Surndra And Ors vs State Of Uttar Pradesh on 6 November, 2025

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National Green Tribunal

Surndra And Ors vs State Of Uttar Pradesh on 6 November, 2025

Item No. 8                                             Court No. 2

             BEFORE THE NATIONAL GREEN TRIBUNAL
                 PRINCIPAL BENCH, NEW DELHI

                  Original Application No. 1040/2024


1. Surendra
S/o Ganesh
R/o Village Rupoli, Post Salkhan,
District Sonbhadra
Uttar Pradesh- 231216.

2. Balmati,
R/o Village Rupoli, Post Salkhan,
District Sonbhadra
Uttar Pradesh- 231216.

3. Ramsubhag
R/o Village Rupoli, Post Salkhan,
District Sonbhadra
Uttar Pradesh- 231216.

4. Hiralal
R/o Village Rupoli, Post Salkhan,
District Sonbhadra
Uttar Pradesh- 231216.

5. Bacha Yadav
R/o Village Rupoli, Post Salkhan,
District Sonbhadra
Uttar Pradesh- 231216.

                                                        Applicants

                              Versus

1. State of Uttar Pradesh
Through Secretary,
Environment, Forest and Climate Change,
Government of Uttar Pradesh.
[email protected]

2. Directorate, Geology and Mining,
State of Uttar Pradesh-226001
Khanij Bhawan 27/8,
Raja Ram Mohan Rai Marg,
Lucknow-226001 (U.P.)
E-mail - [email protected]

3. Uttar Pradesh Pollution Control Board,
Building No. TC-12V
Vibhuti Khand, Gomti Nagar,
Lucknow-226010.
E-mail- [email protected]

4. The District Magistrate, Sonbhadra,
DM Office, Lodhi, Sonbhadra, U.P.-231216.
 O.A. No.1040/2024                  Surendra & Ors. vs. State of U.P. & Ors.
                                   2


 E-mail- [email protected]

 5. M/s New India Minerals
 Arazi No. 824 Kha (Khand No.3),
 Village- Agori Khas, Tehsil- Obra,
 District Sonbhadra- 231216.

 6. Mr. Chandra Shekhar Chaurasiya,
 Mining Lease Agri No. 824 Kha (Khand No.1),
 Village- Agori Khas, Tehsil- Obra,
 District- Sonbhadra- 231216.
                                                                Respondents


 Counsel for the Applicants:

 None for the applicants.

 Counsel for the Respondents:

 Mr. Bhanwar Pal Singh Jadon, Ms. Gargi Chaturvedi and Ms. Anjali
 Sharma, Advocates for respondent no. 1.

 Mr. Ankit Verma, Advocate for respondents no. 2 and 4 (through VC).

 Mr. Amit Shukla, Mr. Atul Mishra and Mr, Chaitanya Kansra, Advocates
 for respondent no. 3.

  Mr. Mayank Pandey, Mr. Subramaniam and Mr. Arun Manjhi, Advocates
 for respondents no. 5 and 6.

 Mr. Raj Kumar, Advocate for CPCB (through VC).

 Mr. Ashok Kumar Meena, S.P., Sonbhadra (through VC).

 PRESENT:


 HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
 HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

 _______________________________________________________________________________
                                      Judgment Reserved on:- 29.04.2025

                                 Judgment pronounced on:- 06.11.2025
 ________________________________________________________________________

                              JUDGMENT

PRONOUNCED BY: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JM

1. The applicants, Mr. Surendra and others have sent by post to this Tribunal the present letter petition dated 09.01.2024 (Pages No. 1 and 2 of the paper book) which has been treated and registered as Original O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

Application for exercise of suo-moto jurisdiction in view of law laid down by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401.

2. The applicants have raised grievances regarding illegal sand mining in Kaimur Wildlife Sanctuary area. The relevant part of the Original Application enumerating grievances of the applicants is reproduced as under:-

"विषय- कैमूर िन्य जीि प्रभाग वमजाापुर अन्तगात गुमाा रें ज में सेंचुरी क्षेत्र ि िन क्षेत्र में न्यू इण्डिया वमनरल्स िेंचसा प्राइिेट विवमटे ड द्वारा बािू का अिैध खनन, पररिहन करने के सम्बन्ध मे -

X X X X सादर अिगत कराना है वक न्यू इण्डिया वमनरल्स िेंचसा प्राइिेट विवमटे ड श्री चन्द्रशेखर को खनन विभाग द्वारा पाांच िषीय मोरां ग का खनन का पट्टा आिवटां त है। उनके द्वारा आिांवटत आराजी सां० 624ख, रकबा 16.194 हे० (खि 1) सीमाांकन क्षेत्र से बाहर जाकर मौजा करगरा के अन्तगात गुमाा रें ज के आराजी सां० 1 मी सुरवक्षत िन क्षेत्र, सेंचुरी क्षेत्र मे मुख्य जि धारा मे रात वदन, बडी-बडी मवशनोां को िगाकर रोजाना सैकडो टर कोां पर बािू िादी जा रही है। वजससे जविय जीि जन्तुओ को नुकसान पहांचाते हये भारतीय िन अवधनीयम 1927 भारतीय िन्य जीि सांरक्षण 1972 का उल्लेखन वकया जा रहा है । महोदय कई बार गुमाा रें ज के रें जर साहब द्वारा मौके पर जाकर दे खा भी गया की उपरोक्त खनन िन क्षेत्र में हो रहा है। इसके द्वारा कोई भी कायािाही नही की गयी और न ही खनन बन्द कराया गया। वजससे प्रवतत होता है वक िन विभाग के उच्च अवधकाररयोां द्वारा खुिेआम िन क्षेत्र मे खनन करने की अनुमवत प्रदान की गयी है । िन विभाग के इस रिैये से आम जनमानस में गहरा रोस व्यक्त्त है। अगर कोई गााँि िािा एक बोरी सायवकि से बािू िादकर अपने वनजी काम के विये िे जाता है तो उसके उपर फजी मुकदमा िादने तथा उसको पकडकर जुमााना माांगते है। जबवक िन क्षेत्र में बडी-बडी मशीनोां द्वारा रात-वदन सैकडो टर कोां पर बािू िादी जा रही है िेवकन गुमाा रें ज द्वारा कोई कायािाही नहीां वकया जाना िोगोां के बीच चचाा का विषय बना हआ है। वजससे प्रवतत होता है वक उच्चावधकाररयोां के सांरक्षण से िन क्षेत्र मे अिैध खनन का खेि जारी है तथा मोटी रकम िेकर अवधकाररयोां ने अपनी आां खे बन्द वकये हये बैठे हैं।

अतः महोदय जी से वनिेदन है वक उक्त प्रकरण पर उच्च स्तरीय जाांच कराते हये कायािाही करने की कृपा करें । वजससे िन्य क्षेत्र ि जिीय जीि जन्तुओां को बचाया जा सके।"

3. The English translation of the relevant part of the letter petition by the Registry reads as under:-

"Subject: Regarding illegal mining and transportation of sand by New India Minerals Ventures Private Limited in the O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

sanctuary area and forest area of Gurma Range under Kaimur Wildlife Division, Mirzapur.

X X X X It is informed that the Mining Department has allotted a five- year lease for mining gravel to Mr. Chandrashekhar of New India Minerals Ventures Private Limited. Going out of the demarcation area of the land allotted to them, land No. 624B, area 16.194 hectare (section 1), in the protected forest area of Gurma Range under Mauja Kargara, in the main water stream of the sanctuary area, sand is being loaded on hundreds of trucks day and night by using big machines. This is causing harm to aquatic animals and the Indian Forest Act 1927 and the Indian Wildlife Protection Act 1972 are being cited. Sir, the Ranger of the Gurma Range visited the site several times and observed the mining taking place in the forest area. He took no action, nor did he stop the mining. This shows that senior Forest Department officials have openly granted permission for mining in the forest area. This attitude of the Forest Department has caused deep resentment among the general public. If a villager takes a sack of sand on his bicycle for personal use, they file a false case against him, arrest him and demand a fine. While sand is being loaded onto hundreds of trucks day and night using large machines in the forest area, the Gurma Range's inaction has become a topic of discussion among the people. This suggests that illegal mining is continuing in the forest area under the protection of high officials, and the officials, after receiving large sums of money, are turning a blind eye.

Therefore, I request you to kindly conduct a high-level investigation into the matter and take action so that wildlife and aquatic animals can be saved."

4. Since the averments made in the original application raised substantial environment questions related to implementation of the enactments specified in Schedule I of the National Green Tribunal Act, 2010, vide order dated 07.11.2024 this Tribunal constituted a Joint Committee comprising of District Magistrate, Mirzapur; Central Pollution Control Board (CPCB); Uttar Pradesh Pollution Control Board (UPPCB);

and Principal Chief Conservator of Forest, Uttar Pradesh. The Committee O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

was directed to visit the site, collect relevant information and submit factual report within one month.

5. In compliance thereof, report dated 10.12.2024 (Pages No. 3 to 200 of the paper book) of the Joint Committee has been filed vide email dated 11.12.2024. The relevant part of the report of the Joint Committee reads as under:-

"JOINT COMMITTEE REPORT IN THE MATTER OF Surender and Ors. Vs State of Uttar Pradesh in (Original Application No. 1040/2024) X X X X In compliance to said order, the following officials were nominated from the concerned Department:

1. Shri N. Ravindra, Chief Conservator of Forest, Uttar Pradesh at Lucknow

2. Shri Arvind Kumar, Sc. 'C', CPCB, RD, Lucknow

3. Shri Satya Prakash Singh, ADM, Mirzapur

4. Shri Ritesh Kumar, RO, UPPCB, RO, Sonbhadra The complainant has mentioned illegal mining by M/s New India Minerals Ventures Pvt. Ltd., promoted by Chandrashekhar with Mining area in Aragi No.624 (Kha), admeasuring 16.19 hectares (Block-1). As per mining department, M/s New India Minerals is owned by Shri Surendra Tiwari having lease area 16.194 located at Arazi No. 824 Kha (Khand No. 3), Village- Agori Khas, Tehsil-

Obra, District- Sonbhadra. M/s Chander Shekhar Chaurasia is another project having lease area 16.194 located at Arazi No. 824 Kha (Khand No. 1), Village-Agori Khas, Tehsil- Obra, District- Sonbhadra. Both the leases are part of cluster. As the matter is related to Sonbhadra District, Shri Vivek Singh, SDM Obra, Sonbhadra is also nominated by DM Sonbhadra to represent DM Sonbhadra in the joint visit.

2. Inspection of Joint Committee:

Joint inspection of both the sites as mentioned above have been carried out on 03.12.2024 by the joint committee. During visit, the following officials were also present along with committee members:

1. Shri Tapas Mihir, DFO, Kaimur Wild Life Sanctuary, Mirzapur O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

2. Shri Anurag Priyadarshi, DFO Obra Forest Department, Sonbhadra

3. Shri Arvind Kumar, Wildlife Warden, Kaimur Wild Life Sanctuary, Mirzapur

4. Shri Yogesh Shukla, Surveyor, Mining Department, Sonbhadra 2.1. Inspection of M/s New India Minerals, Arazi No. 824 Kha (Khand No. 3), Village- Agori Khas, Tehsil- Obra, District-

Sonbhadra 2.1.1. Observations:

Observations based on Joint inspection and available records with Mining Department and RO-UPPCB are as follows:

1. The mining department has granted a mining lease of 16.194 Hectares total area for Morrum mining from the River Sone at Arazi No. 824 Kha (Khand No. 3), Village- Agori Khas, Tehsil- Obra, District- Sonbhadra to M/s New India Minerals,owned by Shri Surendra Tiwari s/o Shri Atmaram Tiwari resident of 10, Govindpur Ganeshpur, Akbarpur, District- Ambedkar Nagar.

2. Notice for e-tendering along with e-auction for the lease was issued by the District Magistrate, Sonbhadra on 29.11.2018. (A copy of the e-auction notice is annexed as Annexure No. 2)

3. Letter of Intent (Lol) for the lease was issued by the District Administration to the Project Proponent (PP) on 08.01.2021. The Lol was issued for 16.194-hectare mine lease area (Quantity-259104 m³ per year) for 5 years. (A copy of Lol is annexed as Annexure No.

3)

4. The public hearing for the said mining project was conducted on 18.08.2021.(Copy of MoM of public hearing is annexed as Annexure No. 4)

5. Environmental Clearance (EC) has been granted for Morrum mining in the lease area by State Level Environment Impact Assessment Authority (SEIAA), Uttar Pradesh on 01.12.2021 to M/s New India Minerals owned by Shri Surendra Tiwari s/o Shri Atmaram Tiwari resident of 10, Govindpur Ganeshpur, Akbarpur, District Ambedkar Nagar, vide letter no.

109/Parya/SEAC/6257/2019. (A copy of EC is annexed as Annexure No. 5)

6. The above-mentioned mining lease has been granted by District Magistrate, Sonbhadra (Mining Department) for the duration of 13.12.2021 to 12.12.2026.

7. The PP was granted Consolidated Consent to Operate (CTO) under the Water (PCP) Act, 1974 and the Air (PCP) Act, 1981 on 13.01.2023, which is valid from 01.01.2023 to 31.12.2024. (Copy of CTO is annexed as Annexure No. 6)

8. During the visit, it was observed that no mining operation is being carried out on the lease area. It is informed by mining department that the unit is closed since February 2023 in compliance to Hon'ble O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

NGT order dated 20.02.2023 in the matter of O.A. No. 818 of 2022, Sandal Praveen Versus Union of India and Ors. In this regard closure order was issued by District Administration (Mining Division) Sonbhadra on 21.02.2023. Copy of the same is enclosed as Annexure-7.

