National Green Tribunal
Pooja Phillo vs State Of Odisha on 9 August, 2024
Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.66/2024/EZ
(Earlier O.A. No.20/2024/PB)
IN THE MATTER OF
Pooja Phillo & Ors.,
Nandapur Tahsil,
District- Koraput, Odisha.
..........Applicant(s)
Versus
1. Principal Secretary, Directorate of Geology,
Government of Odisha,
2. Collector, Koraput,
3. Secretary, Integrated Regional Office of Ministry of
Environment, Forests and Climate Change,
Bhubaneswar,
4. Member Secretary, Central Pollution Control Board,
5. Member Secretary, Odisha State Pollution Control Board,
6. Principal Secretary, Department of Mines and Geology,
Andhra Pradesh,
7. Member Secretary, Andhra Pradesh State Pollution Control
Board,
...........Respondent(s)
Date of hearing: 09.08.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : None
For Respondent(s) : Mr. Anand Prakash Das, ASC for R-1&2 (in Virtual Mode),
Mr. Dipanjan Ghosh Advocate for R-4,
Ms. Papiya Banerjee Bihani, Adv. for R-5 (in Virtual Mode),
Mr. TVS Raghavendra Sreyas, Adv. a/w
Mr. Siddharth Vasudev, Adv. for APPCB (in Virtual Mode)
1
ORDER
1. The Original Application No.20/2024/PB was registered by the New Delhi Bench of the National Green Tribunal taking cognizance of a letter petition submitted by the Applicants, Ms. Pooja Phillo and others.
2. Thereafter, the case was transferred to the Eastern Bench of the National Green Tribunal at Kolkata and has now been re-numbered as Original Application No.66/2024/EZ.
3. The Delhi Bench of the Tribunal also constituted a Joint Committee comprising of the following Members:-
(i) Central Pollution Control Board,
(ii) Odisha State Pollution Control Board,
(iii) Andhra Pradesh Pollution Control Board,
(iv) Collector, Koraput, Orissa,
(v) Integrated Regional Office of MoEF&CC, Bhubaneswar,
(vi) Directorate Geology, Odisha, and
(vii) Department of Mines & Geology, Andhra Pradesh
4. The Committee was directed to inspect the site in question and submit a factual report and also suggest remedial action.
5. The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-
X X X X "It is to be noted that the Tahsildar of Nandapur Tahsil Office, District-Koraput have been ignoring our demands when we approached for an explanation regarding Sobhaput Bridge construction which is towards Andhra Pradesh upto an extension of 400 meters it‟s construction have been done by RD Sunabeda, District-Koraput, Odisha.
But the Bridge road both side are now in the capture of Andhra Pradesh which is being claimed by the authorities of Andhra Pradesh basing on which Andhra Pradesh is constructing Mobile towers, schools and other institutions.
2 Instead of identifying the boundaries of the state the revenue officials of Nandapur Tahsil are also face shaving from their duties that the Sobhaput Bridge river is the natural boundary of Odisha border. When several people of Panthlung Grampanchayat informed this matter to the Tahsildar Nandapur he in a horrible way responded to the demands of the Grampanchayat Panthlung. More importantly the Tahsildar Nandapur without any fail have shaken his hands with the Sand mafias of Andhra Pradesh who have been illegally mining sand from Sudu, Sariapall, Mariput, Ratulput, Pradhaniput, Sobhaput and several other places. A special shed have been constructed near Padwa Badadebta Temple by the Mafias for entertaining the Tahsildar Nandapur with Booze and other favours. More importantly the Tahsildar Nandapur is not issuing "R n Y" form for the legal sand miners of Odisha.
Galganda- Duruba sand sairat, though the lease holder completed his quota of sand lifting the lease has been extended to one year more. Rather the Nandapur Tahsildar is charging the legal sand miners of Odisha with hefty fine of Rs 30000/- per trip to fulfil his own financial needs. Due to illegal sand lifting from the river by using JCP machine day by day the river is going to diper from the previous, by which the flowing of water going diper and side by farmers not able to use the river water for their farming. Thus we request you to kindly take stringent necessary action over this Tahsildar and immediately he should be removed from such important position. He is not treating his position as a Public Servant but a Public Monarch.
