NGT Orders joint probe into quarry impact on Tata Cancer Hospital due to illegal mining

National Green Tribunal (NGT) has ordered a joint inspection into alleged illegal quarrying and stone crushing operations behind the Tata Cancer Hospital (ACTREC) at Kharghar in Maharashtra’s Navi Mumbai and submit the report within a month.

The bench comprising Justice Dinesh Kumar Singh and Expert Member Dr. Sujit Kumar Bajpayee directed to conduct the survey and ascertain the scale of excavation and possible damage to the premier cancer treatment and research facility.

“The Committee is directed to visit the site in question and submit its report as to whether illegal mining/crushing activity is being done/had been done in the past; whether the said activity is being done/had been done illegally without any permission; the period for which the said activity was done; the quantity extracted, etc., and the damage caused to the Cancer Hospital in question shall also be ascertained and the possible remedial measures shall also be suggested. The Committee shall also ascertain what impact would be on the Cancer Hospital due to the ongoing crushing activity at the site in question would have on the Cancer Hospital. The Committee shall submit its report within one month,” the Court ordered. 

NGT was hearing the two matters on February 12, a petition filed by NatConnect Foundation director B.N. Kumar and a suo motu case based on media reports. The Court instructed to constitute a Joint Committee comprising members from Maharashtra Pollution Control Board (MPCB), District Collector, Raigad, Directorate of Geology and Mining Department, State of Maharashtra, and Ministry of Environment, Forest & Climate Change (MoEF&CC), with MPCB as the nodal agency for coordination and logistic support. The detailed order was uploaded on February 17. 

Green groups, including the Kharghar Hill & Wetlands Forum, along with local residents, have voiced serious concern over the proximity of quarrying operations to a critical healthcare institution. They argue that “immunocompromised cancer patients are especially vulnerable to airborne dust, vibrations and other environmental disturbances generated by mining and crushing activities”. NatConnect director B N Kumar’s counsel submitted that substantial damage has already been caused to the hospital structure due to prolonged blasting and vibrations. It was also pointed out that despite being made a party to the proceedings, no one had appeared on behalf of the hospital at the hearing.

In an affidavit filed before the tribunal, the Raigad District Collector stated that quarrying activity had permission only up to the financial year 2020-21 and permission was not extended further, acknowledging that six crusher machines are operational at the site and that these units possess Consent to Operate from the MPCB along with a No Objection Certificate issued earlier by the erstwhile Gram Panchayat of Owe.

MPCB submitted that it had granted Consent to Operate to the stone crushing units subject to stipulated terms and conditions. At the same time, it recorded that proposed directions had been issued to certain crusher units under the Water and Air Acts for non-compliances, indicating regulatory concerns over pollution control measures, as per the affidavit. 

The tribunal has directed the issuance of notices and listed the matter for further consideration on April 20.