9. During the visit, no machineries were found on the site. Weighing bridge and display board with mining lease information were available on site.

10. During visit, no mining in the forest land was observed.

11. The PP has conducted a replenishment study of the area and report is submitted to the District Mining Officer, Sonbhadra on 12.07.2024. Copy of the same is enclosed as Annexure-8.

12. Director, Directorate of Geology and Mines, U.P., has approved the mining plan of lease area on 26.03.2021. Copy of the approval is enclosed as Annexure-9.

13. During the visit, following violation with respect to EC & CTO conditions, Mining Plan, Mining guideline etc were observed:

a) No PTZ camera was found installed at the mining site. It is informed by the representative of the Project Proponent that the PTZ camera is removed as unit is non-operational.

b) During the visit, only 04 temporary pillars out of 08 were found in the lease area at designated locations. It was informed by the representative of the project proponent that all pillars will be installed when the unit would be in operation. Necessary action may be taken by the Mining Department to ensure the installation of a pillar within the lease area.

c) The PP has not carried out adequate plantation in compliance with CTO & EC conditions.

d) The PP has not carried out the hydro-geological study.

e) The PP has not conducted third-party monitoring of various parameters including ambient air quality etc. O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

f) The PP has yet not constructed two toilets and one hand pump in the mine office.

g) During the visit, it was observed that no dust control measures such as water sprinkling, plantation on both sides of the road used for the transportation of Morrum, etc have been carried out. 2.2. Inspection of mining lease Arazi No. 824 Kha (Khand No.

1), Village-Agori Khas, Tehsil Obra, District- Sonbhadra owned by Shri Chandra Shekhar Chaurasiya 2.2.1. Observations:

Observation based on Joint inspection and available records with Mining Department and RO-UPPCB is as follows:

1. The mining department has granted a mining lease of 16.194 Hectares total area for Morrum mining from the River Sone at Arazi No. 824 Kha (Khand No. 1). Village- Agori Khas, Tehsil Obra, District- Sonbhadra to Shri Chandra Shekhar Chaurasiya, Address- 9 A, Paramount Villa Ansals near Regional College, Shyamla Hill, Bhopal- 462013.

2. Notice for e-tendering along with e-auction for the lease was issued by the District Magistrate, Sonbhadra on 27.01.2021. (A copy of the e-auction notice is annexed as Annexure No. 10)

3. Letter of Intent (LoI) for the lease was issued by the District Administration to the Project Proponent (PP) on 18.03.2021. The LoI was issued for 16.194-hectare mine lease area (Quantity-259104 m³ per year) for 5 years. (A copy of Lol is annexed as Annexure No.

11)

4. The public hearing for the said mining project was conducted on 06.01.2022. (Copy of MoM of public hearing is annexed as Annexure No. 12)

5. Environmental Clearance (EC) has been granted for Morrum mining in the lease area by State Level Environment Impact Assessment Authority (SEIAA), Uttar Pradesh on 28.04.2022 to Shri Chandra Shekhar Chaurasiya, Address- 9 A, Paramount Villa Ansals nearRegional College, Shyamla Hill, Bhopal- 462013, vide letter no. 275/Parya/SEIAA/6305/2021. (A copy of EC is annexed as Annexure No. 13)

6. The above-mentioned mining lease has been granted by District Magistrate, Sonbhadra (Mining Department) for the duration of 06.05.2022 to 05.05.2027.

7. The PP was granted Consolidated Consent to Operate (CTO) under the Water (PCP) Act, 1974 and the Air (PCP) Act, 1981 on O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

29.12.2023, which is valid from 01.01.2024 to 31.12.2026. (Copy of CTO is annexed as Annexure No. 14)

8. During the visit, mining site was found operational. Pillars were found installed at designated corners of the lease area. However, Pillar no. with location details was not mentioned on the pillars. PTZ camera was found installed at the mining site.

9. During visit, mining activity was observed within the lease area. However, as per satellite image (Source: Google Earth) dated 23.04.2024 mining activity was observed near the lease area in the river stream. Please refer satellite image as below:

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

10. Weighing bridge and display board with mining lease information was available on site.

11. During visit no mining in forest land was observed.

12. The PP has conducted replenishment study of the area and report is submitted to the District Mining Officer, Sonbhadra on 12.07.2024. Copy of the same is enclosed as Annexure-15.

13. Director, Directorate of Geology and Mines, U.P., has approved the mining plan of lease area on 20.05.2021. Copy of the approval is enclosed as Annexure-16.

14. Six monthly compliance report is submitted to the district mining officer by project proponent (PP) on 10.07.2024.

15. During the visit, following violation with respect to EC & CTO conditions, Mining Plan, Mining guideline etc were observed:

a) The PP has not carried out adequate plantation in compliance with CTO & EC conditions.

b) The PP has not carried out the hydro-geological study.

c) The PP has not conducted third-party monitoring of various parameters including ambient air quality etc.

d) The PP has yet not constructed two toilets and one hand pump in the mine office.

e) During the visit, it was observed that no dust control measures such as water sprinkling, plantation on both sides of the road used for the transportation of Morrum, ete have been carried out.

3. Recommendations:

Based upon the above observations, Joint Committee recommends as below:

1. Mining department should ensure that mining should not be carried out beyond the lease area and in river stream.

2. SEIAA-UP should take actions (issue SHOW CAUSE) for non-

compliance observed (w.r.t. EC conditions) by the Joint Committee during the inspection and UPPCB shall take necessary action against Project Proponents for violation of CTO conditions.

3. Mining Department and SEIAA may ensure proper compliance of Sustainable Morrum Mining Guideline, 2020.

4. Both project proponents should comply the following:

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

a) Project Proponents should make necessary arrangements for water sprinkling for dust control on the road for transportation. NOC from the State Ground Water Authority is required if project proponents meet their water requirement through bore-well.

b) Project Proponents should carry out a hydro-geological study and submit a report to the concerned authorities.

c) Project Proponents should provide adequate plantation as per the condition of the CTO and EC.

d) Proper demarcation of pillars by Mining department and lease holder should be done as per guideline. Reference point for mining depth measurement may be marked on pillar by the mining department."

6. Vide order dated 13.01.2025, this Tribunal impleaded (1) State of Uttar Pradesh through Secretary, Environment, Forest and Climate Change, Government of Uttar Pradesh, (2) Directorate, Geology and Mining, State of Uttar Pradesh, (3) Uttar Pradesh Pollution Control Board, (4) the District Magistrate, Sonbhadra, (5) M/s. New India Minerals, Arazi No. 824 Kha (Khand No. 3), Village- Agori Khas, Tehsil-Obra, District-

Sonbhadra and (6) Mr. Chandra Shekhar Chaurasiya Mining Lease Arazi No. 824 Kha (Khand No. 1), Village- Agori Khas, Tehsil-Obra, District-

Sonbhadra as respondents no. 1 to 6 and ordered issuance of notices to respondents no. 1 to 6 requiring them to file their replies/responses within 3 weeks after receipt of notice at least three days before the next date of hearing fixed.

7. Reply dated 07.02.2025 (Pages No. 313 to 461 of the paper book) has been filed by respondent no. 3. Reply dated 05.02.2025 (Pages No. 462 to 554 of the paper book) has been filed by respondent no. 4. Reply dated 09.02.2025 (Pages No. 201 to 217 of the paper book) has been filed by respondent no. 5. Reply dated 09.02.2025 (Pages No. 218 to 312 of the paper book) has been filed by respondent no. 6. Response dated 25.04.2025 (Pages No. 669 to 990 of the paper book) was filed by respondent no. 3-UPPCB. Reply dated 17.03.2025 (Pages No. 555 to 566 O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

of the paper book) by respondent no. 1. Reply dated 17.03.2025 (Pages No. 566 to 668 of the paper book) by respondent no. 1. Affidavit dated 28.04.2025 (Pages No. 991 to 1050 of the paper book) was filed by Superintendent of Police.

8. Reply dated 17.03.2025 (Pages No. 555 to 566 of the paper book) was filed by respondent no. 1. The relevant part of reply reads as under:-

"REPLY ON BEHALF OF RESPONDENT NO. 1 IN COMPLIANCE OF ORDER DATED 13.01.2025 PASSED BY THE HON'BLE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI X X X X

4. That with regards to the complaint made regarding the illegal mining, DFO, Kaimoor Wildlife Division, Mirzapur, vide Letter dated 31.01.2025 directed the Wildlife Warden, Kaimoor Wildlife Sanctuary, Churk-Sonbhadra, to conduct a thorough inquiry into the facts mentioned in the complaint.

A copy of letter dated 31.01.2025 is annexed herewith and marked as ANNEXURE-1.

5. That in pursuance of the above, the Wildlife Warden, Kaimoor Wildlife a Sanctuary, Churk-Sonbhadra, constituted a committee under his chairmanship to investigate the complaints raised. The committee carried out the inspection of the sanctuary dated 01.02.2025. The factual report was subsequently submitted by the Wildlife Warden vide letter dated 03.02.2025 to the Divisional Forest Officer, Kaimoor Wildlife Division, Mirzapur. A copy of letter dated 03.02.2025 and inspection report dated 01.02.2025 is annexed herewith and marked as ANNEXURE-2.

6. That the observations made by the committee are as follows:

i. Shri Chandra Shekhar Chaurasiya has been granted a lease for sand mining in Arazi No.-824 Kha, Village Agori Khas. The concerned mining area (Khand-1), as mentioned by the complainant, falls under the jurisdiction of Obra Forest Division, Obra.

ii. To the east of the concerned mining area (Khand-1) lies a river forest area of Village Kargara, which falls under the control of the Kaimoor Wildlife Division, Mirzapur, designated as Arazi No.-1 Mi. The width of the Kargara River Forest Area is approximately 342 meters. The distance between the external boundary of the Kargara River within the Forest Area and the concerned mining area (Khand-1) exceeds 100 meters.

iii. During the inspection, no mining activity was observed within the river forest boundary or in the area extending 100 meters beyond it.

iv. Similarly, M/s. New India Minerals has been granted a lease for sand mining over an area of 16.194 hectares under Khand-3 of Arazi No.-824 Kha. To the east of this Khand-3, there lies the Kargara River Forest, under the jurisdiction of the Kaimoor Wildlife Division, Mirzapur, with a width of approximately 422 meters. O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

Currently, mining operations in this Khand are halted, and no illegal mining activity has been found.

v. In compliance with the order dated 30.09.2024, passed in the same Original Application (O.A.) before the Hon'ble National Green Tribunal, New Delhi, a joint inspection and demarcation of the concerned mining areas (Khand-1 and Khand-3) was conducted by the Forest Department, Revenue Department, and Mining Department. The joint report was submitted vide this office letter dated 06.12.2024. During the joint inspection and demarcation, no mining activity was found within the Kargara River Forest boundary or in the area extending 100 meters beyond it.

7. That the Hon'ble Tribunal vide Order dated 07.11.2024 constituted a joint committee comprising of District Magistrate, Mirzapur, Central Pollution Control Board; Uttar Pradesh State Pollution Control Board; and, Principal Chief Conservator of Forest, Uttar Pradesh at Lucknow. The Joint committee submitted its report in compliance of the directions passed by the Hon'ble Tribunal wherein it has been clearly stated by the joint committee that "During the visit, no mining in the forest land was observed."

8. That however, during the inspection by the joint committee, it was observed that the Project Proponent is not fully compliant in respect of few conditions of the EC and the CTO issued to them by SEIAA and UPPCB. In this regard the DFO, Kaimoor Wildlife Division, Mirzapur issued a letter dated 05.03.2025 to the Mining Officer, Sonbhadra, and the Regional Officer, UPPCB, requesting them to ensure compliance with all the conditions in the EC and CTO by the Project Proponent, which the joint committee observed as not fully compliant with during their inspection. Additionally, they were requested to address the issues and provide an update to the DFO office on the actions taken to ensure the Project Proponent's compliance.

A copy of letter dated 05.03.2025 is annexed herewith and marked as ANNEXURE-3.

9. That during the inspection conducted by both the Joint Committee and the committee constituted by the Wildlife Warden, Kaimoor Wildlife Sanctuary. no instances of illegal mining were found either within the forest land or in the river flowing through the forest land. Additionally, the committee observed that no illegal mining activities were being carried out within a 100-meter radius of the forest land boundary. Furthermore, the Principal Chief Conservator of Forest, Uttar Pradesh, upon verifying all relevant facts and circumstances, has accorded assent to the inspection reports prepared by the respective committees."

9. Vide order dated 18.03.2025 this Tribunal directed respondent no.

1-Secretary, Environment, Forest and Climate Change, Government of Uttar Pradesh to file within four weeks additional affidavit containing detailed information with respect to complaints made to the Forest Officers, Administrative Officers, District Mining Officers and Police regarding illegal mining in forest area/river bed/stream and action taken on the same. O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

10. In compliance thereof response dated 27.04.2025 (Pages no. 567 to 668 of the paper book) was filed by respondent no. 1. The relevant part of the response is reproduced below:-

"RESPONSE ON BEHALF OF RESPONDENT NO. 1 IN COMPLIANCE OF THE ORDER DT. 18.03.2025 PASSED BY THE HON'BLE NATIONAL GREEN TRIBUNAL, NEW DELHI X X X X

5. That in compliance of the aforementioned order, Divisional Forest Officer, Kaimur Wildlife Division, Mirzapur vide letter dt. 06.04.2025, had requested the District Magistrate, Sonbhadra; Superintendent of Police, Sonbhadra; and Senior Mining Officer, Sonbhadra to provide their reports with respect to the actions taken in the present matter.

