National Green Tribunal
Bhumi Adhigrahan Visthapan Avam ... vs Agra Development Authority on 17 April, 2023
Item No.05 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
ORIGINAL APPLICATION NO.55/2022/EZ
IN THE MATTER OF:
BHUMI ADHIGRAHAN VISTHAPAN AVAM
PUNARVAS KISAN SAMITI,
Through its President Gaurav Singh,
Having its registered office at: Belwatikar
P.O. &P.S. :Daltonganj,
District :Palamau,
Pin - 822101,
.... Applicant(s)
Versus
1. STATE OF JHARKHAND
Represented through Chief Secretary,
Government of Jharkhand,
1st Floor, Project Building,
Dhurwa,
Ranchi - 834004
2. DEPARTMENT OF MINES AND GEOLOGY,
Government of Jharkhand,
Through its Secretary,
Yojana Bhawan,
Doranda,
Ranchi,
Pin - 834002
3. JHARKHAND STATE MINERAL DEVELOPMENT CORPORATION
LTD. (JSMDC)
(A Government of Jharkhand Undertaking),
through the Managing Director,
Khanij Nigam Bhawan,
Doranda,
Ranchi - 834002
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA), JHARKHAND
Represented through its Member Secretary,
Nursery Complex,
Near Dhurwa Bus Stand,
Dhurwa,
Ranchi - 834004
5. JHARKHAND STATE POLLUTION CONTROL BOARD (JSPCB)
Represented through its Member Secretary,
H.E.C. Dhurwa,
Ranchi - 834004
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6. MINISTRY OF ENVIRONMENT, FORESTS & CLIMATE CHANGE,
Government of India
through the Deputy Director General of Forests,
Integrated Regional Office,
2nd Floor, Jharkhand State Housing Board,
Ranchi - 834002
7. PRINCIPAL CHIEF CONSERVATOR OF FOREST
Forest Environment and Climate Change Department,
Government of Jharkhand,
Ban Bhawan
Doranda,
Ranchi - 834002
.... Respondent(s)
Date of hearing: 17.04.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Ms. Paushali Banerjee, Advocate
For Respondent(s) : Ms. Aishwarya Rajshree, Adv. for State, (in Virtual Mode),
Mr. Ashok Prasad, Adv. for R-4
Mr. Surendra Kumar, Adv. for R-5,
ORDER
1. This original application has been filed by the Applicant with the allegation that the Respondent No.3, Jharkhand State Mineral Development Corporation Ltd. ('JSMDC' for short), is carrying on sand mining on the basis of an illegally granted Environmental Clearance ('EC' for short) dated 31.08.2018 for the Sundipur Sand Mining Project in the Sundipur Mouza.
2. The learned Counsel for the Applicant submitted that the SEAC, Jharkhand, in its own Report (at page no.57 of the paper book), has stated that the Respondent No.3, Jharkhand State Mineral Development Corporation Ltd., has submitted forged documents of DFO, Garhwa North Division, without his knowledge.
3. The learned Counsel, therefore, submits if this was the finding of the SEAC, Jharkhand, the Environmental Clearance should never have been granted in the first instance.
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4. Reference has also been made to the document filed at page no.80 of the paper book, and it is submitted that here the District Mining Officer, Garhwa, has mentioned that Jharkhand State Mineral Development Corporation Ltd. is having its sand mine at Plot No. 2268 area 25.00 acres (dated 19.03.2018) on Son River whereas in the document filed at page no.81 of the paper book, same Plot No. 2268 area 25.00 acres (dated 31.05.2018), has been mentioned on Koel River.
5. The submission of the learned Counsel, therefore, is that these documents show that they have been manipulated or are forged documents to provide benefit to the Respondent No.3, JSMDC.
6. Affidavit dated 10.08.2022 has been filed by the Jharkhand State Mineral Development Corporation (JSMDC), Respondent No.3, stating therein that the categorization of Sand Ghats in the District Survey Report (DSR), Jharkhand, has been carried out as per directives of the Jharkhand State Sand Mining Policy and the Sustainable Sand Mining Guidelines, 2016, prepared for the entire State of Jharkhand.
