National Green Tribunal
Daljeet Singh vs State Of U.P on 25 August, 2022
Item No.03 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.201/2022
Daljeet Singh ...Applicant
Versus
State of U.P. ...Respondent
Date of hearing: 25.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondents: Mr. Pradeep Misra alongwith Mr. Daleep Dhyani,
Advocates for UPPCB.
Mr. D.C Pandey, Regional Officer, UPPCB
Application is registered based on a Letter Petition received by Email.
ORDER
1. The grievances of the applicant are that Star Mines has been awarded lease for sand mining in village Bartha Korsi, Tehsil-Behat Distt.
Saharanpur, Uttar Pradesh. The miner is illegally carrying on underwater mining in Yamuna River by using heavy machinery and is thereby even diverting the natural flow of Yamuna River which is causing the risk of floods in the rural areas of Haryana. The illegal mining is also endangering flora and fauna and riverine ecology. Excessive mining is being done and minerals are being carried in overloaded unauthorized trucks. In support of his grievances, the applicant has enclosed photographs which reflect use of heavy machinery for alleged illegal mining being done in utter violation of Sustainable Sand Mining Management Guidelines, 2016.
2. It is now well settled that this Tribunal is empowered to take cognizance of the cases involving questions relating to environment arising out of the O. A. No. 201/2022 Daljeet Singh Vs. State of U.P. -2- implementation of enactments specified in First Schedule of the National Green Tribunal Act, 2010 'Suo Moto' as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC 897. This Tribunal can also take cognizance of such cases on the basis of letter petitions in accordance with settled principles of law governing the public interest litigation.
3. Accordingly, this Tribunal, vide order dated 21.04.2022, constituted a Joint Committee comprising of CPCB, Uttar Pradesh State Environment Impact Assessment Authority (UPSEIAA) and State PCB, Director, Department of Mines, Government of Uttar Pradesh and District Magistrate and Superintendent of Police, Saharanpur and directed the same to submit factual and action taken report within two months. The relevant part of the order reads as under:-
"In view of the serious allegations made in the letter Petition, it would be appropriate to have a factual and action taken report in the matter. Accordingly, we constitute a Joint Committee comprising of representatives of CPCB, Uttar Pradesh State Environment Impact Assessment Authority (UPSEIAA) and State PCB, Director, Department of Mines, Government of Uttar Pradesh and District Magistrate and Superintendent of Police, Saharanpur, Saharanpur. The State PCB will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks, undertake site visit, look into the grievances of the applicants and take requisite action by following due process of law. Factual and action taken report inter alia covering compliance with Enforcement and Monitoring Guidelines for Sand Mining, 2020 and Sustainable Sand Mining Management Guidelines, 2016 with reference to district survey report and replenishment studies may be furnished within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF."
4. In compliance thereof, Dr. D.C. Pandey, Regional Officer, UPPCB has submitted report of the Joint Committee to this Tribunal vide letter dated 13.07.2022 sent by email dated 13.07.2022. The relevant part of the report reads as under:-
O. A. No. 201/2022 Daljeet Singh Vs. State of U.P. -3- "X X X X X X Further, joint inspection of M/s Star Mines as per the referred NGT order was carried out onJune24, 2022 by a team comprising following officials nominated by concerned department:
1. Shri Rajnish Kumar Mishra, ADM (F&R) Saharanpur.
(nominated member of District Magistrate, Saharanpur)
2. Dr. B.B. Awasthi, Member SEAC-1, (nominated member of SEIAA, U.P.).
3. Runa Oraon, Sc. `13', CPCB, Lucknow (nominated member of CPCB).
4. Shri Raghvendra Saxena, Geologist/R.O. Ghaziabad (nominated member of Director, Department of Mines, Govt. of Uttar Pradesh).
5. Dr. D.C. Pandey, Regional Officer, UPPCB, Saharanpur (nominated member of UPPCB) Nominated member from Superintendent of Police, Saharanpur, was not present during inspection.
Salient details, observation and recommendations based on inspection is as below:
i. M/s Star Mines herein after referred as is located in the catchment area of River Yamuna at Gata No. 1 having total area of 36 Hectare in Village Barthkorsi, Tehsil-Behat, District- Saharanpur (UP).
ii. During inspection, mining operation was not being carried out. It is informed that mining operation is closed since morning of the date of inspection (24.06.2022) due to its own reason. No machinery or vehicle used in mining activity was observed on site.
iii. It is informed by Project Proponent(PP) that mining material is sold to nearby stone crushers located in Behat. iv. The State Level Environment Impact Assessment Authority (SEIAA) has issued Environmental Clearance (EC) on 26.03.2021 to Shri Deepak Chaudhari, Proprietor of the PP for proposed SancUBajari/Boulder Mining at Gata No. 1 in village Barthakorsi, Tehsil- Behat of Saharanpur District of Uttar Pradesh State. As per EC, all longitude mentioned in EC is attached with abbreviation `N', in place of desired abbreviation `E'. The SEIAA has corrected abbreviation vide letter dated30.12. 2021.Copy of EC is annexed as Annexure-2.
