In a significant move to safeguard the historical marvel of Chittorgarh Fort in Rajasthan, the Supreme Court has issued a landmark directive prohibiting blasting activities within a 5 kilometers radius. The court’s attention was drawn to the rich history and heritage of the fort, prompting this decisive measure.
The bench, comprising Justices Sanjiv Khanna and SVN Bhatti, articulated, “Given the continuous exposure of ancient monuments to peak particle velocity (PPV) arising from blasting, a radius of five kilometers from the compound wall of the Fort shall not be subjected to mining by blasting or use of explosives for mining of any minerals.”
The order permits manual/mechanical mining operations within the 5 kilometers radius, provided the lessee possesses a valid lease under the law.
Additionally, the court mandated the establishment of an Expert Committee within two weeks. This committee, to be formed by the Chairman of the Indian Institute of Technology (Indian School of Mines) in Dhanbad, Jharkhand, will conduct a comprehensive study on environmental pollution and the impact of blasting operations beyond the specified 5 kilometers radius. The committee is to consist of a team of multi-disciplinary experts.
The genesis of this directive lies in the Rajasthan government’s grant of mining leases in the vicinity of Chittorgarh Fort, known for its abundant limestone deposits. The extraction of minerals through blasting operations raised concerns about the fort’s sustained exposure to peak particle velocity (PPV).
Residents of Chittorgarh sought relief from the Rajasthan High Court, resulting in an order prohibiting mining and blasting activities within a 10 kilometers radius of the fort. The High Court, applying the polluter pays principle, directed mine holders, including Birla Corporation, to pay a compensation of INR 5 crores for the fort’s restoration.
Challenging this, Birla Corporation, possessing a mining lease at a distance of about 4.5 kilometers from the fort’s boundary, approached the Supreme Court. The court, while issuing notice, emphasized that the High Court did not address the complete ban on mining operations around the fort, excluding blasting.
The Central Building Research Institute, Roorkee, was then directed to conduct a comprehensive study of the environmental impact within a 10 kilometers radius. Discrepancies arose as the institute’s report conflicted with another report from the Ministry of Coal and Mines, Indian Bureau of Mines, Mining Research Cell.
The court, after careful consideration, opined, “The issue is undoubtedly of grave concern, and the conflict between the exploitation of mineral wealth and sustaining the neighborhood adheres to the principle of sustainable exploitation of mineral resources without adversely affecting the community interest.”
Expressing skepticism about the efficacy of blasting operations beyond safe distances, the court advocated an independent study by a third-party institution and experts. Notably, the court also addressed factors contributing to the fort’s deterioration, such as money menace, unwanted vegetation growth, and defacing of statues.
In a multi-dimensional approach to fort preservation, the court directed the Rajasthan government and the State Pollution Control Board to strictly implement Solid Waste Management Rules, 2016, in the fort area. The court emphasized that preventing damage from collateral activities must be concurrently addressed by the State Government of Rajasthan and the Archaeological Survey of India (ASI).
As a parting note, the court granted the Rajasthan government and State Pollution Control Board authority to halt blasting operations if the study reveals unexpected damage to fort structures. The expenses of the study were to be borne by Birla Corporation.
This significant ruling underscores the court’s commitment to preserving historical monuments and balancing economic interests with environmental concerns.
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