Case: K. Guruprasad Rao Vs. State of Karnataka &amp; Others

24. Jambunatheshwara Temple or Jambunatha Temple for whose protection the appellant has been making efforts for last many years was built in 1540 on Jambunath Hill which falls in Hospet Taluk, District Bellary (Karnataka). The temple was built with massive granite blocks in typical trabeate system, characterized by the predominant use of columns and beams as main load bearing members. It is situated 4.5. kilometers southeast of Taluk Hospet, District Bellary (Karnataka) on a hillock at a height of 800 ft. and is surrounded by a range of hillocks rich in good iron-ore. The main temple facing east, consists of a garbhagriha, a sukanasi and an antarala surrounded by a closed ambulatory passage, a navaranga with two entrance mandapas and a maha ranga mandapa all enclosed by a high parakara. The temple rises over a high double adhishthana with ornate mouldings which is typical of Vijayanagara style and period. The wall of the garbhagriha and antarala is decorated with kumuda panjaras set between a pair of pilasters. The ornate eave is decorated with kudu with human heads and kirtimukhas at the top. The sanctum houses a sivalinga over a circular peetha. There are several subsidiary structures surrounding the main temple. There are modern structures built around the temple for the sake of pilgrims and devotees. To the south of the temple are two sub-shrines dedicated to Veerabhadra and Brahma respectively in front of which is a well which gets water through a perennial source from the hillock and serves the needs of the temple and pilgrims. The water from this well is believed to have medicinal and curative properties and hence considered very sacred by the pilgrims. The temple has superstructure built of brick and lime mortar over its sanctum and entrance mandapas. The pillars in the navaranga and maha ranga mandapas are typical of Vijayanagara period with their cubical mouldings depicting carvings of various divinities of Saiva, Sakta and other sects, besides social themes.25. The temple was declared as a Protected Monument by the Government of Karnataka under Section 4 of the Karnataka Act. By notification dated 13.9.1991, an area of 9 acres 12 cents in Survey No.198 surrounded by Survey No.115-B on all four sides of the temple was declared as ‘ProtectedBy another notification dated 7.12.1996, the State Government declared an area within the radius of 200 meters from the periphery and precincts of Jambunatheswara temple as ‘Safewhere no mining activity could be conducted.26. On 5.4.1952, Shri R. Gangadharappa was granted a mining lease for an area measuring 182.45 hectares near Jambunatheswara temple for extraction of iron ore for a period of 30 years. The lease was renewed on 4.2.1982 for a further period of 30 years in the name of his legal heir Sri R.Pampapathy. During the currency of lease (extended period), Sri R. Pampapathy died and his wife R.Mallamma was permitted to carry on the mining operations in the name of M/s. Aarpee Iron Ore Mines, Bellary (respondent No.4). The lessee was also granted permission under Section 2 of the Forest (Conservation) Act, 1980 (for short, ‘the 1980to undertake mining operations over forest measuring 101.51 hectares.27. In May, 2003, the Director of Ancient Monuments inspected the temple in the presence of Senior Geologist, Department of Mines and Geology, Karnataka and found that the mining activity was causing damage to the structure of the temple. Thereupon he wrote letter dated 15.7.2003 to the Assistant Commissioner, Endowments to take action for stopping the mining activities within a radius of one kilometer from the temple. Accordingly, the Assistant Commissioner sent letter dated 29.9.2003 to respondent No.4. He also issued notice dated 16.1.2004 to respondent No.4 informing the latter that if the needful is not done, action will be taken under Section 133 Cr.P.C.28. While the officers of the Karnataka Government entrusted with the task of protecting ancient monuments were taking steps to curb the mining activities within a radius of one kilometer from the temple, the Ministry of Environment and Forests, Government of India accorded permission to respondent No.4 to increase the production of iron ore from 0.6 million tonnes per annum to 1.5 million tonnes per annum.29. The appellant, who is an Advocate by profession and is practicing at Hospet, Bellary, felt that unless mining activities are stopped in the vicinity of the temple, a centuries old ancient monument may be totally destroyed. Therefore, he filed Writ Petition No.9512/2009 before the Karnataka High Court in public interest and prayed for cancellation of the mining lease granted to respondent No.4 and for issue of a mandamus to the official respondents to stop mining activity within one kilometer from the temple. He further prayed for issue of a direction to Superintending Archaeologist, Archaeological Survey of India (respondent No.9) to take steps for restoration of the temple to its original state. In paragraphs 1, 2, 5 and 6 of the writ petition, the appellant made the followingThe fourth respondent herein was granted permission for mining in Sy. No 115 in Jambhunathahalli, Hospet by the Director of Mines and Geology, the second respondent herein. In January, 2008 the Ministry of Environment and Forest has given permission for expansion of mining activity. The lease area of the mine is about 101.51 hectares. Copy of the mining lease is produced at ANNEXURE-A. The central Government has given environmental clearance for the mining operations on the basis of wrong information furnished by the third respondent. Copy of the permission given by the Ministry of Environment and Forests and for renewal of the mining lease is produced at ANNEXURE-B.2. The fourth respondent also obtained permission for adopting a system of deep hole blasting for the mining area from the Directorate General of Mines Safety. Copy of the permission letter is produced at ANNEXURE-C. In January 2008, the fourth respondent also obtained clearance for enhancement of production capacity of iron ore production from the Ministry of Environment and Forests. Copy of the permission is produced at ANNEXURE-D.5. The mining operation conducted by the fourth respondent among others consists of blasting, which is done by wagon blasting even though permission is given for "opencast and mechanized blasting". The lessee in question has been using wagon blasting. This type of blasting is not being used and is not in vogue. The wagon blasting results in loud explosion with a deafening sound. The dust spreads to all the nearby places. On account of this, the temple has suffered the most. The column of the outer walls of the temple has turned brown on account of the soil residue settling on the walls. The explosion also causes tremors, which is felt as far as Hospet. The residents of Hospet also feel the intensity of the tremor. Needless to say, the temple, which is almost 100 meters from the mining area is bearing the brunt of these activities. The walls of the temple have cracked and may collapse if mining activities continue.6. Inside the temple, there is a well. The water in the well is said to contain many medicinal properties. In fact, devotees throng to the temple to collect the water. However, in recent years, the water has turned brown because of the dust. The number of devotees who come to visit the temple has also been reduced to a large extent on account of mining activities and the dust pollutes the nearby areas.Respondent No.4 filed objections and pleaded that the writ petition should not be entertained because Writ Petition No.27067/1998 filed with similar prayer was dismissed by the High Court on 7.8.2000 and that order has become final. It was further pleaded that no blasting operations were being conducted within 200 meters radius of the temple and precautionary measures have been taken to prevent any damage to the temple. An additional plea taken by respondent No.4 was that the writ petition was highly belated.31. After taking cognizance of the averments contained in the writ petition, the Division Bench of the High Court directed respondent Nos.2, 3, 8, 10, 12 and 13 (in the writ petition) to submit a report as to whether the area on which respondent No.4 is carrying on mining operation was located within the prohibitory distance of 200 meters specified in the notification issued by the State Government under the Karnataka Act. The concerned respondents inspected the site and submitted a report stating therein that no mining was being done within 200 meters from the temple. The relevant portions of the report are extractedBrief report regarding mining activities of M/s. R. Mallamma M.L.No.1806 Hospet Taluk, Bellary District.Ref: Head Office Telephone Message Dt. 28.05.2009.With reference to above subject as per the directions inspected M.L.No. 1806 area along with J.E of this Office on 28.05.2009.At time of inspection assistance mines Manager Sri. Phanikumar present on this spot. It is observed that mining lease area of M.LNo. 1806 is just running adjust to the periphery of Sri. Jambunatheshwar Temple. (Sy.No. 198). It is also observed at the time of inspection there was no mining activity in a mining pit which is located at 130 Mtr. from the temple. At present in the said lease mining operation are going on at about 1 Km. away towards East from the temple.After verifying available records in the office the Government order NO.CI.65.MMM.96 Dt. 07.12.1996 state that mining operations should beyond 200 meters away from the periphery of the temple.