A Copy of the letter dt. 06.04.2025 has been annexed herewith as ANNEXURE A-1.

A. REPORT OF THE DISTRICT MAGISTRATE, SONBHADRA

6. That it is pertinent to submit that the District Magistrate, Sonbhadra vide letter dt. 18.04.2025 has provided with his report.

A Copy of the letter dt. 18.04.2025 has been annexed herewith as ANNEXURE A-2

7. That the said report states as under:

1. With respect to M/s New India Minerals ie Respondent No. 5:

(1) That a five-year mining lease for morum (riverbed sand/aggregate) was sanctioned via e-tender cum e-auction system for Plot No. 824Kha (Khand-3), having area of 16.194 hectares, located at Village Agorikhas, Tehsil - Obra, District-

Sonbhadra, in favour of M/s New India Minerals i.e. Respondent No. 5. for the period starting from 13.12.2021 to 12.12.2026.

(ii) That a case bearing O.A. No. 818/2022, Sandal Parveen vs. Union of India & Others, was filed before this Hon'ble Tribunal, against the aforementioned mining lease. That in the said case, this Hon'ble Tribunal vide order dt. 20.02.2023 directed as follows:

"14. In these circumstances, we issue notice to both Project Proponents, namely, M/s Sudhakar Pandey and Associates and M/s New India Minerals. A copy of the report shall be supplied to them, permitting them to file their response and objections, if any, within 10 days.

15. Shri Vishwajeet Singh, Advocate, assisted by Sharad Chouhan, Advocate, appeared and stated that they received instructions for both Project Proponents only O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

yesterday. They may be provided a copy of the proceedings to enable them to file their replies. If they file their Vakalatnama in the Registry by tomorrow, the Registry shall provide the documents, and service on both Project Proponents shall be deemed sufficient.

16. In view of the findings in the report indicating blatant and gross violations, and the deleterious effects on the environment, particularly affecting rivers, we find it appropriate that both Project Proponents shall not be allowed to continue mining activities. Hence, we restrain them from continuing mining activities until further orders."

A Copy of the order dt. 20.02.2023 has been annexed herewith as ANNEXURE A-3.

• It was found on-site that illegal mining and transportation of morrum was taking place using a suction machine outside the approved area, beyond the alignment line of Geo-coordinate Pillars B and K. The illegal activities were verified using hand- held GPS devices and measuring tape.

• From an irregularly shaped area of 275 square meters, morrum had been illegally excavated to an average depth of 1.00 meter and is transported which is a total of 275.00 cubic meters. Additionally, outside the alignment line connecting Pillars A and B, to the north, beyond the approved area, morrum was excavated and transported from an irregularly shaped area of 175 square meters at an average depth of 1.50 meters, totaling 262.50 cubic meters. Hence, the total volume of illegally excavated and transported morrum was (275+262.50) i.e. 537.50 cubic meters.

• Accordingly, a show-cause notice dt. 05.11.2022 was issued to Shri Chandra Shekhar Chaurasia. That due to the non-payment of the required amount in response to the notice, the Mining Department levied a penalty of Rs. 11,83,750/- vide letter dated 31.12.2022. That Respondent No. 6 has deposited the imposed

(iii) That in compliance of the aforementioned order, the District Magistrate vide letter dt. 21.02.2023, restricted the mining and transportation operations at the said area.

II. With respect to Mr. Chandra Shekhar Chaurasia ie.

Respondent No. 6

(1) That a five-year mining lease through e-tender cum e-auction system for morrum (sand-based minor mineral) for the area of Plot No. 8240 (Khand-1), measuring 16.194 hectares, situated at village Agorikhas, Tehsil Obra, District Sonbhadra was granted in favor of Shri Chandra Shekhar Chaurasia i.e. Respondent No. 6, for a period starting from 06.05.2022 to 05.05.2027.

(ii) That a site inspection of the lease area was conducted by the mining inspector on 05.11.2022 in the presence of the leaseholder's representative, Shri Ravikant Rai. That the inspection report dated 05.11.2022 states as under:

• That the leaseholder had constructed a transportation route for the minor minerals from the riverbed, approximately 300 meters to the north of Geo-coordinate Pillars A and B, whereas such a route should ordinarily be within the lease area itself. amount of O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

Rs. 11,83,750/- vide challan no. AKV230009602 dated 20.02.2023.

(iii) That this Hon'ble Tribunal vide order dt. 19.05.2023, directed as under: "(iii) A Joint Committee comprising representatives of Ministry of Environment and Forest of State of UP, UPPCB, SELAA UP and District Magistrate, Sonbhadra is constituted to re-visit all mining leases granted for mining activities in Son river bed for carrying out mining activities in District Sonbhadra which are degrading/damaging river stream itself and/or the protected animals like Ghadiyal, turtles/tortoise etc. and take appropriate decision/action in accordance with law within three months.

(iv) Till a decision pursuant to direction (iii) is taken, no further mining in Son river bed in District Sonbhadra shall be allowed. District Magistrate, Sonbhadra and UPPCB shall ensure compliance of this direction,"

(iv) That in compliance of the aforementioned order, the District Magistrate, Sonbhadra vide letter dt. 20.05.2023, prohibited mining and transportation under the mining lease until further orders.

(v) That it pertinent to mention that the Respondent No. 6 filed a Civil Appeal Diary No. 22080/2023 titled Chandra Shekhar Chaurasia vs. Union of India & Others before the Hon'ble Supreme Court, New Delhi, wherein the Hon'ble Supreme Court vide order dated 26.06.2023 passed as under:

"Permission to file appeal(s) is granted.

Issue notice to the respondents, returnable in six weeks. Until the next date of hearing on reopening of the Courts after summer vacation, 2023, the operation of the impugned order shall remain stayed so far as the directions contained in Para 262(ii), (iii), and

(iv) of the impugned order are concerned qua the petitioners."

In compliance with the said order dated 26.06.2023 passed by the Hon'ble Supreme Court, this office, via Order No. 650/Minerals/2023 dated 27.05.2023 (Annexure-3), granted permission for mining and transportation under the mining lease."

(vi) That in compliance with the aforementioned order dated 26.06.2023 passed by the Hon'ble Supreme Court, the District Magistrate, Sonbhadra, vide letter dt. 27.05.2023, granted permission for mining and transportation at the said site.

B. REPORT OF SUPERINTENDENT OF POLICE, SONBHADRA

8. That it is germane to mention that the Superintendent of Police, Sonbhadra, vide letter dt. 22.04.2025, provided his report to the Deponent.

A Copy of the report has been annexed herewith as ANNEXURE A-4.

9. That the said report states as under:

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

That the complaint regarding the illegal mining by unknown persons were obtained by D.C.R.B., Complaint Cell, Police Station-Obra, Chopan, and Police Station-Jugail.

(ii) That a report dt. 21.04.2025 was submitted by the Station House Officer, Police Station-Jugail. That vide the said report, it has been informed that complaints were received from the Respondent No. 6 and unknown persons on several dates.

(iii) That subsequently, the following actions were taken by the SHO, Police Station-Jugail:

• On 02.02.2024, a tractor bearing number UP 64AH-1367 with a trolley loaded with illegal sand was seized under Sections 3/181, 192, 196, 207 of the M.V. Act (G.D. No. 29, dated 02.02.2024, at 10:05 AM), and a report was sent to the Mining Department.

• On 05.02.2024, one tractor with trolley loaded with illegal sand (Chassis No. T054004146JL. Engine No. E-2611056) was seized under the same sections (G.D. No. 25, dated 05.02.2024, at 11:15 AM), and a report was sent separately to the Mining Department.

• On 06.04.2024, one unnumbered tractor-trolley loaded with illegal sand (Chassis No. MBNAACHAJAKMRM 08604, Engine No. RMM 2KBA0712) was seized (G.D. No. 21, dated 06.04.2024, at 08:30 AM) under the same sections, and a report was sent to the Mining Department.

• On 08.06.2024, two tractors with trolleys loaded with illegal sand (Chassis No. 920913122601, Engine No. E-749732 and Chassis No. MZOSG 716877 SM, Engine No. 3100DL8313709350F3) were seized under the same provisions (G.D. No. 11, dated 08.06.2024, at 07:20 AM), and reports were sent to the concerned departments.

• On 24.12.2024, a tipper loaded with illegally mined sand/morrum (Vehicle No. UP 64 AT 0883) along with the driver Katwaru Kol, son of Lalji Kol, resident of Agori Khas, Tola Bijaura, Police Station-Jugail, District Sonbhadra, was arrested and FIR No. 119/2024 was registered under Sections 303(2), 317(2), 3(5) of the BNS, and Rules 3(1), 58, 72(6) of the Uttar Pradesh Minor Mineral (Concession) Rules, 2021, and Sections 4 & 21 of the Mines and Minerals (Development & Regulation) Act, 1957, and Section 3 of the Prevention of Damage to Public Property Act, 1984, against Laxman Yadav, resident of Agori Khas, Tola Bijaura, Police Station-Jugail, District Sonbhadra. During investigation, three more. accused-3. Ramsurat alias Lallu Yadav, 4. Manoj Yadav (sons of Laxman Yadav), and 5. Rampratap Yadav (son of Shvimuni Yadav), all residents of Village Agori Khas, Tola Bijaura, Police Station-Jugail, District Sonbhadra-were identified. After investigation, finding the allegations to be proven, a Charge Sheet No. A-28/2025 dated 17.04.2025 was filed against the accused persons.

(iv) That strict orders and directions were issued by the Superintendent of Police, Sonbhadra, on 16.09.2024 and 04.12.2024 to all Additional Superintendents of Police/all Circle Officers / Station House Officers/In-charges of Police Stations/In-charge of Traffic and Dial-112 in the district, O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

instructing that no illegal mining should take place in forest areas/riverbeds/streams and to maintain strict vigilance and special monitoring over the same. Additionally, every Wednesday, monitoring instructions are given by me via Google Meet regarding the above issue. That upon the complaints made by Respondent No. 6 to the police, Police Station-Jugail took action as detailed above, and FIRs were registered against some individuals. followed by further action.

C. REPORT OF THE DIVISIONAL FOREST OFFICER, KAIMUR WILDLIFE DIVISION, MIRZAPUR • Report regarding Kargara River Forest Area:

a. That in compliance of the orders of the Hon'ble Supreme Court in the Civil Appeal No. 4005/2023 Chandrashekhar Chaurasia vs Union of India & Others and connected matters, a site inspection was conducted by the Wildlife Warden, Range Forest Officer, and other regional forest officers on 29.02.2024.

A Copy of the inspection report has been annexed herewith as ANNEXURE A-5.

b. During the inspection, no evidence of illegal mining using poclain or other machinery was found. Additionally, there was no evidence of mining being carried out beyond the allotted lease area of 16.194 hectares.

c. Similarly, a mining lease has been granted in favor of M/s Veera Construction in Bhagwa, Tehsil Obra, District Sonbhadra. Here too, no evidence of mining with poclain or other heavy machinery was found during the inspection. There was also no evidence of mining beyond the allotted area of 14.980 hectares.

d. That in compliance of the order dt. 30.09.2024 passed by this Hon'ble Tribunal in the present matter, a Joint inspection team comprising of the Forest Department, Revenue Department, and Mining Department conducted demarcation of the questioned mining site on 04.12.2024 i.e. Khand-1 (area 16.194 hectares) and Khand-3 (area 16.194 hectares) within the Kargara River Forest Area. No mining activity was found within the river forest boundary or within a distance of 100 meters from it. Furthermore, mining work in Khand-3 was found to be stopped.

Copy of the inspection report dt. 04.12.2024 has been annexed herewith as ANNEXURE A-6.

e. That it is pertinent to mention that that on 06.03.2025 at around 4:00 PM, during regular patrolling by regional forest officers, illegal sand mining was found to have been carried out by Respondent No. 6 within the river forest area. As a result, departmental action was initiated, and an H-2 case was registered against Respondent No. 6 and a notice dt. 18.04.2025 has been issued to the Respondent No. 6 by the investigating officer That the investigation with respect to the aforementioned case is currently underway.

A Copy of the H-2 Case and the notice dt. 18.04.2025 has been annexed herewith as ANNEXURE A-7.

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

f. That furthermore, the recent inspection of the abovementioned sites in question was conducted by the Wildlife Warden Churk, Range Forest Officer Gurma, and Section In-charge on 12.04.2025. That no mining activity was found within the river forest boundary or within 100 meters from it. That mining in Khand-3 was still found to be closed.

A Copy of the report dt. 12.04.2025 has been annexed herewith as ANNEXURE A-8.

• Report Regarding the Shilpi River Area:

(1) That it is most respectfully submitted that the Shilpi River area falls under the jurisdiction of the Kaimur Wildlife Division. That no lease has been granted for sand mining in this area. That regular patrolling is conducted to control illegal sand extraction in the said area. That upon receiving complaints of illegal sand mining/lifting through various sources, investigations are conducted and legal action is taken as per the rules.

Copies of GPS-tagged photographs of night patrols are annexed herewith as ANNEXURE A-9.

(ii) That occasionally, local villagers extract sand from the said restricted area to meet their personal needs, upon which legal action is taken by the Forest Department according to the rules. That various range cases against the violators have been filed, and some of the said cases were settled upon deposition of the penalties levied and some cases are currently under investigation, and charge sheets have been submitted before the lower courts in certain cases.

Copies of the E-3 receipts have been annexed herewith as ANNEXURE A-10.

