Blasting is the most essential part of Mining and Civil Engineering and often the cause of most of disputes with the neighbours as the blasting produces Unwanted Ground Vibrations, sound etc. And is often blamed for the damage of the neighbouring properties.
Alternates to blasting such as ripping, cutting etc, are used at a few places but have their own limitations. Thus Rock Blasting has no substitute. It’s the cheapest and fastest Rock Breaking technique and the only technique capable of producing huge volumes as demanded by today’s business needs.
Higher volumes of productions necessitate higher volumes of use of explosives. Making it more susceptible to claims and litigation.
As the Mining & Civil Engineering industry expands and so also the villages and cities, explosives users need to find the ways to insulate themselves against spurious claims and vexation litigation. The legal position elucidates the tortious and regulatory liability of the mine owner. The object of the regulations is to ensure a fair balance between the right of the mine owner and the right to life and liberty of the persons as guaranteed by the Constitution of India.
This paper discusses the facts, legal position and mitigation methods of such claims and litigations.
BLASTING RELATED LITIGATION : FACTS, LEGAL POSITION & WAYS OF MITIGATION METHODS
- Blasting AND/OR Alternates: Selecting/Choosing the Alternates
- Review of Studies on Ground Vibrations and the Future Needs for Research.
- Field Evaluation of Stemming Plugs in Limestone Mining
- Blasting Related Litigation
- Operating a Quarry
- Selecting a Seismograph
- Selecting Quarry Area
- Blasting/Excavation Litigation
- Safe Distance for Blasting
- Crusher Layout
- Excavation Planning
- Contractors Evaluation
- Blasting Damage