v. Notice for E- tendering along with E- Auction was issued by the mining department on 01.11.2019. The lease area of the mine in question is one of the areas among the six areas for O. A. No. 201/2022 Daljeet Singh Vs. State of U.P. -4- which they said auction notice was issued. Copy of Notice is annexed as Anneaure-3.
vi. Letter of Intent (LoI) was issued by the District Administration to the PP on 30.12.2019. the LoI was issued for 36 hectares mine lease area (Quantity7,56,000 m3)and for the period of 5 years. Copy of LoI is annexed as Annexure-4. vii. The cluster certificate has been issued by the Mining Department on 12.03.2020, wherein it has been noted that no mine is operational or a lease has been issued in 500 m from the periphery of the proposed mine lease area. Copy of cluster certificate is annexed as Annexure-5.
viii. The public hearing for the project was conducted at the conference hall of Tehsil Behat on 19.10.2020. ix. The lessee had started mining after getting EC from SEIAA and permission from the Mining Department. During the visit, the PP's representative stated that RBM excavation started on 04.04.2021.
x. The permission for mining has been granted by the Mining Department on 01.04.2021.Copy of permission for mining is annexed as Annexure-6.
xi. As per portal of Directorate of Geology and Mining, Uttar Pradesh, total 7,56,000 m3 in 1st year and 1,11,352 m3 in 021A year of mineral has been excavated by project proponent since mining started.
xii. The weighing bridge has been installed for weighing the amount of excavated material. The data generated through the weighing system is been submitted on the online portal of Directorate of Geology and Mining, Uttar Pradesh. xiii. As per the information provided by the PP, the excavated material is sold to stone crushers for further processing.
xiv. The PP has carried out mining operations without Consent from UPPCB. They have submitted the online application for seeking Consent from UPPCB on 17.06.2021. Based on it, the UPPCB has issued a show - cause Notice to the mine on 09.09.2021. The environmental Compensation of Rs. 7,70,000 / - is imposed for the period of 77 days (01.04.2021- 17.06.2021) at the rate of Rs. 10,000 / - per day in accordance with the methodology developed by the CPCB. xv. The mining has been granted Consent to Operate under the Water (PCP) Act,1974 and the Air (PCP) Act, 1981 on 30.12.2021, which was valid from 18.12.2021 to 31.12. 2025.It indicates that till 18.12.2021the mining operation was carried out without consent to operate granted by SPCB. According to Mining Department there is no mining by PP from 30.06.21 to 10.01.2022.
xvi. The PP has installed a weighing bridge near their camp office and also installed CCTV cameras along with one PTZ camera.
xvii. A setup for recording the data from the weighing machine and transferring it through the online portal is available near the weighing bridge.
O. A. No. 201/2022 Daljeet Singh Vs. State of U.P. -5- xviii. A DG set of 25 KVA was available near the camp office for power backup. The DG set is equipped with acoustic enclosure, but not provided with adequate stack height as per norms.
xix. The unit has installed one borewell for meeting water requirement. No flow meter is installed at borewell. The unit has applied for NOC from Ground Water Department, Ministry of Jal Shakti, Govt. of Uttar Pradesh on 31.12.2021, which is yet to be granted. The PP has not. obtained permission for ground water as per EC before starting of mining operation. xx. As per the condition of EC, four Ambient Air Quality monitoring stations were supposed to be established in the core zone as well as a buffer zone. However, no such air quality monitoring station was found established/ operational at the site.
xxi. The roads leading to the mining site have been badly damaged.
xxii. The Geo coordinates mentioned in EC defining mining lease boundary were verified and it was found that Geo coordinates mentioned in EC are matching for 5 points (i.e., point A, C, D, E and F) and not matching for 3 points (i.e., Point B, G and H).
xxiii. During inspection, it is observed that active mine pit was filled with water. It is informed by mining officer that water in active mining pits is due to seepage of water from river. xxiv. It is informed by Nayab tehsildar, boundary of Haryana is approx 200 m away from bank of River Yamuna. xxv. PP was asked to provide the information regarding the Active area of mining, Quantity of mining and no. of days of operation, but the data has not been provided. xxvi. During inspection, mining pit was observed within mining lease area.
