National Green Tribunal
Shri Shivdani Paswan vs 1. Union Of India on 20 November, 2019
Item No. 02
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 79/2019 (EZ)
Shri Shivdani Paswan Applicant(s)
Versus
The Union of India & Ors. Respondent(s)
Date of hearing: 20.11.2019
CORAM : HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Mr. Debashis Sarkar and Mr. Samik Das
Mr. Rishabh Sancheti and Mr. Shrikrishna
Kachave, Advs
For Respondent (s): Mrs. Anamika Pandey, for R-3
Mr. Pinaki Mishra, Sr. Adv and Mr. Arjun
Pant, and Mr. Vinay Tripathi, Advs for R-7
ORDER
1. Heard.
2. In this application the applicant alleges operation of sand mining in the Districts of Jamui and Lakhisarai, Bihar, in terms of the decision of the SEIAA taken in the meeting held on 23.10.2019 and work order dated 04.11.2019 issued to Respondent No. 1. 1
3. It is inter-alia stated that the private Respondents had been issued with letter of intent (LOI) on 22.07.2016 who submitted mining plan on 07.10.2016 which was soon after the rainy season was over. During the pendency of the proceedings for grant of Environmental Clearance, the private Respondents had been issued with show cause notices dated 11.09.2017 for non-compliance of a terms and conditions of the LOI dated 22.07.2016 for having failed to submit Environmental Clearance. This was followed by cancellation of settlement of the ghats vide orders dated 18.09.2017 and 07.10.2017 for Jamui and Lakhisarai Districts respectively. This order was later is stated to have been set aside and, on the basis of reverse auctions, the private respondents were granted the settlements again.
4. It is further contended that the SEIAA had considered 40 different sand mining projects at one go in the meeting held on 23.10.2019 and resolved to grant Environmental Clearance for all the proposals which, according to the applicant, reflects non-application of mind by the SEIAA. It is further alleged that the private respondents had been granted permission to commence with the sand mine without Consent to Operate from the State Pollution Control Board which is one of the conditions of the Environmental Clearance granted for the projects.
5. It is contended that mining plan prepared in the year 2016 and approved in the year 2017 had been considered as the basis for granting Environmental Clearance which is opposed to the sand 2 mining policy. Issuance of Environmental Clearance without replenishment study was violative of Rule 18 of the Bihar Minor Mineral Concession Rules, 2019. The sand mining area falls within radius of 10 kms of the Bhimbandh Wildlife Sanctuary as it is barely 4 kms from the project area.
6. Considering the facts and circumstances set-out in the application briefly set out above, we are satisfied that substantial question relating to environment arises in the present case that requires consideration.
7. Issue notice upon the respondents returnable in three weeks.
8. Applicant to furnish requisites within a period of one week from hence.
9. Notice in respect of Respondent No. 7 is dispensed with as Mr. Pinaki Misra, learned Sr. Counsel waives notice and appears on behalf of the said respondent.
10. Applicant to serve copy of the application and the accompany annexures to the learned Sr. Counsel.
11. In the meanwhile, we direct that, if the sand mining operations are being carried out in violation of the Environmental Clearance conditions, the State Pollution Control Board shall ensure that no further operations takes place. Let the State Pollution Control Board 3 and he District Magistrates of Jamui and Lakhisarai Districts inspect the area in question and after verification of the facts submit a report including report of the action taken.
12. Considering the urgency expressed by the learned Counsel appearing on behalf of the applicant, liberty is granted to serve notice by email and Dasti in addition to the formal notice.
13. Copies of this order be transmitted to the District Magistrates, Jamui and Kakhisarai Districts for compliance.
14. List on 6th January, 2020.
S.P. Wangdi, JM Dr. Satyawan Singh Garbyal, EM Saibal Dasgupta, EM 20th November, 2019 O.A. No. 79/2019 (EZ) ag 4