National Green Tribunal
Arun Tiwari vs State Of Uttar Pradesh on 6 May, 2024
Item No.09 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No.556/2023
Arun Tiwari Applicant
Versus
State of Uttar Pradesh Respondent
Date of hearing: 06.05.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Appellant: Mr. Arun Tiwari, Applicant in Person (Through VC)
Respondent: Mr. Ankit Verma, Adv. for the State of UP
Mr. Arvind Kumar & Mr. Ankit Kumar Vats, Advs. for UPPCB (Through
VC)
Mr. Kapil Arora, Mr. Pravar Mishra & Mr. Waleed Nazir Latro, Advs. for R
-6
ORDER
1. In this Original Application, the allegation is of illegal mining of soil upto 10-15 mtrs. depth from the farmer's land by the Project Proponent, Respondent no. 6 in collusion with the officer of the UPIDA during the construction of Bundelkhand Expressway Project and consequential damage to the road. The Tribunal had earlier called for a joint Committee report and the report of the joint Committee was considered and it was noted by the Tribunal that the report did not disclose that the Project Proponent, Respondent No. 6 had carried out mining after obtaining EC. Hence, the Project Proponent was impleaded and notice was issued by order dated 26.02.2024.
2. The response on behalf of the Project Proponent, Respondent No. 6 has been filed but in that response also, it is not disclosed that any EC 1 was obtained for carrying out the mining activity. The applicant has filed the status of the area along with the photographs (page 942) showing that huge excavation has been done in the course of the mining. The reports which were filed earlier are also not clear about the extent of mining which has been done by the Project Proponent.
3. Hence, we direct Member Secretary, CPCB to get the inspection done through its representative and ascertain the extent of legal/illegal mining by respondent no. 6 and file a detailed report along the relevant material at least one week before the next date of hearing by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
4. Learned Counsel appearing for respondent no. 6 also seeks two week's time to place on record a copy of the EC for mining by the competent authority, if the same exist. The prayer is allowed.
5. List on 16.08.2024.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM May 06, 2024 Original Application No.556/2023 SN 2