ensure the safety of the workmen; there is no escaping 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 ....
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....d be more time consuming and strenuous. 14. 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 c....