National Green Tribunal
Dr. Sarvabhoum Bagali vs State Of Karnataka Through Its Director ... on 23 March, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.11:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No.144 of 2020 (SZ)
IN THE MATTER OF:
Dr. Sarvabhoum Bagali,
S/o. Late Satagouda,
R/o. Kachari Road,
Opp. Head Post Office, IDI,
Vijayapura District, Karnataka.
...Applicant(s)
Versus
State of Karnataka,
Through its Director,
Department of Mines and Geology,
#49, Khanija Bhawan,
Race Course Road, Bengaluru and Ors.
...Respondent(s)
Date of hearing: 23.03.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. Aagney Sail.
For Respondent(s): Mr. Rajat Jonathan Shaw represented
Mr. Darpan K.M. for R1, R3, R5 & R6.
Mrs. M. Sumathi for R2 & R7.
Mr. Vasanth H.K. for R4.
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ORDER
1. As per order dated 22.02.2022, this Tribunal had directed the MoEF&CC to answer the question as to whether the sand mining can be permissible even in a manmade wetland, tanks, lakes, ponds, etc. or as per the guidelines, they can only do desilting or dredging work for the maintenance of those water bodies. Further, the Joint Committee was also directed to file a further report and posted the case to today for filing objections (if any) to the Joint Committee report, further reply (if any), consideration of report and also for hearing.
2. We have received the third report of the Joint Committee dated Nil, e- filed on 20.03.2022 which reads as follows:-
"THIRD REPORT OF JOINT COMMITTEE IN THE MATTER OF O.A. 144 OF 2020 (DR. SARVABHOUM BAGALI) SUBMITTED BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI, AS PER ORDER DATED 22.02.2022.
1.0 PREAMBLE In the Original Application No. 144 of 2020 (SZ), filed by Dr.Sarvabhoum Bagali, Vs The State of Karnataka &Ors, the Hon'ble National Green Tribunal (NGT), Chennai vide Order dated 07.08.2020 constituted a Joint Committee to inspect the sites in question and submit a Report. Accordingly, the Joint Committee has inspected the sand mines at Raichur District and submitted a report on 21.12.2020. Hon'ble NGT vide order dated 09.11.2021 directed the Joint Committee to file another report on excess mining, penalty collected etc,. Accordingly, the Committee, had Page 2 of 5 collected the information from concerned Departments and after deliberated in detail, has submitted a report on 17.12.2021.
Hon'ble NGT vide order dated 22.02.2022 made the following observation:
"5. The Ministry of Environment, Forests and Climate Change (MoEF & CC) has not answered the allegations made in the application as to whether the sand mining can be permissible even in a manmade wet land, tanks, lakes and ponds etc.,
6. It is also not clear from the report submitted by the Joint Committee as well as the statements filed by the respondents as to whether they are doing de- silting or dredging in the water bodies or they are permitted for mining.
7. The applicant is also directed to file their objections, (if any) to the Joint Committee report to be filed.
8. The Ministry of Environment, Forests and Climate Change (MoEF & CC) is also 2 directed to file their statements answering the query that has been raised by us and they are directed to file their report, reply statement and also for objections to the Joint Committee report to this Tribunal on or before 23.03.2022, by e-filing in the form of searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
9. The Registry is directed to communicate this order to the members of the committee and also to the official respondents including the Ministry of Environment, Forests and Climate Change (MoEF & CC) immediately through e-mail for their information and also for compliance of the report."
2.0 DELIBERATIONS AND CONCLUSION The Joint Committee noted that the observation at paras 5 & 8 pertains to the Ministry of Environment, Forests and Climate Change (MoEFCC) and learnt from the Nodal Officer [ Integrated Regional Office, Page 3 of 5 MoEFCC, Bangalore] that the concerned Division at MoEFCC, New Delhi is in the process of filing reply.
The para 6 of the Order pertains to Joint Committee Report and hence needs to file another report. Accordingly, the Joint Committee had examined the Environmental Clearances and mining leases of the two mines viz. Gonavara and Albanuru which were granted permission for mining in Nala in the Raichur District. It is noted from the EC and Mine lease that these mine leases were granted for mining sand in Nala and not for desilting or dredging."
3. The learned counsel appearing for the MoEF&CC wanted some more time to file their statement as directed by this Tribunal.
4. The matter is of the year 2020. The only question to be considered is whether the mining is permissible in the water bodies and if at all any permission is granted, whether it is against the guidelines issued by the MoEF&CC.
5. If the MoEF&CC did not file the further reply before the next hearing date, then this Tribunal will be compelled to dispose of the matter, on the basis of the materials available on record.
6. They are directed to file the further reply (if any) as directed by this Tribunal on or before 08.04.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and parties are directed to get ready with the matter on 12.04.2022 for hearing. Page 4 of 5
7. In the meantime, the Karnataka State Wetland Authority is also directed to file a status report regarding the mining activity (if any) that is being undertaken in the water bodies and whether any wetland has been identified in the State of Karnataka, especially the area in question and if so, whether it has been notified or not and if not, what is the nature of steps taken by them to implement the provisions of the Wetlands (Conservation and Management) Rules, 2010 and superseded by 2017 Rules.
8. The Registry is directed to communicate this order to the official respondents, including the MoEF&CC and the Karnataka State Wetland Authority by e-mail for their information and compliance of directions.
9. For completion of pleadings, consideration of report and also for hearing, post on 12.04.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.144/2020 (SZ), 23rd March 2022. Mn.
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