National Green Tribunal
Dr. Sarvabhoum Bagali vs State Of Karnataka Through Its Director ... on 27 January, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.02:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 171 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Dr. Sarvabhoum Bagali,
Vijayapur District,
Karnataka.
...Applicant(s)
Versus
State of Karnataka and others.
...Respondent(s)
Date of hearing: 27.01.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Mr. Aagney Sail.
For Respondent(s): Mr. Darpan K.M. for R1, R5 to R7.
Mrs. Me. Saraswathy for R2.
Mr. H. K. Vasanth for R3.
Mr. M.R. Gokul Krishnan for R4.
Page 1 of 16
ORDER
1. As per order dated 08.09.2020, this Tribunal had admitted the matter and appointed a Joint Committee to go into the question and submit a report and the matter was adjourned from time to time for getting the report by notifications and lastly, it was adjourned to today by notification dated 17.12.2020.
2. When the matter came up for hearing today through Video Conference, Mr. Aagney Sail represented the applicant. Mr. Darpan K.M. represented respondents 1, 5 to 7, Mrs. Me. Saraswathy represented 2nd respondent, Mr. Vasanth H.K. represented 3rd respondent and Mr. M.R. Gokul Krishnan represented 4th respondent.
3. We have received the report submitted by the Joint Committee which reads as follows:-
"REPORT OF JOINT COMMITTEE IN THE MATTER OF O.A. 171 OF 2020 (DR. SARVABHOUM BAGALI) SUBMITTED BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI, AS PER ORDER DATED 08.09.2020 1.0 PREAMBLE In the Original Application No. 171 of 2020 (SZ), filed by Dr.SarvabhoumBagali, Vs The State of Karnataka &Ors, the Hon‟ble National Green Tribunal (NGT), Chennai issued an Orders on 08.09.2020 with the following directions:
"1. In order to ascertain the genuineness and real status ofriver bed sand mining, we feel it appropriate to appoint ajoint committee comprising of 1) the District Collector, Raichur District, or a Senior Officer not below the rank ofAssistant Collector or Sub Divisional Page 2 of 16 Magistrate, asdeputed by the District Collector, 2) a Senior Officer fromMinistry of Environment Forests and climate Change (MoEF& CC), Regional Office, Bangalore 3) a Senior Officer fromState Environment Impact Assessment Authority (SEIAA),Karnataka 4) A Senior Officer from Karnataka StatePollution Control Board as nominated by its Chairman and5) a Senior Officer from Department of Mines & Geology asdeputed by the Director of Mines, State of Karnataka toinspect the area in question and submit a factual as well asaction taken report, if there is any violation found.
2. The committee is also directed to go into the questionregarding the accident said to have happened in that areaand ascertain the cause of the incident and if it is related toany negligence on the part of the contractor in doing miningin an unscientific manner, then that may also be mentionedin the report.
3. The committee is also directed to go into the question as towhether sand mining is being done in river bed usingmechanical process using heavy machinery which is not permitted under the Sustainable Sand Mining Policy as wellas the directions of the Principal Bench of National GreenTribunal regarding sand mining in river bed areas.
4. The committee is also directed to go in to the question as towhether there were any violations of environmentalclearance and other consent conditions in carrying out themining and any excess mining has been done then, assessthe environmental compensation and also compensationpayable to the kith and kin of the deceased as has beenrecorded by the Principal Bench of National Green Tribunalin Original application No. 363 of 2015 vide order dated25.09.2018.
5. The Regional Office, Ministry of Environment, Forestsand Climate change (MoEF & CC), Bangalore will be thenodal agency for co-
ordination and for providing allnecessary logistics for this purpose."
In compliance of above Order, the Regional Office, Ministry of Environment, Forests and Climate change (MoEF & CC), Bangalore, vide letter No. F. No. EP/12.7/NGT /54/KAR dated 18/09/2020 has requested the concerned Departments / Authorities to nominate senior official for the Committee to complete the task as appointed by the Hon‟ble NGT. A reminder was also sent on 01.10.2020.
