National Green Tribunal
Gaurav Kumar vs State Of Uttar Pradesh on 13 March, 2023
Item No. 03 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 188/2023
(I.A. No. 76/2023)
Gaurav Kumar Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 13.03.2023
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Ajit Sharma, Advocate
ORDER
1. Heard learned Counsel for the applicant. This Original Application has been registered under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010'), stating that auction notices dated 13.02.2022 and 26.07.2022 (Annexure A-8 to the Original Application) have been published proposing mining of sand, bajari and boulder in mixed condition from 14 places without preparing final District Survey Report (DSR) and without undertaken any replenishment study.
2. Our attention is drawn to Enforcement & Monitoring Guidelines for Sand Mining published in January, 2020, at page 86 wherein para 4.1.1(a) reads as under:-
"a) District Survey Report for sand mining shall be prepared before the auction/e-auction/grant of the mining lease/Letter of Intent 1 (LoI) by Mining department or department dealing the mining activity in respective states."
3. It is said that there is restriction even in respect to auction or e- auction or mining activities without preparing DSR for sand mining.
4. In our view, a substantial question relating to environment for implementation of Scheduled enactments under NGT Act, 2010 has arisen. However, before taking any further action in the matter, we find it appropriate to obtain a factual report, for the purpose whereof, we constitute a Joint Committee comprising CPCB, State PCB and District Magistrate, Saharanpur who shall visit the site, collect relevant information and submit a factual report within two months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR supported PDF and not in the form of Image PDF.
5. State PCB will be the nodal agency for coordination and compliance.
6. List for further consideration on 17.05.2023.
7. A copy of this order along with a copy of complaint be forwarded to CPCB, State PCB and District Magistrate, Saharanpur by email for compliance.
Sudhir Agarwal, JM Dr. A. Senthil Vel, EM March 13, 2023 O.A. No. 188/2013 (I.A. No. 76/2023) AVT 2