(Copy enclosed)It further submitted that on 12.10.2007 this Office in the presence of revenue department and police department carried out joint inspection of M/s. R. Mallamma leased area and issued a notice to the said lease stating that they should not carry out any mining activity within 300 Mtrs. from the periphery of the temple.Further, according to the direction from the Director of Mines and Geology vide letter No. Department of Mines and Geology/ML/1806/Permit/2007-08/6481 dated 22.02.2008 inspection was carried out and report was submitted stating that said lessee is carrying out mining activity 1.7 km. away from the periphery of the temple, (copy enclosed).Again it is submitted that on 30.08.2008 notice was issued to the said lessee. (Copy enclosed).This report is submitted for your kind information and further necessary action.The High Court accepted the report and dismissed the writ petition without dealing with any of the issues raised by the appellant.33. The appellant has questioned the order of the High Court primarily on the ground of non-consideration of the factual assertion made by him about the mining activity of respondent No.4 within 200 meters of the temple by Wagon Blasting Method. He has also pointed out that as per the report submitted before the High Court, respondent No.4 had dug mining pit at 130 meters from the temple resulting in erosion of the soil in and around the temple.34. Notice of the special leave petition out of which this appeal arises was issued on 9.7.2010 and respondent Nos.1 to 3 and 6 to 8 were directed to ensure that no mining activity is undertaken or continued at the site in question.35. In the statement of objections filed on behalf of respondent No.4, the plea of res judicata raised before the High Court has been reiterated and it has been averred that no mining activity is being conducted within the Safe Zone declared by the State of Government. According to respondent No.4, the mining lease deed executed in its favour restricts mining operation within a distance of 50 meters from any public structure and in the absence of any other prohibition under the Mines and Minerals (Development and Regulation) Act, 1957 (for short, ‘the 1957the Mineral Concessions Rules, 1960 or the Mineral Conservation and Development Rules, 1988, the Court cannot prohibit the carrying on of the mining operations within a radius of one kilometer from the temple in question. Respondent No.4 pointed out that several other leaseholders are carrying operation within a distance of one kilometer from the temple. Respondent No.4 also relied upon report dated 9.4.2007 prepared by Deputy Director of Mines and Geology who had inspected the site and pleaded that no damage was done to the temple due to mining operations. Respondent No.4 denied that it was doing mining by the Wagon Blasting Method and emphasized that it had employed controlled blasting method.36. After hearing the learned counsel for the parties, this Court passed order dated 8.11.2010 and directed respondent No.9 to personally inspect the site of the temple and the area in which mining activities were going on prior to 9.7.2010 and submit a report indicating whether such activities had affected the temple. In compliance of that order, respondent No.9 made reference to M/s. CIVIL-AID Technoclinic Private Limited, Bangalore to assess the structural stability of the monument due to surrounding mining activities. Thereupon the firm carried out detailed inspection along with concerned officials in November and summarised the outcome of inspection in the followingOBSERVATIONSMain Temple Structure:1. Visible settlement of foundation system was observed alround the temple at various locations.2. Non alignment was observed in plinth level stone beams in most of the locations.3. Wide gaps were observed between the stone panel joints in most of the locations.4. Cracks were observed in stone panels at isolated locations.5. Wide gaps were observed in stone members at beam bearing regions in most of the locations.6. Non alignment was observed in stone beams between the spans at ceiling level in most of the locations.7. Cracks were observed in stone capital below the beam bearing region at various locations.8. The wide gaps between the stone members were observed to be filed with cement mortar.9. It is observed that recently stone members were observed to be cleaned with chemical wash.10. WPC over the roof slab was observed to be severely deteriorated in the form of hapazardous cracks.11. Wide cracks were observed along the stone beam line over the roof slab.12. Severe undulations were observed over the roof slab in most of the locations.13. Accumulation of dead leaves and growth of vegetation was observed over the roof slab at various locations.14. No visible abnormalities was observed instructures:1. Absence of plinth protection was observed alround the building.2. Severe growth of vegetation was observed alround the building.3. Inclined cracks were observed in masonry wall at various locations.4. Severe separation cracks were observed at the interface of wall and slab junction.5. Debonding and spalling of plaster was observed in masonry wall at various locations.6. Damp patches were observed in masonry walls at various locations.7. Deterioration of WPC was observed over the roofinferences are drawn, based on the detailed inspection:1. The visible distress observed in stone members of structure is essentially due to one or the combination of following factors:• Prolonged age effect.• Disturbance caused to the structure due to nearby mining activities.• Inadequate/ineffective maintenance over a period of time.2. Severe cracks observed in peripheral structures are mainly due to disturbances caused by surrounding mining activities and inadequate maintenance over a period ofrecommendations are made, based on the above inferences:1. In view of the severity of the structural/functional distress and considering structural type of temple structure, it is recommended to carryout mining activities away from temple, atleast 1 km radius around the temple to minimize the possible vibration.Further, it is recommended to take up the appropriate restoration of the structure, considering long term durability and safety of the structure after carrying out detailed scientific study of the structure.2. The deteriorated WPC over the roof slab shall be removed and replaced with appropriate light weight waterproof treatment in order to relieve the loads.3. The possible endanger to temple structure due to water storage depression in nearby in mining area shall be avoided by creating suitable drainage facility with appropriate benching and pitching to avoid possible collapse of disturbed hillock towards temple structure.4. Periodic maintenance of the temple structure shall be adheredreport prepared by respondent No.9 is accompanied by several photographs which provide visual evidence of the damage caused to the temple due to mining activities.37. On 14.1.2011, the Court ordered impleadment of the Superintending Archaeologist of the State of Karnataka as a party and directed him to file an affidavit on the present status of the temple specifying therein whether the mining activities have already damaged the same. Simultaneously, respondent No.9 was directed to indicate whether other lessees were carrying on mining operations in the vicinity of the temple and disclose their names.38. By an order dated 11.3.2011, the Court ordered impleadment of M/s. Mysore Minerals Ltd., Smt.R. Mallamma, Sri R.J. Pattabhiramaih, Sri Allam Basavaraj, M/s. R.B.S.S.N. Das, Sri R. Charuchandra, Sri H.N. Prem Kumar and M/s Kariganur Mineral Mining Industries as parties and also stayed mining operations within a radius of 2 kilometers from the temple.39. After service of notice, respondent No.4 filed statement of objections on 31.8.2010, respondent Nos. 1 to 3 and 5 filed their objections on 24.9.2011, respondent No.9 filed affidavit dated 2.10.2010, respondent No.7 filed counter affidavit dated 5.1.2011, respondent No.14 filed affidavit dated 17.2.2011 and respondent No.18 filed counter affidavit dated 15.4.2011.40. In the statement of objections filed on behalf of respondent No.4, the maintainability of the appeal has been questioned on the ground that similar issue had been raised before the High Court in Writ Petition No. 27027 of 1998 and the same was dismissed vide order dated 7.8.2000. Respondent No.4 has also accused the appellant of seeking theintervention after a long time gap of 27 years. On merits, the case of respondent No.4 is that mining activity is being done strictly in accordance with the provisions of the 1957 Act, the Mineral Concession Rules, 1960 and the Mineral Conservation and Development Rules, 1988 and they do not contain any prohibition on mining operations within a radius of one kilometer from the temple. Respondent No.4 has also relied upon report dated 9.4.2007 prepared by Deputy Director of Mines and Geology and averred that no damage has been caused to the temple due to mining operations. It is also the case of respondent No.4 that mining is being done by controlled blasting and not by Wagon Blasting Method.41. The thrust of the objections, affidavits and counter affidavits filed by other respondents is that mining is being done as per the provisions of the 1957 Act and the Rules framed thereunder and there is no legal justification for imposing any restriction in violation of that Act and the Rules.42. One significant aspect of the pleadings which deserves to be mentioned at this stage is that the State of Karnataka and its officers have taken contradictory stands on the issue of the nature of mining operations undertaken by respondent No.4. While respondent Nos. 1 to 3 and 5 have claimed that respondent No.4 has been carrying out mining by controlled blasting in accordance with the permission granted by the Director General of Mines Safety and not by the Wagon Blasting Method, in affidavit dated 14.2.2011 filed by him, Shri B.M. Chikkamaregowda, Deputy Director, Department of Archaeology and Museums, Kamalapur, Hospet Taluk, Bellary District has unequivocally contradicted this by making the followingI further humbly submit that, during