National Green Tribunal
Vikas Kumar vs State Of Haryana on 21 November, 2022
Item No. 06 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH AT NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 581/2022
Vikas Kumar ...Applicant
Versus
State of Haryana ...Respondent
Date of hearing: 21.11.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondents: Mr. Rahul Khurana, Advocate for Respondents No. 01
to 04 with Mr. Lalit Siwatch, DC, Sonipat, Mr.
Ravinder Yadav, AEE-Sonipat, HSPCB, and Mr.
Naveen Gulia, RO-Sonipat, HSPCB.
Mr. Arun Khatri, Advocate along with Mr. Akshay
Kumar Dahiya, Advocate for Respondent No. 5.
Application is registered based on a Letter Petition received by Post.
ORDER
1. The grievance in the present application is regarding illegal mining in the river bed of river Yamuna and construction of illegal bridge on river Yamuna which has resulted in diverting its course and submergence of agricultural land of the farmers.
2. Vide order dated 12.09.2022, we constituted a Joint Committee comprising of representative of Ministry of Jal Shakti, State of Haryana, Director, Mines and Geology, State of Haryana, State PCB and Deputy Commissioner, Sonipat and directed the same to submit its report within one month and to forward copy of its report to the project proponent and the concerned Statutory Authorities. Notices were also ordered to be issued to State of Haryana through Chief Secretary, Government of Haryana, the Director, Mines and Geology, State of Haryana, State PCB, O. A. No. 581/2022 Vikas Kumar vs. State of Haryana -2- Deputy Commissioner, Sonipat and Project Proponent-Yodha Mines and Minerals. Personal appearance of the Regional Officer, Haryana State PCB and Deputy Commissioner, Sonipat was also ordered.
3. Reply has been filed by the Respondent No. 2-The Director, Mines and Geology, State of Haryana vide email dated 18.11.2022.
4. Report of the Joint Committee has been filed vide email dated 19.11.2022.
5. Reply has also been filed by the project proponent vide email dated 19.11.2022 Respondent No. 5.
6. In its reply, respondent no. 2 has mentioned about construction of temporary bridge and its removal in terms of permission granted by the Irrigation and Water Resources Department. The relevant paragraphs are extracted as under:-
"6. That M/s. Yodha Mines and Minerals got their EC modified from the SEIAA on 22.09.2020 for undertaking mechanical mining in the riverbed.
7. That M/s. Yodha Mines and Minerals got the permission from the Irrigation and Water Resources Department for construction of temporary crossing in Yamuna River bandh mining area as per terms and conditions mentioned in Government Policy dated 19.10.2021. A letter in this regard was sent by Haryana Irrigation and Water Resources Department to the Mining Office, Sonipat, in which it was specifically said that the natural flow and pipes should be laid in the entire width of river creek. The copy of said letter dated 23.11.2021 is annexed as Annexure R-'1'.
8. That as per report of Mining Officer, Sonipat, the area in question, the mining quarry of M/s. Yodha Mines and Minerals was inspected by him on 20.10.2022 and found that mining activity were lying closed at the time of inspection. He further stated that at the time of inspection, the erosion of soil from adjacent agricultural land was found, which was due to the natural flow of Yamuna river. Further, Mining Officer, Sonipat has informed that the contractor constructed a temporary bridge over Yamuna river after getting permission from Irrigation and Water Resources Department vide letter no. 5544-46 dated 23.11.2021, which was later on demolished before 30.06.2022 as per terms and conditions of O. A. No. 581/2022 Vikas Kumar vs. State of Haryana -3- the Government policy. The copy of inspection report is annexed as Annexure R-'2'.
9. Keeping in view of the report of Mining Officer, it is clear that the temporary crossing was made as per policy dated 19.10.2021 and no natural course of Yamuna river was diverted by M/s. Yodha Mines and Minerals."
7. In the fact and circumstances of the case questions as to permissibility of construction of such temporary bridges across the river for the purpose of facilitating the mining lessee to carry out the mining and environmental impact of any such temporary bridge on riverine ecology and obstruction/diversion of natural flow of the river and remedial measures required to be taken arise for adjudication.
8. The learned Counsel for the respondents no. 1 to 4 is directed to place on record copy of the policy framed by the Haryana Government regarding permissibility of construction of such temporary bridges across river Yamuna. Affidavit of duly authorized officer giving details with photographs of all temporary bridges constructed on river Yamuna in the State of Haryana be also filed.
9. Replies on behalf of respondent no. 1, 3 and 4 alongwith all requisite documents in support of the submissions be also filed within 15 days by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
10. None has appeared for the applicant today. The Registry is directed to send VC link to the applicant so that the applicant may join the proceedings on the next date of hearing to be fixed in the case.
11. In view of the significant nature and impact of the questions are involved, we also consider it appropriate to have the assistance of some Senior Advocate as amicus curie to assist this Tribunal in just and fair adjudication of the questions involved. Accordingly, Mr. Raj Panjwani, Senior Advocate is appointed as amicus curie to assist this Tribunal in just and fair adjudication of the questions involved. O. A. No. 581/2022 Vikas Kumar vs. State of Haryana -4-
12. List for further consideration on 09.12.2022.
13. A copy of this order along with the paper book be sent to Mr. Raj Panjwani, Senior Advocate, amicus curie for his record and a copy of this order be also sent to the Secretary, MoEF&CC and the Member Secretary, Haryana State Legal Service Authority for information/record.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM November 21, 2022 AVT