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National Green Tribunal

Varun Gulati vs Central Pollution Control Board on 23 December, 2025

 Item No. 20                                                               Court No. 1
                     BEFORE NATIONAL GREEN TRIBUNAL
                       PRINCIPAL BENCH, NEW DELHI

                         Original Application No. 589/2025
                         (IA No 733/2025, IA No 734/2025,
                          IA No 800/2025, IA No 801/2025)


  Varun Gulati                                                              Applicant

                                       Versus

  Central Pollution Control Board & Ors.                               Respondent(s)


  Date of hearing: 23.12.2025


 CORAM:         HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
                HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER

  Applicant:    Ms. Mansi Chahal & Mr. S.A. Zaidi, Advs. for Applicant

  Respondents: Mr. Bhanwar Pal Singh Jadon, Ms. Atika Singh, Ms. Gargi Chaturvedi &
               Ms. Anjali Sharma, Advs. for R - 2, 4, 5, 7 & 8
               Ms. Priyanka Swami, Adv. for R - 3
               Dr. Abhishek Atrey, Adv. for R - 6
               Mr. Rahul Khurana & Mr. Hasil Jain, Advs. for R - 9
               Ms. Suman Arora, Adv. for CPCB
               Mr. Ankit Verma, Adv. for the State of UP (Through VC)


                                         ORDER

1. The Tribunal by order dated 20.11.2025 had constituted the Joint Committee which has submitted the report dated 19.12.2025 disclosing the following status of compliance by the Respondent No. 9 unit:

"xxx ..................................xxx.............................................xxx e. The details of the inspections carried out by the Mining Department on the site of Respondent no. 9.

  S.     Date of    Inspected By            Observations                  Action Taken
No.    Inspection
i.     31.5.2025    Mines Officer,   • All the boundary pillars      • Permit     Holder    was
                    Ghaziabad          were     found   in   their     strictly instructed that
                                       designated place.               No in-stream mining
                                     • Plantation, Dustbin and         shall take place and
                                       Water sprinkling at Mine        mining should take
                                       site in compliance with EC      place in the designated
                                       were observed at the site.      area.
                                     • CCTV and Weigh-bridge         • That no Transportation
                                       were      found    to   be      without valid e-MM-11
                                       operational.                    or with overload vehicle
                                     • No mining activity was          shall take place from
                                       observed at the time of         the mining site. (Copy of
                                       inspection.                     Joint inspection report


                                                                                          1
                                     • Selling price of the mineral       is annexed as Annexure
                                       was displayed at the site.        no.5)
                                    • No evidence of illegal
                                       mining was observed at
                                       the site.
ii.    09.6.2025   Mines Officer,   Surprise inspection on 9th         • Show-cause           notice
                   Ghaziabad        June     2025    night    was        dated 16.06.2025 was
                                    conducted     and    following       issued by the Deponent.
                                    observations were made: -            (Copy of Letter dated
                                                                         16.06.2025 & reply of
                                    • Boundary pillar C and D            respondent no.9 dated
                                      were found missing.                24.06.2025              are
                                    • Illegal mining to the tune of      annexed as Annexure
                                      200 cum was observed.              no.6 (colly)
                                                                       • Penalty amounting to
                                                                         Rs.    5,78,000/-       for
                                                                         illegal mining as per
                                                                         Rule 3 and 58 of
                                                                         UPMMCR-2021            and
                                                                         Section 21 of MMDR Act,
                                                                         1957 and Rs. 25,000/-
                                                                         for missing pillar as per
                                                                         rule 36 (1) and 60 of
                                                                         UPMMCR2021             was
                                                                         imposed. (Copy of notice
                                                                         dated 28.06.2025 is
                                                                         annexed as Annexure
                                                                         no. 7)
                                                                       • An        amount         of
                                                                         3,01,500/- has been
                                                                         recovered              and
                                                                         3,01,500/- is pending
                                                                         for recovery. (Copy of
                                                                         challan         amounting
                                                                         3,01,500/- is annexed
                                                                         as annexure no. 8)
                                                                       • A       letter       dated
                                                                         18.07.2025 was sent to
                                                                         RO, UPPCB to recover
                                                                         environmental
                                                                         compensation for the
                                                                         default. (Copy of letter
                                                                         dated 18.07.2025 is
                                                                         annexed as annexure
                                                                         no.     9)     (Copy     of
                                                                         inspection      report   is
                                                                         annexed as Annexure
                                                                         no.10)
iii.   09.7.2025   Joint Team of    • No mining activity was          (Copy of the inspection
                   officials from     observed and no machines        report dated 09.07.2025 is
                   Directorate of     were found deployed in the      annexed as Annexure no.
                   Geology      &     mining lease area as the        11)
                   Mining,            mining   activities  were
                   Lucknow and        suspended       due     to
                   Mines Officer,     monsoon period.
                   Ghaziabad
iv.    27.10.202   Mines Officer,   • No mining activity was          • Representative of the
       5           Ghaziabad          started   after  monsoon          leaseholder         was
                                      season due to sudden rise         directed to start mining
                                      in water level in October         activity as per rules
                                      Month        and        no        only. Copy of the
                                      Transportation took place         inspection report dated
                                      as per departmental portal.       27.10.2025 is annexed
                                                                        as Annexure no. 12)


