National Green Tribunal
Aravalli Bachao Citizens Movement vs Union Of India on 29 November, 2022
Item No. 03 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid V.C. Option)
Original Application No. 362/2022
Aravalli Bachao Citizens Movement ...Applicant
Versus
Union of India & Ors. ...Respondents
Date of hearing: 29.11.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant : Mr. Rahul Choudhary and Ms. Itisha Swasthi,
Advocates.
Respondent: Mr. Rahul Khurana, Advocate for respondents
no. 2 to 6 with Mr. Anil, Mining Officer, Nuh and
Ms. Nirmala Sharma, Mining Inspector,
Faridabad.
Mr. Vikrant Pachnanda and Mr. Mukul Katyal
for CPCB.
Application has been filed under sections 14 and 15 of the National
Green Tribunal Act, 2010.
ORDER
1. The applicant, a non-partisan group of citizens from the National Capital Region and across India, has filed the present application under Sections14 and 15 of the National Green Tribunal Act, 2010 for issuance of directions to respondents no. 2 to 6 to take steps to stop illegal stone and sand mining, undertake restoration activities, take strict action against defaulting officials and constitute an independent Aravalli Protection Authority for protection of the entire Aravalli range from further degradation.
2. Vide order dated 23.05.2022, this Tribunal constituted a Joint Committee comprising of the MOEF & CC, CPCB, State PCB, Principal Chief O. A. No. 362/2022 Aravalli Bachao Citizens Movement vs. Union of India & Ors.
-2- Conservator of Forest (HoFF), Director, Mining & Geology, Director General of Police and Commissioner, Gurugram Division, Government of Haryana and directed the same to submit factual and action taken report within three months. Notices were also ordered to be issued to respondents. The DGP, Haryana and the Director, Mines and Geology, Haryana were also directed to provide relevant information regarding action taken on illegal mining complaints.
3. In compliance of order dated 23.05.2022, Mrs. Vasvi Tyagi, Chief Conservator of Forests (South Circle), Gurugram filed the Joint Committee Report vide letter dated 07.10.2022 through email dated 07.10.2022. Reports on behalf of the DGP, Haryana and the Director, Mines and Geology, Haryana were filed vide email dated 07.10.2022 and 8.10.2022 respectively.
4. Vide order dated 10.10.2022 this Tribunal directed that the Government of Haryana may considered the desirability of setting up an autonomous statutory authority "Aravalli Environment Management and Sustainable Development" for integrated environment management and sustainable development of the Aravalli range in the State of Haryana and the Chief Secretary, Government of Haryana is directed to file affidavit In this regard and DGP, Haryana, Director, Mining and Geology, Government of Haryana, PCCF (HoFF), Government of Haryana and Member Secretary, State PCB were directed to file report.
5. In compliance thereof, objections/reply to the report of the Joint Committee on behalf of the applicant, additional affidavit on behalf of the Director, Mines and Geology, Government of Haryana, and Status Report on behalf of the Principal Chief Conservator of Forests (HoFF), Government of Haryana and report of the Joint Committee have been filed vide email dated 28.11.2022.
O. A. No. 362/2022 Aravalli Bachao Citizens Movement vs. Union of India & Ors.
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6. We have gone through the reply filed by Director, Mining and Geology, Haryana and we find that the same suffers from contradictions. In para number 3 of the reply it has been mentioned that as per record no complaint has been received by the Department from the Police but in para no. 4 it has been mentioned that out of 44 complaints received from the Police action has been taken in 9 cases and in remaining 35 cases the matter of taking action is under process. The Director, Mining and Geology, Haryana is directed to look into the matter personally and file affidavit giving all requisite details with full particulars of action taken in all the 44 complaints received from the Police. The affidavit be filed within two months at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
7. We have gone through the Report of the Joint Committee. In its report, the Joint Committee has mentioned having noticed signs of mining at some sites on the day of its visit which is suggestive of the fact that illegal mining is still continuing. In his reply, the Director, Mining and Geology, Haryana has mentioned SOP to be adopted for preventing illegal mining. Sustainable Sand Mining Management Guidelines, 2016 and Enforcement and Monitoring Guideline for Sand Mining, 2020 have been issued by the MoEF & CC. Directions have also been given by this Tribunal in number of cases including O.A NO. 360/2015 titled as National Green Tribunal Bar Association Vs. Virender Singh in this regard. The Director Mines and Geology, Haryana may ensure implementation of the SOP as well the above guidelines and orders and the Administrative Officers posted in the field may be made accountable for violations of the same.
8. The Director, Mining and Geology, Haryana is also directed to immediately setup a Control Room, if not already setup, and notify its mobile O. A. No. 362/2022 Aravalli Bachao Citizens Movement vs. Union of India & Ors.
-4- number, email id and web-portal for making of complaint regarding illegal mining by any member of the public/NGO, receiving such complaints and arranging conducting of timely raid for prompt action against the violators. Due publicity regarding setting up of the Control Room be also made by way of affixing public notices/display boards outside the Administrative Offices in Faridabad, Gurugram and Nuh on the website of the Haryana Government and also through Haryana Public Relations Department and Haryana State Legal Services Authority.
9. Affidavit of Chief Secretary, Government of Haryana and reports of the DGP, Haryana and Member Secretary, HSPCB have not been filed.
10. Learned Counsel appearing on behalf of respondents no. 2 to 6 seeks time for filing of the same.
11. The request is allowed. Affidavit of Chief Secretary, Government of Haryana and reports of the DGP, Haryana and Member Secretary, HSPCB may be filed within two months at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
12. List for further consideration on 13.03.2023.
13. In view of the facts and circumstance of the case, we also consider personal appearance of the officers duly authorized by PCCF (HoFF), Government of Haryana, Director, Mining & Geology, Government of Haryana and Director General of Police, Government of Haryana and Regional Officer, HSPCB before this Tribunal physically or through VC on the next date of hearing to be essential for producing the relevant record and assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are accordingly directed to remain present before this Tribunal physically or through VC on that date. O. A. No. 362/2022 Aravalli Bachao Citizens Movement vs. Union of India & Ors.
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14. Interim Injunctive order dated 10.10.2022 shall continue till further orders to the contrary.
15. The Deputy Commissioners, Faridabad, Gurugram and Mewat, Commissioners of Police Faridabad and Gurugram and Superintendent of Police, Mewat are directed to take requisite steps in accordance with order dated 26.02.2021 passed by this Tribunal in O.A No. 360/2015 titled as NGT Bar Association Vs. Virender Singh for preventing illegal mining.
16. A copy of this order be sent to the Chief Secretary, Government of Haryana, the PCCF (HoFF), the Director, Mining & Geology, and the Director General of Police, Government of Haryana, the Member Secretary, HSPCB, the Deputy Commissioners, Faridabad, Gurugram and Mewat, the Commissioners of Police Faridabad and Gurugram respectively and the Superintendent of Police, Mewat by email for requisite compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM November 29, 2022 AG