MOHAMMED HAROON ANSARI AND ANR. versus THE DISTRICT COLLECTOR, RANGA REDDY DISTRICT, A.P.

Citation: [2003] SUPP. 6 S.C.R. 715 · Decided: 12-12-2003 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Disposed off
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Judgment (excerpt)

MOHAMMED HAROON ANSARI AND ANR. 
A 
v. 
THE DISTRICT COLLECTOR, RANGA REDDY DISTRICT, A.P. 
DECEMBER 12, 2003 
[S. R.AJENDRA BABU AND G.P. MATHUR, JJ.] 
B 
Environment : 
Pollution-Mining activities-In residential locality-Impact on 
Ground Level Service Reservoir (GLSR):-Safe distance-Maintaining of-'- C 
Expert Committee appointed by High Court recommended a safe distance 
of 1 KM-However, High Court extended it to 2 KM-On appeal, Supreme 
Court appointed an Expert Committee-Accepting the Committee's report, 
Held : 1 KM is a safe distance between the site of the quarry leases and 
residential locality or GLSR. 
A Petition in the nature of a public interest litigation was filed in 
the High Court praying for a direction to the respondents to take 
action against the illegal blasting an" crushing of granite stones as it 
was causing dust pollution in the residential are~s. The expert commit-
D 
tee appointed by the High Court recommended that mining activities E 
could take place beyond a safe distance of 1 KM. However, the High 
Court directed that no quarry lease should be granted within a distance 
of 2 KM from the residential locality or Ground Level Service 
Reservoir. 
On appeal, this Court appointed an expert committee, which also F 
recommended a safe distance of 1 KM. 
Disposing of the appeal, the Court 
HELD : 1.1. It is unnecessary to impose a condition that the 
distance of 1 KM for carrying out· the quarry activities should be G 
converted to 2 KM. The affidavit of Pollution Control Board indicates 
that if proper safeguards are adorted as indicated in the said affidavit, 
it will not cause any air, water or noise pollution, much less, dust 
particles affect the water supply system in Ground Level Service 
Reservoir (GLSR). [722-F-G] 
H 
715 
716 
SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R. 
A 
2. It is, therefore, directed that the order made by the High Court 
be modified by directing that the distanc~ of 1 KM is a safe distance 
between the site of the quarry leases and the residential localities or 
GLSR. (722-G-HJ 
CIVIL APPELLATE JURISDICTION 
.Civil Appeal Nos. 1907-
B 1908 of 2000. 
c 
From the Judgment and Order dated 17.10.97 ofthe Andhra Pradesh 
High Court in W.P. No. 7326/97 and Order dated 2.12.97 in W.P.M.P. No. 
33976 of 1997. 
WITH 
C.A. Nos. 1909-1910, 1911-1912 and 1913-1914 of 2000. 
K.N. Rawal, Solicitor General, (A.C.), R. Mohan, P. Niroop, R. 
D Chandrashekhar Reddy, Pavan ~umar, Hari Shankar K., A.T.M. Sampath, 
V. Balaji, G. Ramakrishna Prasad, Md. Wasay Khan, K.C. Sudarshan, D. 
Mahesh Babl, Nikhil Nayyar, Mrs. Unnila Sirur, T.V. Ratnam, K. Subba 
Rao, Anil T j°dale and Guntur Prabhakar for the appearing Parties. 
E 
The Judgment of the Court was delivered by 
RAJENDRA BABU, J. : On the basis of a letter sent to the Chief 
Justice of the High Court of Andhra Pradesh, a petition in the nature of 
public interest litigation was entertained to direct the respondents to take 
action against the illegal blasting and cr~shing of granite for concrete metal 
F in the areas of the Goldodi, Nanakramguda, hills ofKhanapur and Kokapet 
in Rangareddy District as a result of which a lot of fine granite silica dust 
is entering into the atmosphere which causes a disease called 'Silicosis' 
to the residents nearby. Two writ petitions were filed by the appellants 
in Civil Appeal Nos. 1907-1908/2000 calling for records of proceedings 
G before the Assistant Director of Mines and Geology, Hyderabad in respect 
of grant of lease over an extent of 5 acres in survey No. 239 of Kokapet 
village, ·Rangareddy District, for quashing the same and for granting 
appropriate consequential reliefs. Similarly, certain other -persons also 
filed writ petitions challenging the action of the Government in stopping 
H the mining operations in different areas of Kokapet village. 
M.H. ANSARI v. DISIT. COLLECTOR, RANGA REDDY [RAJENDRA BABU, J.] 717 
The High Court called for a report from the Assistant Director of A 
Mines and Geology. The said Report revealed that there are four quarry 
leases and three stone crushers in Kokapet village, Rajendranagar Mandal; 
that the quarries and crushers are at a distance of 2 kms to the South of 
Kokapet viii.age and 20 kms from Hyderabad; that the ground level water 
reservoir of Hyderabad Metropolitan Water Works and Sewerage ~oard B 
is located at a distance of 1 km from the stone quarry, which supplies water 
to the city of Hyderabad; that the Osmansagar lake is also loca
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