Can stone quarries and crushers be permitted to operate in the orchard zone?

PANJIM: Can stone quarries and crushers be permitted to operate in the orchard zone? Is change of land use from forest or agriculture to industrial permissible? Yes, states the Town and Country Planning department and Secretary (Mines).



TCP department, which had issued NOCs to operate four stone crushing units – M/s Balaji Stone in survey no. 59/1, M/s Rahimania Metal Industry in survey no. 75/1, M/s Madhav Rameshwar in survey no. 62/1 and Supernika Metal in survey no. 73/1 -- in the zone designated as orchard in the Regional Plan of Goa 2001 stated that these unit have been permitted based on the Regional Plan 2001 based on the uses permitted on Special Grounds in orchard Zone/ land uses.



Stating that these units have been permitted as ancillary to stone mining, considering the same to be of a temporary nature, Chief Town Planner Morad Ahmed in his affidavit before the High Court of Bombay at Goa stated that the Regional Plan proposal provided for broad based land use categories. As per uses permitted on special grounds, "any development commensurate with the need of area" can be permitted.



Interestingly, Secretary (Mines) Raajiv Yadhuvanshi who was directed by the Division bench to file an affidavit clarifying and making the State's stand clear in regard to whether change of use of land from forest and/or agriculture to industrial was permissible, accepted that the Director of Mines grants permission for quarrying leases in respect of minor minerals found in government and private lands.



However, he clarified that the license is granted after examining the topography of the area, local geological aspects and the location of the area for which license is sought. Further, before granting lease, various conditions are incorporated.



Some of these conditions include:



* Minerals should be extracted and removed in such a manner that no damage is done to any highways, roads, agricultural lands or trees or other places or public utility or public property

* Pay reasonable compensation to the owner or tenant or occupant of the land or property comprised in the leased area or in the vicinity of the leased area which is damaged or injured or disturbed as a result of quarrying operations or due to the flow or rejects

* Ensure that extraction of minor minerals will not affect the environment and ecology adversely

* Before the commencement of quarrying operation, prepare an environmental management plan to the satisfaction of the competent officer.




But this clear cut conditions were violated by the stone crusher operators as can be seen from the affidavit submitted by Bicholim SDM Arvind Bugde.



No wonder on October 29, 2007, the SDM issued directions to the owners of the stone crushing units to restore the affected nallah, Devachi Toli by removing the silt under the supervision of Canal Officer and remove large heaps of reject material in the form of fine white stone powder which is carelessly dumped near the stone crushing units thereby stopping the same to be flown in the fields and blown in the air.



Further, they have been directed to regulate their timing of operations to avoid sound pollution as well as submit the fresh Environment Impact Assessment Plan containing short-term and long-term precautionary measures to suppress noise, dust pollution to the satisfaction of Goa State Pollution Control Board.