Page 3 of 162.0 PRELIMINARY MEETING On receipt of the Nominations, a preliminary meeting was held on 09.10.2020 to decide the further course of action for completing the task assigned by Hon‟ble Tribunal.Following members have attended:
1. Shri Santhosh Kama Gouda, KAS, Assistant Commissioner, Raichur Sub-Division.
2. Shri M Sridhar, Zonal Senior Environmental Officer, KSPCB, Ballari.
3. Shri Kiran Kumar B S, Scientific Officer, Grade-I, Dept of Forest, Ecology and Environment and Karnataka Wetland Management Authority.
4. Shri M Viswanath, Senior Geologist, Department of Mines & Geology, Raichur.
5. Shri E. Thirunavukkarasu, Scientist „E‟, Integrated Regional Office, Ministry of Environment, Forest and Climate Change.
The Joint Committee discussed about the Terms of references given by the Hon‟ble NGT and decided to obtain the relevant information from concerned departments before the inspection of the Joint Committee such as District Survey Report (DSR) /report on estimation of sand deposits, List of mines permitted by the District Sand Committee, Audit of the quantity extracted etc. The site visit was also scheduled between 19-23 October 2020. However, due to meteorological forecast dated 13.10.2020 and continuous heavy rain in both the districts and flood in the rivers, the members felt that it will be difficult to reach and visit all mines sites and committee cannot find out ground reality of the sites and compliance status etc., Hence, site visit could not be completed. In view of the above, members suggested to seek additional time of three months from Hon‟ble NGT to complete the task. Hon‟ble Vide order dated 29.10.2020 has granted time till 17.12.2020 to file the report.
3.0 INSPECTION BY THE JOINT COMMITTEE Joint Committee inspected the mine sites at Raichur District on 24-25 November 2020. Following members have attended:
1. Shri Santhosh KamaGouda, KAS, Assistant Commissioner, Raichur Subdivision.
2. Shri Kiran Kumar B S, Scientific Officer, Grade-I, Dept of Forest, Ecology and Environment and Karnataka Wetland Management Authority.
3. SmtSuganda B Kuri, Deputy Environmental Officer, KSPCB, Raichur.
4. Shri M Viswanath, Senior Geologist, Department of Mines & Geology, Raichur.Page 4 of 16
5. Shri E. Thirunavukkarasu, Scientist „E‟, Integrated Regional Office, Ministry of Environment, Forest and Climate Change.
Following were also present:
1. Smt K. Pusphalatha, Senior Geologist, O/O Joint Director, Department of Mines & Geology, Ballari
2. Shri Maduraj, Tahsildar, Deodurga
3. Shri Manjunath, Geologist, Department of Mines & Geology, Raichur.
4. Shri Gopikrishna Geologist, Department of Mines & Geology, Raichur.
5. Shri Syed Fazil, Geologist, Department of Mines & Geology, Raichur.
6. Shri RM Nadaf, Circle Inspector, Deodurga.
7. Shri K Rangaiah, Police Sub Inspector, Deodurga.
4.0 ABOUT THE GRANT OF MINING LEASE The Joint Committee noted that the following procedure is being followed in granting of sand mining 4.1 Procedure followed in granting lease:
As per the Sustainable Sand Mining-2016 and 31(R) of Karnataka Minor Mineral Concession Rules -1994 (KMMCR) of amendment of 2016, Sand blocks have been inspected and identified with co-ordinates in river Krishna, Tungabhadra & in Nalas for the propose of Tender-Cum-Action or reservation for Governments works. With the assistance of Revenue, PWD, Forest, and DMG, the approximate quarriable sand available in each identified block is estimated by restricting quarrying depth to 1 to 3 meter or water level whichever is less.
