SC Issues Direction To Study Impact Of Blasting Operations On Chittorgarh Fort
The Supreme Court issued directions to conduct a comprehensive study on the impact of blasting activities on the historic Chittorgarh Fort.
The Court issued directions to study the impact of blasting for limestone extraction in an ongoing matter concerning the potential impact on the historic monuments including Chittorgarh Fort and adjoining areas.
The Bench comprising Justice Sanjiv Khanna and Justice SVN Bhatti observed, “to undertake the study of environmental pollution and impact on all the structures in the Chittorgarh Fort from the blasting operations beyond a five-kilometre radius, the Chairman, Indian Institute of Technology (Indian School of Mines), Dhanbad, Jharkhand [IIT (ISM)- Dhanbad] constitutes a team of multi-disciplinary experts in civil engineering, earthquake engineering, structural geology and mining engineering, within two weeks from the receipt of a copy of this order and communicates it to the chief engineer of the RSPCB and the Petitioner herein. The chief engineer of the RSPCB shall be the member secretary of the Expert Committee”.
Senior Advocates Abhishek Manu Singhvi, Madhavi Divan and Jitendra Mohan Sharma appeared for the Petitioner (Birla Corporation), Senior Advocate Manish Singhvi appeared for the State and Senior Advocates Jayant Kumar Mehta and Adn Rao appeared for the Respondents (Respondents no 1 to 6 in original PIL).
Responding to apprehensions surrounding the degradation of Chittorgarh Fort and its adjoining areas, a Public Interest Litigation (PIL) was initiated in 1999. The PIL, filed in 2011 by the Respondents against the Union of India and others, aimed to safeguard Chittorgarh Fort by prohibiting blasting within a ten-kilometre radius, restraining the Mining Department from granting leases within the same radius and prohibiting open blasting. The resolution of the Petition considered responses from contesting parties and government departments, addressing the impact of blasting on the Fort.
In light of these concerns, Birla Corporation (Respondent no 20) filed a Petition before the Supreme Court.
The Apex Court permitted the study of cumulative impacts on Fort structures from vibrations and Peak Particle Velocity (PPV) caused by blasting operations, simultaneously prohibiting blasting, including for the proposed study, within a one-kilometre radius from the Chittorgarh Fort boundary. The Central Building Research Institute, Roorkee (CBRI, Roorkee), was tasked with conducting a comprehensive study on the environmental impact of mining and blasting activities within a ten-kilometer radius.
Between November 2013 and September 2014, CSIR-CBRI, Roorkee, conducted an environmental impact study, collecting data during full-scale blasting operations individually and in combinations from the mines. Collaborating with the Central Institute of Mining and Fuel Research (CIMFR), CSIR-CBRI, Roorkee, submitted the report. The Court considered this report along with an abstract provided by the State of Rajasthan based on the impact of blast-induced ground vibration on Chittorgarh Fort.
The Court framed the issue: “Whether blasting operations for limestone extraction, particularly in proximity to Chittorgarh Fort, posed a threat to the structural integrity of the Fort and its historic monuments”.
The Bench observed that Chittorgarh Fort is a notified monument under the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951, and the Ancient Monuments Archaeological Sites and Remains Act, 1958, the State Government regulated limestone use for mining in the vicinity of the Fort.
“The Chittorgarh Fort represents the quintessence of a tribute to nationalism, courage, medieval chivalry, and sacrifice exhibited between the seventh and the sixteenth centuries by several rulers, like the Mewar rulers of Sisodia, their kinsmen, women, and children. The Chittorgarh Fort has weathered and withstood many battles and has been a witness to the power and pride of the kings who occupied the Fort. The history is replete with brave, extraordinary and indomitable courage exhibited by the rulers and occupants of the Fort”, the Bench noted.
Despite contemporary challenges like urbanization, the primary concern addressed by the High Court of Rajasthan in the discussed judgment pertained to a distinct and significant problem. The geological composition of the area, including Vindhyan age limestone formations, with reserves located in Nimbahera city, added complexity to the situation.
The CSIR-CBRI, Roorkee, formed a team to conduct the study, focusing on various aspects such as the impact of blasting, causes of damage to the Fort, tourist access, activities within the Fort colony, traffic flow, and general recommendations for restoring structural integrity. Additionally, a comprehensive Environmental Impact Assessment (EIA) covering all types of pollution related to mining activities was part of the terms of reference.
The Court acknowledged various contributory circumstances, including negligence leading to the deterioration of structures in Chittorgarh Fort, as recorded in a report dated 30.09.2014. To address these concerns, a three-pronged study and action plan were implemented through a Court order. The Court directed Respondent No. 8 to enforce Solid Waste Management Rules, 2016, and control monkey menace and unauthorized littering in Chittorgarh Fort and its vicinity. Orders were issued, and periodic monitoring reports were mandated.
The Court accepted the Petitioner's prayer regarding the use of an electronic blasting system in the proposed study, to limit explosive quantities based on recommendations from the Ministry of Coal and Mines. Additionally, the Bench directed the State to ensure that only notified lessees undertake mine blasting operations, as directed by the Committee. The Court further directed that if other lessee planning mine blasting they must provide comprehensive mining operation data to Respondent Nos. 8 and 12.
Prohibiting blasting operations within a five-kilometre radius of Chittorgarh Fort, the Court constituted a team of multi-disciplinary experts to study environmental pollution and its impact on Fort structures. The study, spanning four months, considered technological innovations and advanced techniques. Respondent No. 8 was directed to prepare a list of leaseholders, and the petitioner's use of an electronic blasting system was allowed within specified limits. Respondent Nos. 8 and 12 were authorized to stop blasting operations if unexpected damage occurred during the study, with the petitioner covering all study expenses.
The Court emphasized the need for proper maintenance of the Fort and addressed issues such as tourist footfall, monkey menace, and waste management. The committee was instructed to submit its report by July 5th, 2024.
Accordingly, the Court listed the matter for July 9, 2024.
Cause Title: Birla Corporation Limited Through Its Managing Director v Bhanwar Singh And Others (2024 INSC 35)
Appearance:
Petitioner: Sarad Kumar Singhania, H.D. Thanvi, Nikhil Kumar Singh, Liz Mathew, Giriraj Subramanium, Akhilesh Talluri, Praveen Kumar, Sunaina Kumar, Kunal Vajani, Kartikey Bhatt, Kunal Mimani, Shubhang Tandon, Akshay Luthra, Tejasvi Kumar, Akshat Sharma, Syed Sarfaraz Karim, Ekansh Bansal, Renu Bhandari, Ambar Qamaruddin, Gagan Gupta, Aditya Samaddar, Mohit Gupta, Vinay Kumar Jain, Hitesh Kumar Sharma, S.K. Rajora, Akhileshwar Jha, Komal, Diya Jain, Madhu Goyal, Nikhil Jain, Mahesh Agarwal, Ankur Saigal, Chitra Agarwal, Vidisha Sawrup, Manavi Agarwal, Divya Singh and E. C. Agrawala Advocates
State: Shubhangi Agarwal, Apurv Singhvi, Rohan Darade and Milind Kumar Advocates
Respondents: Farrukh Rasheed, Reshma Bai Bhukya, Ashish Sharma, Pragati Neekhra, Annam Venkatesh, Rahul Mishra, Dhuli Shiva Shankar, Agrimaa Singh, Ritumbhara Garg, Shaswat Parihar, Sanjay Kumar Visen, Ritam Bara, Ajay Kumar Singh, Niharika Dubey, Shashwat, S. K. Verma, Irshad Ahmad and Sarad Kumar Singhania, Advocates
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