National Green Tribunal
H S Khatana vs State Of Haryana on 29 August, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 05 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 295/2021
(With report dated 28.08.2022)
H. S. Khatana Applicant
Versus
State of Haryana Respondent
Date of hearing: 29.08.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Respondent(s): Mr. Rahul Khurana, Advocate for State PCB
ORDER
1. Grievance in this application is against illegal mining in private and panchayat land to the detriment of the environment at Village Rithoj, District Gurugram, Haryana. It is stated that mining is being done without requisite permission and in unscientific manner, resulting in depletion of water table, green cover and damage to the water bodies.
2. Vide order dated 10.11.2021, the Tribunal sought a factual and action taken report from a joint Committee of Haryana State PCB, SEIAA, Haryana and District Magistrate, Gurugram. Reference was also made to order of this Tribunal dated 26.02.2021 in OA No. 360/2015, NGT Bar 1 Association v. Virender Singh (State of Gujarat) and other connected matters directing steps against illegal mining by continuous vigilance and by constituting a five Member Committee headed by SEIAA, State PCB, two Expert Members of SEAC and nominee of CPCB wherever its Regional Office exists. Further direction was for mechanism for review at the level of Chief Secretary once in every quarter.
3. In pursuance of above, report has been filed on 28.08.2022 which mentions inspection conducted on 10.05.2022 with following findings and conclusion:-
"Finding and Conclusion: -
1. There are irrefutable signs of recent/fresh mining and transportation of sand about which no permit or plausible explanation or action taken report was available till the day of inspection and further till now.
2. The mining conditions regarding felling of trees without due permission and restricting the depth of digging to 9 ft. have been blatantly violated,
3. Based on above findings, the grievances of the complainant regarding (i) mining without permit, (ii) mining in unscientific manner and (iii) depletion of green cover carry weight at least in regard to the recent/fresh mining instances. Depletion of water table and damage to water bodies is not being caused by the mining activity per se, but subsequent land leveling/compacting may obliterate small body bodies and impoverish sub-surface moisture regime. Denudation may increase evaporation losses and enhanced absorption of solar heat. Removal of porous sand and increase in impervious surface may reduce infiltration and affect ground water table. At present, the old mining pits are serving as seasonal water conservation puddles.
4. This site adjoins the Aravalli hill range which makes an important wildlife habitat and a narrow wildlife corridor from Mount Abu to Delhi. The ecology of the tract already under stress due to biotic pressure from both sides of the Aravalli hills. The indiscriminate mining in this area is poised to cause irreversible damage to the natural ecosystem, wildlife habitat, enhance air pollution and add 2 to global warming. Therefore, all concerned departments need to take timely and effective measures to enforce the applicable laws/rules in the interest of the environment and ecology of the region."
4. From the above it is seen that illegal mining and its adverse impact on environment is acknowledged but no action is said to have been taken though learned Counsel appearing for the State orally assures that remedial action will be taken within one month and further report filed.
5. Let further action taken report be filed by the joint Committee already constituted after coordination with any other concerned Department within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
List for further consideration on 05.01.2023. A copy of this order be forwarded to Haryana State PCB, SEIAA, Haryana and District Magistrate, Gurugram by e-mail for compliance Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM August 29, 2022 Original Application No. 295/2021 SN 3