After recommendations of the Taluk Committee, District Committee notifies in the official Gazette for grant of quarrying lease through auction for sand quarrying or extraction by Government Departments.
Tender-cum-auction is done through online. Highest price offer is declared as the successful bidder; the successful bidder obtains Quarry Plan, Environmental Clearance, as per Chapter-II-A of KMMCR-1994 of amendment of 2016. Sand quarrying permission is issued up to a period for five years.
In Raichur District, 2 sand leases granted in Joladhahadgi of Deodurga Taluk in Krishna riverbed to the successful bidder through Tender-Cum-auction as per Sand Policy-2016.
The District level Sand Monitoring Committee ensures stipulation of following conditions as per the New Sand Policy, 2016, KMMCR, 1994 and Page 5 of 16 Amendment,2016 and as per the Sustainable Mining Management Guidelines,2016:
a) No sand quarrying shall be undertaken without a quarrying plan and Environmental Clearance.
b) Lessee shall make Stockyard, Office, CC Camera, Weigh Bridge near to the sand block.
c) Quarrying shall be done in accordance with MOEF Guidelines.
d) Instream, mining sand extraction and loading to vehicles directly from river is prohibited. So, lessee should store mining sand in stockyard.
e) Lessee should mine as per the mine plan without damaging safety zone and riverbed.
f) Sand quarrying activity shall be in accordance with terms and conditions of the EC
g) The sand has to be mined in the sand lease blocks and to be stored in stockyard.
h) No Sand quarrying shall be allowed within a radius of 500 meters from water supply.
i) Permits shall be issued to vehicles having GPS.
j) The vehicles having non-communication mode, shall not be issued with permit and shall not be allowed to load sand.
k) Permits issued for transportation of Sand shall be obtain sign in the Check Post.
l) Mechanized boats and dredgers in river sand quarrying are prohibited.
m) Usage of backhoe equipment like JCB is allowed as per Chapter IV - B, 31-R of Karnataka Minor Mineral Concession Rules -1994 & its amendments.
n) Sand stored in stockyard, shall be disposed by issuing Computerised Mineral Dispatch Permits (CMDR) to the transporters.
4.2. Action taken on violators Established 14 check post across the District to check the illegal transportation of sand. Action have been taken to file FIRs impose penalty, against the violators like multiple illegal transport using same permit, vehicles for transporting more than the PermitQuantity, vehicles not equipped with GPS, usage of Heavy machinery like Hitachi etc. Following are the major Page 6 of 16 action taken to prevent illegal sand mining/transportation/stock by the District/Taluk sand Monitoring Committee.
i. 83 vehicles which have not equipped with GPS have been block listed and sand permits not issued for a period of three months. ii. 77 vehicles which have violated the rules by using the same permits transporting 237 multiple times from the 11 different sand stockyards of sand blocks have been block listed and transport permits not issued for a period of three months. Tender bid amount, Royalty, District Mineral Fund (DMF) of amount Rs.38,02,344/- has been collected as penalty. Each Vehicle owners have been imposed penalty of Rs. 25,000.
iii. Six FIRs have been lodged against multiple illegal sand transportation on vehicles.
iv. 30 FIRS have been registered & penalised for 76 vehicles of an amount Rs: 13,01,535/-by the members of the District Sand Monitoring Committee/Taluk Sand Monitoring Committee against the vehicles for transporting more than the Permit (Mineral Dispatch Permit) quantity.
v. 78 vehicles have been penalised of an amount Rs 13.01 lakhs for transporting more than the Permit.
vi. Six FIRs have been filed against for being used Hitachi‟s for mining in the blocks.
vii. An amount of Rs 14 lakhs have been imposed as penalty for using Hitachi‟s for mining in the blocks.
viii. In the Year 2017-18, 27 FIRs against the 27 Survey number& in the Year 2018-19, 38 FIRs against 68 Survey numbers have been registered for unlawful collection of sand on Patta land. District Level Sand Committee decided that, such lands to be entered as "Government" in the records.