the inspection, it was observed that the mining activity has been carried out to the east south-east of the temple at a distance of less than 100 meters from the periphery of the temple and extending further to the east and south-east Plate IV (a) & (b). It appears that initially the mining was carried out nearer to the temple continually over a period of decades which has resulted in the formation of a huge crater at about a distance of 100 meters from the temple on the east and later on the mining activity has been extended further east clearly indicated by the stepped terrace formation in a semi-circular pattern surrounding the crater Plate V (a) & (b). Now only a high and narrow ridge divides the temple and the crater. Due to continuous mining, the depth of the crater has reached almost the level of the temple foundation and has become the source of accumulation of rain water as well as rise in sub-soil water level. This has resulted in the underground seepage of water towards the temple which is evidenced by dampness in some of the subsidiary shrines on the southern side.5. I further submit that as per the Gazette Notification, an area of 9 aces 12 cents in Survey Number 198 surrounded by on all four sides by Sy.No.115-B, has been declared as protected area and in the absence of clear demarcation of the protected boundary, it could not be ascertained whether the mining activity encroached the protected area also. However, it is certain that the mining activity was carried out in the prohibited area within a distance of 80. As per the provisions of the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1991 (Karnataka Act of 1962), under Section 20, no construction or mining, quarrying, excavating, Wasting or any operation of a like nature is permitted without the permission of the Government. The Director, Department of Archaeology and Museums, Government of Karnataka who was present during the inspection has informed that no such permission has been given by the Department for carrying out mining operation within the notified zones. As per the records made available by the State, Department of Archaeology, as early as 3rd March 2004, the Deputy Director, Department of Archaeology and Museums, Government of Karnataka, posted at Kamalapura had written to his Directorate office in Mysore that during his spot inspection along with Shri T.M. Manjunathaiah, Technical Assistant, on 27th February 2004 witnessed the mining activity going on in the vicinity of the temple by using explosives (wagon blasting). He also informed that the felt tremors due to the explosion in the temple while he was inspecting the temple. He also noticed cracks on the walls and roof due to the impact of the explosion. He reported that the lessee who was carrying out the mining was doing repairs in the form of plastering and cement coating to cover up the cracks on the ancient temple. He informed the temple priests about the damage being caused due to such unscientific methods of repair which had affected the architectural style of the ancient temple and asked them to stop at once such works. He has recorded in his letter that the temple is getting seriously damaged due to mining activity and the temple is wholly discoloured.6. I further humbly state that this discoloration is obviously due to the accumulation of the deposit of the mineral dust which was seen by the visiting team on 29th November 2010. However, since the temple administration had done major repairs to the temple proper in the form of chemical cleaning and applying coat of warmish on pillars and walls, the discoloration was seen only in the superstructures over the sanctum and entrance mandapas as well as in patches inside the temple.7. I further submit that a close inspection of various parts of the temple by Respondent No.9 along with Shri M.V. Visveswara, Deputy Superintending Archaeologist cum Site Manager, World Heritage Site, Hampi revealed that the temple has suffered:1. Settlement in its foundation in the Navaranga and Maha Ranga Mamlapa portions;2. A few pillars have gone out of plumb-Plate VI(a);3. Concussion fractures in the capital portion of the pillar in Maha Ranga Mandapa Plate VI (b);4. Extended arms of the capital and beams have broken at some places Plate VII (a) and (b);5. Widening of joints on the wall portions both horizontal and vertical:6. Discoloration of the stucco of the superstructure over the entrance mandapas and sanctum Plate VIII and IX;7. Development of cracks over the roof and the longitudinal as well as peripheral ridge, especially near the joints Plate X (a) and (b);8. Dampness due to seepage of water capillary action and due to growth of vegetation;9. Development of cracks over the roof and the longitudinal as well as peripheral ridge, especially near the joints;10. Dampness due to seepage of water capillary action and due to growth of vegetation.8. I respectfully submit that again in the month of June 2007 on 16th a joint inspection by Tahsildar, Hospet, Deputy Director, Mines and Geology, Government of Karnataka; Deputy Director, State Archaeology, Government of Karnataka; Revenue Inspector, Hospet; Taluk Surveyor inspected the temple in Survey Number 198 and mining activities in Survey Number 115 as per the instructions of the Deputy Commissioner, Bellary, was carried out and they have confirmed and recorded in their joint inspection report that (i) the cracks were developed in the temple due to mining; (ii) mining activities was carried out in the near proximity of the temple and the (iii) if temple is not conserved and mining activities are not stopped, the temple may get affected severely.9. I further humbly submit that Shri Subramanian, Senior Geologist, Geological Survey of India, Bangalore, who visited the site along with Respondent No.9, who viewed the site from geological point of view, has opined that because of intense mining activity fine dust particles are deposited on south, south east and north gopuras of the temple and the mining activity has led for the dumping of the mine waste on the eastern and north eastern part of the temple which has led for artificial drainage on the eastern boundary of the temple. One of the benches of the mine on the north eastern part of the nala (drainage) has led for flooding and soil erosion in and around the temple. As the temple is in lower elevation, the mine is in the upper elevation, road cutting on the upper elevation has lead for debris movement on the southern part of the temple.10. I further humbly submit that the Principal Design Engineer, Shri Mohan Kumar, BE (Civil); ME (structure), MIE, CH. Eng who was accompanying the team has opined from the point of view of structural engineering, that the visible distress observed in stone members of structure is essentially due to one or the combination of following factors namely Prolonged age effect: Disturbance caused to the structure due to nearby mining activities; Inadequate/Ineffective maintenance over a period of time.11. I further humbly submit that since the mining has been stopped for quite some time, the actual impact of the blasting/mining on the temple, intensity of the explosion, tremor and vibration as also the precise dust accumulation by using appropriate scientific instruments could not be ascertained. However, even in the absence of above data, the onsite condition clearly brings out the following.(a) The present condition of the temple which was constructed in around 1500 AD, using massive granite blocks, in trabeate system, is attributed to several factors which are as under;(b) Aging and lack of periodic maintenance by the concerned department;(c) Constructional methodology of trabeate system which is having inheritant weakness of yielding to tremors and shocks(d) As repeatedly pointed out by the Deputy Director of State Archaeology Department, Government of Karnataka and other local authorities and also as observed by the Respondent and other officials, mining activities using explosives in the close proximity of the protected temple has also contributed to a extent for it& present detracted condition.On 26.4.2011, the Court appointed a Committee of Experts with a direction that it shall inspect the site of the temple, the area where mining activities were being carried out and submit its report. The relevant portions of that order are extractedthe purpose of undertaking a comprehensive exercise for evaluation of the damage, if any, caused on Jambunatheswara temple due to mining activities undertaken before passing of stay orders by this Court on 09.07.2010 and 18.02.2011, the Committee comprising the following is constituted:1. The Director, Directorate of Archaeology & Museums, Government of Karnataka, Karnataka Exhibition Authority Complex, Mysore 570 010 - Convenor2 The Superintending Archaeologist, Archaeological Survey of India, Bangalore Circle, 5th Floor, `F Wing, Kendriya Sadan, Koramangala, Bangalore 560 034. Member - (Along with the team of experts from ASI)3 Geological Survey of India, State Unit of Karnataka & Goa, Vasudha Bhavan, Kumaraswamy Layout, Bangalore 560 078 - Member4 Shri A.B.Morappanavar, IFS, Dept. of Ecology & Environment, Regional Director and Deputy Conservator of Forest, #01, Charanti Matt Building, Shivalaya Road, Sadashivanagar, Belgaum 590001 - Member5 Deputy Director, Department of Mines & Geology, Government of Karnataka, College Road, Hospet 583 201 Dist.Bellary) - Member6 Prof.C.S.Vadudevan, Asst. Professor, Department of Ancient History & Archaeology, Kannada University, Hampi(Vidyaranya) -583 276 (Hospet Taluk, Bellary Dist.) - Member7 Sri Pankaj Modi, Conservation Architect, Indian National Trust for Art & Cultural Heritage, Karnataka Chapter, 166, Kattariguppe Water Tank Road, 4th Cross, 4th Block, 3rd Phase, Banashankari III stage, Bangalore 560 085. - Member8 The Deputy Director, Directorate of Archaeology & Museums, Government of Karnataka, Kamalapuram 