Keeping in view the continuous exposure of ancient monuments to peak particle velocity (PPV) arising from blasting, the Supreme Court has issued directions against use of explosives or blasts for mining of any minerals within five kilometres from the compound wall of the Chittorgarh Fort.
The Bench of Justice Sanjiv Khanna and Justice SVN Bhatti further ordered constitution of an Expert Committee within two weeks, to undertake study of environmental pollution and impact on the Fort of blasting operations beyond the 5 km radius.
As per the Apex Court, the Committee would be constituted by the Chairman of Indian Institute of Technology (Indian School of Mines), Dhanbad, Jharkhand, and would constitute of a team of multi-disciplinary experts.
The Bench, however, permitted manual/mechanical mining operations within the five km radius of the historical Fort, subject to a lessee possessing valid lease under law.
The issue pertained to the permission given by the Rajasthan government for mining leases in areas surrounding the Chittorgarh Fort, which were rich in limestone. The extraction of minerals using explosives/blasting operations led to concerns about the Fort’s continuous exposure to peak particle velocity (PPV) generated in the process of blasting.
Residents of Chittorgarh filed a petition in the Rajasthan High Court seeking prohibition of blasting activities within a 10 km radius of the Fort. The High Court banned mining and blasting activities within 10 km of the Fort wall. In view of the polluter pays principle, the High Court directed the mine holders to pay compensation of Rs five crore for restoration of the Fort, of which 90 percent was to be paid by Birla Corporation, which possessed a mining lease for 598.98 hectares (at a distance of about 4.5 kms from the boundary of the Fort).
Birla Corporation moved the Supreme Court against the High Court verdict. The Bench, while issuing notice, observed that the question of complete ban on mining operations around the Fort, even without the involvement of blasting, was not before the High Court.
The Central Building Research Institute, Roorkee was then directed to undertake a comprehensive study of the environmental impact on the Fort due to mining and blasting activities within a 10 kms radius. As per the CBRI, Roorkee report, the vibration and air overpressure induced by blasting in mines of Birla Corporation could be concluded to be absolutely safe as per national and international standards.
The Apex Court, after hearing to arguments from both sides, noted that the issue was undoubtedly of grave concern, and the conflict between the exploitation of mineral wealth and sustaining the neighbourhood, stated pithily, adhered to the principle of sustainable exploitation of mineral resources without adversely affecting the community interest in any manner.
It further noted that the CBRI, Roorkee’s report was not in line with another report placed on record by the Ministry of Coal and Mines, Indian Bureau of Mines, Mining Research Cell.
It said despite reports suggesting that blasting operations can be undertaken beyond the safe distance ought not to be given effect unless examined in a detailed study undertaken by exploring the latest techniques and technologies.
The Bench observed that the scientific/technological advancements could only be ignored if their efficacy as wanting was established in a study undertaken by a committee constituted by this Court.
By choice, this Court would prefer a third-party institution and experts in this branch of engineering/science to undertake the study independently.
The Apex Court issued directions to the Rajasthan government and the State Pollution Control Board for strict implementation of the Solid Waste Management Rules, 2016 and taking of necessary steps.
It further authorised the Rajasthan government and the State Pollution Control Board to direct stopping of blasting operations if the study to be undertaken results in unexpected damage to Fort structures without waiting for court orders. The expenses of the study were ordered to be borne by Birla Corporation.
Senior Advocates Dr. Abhishek Manu Singhvi, Madhavi Divan, Jitendra Mohan Sharma, Dr. Manish Singhvi, Jayant Mehta and Advocate Rao, along with AOR Ajay Kumar Singh, appeared in the matter.