National Green Tribunal
Narender Kumar vs Union Of India on 10 May, 2024
=wq
Item No. 13 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 752/2023
Narender Kumar Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 10.05.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Rahul Khurana, Adv. for Respondent No. 3 to 7
Mr. Saurabh Rajpal, Mr. Vinay Kumar Singh & Mr. Siddhant Singh,
Advs. for R - 10
ORDER
1. In this Original Application, the applicant has raised the grievance that respondent no. 10 has done illegal mining much in excess of the permissible limit in violation of the EC condition and that the surprise check was done by the State Vigilance Department and it was found in that surprise check that respondent no. 10 had extracted minerals six times more than the permissible limit in the year and had caused huge loss of revenue of about Rs. 35 crores to the Government of Haryana. The recommendations of the Vigilance Department in the report dated 13.07.2022 have been quoted by the NGT in the order dated 04.01.2024, we took note of the fact that in view of such a large scale illegal extraction, notice of termination of contract dated 22.08.2023 was issued to respondent no. 10 still the mining operation was continuing.
2. In the aforesaid background, the Tribunal on 04.01.2024 had constituted a joint Committee with a direction to the Committee to carry out spot inspection, examine the relevant record and submit the report relating to extent of illegal mining by respondent no. 10, extent of environmental damage caused in the process and remedial action.
13. The interim report dated 28.02.2024 has been submitted by the joint Committee wherein the joint Committee after the site visit on 08.02.2024 and after ascertaining the facts from other sources has found as under:-
"6.0 ASCERTAIN THE FACTS REGARDING SURPRISE CHECK CONDUCTED BY STATE VIGILANCE BUREAU ON 11.05.2022 That state Vigilance Bureau on source information, such as "GST, Royalty is being evaded by way of not issuing bills of the Trucks/Dumpers taking material from the mine at Ratewali, Panchkula and mining beyond permissible limit by M/s Tirupati Roadways Mine at Village- Rattewali", conducted a surprise check on 11.05.2022 with a team of officers (herein referred as team) of the above said site. During the surprise check, the team examined the relevant documents/records and it was revealed that during the period of 05 days from 05.05.2022 to 11.05.2022, a total number of 1868 Trucks/Dumpers were found to be taking out the material. Whereas, bills mentioning GST and Royalty etc. of only 518 Trucks/Dumpers were found to be issued.
That thereafter on 13.05.2022 in the presence of Mining Officer, Senior Surveyor from Mining Department, Panchkula, Survey of the site (M/s Tirupati Roadways, Rattewali, Panchkula) was conducted by Officers/Officials of HARSAC, Gurugram to verify as to how much volume of material has been extracted from the said river/mine. Further, Principal Scientist, HARSAC, Gurugram vide report dated 06.06.2022 reported to the Vigilance Department, Panchkula that total volume extracted is reported to be 4766079.68 MT (47.66 LTPA).
That as per clause 21 (A) specific conditions of Environment Clearance letter no. J11015/75/2017-IA. II(M) dated 21.02.2020 issued to M/s Tirupati Roadways (Respondent no. 10), Rattewali, Panchkula, the permissible limits of river bed material (Boulder, Greval and Sand) shall be limited to only 8.39 LTPA (8390000 MT) instead of requested 19 LTPA from an effective mineable area of 24.25 Ha with a maximum mineable depth of 1.33 meter from the original ground, and during the surprise check the extracted mining volume found beyond permissible limits, accordingly, the Inspector, State Vigilance Bureau, Panchkula sent a report dated 23.06.2022 to the Deputy Inspector General, State Vigilance Bureau, Panchkula with the following recommendations:-
1. A case May be registered under Section 420, 379, 414 of IPC and Section 4/21 of MMDR Act and 13 (2) r/w 13 (I) (d) of PC Act.
against M/s Tirupati Roadways, owners of the firm and the unknown Government servants of Mining Department of Panchkula.
2. In addition to the punitive action, as per the term and condition of the lease, recovery of loss of revenue may be made from M/s Tirupati Roadways.
3. As per source report, it is reported that M/s Tirupati Roadways is still continuing with the illegal extraction of minerals/materials, 2 therefore, Mining Department should take effective steps for prevention of further loss of revenue.
4. Mining Department should also get conducted geo-spatial surveys of all the mines through HARSAC to check loss of revenue.
The copy of surprise check report dated 23.06.2022 is annexed as Annexure-R-5.
COMPLAINT LODGED-
That Respondent No. 10 (Tirupati Roadways) extracted beyond permissible limits minerals/materials for which Environment Clearance granted and during the surprise check dated 11.05.2022, several others offences found committed by the Respondent no. 10, Sh. Shreef Singh, DSP, State Vigilance Bureau lodged a FIR (09/2022) on 25/08/2022 against the M/s Tirupati Roadways and Officers/Officials of the Mining Geology Department under the Section 379, 414, 420 of IPC, 1860 & Section 4, 21 of Mines and Minerals (Development and Regulation) Act, 1957 and 13 (2), 13 (I)
(a) of Prevention of Corruption Act, 1988 (Annexure- R-6).
HARSAC REPORT DATED 06.06.2022- That State Vigilance Bureau, Panchkula, Haryana vide letter no. Spl 01/PS/SVB/PKL dated 12.05.2022 has requested to HARSAC to measure the volume of material extracted from mines at Village Rattewali, by M/s Tirupati Roadways Mining site. Therefore, HARSAC has conducted the DGPS survey at Rattewali mining site on 13.05.2022 along with officials of State Vigilance Bureau, Sr. Surveyor of head office Mines and Geology, and Mining officer Panchkula, Haryana as per their directions and requirements.