10. That the deponent is committed to ensuring environmental compliance and is actively coordinating with all concerned departments to address the issues raised in this Hon'ble Tribunal"

11. Respondent no. 3-UPPCB filed response dated 07.02.2025 (Pages no.

313 to 461 of the paper book) and respondent no. 4-District Magistrate, Sonhbhadra filed response dated 05.02.2025 (Pages no. 462 to 554 of the paper book). In their responses UPPCB and the District Magistrate referred to the report dated 23.01.2025 of the Joint Committee comprising SDM, Obra, Mining Officer and UPPCB constituted by District Magistrate, Sonhbhadra vide order dated 21.01.2025. In its reply UPPCB referred to reply dated 27.01.2025 and six monthly compliance report for the period July 2024 to December 2024 filed by Mr. Chander Shekar Chaurasia and O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

in his response the District Magistrate, Sonhbhadra has also referred to above mentioned six monthly compliance report.

12. Respondents no. 5 and 6 filed replies dated 09.02.2025 (Pages no.

201 to 217 of the paper book and Pages no. 218 to 312 of the paper book respectively). In their respective replies respondents no. 5 and 6 have pleaded that the letter petition sent by the applicants is based on motivated facts and surmises in order to protect the illegal sand mining at the behest of the locals and the applicants have not approached this Tribunal with clean hands. Respondents no. 5 and 6 have also referred to pendency of their Civil Appeal No. 4046/2023 and Civil Appeal No. 4005/2023 against order dated 19.05.2023 passed by this Tribunal in O.A. No. 818/2022 and filing of O.A. No. 08/2024 before this Tribunal which was disposed of by this Tribunal vide order dated 25.07.2024.

13. In its reply respondent no. 5 has controverted the averments made in the original application and the relevant part of the reply reads as under:-

"REPLY ON BEHALF OF THE RESPONDENT NO. 5

       X               X           X                                 X
       Reply to OA on merits

10. It is humbly submitted that the Joint Committee Report does not contain any allegation against the Answering Respondent as such this OA is liable to be rejected on the basis of the same. Further, the Joint Committee Report categorically records that the illegal mining is done outside the mining lease area of the leaseholders by the local resident/sand mafia on the government land (Clause 7(iv)).

11. The present issue is already subjudice before the Hon'ble Supreme Court in C.A. 4046/2023. Further, the committee constituted by the Hon'ble Supreme Court of India has also found that the illegal mining is done outside the mining lease area of the leaseholders by the local resident/sand mafia on the government land.

Copy of the report submitted by the committee constituted by the Hon'ble Supreme Court in C.A. 4046/2023 is annexed herewith and marked as Annexure R5/1.

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

12. It is also pertinent to note that the Petitioner has done the required plantation drive as required under the law during the period of mining in the year 2022. The Petitioner is not mining since 19.5.2023."

14. In its reply respondent no. 6 has controverted the averments made in the original application and the relevant part of the reply reads as under:-

"REPLY ON BEHALF OF THE RESPONDENT NO. 6

X X X X

1. Mining department should ensure that mining should not be carried out bevond the lease area and in river stream.

1.1 The answering respondent contends herein that similar allegation was already raised in OA 8 of 2024. The answering respondent denies the allegation that the PP has undertook mining outside the lease area and on the River Stream. The local mafia and the residents are the people who trespass and illegally mine it from the river bed. The answering respondent has filed various complaints with the police complaining about the menace and threat of illegal mining around and those are annexed hereunder.

1.2 It is pertinent to mention here that the Joint committee constituted to inspect the mining area submitted a report dated 16.04.2024, wherein it was observed that "the mining outside the lease area of M/s Shri Chander Shekhar Chaurasia was being carried out by the local land owners who frequently came in trippers/tractors/trolleys and carried out the excavations." The copy of the report of the joint committee dated 16.04.2024 is annexed and marked here as Annexure R6-3 Thus it is not the PP has not undertook any mining activity outside the area of the mining lease or in the River stream. It is humbly prayed by the answering respondent that the Hon'ble tribunal may direct the State to ensure adequate protection and make sure that the local mafia and the residents are not involved in illegal sand mining.

The copy of the complaints so made is annexed and marked here as Annexure R6-4.

2. The PP has not carried out adequate plantation in compliance with CTO & EC conditions.

2.1 That the answering respondents deny the allegation that adequate plantations have not been carried out. The Respondent no. 6 is continuously working to achieve the envisaged limit of green belt under the Environmental Clearance norms. The respondent has planted a significant number of saplings including the local varieties of flora including trees like Neem and others. Around 1700 trees after consultation with the authorities have been planted by the Respondent in the past. In addition, the answering respondent has sought permission from the forest authorities and advise to make fresh plantations O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

in the identified area. Respondent is consulting the local DFO regarding the varieties of plants that can be planted to achieve the prescribed green belt area according to the climate of the said area.

The copy of the pictures of the plantations so made along with the relevant letters for consideration so made is annexed and marked here as Annexure R6-5.

3. The PP has not carried out the hydro-geological study. The PP has not conducted third-party monitoring of various parameters including ambient air quality etc. 3.1 The answering respondent has undertook an hydro- geological study as mandated by the CTO EC conditions. The copy of the same has already been submitted to the UPPCB. The study The E.C. condition has a requirement of conducting Hydrogeological study of the area. In case adverse effect on ground water quality and quantity proper action shall be taken for its mitigation. The report has been prepared as per the mandate of the MINISTRY OF JAL SHAKTI (Department Of Water Resources, River Development And Ganga Rejuvenation) (CENTRAL GROUND WATER AUTHORITY) NOTIFICATION New Delhi, the 24th September, 2020.

3.2 The hydro geological status of the lease area can be seen from the report of the State Ground Water Board, Uttar Pradesh has Notified Areas/Blocks which were over-exploited, Critical or semi-critical in stressed cities on June-2020 (further amended on June-2022), as per which district Sonbhadra has not been identified under Notified Area. As per the UP Ground Water Board Report-2023. Duddhi has been assessed as Semi-Critical Assessment unit which as far away from the lease area. 3.3 The answering respondent has further undertook the study of the assessing the air quality and the same can be verified from the report on the Hydro-Geological study so made by the answering respondents.

3.4 Thus the study which was undertaken was submitted to the authorities recently.

The copy of the hydro geological study along with the air quality report in compliance with the EC and CTO conditions is annexed and marked here as Annexure R6-6.

4. The PP has yet not constructed two toilets and one hand pump in the mine office.

4.1 The answering respondent denies such a allegation so made on the answering respondent. The handpump and two toilets are operational for a long time in the lease area. 4.2 The answering respondent annexes herein the pictures of the operational toilets and the handpump.

A copy of the pictures of two toilets and one hand pump in the mine office are annexed and marked here as Annexure R6-7.

5. No dust control measures such as water sprinkling, plantation on both sides of the road used for the transportation of Morrum, etc have been carried out.

5.1 The allegation so made is vexatious and without any merit. The answering respondent has undertook dust control measures such as water sprinkling, plantation on both sides of the road used for the transportation of Morrum to prevent the dust flowing into the nearby areas. Water is sprinkled every 6 hours by using a tractor and tanker to sprinkle water in the approach road in the O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

lease area and every area in which such measures have to be undertaken.

5.2 The same can be verified by this Hon'ble Tribunal through the video so annexed by the answering respondent. A copy of the picture of the dust control water sprinkling vehicle plying on the mining area along with the plantation on both sides of the road used for the transportation of Morrum are annexed and marked here as Annexure R6-8.

6. Proper demarcation of pillars by Mining department and lease holder should be done as per guideline.

6.1 Answering respondent has undertook proper demarcation of pillars as per the existing guideline and the same was even part of the earlier order dated 25.07.2024.

6.2 The answering respondent further states that the proper demarcation has been done by the respondent herein and the respondent states that the geo-coordinates of pillars are as follows in tabulated form-

       S. No.       Pillar's            Latitude            Longitude

       a)                               24°33'47.01"N 82°   82°57'16.43"E


                    A

       b)           B                   24°33'48.60"N 82°   82°57'25.22"E

       c)           C                   24°33'32.73"N       82°57'31.50"E

       d)           D                   24°33'29.53"N       82°57'20.42"E

       e)           E                   24°33'31.23"N       82°57'19.13"E

A copy of the pictures of pillars and the proper demarcation so done is annexed and marked here as Annexure R6-9.

7. NOC from the State Ground Water Authority is required if project proponents meet their water requirement through bore- well.

7.1 The answering respondents state that the NOC from the state ground water authority was valid from 9.5.2022 and the same is renewed from time to time. The NOC so obtained is annexed herein so that the Hon'ble Tribunal can verify the same. A copy of the NOC from the state ground water authority is annexed and marked here as Annexure R6-10.

8. That, in view of the above, the Respondent herein humbly state that the Prayers sought by the Applicant are wholly devoid of merit and are based on conjectures and surmises, therefore, this Hon'ble Tribunal may be pleased to dismiss the OA with cost."

15. This Tribunal, vide its order dated 18.03.2025, directed UPPCB to verify the compliance status of respondent no.6 with respect to compliance O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

with EC/CTO conditions and observations/recommendations made by the Joint Committee and also to file Status verification report.

16. In compliance thereof response dated 25.04.2025 (Pages no. 669 to 990 of the paper book) has been filed by UPPCB. The relevant part of the response reads as under:

"RESPONSE/REPLY ON BEHALF OF THE RESPONDENT NO.-

3. UTTAR PRADESH POLLUTION CONTROL BOARD, IN COMPLIANCE TO THE ORDER DATED 18.03.2025 PASSED BY THE HON'BLE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI X X X X

5. That in Compliance to the directions issued by this Hon'ble Tribunal and to verify the compliance status of respondent No.6 with respect to compliance with EC/CTO conditions and observations/recommendations made by the Joint Committee, the officials of UPPCB have conducted the field visit of the above concerned sand /morrum mining leases i.e., M/s. Chander Shekhar Chaurasia, Arazi No. 824 Kha, Khand No. 1, Agori Khas, Obra, Sonbhadra & M/s New India minerals, Arazi No. 824 Kha (Khand no.3), Agori Khas, Obra, Sonbhadra on 04.04.2025.

A Copy of inspection report dated 04.04.2025 along with photographs of the site visit of both mining leases is annexed herewith and marked as AnnexureR3/1.

6. The observations vis-à-vis M/s Chander Shekhar Chaurasia, Arazi No. 824 Kha, Khand No.1, Agori Khas, Obra, Sonbhadra are as under-

(1) Consent to Operate (CTO) has been granted by UPPCB for production of Sand/Morrum@259104 Cubic Meters/Year vide Ref. No. 196159/UPPCB/SONBHADRA Sonebhadra (UPPCBRO)/CTO/both//2023 dated 29.12.2023, valid till 31.12.2026.

A copy of CTO dated 29.12.2023 is being annexed as AnnexureR3/2.

(ii) The lease area of the above mining lease is 16.194 Hectare.

(iii) During filed visit above mining lease was found operational.

(iv) During the site visit, the water sprinkling was carried out by Project Proponent of above mining lease on the mines transportation road with the help of 1 Tanker to control dust emission generated due to vehicular movement. The Project Proponent has informed that for water sprinkling, the river water is used.

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

(v) As a green belt, during site visit on both sides on mine transportation road, plantation of varies species such as Jamun, Katahal, Imli, Neem, Pipal, Mango etc. was found. Representative of mining lease informed that plantation in mining area is not possible, so plantation of plants has been done, approx. 300 meter above near mine transportation road.

The Photographs of plantations are annexed herewith and marked as AnnexureR3/3.

The representative of above mining lease present during site visit informed that for the Plantation of 17,000 plants, a letter has been send to Divisional Forest Officer, Obra Forest Division, Obra, Sonbhadra by Project Proponent vide letter dated 27.02.2025.

A true copy of the letter dated 27.01.2025 is annexed. herewith and marked as AnnexureR3/4.

(vi) During the visit, all pillars with locations names as Pillar A, B, C, D & E were found established around lease area.

(vii) For disposal of Domestic effluents generated, 2 of toilets (Septic/Soak pit) was found established in mine lease area.

(viii) During visit 1 PTZ Camera and 10 other cameras were found installed in mining lease area.

(ix) During site visit, 1 Weighing Bridge was found established.

(x) During site visit, 1 handpump and 1 No. Bore-well was found installed of capacity-1.5 HP.

(xi) For extraction of ground water through bore-well of capacity 1.5 HP, Registration certificate dated 08.07.2022 has been provided by representative of above lease holder, which is issued from Ground Water Department.

A copy of Ground Water Registration certificate dated 08.07.2022 is annexed herewith and marked as AnnexureR3/5.

(xii) The Project Proponent of mining lease has submitted 3 Hydro-Geological Study Report of mining lease area along with Ambient Air Quality monitoring report.

A copy of Hydro-Geological Study Report and Ambient Air Quality monitoring report is annexed herewith and marked asAnnexureR3/6.

(xiii) The Project Proponent of above mining lease has submitted the Compliance Status of Consent to Operate CTO (Air & Water) issued by UPPCB & Environmental Clearance issued by SEIAA. A Copy of Compliance Status of CTO & EC submitted by Mining lease is annexed herewith and marked asAnnexureR3/7. As per facts found during the site visit of above mining lease, the Point wise compliance status of CTO conditions issued to above mining lease by UPPCB is annexed herewith and marked asAnnexureR3/8.

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

7. This Hon'ble Tribunal has vide its order dated 18.03.2025, observed as following:-

"....9. In the course of hearing, we have noted that in its report, the Joint Committee had referred to satellite image reproduced on page 11 of its report and mentioned in para 9 that as per satellite image dated 23.04.2024 mining activity as observed near the lease area in the river stream."

In compliance to the above, letter has been issued by UPPCB to the Mining Department, Sonbhadra vide letter ref. no. G0400/0.A. no. 1040/2025 dated 05.04.2025. A copy of letter dated 05.04.2025 is annexed herewith and marked asAnnexureR3/9.

