National Green Tribunal
Nature Club Of Rajasthan vs State Of Rajasthan on 18 September, 2023
Item No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 112/2023(CZ)
(I.A. No. 89/2023)
(I.A. No. 90/2023)
Nature Club of Rajasthan Applicant(s)
Versus
State of Rajasthan & Ors. Respondent(s)
Date of Hearing: 18.09.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL EXPERT MEMBER
For Applicant(s): Mr. ADN Rao, Sr. Adv.
(with Mr. Sandeep Singh
Shekhawat, Adv. And
Mr. Kanishk Devesh Sharma, Adv.)
For Respondent(s) : None.
ORDER
1. The grievance of the applicant is grant of permission by the state government for undertaking commercial sand mining works in the guise of desilting works in and beyond the submerged area of Bisalpur Dam, District Tonk, Rajasthan, without mandatory environmental clearance and other statutory approvals, pursuant to tender dated 21.11.2022 and for a period of 20 years.
2. It is submitted that there was a provision in MoEF&CC's notification vide O.M. dated 28.03.2020, where dredging and desilting of dams, reservoirs weirs, barrages, river and canals for maintenance and up keep and avert 1 natural disaster provided the dredged material is used departmentally, it is exempted for the requirement of environment clearance.
3. The above quoted O.M. was modified vide O.M. dated 12.07.2023 which provides the exemption from EC subject to the National Framework for Sediment Management, 2022 which provides as under :-
1. That exemption from EC is applicable in cases of desilting for the purpose of annual maintenance, upkeep and disaster management, which does not include sediment removal for commercial purposes.
2. For desilting works, a comprehensive Detailed Project Report (DPR) should be prepared by a PSU and thereafter approved a Technical Advisory Committee (TAC). Composition of TAC is also provided.
4. It is further submitted that there is no compliance of notification with regard to Detailed Project Report (DPR) and report of Technical Advisory Committee (TAC).
5. The issue raised in this application was directly and substantially in issue in the Original Application No. 06/2023(CZ) which is pending before the Principal Bench of this Tribunal.
6. It is desirable that the common question may be connected and to be heard by the same bench. Thus, we are of the view that original application should be transferred to Principal Bench to be connected with original application no. 06/2023 (CZ) pending in Principal Bench.
7. Accordingly, we direct the registry to place the matter before the Hon'ble the Chairperson with the request to transfer this matter (Original 2 Application No. 112/2023 (CZ)) to the Principal Bench of this Tribunal and to be connected and decided with O.A. No. 06/2023 (CZ) (pending in PB).
8. Next date be immediately communicated from the Principal Bench.
Sheo Kumar Singh, JM Dr. A Senthil Vel, EM 18th September, 2023 O.A No.112/2023(CZ) PN 3