National Green Tribunal
Balwinder Kaur vs State Of Punjab & Ors on 22 May, 2024
Item No.7 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH, NEW DELHI.
Original Application No.40/2024
Balwinder Kaur ...Applicant
Versus
State of Punjab & Ors ...Respondent
Date of hearing: 22.05.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Applicant in Person (through VC)
Respondents: Mr. Naginder Benipal, Advocate for PPCB (through VC)
ORDER
1. This Original Application was registered on a letter petition whereby a complaint was made that illegal mining is being carried out upto 15 to 20 feet in agricultural land adjacent to forest department land where thousands of trees are standing which are facing the risk of land sliding on account of illegal mining which may result in tremendous loss to environment.
2. Tribunal taking cognizance of complaint, found it appropriate to call for a factual report by constituting Joint Committee comprising of representatives of Punjab Pollution Control Board, and the District Magistrate, Ropar vide order dated 09.04.2024.
3. Pursuant to above order, report dated 20.05.2024 has been filed by Joint Committee through Environmental Engineer, Punjab Pollution Control Board.
4. Joint Committee visited the site on 23.04.2024 and found that several violations in respect of mining conducted at site which included mining of much more material than permitted by M/s Ceigall India Limited, a company 1 employed by National Highway Authority of India (hereinafter referred to as 'NHAI') for construction of Jammu- Katra Expressway on part coming in district Rupnagar. Observations of Joint Committee are as under:
"It was observed that the site falls in the revenue estate of Village PathreriRanghran with coordinates (Latitude 30.912763 Longitude 76.520868). During visit, the complainant Smt. Balwinderkaur w/o Sh. Gurveer Singh and other farmers/ land owners Sh, Satwant Singh S/o Sh. Dharam Singh and Sh. Jaswant Singh S/o Sh. Dharam Singh village PathreriJattan were present. They raised the issue regarding adverse impact of mining onto their land holdings and informedthat earth mining upto 15-20ft has been carried out in their adjoining land by M/s Ceigall India i.e. company hired by NHAI for extraction of minor minerals for construction of highway (Copy of the statement of Sh. Satwant Singh, Sh. Jaswant Singh, Sh. Najar Singh, sons of Sh. Dharam Singh, Village PathreriJattan has been enclosed as (Annexure-2).The site was jointly inspected by the team and it was observed that the site is surrounded by Forest area (adjoining bhakra canal) on one side, Panchayati Land (Shamlat) on other side and land of private owners/farmers on other two sides.
On North and West side of the site under complaint, there is private land of farmers, on the East side there is Bhakhra Canal and on the South side, there is panchayati land of Village PathreriRangran. The forest land is located along the bank of Bhakhra Canal.
(5) The Executive Engineer, Mining, vide letter no. 5186 dated 23.04.2024 informed that the construction of Jammu- Katra Expressway is under construction by M/s Ceigall India Limited Company in District Rupnagar. In connection to which K-1 permits have been issued to the concerned company after payment of royalty to the government. For 03 number, K-1 Permits issued to the company in village PathreriRangran, the Company has extracted more material @1063562 cu ft. above the permissible quantity of 1816115 cu. Ft. Following 03 number demand notices (S-Notice) have been issued to the company for excess quantity extracted: -2
Sr K-1 •
Name of Are S- S-
. Permit Vlllag
e Land a Noti Not Date Amount
N ID
owner (Sq. ce ice
o. Name issu No.
Amanpre ft.) ed
1. 99291 116 8768- 03.10. 3,43,492/-
et Singh to
438, M/s 69 2023
Satpal 130
77 Ceigal 8770- 03.10. 30,84,107/-
2, 99294
Singh 68 l 71 2023
Rajinder 0
3. 99293 Pathre 174 India 8766- 03.10. 28,47,417/-
Singh
riRang 240 Limite 67 2023
ra d
Total Amount 62,75,016/-
The amount of Rs. 62,75,016/- with respect to the aforesaid demand notices has been deposited by the company. Copy of letter no. 5186 dated 23.04.2024 as Annexure-3.
(6) District Development &Panchayat Officer, Rupnagar vide letter no.
1617 dated 23.04.2024 has informed that:
"The undersigned as part of the said committee visited the mining site at village PathreriJattan Block Rupnagar today i.e. 23.04.2024. The allegations in the complaint did not mention anything about mining on Panchayati land but in the interest of justice, it was decided that any adjoining Panchayat land may also be got demarcated during the demarcation of the mining site.
Thereafter, the officials of the office of the Block Development and Panchayat Officer, Rupnagar S.D.O (P.R.), A.E. (P.R.), Panchayat Secretary alongwith the officials of Revenue Department carried out the demarcation of the mining site. The Gram Panchayat has no land at village PathreriJattan near to the mining site but the adjoining Gram Panchayat of village PathreriRanghran has Panchayati land near to the mining site. So the relevant Khasra numbers of the panchayat land at ParthreriRanghran were seen from the latha (Map) of the village by the Kanungo and were included in the demarcation done today" Copy of letter no. 1617 dated 23.04.2024 as Annexure-4.