8. The observations vis-à-vis M/s New India Minerals Arazi No. 824 Kha (Khand No.3) Village Agori Khas, Obra, Sonbhadra are as under-

(i) During field visit above mining lease was found non- operational/closed and at mining lease area no labour/machinery was found.

(ii) As per information provided by Mining Department, Sonbhadra vide letter dated 21.02.2023, mining activity of above lease is closed since February, 2023, in compliance to the order dated 20.02.2023 passed by this Hon'ble Tribunal in the matter of O.A. No. 818/2022, Sandal Praveen Vs. State of U.P. & Ors. A Copy of letter dated 21.02.2023 is annexed herewith and marked asAnnexureR3/10.

(iii) During field visit no labour/machinery was found at mining lease area.

(iv) Consent to Operate (CTO) has been granted to M/s New India Minerals Arazi No. 824 Kha (Khand No.3), Village-Agori Khas, Tehsil-Obra, District-Sonbhadra for Sand/Morrum mining @ 259104 Cubic meter/Year by UPPCB vide Ref. No. 170202/UPPCB /Sonebhadra (UPPCBRO) / CTO/both / SONBHADR /2022 dated 13.01.2023, valid till 31.12.2024. A true copy of letter dated 21.02.2023 is annexed herewith and marked asAnnexureR3/11.

(v) During visit at near mining lease transportation road approx. 100 plants were found planted.

(vi) During inspection weighbridge established was found non- operational and office was found closed.

(vii) Representative of mining lease present during site visit informed that, 1 toilet (Soak Pit/Septic tank) is installed for office staffs, for disposal of domestic effluent, if generated.

(viii) During visit all 8 pillars with Locations names as Pillar A, B, C, D, E, F, G & H around lease area established.

(ix) Representative of mining lease holder informed that 01 hand pump and 1 Borewell is installed for full filing of water requirement for staffs of lease, if required.

(x) For extraction of ground water through bore-well of capacity 1.5 HP, No-Objection Certificate of dated 26.12.2021 has been provided by representative of above lease holder, which is issued from Ground Water Department.

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

A true copy of Ground Water NOC dated 26.12.2021 is annexed herewith and marked asAnnexureR3/12.

(xi) Project Proponent of mining lease has submitted Hydro- Geological Study Report of above mining lease along with Ambient Air Quality monitoring report are attached. A true copy of Hydro-Geological Study Report and Ambient Air Quality monitoring report is annexed herewith and marked asAnnexureR3/13.

The Project Proponent of mining lease has submitted Compliance Status of Consent to Operate CTO (Air & Water) issued by UPPCB & Environmental Clearance issued by SEIAA. A Copy of Compliance Status of CTO & EC submitted by PP of above mining lease is annexed herewith and marked asAnnexureR3/14.

(xii) Show cause notice has been issued to M/s New India Minerals Village-Aghori Khas, Tehsil-Obra, District-Sonbhadra, regarding imposition of Environmental Compensation for excess mining vide ref. no. H90007/C-2/NGT-62/23 dated 28.02.2023. A copy of letter dated 28.02.2023 is annexed herewith and marked asAnnexureR3/15.

(xiii) Further, as per records available in this office, in compliance of Hon'ble NGT order dated 19.05.2023, in the matter of O.A. Νο. 818/2022 (I.A. No. 74/2023) Suo motu Action in illegal mining for extraction of Morrum at Arazi No. 824 Kha (Khand 3 & 4) in Area 16.194 and 12.368 Hectares, respectively at Vilage-Agori Khas, Tehsil-Obra, District-Sonbhadra Versus Union of India & ors., letter has been issued to Shri Surendra Tiwari, Prop. M/s New India Minerals, R/o Govindpur Ganeshpur, Akabarpur, District-Ambedkar Nagar via ref. no. H96328/C-2/NGT-312/23 dated 26.06.2023. A copy of letter dated 26.06.2023 is annexed herewith and marked asAnnexureR3/16.

9. In compliance of order dated 05.07.2023 passed by Hon'ble Supreme Court, New Delhi, in the matter of Civil Appeal No. 4046/2023, letter has been issued by UPPCB to M/s New India minerals, Village-Aghori Khas, Tehsil-Obra, District-Sonbhadra vide ref. no. G000643/Civil Appeal no.-4046/2023 dated 16.08.2023.

A copy of letter dated 16.08.2023is annexed herewith and marked as Annexure R3/17."

17. The applicants did not appear in the course of hearing of the case and the applicants have not filed objections to the report of the Joint Committee and responses to the responses filed by the respondents.

18. We have heard arguments addressed by Mr. Bhanwar Pal Singh Jadon, Mr. Harsh Wardhan Singh Rajawat, Ms. Gargi Chaturvedi and Ms. Anjali Sharma, learned Counsels for respondent no. 1, Mr. Ankit Verma, O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

learned Counsel for respondents no. 2 and 4, Mr. Bhupendra Pratap Singh, Mr. Nakul Nirwan and Mr. Ashish Singh, learned Counsels for respondent no. 3, Mr. Mayank Pandey, Mr. Subramaniam, Mr. Ashish Kumar Pandey and Mr. Arun Manjhi, learned Counsels for respondents no. 5 and 6 and Mr. Raj Kumar, learned Counsel for CPCB.

19. In their respective arguments, Learned Counsels for the respondents have reiterated their respective factual and legal submissions made in their replies/responses/reports.

20. Before dealing with the grievances of the applicants and also reports/responses filed by the respondents the relevant facts regarding cases filed before this Tribunal earlier in respect of the mining lease sites/mining lessees and orders passed on the same by this Tribunal and also Civil Appeals filed before Hon'ble Supreme Court against the orders passed by this Tribunal and orders passed on the same by Hon'ble Supreme Court may be noticed.

21. Ms. Sandal Parveen filed O.A. No. 818/2022 complaining about mining activities of M/s. Sudhakar Pandey and M/s. New India Minerals at Araji no. 824 kha (khand 4), area 12.368 hectares and Araji no. 824 kha (khand no. 3), area 16.194 hectares, respectively, at village Agori Khas, Tehsil Obra, District Sonbhadra, Uttar Pradesh.

22. Vide order dated 16.11.2022, the Tribunal constituted a Joint Committee comprising of the MoEF&CC, Member Secretary, UPPCB and the District Magistrate, Sonbhadra. The Joint Committee submitted its report with its observations and recommendations as under:-

"1. M/s Sudhakar Pandey and Associates R/o of Civil Line Road, Robertsganj, Sonbhadra for Morrum Mining at Arazi O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

824 Kha (Khand -04), Village- Aghori Khas, Teh.- Obra, District-Sonbhadra.

a) The details of the above project & permissions obtained are as follows:

• Sanctioned lease area 12.368 ha, in bench of River Sone • Lease holder obtained Environmental clearance vide letter no. EC21B001UP144167-File No.-6748/6321 dated 22.12.2021 for sand/morrum mining in the lease area of 12.368 ha.

• Lease holder obtained consent to operate vide letter no.148535/UPPCB/Sonebhadra(UPPCBRO)/CTO/w ater/Sonbhadra/2022 dated 25.01.2022, which is valid from 24.01.2022 to 31.12.2024 and 148529/UPPCB/Sonebhadra(UPPCBRO)/CTO/air/S onbhadra/2022 dated 25.01.2022, which is valid from 24.01.2022 to 31.12.2024 for 197,888 cubic meter/year mining of sand/morrum.

b) Major observation:

• As per the specific condition of EC no. 1, it is clearly stated that "In absence of the replenishment study keeping in mind of various orders issued by Hon'ble NGT and the developmental work in the state, EC is granted for period of one year" i.e., up to 21.12.2022. • SEIAA-UP vide MoM of 685th meeting held on dated 31.12.2022 extended the validity of EC for further one year. (MoM attached as Annexure B).

• Committee has been observed that the lease holder doing significant mining outside of the lease area (towards main stream of river), committee unable to visit the outside of the lease area (towards main stream of river), where mining is being conducted by lease holder, due to creation of heavy trench, committee could not visit the illegal patch of the land, which seems be created by lease holder before visit of the committee.

• Significant mining outside of the lease area is also evident from the Google satellite image dated March, 2022. (Google satellite image attached as Annexure C).

• Satellite image also depicted that the area of mining outside of the lease is about 5.44 ha. • As mentioned above, illegal mining is being done by the lease holder in the main stream of the river (outside of the lease area), may certainly O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

be change the course of river flow & its velocity and its quality, which is contradictory to EC General Condition no. 13.

• It has also been observed that the lease holder setup weigh bridge, borewell, office outside of the lease area, etc. • Boundary pillars is not properly erected on each corner of the lease.

• No plantation has been done so far.

• Sufficient evidences has been observed by committee, which shows that the lease holder are using various machine for river bed mining in lease and outside of the lease area.

• Lease holder has not made motorable approach road with both side plantation.

• It has also been observed that the mining activity is also going on the main stream of river Sone, i.e., outside of the lease area.

• Google satellite images taken on various time intervals clearly reflected that the illegal mining status beyond the lease area before start of mining and in between the mining.

• One borewell is found in running condition without statuary approvals.

• Depth of the pit seems more as specify in the EC. • The weighing bridges have been installed by these mines and the data is transmitted into the server.

2. M/s New India Minerals Village- Aghori Khas, Teh.- Obra, District-Sonbhadra.

a) The details of the above project & permission obtained are as follows:

• Sanctioned lease area 16.194 ha, in bench of River Sone.

• Lease holder obtained Environmental clearance vide letter no. EC21B001UP196497-File No. 6257 dated 01.12.2021 for sand/morrum mining in the lease area of 12.368 ha.

• Lease holder obtained consent to operate vide letter no.143269/UPPCB/Sonebhadra(UPPCBRO)/CTO/ai r/Sonbhadra/2021 dated 08.12.2021, which is valid from 08.12.2021 to 31.12.2022. And 143270/UPPCB/ Sonebhadra (UPPCBRO)/ CTO /water/Sonbhadra/2021 dated 08.12.2021, which is valid from 08.12.2021 to 31.12.2022 for 259104 cubic meter/year mining of sand/morrum.

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

• Latest consent to operate (CTO) vide letter 170202/UPPCB/Sonebhadra(UPPCBRO)/CTO/both /Sonbhadra/2022 dated 13.01.2023, which is valid from 01.01.2023 to 31.12.2024 for mining of sand and morrum with 259104 cubic meter/year.

b) Major observation:

• As per the specific condition of EC no. 1, it is clearly stated that "In absence of the replenishment study keeping in mind of various orders issued by Hon'ble NGT and the developmental work in the state, EC is granted for period of one year".

• SEIAA-UP vide MoM of 685th meeting held on dated 31.12.2022 extended the validity of EC for further one year. (MoM attached as Annexure B) • Committee has been observed that the lease holder doing significant mining outside of the lease area (towards main stream of river), committee unable to visit the outside of the lease area (towards main stream of river), where mining is being conducted by lease holder, due to creation of heavy trench committee could not went in that patch of land, which seems be created by lease holder before visit of the committee.

• Significant mining outside of the lease area is also evident from the Google satellite image taken of dated. (Google satellite image attached as Annexure D) • Significant mining outside of the lease area is also evident from the Google satellite image dated March, 2022.

• Satellite image also depicted that the area of mining outside of the lease is about 4.72 ha towards main stream.

• As mentioned above, illegal mining is being done by the lease holder in the main stream of the river (outside of the lease area), may certainly be change the course of river flow & its velocity and its quality, which is contradictory to EC General Condition no. 13.

• Lease holder has also not made motorable approach road with both side planation in area. • It has also been observed that the lease holder setup weight bridge, borewell, DG sets, office outside of the lease area, etc and it seems that the above facilities has been setup on the government land, O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

• Borewell is found in running condition without statuary approvals.

• The weighing bridges have been installed by these mines and the data is transmitted into the server.

• It has been found that the compliance of Environmental clearance condition and CTO condition are pathetic.

• None of the statuary permission (EC, CTO, production, compliance report, lease document, mining plane etc) available with the representative of lease holder.

3. Other observation:

• At the time of inspection, it was found that the Kachha path constructed by the mines lease holders for transportation of the sand from the lease area has been disturbed by keeping overburdens on the road in a such a way that the Committee may not reach to the illegal mining lease site outside the co-ordinates of the lease area. However, the committee member tried to see the factual situation and accordingly it was visible that 03 mines pit are operational outside the lease boundary. The illegal mining area could not be measured; however, it is visible on the Google earth and Google satellite image is attached as Annexure C, D & E. • As per Google earth images, there are three illegal pits visible near the mine of M/s Sudhakar Pandey and Associates, the area of these illegal pits is 5.44 ha. Similarly, three illegal pits of

4.72 Ha area have existed near the mine area of M/s New India Minerals.

• The illegal mining pits are located towards the center of the river course which can severely affect the river economy.

• Temporary bridge structure is also visible across the river course which can interrupt the flow of the river.

• It has been found that the compliance of Environmental clearance condition and CTO condition are pathetic in both the mining lease.

4. Environmental compensation (EC) imposed due to mining in outside of the lease and over production • Committee vide letter no. G000081/OA No.818/2023 dated 28.01.2023 requested to Senior mining officer, O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

Sonbhadra to provide various information including production details, any illegal mining reported to M/s New India mineral and M/s Sudhakar Pandey & associate of above mentioned lease. No reply has been received so far.

• As mentioned above both the lease holder doing significant mining in outside of their lease area (illegal mining), as the data of production is not available with committee, therefore, committee is in opinion to impose Environmental compensation (EC) based on the area covered under illegal mining as mentioned above.

