The Bombay High Court at Goa has directed the Goa State Pollution Control Board (GSPCB) to install two closed circuit cameras in or around village Pissurlem along the designated route to enable the GSPCB to ensure trucks carrying ore are strictly adhering to conditions in Regulation 17 and in this order.
The closed circuit camera system shall be regularly monitored by the GSPCB who shall maintain record of the trucks of the respondent No.5 (Private Respondent) passing through the area on a DVR device. Necessary action to be taken by the GSPCB in the event of any truck breaching any of the regulations or other conditions in this order. One monitor showing real time images on the two cameras shall be placed within two weeks from passing of this order in the office of the village panchayat of Pissurlem where the panchayat secretary would be in a position to observe transportation of ore through the village.
The Division Bench of Justice Dhiraj Singh Thakur and Justice Valmiki Sa Menezes disposed of a Public Interest Litigation (PIL) filed at the behest of a citizen from Pissurlem village alleges that transportation of iron ore from an area of lease at Pissurlem through Sonshi Junction, Fanaswadi, Navelim and then to the Amona Jetty is being carried out by respondent No.5 without requisite transportation permits issued by the Directorate of Mines (Respondent No.1) and by the GSPCB (Respondent No.3); it is further alleged in the petition that the iron ore from the ore dumps is being transported on a route passing through a highly inhabited village of Pissurlem, onward to the Amona Jetty, under a permit issued by respondent No.1 which is contrary to and in violation of The Guidelines of Transportation of ore dated 29/10/2014 issued by the Ministry of Environment and Forest and climate change, which stipulate that the transportation of minerals from mines should avoid existing village road network and should not pass through populated areas.
The petitioners had sought the following reliefs:
a. For an order quashing and setting the permit/s issued by the Respondent No.1 Directorate of Mines and Geology to the Respondent No.4 (Private Industry) for the transport of ore through Pissurlem village;
b. For a direction to the Respondent No.1 not to issue any permits for the transport of mineral ore through the existing Pissurlem village road;
c . For an order directing penalties to be levied against the Respondent No.4 for commencing transport operations without air pollution monitoring systems.
Respondent 5 filed an affidavit after being issued notice wherein it has averred that it has obtained all requisite permits and permissions from respondent No.1 and respondent No.3 for transportation of the ore along the route designated by the said respondents through village of Pissurlem, Honda KTC bus stand, Fanaswadi, Navelim and onward to the Amona Jetty. It is the case of respondent No.5 that along this route, there exist two monitoring stations set up by the GSPCB, one at Honda and the other at Fanaswadi for which the respondent No.5 has paid the requisite fees for their installation to the GSPCB.
After hearing the matter, the Court requested the parties to propose an alignment of alternate route for transportation of ore, such that it would avoid passing through Pissurlem village; the petitioners have placed before the High Court a map, which is taken on record and marked “X” for identification, on which the alternate route proposed is marked in red outline while the existing route designated by the respondent no.1 and respondent No.3 for transportation of ore is depicted in yellow outline. The two air monitoring stations on the route at Honda and Fanaswadi are depicted with a green (pinhead) icon on the map. The respondent No.5 has strongly opposed the change in route along the red outline on the contention that the route is not motorable and passes through areas through which it would be impossible for heavy tipper trucks to move over a dirt track which, according to the respondent No.5, at places would require large scale leveling.
The respondent No.1 and respondent No.3 stated before the Court that after inspection of the alternate route along the red outline, they are also of the opinion that this route is not feasible and cannot provide a clear motorable access to heavy tipper trucks. In addition, the respondent no.3 submits that there are no power lines passing through the alternate route which would make it impossible for them to set up air quality monitoring stations which require electrical power for their operation.
Considering all these aspects, the Court held that the prayers sought in the petition cannot be granted. However, considering the fact that the movement of ore laden trucks of the respondent No.5 would cause air pollution, as also considerable amount of inconvenience to the villagers of the Pissurlem, while passing through the route depicted in yellow outline on the plan, in addition to the conditions of grant of permit for transportation of the ore by the respondent No.1 and respondent No.3 , the Bench proceed to pass the following directions:
A. In addition to the specific conditions to be strictly adhered to as set out in Rule 17 (Regulation of Transport and Extraction), of The Goa (Prevention of Illegal Mining, Storage and Transportation of Mineral) Rules, 2013, which stipulate the various conditions to be followed by the transporter, we also direct that the respondent No.5 shall strictly follow the terms set out in the communication dated 06/02/2020 and Dated 06/02/2020 of the Directorate of Mines and Geology which are :
1. The trucks/tippers engaged in transportation of ore shall have sufficient free board after filling the cargo box to avoid spillage.
2. All trucks/tippers engaged in the transportation of or shall be covered with tarpaulin and the tarpaulin shall be properly fastened to the cargo box to ensure the ore does not get air borne or spill on the road.
3. In case of breakdown of loaded trucks/tippers unloading of ore at the road side shall be strictly avoided.
4. The roads within mining lease areas shall be sprinkled with water to suppress dust pollution.
5. Spillage of ore on the public roads shall be removed immediately on occurrence.
6. The respondent No.5 should make suitable arrangements for sweeping of roads affected due to transportation or iron ore.
7. The respondent No.5 should manage the daily trips in staggered manner in consultation with DMG, so that traffic congestion is avoided at major junctions.
8. The Board shall carry out monitoring along the route through the Ministry of Environment, Forests and Climate Change approved lab and monitoring charges be recovered from the transporters/mining firms as per actual.
9. The Department of Mines to provide the transportation route for enabling the Board to identify suitable monitoring locations. The Department may also ensure power supply for the monitoring stations.
10. Speed of ore carrying trucks should be controlled by online GPS monitoring done by DMG through its authorized agency.
11. Road sweeping machines, may be jointly/severally developed in hotspot areas/stretches.
12. The shoulders of the mining transport roads may be tarred whenever needed.
13. Maintenance of public road in the mining area with respect to repair of potholes/widening of roads whenever necessary shall be undertaken from the proceeds of the District Mineral Fund.
14. The operator is required to carry out manual wheel washing in order to clean the wheels of the trucks and subdue dust arising out of it wherever wheel washing stations are not installed.
15. In case the air quality standards are breached the transport frequency should be reduced and the transporters to be levied polluter pays penalty.