National Green Tribunal
Gautam Sharma vs State Of U.P. & Ors on 23 February, 2023
Item No. 3 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No.485/2022
Gautam Sharma ...Applicant
Versus
State of U.P. & Ors. ...Respondents
Date of hearing: 23.02.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None.
Respondents: Mr. GIGI.C. George, Advocate for Respondents No. 1
and 4-State of U.P. and District Magistrate, Bijnor.
Mr. Mukesh Verma, Advocate for Respondent No. 2-
Mining and Geology Department, Government of U.P.
Mr. Pradeep Misra, Advocate (through VC) and Mr.
Arvind Kumar, Advocate for Respondent No. 3-UPPCB.
Application is registered based on a complaint received by email.
ORDER
1. Vide order dated 10.11.2022, the State of Uttar Pradesh, the Director, Mining and Geology Department, Government of Uttar Pradesh, the UPPCB and the District Magistrate, Bijnor, were impleaded as Respondents No. 1 to 4 and notices were ordered to be issued to them.
2. As per office report, notices have been duly served on the Respondents.
3. Replies/response have been filed by Respondent No. 2-Director, Geology and Mining, Government of Uttar Pradesh vide email dated 21.02.203, by Respondent No. 3-UPPCB vide email dated 16.02.2023 O. A. No. 485/2022 Gautam Sharma Vs. State of U.P. -2- and by Respondent No. 4-District Magistrate, Bijnor vide email dated 21.02.2023.
4. We have gone through the replies/response filed on behalf of Respondents No. 2 to 4. There is no mention in the replies/response filed by Respondents No. 2 to 4 as to whether CTE/CTO was obtained by the mining lease holders. Further, penalty of ₹37,59,200/- is stated to have been imposed on mining lease holder-M/s. Brajwala Infratech Ltd., out of which recovery of ₹27,14,061/- is stated to be pending but no details regarding status of the recovery proceedings have been given in the reply.
5. Respondent No. 3-UPPCB is directed to file additional reply mentioning requisite details regarding obtaining of CTE/CTO by the mining lease holders from the UPPCB.
6. The Respondent No. 4-District Magistrate, Bijnor, is directed to file additional reply with requisite details regarding status of recovery proceedings along with copies of relevant documents.
7. Additional replies on behalf of Respondents No. 2 and 4 be filed within two months by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
8. List the matter for further consideration on 25.05.2023.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 23 2023 AVT