(7) The Tehsildar, Rupnagar vide letter no. 227 dated 23.04.2024 has informed that: "On 23/04/2024, in the presence of the committee formed by Hon'bleDeputy Commissioner Rupnagar, the undersigned 3 along with field staff as well as other respectable persons of the village, the site was checked. The demarcation procedure was conducted on the spot, in the presence of present persons there, from which it is found that land comprised in Khasra No. 18//22/2 (4-12) 21//2/2 (4-12) 21//9 (8-0) 10/1 (6-0) 11 (8-0) 22//15/2 (2-0), which is owned by Bachittar Singh, Amanpreet Singh Sons of Jeet Singh etc. and land comprised in KhasraNo. 18//23 (8-0) 24 (8-0) 25 (4-2) 21//3 (8-0) 4 (6-8) 8 (8-16) 21/712 (8-0) 13 (3-4), which is owned by Rajinder Singh, Satpal Singh Sons of Ajain Singh etc. the FatrlJamabandl of ownership is enclosed herewith. Mining In the land comptised in above mentioned Khasra Numbers, is found as per the area informed by the department of mining,"
Copy of report of Tehslldar, Rupnagar received vide letter no. 227 dated 23.04.2024 is enclosed herewith as Annexure-5. (8) The Environmental Engineer, Punjab Pollution Control Board, Regional Office, Rupnagar, has informed that Extraction or Sourcing or Borrowing of ordinary earth for the linear projects such as roads, pipelines etc. is exempted from requirement of Environmental Clearance as per APPENDIX--IXof Environment Impact Assessment Notification dated 14.09.2006, subject to compliance Standard Operating Procedure and Environmental Safeguards issued in this regard from time to time. (9) Further, the Divisional Forest Officer, Rupnagar vide letter no.
868 dated 23.04.2024 has informed that during the visit of the joint committee on 23.04.2024, it has been found that the mining has been carried out in land comprised in Khasra No. 18//22/2 (4-12) 21//2/2 (4-12) 21119 (8-0) 10/1 (6-0) 11 (8-
0) 22//15/2 (2-0), which is owned by Bachittar Singh, Amanpreet Singh Sons of Jeet Singh Etc. and land comprised in Khasra No. 18//23 (8-0) 24 (8-0) 25 (4-2) 21//3 (8-0) 4 (6-
8) 8 (8-16) 21//12 (8-0) 13 (3-4), which is owned by Rajinder Singh, Satpal Singh Sons of Ajain Singh etc. Along with this area, comes the forest department area, which is in perfect condition. There has been no damage to any kind of forest property/trees. Copy of the report is attached herewith as (Annexure -6).
From the above comments, it has been concluded that:
1. M/s Ceigall India Limited Company has grossly violated the permission given by the Mining Department by extracting more material against the permissible quantity. Accordingly, 03 no.
demand notices (S Notice) have been issued to the company 4 for extracting more material @ 1063562 cu.ft. and an amount of Rs. 62.75 lacs has been got deposited from the company.
2. Considering the gross violations of aforesaid mining permission, the Mining Department is required to take exemplary / legal action against the company as well as the owners of lands, so that such violation is not repeated by them or any other, in the future.
3. As per DFO, Rupnagar report, there has been no damage to any kind of forest property/trees.
4. DFO, Rupnagar may be asked to the potential of land slide of the adjoiningforest area and take remedial action accordingly.
5. Mining Department may be asked for redevelopment of the burrowed area in compliance to the standard operating procedures issued by the MoEF&CC in this regard. Burrow pits shall be back filled with rejected construction wastes including fly ash, compacted and shall be given a turfing or vegetative cover on the surface. If this Is not possible, then excavation slope should be smoothened and depression should be filled in such a way that it looks more or less like the original ground surface."
5. Learned counsel appearing for Punjab Pollution Control Board stated that for violation, appropriate action including imposition of environmental compensation upon violator shall be taken in course of time. We find it appropriate to implead the following as respondent;
(i) State of Punjab through its Additional Chief Secretary/Principal Secretary, Department of Environment and Forest, Government of Punjab, Chandigarh-160001.
(ii) Ministry of Environment, Forest and Climate Change through its Secretary, Bays No. 24-25, Sector 31 A, Dakshin Marg, Chandigarh.
(iii) National Highway Authority of India through its Chairman, G-5 & 6, Sector-10, Dwarka, New Delhi - 110075.
(iv) M/s Ceigall India Limited, which is to be served through Project Director, National Highway Authority of India, Jammu- Katra 5 Expressway Project, District Rupnagar who shall also file affidavit of service.
6. Office shall issue notices to respondents 1 to 3 directly and respondent 4 shall be served through Project Director, National Highway Authority of India as directed above and affidavit of service shall be filed before the next date.
7. Above impleaded respondents may file their response including objections, if any to the Joint Committee report dated 20.05.2024 atleast one week before next date after serving a copy of their response/objections upon the applicant.
8. List on 23.07.2024 Sudhir Agarwal, JM Dr.Afroz Ahmad, EM May 22, 2024 OA No. 40/2024 PU 6