583221. (Hospet Taluk, Bellary Dist.) - Member Secretary9 A representative of Directorate General of Mines Safety (DGMS), Dhanbad, Jharkhand - For mine safety.10 A representative of Indian Bureau of Mines, Nagpur, Maharashtra - For Mining technologyThe Committee shall inspect the site of the temple and the area where mining activities were being carried out, evaluate the impact of the mining activities on the temple from all possible angles keeping in view the relevant statutory provisions including the Environment Protection Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.The Court appointed Committee (for short, ‘theheld meetings on 6.6.2011 at Hospet, on 8.7.2011 at Mysore and on 27.2.2011, 16.11.2011 and 26.12.2011 at Bangalore. During one of these meetings, the Committee decided to avail of the services of Central Institute of Mining and Fuel Research (CIMFR), Dhanbad, Jharkhand for DETERMINATION OF SAFE BLASTING PARAMETERS TO AVOID DAMAGE TO THE TEMPLE and National Institute of Technology, Karnataka, Surathkal (hereinafter referred to asfor ASSESSMENT OF THE IMPACT OF BLASTING OPERATIONS CARRIED OUT IN IRON-ORE MINES ON JAMBUNATHESWARA TEMPLE AND SAFE LIMITING DISTANCE FOR BLASTING ACTIVITY IN MINES.45. CIMFR, Dhanbad carried out scientific investigations from 9th to 13th November, 2011. During that period, eight experimental trial blasts were conducted at four different mines viz. Shankalapuram Iron Ore Mine of M/s. R.B. Seth Shreeram Narsingdas (RBSSN) (Respondent No.18), Aarpee Iron Ore Mine of Smt. R. Mallamma (respondent No.4), Jambunatheswara Iron Ore Mine of M/s. Mysore Minerals Limited (respondent No.15) and Kariganaur Iron Ore Mine of M/s. KMMI. Blast- induced ground vibrations and air overpressure/noise generated during the experimental blasts were monitored using five seismographs. Two seismographs were placed near the Jambunatheswara Temple whereas the remaining three seismographs were placed near the blasting sites. In two rounds of trial blasts conducted nearest to the temple (i.e. in Aarpee Iron Ore Mine of Smt. R. Mallamma), a Sony-make Handycam video camera was used to observe any occurrence of fly rock from the blasts.46. After conducting experimental trial blasts, CIMFR, Dhanbad sent a detailed report to the Committee along with photographs. The Executive Summary of that report reads asSUMMARYThis report relates to the scientific investigations carried out by the Blasting Department, Central Institute of Mining and Fuel Research (CIMFR), Dhanbad for the safety of the Jambunatheswara Temple, situated in Hospet, karnataka from blasting impacts produced by the surrounding mines during operation. The objective of the scientific study was to assess the impact of opencast blasting on the Jambunatheswara Temple and determination of a safe radial distance from the temple up to which all blasting operations should be banned and the area in which controlled blasting operations can be permitted along with details of safe blast design parameters. The field investigation was carried out during 9th - 13th November, 2011. During the field investigation, eight experimental trial blasts were conducted at different mines situated nearby the temple. Ground vibrations and air overpressure/noise generated during the experimental blasts were monitored at various locations using five seismographs. The results of the study, conclusions and recommendations made in the report are summarized below.1. Eight trial blasts were conducted during the period of the field investigation. Two blasts were conducted at Shankalapuram Iron Ore Mine of M/s R. B. Seth Shreeram Narsingdas (RBSSN), three blasts at Aarpee Iron Ore Mine of Smt. R. Mallamma, two blasts at Jambunatheswara Iron Ore Mine of M/s Mysore Mineral Limited (MML) and another one blast at Karinaganur Iron Ore Mine of M/s KMMI.2. All the trial blasts were conducted beyond 200 m distance from the Jambunatheswara Temple. The distances of the blasting locations from the temple varied between 290 and 1920.3. The trial blasts were conducted as per the blast design parameters normally practiced in each mine. The total number of holes in the blasting rounds varied from 6 to 10. Depth of holes varied betwin 7.0 and 10.0 m and blasthole diameter in all the blasts was 115 mm. The total explosive charge varied between 106.20 and 407.50 kg. The maximum explosive charge per delay varied from 17.67 kg to 40.75 kg. Shock tube (Nonel) initiation system was used for both in-hole and surface hole-to-hole initiation in all the blasts.4. Five seismographs were used for monitoring of blast-induced ground vibrations and air overpressures. In all the eight trial blasts conducted, two seismographs were always fixed at the Jambunatheswara Temple. The rest of the three seismographs were placed nearer to the blasting locations, directed towards the temple site. Distances of the vibration monitoring stations from the blasting locations varied between 290 and 1920.5. In total, twenty-two ground vibration data were recorded from the eight experimental trial blasts conducted at the four different mines. The recorded magnitude of ground vibration data varied betwin 0.325 and 6.68 mm/s. The maximum magnitude of ground vibration recorded was 6.68 mm/s at a distance of 200 m from the blasting source.6. The magnitude of ground vibration data recorded at the Jambunatheswara Temple varied between 0.325 and 1.13 mm/s. The highest magnitude of ground vibration data recorded from all the experimental trial blasts at the temple site was 1.13 mm/s at a distance of 290 m from the blast site. It was recorded near the Eastern Gate of the temple. The trial blast was conducted at the 2nd Bench (Nishant Pit), Aarpee Iron Ore Mine of Smt. R. Mallama (3rd Trial Blast). The total quantity of explosives detonated in the blasting round was 205.02 kg whereas the maximum explosives charge per delay was 34.17 kg.7. When the trial blasts were conducted beyond 845 m from the Jambunatheswara Temple, no vibration data was recorded by the seismographs which were fixed near the temple. The triggering levels of the instruments were set at sensitive mode viz. 0.30 mm/s.8. The Fast Fourier Transform (FFT) analysis of vibration data revealed that the dominant frequency of vibration waves varied between 7.5 and 31.8 Hz. In most of the cases, the frequencies were higher than 8 Hz. Only in a very few cases the dominant frequencies were found to be less than 8 Hz.9. The safe level of peak particle velocity (PPV) for the Jambunatheswara Temple was taken as 2.0 mm/s as per the DGMS Standard (Technical Circular Number 7 of 1997). This value has been taken into account, considering the importance and structural sensitivity of the temple.10. The recorded magnitudes of ground vibration waves measured inside the Jambunatheswara Temple premises, from all the eight experimental trial blasts conducted during 10th - 13th November, 2011, are well within the safe limits.11. The levels of air overpressure recorded from the different trial blasts varied between 97.5 and 117.8 dB (L). When the trial blasts were conducted beyond 845 m distance from the temple, no blasting sound could be heard or noticed physically. The levels of air pressure/noise produced due to blasting were well within the safe limits.12. No flyrock were observed in any of the eight experimental trial blasts conducted during the field investigation.13. On the basis of the data recorded as well as observations made during the experimental trials, it may be said, technically and scientifically, that blasting may be carried out beyond 200 m distance from the Jambunatheswara Temple without causing any structural damages, provided that controlled blasting method is strictly adhered to (Tables 3 & 4).14. Based on the field observations, ground vibration and air overpressure data recorded as well as their subsequent analysis, the following zones are classified for conducting blasting operations surrounding the Jambunatheswara Temple.200 - 300 m from the Jambunatheswara Temple300 - 500 m from the Jambunatheswara TempleBeyond 500 m distance from the Jambunatheswara Temple15. Within the distance of 200 - 300 m from the temple, controlled blasting with 6m blasthole depth and 115 mm blasthole diameter is recommended. Within300 - 500 m, blasthole depth of 6 - 8 m and 115 mm diameter is recommended. Beyond 500 m distance from the temple, the maximum recommended blasthole depth is 10 m for 115 drill hole diameter.16. The recommended blast design parameters, controlled measures for ground vibration, flyrock, noise/air overpressure for the safety of the Jambunatheswara Temple are prescribed in Sections 7 & 8. The recommendations should be followed strictly, in letter and spirit.17. In the present condition, the altitudes (Reduced Level/RL) of the working benches of the different iron ore mines located near the Jambunatheswara Temple are in a higher level than the temple. Most of the mines are also having free faces of the working benches facing towards the temple. However, when the altitudes of these mines become on the same level or lower than the temple in future, it is recommended to reassess the impact of blast-induced ground vibration on the temple.NIT undertook scientific investigation to assess the impact of blasting operations carried out in surrounding iron ore mines on the stability of Jambunatheswara temple. The objectives of the study undertaken by NIT are enumerated hereunder:(a) To study the blasting operations carried out in iron ore mines in the surroundings of the Jambunatheswara Temple.b) To monitor blast vibrations.c) To establish the ground vibrations propagation equation.d) To determine the Safe Radial Distance from the Temple up to which blasting activity may be permitted.e) To specify the blast design parameters and pattern to be followed, with detailsMaximum explosive charge per hole- Type of initiation and the detonators to be used- Maximum number of holes per round- Maximum explosive charge per delay, to ensure PPV to be below 2mm/s for the Historical Temple as per the DGMS Technical Circular-7 of 1997.