Thane illegal mining: Bombay High Court orders recovery of over ₹190 crore penalty
For nearly two decades, tribal residents of Chinchavli have lived under a cloud of dust, noise of explosives used to blast rocks as rampant quarrying scarred the hills, contaminated the air and water, and triggered multiple health complications. Earlier this year, The Hindu had reported on the long-standing mining activity and its toll on the village, drawing attention to the human and ecological costs.
The court was hearing a public interest litigation (PIL) filed by environmental activist Nandakumar Waman Pawar and resident of the area Bhaskar Warghada, who alleged that the quarry operator had violated environmental clearance conditions and exceeded the approved excavation area and volume. The site, spread across hilly terrain, was originally leased for mining minor minerals like basalt and earth under a plan permitting extraction of up to five lakh tonnes over five years.
The petition said Chinchavali village is a mountainous terrain with rich biodiversity. On February 23, 2015, Laxmi Stone Industries owned by Vishvanath Ramchandra Panvelkar, was granted quarry lease for a period of five years for extraction and sale of minor minerals of stone (all sizes) and ordinary earth on the said land. The lease was further renewed for a period of five years up to August 27, 2024. The mining plan reveals that one lakh tonnes per annum of basalt and weathered soil was supposed to be extracted for a period of five years totalling to five lakh tonnes. On November 19, 2019, environment clearance was granted in favour of the mining company.
The petition further said that the carried-out quarrying activity at the site was in violation of the provisions of Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013 and Environment Protection Act, 1986 and that the company exceeded the permissible area, exceeded the quantity of extracted mines and minerals. It is alleged that the company destroyed the mountainous terrain during the course of its mining activities.
An official inspection by the Thane Collector, using ETC (Electronic Total Station) machines, revealed significant over-excavation—amounting to over 1.3 lakh brass of material. Based on this, the Collector passed two separate orders in December 2024 and February 2025, imposing penalties of ₹10.71 crore and ₹179.58 crore respectively.
While dismissing the PIL on grounds of delay—the quarry lease was originally granted on August 25, 2009 — the court noted that penalty proceedings had already addressed the petitioner's core grievance. The bench, comprising Chief Justice Alok Aradhe and Justice Sandeep V. Marne, directed the authorities to recover the dues unless stayed by a competent court.
The judgment also acknowledged satellite imagery and survey data showing mining beyond the permitted four hectares, with activity reportedly extending to 9.88 hectares. It directed the Konkan Divisional Commissioner, who heads the Matheran Eco-Sensitive Zone monitoring committee, to file an affidavit on further violations.
'The Collector shall take appropriate action for recovery of the royalty as well as penalty for excess excavation carried out by Respondent No.8. This would however be subject to any challenge raised by Respondent to the penalty orders. The PIL Petition is accordingly disposed of,' the Bench said.
Mr. Pawar said, 'This is a major step toward justice for the tribal communities who have suffered silently for years. We hope the government ensures full recovery of penalties and restores the ecological balance of the region. The news report published on The Hindu added an extra layer of pressure on the collector to issue the order of penalty. However, the environmental restoration part has been undermined in the judgement and for that we plan to approach the Supreme Court along with the rights of Adivasis.'
Mr. Warghada speaking on behalf of the residents, expressed gratitude for the win. 'Living with sounds of blasts and dust for almost two decades, we had accepted our fate and given on any hope as for years, no authorities paid heed to our grievances. Reading The Hindu's report, the Mr. Panvelkar had approached us twice to convince us to settle the matter outside court. He offered us money in exchange of our ancestral homes and lands which we refused.'
The case marks a significant development in long-standing calls for environmental accountability in quarrying zones, particularly in areas inhabited by tribal communities. Civil society groups have welcomed the ruling as a critical step toward ensuring that violations are penalised and that such sensitive regions receive stronger regulatory oversight.
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