NatConnect Foundation

assets/blog-post/A single operator in Ambernath has excavated 9.88 hectares against allotted four hectares, causing environmental damage
MUMBAI,July 17 (The CONNECT)- : Green activists have decided to move the Supreme Court against the Thane district collector’s failure to collect Rs 190-cr penalty imposed on a stone quarry operator for excavating beyond the allotted area in violation of the Environmental Protection Act.
A division bench of Chief Justice Alok Aradhe and justice Sandeep V. Marne ruled on July 3, while disposing of a writ petition by environmental activist Nandakumar Pawar and others, that the Thane collector had already imposed the penalty on the erring operator for two cases of violations. The revenue official should implement his own order, the Court ruled.
The quarry operator, Vishwanath Panveklar, was originally allotted four hectares in 2009 for quarrying for five years which was subsequently renewed. But he has exceeded the limits and excavated 9.88 hectares, the petitioners argued and presented satellite imagery.
Pawar and others have earlier taken up the matter with various authorities and Tahsildar and Executive Magistrate, Ambarnath.
The Collector himself measured the excavation with the help of an ETC machine, which indicated that the operator had excavated 2,77,859 brass of minerals in one case and 1,30,116 brass in a second instance.
The collector on February 4, 2024 had imposed a penalty of Rs.10,71,44,926 and 1,79,58,61,032 which was yet to be collected.
Describing the issues raised by Pawar and team as an eye-opener, environment watchdog NatConnect Foundation called for a CBI investigation into the entire quarrying across Maharashtra.
There has been indiscriminate quarrying in places such as Thane and Raigad districts with no checks whatsoever and this is causing losses to the exchequers as the violators evade royalty payment, NatConnect director B N Kumar said.
Meanwhile, the HC Bench observed that nothing remains to be adjudicated in the PIL petition since penalty orders are already issued against the respondent quarry operator.
The Collector shall take appropriate action for recovery of the royalty as well as penalty for excess excavation, the order said.
The Bench remarked that the issue raised in this PIL petition appears to have a "very serious dimension"  if the averments made are correct. The alleged illegal mining has the “potential of destructing the environment and cause even pecuniary loss to the State coffers”, the Bench said.
Pawar said the issue is very serious and the courts must address the gross environmental damage caused with the blasting of the hills way beyond the allotted area. Hence, we are moving the apex court, he said
The High Court also did not entertain Pawar's plea against the lease for the quarry as there was a “gross delay” in approaching the court. The lease was granted in the year 2015, the Bench pointed out. The petition was moved in September 2024.
Advocate Zaman Ali has dashed off a letter on July 7, to the Collector and Ambernath Tahsildar and Thane district collector reminding them of the Court order. Their replay is still awaited, Adv Ali said.