ix. Rs 58.66 lakhs imposed on three Sand Mining Lease holders who have extracted more quantity and six Sand Mining Lease holders for encroachment.
x. During 2017-18, 2018-19, 2019-20, 2020-21 District/Taluk Sand Monitoring Committee lodged
- 995 FIR‟s against illegal transportation (1090 Tippers, 320 Tippers/lorry Seized)
- 105 FIR‟s against illegal Storage of sand (54118 MT Seized)
- 6 FIR‟s against illegal Sand Mining ( 7 Hitachis, 4 JCBs, 5 tippers Seized) Page 7 of 16 5.0 DELIBERATIONS OF THE COMMITTEE Hon‟ble National Green Tribunal in the order dated 08.09.2020 directed the Joint Committee to look into the following:
i. Ascertain the cause of the accident said to have happened in that area ii. whether sand mining is being done in riverbed using mechanical process using heavy machinery which is notpermitted under the Sustainable Sand Mining Policy as well as the directions of the Principal Bench of National Green Tribunal regarding sand mining in riverbed areas.
iii. whether there were any violations of environmental clearance and other consent conditions in carrying out the mining and any excess mining has been done then, assess the environmental compensation and also compensation payable to the kith and kin of the deceased as has been recorded by the Principal Bench of National Green Tribunal in Original application No. 363 of 2015 vide order dated 25.09.2018.
In order to deliberate on the above given Terms of References (ToR), the Committee, inspected the mine sites, had examined various documents like mine lease, Environmental Clearance and the compliance status with the prevailing regulations and guidelines etc., Based on the above, each ToR has been deliberated in detail and following are the observations/comments:
5.1 Ascertain the cause of the accident said to have happened in that area Shri Chandappa,Father of the deceased girl Ms.Sridevi, along with the few villagers -ShriSugureshgouda, Shri Ramesh patil, Shri Reddyyappagouda, Shri Somanathgouda, Shri Venkanagouda, Shri Amathyannagouda, Shri Veereshgouda, Shri Shankargouda,Shri Nagappa, Shri Yallappa, Shri Vasudevnaikmet the Joint Committee and produced an affidavit and made an oral statement. According to the affidavit and the oral statement, her daughter Ms Sridevi has accidently drowned in the Krishna River at Joladahedagi Village on 14.03.2020 and it was not occurred inside mining lease area.Shri Honnappa who resides in his village introduced Dr.SarvabhoumBagalito him stating that he is a social welfareworker and they assured to get funds under Ashrayascheme for his family from the Government in view of theaccidental death of her daughter. Shri. Honnappa and Dr.SarvabhoumBagali had executed an affidavit on 06.07.2020 andgot his thumb impression. Since he has not done any schooling, cannot read or write in any languageand hence could not verify the contents in the affidavit. Later, came to know that Dr. Sarvabhoum Bagali has filed an application -O.A No: 366 of 2015 based on Page 8 of 16 the alleged false/affidavit. He has further informed that he has never stated that the death of her daughter was due to drowning in a sand mining block pit, concerned Police officials and authorities have conducted investigation and had concluded the same. Therefore, he has executed another affidavit on 21.07.2020 withdrawing the affidavit dated 06.07.2020 and declaring it to be invalid. The place shown by him to the Committee where Ms.Sridevi accidently drowned is north of the Joladhahadgi Blocks.
It is noted from the affidavit and statement of Shri Chandappa father of the deceased girl that his daughter has accidently drowned in the Krishna River at Joladahedagi Village, and not in mining lease area. Copy of the affidavit of Shri Chandappa dated 21.07.2020 is enclosed at Annexure-I. The FIR filed in Deodurga Police station, Raichur also states that the girl has accidently drowned in the Krishna River.Copy of the FIR in Kannada and its English translation are enclosed at Annexure-II and III.
