SC mandates further investigation before permitting Birla to resume mining near Chittorgarh fort
Title: BIRLA CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR
V BHANWAR SINGH AND OTHERS
Citation: S.L.P.(C) No. 21211 of 2012
Dated on: 13 .1.2024
Corum: HON’BLE JUSTICE SANJIV KHANNA and JUSTICE S.V.N. BHATTI
Facts of the case
The present case is about the Chittorgarh fort of Rajasthan one of the UNESCO recognised world heritage site which became a matter of legal battel between Birla corporation and public interest litigants led by Bhanwar Singh and others. The dispute arose over the said impact on the fort’s structural stability. In response to the petitioners concern the state of Rajasthan annulled mining lease within 10KM radius from the fort region. The matter was later appeared before the SC of India which sought a conclusion.
Petitioners’ Arguments
The contention of the petitioner is that Birla co sets up a limestone mine at the distance of 4.5 Km away from the fort. The petitioners challenged that challenged HC verdict and contended that mining activities did not cause any discrepancy and harm to the walls of the fort and also raised questions about the annuity of mining rights by the HC within 10Km radius. Additionally, the petitioners were also ordered to pay a compensation of 5 crore for which they claimed disproportionate.
Respondents Arguments
Bhawar Singh the respondents in the appeal primarily filed a PIL in the HC raising concern over impact of blasting operation by Birla related to the lime stone production. They contended that such activities caused cracks and damages to the structure of such national significance and requested for protection for the fort and for the court to intervene and provide guidelines to prevent mining in the region.
Court Analysis
The Hon’ble SC of India upon hearing arguments from the council’s recognized the depth of the situation and ordered for a meticulous examination of the case. Expert reports from agencies such as the Central Building Research Institute, Roorkee (CBRI), the Central Institute of Mining and Fuel Research (CIMFR), and the Indian Bureau of Mines, Mining Research Cell were evaluated. The court determined that blasting operations beyond a radius of five km from the fort wall were safe and did not harm the historical monument. Also, acknowledging the tremendous improvements in technology, the court ordered a new study to be done by a multidisciplinary team of specialists from the Indian Institute of Technology (Indian School of Mines) at Dhanbad. The purpose of this study was to evaluate the impact of electronic blasting devices, which were marketed as potentially safter method for the environment that reduces vibration. This reflected the courts interest in ensuring the most effective mining practices. The court not satisfied with the said reports has extended the investigation further and order various other declaration to arrive at a safe conclusion and posted for further hearing to July 2024.
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Written by- Namitha Ramesh