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Synopsis

The Supreme Court has said the Chittorgarh Fort, constructed in the Mauryan period and declared as a heritage monument, must be maintained and preserved under all the circumstances, as it prohibited mining by blasting or use of explosives within a radius of five kilometres from its compound wall.

"The exploitation of minerals available in the surrounding area by the lessees to the State Government, particularly in an unscientific manner or disproportionate exploitation of minerals in hard and rude mining activities, was seen as a threat to the existential utility of the Chittorgarh Fort and the structures," a bench of Justice Sanjiv Khanna and S V N Bhatti said.

The court ordered the Chairman, Indian Institute of Technology (Indian School of Mines), Dhanbad, Jharkhand to constitute a team of multi-disciplinary experts in civil engineering, earthquake engineering, structural geology and mining engineering, within two weeks to undertake the study of environmental pollution and impact on all the structures in the Chittorgarh Fort from the blasting operations beyond a five-kilometre radius.

The court approved the terms of reference already formulated for study including the causes that have led to cracks and other damage caused to the Fort, other than ageing simplicitor, adverse impact of the uncontrolled access to tourist and general recommendations on the steps to be taken to restore the structural integrity to repair the cracks and to ensure that no damage in future.

"With the passage of time, technological innovations have taken place and are kept in perspective by the Committee for carrying out the proposed study. The Committee, in addition to the terms of reference, keeps in perspective, the framework of baseline data collection, advanced remote sensing techniques, advanced survey techniques, seismic monitoring and vibration analysis, geological and geotechnical investigations and structural analysis, as may be applicable to the study," the bench said. 

The court ordered the study should be carried out for four months from the date of commencement and the blasting activities are allowed to be undertaken during the study period.

It also ordered the Rajasthan government authorities to prepare the list of the leaseholders beyond five kilometres and within a ten kilometre radius and furnish the details of lessees who desire to operate by blasting to the Committee.

"We declare and hold that notwithstanding any liberal recommendation on undertaking blasting operations nearer to the Chittorgarh Fort, keeping in perspective the continuous exposure of ancient monuments to peak particle velocity (PPV) arising from blasting, a radius of five kilometres from the compound wall of the Fort shall not be subjected to mining by blasting or use of explosives for mining of any minerals. In other words, the manual/mechanical mining operations permitted within a radius of five kilometres are allowed to be continued, subject to the lessees possessing a valid lease in accordance with law," the bench said.

Among other directions, the bench told the Union government through the Director General, ASI, to file a compliance report on the deficiencies noted in the monument’s maintenance, steps initiated and progress made by the next date of hearing.

The court noticed other contributory circumstances viz negligence causing deterioration to the structures in Chittorgarh Fort.

"Monkey menace, human/tourist footfall, unwanted vegetation growth, and the defacing of statues are a few factors recorded in the report dated 30.09.2014 that are contributing to the deterioration of the Fort. The extent of damage to the monument is a serious question. So, the prevention of damage from any such collateral activities must be simultaneously addressed by the State Government of Rajasthan and the ASI," the court said.

The bench also directed the Rajasthan government to implement Solid Waste Management Rules and to take all steps necessary to control the monkey menace and the sources of unauthorised littering in the entire Fort and the neighbourhood.

The bench accepted a statement made on behalf of the petitioner Birla Corporation Ltd which used an electronic blasting system, with a condition that it should not exceed the quantity suggested in the Report of Ministry of Coal and Mines, Indian Bureau of Mines, Mining Research cell.

The petitioner contended that it possessed a mining lease for 598.98 hectares at a distance of about 4.5 kilometres from the boundary of the Chittorgarh Fort. It challenged the validity of the High Court's order stating that no mining activities and blasting should take place within 10 kms from the fort wall and cancelled all such mining leases.

In 2013 as part of monitoring the effect of the mining activities in the neighbourhood of the Chittorgarh Fort, the court had directed the study of a cumulative impact of peak particle velocity (PPV) on the structures in the Fort from the blasting operations undertaken by the lessees of the mining leases. 

The court had then permitted the study of cumulative impacts of vibrations and peak particle velocity (PPV) on the structures in the Fort from the blasting operations and simultaneously prohibited blasting for any purpose, including the proposed study, within the radius of one kilometre from the boundary of the Chittorgarh Fort. 

The court had directed the Central Building Research Institute, Roorkee (CBRI, Roorkee), to undertake a comprehensive study of the environmental impact on the subject monument from the mining and blasting activities by the lessees of the mining lease within a radius of ten kilometres.

After going through CSIR-CBRI, Roorkee's September 30, 2014 report, the bench noted it also deals with the ancillary causes for the present state of affairs, i.e., footfall of tourists, the presence of monkeys and haphazard maintenance by the ASI and local authorities. 

"We are of the view that the approach to preserving the monument must be multidimensional. With the passage of every year, the need to preserve monuments increases. The prohibition and regulation of blasting would address only one front of the problems identified in the Report. Therefore, this court is of the firm view that the Chittorgarh Fort, a heritage monument, must be maintained and preserved under all the circumstances. The common thread running through the argument of all the counsel in the steps needed to preserve the Fort are implemented and if need be, this court issues continuous mandamus from time to time to the authorities," the bench said.

"However, we are also of the view that the safe minimum distance for blasting operations from the Chittorgarh Fort suggested in the Report of the CSIR-CBRI, Roorkee in all material particulars is not in line with the Report of the Ministry of Coal and Mines, Indian Bureau of Mines, Mining Research Cell," the bench added.

At the same time, the court noted, despite reports suggesting that blasting operations can be undertaken beyond the safe distance as suggested by the experts would ought not to be given effect unless examined in a detailed study undertaken by exploring the latest techniques and technologies. 

"The scientific/technological advancements can only be ignored if their efficacy as wanting is established in a study undertaken by a committee constituted by this court. This court at this stage of consideration ought not to accept the electronic blasting system technique suggested by the petitioner can be a safe solution to allow mining operations by blasting without a prohibitory radius. By choice, we prefer a third-party institution and experts in this branch of engineering/science to undertake the study independently and file a report before this court on these aspects," the bench said.

The court posted the matter for consideration on July 9, 2024.

Cause Title: Birla Corporation Limited through its managing director vs. Bhanwar Singh and Other