National Green Tribunal
Himmat Singh Shekhawat vs State Of Rajasthan on 28 August, 2018
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 671 of 2017
(Earlier O.A. No. 123/2014)
IN THE MATTER OF:
Himmat Singh ShekhawatVs.State of Rajasthan &Ors.
CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER
HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Present: Applicant:
Respondents: Mr. V.K. Shuka&Mr. Vijay Lakshmi, Advs. for
State of MP Mr.DivyaPrakashPandey, Adv for Ministry of Environment, Forest and Climate Change Ms. Sakshi Popli, Adv.
Date and Orders of the Tribunal
Remarks
Item No.
04 1. These proceedings are offshoot of order of this August 28, Tribunal dated 13.01.2015 in O.A. No. 123 of 2014 and 2018 other connected matters.
2. The issues raised in the Original Application is of rampant illegal sand mining in the Yamuna riverbed in violation of the directions in the judgment of the Hon'ble Supreme Court in Deepak Kumar v. State of Haryana, (2012) 4 SCC 629. The connected matters allege similar illegal mining in the States of Madhya Pradesh, State of Himachal Pradesh, State of Rajasthan and State of Karnataka.
3. The Tribunal considered the grievance that as against the requirement of Environmental Impact Assessment in terms of the judgment of the Hon'ble Supreme Court in Deepak Kumar (Supra), Environmental Clearances were being granted without considering the requisite norms and safeguards. It was contended that there was conflict in notification issued by Ministry of Environment, Forest and Climate Change and those 1 issued by the States enabling Environmental Clearance being granted without such safeguards being observed.
4. The operative part of the order is also follows:-
"82. In light of the above discussion and particularly keeping in view the persistent conflict between the State Regulations and the Central Notifications, it is imperative for us to issue directions specially to provide for an interim period, during which appropriate steps shouldbe taken to comply with the Judgment of the Hon'ble Supreme Court and to issue Notifications which are necessary in that regard. Therefore, we pass the following order and directions:
I. For the reasons afore recorded, we hold and declare that the Notification dated 9th September, 2013 is invalid and inoperative for non-compliance of the statutorily prescribed procedure under the Environment (Protection) Rules, 1986 and or absence of any justifiable reason for dispensation of such procedure.
II. We also hold and declare that the Office Memorandums dated 24th June, 2013 and 24th December, 2013 to the extent afore- indicated are invalid and inoperative being beyond the power of delegated legislation.
III. All the Office Memorandums and Notifications issued by Ministry of Environment, Forest and Climate Change i.e. 1st December, 2009, 18th May, 2012 and 24th June, 2013 and 24th December, 2013(except to the extent afore-stated) are operative and would apply to the lease mine holders irrespective of the fact that whether the area involved is more or less than 5 hectares.
IV. We further hold that the existing mining lease right holders would also have to comply with the requirement of obtaining Environmental Clearance from the competent authorities in accordance with law. However, all of them, if not already granted Environmental Clearance would be entitled to a reasonable period (say three months) to submit their applications for obtaining the same, which shall be disposed of expeditiously and in any case not later than six months from pronouncement of this judgment.
V. All the States and the Ministry of Environment and Forest shall ensure strict 2 compliance to the directions issued by the Hon'ble Supreme Court in the case of Deepak Kumar (supra). We direct Secretary, Ministry of Environment and Forest to hold ameeting with the State of Rajasthan, Himachal Pradesh and Karnataka to bring complete uniformity in application of the above referred Notifications and Office Memorandums including the Notification of 2006.
VI. Wedirect that in the meeting it shall also disused and appropriate recommendations be made and placed before the Tribunal, as to whether riverbed mining covering an area of less than 5 hectares can be permitted, if so, the conditions and regulatory measures that need to be adopted in that behalf.
VII. We direct that the District Environmental Committees constituted by the respective State Governments shall not discharge any functions and grant approval as contemplated under the Notification of 2006.
VIII. Secretary, Ministry of Environment and Forest along with such experts and the States afore-referred will also consider the possibility of constituting the branches of SEIAA at the district or at least, division levels, to ensure easy accessibility to encourage the mine holders to take Environmental Clearance expeditiously.