5.2 Whether sand mining is being done in riverbed using mechanical process using heavy machinery which is not permitted under the Sustainable Sand Mining Policy as well as the directions of the Principal Bench of National Green Tribunal regarding sand mining in riverbed areas.
It is noted that as per the information from Mines and Geology Department, Raichur following two sand mining leases have been awarded to the successful bidder in Krishna River, Joladahadegi, Devadurga taluk, Raichur District through tender-cum-auction as per the KMMCR-1994 of Amendment of 2016 of Sand Policy. It is noted that these sand mining are permitted following due procedure prescribed under the regulations and guidelines:
Table -1: Details of Mine leases granted in Joladahadegi, Devadurga taluk, Raichur District SL. Name of the Name of Extent Date of Date of Quantity Extracted lessee the water Quarry Plan permitted, from 2017 to No (acres) EC body, approval MTPA till date, MT village 1 Sri.Anand.B.Do Krishna 12.20 06.06.2017 08.06.2017 38500 51151 ddamani River 2 Sri. P L Kamble Krishna 12.20 06.06.2017 08.06.2017 48000 76278 Page 9 of 16 River Copy of the EC is enclosed at Annexure-IV and Annexure-V. According the Department of Mines and Geology, mechanized boats and dredgers in river sand mining are prohibited, however usage of backhoe equipment like JCB is allowed as per the Chapter IV-B, 31-R of KMMCR,1994 & its amendment-2016.
According to Sustainable Sand Mining Management Guidelines 2016, Standard Environmental Conditions for Sand Mining, under Sustainable mining practices "Depending upon the location, thickness of sand, deposition, agricultural land/riverbed, the method of mining may be manual, semi mechanized or mechanized." In many sand leases in Yamuna river semi mechanized method has been allowed by MoEF&CC. Copy of a lease is enclosed at Annexure-VI.However, it was reported that both these mine owners have used heavy machinery - Hitachi for mining and hence FIRs have been filed against these mine owners and imposed penalty of Rs 2.0 lakhs each.Though the Sustainable Sand Mining Management Guidelines 2016 permits usage of semi mechanized or mechanized method of mining depends upon the location, thickness of sand deposition etc,. the Committee opined that manual method of mining be preferred for mining up to a depth of one-meter, the usage of semi mechanized or mechanized may be permitted only in case of the blocks where the depth of sand deposition is more than one meter and depth of mining can be permitted more than one meter.It may be noted that according to the Sustainable Sand Mining Management Guidelines 2016, the depth of mining may be restricted to 3m / water level, whichever is less.
4.3 Whether there were any violations of environmental clearance and other consent conditions in carrying out the mining and any excess mining has been done then, assess the environmental compensation and also compensation payable to the kith and kin of the deceased as has been recorded by the Principal Bench of National Green Tribunal in Original application No. 363 of 2015 vide order dated 25.09.2018.
The Committee has noted from the Google earth imageries that that both the mines have commenced their mining activity only after the grant of EC.
Bock-1 - Sri.Anand.B.Doddamani The Environmental clearance was granted to Sri.Anand.B.Doddamanion 08.06.2017. From the google satellite imageries (April, 2017 to September, 2019) & field visit following point is s are inferred:
Page 10 of 16 The plain area in the blocks of the image of April, 2017 is evident that there was no mining.
The pit formation and water logging found from satellite image of the year 2019 is evidence that mining done in the lease area after obtaining Environmental Clearance.
As per records DMG, Raichur, this mine owner has been imposed Rs 2.0 lakhs for using heavy machinery - Hitachi for mining. FIRs have also been filed for using heavy machinery - Hitachi for mining.
Bock-2 - Sri. P L Kamble The Environmental clearance was granted to Sri. P L Kambleon 08.06.2017. From the google satellite imageries (April, 2017 to September, 2019) & field visit following points are inferred:
The plain area in the blocks of the image of April, 2017 is evident that there was no mining.