f. The details of the inspection carried out by the Mining Department in reference of complaints made for illegal mining in the village of Nauraspur.
2
i. 11.10.2025 Mines Officer, • A surprise inspection of the Yamuna Ghaziabad and riverbed area was conducted based local Lekhpal on input of illegal mining.
• FIR No. 0488 dated 24.10.2025 was registered in connection to an illegal mining carried out by local villagers observed at adjoining Naursapur village.
(Copy of inspection report & FIR are annexed as Annexure no. 13 (colly) ii. 01.11.2025 Mines Officer, • 02 Tractors with Trolley were found Ghaziabad and transporting Ordinary sand in village local Police Nauraspur by Local Police.
• The above vehicles were seized and complaint dated 10.12.2025 was filed by Mines Officer with the Chief Judicial Magistrate, Ghaziabad as per provisions under rule 76 of UPMMCR, 2021.
(Copy of complaint dated 10.12.2025 is annexed as Annexure no.14) "

2. The Joint Committee has also found that the Respondent No. 9 is violating the EC conditions. The observations of the Joint Committee in this regard are as under:

"a. The respondent no. 9 is violating the conditions of EC. • It was observed that the lessee has constructed the ramp in the active channel of Yamuna River for approaching the mineral being extracted from the mid of the stream. For constructing this ramp, the lessee has excavated the farm fields for approx. 2 m deep at the bank of the river near their site office. It was also established from KML file and evidences at site that on the date of inspection, extraction of mineral was being undertaken outside the lease area. And this area falls in the middle of the riverbed of the Yamuna River, Google Earth image reflected that the Respondent no. 9 is executing mining activity approx... 110 meters toward the main stream of the River Yamuna. A copy of the Geotagged photo and photo taken during site inspection is annexed as Annexure no. 19.
• The Joint Committee observed that out of six, only two boundary pillars were found intact, except that four were submerged in the river/washed away and were not visible. • The Joint Committee observed that the complete lease area can be mined out, no encroachment etc. has been observed. • Respondent No. 9 has established a weighing bridge along with the office, around 100-200 meters from the lease boundary.
• In the project site office, one acoustic-type DG of 10 KVA has been found with proper stack height; however, CTO permits only a 7.5 KVA DG set for this lease.
• Respondent No. 9 has installed a PTZ camera near the weighbridge, which has been found working during inspection.
3
• Respondent No. 9 has commissioned one bore well near the office/weighbridge area, which is found working. The bore well has been found in a local farmer's field, • Respondent No. 9 has deployed two tractor-mounted water sprinkling systems at the site office.
• Respondent No. 9 has a First-Aid facility in the site office. • PP has not planted any tree, etc., near the office area (weighbridge area) of the project or lease area, • Respondent No. 9 has not yet made an all-weather road from the site office to the main road.
• Respondent No. 9 has not yet installed a solar-mediated lighting system in the site office.
• Respondent No. 9 has not conducted an Environmental audit so far.
• Respondent No. 9 has not submitted any six-monthly compliance report to the concerned organisation. • Significant evidence has also been found in the lease area that the Respondent No. 9 has conducted mining at night. • Respondent No. 9 has not properly constructed a septic tank for collection of sewage from toilet room.
b. The respondent no. 9 is carrying out the mining in the middle of the river with heavy machines and excavating up to 15-20 feet deep in the middle of the river flow.
• As mentioned in response to point (a) above, the lessee has violated the conditions of the Environmental Clearance (EC) & Sustainable Sand Mining Guidelines, 2016. However, the mining depth could not be ascertained as the extraction was being carried out in the active channel/mid of the stream and approx... 110 meters away from the lease boundary.
c. No plantation was done by the respondent no. 9.
• The lessee submitted that for the plantation of 1800 plants as per the condition of Environmental Clearance, they have submitted funds to the Forest Department, but could not produce the receipt for the same. Besides, respondent no. 9 has not planted a single tree in the lease area, near the site office area, etc. d. No water sprinkling was done by respondent no. 9.
• On the day of the site visit, water sprinkling was observed.
e. The respondent no. 9 does not install a Continuous Ambient Air Quality Monitoring Station.
• May not be required as the mining activities are to be carried out in the permit period of 06 months only."