IX. It is stated before us that in large number of cases, particularly in relation of State of Rajasthan, persons carrying on mining activity of minor minerals, non-coal mining and brick earth and ordinary earth have applied for obtaining Environmental Clearances in accordance with the terms and conditions of the Notification of 2006. Let all such applications be dealt with and orders passed by the concerned authorities at the earliest and in any case not later than six months from today.
X. We direct the respondent authorities, particularly SEIAA, to dispose of the application of all these private respondents who have already filed applications seeking Environmental Clearance as expeditiously as possible, in any case not later than three months from today. Thus, Appeal No. 23/2014 and M.A. No. 469/2014, M.A. No. M.A No. 488/2014, 489/2014, 479/2014,480/2014, 473/2014, 470/2014, 471/2014 and 469/2014 stand disposed of with the above directions. Till the grant of environmental 3 clearancethey would not carry out any activity of marble mining.
XI. We dispose of Original Application No. 123/13 with a direction that SEIAA shall consider the applications filed for seeking Environmental Clearance in accordance with law and observations made in this judgment, expeditiously, and in any case within a period of three months from today.
XII. In the meanwhile, no State shall permit carrying on of sand mining or minor mineral extraction on riverbed or otherwise without the concerned person obtaining Environmental Clearance from the competent authority.
XIII. We direct the Ministry of Environment and Forest to issue comprehensive but self- contained Notification relating to all minor mineral activity on the riverbed or otherwise, to avoid unnecessary confusion, ambiguities and practical difficulties in implementation of the environmental laws.
XIV. In light of the judgment of the Supreme Court and what has emerged from the various cases that are subject matter of this Judgment, we direct the Ministry of Environment and Forest to formulate a uniform cluster policy in consultation with the States for permitting minor mineral mining activity including, its regulatory regime, in accordance with law.
5. The State of Madhya Pradesh has filed a Status Report before this Tribunal on 31.10.2017 giving details of illegal mining, Transport and storage of the minor minerals and the steps taken by the State of Madhya Pradesh for compliance of directions issued by the Tribunal on 13.01.2015.
6. On 20.03.2018, this Tribunal observed that no report has been furnished by the Ministry of Environment, Forest and Climate Change and States other than the State of Madhya Pradesh. Accordingly, notices were issued to the Ministry of Environment, Forest and Climate 4 Change and other Stakeholders who were required to comply with the directions of this Tribunal dated 13.01.2015 and to file their response.
7. No such response has been filed. Learned Counsel for the Ministry of Environment, Forest and Climate Change states that she has no information as to why no response has been filed. However, it is pointed out that the notification dated 15.01.2016 has now been issued by Ministry of Environment, Forest and Climate Change purporting to comply with direction of the Hon'ble Supreme Court in Deepak Kumar (Supra) and order of this Tribunal dated 13.01.2015 and the same is subject matter of challenge before this Tribunal in O.A. No. 186/2016.
8. That State of Madhya Pradesh is directed to work out the damages to the environment and the cost of restitution of the illegally mined area in the State of Madhya Pradesh. To enable the State of Madhya Pradesh, we constitute a committee which is as follows:-
i. Nominee of Indian Council for Forest Research and Education, Dehradun ii. Nominee of Indian School of Mining, Dhanbad iii. Nominee of Indian Institute of Forest Management, Bhopal The Indian Institute of Forest Management, Bhopal will be the coordinator.
9. We also direct the States of Rajasthan, Himachal Pradesh and Karnataka to give reports of illegal mining, Transportation and storage in term of order dated 13.01.2015, within one month.
10. The Committee may furnish its report within three 5 months.
11. Copy of the order sent to the concerned authorities by email for compliance.
12. The State of Madhya Pradesh may send a set of papers to the above authorities within three weeks from today.
List for consideration of above reports in last week of February, 2019.
...........................................,CP (Adarsh Kumar Goel) ..........................................,JM (Dr. Jawad Rahim) ..........................................,JM (S.P. Wangdi) ..........................................,EM (Dr. Nagin Nanda) 28.08.2018 6