METHODOLOGY FOR CALCULATION VOLUME EXTRACTED MATERIAL-
To perform the following analysis of surface volume and extracted material from the river bed at very first we have to fix a ground level contour from SOI toposheet. The vertical accuracy of the Differential Global Positioning system (DGPS) instrument is evaluated by comparing with Survey of India (SOI) 360m contour of the M/S Tirupati Roadways and its Surroundings area through DGPS readings. It seems that the DGPS, Z value approximately [t 1.14) is high from the SOI contour. So, the observed value from DGPS surveyed points are subtracted by the value of 1.14 m to achieved the nearest correct Z value. With the help of corrected DGPS points we have created digital elevation model (DEMJ raster surface to put forwarding the process we have generate surface contour using GIS Environment. After that we have proceed to the calculating process.
HARSAC SURFACE VOLUME ANALYSIS OF MATERIAL EXTRACTED-
As per the Mining plan the existing River Bed Level value is 356.8 M and permissible River Bed Level value is 353.8 M subject to verify from Mining Department. The current deepest River Bed Level measured on one site is 342.30 M through DGPS survey. Elevation 3 difference is 11.497 meters beyond the permissive level. Total Mining Area is 45 hectares as per Mining Plan and mining activity occurred in 30.84 hectares.
HARSAC CONCLUSION-
Based on interpretation / analysis of mining plan it is seems that the existing River Bed Level value is fixed but the river bed level is dependent on gradient variations due to slope, and aspect, geological structure, elevation pattern, nature of rocks, hydrological settings and Land-Use Land-Cover. Thus, it is submitted that the volume calculation is not fixed for the entire area of interest (AOI) due to the above relevant factors. The entire report is prepared as per the information (existing level of river bed and permissive level of river bed) available in the mining plan provided by email dated 17/05/2022.
The copy of HARSAC report dated 06.06.2022 is annexed as Annexure- R-7.
STATUS REPORT OF FIR-
That as mentioned above a FIR has been registered against the M/s Tirupati Roadways and the unknown officers/Officials of the Mining Department at PS, ACB, Panchkula. Investigation report dated 27.02.2024 received from the DSP, ACB, Panchkula and submitted that searches were conducted at the office of Mining Site and Office of accused firm. Relevant persons/Officials have been examined from accused firm M/s Triupati Roadways Mine and Tirupati Roadways Mine and documents received during investigation from the Mining Department and Officers/Officials of Mining Department are being examined.
Investigation conducted so far has revealed that here is conspiracy of mining officers/officials with the owners of the said firm in getting extracted huge volume of material more than the permissible limit. Still the case is under investigation and the same will be concluded shortly (Annexure- R-8)."
4. The report of the joint Committee on page 343 also states about conspiracy of Mining Officers/Officials with the Project Proponent by observing as under:-
"Investigation conducted so far has revealed that here is conspiracy of mining officers/officials with the owners of the said firm in getting extracted huge volume of material more than the permissible limit. Still the case is under investigation and the same will be concluded shortly (Annexure- R-8)."
5. The interim report of the joint Committee mentions as many as 15 points relating to compliance of EC conditions in the tabulated form and 4 records as many as seven non-compliance by the respondent no. 10. The observation of the joint Committee in the interim report is as under:-
"Observations of the Joint Committee:
1. During inspection of the Joint Committee on 08.02.2024, it was found that mining has been done within the pillars installed by the Revenue Department and Mining Department and same has been verified by the Tehsildar, Panchkula that no mining was done beyond the pillars. However, the committee observed that the PP has made Mining beyond 1.33 mtr. which is permitted in the Environment Clearance. Besides the mining is not being done in scientific way and formation of ponding was seen in the river bed. No water flow was observed on the day of inspection as this river is tributary of Tangri and a seasonal river.
2. The Mining Department has been asked to provide the detail of exact mineable mineral excavated from the river bed. Further, the Mining Department has asked for three weeks time from the Joint Committee to provide the above mentioned details/information and to complete the survey. In case if Mining Department submit report that mineable mineral excavated in excess to the EC conditions, then HSPCB will impose Environmental Compensation.
3. As submitted by the DSP, Vigilance a FIR under Mines and Minerals Act, IPC and Prevention of corruption has been lodged against the PP and the investigation is under process."
6. Considering the seriousness of the matter, the joint Committee in the interim report has made following recommendations:-
"Recommendation/Remedial action:
Joint Committee observed that the PP has not complied with the EC conditions hence LOI may be suspended by the Mines and Geology Department, Haryana till verification is completed by Joint Committee and final report is submitted by the Mining Department as stated in observation no. 2."
7. In terms of the said recommendations, the Mining and Geology Department was required to consider suspending the LOI issued to the PP till verification is completed by the joint Committee and the final report is submitted. Though this recommendation was made on 28.02.2024, and more than two months have passed thereafter, but no 5 action taken by the Mining and Geology Department, Respondent No. 4 has been pointed out.
8. In the above circumstances, we direct respondent no. 4 to duly consider the recommendation made in the Mining Committee by following the principles of 'Natural Justice' and take appropriate decision within a period of two weeks from today and submit action taken report before the Tribunal immediately thereafter.
9. A request letter has been received from the Joint Committee dated 08.05.2024 seeking extension of time to file the final report so that extent of environmental damage caused through illegal excavation of minerals may be analysed and remedial action may be taken in this regard. For the reasons which are disclosed in the request letter, the prayer is allowed and further four week's time is granted to file the report.
10. The respondent no. 10 has filed objection to the joint Committee report but on perusal thereto, we find that all the findings which are recorded in the interim report have not been questioned nor any reasonable material has been enclosed to doubt the same.
11. List on 01.08.2024.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM May 10, 2024 Original Application No. 752/2023 SN 6