xxvii. The PP has carried out replenishment study of river of period 202 1 (Pre mansoon: June 2021& Post Mansoon October 2021). It is informed by mining officer thcit study is carried out by mining departMent for all mining lease in Saharanpur. xxviii. The mining area was inspected earlier by joint committee comprising nominated members of District Magistrate, MoEF & CC, CPCB, UPPCB on 13.10.2021 in compliance of Hon'ble NGT order dated 09.06.2021 in the matter of Appeal No. 15/2021(I.A. No. 119/2021 & I.A. No. 120/2021)-Pramod Vs State of Uttar Pradesh & Ors. The matter was heard on 10.05.2022 and Hon'ble NGT has passed order to impose revise Environmental Compensation (EC)to PP. The relevant portion of order is as below:
"9. Accordingly, the State PCB may appropriately enhance the compensation for illegal extraction of ground water and conducting mining without requisite consents within two months, following due process of law. O. A. No. 201/2022 Daljeet Singh Vs. State of U.P. -6-
10. The assessed compensation may be deposited by the PP within two months with the State PCB to be kept in a separate account and utilized for restoration of environment by preparing a restoration plan by joint Committee of CPCB, State PCB and District Magistrate, Saharanpur. Restoration plan may include plantation, air quality monitoring system, restoration of roads. The Committee may also oversee the execution of the restoration plan, involving appropriate agencies. The application is disposed of "
Copy of referenced NGT order is annexed as Annexure-7.
xxix. In the matter of O.A. No. 403/2022 (I.A. No. 133/2022) Daljeet singh V/s State of Uttar Pradesh & Ors. Hon'ble NGT has passed an order dated 30.05.2022, The relevant portion of order is as below:
" 8. In the meanwhile no lease shall be granted and also no mining shall be commenced in any of the mining sites in District Saharanpur, Uttar Pradesh before completion of replenishment study, updation of DSR and grant of Environmental Clearance/CTE/CTO on the basis thereof in accordance with SMCG, 2016 and EMGSM, 2020."
In another O.A. No. 140/2021 Rallcumar V/s State of U.P. and Ors. With O.A. No. 141/2021 Ramkaran Kam V/s State of U.P. and Ors. Hon'ble NGT has passed order dated 06.05.2022. The relevant portion of the order is as below:
...... "11. Accordingly, the ACS, Mining, UP has fairly stated that replenishment study will be conducted prior to auctions in future and with regard to the current leases, ongoing replenishment study will be expedited. In the light thereof the leases witl be renewed, if necessary. Such studies for all Districts in UP will be completed by December 31, 2022 and for Banda by June 30, 2022. She has further stated that the allegation of instream mining will be verified and if found true, the same will be discontinued"
" 12. In view of above, let the Replenishment studies be completed by credible institutions, following due procedure, in accordance with para 5 of EMSG, 2020. Further, no mining be permitted till replenishment studies are completed beyond the schedule laid down above... ...."
Copy of referenced NGT order is annexed as Annexure-8.
Recommendations.
1. Principal Secretary, Mining and Geology Department, Govt. of UP and Mining Department, Saharanpur should ensure that mining activity should be carried out as per mining plan and as O. A. No. 201/2022 Daljeet Singh Vs. State of U.P. -7- per condition stipulated in EC. Regular surprise vigilance is required by the District Administration, Saharanpur and Mining Department.
2. Proper pillar marking in mining area as per geo-coordinates mentioned in EC should be installed. Mining Department, Saharanpur should ensure marking in mining area.
3. PP should be directed to obtain NOC from CGWA/SGWA for withdrawal of ground water. PP should also install electromagnetic flow meter at tubewells and maintain proper log book of fresh water withdrawal.
4. The PP should provide adequate stack height in DG sets.
5. The PP should provide adequate green belt in mining area.
6. Necessary direction should be issued by UPPCB to PP for ensuring compliance of EC condition and Consent conditions in totality.
7. UPPCB should ensure compliance of Hon'ble NGT order dated 10.05.2022 in the matter of Appeal No. 15/2021(1.A. No. 119/2021 & I. A. No. 120/2021)-Pramod Vs State of Uttar Pradesh & Ors. SPCB should also ensure compliance of recommendation of joint committee report in the above said matter."
5. The report of the Joint Committee contains observations regarding serious violations of consent conditions and environmental norms by the Project Proponent- M/s Star Mines with recommendations for remedial action.
6. In view of the above, we consider it appropriate to seek response from the respondents and accordingly direct issuance of notices alongwith copies of the application and report of the Joint Committee to the respondents No. 1 to 5 (1) State of Uttar Pradesh through its Chief Secretary, Government of Uttar Pradesh, (2) Director, Directorate of Geology and Mining, Uttar Pradesh, (3) UPPCB, (4) District Magistrate, Saharanpur and (5) the Project Proponent-
M/s Star Mines, Gata No. 1, Village, Barthkorsi, Tehsil-Behat, District-
Saharanpur, Uttar Pradesh by E-mail requiring them to file their response/reply to the allegations made in the application and observations/recommendations made in the report of the Joint Committee within two months at [email protected] in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. O. A. No. 201/2022 Daljeet Singh Vs. State of U.P. -8-
7. The registry is also directed to prepare and attach memo of parties with the paper book accordingly.
8. List the matter for further consideration on 15.11.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 25, 2022 AG