- Type of muffling to control fly rock- Methods of limiting the air blast (noise)- Any other measures.48. The investigation conducted by NIT covered Aarpee Iron Ore Mines, Shankalapuram Iron Ore Mine of M/s. RBSSN, Jambunatheswara Iron Ore Mine of M/s. Mysore Mineral Limited and Kariganur Iron Ore Mine. In all 13 blasts were conducted in these mines in the presence of their representatives and these blasts were monitored at least at two different locations by using blast vibration monitors, MINIMATE DS-077 and MINIMATE PLUS. On the basis of these investigations, NIT suggested that mining activity with drilling and blasting could be permitted up to a distance of 300 meters from Jambunatheswara temple with a cap on usage of maximum explosive charge delay of 44 kg. Dr. V. R. Sastry, Professor of Mining Engineering, NIT submitted a detailed report to the Committee along with a number of photographs. The conclusions and recommendations contained in that report are reproducedAND RECOMMENDATIONSConclusionsBased on the investigations carried out on blasting operations in iron ore mines around Sri Jambunatheswara Temple, the following conclusions are drawn:Studies were carried out in four iron ore mines, namely Smt. R. Mallamma, ARPEE Iron Ore Mines. Sankalapuram Iron Ore Mine - RBSSN, Jambunatha Halli Iron Mine -Mysore Minerals Ltd., and Kariganur Iron Ore Mine - KMMI.In total, 13 blasts were carried out in four mines.Blasts were conducted in different benches and locations, representing different strata conditions.Diameter of blastholes used in all the blasts was 110mm.Depth of the blastholes was varying from 6m to 10m.Number of Blastholes varied from 6 to 14.Explosive charge per hole varied from 21.75kg to 40.56kg. Total explosive charge per blast varied from 208.2kg to 570.5kg.Shock tube system of initiation was used for achieving down the hole initiation and also the surface delays.Hole to Hole initiation was provided in all the blasts.Sri Jambunatheswara Temple is an ancient Temple and, therefore, a Peak Particle Velocity of 2mm/s was considered as the Threshold value, to maintain stability of the Temple.Ground vibrations and noise levels from each blast were monitored using five (5) units of Blast Vibration Monitors, MNIMATE-007 and MINIMATE PLUS of Instantel, Canada, at six (6) different locations.Three monitors were used to record blast vibrations at East entrance. North entrance, and West side of Sri Jambunatheswara Temple.The recordings indicated ground vibrations of less than 2mm/s Peak Particle Velocity near the Temple.There was no sign of any fly rock (occurring from any of the 13 blasts) at the Temple.Ground Vibrations Propagation Equation was established (combined for all mines) for the site as V = 598.2(D/VW)151Based an the investigations carried out it could be concluded that a safe distance of 300m be maintained from Sri Jambunatheswara Temple for carrying out blasting operations.Maximum explosive charges per delay to be used for conducting the blasts at various distances from the Temple are provided in Table-9.Individual blasthole to blasthole delay system, as practiced presently, should be continued to maintain safety of the Temple.RecommendationsProper blast design results in lower ground vibrations.The depth of blastholes may be maintained as 8-12m. Shorter benches of less than 8m result in higher ground vibration levels, as stiffness of bench increases.Each blast should be conducted with a clear free face, to avoid confinement of blasts.It is recommended to continue the bottom hole initiation as practiced.Blast layouts should be planned in such a way that the progress of initiation in the blast round is away (opposite) from the Temple structure.It is recommended to use a maximum of eight (8) blastholes per round, when the blast site is 300m away from the Temple.It is advisable to continue the system of muffling by covering all the blastholes in the blast round with 25kg sand bags, to minimize the fly rock problem.It is advisable to implement smaller, meticulously planned and safer blasts, rather than bigger blasts without having much control on the fragmentation process, leading to higher intensity of ground vibrations.Care should be taken to avoid over confinement blastholes by applying sufficient delay time between blastholes in the blast round. It is advisable to provide a clear delay of 8ms/m between blastholes in the blast layout.It is recommended to follow the following blast pattern at 300m distance or more from the Temple:Bench height : 8mDepth of holes : 8.5-9mBurden : 2.5 -3.5mSpacing : 3m - 4.5mPattern of holes : RectangularInitiation :Straight line pattern/V- patternNo. of rows : 2No. of holes : 8Width of blast area : With single row-2.5-3.5mLength of blast area : 24 - 36mIn-Hole initiation : Shock Tube SystemDelay system : Shock Tube systemCharge per hole : 44kg (Maximum)Max. charge / delay : 44kgInitiation Pattern: : Straight line patternV-patternDiagonal pattern (in case free end available)The layouts of the blasts conducted during the investigations may be continued, with hole to hole individual delays, as shown in Fig. 29.The Committee analysed the aforesaid reports, considered the recommendations made therein and submitted its report to this Court in two volumes. Parts IV and V of the main report, which contain discussions and recommendations read asDISCUSSIONS:The Committee unanimously agrees that the mining operations carried out using blasting operations in the near proximity, at a distance of less than 200 m from the Subject temple, have already caused irreparable damages to the temple and the eco- environs of its immediate neighborhood as enumerated in detail in Annexure-I (A), (B), (C) and (D) and expresses its serious concern towards the need of addressing all the issues responsible for such an adverse impact and resorting to make sincere efforts required so that the temple and its immediate environs regain their original aesthetic and architectural grandeur, sanctity and pristine eco-environs. In the light of the above, the Technical Reports submitted by the various agencies are reviewed and discussed as a prerequisite for making specific recommendations.1. The Study on Jambunatheswara Temple Surroundings - submitted by Karnataka Remote Sensing Application Centre, ISRO, Bangalore (Annexure-IV) deals with the mining activities carried out in a radius of 1km and 2km. It also illustrates the damage caused to the subject temple and its immediate environs. The agency has used the imageries of 2008. It would have been prudent if it had compared the 2008 imageries with the present/latest one. The agency could have also offered valuable data and comments on two of the very significant issues viz.1) Compare the vegetation of 2008 vis-a-vis 2011, and2) Specific disturbances to drainage system in the area, caused due to mining.In spite of these short comings, the study by the KSRSAC has clearly brought out some significant facts. It emphatically establishes that the mining area is located within a horizontal distance of 55 m from the temple premises on the eastern side. There are also mining areas in the south and west of the temple within one Km radius. The effects recorded under(page 1-2) of the Report (Annexure-IV) highlights that the mining and related activities have undoubtedly affected the architecturally sensitive temple and its eco-environs. Data provided in the table indicates that more than l/4th (89.66 hectares out of 314.12 hectares) of the area within 1 Km radius and l/5th of the area (275.26 hectares out of 1256.56 hectares) within 2 Km radius have been directly affected due to mining and related activities, thus seriously affecting the land use pattern. It has also brought to light the intentional measures taken by the mining authorities to divert rain water due to the disturbed drainage system to avoid further damage to the subject temple resulting in erosion of the sub-soil during the post monsoon period. Loss of vegetation cover as also dried up tanks due to disturbances caused to the natural drainage system is also highlighted.Thus, the Report substantiates the statements of Respondent no. 9 (Annexure-I) in so far as(1) The mining activities have been conducted from a distance of 55 m from the subject temple in dire violation of the provisions of Section 20 of the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 and subsequent amendment in 1991 which prohibits mining and construction activities within the Prohibited and Regulated Areas;(2) The mining activities have adversely affected the temple and(3) They have also adversely affected the immediate environs of the temple to a great extent.2. The Conservation Plan for Jambunatha Temple prepared by Indian National Trust for Art and Cultural Heritage, Bangalore Chapter (Annexure-III) substantiates in its entirety the observations made by Respondent No. 9 in the Technical Report (Annexure-I(A), (B) and (C) and the subsequent Affidavit (Annexure-I(D) with regard to the damages caused to the subject temple due to mining and related activities. The deteriorations caused as observed during the comprehensive survey inspection have been enumerated under three broad categories, as stated below:(1) defects due to movements and vibrations, deflection of beam and plinth stone members, tilts of columns, bulging of walls, cracked stone members, material failure and missing parts;(2) changes to surfaces, finishes, moisture problem, rising dampness, water seepage, human inflicted problem, lost or missing details, material deterioration, drainage systems, presence of fungi, algae, termites and insects, vegetation growth, changes to surrounding condition and missing portions due to deterioration;(3) space dimensions and