National Green Tribunal
News Item Published In Rashtriya Sahara ... vs Coram: Hon'Ble Mr. Justice Prakash ... on 2 April, 2024
Item No. 11 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 701/2023
News Item published in Rashtriya Sahara dated 29.10.2023 titled "Police
ke sanrakshan mei phal- phul rahe hai safed baloo ke karobaree"
Date of hearing: 02.04.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Mukesh Verma, Adv. for Mining Department, State of UP
ORDER
1. This original application has been registered sou motu wherein the issue of large scale illegal white sand mining in Sikandarpur, District Balia, Uttar Pradesh in river bed of Saryu and Ghaghara rivers is involved.
2. The Tribunal by order dated 24.01.2024 had constituted a Joint Committee with the direction to the Committee to visit the site, ascertain the correct position, find out the extent of illegal mining, if any, and persons responsible for the same. The Joint Committee has submitted the report on 22.03.2024 disclosing the violation by three project proponents as under:
"2.1. During joint inspection of the area in question following observation has been made, which are depicted lease wise below:
A. The Owner Shrimati Madhuri Singh, R/0- Village- Mujauna, Post-Turtipar, Tehsil- Belthara Road, District- Ballia -277303.
I. Day of inspection mining works was found suspended due to heavy rain, which was occurred two days before the joint committee inspection, 1 II. PP having valid EC from SEIAA-LIP and CTO from LIPPCB is attached as annexure: 2-1 and 2-2. III. As per pillar coordinate (verified by DMO) mentioned in the EC, denoted that the actual lease area is 8.1 ha against 5 ha mentioned in EC and other, which is almost 3.1 ha more than the allotted lease area. (Google image based on coordinate mentioned in EC is attached as 2-3) IV. All four boundary pillars are found intact and Mining occurred within the lease area by using poclain machine etc. V. Joint committee observed that the deposition of the sand in the lease area is found minimal due to no flooding in river Ghaghara in last two years, VI. Production as per formeMM11 from 1.10.2023 to 21.03.2024 shows that the total production 41281 m3 with 389 eMM11.Attached as Annexure 5.
VII. PP having PTZ camera, near weigh bridge, which has been found working during inspection, VIII. PP has commissioned one bore-well near office/weight bridge area, which is found working without required permission, IX. PP does not have arrangement for water sprinkling system at mining site, X. PP have yet not developed green belt within the lease area, XI. PP have yet not made pakkamotorable road from weigh bridge to main road.
XII. Photograph taken during joint committee inspection is attached as annexure: 2-4.
B. Riverbed Ordinary Sand mine at Gata No.-593, Village- KhairaKhas, Tehsil-Belthara Road, District- Ballia, U.P. M/s Shiva Enterprises, District- Ballia - 277303.
I. On day of inspection mining works was found partially working due to rain, II. All four boundary pillars are found intact and Mining occurred within the lease area by using poclain machine etc. III. PP having valid EC from SEIAA-UP and CTO from UPPCB, attached as annexure: 3-1 and 3-2. IV. As per pillar coordinate (verified by DMO) mentioned in the EC, denoted that the actual lease area is 13.9 ha against 11.9 ha mentioned in EC and other, which is almost 2.0 ha more than the allotted lease area. (Google image based on coordinate mentioned in EC is attached as annexure 3-3) V. It has been observed that the deposition of the sand in the lease area is found minimal due to no flooding in river Ghahara in last two years, 2 VI. Production as per form eMM11 from 1.10.2023 to 21.03,2024 shows that the total production 11558 m' with 800 eMM11.Attached as Annexure 5.
VII. PP having PTZ camera has already installed near weigh bridge, which was found working during Joint committee inspection, VIII. PP having one bore-well, which is found working without required permission, IX. PP does not have arrangement for water sprinkling system at site, X. PP have yet not developed green belt within the lease area, XI. PP has been still using kaccha approach road towards weigh bridge and lease area to main road, XII. Photograph taken during joint committee inspection is attached as annexure: 3-4.
C. Proposed Ordinary Sand Mining Project at Gata no. 03, Village -- Naubarar 1881 Mo. Belsipah, Tehsil -- Sadar& District -- Ballia, U.P-277303 by M/s JPN Rai.
I. Day of inspection mining works was found working since 5 Jan, 2024 onwards. II. All four boundary pillars are found intact and Mining occurred within the lease area by using poclain machine etc. III. PP having valid EC from SEIAA-UP and CTO from UPPCB, attached as annexure 4-1 and 4-2. IV. As per pillar coordinate (verified by DMO) mentioned in the EC, denoted that the actual lease area is 7.92 ha against 5 ha mentioned in EC and other, which is almost 2.92 ha more than the allotted lease area. (Google image based on coordinate mentioned in EC is attached as 4-3) V. Production as per form eMM11 from 1.10.2023 to 21.03.2024 shows that the total production 9071 m' with 461 eMM11.Attached as Annexure 5. VI. PP having PTZ camera has already installed near weigh bridge, which was found working during inspection, VII. PP having one bore-well, which is found working without required permission, VIII. PP have developed small patch of green belt within lease area IX. PP has been still using kaccha approach road towards weight bridge and lease area to main road, X. PP does not have arrangement for water sprinkling system a site, XI. Photograph taken during joint committee inspection is attached as annexure 4-4."
33. The Joint Committee had made other observations and made following recommendations:
"3.0 0ther Observation:
As per information provided by Ming Department, Ballia, Illegal mining issues were noticed by the Mining Department, Ballia during 2023, in which first information report (FIR) has also been filed on dated 24.5.2023, in which four tractor trollies has also been sized. Copy of the FIR is attached as Annexure 6.
4.0 Recommendation:
Based on the above observation joint committee recommendation are as follows:
District administration should re-examine the boundary pillar coordinate of all three lease, based on revised coordinate EC should be amended and to curtail the revenue loss of the state, It is required to construct pakka/motorable haul road from lease/weight bridge to main road on priority basis to minimize the air pollution etc, UPPCB/ Ground water Department (Ministry of Jal Shakti, Government of U.P.) to take suitable action for use for unauthorised bore-well by all three lease holder,
4. In view of the violations which have been noted by the Joint Committee by the project proponents, we deem it proper to implead the following as respondents in the matter:
Respondent No. 4 - Smt. Madhuri Singh, R/O Village Mujauna, Post Turtipar, Tehsil Belthara Road, District Balia - 277303.
Respondent No. 5 - M/s. Shiva Enterprises, Gata No. 593, Village Khaira Khas, Tehsil Belthara Road, District Balia, UP.
Respondent No. 6 - M/s. JPN Rai, Gata No. 03, Village Naubarar 1881 Mo. Belsipah, Tehsil Sadar & District Balia, UP - 277303.
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5. Let notice be issued to the above newly added respondents for filing their response/objection to the report of the Joint Committee at least one week before the next date of hearing.
6. List on 08.07.2024.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM April 02, 2024 Original Application No. 701/2023 DV 5