The pit formation and water logging found from satellite image of the year 2019 is evidence that mining done in the lease area after obtaining Environmental Clearance.
As per records DMG, penalty of Rs.19,01,952/- has been imposed for transporting sand by 127 multipletrips using same permits. Also mine owner has been imposed Rs 2.0 lakhs for using heavy machinery - Hitachi for mining. FIRs have also been filed for using heavy machinery - Hitachi for mining.
The Committee observed in both mines that there are no violation of Environmental laws since the Sustainable Sand Mining Management Guidelines 2016 permits manual, semi mechanized or mechanized method of mining depending upon the location, thickness of sand, deposition, agricultural land/riverbed, there are certain non- compliances of EC conditions relating to installation of dust control measures, implementation of water conservations measures, advertisement on grant of EC, improvement of transport route, constitution of Environmental Management Cell, submission of half yearly compliance report to Regional Office of the MoEFCC / SEIAA, Karnataka etc,.
The mine owners expressed technical difficulties / non-viabilities in installing the dust control measures and implementation of water conservations measures. It is noted that EC stipulated a condition as "Mineral handling area shall be provided with the adequate number of high efficiency dust extraction system. Loading and unloading areas including the transfer points should also have efficient dust control arrangement. These should be properly maintained and operated."Page 11 of 16
The Committee opined that the dust extraction could be installed and effectively operated in a closed area whereas both the mining as well as the sand storage area are open and hence it is technically not feasible. Further, the dust pollution is naturally prevented due to the moisture content and the density of the sand. Moreover, the dust settles down within few meters of the activity (within the site itself) due to density of sand particle. In view of the above, the Committee opined that this condition is not so relevant. Instead of dust extraction, water sprinkling at stock yard may be insisted.
As regards, water conservation, it is noted that EC stipulates condition as " The project authority should implement suitable conservation measures to augment ground water resources in the area in consultation with the Regional Director, Central Ground Water Board within 3 months and report be submitted to the Authority." In general water conservation involves minimisation of water usage, recycling and rainwater harvesting etc,. Whereas, there is no water usage and waste water generation in the sand mining. Since all the mine sites are located either in riverbed or nallas, no separate rainwater harvesting measures are required. In view of the above, the committee opined that this condition is not so relevant.
As regards, CSR, the mine owners have informed that they pay District Mineral Fund which is used in the CSR activities in the vicinity of the project and also carry out certain activities viz distribution of tree saplings, issue of books for the school students etc, hence, stipulation of separate conditions on CSR amounts to duplication. The Committee also agree with the statement of mine owners.
As regards non- constitution of Environmental Management Cell (EMC), the committee felt that it may not be viable for such mines to have a separate Environment Management cell in view of the number of workers engaged and their educational quality, nature of activity etc, and hence the mine owners may utilise the service of accredited environmental consultant/laboratory for the environmental management instead of having their own EMC.
In view of the above, the Committee opined that conditions on dust extraction system, water conservation, Environmental Management Cell, CSR need to be revisited. The SEIAA need to consider suitable modification of above conditions in the EC in future.
As regards the other non- compliances, considering the nature of non- compliances, the Committee instructed the mine owners to comply with the EC conditions and submit a compliance report within a month, otherwise enforcement action will be initiated as per the regulations.Page 12 of 16
As regards the compensation payable towards the death of a girl, it was noted from the records that the death happened in the river and not in the mining area.