configurations, additions, blocking of openings, false facade, changes to basic plan, topography of the surrounding land, bad re-pointing, bad cleaning techniques, insensitive and out of context additions and finishes (Annexure-III - Chapter III, page 30-100).In Chapter IV of the said report (Annexure-III - pages 101- 109), a further analysis of the deteriorations are enumerated along with the inferences drawn based on which, the Report has suggested detailed conservation plan under short-term measures (immediate measures), long term measures and the requisite budgetary estimate for an amount of Rs.3,43,19,160 (Rupees three crore forty three lakhs, nineteen thousand, one hundred and sixty) only for executing the same in order to bring the temple to its original condition so as to regain its past glory (Chapter V, pp. 110-114).3. The Reports submitted by Central Institute of Mining and Fuel Research, Dhanbad (Annexure-V) and National Institute of Technology, Karnataka, Surathkal (Annexure-VI), based on Technical field investigations conducted during the 2nd and 3rd weeks of November, 2011, are very helpful in arriving at the safe blasting parameters to avoid damage to Jambunatheswara temple situated near Hospet, Karnataka. However, these reports only partially contribute to understand and assess the damages caused to the subject temple due to the mining activities that have already taken place in the immediate neighborhood of the temple. In this connection, it is submitted that, the site inspection by the Respondent No. 9 and subsequently by the Committee, have established beyond any doubt that damages have been caused to the Jambunatha Temple due to the impact of the mining using blasting operations in the near proximity. In view of the sensitive nature of the temple, which has already suffered significantly, it was suggested that it was not advisable to conduct any more blasting vibration monitoring tests in the near vicinity of the temple.It was further suggested that conducting any such blasting vibration monitoring tests in a far of place quite away from the temple, will in no way establish any new scientific proof regarding the impact of mining using blasting operations on the Jambunatha temple.The mining operations carried out using blasting operations in the near proximity of the subject temple within a distance of less than 200 M have already caused irreparable damages and need to be addressed on priority.In the above context, the investigating agencies have admittedly conducted all these experimental blasting beyond two hundred meters whereas the study conducted by Karnataka Remote Sensing Application Centre, ISRO, Bangalore (Annexure-IV) has indicated that one of the mines exists within a horizontal distance of 55 meters from the temple premises on the eastern side. Thus, the impact of mining with blasting operations which have already been carried out at a distance between 55 meters and 200 meters (290 meters as in case of the nearest blasting conducted by CIMFR, Dhanbad) cannot be fully understood and assessed scientifically by the present investigations.These trial blasts have been conducted as per the blast design parameters normally practiced in each mine which are as per the specifications stipulated by the controlling authorities, viz., Indian Bureau of Mines and other agencies and appear to have been conducted under ideal laboratory conditions. Many of the trial blasts have been conducted at locations having free faces of the working benches. Obviously, the results of the investigations show minimum or no impact on the architecturally sensitive temple especially when the blasts are conducted at locations having no ‘freeOn the basis of the data recorded as well as observations made during the experimental blasts, it is said,and scientifically that blasting may be carried out beyond 200 meters distance from Jambunatheswara temple without causing any structural damages provided that controlled blasting method is strictly adhered to (Annexure-V - Tables 3 and 4) and ‘follow the following blast pattern at 300 meters or more from the temple (Annexure-VI - page 88). The data recorded as well as observations made during the experimental blasts, admittedly and essentially are based on individual blasts and the investigating agencies have not either considered or evaluated cumulative or compounded impact of the multiple blastings taking place simultaneously at varying distances and altitudes. It is a matter of common perception that the collective impact of many less/non harmful individual entities could be severe and lethal in effect, probably not requiring any scientific or technical confirmation.The CIMFR Report (Annexure-V - page 7) significantly adds that "in the present condition, the altitudes (Reduced Level/RL) of the working benches of the different iron ore mines located near Jambunatheswara temple are in a higher level than the temple. Most of the mines are also having free surfaces of the working benches facing towards the temple. However, when the altitudes of these mines become on the same level or lower than the temple in future, it is recommended to reassess the impact of blast-induced ground vibration on theBy this, it may be construed that one cannot assess the impact of blast- induced ground vibrations on the temple when such blasts are made on the same level or lower than the level of the temple which have already been done as observed by the Respondent No. 9 and the members of the Committee during their field visits respectively.Another significant aspect of the Report of the CIMFR, Dhanbad is that in the very introductory page (Annexure-V - page 1) it has added a Note stating thatis hoped that the recommendations will be implemented to get the optimum results without hampering the production, productivity and safety. The recommendations are the guidelines, which should be implemented in letter andthe day-to-day blasting operations are not under the control of CIMFR, the research team will not be held responsible for any untoward incident caused byclearly indicates that nobody will ensure that these recommendations/ guidelines will be implemented in letter and spirit especially in the absence of a vigilant and effective management system to monitor the day-to-day mining operations. The ill- effects of the mining activities that have already taken place in the recent past in and around Jambunatha temple is a clear illustration reflecting this phenomenon.The Committee opines that the spirit and sanctity of Jambunatheshwara temple, continuously being worshipped from the day of its consecration till today, lies as much in its location as in the form, design and ornamentation of the Structural complex constructed during the Vijayanagara Period in around 1540 A.D. The spirit and sanctity are enhanced due to the locational significance of the Subject temple which is of primary importance. Jambunatheshwara is but one of the thousand and odd names of the manifestations of Lord Shiva, who according to Hindu Mythology and belief, is Kailasanatha - the lord of Kailasa Mountains. For this reason, for a staunch believer of Hinduism, all the hilltops are but a replica of Kailasa Mountains. Any damage caused to the immediate pristine environs of a temple located amidst such picturesque lush green landscape of the hill ranges, affects the very sentiments and beliefs of the pilgrims and devotees thronging to the temple, as it adversely affects the very abode of the lord.This significance of the location of the temple has yet another facet as it is situated in the Peripheral Zone of the Hampi World Heritage Site, which is included in the World Heritage List of UNESCO. The subject temple forms an integral part of the Vijayanagara architecture, hardly at a distance of about 4.5 kms from Ananatasayana temple, a centrally protected monument. Integration of Natural Heritage with the Built Heritage is one of the criteria for enlisting Hampi in the List of World Heritage Sites. Jambunatha temple, with the backdrop of lush green hill ranges, is one fine example for such harmonious integration. It is mandatory on the part of the State and the Central Governments to maintain the integrity and authenticity of the Site as Signatories to the World Heritage Convention of the UNESCO.Further, it is significant to note that most of the ambitious 16th Century Vijayanagara temple projects in and around Vijayanagara capital city which are distinguished by vast and lofty enclosures entered through towered gateways, approached by long and broad chariot streets or winding flight of steps following the natural contour of the hills, mandapas with elaborately ornamented pillars etc., are located on the hill tops. Hanuman temple on the Anjanadri Hill, Virabhadra temple on the Matanga Hill, Raghunatha temple on the Malyavanta Hill and the group temples of different periods on the Hemakuta Hill are only a few such examples within the Core Zone of the World Heritage Site. Sri Jambunatheshwara temple on the Jambunatha Hill and Sri Kumaraswamy temple near Sandur are other such temples in the peripheral area of the greater medieval Capital city of Vijayanagara. This place was also entry point to the Vijayanagarpattana, the capital of Vijayanagara empire. Location of such temples for the Guardian Deities on strategically located hilly landmarks of the region endowed with tranquil, picturesque and serene atmosphere of high altitudes, considered as abodes of cosmic energy, is part of the very concept of designing Cosmic Cities embodying complex yet sacred geometry derived from the canonical texts of the ancient lore.Thus the immediate environs of the Subject temple, is pregnant with all the aesthetic, serene, sacred and multifaceted symbolic values.The macro studies by the high level panel set up by the Union Government and the Indian Council for Forestry Research and Education (ICFRE) and the Environmental