Maharashtra's Chinchavli village takes illegal quarrying battle to Supreme Court, calls Bombay HC's order ‘half-hearted'

The Hindu

04-08-2025

Alleging that the Bombay High Court offered 'incomplete justice' in an over ₹190 crore illegal quarrying case within a protected ecological zone, residents of Chinchavli village in Maharashtra's Thane district have moved the Supreme Court, challenging the High Court's July 1, 2025, judgment.
Filed by Nandakumar Waman Pawar, a 63-year-old environmental activist, and Bhagawan Walku Waraghada, a 30-year-old tribal resident of Chinchavli, the Special Leave Petition (SLP) contends that the Bombay High Court's order, while acknowledging environmental violations, failed to ensure meaningful accountability or restitution for the damage caused by over 17 years of illegal mining and blasting inside the Matheran Eco-Sensitive Zone (MESZ).
The petition urges the apex court to uphold the 'polluter pays' principle under the Environment Protection Act, 1986, and argues that monetary penalties imposed under the Maharashtra Land Revenue Code (MLRC) cannot replace mandatory environmental compensation, ecological restoration, or deterrent sanctions needed to prevent future violations.
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, on January 19, 2025, The Hindu had reported on the long-standing mining activity and its toll on the village, drawing attention to the human and ecological costs.
On July 1, 2025, the Bombay High Court directed the Maharashtra government to recover ₹ 10,71,44,926 for excess excavation under a mining lease and ₹ 1,79,58,61,032 for illegal mining beyond the permissible area from a private quarry operator in Chinchavli village, located in the ecologically sensitive Ambernath region of Thane district.
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, 'Though the High Court acknowledged these findings, it refused to adjudicate on pleas seeking cancellation of quarry lease, environmental remediation, compensation to villagers, and accountability of regulatory authorities, stating that the Collector's recovery action was sufficient. Due to lack of governance and monitoring by government agencies, environmental degradation and pollution violations remain unchecked and continue across much of Maharashtra. The government is also losing a significant source of revenue through unpaid royalties.'
The petition contends that illegal mining in an eco-sensitive zone requires a distinct set of remedies under the Environment Protection Act, 1986, including: full ecological restoration of the mined landscape; assessment and recovery of environmental compensation; and a court-monitored investigation into regulatory complicity; and cancellation of the quarry lease and operating permits.
Mr. Waraghada said, 'By declining to rule on these pleas, the High Court has precluded the possibility of future redress under the principle of constructive res judicata, thereby closing the door on any other forum examining the issue. This is the reason we are filing this petition in the Supreme Court.'
'This is not just a case of excess mining but a systemic failure of environmental governance,' the petition read, adding that the residents' fundamental rights to a safe and healthy environment have been violated.
The MESZ, notified in 2003 by the Ministry of Environment and Forests, prohibits quarrying and industrial activities in the buffer zone surrounding the Matheran hill station to preserve its fragile ecosystem.
Despite this, the quarry in Chinchavli has been operational since at least 2009, with repeated renewals of the mining lease, and approvals granted for mining plans and pollution control consents. Residents allege that multiple government bodies — including the Revenue Department, Maharashtra Pollution Control Board (MPCB), and Directorate of Geology and Mining — allowed these operations despite knowing that the site fell within the MESZ.
In July 2024, the Ambernath Tehsildar issued a stop-work order against the quarry, citing public safety risks and environmental damage, based on ground reports and complaints from villagers. An Electronic Total Station (ETS) survey later confirmed large-scale illegal extraction beyond the lease boundaries.
Residents, many of whom live within a few hundred metres of the quarry, said the daily blasting and stone crushing had caused structural cracks in homes; noise and dust pollution; disruption of water sources; risk of landslides due to hill-cutting and wildlife disturbance and loss of green cover.
'We've been raising complaints since 2015. But no one listened until the PIL,' said Mr. Waraghada, whose family lives in Chinchavli for three generations. 'Now the High Court says the case is over. But what about us? What about the land and forest that's gone?' he asked.
The petitioners have requested the Supreme Court to: set aside the Bombay High Court's order; direct immediate environmental restoration of the affected area; mandate recovery of environmental compensation over and above mining dues; order a judicially monitored probe into approvals and oversight failures; and stay any further mining activity at the site during the pendency of proceedings.
The petition also urged the Court to lay down binding directions to prevent mining activity in eco-sensitive zones across the country, citing the need for a systemic response.