6.0 CONCLUSION AND RECOMMENDATIONS After detailed deliberation, the Joint Committee has made the following conclusion and Recommendations:
o According to the site visit and records produced before the Committee viz, affidavit of Shri Chandappa father of the deceased girl, the girl has accidently drowned in the Krishna River at Joladahedagi Village, and not in mined pit / inside mining lease area. Hence, the Committee has not calculated any compensation.
o Mechanized boats and dredgers in river sand mining are prohibited, however usage of backhoe equipment like JCB is allowed as per the prevailing Rules and Regulations.
o Though the Sustainable Sand Mining Management Guidelines 2016 permits usage of semi mechanized or mechanized method of mining depends upon the location, thickness of sand deposition etc,. the Committee opined that manual method of mining be preferred for mining up to a depth of one-meter, the usage of semi mechanized or mechanized may be permitted only in case of the blocks where the depth of sand deposition is more than one meter and depth of mining can be permitted more than one meter.It may be noted that according to the Sustainable Sand Mining Management Guidelines 2016, the depth of mining may be restricted to 3m / water level, whichever is less.
o Mining shall be done in layers of one-meter depth to avoid ponding effectand after first layer is excavated, the process can be repeated for thenext layers so as to avoid pit formation.
o There are no violation of Environmental laws noticed except certain non- compliances of EC conditions relating to advertisement on grant of EC, Display of EC at the site, improvement of transport route, constitution of Environmental Management Cell, submission of half yearly compliance report. Considering the nature of non- compliances, one Month time may be given to the mine owners to comply with the EC conditions and submit a compliance report to Integrated Regional Office, MoEFCC, Bangalore / SEIAA, Karnataka with a copy to DMG, Raichur.Page 13 of 16
o The Committee also felt that the conditions stipulated in the EC such as dust extraction in mineral handling area (storage area), water conservation, etc are not so relevant for these mines hence conditions on dust extraction system, water conservation, Environmental Management Cell, CSR need to be revisited. The mine owners may utilise the service of accredited environmental consultant / laboratory for the environmental management instead of having their own Environment Management Cell. The SEIAA need to consider suitable modification of above conditions in the EC in future.
o In addition to the imposition of penalty, cancellation of mine lease in case of any violation- encroachment, excess mining etc, and barring the lease owner in participating in Auction for a particular period say one to two years, may be considered.
o DMG need to be strengthened with manpower and infrastructure so as to enhance the frequency of monitoring o The CC Cameras at stock yard shall be connected to the servers of District / Taluk Sand Monitoring Committees/ DMG for monitoring.
o The CC Cameras shall be installed at check post on the sand transport route and connected to the servers of District / Taluk Sand Monitoring Committees/ DMG for monitoring."
4. It is seen from the report that there was excess mining done and also heavy machineries were used for doing the quarrying and some illegalities were found and certain penalties have been recovered for transporting more than the permitted quantity. However for the excess mining, whether they have imposed penalty and recovered additional royalty, including whether they have recovered environmental compensation for doing excess mining including the cost required for restoration has not been mentioned in the report.Page 14 of 16
5. The learned counsel appearing for the applicant wanted some time to give their written submissions regarding the report for considering the matter in detail.
6. The committee is also directed (i) to submit a further report regarding the adequacy of the penalty recovered for the excess mining and whether that calculation was made in tune with the direction issued by the Principal Bench of National Green Tribunal in such matters and also in tune with the penalty provided under the respective mining laws in that State, (ii) to ascertain as to whether any further royalty has been recovered from the licensee who have been permitted to do the quarrying for the excess mining that has been done by them over and above the penalty imposed and whether the penalty imposed for transportation of more than the permit against the 78 lorries will include the amount that has been mentioned by this Tribunal above and (iii) to submit what are all the action taken by them against the alleged mining operators, including imposition of Environmental compensation and submit a further report to this Tribunal on or before 25.02.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
7. The applicant is also at liberty to file their objections/written submission, if any, to the Joint Committee report before the next hearing date.Page 15 of 16
8. The Registry is directed to communicate this order to the members of the committee by e-mail immediately so as to enable them to comply with the direction.
9. For consideration of further report and written submission/objections, if any, to the committee report, post on 25.02.2021.
.....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.171/2020, 27th January, 2021. Mn.
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