Engineering Research Institute (NEERI), which have submitted their reports to the Honble Apex Court in a separate Case pending before the Apex Court, have vividly brought out the adverse impact of mining and related activities in the entire State of Karnataka in general. In its Macro-Environment Impact Assessment report on Bellary, the ICFRE again has highlighted the environmental fall out of mining emphasizing the need to commission a feasibility study to bring in superior underground mining technologies to minimize the adverse impacts.An overview of the multi-faceted hazardous impact of mining activities in the context of the Bellary District, State of Karnataka is illustrated in the following extract.Environmental Engineering Research Institute (NEERI) found that suspended air particles at many locations in the district were far above the national health standards. According to NEERIs report, the dust hanging in the air of Bellary due to rampant mining is a serious health hazard. The area has high incidence of lung infections, heart ailments and cancer. However, the Karnataka State Pollution Control Board (KSPCB) has been tardy in issuing notices to mine-owners under existing laws (including the Air Act, 1981 and the Water Act, 1974). Mining has adversely affected the forest areas, including the reserved forest areas, in Bellary District. Dumping of waste material has caused erosion of the topsoil of the region. Species of wildlife such as the Egyptian vulture, yellow throated bulbul, white backed vulture and four-horned antelopes have vanished due to depletion in the forest cover on account of mining. Rainwater that used to earlier flow down hillocks and replenishes underground aquifers now picks dust along the way, contaminating water and degrading soil, making farming difficult. Studies point towards a fast rate of siltation in the Tungabhadra reservoir due to the deposition of waste material generated from mining.The report on the Study of Jambunatheshwara temple Surroundings by the Karnataka Remote Sensing Centre (KSRSAC), commissioned by the present Committee is a micro study addressing a similar issue concentrating mainly on the land use/land cover highlighting the area occupied by mining and mining related activities within the radius of 1 km and 2 km from the temple.V. RECOMMENDATIONS:In the light of the above observations and with due considerations to(i) the historical, religious, architectural, sculptural and aesthetic values of the Subject temple, forming an integral part of the cultural Heritage of the Vijayanagara period (the masterpieces situated in the nearby Hampi in the same Taluk of Hospet which have been declared as World Heritage in due recognition of their Out Standing Universal Values);(ii) the utmost symbolic and spiritual significance of the immediate pristine environs with lush green landscape of the hill ranges amidst which the said temple is located;(iii) as also the recommendations regarding the safe blasting parameters to avoid damage to the temple,(iv) the dire necessity of resorting to the ideology of sustainable mining and(v) the absence of any vigilant and effective management systems to monitor the adverse impact of the mining activities, the committee recommends as follows. For the purpose of convenience and easy apprehension of the Recommendations of the Committee, the area surrounding the Subject temple up to 2km has been divided into two Zones namely,I. CORE ZONE: comprising the temple along with area protected under legal provisions in vogue and the area further beyond it in all directions up to a distance of 1km;II. BUFFER ZONE: comprising the area further beyond the CORE ZONE in all directions up to a distance of 2 km from the protected area and 1 Km from the Core Zone.I. CORE ZONE:1) Total ban of mining with or without blasting but permitting the mining companies to carry away ore already extracted from the area by using earth moving machineries, without causing any damage either to the temple or to the environs;2) Implementation of immediate conservation measures, initiation of short term conservation measures and arriving at time frame and phasing for long time conservation measures;3) Preparation and implementation of Mine Closure Plan and4) Depositing requisite funds.II. BUFFER ZONE:1) Mining with blasting operations strictly following the recommendations/guidelines formulated by the investigating agencies (Annexures- V and VI) IN LETTER AND SPIRIT, implementing the Mine Closure Plan and attending to the long term conservation measures to the Subject Temple.2) Mining in this Zone shall be closely monitored and guided by the experts from Indian Bureau of Mines, Directorate General of Mines Safety, Department of Mines and Geology, Government of Karnataka, Forest Department, Karnataka State Pollution Control Board, Archaeologists, Conservation Architects, and any other scientific agency, if required, for avoiding any possible adverse impact on the Subject temple and its eco-environs in the long run.Accordingly, the Honorable Apex Court may kindly consider the following:1. The investigations by CIMFR and NIT (K) have suggested that, no blasting operations shall be carried within 300m radius of the Jumbunatheswara Temple. However, to prevent deposition of air borne dust on the temple causing discoloration, a 500m thick green cover ( fast growing tall trees) has to be developed around 300m zone from the temple. Therefore, no mining activity shall be allowed in Core Zone (within l km radius) of the temple.2. The existing haul road to the mines and all the vehicular traffic (other than those of tourists/pilgrims) shall be diverted away from the temple.3. The mine managements may be directed to submit Mine Closure Plans (MCP) giving detailed and well phased scheme of back filling, plantation and diversion of drains from catchment area, building of necessary infrastructure in and around the temple and other measures required to bring the temple and its immediate environs to regain their original past glory. Before doing so, the Mining Companies may be permitted to carry away the ore already extracted in the Core Zone by using earth moving machineries.4. A corpus fund may be created by collecting an amount of Rs. 3,43,19,160.00 (Rupees three crore forty three lakhs, nineteen thousand, one hundred and sixty) only from the mining companies operating within 2km radius from the temple. This fund may be utilized for the implementation of all the recommendations contained in the CONSERVATION PLAN for JAMBUNATHESHWARA TEMPLE, HOSPET prepared and submitted by the INTACH, Bangalore Chapter (November 2011) towards the conservation, preservation, beautification etc., as an effort towards the restoration of the original features and the aesthetic values of the temple to the best possible extent besides ensuring that the original environment is restored as far as possible.5. Pass an order directing M/s Aarpee Iron Ore Mines, No.24/151, Bellary Road, Hospet-583 201, Bellary (Dist) to fill the craters (Nishani Pits/ Mine Pits) caused due to extensive mining in the immediate proximity of the temple up to the ridge level and plant saplings of trees following the local flora like Neem, Tamarind, Pungamia etc., in order to protect the environs of the temple in its original pristine condition within three years by preparing a detailed Mine Closure Plan.6. Permitting mining with controlled blasting or without blasting using Ripper Dozer/ Rock-breaker or any other machinery and taking adequate measures towards generation, propagation, suppression and deposition of airborne dust in the Buffer Zone. Mining in this zone shall be closely monitored and guided by the experts from Indian Bureau of Mines, Directorate General of Mines Safety, Department of Mines and Geology, Government of Karnataka, Forest Department Karnataka State Pollution Control Board and any other scientific agency to avoid any further damage to the Subject temple and its immediate environs.7. Pass such other order or orders, as this Honble Court deems fit and proper in the facts and circumstances of the. After the Committee submitted its report, several affidavits were filed on behalf of the State of Karnataka. Shri Kaushik Mukherjee, Additional Chief Secretary to Government, Forest, Ecology and Environment Department, Karnataka filed affidavit dated 18.4.2012 stating that in compliance of theorder dated 11.3.2011, the State Government had prohibited all mining operations within a radius of 2 kilometers from Jambunatheswara temple. He then referred to order dated 5.8.2011 passed by this Court in SLP(C) Nos. 7366- 7367/2010 – Government of A.P. and others v. M/s. Obalapuram Mining Company Limited for a macro level EIA study by the Indian Council of Forestry Research and Education in collaboration with the Wildlife Institute of India, Forest Survey of India and other experts and the steps taken for implementation of that order. In paragraph 8 of his affidavit, Shri Mukherjee has given the details of eight mining leases falling within the radius of 2 kilometres from Jambunatheswara temple and averred that four of them come in Category-A and the remaining four in Category-B, as pointed out by the Central Empowered Committee constituted by this Court in SLP(C) No.7366/2010 and Writ Petition (C) No.562/2009 – Samaj Parivartana Samudaya v. State of Karnataka. In paragraph 12, Shri Mukherjee has given the details of the actions taken by Karnataka State Pollution Control Board against the defaulting lessees. Shri G.B. Kongawad, Secretary to Government, Commerce and Industries Department filed affidavit on 18.4.2012. He has referred to report dated 18.12.2008 of Lokayukta, Karnataka who found that eight leaseholders were engaged in illegal mining or encroachment. He then averred that the issue of illegal mining in Karnataka is pending before this Court in Writ Petition(C) No.562/2009 and mining activities in Districts