• As per Google earth images, there are three illegal pits visible near the mine of M/s Sudhakar Pandey and Associates, the area of these illegal pits is 5.44 ha and three illegal pits of 4.72 Ha area have existed near the mine area of M/s New India Minerals. The depth of the pits couldn't be verified because the way of the pits were not approachable. As per environmental clearance of SEIAA-UP granted to this project, the maximum depth of the pits shouldn't be more than 3 Meters. Hence, taking the average depth of 1.5 meter, the volume of extracted illegal sand can be calculated. Hence the volume of the sand shall be equal to area * depth.

• The depth of the illegal mining pits mentioned above is not measurable. And hence, the excavated quantity could not be estimated accurately. The EC calculated above is approximation. The accuracy can be verified by measuring the depth employing drone mapping or Google satellite mapping.

• As per CPCB guidelines, the environmental compensation has been calculated as follows :

Environmental Compensation charge (In Rs.) = D × (1+RF+DF) Where, D = Z x Market Value of the material per MT or m3 DF= 0.3, if Z/X=0.11 to 0.40 0.6, if Z/X=0.41 to 0.70 1, if Z/X>=0.71 RF=0.25, 0.50, 0.75, 1.00 as per risk level mentioned below:

Risk Level 1 2 3 4 Risk Factor 0.25 0.50 0.75 1

• The details of Environmental Compensation/Charge are tabulated below:

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

        S.            Lease holder             Environmental
        N.                                  Compensation/charge
                                                    (in Rs.)
        1        M/s         Sudhakar         Rs.8,16,00,000.00
                 Pandey            and        (Rupees Eight Crores
                 Associates     Aghori         Sixteen lakhs Only)
                 Khas, Teh.- Obra,
                 District-Sonbhadra
                 (Lease area 12.36
                 ha)
        2        M/s      New     India       Rs.7,08,00,000.00
                 Minerals      Village-      (Rupees Seven Crores
                 Aghori Khas, Teh.-            Eight lakhs Only)
                 Obra,         District-
                 Sonbhadra      (Lease
                 area 16.194 ha)


       5. Recommendations:
             • The        amount    collected     under   Environmental

compensation by lease holder can be utilize for betterment of the local area including construction of motorable road with both side tree planation, dragging of main course of River Sone and protection of Agroi kahs kila.

• State mining department can be strengthened by drone survey/mapping tools, for controlling of illegal mining in the main stream of the river Sone etc in near future, • State mining department can be strengthened by drone survey/mapping tools, for controlling of illegal mining in the main stream of the river Sone etc in near future, • Production capacity of each mine in area in question can re-assess based on the replenishment study conducted by Mining Department.

• It has come to noticed that the established weight bridge, DG sets, borewell, hutment cum office, of both the lease holder arc either in government land or other land, which need to be verified by local administration and initiate further legal action, if found false.

• For betterment of the compliance status in mining lease area regular monitoring can be ensure by local mining department, Regional Office of UPPCB etc." O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

23. In the course of the hearing, replies/responses were filed by the respondents.

24. O.A. No. 818/2022 was disposed of vide order dated 19.05.2023. The relevant part of the order reads as under:-

"262. In view of the above discussion, this OA is allowed with the directions contained in judgment above which are summarized as under:

(i) Respondents 14 and 15 shall pay amount of environmental compensation of Rs. 8.16 Crores and Rs. 7.08 Crores respectively, to UPPCB by depositing 40% of the amount within one month i.e., by 19.06.2023 and remaining amount in two equal installments within two months i.e., by 19.08.2023 and 19.10.2023. In case of failure in payment as per the above schedule, the entire amount of compensation or the balance amount, as the case may be, shall be recovered in accordance with law besides taking further criminal action by initiating proceedings under Section 26 read with Section 30 of NGT Act, 2010.

(ii) Ministry of Environment and Forest of States of UP and Bihar and MoEF&CC shall consider the matter of declaration of part of River Son running in States of UP and Bihar as Wild Life Sanctuary and ESZ for protection of ghadiyals etc. in River Son and would take necessary, remedial and appropriate action within three months.

(iii) A Joint Committee comprising representatives of Ministry of Environment and Forest of State of UP, UPPCB, SEIAA UP and District Magistrate, Sonbhadra is constituted to re-visit all mining leases granted for mining activities in Son river bed for carrying out mining activities in District Sonbhadra which are degrading/damaging river stream itself and/or the protected animals like ghadiyal, turtles/tortoise etc. and take appropriate decision/action in accordance with law within three months.

(v) ECs, CTOs and NOCs granted to respondents 14 and 15 for carrying out mining activities in Son river bed shall be re-visited by SEIAA UP, UPPCB and other Competent Authorities in light of O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

the discussions made above and in the light of the fact that leased area is surrounded by Reserved Forest, ESZ and Sanctuaries and appropriate decisions would be taken as to whether in such circumstances, mining activities should be allowed to continue therein or not and till such a decision is taken, no further mining shall be allowed by respondents 14 and

15.

(vi) Copy of this judgment shall be forwarded to Directorate of Enforcement Headquarter for information and appropriate action under PMLA Act, 2002 against the violators/respondents 14 and 15 in accordance with law."

25. Respondent no.5 filed Civil Appeal No. 4046/2023 against order dated 19.05.2023 before the Hon'ble Supreme Court and respondent no.6 filed Civil Appeal No. 4005/2023 before the Hon'ble Supreme Court against order dated 19.05.2023. Hon'ble Supreme Court vide order dated 26.05.2023 passed in Civil Appeal No. 4005/2023 and order dated 05.07.2023 passed in Civil Appeal No. 4046/2023 stayed operation of order dated 19.05.2023 passed by this Tribunal.

26. The relevant part of order dated 26.05.2023 passed by Hon'ble Supreme Court in Civil Appeal No. 4005/2023 reads as under:-

""Permission to file appeal(s) is granted. Issue notice to the respondents, returnable in six weeks. Until the next date of hearing on reopening of the Courts after summer vacation, 2023, the operation of the impugned order shall remain stayed so far as the directions contained in Para 262(ii), (iii) and (iv) of the impugned order are concerned qua the petitioners.."

27. The relevant part of order dated 05.07.2023 passed by Hon'ble Supreme Court in Civil Appeal No. 4046/2023 reads as under:-

"Issue notice, and tag with Civil Appeal No. 4005/2023 titled "Chander Shekhar Chaurasia vs. Union of India & Ors.".

Notice will be served by all modes, including dasti. O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

Till the next date of hearing, there will be a stay of the operation of the impugned judgment, insofar as directions contained in sub-paragraphs (ii), (iii), (iv) and (vi) of paragraph 262 of the impugned judgment are concerned qua the appellant. There will also be a stay on the direction to deposit the penalty amount in terms of paragraph 262(i) of the impugned judgment, subject to the appellant depositing an amount of Rs.1.50 crores before the Uttar Pradesh Pollution Control Board. The deposit would be converted into an interest bearing Fixed Deposit Receipt (FDR) for a period of one year on auto-renewal clause. The deposit would abide by further orders of this Court.

Insofar as the direction for revisit approvals vide paragraph 262(v) of the impugned judgment is concerned, there would be a stay thereof. However, the authorities will ensure compliance of the conditions and file a status report in this Court before the next date of hearing, stating whether compliances are being made. Re-list on 21.08.2023."

28. The above-mentioned Civil Appeals are still pending before Hon'ble Supreme Court.

29. Mr. Dheeraj Singh had sent a letter petition dated 01.08.2023 to this Tribunal regarding mining and transportation in over loaded vehicles of Morrum by Mr. Chander Shekhar which was registered as O.A. No. 08/2024. This Tribunal took cognizance of the matter on 13.02.2024 and impleaded the respondents and constituted a Joint Committee. The Joint Committee submitted its report on 16.03.2024. The relevant part of the report of the Joint Committee is reproduced as under:-

"7. That the facts/Observations found during visit by the joint committee have been summarized as follows:-

I. M/s Shri Chander Shekhar Chaurasia are operating Sand/Morrum Mining sites at Arazi number-824 Kha (Khand

01), village- Aghori Khas, Tehsil-Obra, District-Sonbhadra on the right bank of River Son. The lease holder M/s Shri Chander Shekhar Chaurasia have obtained Environment Clearance (EC) from the SEIAA U.P. vide letter no. EC22B001UP123382 dated 28.04.2022 (Annexure-3). As per approved EC, The total lease area of the project is 16.194 ha in the bench of River Son. As per record, the EC was issued in the name of Shri Chander Shekhar Chaurasia, 9A, Paramaount Villa Ansals, Near Regional College Bhopal, MP-462042. Mining activity was not found on the day of site visit.

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

II. The committee did not find any mining activity at Arazi number-824 Ka, village-Aghori Khas, Tehsil-Obra, District Sonbhadra. As per record submitted by Revenue Department the Arazi number-824 Ka is not pertaining to lease holder M/s Chander Shekhar Chaurasia. It's pertaining to local land owner namely Shri Badku/Kishore as per document provided by Revenue Department (Annexure-4). III. The committee members observed that 04 out of 05 boundary pillars have been erected on each corner of the lease area. One pillar i.e. pillar- B was not found erected. The geo-coordinates of pillars are as follows in tabulated form-

         S.No.    Pillar's   Latitude                Longitude

            a)    A          24°33'47.01"N 82°       82°57'16.43"E

            b)    B          24°33'48.60"N 82°       82°57'25.22"E

            c)    C          24°33'32.73"N           82°57'31.50"E

            d)    D          24°33'29.53"N           82°57'20.42"E

            e)    E          24°33'31.23"N           82°57'19.13"E

IV. The Committee observed that mining activity carried out by lease holder was found inside the lease area. However, some ditches outside of the lease area towards west direction were found. In this connection, discussions was held with the local residents and visitors who informed that the mining outside the lease area of M/s Shri Chander Shekhar Chaurasia was being carried out by the local land owners who frequently came in trippers/tractors/trolleys and carried out the excavations.

V. The Committee observed that the some ditches were found within water in sanctioned leases area. So, depth of ditches could not verify.

VI. The committee observed that Form eMM-11 was being generated for Arazi number 824 ka (Khand-1), Village-Agori khas by lease holder M/S Chandra Shekhar Chaurasiya, while lease id is approved for arazi 824 kha (Khand-1), Village-Agori khas. In this connection, it was informed by PP that it's typographical error, which was mentioned on the portal. For resolving this error, the Mines Officer, Sonbhadra has requested to Directorate of Geology and Mining, UP vide letter no. 3037/Khanij/2024 dated 15.03.2024 (Annexure-5). O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

VII. In connection with vehicles loaded with morrum and showing their number on various dates i.e. 09.04.2023, 10.04.2023, 19.04.2023, 29.04.2023 and 04.05.2023 mentioned in application by applicant; project proponent submitted form eMM 11 generated on that dates (Annexure-6). After reviewing, the committee did not find any form eMM-11 pertaining to the vehicles numbers which were mentioned in the application.

VIII. The committee observed during site visit that the lease holder M/s Shri Chander Shekhar Chaurasia have setup weigh bridge with CCTV camera and office near the lease area.

IX. Heavy machinery was not found on the day of site visit.

8. As per records submitted by UPPCB, Sonbhadra, The lease holder M/s Shri Chander Shekhar Chaurasia have obtained CTO from the State Pollution Control Board vide reference no. 155855/UPPCB/Sonbhadra(UPPCBRO)/CTO/both/Sonbhadra/2 022 dated-07.05.2022, which was valid from dated- 07.05.2022 to dated-31.12.2023. Further, The Consent To Operate has renewed vide reference no. 196159/UPPCB/Sonbhadra(UPPCBRO)/CTO/ both/Sonbhadra/2023 date-29.12.2023 which is valid from dated- 01.01.2024 to dated-31.12.2026 for 2,59,104 cubic meter/year mining of Sand/Morrum (Annexures-7 & 8).

9. As per the grievance, the questioned leases area is operational from dated- 10.05.2022. However, as per document submitted by UPPCB, Sonbhadra and approved Environmental Clearance, the lease holder have valid Environment Clearance which was issued by SEIAA vide dated 28.04.2022 and CTO issued by U.P. Pollution Control Board vide dated 07.05.2022.

10. The mining officer vide their reference no.-3021/khanij/2024 dated 15.03.2024 (Annexure-9) has provided following information.

I. The truck details which are mentioned in grievance no. 5 of the applicant are concerned to the M/s N D Pharma Private limited, Vill. Barahmori Sonbhadra, M/s Rameshwar Pratap & M/s Chander Shekhar Chaurasia.

II. The Mines department has established four check-gates in District Sonbhadra to monitoring the transporting of overloaded vehicles, which are integrated and connected to Directorate of Geology and Mining Department, UP. A district level task force has constituted by District Administration, Sonbhadra. Action has been taken by district level task force. O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

III. The Mines department has issued e-notices to 620 overloaded vehicles found during period from dated 01.04.2023 to dated 30.06.2023 across district. IV. The mines department had found illegal mining of 537.50 cubic meter outside of approved lease area carried out by the lease holder M/s Chander Shekhar Chaurasia and imposed penalty of Rs. 11,83,750/- (Eleven Lacs Eighty three thousand Seven Hundred Fifty only) on the PP on 31.12.2022. This fine amount had been paid by the lease holder.

