National Green Tribunal
Aravalli Bachao Citizens Movement vs Union Of India on 23 May, 2022
Item No.2 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.362/2022
Aravalli Bachao Citizens Movement Applicant
Versus
Union of India & Ors. Respondents
Date of hearing: 23.05.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant : Mr. Rahul Choudhary, Advocate
ORDER
1. The applicant, a non-partisan group of citizens from the National Capital Region and across India, has filed the present application under Sections14 and 15 of the National Green Tribunal Act, 2010 for issuance of directions to respondents no.2 to 6 to take steps to stop illegal stone and sand mining, undertake restoration activities, take strict action against defaulting officials and constitute an independent Aravalli Protection Authority for protection of the entire Aravalli range from further degradation.
2. The applicant has submitted that the Aravallis serve as a natural barrier between the Thar Desert and the Northern part of the country thereby reducing chances of desertification. The green forest cover helps in regulating temperatures and maintaining rainfall patterns in and around the Aravallis. Destruction of the Aravallis will lead to decreased forest cover, increase in pollution level, temperatures and climate events in North India including the National Capital Region of Delhi. With the environmental degradation of the Aravallis, the water security of 1 Northern India will be threatened and there will be an increase in human-animal conflict. Hon'ble Supreme Court had vide order dated 8.05.2009 passed in I.A No. 1967 in I.A No. 1785 in Writ Petition (C) No. 4677 of 1985 titled as M.C. Mehta Vs. Union of India reported as (2009) 6 SCC 142 prohibited all mining operations in Aravalli Hill Range falling in Faridabad, Gurugram and Nuh districts (Mewat) in the State of Haryana within the area of approximately 480 sq. kilometers.
3. The applicant has further submitted that despite prohibition of mining in the area, illegal mining is taking place in the area. The members of the applicant undertook field visits to the illegal mining sites in the months of March-April, 2021, June- July, 2021 and November 2021 to March 2022. During the site visits, it was clearly found that the illegal mining is happening in 16 locations in contravention of above- mentioned judicial verdicts and environmental laws. In many locations, substantial portions of the hills have been mined and taken away and, in some instances, completely razed to the ground. The members of the applicant took photographs and made videos of the ongoing illegal mining and destruction caused to the Arvallis as a result thereof. Along with these, they have also taken GPS coordinates of the same locations. With the use of GIS technology, they have also prepared the Satellite images and toposheets of the areas where illegal mining is being done. The Satellite images and toposheets have also confirmed the ongoing illegal mining. The applicant made complaints dated 15.04.2021, 20.4.2021 and 31.05.2021 about illegal mining in 4 locations. The applicant also sent representation dated 07.03.2022 regarding illegal mining in 11 locations. However neither any response has been received nor any action has been taken to stop illegal mining till date.
4. We have heard learned Counsel for the applicant and gone through the relevant record. The averments made in the petition raise substantial questions relating to environment arising out of the 2 implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010 and adequacy and efficacy as well as failure of surveillance and monitoring mechanism evolved for preventing illegal mining and measures required to be taken for this purpose in the area and protecting the Arravalli range from further degradation in view of its immense ecological importance.
5. Let notices be issued to respondents requiring them to file replies specifically responding to all material averments made in the application within two months.
6. The applicant is directed to take requisite steps for service of notices on the respondents and file affidavit regarding the same by email at [email protected] within seven days.
7. In view of the allegations of illegal mining in 16 locations, it would be appropriate to seek factual verification report. Accordingly, we constitute a Joint Committee of representatives of MOEF & CC, CPCB, State PCB, Principal Chief Conservator of Forest (HoFFF), Director, Mining & Geology, Director General of Police and Commissioner, Gurugram Division, Government of Haryana and direct the Joint Committee to meet within four weeks and undertake site visits including visits to all 16 locations for ascertaining whether any illegal mining has been done in the area; whether such mining has been done before or after prohibition orders; what is the quantum of such mining and magnitude of the loss caused to the environment as well as the state exchequer. The State PCB will be the Nodal agency for coordination and compliance. Report may be furnished within three 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.
Director General of Police and Director, Mining & Geology, Government of Haryana are also directed to file affidavits giving information regarding the following aspects:-
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(a) How many complaints were received on web portal or by post or otherwise regarding illegal mining in the area during last 5 years;
(b) What action was taken on such complaints, in how many cases FIRs were registered, in how many cases challans (charge-
sheets) under Section 173 (2) of the Code of Criminal Procedure, 1973/complaints under Section 22 of the Mines and Mineral (Development and Regulation) Act, 1957 were filed and in how many cases complaints were closed/no action was taken;
(c) In how many cases vehicles were impounded and in how many cases the vehicles were confiscated or released after payment of the amount in accordance with orders dated 05.09.2018 and 26.02.2021 passed by this Tribunal in O.A No. 44/2016 titled as Mushtakeem v. MoEF&CC& Ors, and O.A No. 360/2015 titled as National Green Tribunal Bar Association vs. Virender Singh (State of Gujarat) respectively;
(d) In how many cases proceedings for recovery of penalty and environmental compensation were initiated; and
(e) What steps were taken for environmental restoration in the areas of illegal mining.
8. In the application allegations have been made that on making of complaints regarding illegal mining no action was taken by the concerned Police Officer/ Officials. Any complaint regarding illegal mining, which not only causes loss to the State exchequer but also results in environmental degradation, requires prompt action as delay, inaction or negligence on the part of the Police or concerned authorities leads to escape of the offenders and loss of the evidence. The State PCB, Deputy Commissioners, Faridabad, Gurugram and Mewat, Commissioners of Police Faridabad and Gurugram and Superintendent of Police, Mewat are directed to take requisite steps in accordance with 4 order dated 26.02.2021 passed by this Tribunal in O.A No. 360/2015 titled as NGT Bar Association Vs. Virender Singh for preventing illegal mining. It may be mentioned here that non-compliance with the directions issued by this Tribunal is an offence punishable under section 26 of the National Green Tribunal Act, 2010 and any disobedience of directions of law regarding investigation of cognizable offences by any Police Officer/Official is also an offence punishable under Section 166 A of the Indian Penal Code, 1860 and action against the defaulting officers/officials be taken accordingly.
List the matter for further consideration on 24.08.2022. A copy of this order, along with a copy of the complaint, be forwarded to the MOEF & CC, CPCB, State PCB, Principal Chief Conservator of Forest (HoFFF), Director, Mining & Geology, Director General of Police and Commissioner, Gurugram Division, Government of Haryana by e-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 23, 2022 Original ApplicationNo.362/2022 AG 5