X X X X"
6. Counter-affidavit dated 20.05.2024 has been filed by the Central Pollution Control Board bringing on record the Joint Committee Inspection Report. The Report reads as under:
"Joint Committee report submitted to the Hon'ble NGT (EZ), Kolkata in OA 66 of 2024 (EZ) in the matter Pooja Phillo and Ors Versus State of Odisha & Ors, earlier registered as OA 20 of 2024 at Hon'ble NGT (PB)
1. Background The Original Application 20 of 2024 was registered at the Hon‟ble NGT, Principal Bench, New Delhi based on the letter petition received through post from Smt. Pooja Phillo, resident of Nandapur Tahsil, District- Koraput, Odisha.
3 In the letter petition, it is enumerated that due to illegal sand lifting from the Machkund river by using JCP machine day by day the river is going to deeper from the previous, by which the flowing of water going deeper and side by farmers are not able to use the river water for their farming.
The Hon‟ble NGT, Principal Bench heard the case on 19/02/2024 and directed the following:
"In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position and suggest appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Central Pollution Control Board, Odisha State Pollution Control Board, Andhra Pradesh Pollution Control Board, Collector, Koraput, Orissa. Integrated Regional Office of MoEF&CC, Bhubaneswar, Odisha, Directorate Geology, Odisha and Department of Mines and Geology, Andhra Pradesh and direct the same to undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponents, verify the factual position and suggest to the concerned Authorities appropriate remedial action. The Central Pollution Control Board will be the nodal agency for coordination and compliance."
Further, the matter was transferred to the Hon‟ble NGT, Eastern Bench, Kolkata.
The case is numbered as OA No 66 of 2024 and pending before the Hon‟ble NGT, Eastern Bench, Kolkata.
2. Formation of the Joint Committee In compliance to the Hon‟ble NGT directions, the Joint Committee was constituted with following members:
Sl Name Department Designation
1. Sri Q J Khan Directorate of Mines Joint Director
and Geology, Steel Geology,
& Mines Koraput
4
Department, Govt. of
Odisha
2 Sri Benudhar District Magistrate, Sub-Divisional
Sabar Koraput Magistrate
and Sub-
Collector,
Koraput
3 Dr B B Saritha Andhra Pradesh Environmental
Pollution Control Engineer
4 Sri D E V S S N Directorate of Mines Assistant
Raju and Geology, Govt. Director
of Andhra Pradesh
5 Sri Deepesh Odisha State Regional
Biswal Pollution Control Officer
Board, Regional
Office, Koraput
6 Sri Sandeep Nandi Ministry of Scientist „B‟
Envionment, Forest
& Climate Change,
Integrated Regional
Office,
Bhubaneswar
7 Smt Sowmya D Central Pollution Scientist „E‟
Control Board,
Regional Directorate,
Chennai
8 Sri Sandeep Roy Central Pollution Scientist „D‟
Control Board,
Regional Directorate,
Kolkata
3. Joint Committee Meetings and Site Inspection Central Pollution Control Board, Kolkata being the Nodal Agency in this matter, coordinated with all the concerned departments and the 1st Meeting of the Joint Committee was held on 28th March, 2024 via Video Conferencing for preliminary discussions and other associated activities including schedule for site visit. The Joint Committee decided to schedule the site visit on 04th April, 2024. 5 After the meeting, as per direction of Hon‟ble NGT, an email was also sent to the Applicant intimating about the date and time of inspection so that she may be present during site inspection. The applicant was also informed over telephone and via WhatsApp message service.
The Joint Committee visited the following locations on 04 th April, 2024 at Machkund riverbed at Nandapur Tahsil, Koraput, Odisha:
1. Sobhaput Bridge
2. Sand mining locations along the river at Sudu, Sariapall, Mariput, Ratulput, Pradhaniput and Sobhaput.
The applicant Smt. Pooja Phillo, with spouse, was present during the inspection and showed the locations of sand mining mentioned in Application.
4. Site Observations by Joint Committee w.r.t. Averments made by the Applicant Based on the inspection with reference to the averments outlined in the application, pointwise observation/factual position are provided for each averment as follows:
Observation w.r.t. Averment -1
4. 1 Averment -1:
Sobhaput Bridge construction which is towards Andhra Pradesh upto an extension of 400 metres its construction has been done by RD Sunabeda, District-Koraput, Odisha. But the Bridge and road on both sides are now in the capture of Andhra Pradesh which is being claimed by the authorities of Andhra Pradesh basing on which Andhra Pradesh is constructing Mobile towers, schools, and other institutions.