11. The questioned lease area M/s Shri Chander Shekhar Chaurasia is sanctioned at Khand-1 of Arazi number-824KHA, which is away approximately 500 meter from another sanctioned lease at Khand-3 of Arazi number-824KHA (Annexure-10). As per earlier joint committee report related to Khand-3 of Arazi number 824KHA, the observations of concerned joint committee are as follows:-

".............there is no conservation area for crocodiles and alligators the Kaimur Wildlife Sanctury area Mirzapur/Sonebhadra. The Sone Ghadiyal sanctuary is almost 25 Kms away, upstream of the lease area in the district of Sidhi at Madhya Pradesh. Sone Ghariyal region is far away from the questioned mining site. The mine lease area is not situated within the eco-sensitive zones of either the Kaimur Wildlife Sanctury area Mirzapur/ Sonebhadra or the Sone Ghariyal Sanctuary."

Suggestions:

To monitoring the illegal mining of minerals and over loading transportation, the following steps should be taken by concerning department:-

a. Regional Transport Officer of District Sonbhadra is required to ensure the transportation of under loaded vehicles with minerals.

b. The CCTV Camera installed at the weight-bridge must be reviewed periodically by Mines department and strict action to be taking against the defaulter as per rule.

c. To control the illegal mining of minerals and over loading transportation, regular monitoring of mining area must be carried out periodically by district level task force constituted by District Administration, Sonbhadra and strict action must be taken accordingly by concerning department. O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

d. Project must be ensuring that all pillars should erect to demarcate the boundary and it should be periodically reviewed by mines department.

e. The mines department must be carried out strict vigilance to ensure that mining activity should be done as per Uttar Pradesh Minor Minerals (Avoidance) Rules 2021."

30. In the above said O.A. in the course of hearing replies were filed by the respondents including reply dated 30.04.2024 filed by respondent no.6.

31. O.A. No. 08/2024 was disposed by this Tribunal vide order dated 25.07.2024. The relevant part of the order dated 25.07.2024 reads as under:-

"6. From record, we find that there is no substantive matter here to show that there are large scale violations and illegal mining on the part of the proponents itself for a small quantity, in respect, thereof, respondent has been saddled with penalty by Mining Authority under Mining Act but for the cause of damage to environment due to illegal mining, UPPCB has not taken any appropriate action and no environmental compensation has been imposed which shows dereliction and failure in discharge of statutory duties on the part of officials of UPPCB which we find it appropriate to deprecate.

7. Sh. Pradeep Misra, Learned Counsel appearing for UPPCB stated that appropriate action for assessment of environmental compensation shall be taken at an early date.

8. Since no substantive violations have been found in the present case, we accept the report and find it appropriate to dispose of the original application by directing UPPCB to take steps after giving opportunity of hearing to concerned parties regarding imposition, computation and recovery of environmental compensation in respect of the quantity of mineral illegally extracted by respondent 5 within one month and after recovery of the said amount, same shall be utilized for remediation of damage environment pursuant to Environment Remediation Plan which shall be prepared by Joint Committee comprising Central Pollution Control Board, UPPCB and District Magistrate, Sonebhadra within two months and shall be executed within further two months thereafter.

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

9. A copy of this order be forwarded to Central Pollution Control Board(hereinafter referred to as 'CPCB'), UPPCB (hereinafter referred to as 'UPPCB') and District Magistrate, Sonebhadra for compliance by email.

10. With the above observations, original application is disposed of."

Grievances of the Applicant

32. In the present case, the applicants have raised grievances regarding illegal mining by M/s. New India Minerals Ventures Pvt. Ltd., through Shri Chandra Shekhar Chaurasia from river channel beyond the area of Arazi No.624 (Kha), admeasuring 16.194 hectares (Khand-1) in forest/sanctuary area day and night by use of heavy machines.

Report of the Joint Committee

33. The Joint Committee constituted by this Tribunal had inspected both the mining sites on 03.12.2024. On inspection of M/s New India Minerals, Arazi No. 824 Kha (Khand No. 3), Village- Agori Khas, Tehsil-

Obra, District- Sonbhadra, the Joint Committee made the following observations:-

"8. During the visit, it was observed that no mining operation is being carried out on the lease area. It is informed by mining department that the unit is closed since February 2023 in compliance to Hon'ble NGT order dated 20.02.2023 in the matter of O.A. No. 818 of 2022, Sandal Praveen Versus Union of India and Ors. In this regard closure order was issued by District Administration (Mining Division) Sonbhadra on 21.02.2023. Copy of the same is enclosed as Annexure-7.

9. During the visit, no machineries were found on the site.

Weighing bridge and display board with mining lease information were available on site.

10. During visit, no mining in the forest land was observed.

11. The PP has conducted a replenishment study of the area and report is submitted to the District Mining Officer, O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

Sonbhadra on 12.07.2024. Copy of the same is enclosed as Annexure-8.

12. Director, Directorate of Geology and Mines, U.P., has approved the mining plan of lease area on 26.03.2021. Copy of the approval is enclosed as Annexure-9.

13. During the visit, following violation with respect to EC & CTO conditions, Mining Plan, Mining guideline etc were observed:

a) No PTZ camera was found installed at the mining site. It is informed by the representative of the Project Proponent that the PTZ camera is removed as unit is non-operational.

b) During the visit, only 04 temporary pillars out of 08 were found in the lease area at designated locations. It was informed by the representative of the project proponent that all pillars will be installed when the unit would be in operation. Necessary action may be taken by the Mining Department to ensure the installation of a pillar within the lease area.

c) The PP has not carried out adequate plantation in compliance with CTO & EC conditions.

d) The PP has not carried out the hydro-geological study.

e) The PP has not conducted third-party monitoring of various parameters including ambient air quality etc.

f) The PP has yet not constructed two toilets and one hand pump in the mine office.

g) During the visit, it was observed that no dust control measures such as water sprinkling, plantation on both sides of the road used for the transportation of Morrum etc., have been carried out."

34. Similarly on inspection of mining lease Arazi No. 824 Kha (Khand No. 1), Village- Agori Khas, Tehsil- Obra, District- Sonbhadra owned by Shri Chandra Shekhar Chaurasiya, the Joint Committee made the following observations:-

"8. During the visit, mining site was found operational. Pillars were found installed at designated corners of the lease O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

area. However, Pillar no. with location details was not mentioned on the pillars. PTZ camera was found installed at the mining site.

9. During visit, mining activity was observed within the lease area. However, as per satellite image (Source: Google Earth) dated 23.04.2024 mining activity was observed near the lease area in the river stream.......

X X X X

10. Weighing bridge and display board with mining lease information was available on site.

11. During visit no mining in forest land was observed.

12. The PP has conducted replenishment study of the area and report is submitted to the District Mining Officer, Sonbhadra on 12.07.2024. Copy of the same is enclosed as Annexure-

15.

13. Director, Directorate of Geology and Mines, U.P., has approved the mining plan of lease area on 20.05.2021. Copy of the approval is enclosed as Annexure-16.

14. Six monthly compliance report is submitted to the district mining officer by project proponent (PP) on 10.07.2024.

15. During the visit, following violation with respect to EC & CTO conditions, Mining Plan, Mining guideline etc., were observed:

a) The PP has not carried out adequate plantation in compliance with CTO & EC conditions.

b) The PP has not carried out the hydro-geological study.

c) The PP has not conducted third-party monitoring of various parameters including ambient air quality etc.

d) The PP has yet not constructed two toilets and one hand pump in the mine office.

e) During the visit, it was observed that no dust control measures such as water sprinkling, plantation on both sides of the road used for the transportation of Morrum etc., have been carried out."

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

35. So far as the allegations regarding illegal mining by respondents no.

5 and 6 are concerned, as mentioned in its report the Joint Committee constituted by this Tribunal in the present case did not observe any illegal mining by respondents no. 5 and 6 and no consequential orders are required to be passed against them by this Tribunal.

36. With respect to the environmental violations by respondents no. 5 and 6 as noticed in O.A. No. 818 of 2022 this Tribunal had passed order dated 19.05.2023 operation of which has been stayed by Hon'ble Supreme Court by orders passed in Civil Appeal No. 4046/2023 and Civil Appeal No. 4005/2023 respectively as mentioned above. In view thereof this Tribunal is not required to pass any order regarding mining by respondents no. 5 and 6 which will be governed by orders to be passed by Hon'ble Supreme Court in the above mentioned case.

37. In the present case based on its observations regarding the deficiencies, the Joint Committee made the following recommendations:-

"3. Recommendations:

Based upon the above observations, Joint Committee recommends as below:

1. Mining department should ensure that mining should not be carried out beyond the lease area and in river stream.

2. SEIAA-UP should take actions (issue SHOW CAUSE) for non-

compliance observed (w.r.t. EC conditions) by the Joint Committee during the inspection and UPPCB shall take necessary action against Project Proponents for violation of CTO conditions.

3. Mining Department and SEIAA may ensure proper compliance of Sustainable Morrum Mining Guideline, 2020.

4. Both project proponents should comply the following:

a) Project Proponents should make necessary arrangements for water sprinkling for dust control on the road for transportation. NOC from the State Ground Water Authority is required if project proponents meet their water requirement through bore-well.

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

b) Project Proponents should carry out a hydro-geological study and submit a report to the concerned authorities.

c) Project Proponents should provide adequate plantation as per the condition of the CTO and EC.

d) Proper demarcation of pillars by Mining department and lease holder should be done as per guideline. Reference point for mining depth measurement may be marked on pillar by the mining department."

38. So far as recommendations made by the Joint Committee are concerned, Mining Department and SEIAA, Uttar Pradesh and respondents no. 5 and 6 may comply with the same subject to orders of Hon'ble Supreme Court.

39. So far as the allegations regarding illegal mining by the locals are concerned, in its report the Joint Committee constituted by this Tribunal in the present case has made observations regarding illegal mining by the locals.

40. In his reply respondent no.6 has alleged to have made complaints dated 28.12.2023 and 01.05.2024 to the Police regarding illegal mining by some unknown persons.

41. Vide order dated 18.03.2025 Superintendent of Police, Sonbhadra was directed to file his affidavit giving all requisite details as to action taken on complaints made by respondent no.6 to the Police and specifically mentioning as to whether any FIR was registered on the basis of complaints given by respondent no.6, if yes, what further action was taken on the same, if no, what were the reasons for not registering the FIR.

42. In compliance thereof Superintendent of Police has filed affidavit dated 28.04.2025. The relevant part of the affidavit reads as under:-

O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

"AFFIDAVIT OF SUPERINTENDENT OF POLICE SONBHADRA UTTAR PRADESH IN COMPLIANCE OF ORDER DATED 18-03-

2025 PASSED BY THIS HON'BLE TRIBUNAL X X X X

3. That the present response is being filed in respectful compliance of the order dated 18.03.2025 passed by this Hon'ble Tribunal.

4. That the deponent is posted as Superintendent of Police District Sonbhadra since Dated 13-09-2024.

5. That in compliance of order dated 18.03.2025 passed by this Hon'ble Tribunal, the deponent vide his letter dated 05.04.2025 directed the Additional Superintendent of Police (Operations), District- Sonbhadra to conduct an enquiry into the allegations levelled by Respondent No. 6 and submit a factual report.

6. That in furtherance of the directions issued by the deponent vide his letter dated 05.04.2025 the Additional Superintendent of Police (Operations) District Sonbhadra conducted a detailed enquiry and submitted its report dated 20.04.2025

7. That the Additional Superintendent of Police (Operations), District Sonbhadra, has informed that statements have been recorded from the police officials who were posted at various police stations within District Sonbhadra on 20.12.2023, 28.12.2023, and 01.05.2024 the dates corresponding to the period when the alleged complaint was purportedly made by Respondent No. 6. It has been affirmed during the course of recording these statements that none of the said police officials reported the receipt of any verbal or written complaint during their respective tenures at the concerned police stations. A copy of report dated 20.04.2025 submitted by the Additional Superintendent of Police (Operations) District Sonbhadra is annexed herewith and marked as Annexure R-1.

8. That in compliance of the order dated 18.03.2025 passed by this Hon'ble Tribunal, the deponent vide his office letter No-writ Vividh/2025 dated 07.04.2025 directed the Head of the District Crime Records Bureau (DCRB) Sonbhadra to submit a report on action taken on the complaints made by Respondent No.6 on 28.12.2023 and 01.05.2024 about illegal mining being conducted by unknown persons. A copy of office letter No- writ Vividh/2025 dated 07.04.2025 is annexed herewith and marked as Annexure R-2.

9. That tdra, vide Office Letter No. 2113/DCRB-Vividh/2025 dated 08.04.2025, has informed the office of the deponent that, based on the information retrieved from the Radio Telephone Sets of all police stations within District Sonbhadra, no complaint was received on 28.12.2023 or 01.05.2024. Furthermore, it has been confirmed that no case was registered on either of the aforementioned dates concerning allegations of illegal mining by unknown persons. A copy of report dated 08.04.2025 is annexed herewith and marked as Annexure R-3.

10. That the deponent also sought report vide his office letter No writ Vividh/2025 dated 07.04.2025 from the Police Station Obra and Police Station Chopan District Sonbhadra.

11. That the Inspector in Charge of Police Station Obra and Chopan District Sonbhadra vide their letter dated 21.04.2025 O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

and 08.04.2025 informed the office of deponent that on 28.12.2023 and 01.05.2024 no written or verbal complaint was received for Illegal mining being conducted by some unknown persons in their respective Police Stations. A copy of report dated 21.04.2025 and 08.04.2025 submitted by the Inspector in Charge Police Station Obra and Chopan is annexed herewith and marked as Annexure R-4 (Colly).

12. That the deponent vide his letter No Writ Vividh (NGT)/2025 dated 10.04.2025 also sought report from the Inspector in Charge Jugail Police Station, District Sonbhadra.