7. In para 10 of the affidavit, it is stated that the JSMDC has obtained all the statutory clearances i.e., Mining Plan, Environmental Clearance, Consent to Establish (CTE) and Consent to Operate (CTO) for Sundipur Sand Ghat over Plot No. 2268(P) in Anchal Khandi under Sundipur-Mouza in Koel River. It is also stated that the report dated 28.03.2018 was obtained from the Divisional Forest Officer, North Circle, Garhwa, where it was mentioned that the Plot No. is 2688(P), however, the same was revised by the Divisional Forest Officer by another letter dated 02.06.2018 wherein the corrected Plot No. is 2268(P) belonging to Sundipur 3 Mouza. It is stated that this correction was made on the request of the District Mining Officer through his letter dated 02.06.2018, since this was a typographical error. Copy of the letter dated 02.06.2018 has been filed as Annexure-E to the affidavit, which has been issued by the District Mining Officer, Garhwa, wherein it is mentioned that 'No Objection Certificate' (NOC) for Plot No. 2268(P) area 25 acres in Mouza-Sundipur, Anchal Kandi Thana, had been applied for and NOC obtained but due to typographical error the plot number has been mentioned as Plot No. 2688(P) and, therefore, a request has been made to the Divisional Forest Officer, Garhwa for making necessary corrections in the plot number to read as 'Plot No. 2268(P)'.
8. It is further stated that the Divisional Forest Officer, Garhwa, vide his letter dated 02.06.2018 (page no. 143 of the paper book), mentioned the correct plot number as Plot No. 2268(P), area 25 acres in Mouz-Sundipur, Anchal Kandi, Police Station-Kandi.
9. The State Pollution Control Board, Jharkhand, Respondent No.5, has filed affidavit dated 19.08.2022, stating therein that it had issued Consent to Operate (CTO) to the Project Proponent on 07.02.2022.
10. Annexure-I (page no. 154 of the paper book), to the affidavit of the Board is a copy of the Consent to Operate dated 07.02.2022 which mentions the plot number as Plot No. 2268(P), Mouza-Sundipur, area 10.12 hectare, for mining of sand 161885 cum/annum.
11. The State Environment Impact Assessment Authority (SEIAA), Jharkhand, Respondent No.4, has filed counter-affidavit dated 16.08.2022, stating therein that the JSMDC had submitted application dated 16.08.2017 seeking Environmental Clearance to 4 Plot No. 2268(P), area 25 acres in Mouza-Sundipur, District- Garhwa, Jharkhand. The State Level Expert Appraisal Committee ('SEAC' for short), in its 57th minutes of meeting held on 31.05.2018 and 01.06.2018 observed that there was some corrections/rectification in plot number in the letter of the Divisional Forest Officer, Garhwa North Division, dated 28.03.2018. Accordingly, a query was raised by the SEAC for verifying the authenticity of the letter issued by the Divisional Forest Officer, Garhwa North Division, with complete information regarding Plot No.2268(P), its distance from notified forest land/National Park/Sanctuary/Eco-Sensitive Zone/Bio-Diversity area along with some other points. It is stated that the JSMDC has complied with all the queries of SEAC along with revised Divisional Forest Officer certificate dated 02.06.2018.
12. It is further stated that after compliance of the queries, the matter was re-considered in the 58th Minutes of the Meeting of SEAC held on 25-26.06.2018 and after deliberations on the basis of records such as Form I, PFR, Approve Mining Plan and other requisite documents, the SEAC has made recommendations for grant of Environmental Clearance and thereafter the SEIAA in its 59th Minutes of Meeting held on 09.08.2018 decided to grant Environmental Clearance to the Sundipur Sand Mining Project of M/s JSMDC Ltd. in Plot No. 2268(P) at Mouza-Sundipur, District- Garhwa, area 25 acres (10.12 hectares).
13. In para 9 of the affidavit, it is further stated that pursuant to the complaint of the Bhumi Adhigrahan Visthapan Avam Punarvas Kisan Samiti, Applicant herein, regarding illegal sand mining in some other place than the place mentioned in the Environmental 5 Clearance, the Member Secretary, SEIAA, vide its letter dated 06.08.2022 sought a clarification and in compliance thereof M/s JSMDC has submitted his clarification vide letter dated 12.08.2022. Copies of the letters dated 06.08.2022 and 12.08.2022 have been filed as Annexure-C and D to the affidavit.
14. The Applicant has filed affidavit dated 05.09.2022, stating therein that the SEAC, Jharkhand, in its 58th meeting held on 25th and 26th June, 2018, had mentioned that M/s JSMDC Ltd. have forged documents of Divisional Forest Officer, Garhwa North Division, and that M/s JSMDC has corrected the certificate itself in case of Kharsota Sand Mining Project of M/s JSMDC Ltd. (8.10 hectares), Sundipur Sand Mining Project of M/s JSMDC Ltd. (10.12 hectares) and Pachdumar Sand Mining Project and it was mentioned that there was some corrections in the letter of the Divisional Forest Officer dated 28.03.2018 which have been rectified vide letter dated 02.06.2018 and the plot was rectified from Plot No. 2688 to Plot No. 2268 in the letter No. 3011 dated 02.06.2018.