Bellary, Chitradurga and Tumkur will be resumed only after compliance of the conditions/directions which may be imposed/given keeping in view the macro level EIA study conducted by ICFRE and the recommendations of the Central Empowered Committee. Shri Anil Kumar Jha, Secretary to Government, Commerce and Industries Department filed affidavit dated 21.7.2012. According to Shri Jha, some portion of the leased area falls within 200 meters of Jambunatheswara temple and renewal of that portion will not be considered now and that respondent No.15 will also be asked to surrender the area which falls within 200 meters of Jambunatheswara temple. Shri Jha has also averred that lease No.1867 granted to one R.J. Pattabhiramaiah had expired on 28.2.2003 and in the absence of renewal application, that lease does not survive for consideration. Shri Jha has claimed that as per the estimates prepared by Indian Bureau of Mines (IBM), about 61.14 million metric tonnes of high grade iron ore was available within the radius of 2 kilometers from the temple and if mining activity is not permitted, potential loss will further diminish the supply of iron ore in the State which is already under severe stress due to the ban on mining. In addition to these officers, Shri R. Sridharan, Principal Secretary to Government, Forest, Ecology and Environment Department and D.R. Veeranna, Additional Director (Minerals), Department of Mines and Geology have also filed their affidavits.51. Respondent Nos.4, 15 and 18 filed objections to the report of the Committee. In the affidavit filed on behalf of respondent No.4, Smt. R. Mallamma w/o late Shri R. Rampapathy has expressed her willingness to participate in the conservation plan and to contribute to the estimated expenses. According to her, respondent No.4 will start closure operation of Nishani pit/Mine pit, which is adjacent to the temple, within 3 to 5 years as per the plan approved by IBM. She pleaded that the report submitted by the Committee should be discarded because it is contrary to the report submitted by the expert bodies, i.e., CIMFR, Dhanbad and NIT. She claimed that mining carried out beyond a distance of 200 meters from Jambunatheswara temple is not going to cause any structural damage to the temple. Smt. Mallamma has pleaded that the Core Zone suggested by the Committee is contrary to the provisions of the 1957 Act, Mineral Concession Rules, 1960 and Mineral Conservation and Development Rules, 1988 inasmuch as the scheme of these statutes does not contain any restriction on mining up to a distance of one kilometre from the temple. She has relied upon clause 5 in Part III of the Mining Lease Deed and pleaded that no distance restriction can be imposed over and above what has been prescribed in the statutes and the terms and conditions of lease.52. In the objections filed on behalf of respondent No.15, the particulars of the lease granted by the State Government have been given and it has been averred that litigation emanating from the lease is pending before the Civil Court at Bangalore and the Karnataka High Court. According to respondent No.15, the restriction suggested by the Committee will adversely affect the production of iron ore and will cause serious loss to the country. Respondent No.15 has also taken the plea that Section 20 of the Karnataka Act restricts mining activities only within the ‘Protectedand not in other areas.53. In the objections filed on behalf of respondent No.17, it has been averred that mining activities are being undertaken in accordance with the conditions imposed by the State Government and clearance granted by the Ministry of Environment and Forest, Government of India. According to respondent No.17, its mine is situated at a minimum distance of about 500 meters from Jambunatheswara temple and no damage can be caused to the temple due to mining operations. It is also the case of respondent No.17 that the recommendations made by the Committee for creating Core Zone and Buffer Zone should not be accepted because the two expert bodies engaged by it did not make any such suggestion and even otherwise this would be contrary to the provisions of the 1957 Act and the Rules framed thereunder.54. Shri Ajay Saraf has filed affidavit on behalf of respondent No.18. He has given details of the mining leases awarded by the State Government to M/s. RBSSN Das and the permission accorded for operating the Beneficiation Plant.

Reasoning:
Mining within the principle of sustainable development comes within the concept ofwhereas mining beyond the principle of sustainable development comes within the concept ofIt is a matter of degree. Balancing of the mining activity with environment protection and banning such activity are two sides of the same principle of sustainable development. They are parts of precautionary principle.47. At this stage, we may also note that under Section 13(2)(qq) of the 1957 Act, rules have been framed for rehabilitation of flora and other vegetation destroyed by reason of any prospecting or mining operations. Under Section 18 of the 1957 Act, rules have been framed for conservation and systematic development of minerals in India and for the protection of environment by preventing or controlling pollution caused by prospecting or mining operations which also form part of the Mineral Concession Rules, 1960 and the Mineral Conservation and Development Rules, 1988.48. Under Rule 27(1)(s)(i) of the Mineral Concession Rules, 1960 every lessee is required to take measures for planting of trees not less than twice the number destroyed by mining operations. Under the Mineral Conservation and Development Rules, 1988, vide Rule 34, mandatory provisions for reclamation and rehabilitation of lands are made for every holder of prospecting licence or mining lease to be undertaken and that work has to be completed by the lessee/licensee before abandoning the mine or prospect.Similarly, under Rule 37 of the Mineral Conservation and Development Rules, 1988 the lessee/licensee has to calibrate the air pollution within permissible limits specified under the EP Act, 1986 as well as the Air (Prevention and Control of Pollution) Act, 1981. Under the said Rules of 1988, the most important guidelines are Guidelines 25.26.3, 25.26.4, 25.26.5 and 25.26.6. These guidelines deal with reclamation, planning and implementation, restoration strategy, principles of rehabilitation, rehabilitation of mined-out sites and methods of reclamations (see Handbook of Environment & Forest Legislations, Guidelines and Procedures in India by Ravindra N. Saxena and Sangita Saxena at pp. 1555-62). It may be noted that there are two steps to be taken in the method of reclamation, namely, technical reclamation and biological reclamation. The most important aspect of the above guidelines is making of a rehabilitationof the above provisions have been complied with. In the circumstance, by the present order, we hereby suspend all mining operations in the Aravalli hill range falling in the State of Haryana within the area of approximately 448 sq km in the districts of Faridabad and Gurgaon, including Mewat till the reclamation plan duly certified by the State of Haryana, MoEF and CEC is prepared in accordance with the above statutory provisions contained in various enactments enumerated above as well as in terms of the rules framed thereunder and the guidelines. The said plan shall state what steps are needed to be taken to rehabilitate (including reclamation) followed by status reports on steps taken by the authorities pursuant to the saidAct has been enacted, as already stated, to provide for the extension of the provisions of Part IX of the Constitution relating to Panchayats to the Scheduled Areas. Section 4(d) of the Act says that every Gram Sabha shall be competent to safeguard and preserve the traditions, customs of the people, their cultural identity, community resources and community mode of dispute resolution. Therefore, Grama Sabha functioning under the Forest Rights Act read with Section 4(d) of PESA Act has an obligation to safeguard and preserve the traditions and customs of the STs and other forest dwellers, their cultural identity, community resources etc., which they have to discharge following the guidelines issued by the Ministry of Tribal Affairs vide its letter dated 12.7.2012.When seen in this light, the protection of ancient monuments has necessarily to be kept in mind while carrying out development activities. The need for ensuring protection and preservation of the ancient monuments for the benefit of future generations has to be balanced with the benefits which may accrue from mining and other development related activities. In our view, the recommendations and suggestions made by the Committee for creation of Core Zone and Buffer Zone appropriately create this balance. While mining activity is sure to create financial wealth for the leaseholders and also the State, the immense cultural and historic wealth, not to mention the wealth of information which the temple provides cannot be ignored and every effort has to be made to protect the temple.92. Before concluding, we may deal with the submission of Shri Lalit that mining can be permitted beyond the distance of 300 meters from the temple by using Ripper Dozer and Rock Breaker machines. According to the learned senior counsel, the use of Ripper Dozer and Rock Breaker will not produce vibration which may cause harm to the temple. In our view, this submission does not merit acceptance because in paragraph 6 of the suggestions made by it, the Committee appointed by the Court has already indicated that mining in the Buffer Zone may be permitted with controlled blasting or without blasting by using Ripper Dozer/Rock Breaker or any other machinery and taking adequate measures towards generation, propagation, suppression and deposition of airborne dust to be closely monitored by experts from IBM etc.