F.I.Rebello,J. - (1.) Various orders have been passed in the present petition. The record does not show that the petition was formally admitted. In the light of that. Rule. Respondents waive service. Heard forthwith.
(2.) The petitioners had approached this Court on the ground that dumping of rejects had been done outside the leased area and the activities are being carried out in a haphazard manner, in total disregard of the environmental laws. The petitioners are owners of the properties as set out in paragraph 1 of the petition. Petitioner No.5 is a Society formed by the farmers of the Village having membership at the time of filing the petition of around 30. It is the petitioners contention that the Government of Goa had appointed Tata Energy Research Institute (TERI) to study and submit a report on impact of mining environment in Goa. The petitioners have reproduced the conclusion of the report, in which it is set out that the mining companies have led to the economic degradation in Goa. No effective measures have been taken to control the land, air and water pollution. The run off from the dumps, pit water discharge and tailing ponds overflowing account for most of the sediment loads in rivers/streams/nallahs. The most affected rivers are Madei and Khandepar. Some of the mining companies have their dump right on the river banks from which there is run off directly into the rivers during the monsoon. Run off from the dumps have affected about 320 Ha. of agricultural land due to silting. An air index quality developed for the Villagers in the mining areas shows that in many villages population is exposed to poor/bad air quality. Dust pollution is a major problem in certain areas. It is also pointed out that scarcity of water is common in all mining areas and is acute in some villages. It is also pointed out that the sites where the mines are located are all forests areas. A chart has been shown to point out that during the period from 1988 to 1997, the Goa has lost a vegetative cover of 2528 Ha., based on the table relied upon by TERI. The petitioners have also complained of violation by respondents No.10 to 14 of the laws in force. They also pointed out that though they have made various complaints, no effective steps were taken. Ore is being transported in open trucks, thereby causing air, water and sound pollution. Though the capacity of trucks carrying ore is 10 tons, they load 13 to 18 tons each. It is also pointed out that some amongst respondents No.10 to 14 have erected on Government land, and at any rate without obtaining proper consent from the Central Pollution Control Board or the State Pollution Control Board. The petitioners have also set out the conditions under which the mining plans have to be submitted. It is specifically set out that respondent No.10 has diverted the Advai nallah in Survey No.31/1 of Village Pissurlem and this diversion has been done without proper approval. There are other averments. Relief was sought for to produce the copies of the mining plans along with environment impact assessment and the plans thereto and also to make them available for inspection by public at the Panchayat or in their own offices. Further relief sought was to arrange for a mechanism to get the assessment of the crop loss suffered by the villagers of Advai, done every year and for payment of compensation to the concerned Villagers within the deadline to be fixed by this Court along with arrears thereto; for a further direction to respondents No.10 to 14 to stop dumping on the disputed dumps forthwith and also to take all preventive steps to avoid any further collapse of the dumps by way of construction of laterite stone walls, tailing ponds etc.; for a further direction to the respondent to ensure desilting of the Advai Nallah and also construct the side walls thereto on either sides as well as to desilt some part of Madai river wherein there is lot of accumulation of mining silt. It has transpired that various suits were also filed which have subsequently been withdrawn.
(3.) On behalf of the Goa State Pollution Control Board, an affidavit was filed by Shri Anil A. Parulekar. In his affidavit, it is pointed out that under the provisions of the Water (Prevention and Control of Pollution) Act, 1974, the activities like discharging sewage or trade effluent comes under the purview of the Pollution Control Board as their consent is required. Similarly under the provisions of the Air (Prevention and Control of Pollution) Act 1981 consent is required to establish or operate any industrial plant in an air pollution control area for emitting any air pollutants in the atmosphere. It is then submitted that as per the specific provisions contained under the Mineral Conservation and Development Rules, 1988 framed under the Mines and Minerals (Development and Regulation) Act, 1957, the mining plans are approved by the Indian Bureau of Mines. It is pointed out that the management of the reject dumps is also a part of the Environment Management plan and does not require consent of the Board under the provisions of the Air and Water Acts mentioned. An affidavit was filed by Mr. S.D. Sayanak, Ex-Officio Additional Secretay to the Government, Irrigation Department, now known as Water Resources Department. It is pointed out that the State Legislature has passed the Goa, Daman and Diu Irrigation Act, 1973 (Act 18 of 1973). Provisions therein have been made for the purpose of protection of canals and a Canal Officer is appointed as defined under Section 2(3) of the Act. It is further stated that the silt flowing into the Advai Nallah, steps have been taken for desilting the same and in that connection, the steps which are taken from October, 1996 onwards are set out. It is then set out that the work was being done of desilting of Advai Nallah and similarly, protective measures are also been taken and contribution is made by each company. It is further set out that efforts are being made to protect the flow of silt in the catchment area as well as in the said nallah. The desiltation is a continuous process and the department is taking all and whatever steps possible to protect the flow of silt in the nallah and in that connection, steps are being taken. The Canal Officer under the provisions of the Goa, Daman and Diu Irrigation Act, 1973 is also instructed to see that the silt is removed by the respective companies before the onset of the monsoon and also to take appropriate protective measures. He has also written a letter to the Chairman of Advai Nallah Desiltation Committee. It is set out that the Department is also storing water under the Minor Irrigation Project by means of construction of bandharas for supply of water for agriculture. Inspection Report dated 23.4.2001 prepared by the Mamlatdar of Satari Taluka, is on record which shows that the Advoi Nallah which originates from Ovaliem Village and passes through Pissurlem, Advoi and Madai is full of silt which in a length of 8.5 kms. Desiltation is required to be taken up by the Mining Companies on priority basis and is to be completed before the onset of monsoon otherwise overflow will damage the adjoining properties consisting of cashew, arecanut and coconut gardens. Dumps of respondents No.10 to 14 are at the side of Advoi Nallah. It is set out that as per directions of this Court, the mining companies have stopped dumping rejects. The various steps required to be taken by the respondents are set out.;