15. The allegation of the Applicant is that the geo-coordinates (latitude-
longitude) were also forged as the coordinates provided by M/s JSMDC to SEIAA, Jharkhand, show a complete different place which is not in Mouza-Sundipur itself for which Environmental Clearance has been sought. It is alleged that the Environmental Clearance has been granted for a different latitude and longitude i.e., for Mouza-Kasnap whereas the sand mining site is stated to be at Mouza-Sundipur. Photograph has also been filed as Annexure-A to the affidavit, showing the coordinates of Plot No. 2268 and the sand ghat is stated to be in North Koel River and not in Sundipur. 6
16. The submission of the learned Counsel for the Applicant is that the Respondents have not only forged the documents by first giving a wrong plot number but under the garb of correcting the same have compounded the forgery by mentioning the wrong river bed as allotted Sand Ghat.
17. The Additional Secretary, Department of Mines & Geology, Government of Jharkhand, Respondent No.2, has filed affidavit dated 07.09.2022 which only states that the JSMDC Ltd. is a 100% State owned company but beyond that it does not address itself to the controversy in the present case.
18. The SEIAA, Jharkhand, Respondent No.4, has filed supplementary affidavit dated 25.01.2023, referring to the 57th meeting of the SEAC held on 31.05.2018 and 01.06.2018 (Annexure-E to the affidavit), which clearly mentions that the Project Proponent ('PP' for short), (Incharge Sand, JSMDC) submitted attested (by DMO, Garhwa & Incharge Sand) photocopy of the Divisional Forest Officer certificate dated 01.06.2018 which has been unauthorisedly corrected by the PP itself. This is highly objectionable on the part of the Senior Government Official and matter should be reported to the authority concerned. Accordingly, PP was asked to submit additional information, namely, revised DFO certificate, DMO Garhwa certified that Son river settled for sand mining whereas the PP has applied for Environmental Clearance for the site in North Koel River, coordinate of the deposit, width of the riparian zone and method to be adopted to protect the riparian fauna, and separate A/C for EMP fund and name of the person responsible for mining A/C. Once the PP provides the information, the SEAC will examine the case.
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19. Copy of the 58th Minutes of the Meeting of SEAC, Jharkhand, held on 25-26.06.2018 has been placed before this Court in which the matter relating to Sundipur Sand Mining Project at Mouza- Sundpur has been considered and it is stated that in respect of discrepancies noted earlier, documents have been submitted by the Project Proponent which have been found to be satisfactory. However, this Report again mentions that the documents show that JSMDC officials have attested forge letters under conspiracy and it should be reported to the MD, JSMDC, and Secretary, Mines, for needful action. The Committee has also recommended that proposal for Sundipur Sand Mining Project of JSMDC at Mouza- Sundipur Anchal-Majhiaon, District-Garhwa, be recommended for consideration of SEIAA, subject to observations made above for grant of Environmental Clearance.
20. The Applicant along with his Original Application has filed 59th Minutes of Meeting of SEIAA as Annexure-5 held on 09.08.2018, wherein it was decided to grant Environmental Clearance for the Sand Mining Project of M/s JSMDC at Village-Kharsota, Tahasil- Majhiaon, District-Garhwa, (8.10 hectares).
21. Be that as it may, we find that the allegations of the Applicant, namely, that there has been forgery/misrepresentation in the coordinates of the sand mining area with regard to Plot No.2268(P) as being in North Koel River and not in Son River at Mouza- Sundipur, has not been controverted by any of the Respondents. The satellite pictures showing the coordinates of Plot No. 2268 as falling in North Koel River has also not been controverted or disputed by the Respondents.
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22. Considering the above facts, we are of the view that the matter with regard to the coordinates of Plot No. 2268(P) being in North Koel River and not in Son River is a matter which needs to be examined by the SEIAA, Jharkhand.
23. We accordingly dispose of this Original Application with a direction to the SEIAA, Jharkhand, to re-examine the observations made in the 58th Minutes of Meeting of SEAC that JSMDC officials have attested forge letters under conspiracy with regard to Plot No. 2268(P) and also with regard to the coordinates of the Plot No. 2268(P) being in North Koel River and not Rive Son, and take a decision as to whether the said plot is in River Son, Mouza- Sundipur, or in North Koel River. Let a decision be taken within a period of two months i.e., by 30.06.2023.
24. In the meantime, the Environmental Clearance dated 31.08.2018 shall remain in abeyance.
25. I.As., if any, stand dispose of accordingly.
26. There shall be no order as to costs.
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B. Amit Sthalekar, JM ....................................
Dr. Afroz Ahmad, EM April 17, 2023, Original Application No.55/2022/EZ AK 9