13. That The Inspector-in-Charge, Jugail Police Station, District Sonbhadra, vide his report dated 21.04.2025, has further Informed the deponent that no verbal or written complaint from Respondent No. 6 was received on either 28.12.2023 or 01.05.2024. It has, however, been reported that several routine inspections were conducted during which immediate action was taken, resulting in the seizure of tractor-trolleys involved in the illegal transportation of mined material. General Diary (G.D.) entries were accordingly made on 02.02.2024, 05.02.2024, 06.04.2024, and 08.06.2024 under Sections 3/181, 192, 196, and 207 of the Motor Vehicles Act, 1988. Furthermore, it has been reported that on 24.12.2024, an incident of illegal transportation of sand was detected, wherein a trolley bearing Registration No. UP 64 AT 0883 was seized and the driver, Katvaru Kol, was immediately apprehended. Consequently, Case No. 119/2024 was registered under Sections 303(2), 117(2), and 3(5) of the Bhartiya Nyaya Sanhita, 2023; Sections 3(1), 58, and 72(6) of the Uttar Pradesh Minor Mineral Concession Rules, 2021; and Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957. Additionally, an FIR was registered against four other individuals, namely, Ram Surat Yadav, Ram Murat Yadav, Manoj Yadav, and Ram Pratap Yadav, in connection with the said Illegal activity, and Charge Sheet No. A 28/2025 dated 17.04.2025 has since been filed before the Competent Court of the Magistrate. The District Mines Officer, through his report, has further apprised that the quantity of sand illegally transported during the aforementioned Inspections was measured to be a total of 13 cubic meters. A copy of report dated 21.04.2025 submitted by Inspector In Charge Jugail Police Station and the reports submitted by the District Mining Officer Sonbhadra is annexed herewith and marked as Annexure R-5 (Colly)

14. That the deponent herein, has also issued stringent directions to the Additional Superintendent of Police, Circle Officers, Station House Officers, Incharge Traffic and Incharge Dial-112 for ensuring immediate action against cases of illegal mining /transportation in Forest Area/River Bed and also within their jurisdictional Police Stations in District Sonbhadra, vide his office letter dated 16.09.2024 and 04.12.2024. The deponent also presides over weekly meetings on every Wednesday and takes report about mining operations within District Sonbhadra. A copy of office letter dated 16.09.2024 and 04.12.2024 issued by the deponent and investigation report date 20.04-2025 is annexed herewith and marked as Annexure R-6(Colly)

15. That as a matter of fact no illegal sand mining is being carried out in the alleged area. Not one trolly is allowed to be passed O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

without checking from the area. However, where theft of sand is reported, immediate action has been initiated by the District Administration.

16. That the deponent most humbly submits before this Hon'ble Tribunal that the District Administration is very conscious and vigilant about illegal mining/transportation. Earnest efforts are being undertaken within District Sonbhadra Uttar Pradesh to ensure that the mining operations are strictly carried out by the lease holders/project proponents in accordance with the UP Minor Mineral Concessions Rules and the Environment norms are duly followed. Further the State Government undertakes before this Hon'ble Tribunal that it will leave no stone unturned in ensuring that prompt and strict penal action is taken against the persons involved in illegal mining/transportation as per the provisions of law."

43. Section 23C of the Mines and Minerals Development and Regulation Act 1957 empowers the State Government to make rules for preventing illegal mining, transportation and storage of minerals and in exercise thereof the Government of Uttar Pradesh has framed the Uttar Pradesh Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2018.

44. Due to large number of cases of illegal mining in the country and also loss of lives of some officers in the course of discharge of their duties for curbing illegal mining, MOEF & CC issued "Sustainable Sand Mining Management Guidelines, 2016" which provided for Monitoring System for Sustainable Sand Mining (at pages 64 to 66 thereof) and laid down detailed procedure for monitoring of sand mining or river bed mining. In consideration of various orders/directions issued by this Tribunal in matters pertaining to illegal sand mining and also based on the reports submitted by Expert Committees and Investigation Teams, MoEF & CC issued "Enforcement & Monitoring Guidelines for Sand Mining, 2020"

supplemental to the existing Sustainable Sand Mining Management Guidelines, 2016. Enforcement & Monitoring Guidelines for Sand Mining, 2020 provide (at pages 48 to 63 thereof) for Monitoring Mechanism and O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

made detailed provisions regarding illegal mining including action to be taken to achieve deterrence against illegal mining.

45. In O.A. no. 360/2015 titled National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) this Tribunal referred to some of the significant orders passed from time to time regarding illegal mining in tabular format as under:-

         Sl            Party Name                Date of             Particulars
        No.                                      orders
       1      OA No. 173/2018 Sudarsan         04.09.2018   Inter alia directing revision
              Das v. State of West Bengal &                 of monitoring mechanism
              Ors.                                          by the MoEF&CC.

       2      OA No. 44/2016 Mushtakeem        05.09.2018
              v. MoEF&CC & Ors.

       3      OA No. 186 of 2016 Satendra   13.09.2018      Inter alia disapproving
              Pandey Vs. Ministry of                        dispensing with
              Environment, Forest & Climate                 requirement of public
              Change & Anr                                  hearing and requiring
                                                            evaluation by DEIAA.

       4      ΟΑ 606/2018, Compliance of       16.01.2019   Requiring the Chief
              Municipal Solid Waste                         Secretaries to monitor the
              Management Rules, 2016                        subject of unregulated and
                                                            unscientific sand mining

       5      Ο.Α. No. 360/2015, National    05.04.2019
              Green Tribunal Bar Association                Inter alia consideration of
              V. Virender Singh (State of                   scale of compensation and
              Gujarat)                                      revised monitoring
                                                            mechanism

       6      OA No. 44/2016 Mushtakeem        19.02.2020   Inter alia modifying the
              v. MoEF&CC & Ors.                             mechanism for release of
                                                            vehicles

       7      OA No. 360/2015 National       17.08.2020     Inter alia considering the
              Green Tribunal Bar Association                scale of compensation
              V. Virender Singh (State of                   proposed by the CPCB
              Gujarat)

       8      O.A. No. 40/2020, Pawan          14.10.2020   Inter alia engagement of
              Kumar v. State of Bihar & Ors.                experts from NABT/QCCI
                                                            for preparation of DSR/
       9      O.A. No. 726 of 2018 Rupesh      04.11.2020   replenishment study
              Pethe v. State of M.P. & Ors.,
 O.A. No.1040/2024               Surendra & Ors. vs. State of U.P. & Ors.
                                51

46. In O.A. no. 360/2015 titled National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) vide order dated 26.02.2021 this Tribunal laid down scale of amount to be recovered for release of seized vehicles and scale of environmental compensation for illegal mining on polluter pays principle and issued the following directions:-

" Enforcement of Monitoring Mechanism and review by the Chief Secretary at State level and Secretary MoEF&CC at National level

27. We direct all the States/UTs to strictly follow the SSMG-2016 read with EMGSM-2020 reinforced by mechanism for preparation of DSRs (in terms of directions of this Tribunal dated 14.10.2020 in Pawan Kumar, supra and 04.11.2020 in Rupesh Pethe, supra), Environment Management Plans, replenishment studies, mine closure plans, grant of EC (in terms of direction dated 13.09.2018 in Satendra Pandey, supra), assessment and recovery of compensation (as per discussion in Para 25), seizure and release of vehicles involved in illegal mining (in terms of order dated 19.02.2020 in Mushtakeem, supra), other safeguards against violations, grievance redressal, accountability of the designated officers and periodical review at higher levels. As already noted, EMGSM-2020 contemplates extensive use of digital technology, including remote sensing.

28. We further direct that periodic inspection be conducted by a five-members Committee, headed and coordinated by the SEIAA and comprising CPCB (wherever it has regional office), State PCB and two expert members of SEAC dealing with the subject. Where CPCB regional office is not available, if MoEF&CC regional office is available, its Regional Officer will be included in the Committee. Where neither CPCB nor MoEF&CC regional office exists, Chairman, SEIAA will tie up with the nearest institution of repute such as IIT to nominate an expert for being included in the Committee. Such inspection must be conducted at least thrice for each lease i.e. after expiry of 25% the lease period, then after 50% of the period and finally six months before expiry of the lease period for midway correction and assessment of damage, if any. The reports of such inspections be acted upon and placed on O.A.No.160/2022 Ompal & Ors O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

v. State of UP & Ors. website of the SEIAA. Every lessee, undertaking mining, must have an environment professional to facilitate sustainable mining in terms of the mining plan and environmental norms. This be overseen by the SEIAA. Environment Departments may also develop an appropriate mobile App for receiving and redressing the grievances against the sand mining, including connivance of the authorities and also a mechanism to fix accountability of the concerned officers. Recommendations of the Oversight Committee for the State of UP quoted earlier may be duly taken into account.

The mechanism must provide for review at the level of the Chief Secretary at least once in every quarter, in a meeting with all concerned Departments in the State. The Chief Secretary UP may ensure further action in the light of the report of the Oversight Committee.

Similarly, at National level, such review needs to be conducted atleast once in a year by the Secretary, Environment in coordination with the Secretaries Mining and Jalshakti Ministries the CPCB.

Publication of Annual Reports

29. We further direct all the States/UTs to publish their annual reports on the subject and such annual reports may be furnished to MoEF&CC by 30th April every year giving status till 31st March. First such report as on 31.03.2022 may be filed with the MoEF&CC by all he States/UTs on or before 30.04.2022. The report may also be simultaneously posted on the website of the Environment Department of the States/UTs. Based on such reports, MoEF&CC may consider supplementing its Guidelines from time to time. The MoEF&CC may prepare a consolidated report considering the reports from the States/UTs and publish its own report on the subject, preferably by 31st May every year.

Interaction at National Level

30. We direct the Secretary MoEF to convene a meeting in coordination with the CPCB and Mining and Jalshakti Ministries of Central Government and such other experts/individuals at National level and representatives of States within three months for interaction on the subject which may be followed by such meetings being convened by the Chief Secretaries in all States in next three months. Holding of such meetings will provide O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

clarity on enforcement strategies and help protection of environment."

47. In State of NCT of Delhi vs. Sanjay, (2014) 9 SCC 772 Hon'ble Supreme Court held that dishonestly removing sand and gravel, which is the property of the State, from the river beds without consent constitutes a distinct offence under Section 378 of the IPC and on receipt of the police report, the Magistrate having jurisdiction can take cognizance of the said offence without awaiting the receipt of complaint that may be filed by the authorised officer for taking cognizance in respect of violation of various provisions of the Mines and Minerals (Development and Regulation) Act, 1957.

48. The jurisdiction of this Tribunal to deal with such matters came to be considered by Hon'ble Supreme Court in various cases including MC Mehta vs. Union of India (2004) 12 SCC 118 , Mantri Tech zone Pvt.

Ltd. vs. Forward foundation & others (2019) 18 SCC 494 and Civil Appeal no. 6932 of 2015 titled the Director-General Road Development National High ways Authority of India vs. Aam Aaadmi Lokmanch & others decided on 14.07.2020 Hon'ble Supreme Court held that wherever environment and ecology are being compromised and jeopardized, this Tribunal can apply Section 20 of the National Green Tribunal Act, 2010 for taking restorative measures in the interest of environment.

49. In Goa Foundation vs. Union of India & Ors (2014) 6SCC 590 it was observed that mining was required to be regulated not only by the Mining department but also by the PCBs under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

Pollution) Act, 1981 and by the MoEF under the Environment (Protection) Act, 1986.

50. It is evident from above discussion that monitoring mechanism and remedial measures have already been provided to prevent and control illegal mining but the monitoring mechanism is not completely set up and remedial measures are not faithfully implemented in the State of Uttar Pradesh due to which illegal mining as well as illegal transportation have occurred and are likely to occur in the present case.

Directions by the Tribunal

51. In the facts and circumstances of the case the respondent no. 1- State of U.P. through Secretary, Environment, Forest and Climate Change, Government of Uttar Pradesh and respondent no. 2- Director, Mines and Geology, Government of Uttar Pradesh and respondent no. 3-Member Secretary, UPPCB are directed to look into/verify implementation of the Monitoring System for Sustainable Sand Mining of the Sustainable Sand Mining Management Guidelines, 2016 (at pages no. 64 to 66 thereof) and Monitoring Mechanism of the Enforcement & Monitoring Guidelines for Sand Mining, 2020 (pages 48 to 63 thereof) and implementation of the directions given by Hon'ble Supreme Court and also by this Tribunal particularly the directions given by this Tribunal in O.A. no. 360/2015 titled National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) vide order dated 26.02.2021 and ensure (i) implementation of appropriate measures for monitoring of transportation of mineral from mining area to end-user, such as essential security features, check posts, CCTV camera, GPS tracking etc., and for regular surveillance of the sand mining reaches and constitution of district level task force for this purpose, as outlined in Chapter 7 and 9 respectively, of O.A. No.1040/2024 Surendra & Ors. vs. State of U.P. & Ors.

the Enforcement and Monitoring Guidelines for Sand Mining 2020 and

(ii) appropriate mechanism for taking strict punitive action against the persons and vehicles involved in illegal mining in the area under the Mines and Minerals (Development and Regulation) Act, 1957 and directions issued by this Tribunal vide order dated 26.02.2021 in O.A. no. 360/2015 titled National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) in terms of penalty and environmental compensation.

52. Accordingly, the present original application is disposed of with direction as mentioned above.

53. A copy of this order may be sent to the Secretary, Environment, Forest and Climate Change, Government of Uttar Pradesh, Director, Mines and Geology, Government of Uttar Pradesh and Member Secretary, UPPCB by email for requisite compliance.

Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM November 06th, 2025 AG

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National Green Tribunal

Surndra And Ors vs State Of Uttar Pradesh on 6 November, 2025