3. The Joint Committee has also noticed violation of GRAP-III order by observing as follows:

"f. Violation of GRAP-III order issued by CAQM.
4
• As per the GRAP schedule issued by the Commission on 13.12.2024, which has further been revised on 21.11.2025, point no. 3 Stage-III provides to "close down all mining and associated activities in the entire NCR." The Commission had invoked actions under Stage III of GRAP on 11.11.2025, which was revoked on 26.11.2025, and the complainant had informed CAQM about the ongoing mining activities on 15.11.2025. Thus, violation of Stage III of GRAP is established. This has also been established by e-MM11 provided by the Mining department."

4. The recommendations of the Joint Committee are as under:

"4.0 Recommendation:
• As the above lease has been granted very close to the state boundary of Uttar Pradesh (Ghaziabad) and the NCT of Delhi. Therefore, it is required to control illegal mining and related activity by both the state government and its respective concerned departments.
• The Mining Department, Ghaziabad, Govt. of UP, may take necessary action on the mining done outside the lease area. • In view of the above, the Regional Office, UPPCB, Ghaziabad, and the Mining Department, Ghaziabad, may take necessary action against the mining done during the GRAP-III period. • The Mining Department, Ghaziabad, may be requested to discourage granting sand mining leases with less than two years.
• The SEIAA-UP/SEAC-UP may be requested to impose conditions (Continuous Ambient Air Quality Monitoring Station, solar power, self-environmental audit, EMC cell, GHG inventory, etc.), which are practically not feasible to comply with within the very short period of six months. • Local administration through the Mining Department and the Regional Office, UPPCB, shall ensure the compliance of all commitments made by PP during the appraisal of the project on-site.
• DM through the Mining Department shall ensure that no mining is carried out in the main stream of the River Yamuna."

5. It will be open to all the concerned parties to file objection to the report of the Joint Committee within four weeks.

6. Let the reply be also filed by the concerned parties within the same period.

7. Rejoinder, if any, can be filed by the Applicant within eight weeks. 5

8. IA No. 800/2025 has been filed by the Applicant seeking police protection.

9. Learned Counsel for the Applicant submits that for filing the OA before the Tribunal, the Applicant is being unnecessarily harassed and a false FIR has been registered against the Applicant.

10. If the Applicant receives any threat on the ground of filing of this petition by the Respondent No. 9 or any other connected person, it will be open to the Applicant to approach the Respondent No. 8, who, after verification, will take steps to provide adequate police protection to ensure that the Applicant is not harassed for filing this OA before the Tribunal.

11. IA No. 800/2025 is accordingly disposed of.

12. IA No. 801/2025 was filed by the Applicant seeking early hearing of the IA No. 800/2025.

13. In view of the order passed in IA No. 800/2025 today, IA No. 801/2025 has become infructuous which is accordingly disposed of.

14. List on 17.03.2026.

Prakash Shrivastava, CP Dr. A. Senthil Vel, EM December 23, 2025 Original Application No. 589/2025 (IA No 733/2025, IA No 734/2025, IA No 800/2025, IA No 801/2025) dv 6