Instead of identifying the boundaries of the state the revenue officials of Nandapur Tahsil are also face shaving from their duties that the Sobhaput Bridge River is the natural boundary of Odisha border.6
Factual Position:
During the Joint Committee inspection, the Applicant was present and informed the committee that State boundaries between Odisha and Andhra Pradesh is not properly demarcated in Nandpur Tahsil, Koraput District i.e. the land adjacent to Shobhaput bridge and upto 400 m distance belongs to Odisha State. People from Andhra Pradesh is carrying out the sand mining activities without necessary permissions from concerned Authorities.
As per the documents furnished by the Department of Land and Revenue, Koraput, the mid line of Machkund river serves as a border boundary between Odisha and Andhra Pradesh. It is informed that the Bridge over River Machkund has been constructed by Road and Development, Sunabeda, Koraput of Odisha and connects Odisha and Andhra Pradesh.
As per Topo Sheet (No. 65 J/11/SW), published in the Year 1985 by Survey of India, the mid-line of River Machkund is demarcated as Border between the Odisha and Andhra Pradesh States.
In the Averment it is mentioned that the Bridge and road on both sides are now in the capture of Andhra Pradesh and authorities of Andhra Pradesh is constructing Mobile towers, schools, and other institutions. During the Joint Committee visit no such activities like construction of Mobile towers, schools and other institutions by the State of Andhra Pradesh in the area near the Shobhaput Bridge that belongs to Orissa was observed. The habitation/establishment area was only present in the Sithaganta Village of Andhra Pradesh which is 2 Km (Road distance approx.) from the bridge.
Observation w.r.t. Averment-2 4.2 Averment-2:
More importantly the Tahsildar Nandapur without any fail have shaken his hands with the Sand mafias of Andhra Pradesh who have been illegally mining sand from Sudu, Sariapall, Mariput, Ratulput, Pradhaniput, Sobhaput and several other places. 7 Factual Position:
i. Sand mining Policy in Andhra Pradesh:
In Andhra Pradesh, mining of Minor Mineral is governed by Andhra Pradesh Minor Mining Concession (APMMC) Rules, 1966. As per Government of Andhra Pradesh Industries and Commerce (M-III) Department Memo no. INC04- 26024/5/2021/A3-M-III dated 20.07.2021, sand mining is allowed for local consumption in 1st to 3rd order river streams, where sand deposits occur, less than 5000 cubic meters.
ii. Sand mining Policy in Orissa:
Any mining of Minor Mineral in Odisha is governed by OMMC Rules 2016, in which after auction of a sairat source (Sand Source- which may be leased out) the bidder or the lessee needs to submit approved Mining Plan as well as other Statutory Clearances like Environment Clearence, Consent to Establish, Consent to Operate from concerned Department.
iii. Factual position as per site visit to sand mining locations:
The Joint Committee visited Sudu, Sariapall, Mariput, Ratulput, Pradhaniput and Sobhaput regions from the Odisha side to verify any sand mining activities are being carried out. The Tahasildar, Nandapur and the concerned revenue inspector (RI) located the spots in the village sheet, all the spots are along the River Machkund. These areas featured in Survey of India Topo Sheet (SITS No-65J/11 (E44K11) wherein the State Boundary of Odisha and Andhra Pradesh follows the mid-line of River Machkund. In all the locations there were no indications of mechanized mining activities, however, it was observed that local populace from Andhra Pradesh, approached the River from Andhra Pradesh side only and manual mining was being carried out across the width of the river.
The officials of Directorate of Mines and Geology, Steel & Mines Department, Govt. of Odisha and Directorate of Mines and Geology, Govt. of Andhra Pradesh confirmed that the Departments have not identified or notified the aforesaid locations (Sudu, Sariapall, Mariput, Ratulput, Pradhaniput, Sobhaput) for commercial mining in River Machkund.8
The observations made at the locations visited are as follow: Location 1: Sudu Manual excavation of sand from the river bed below the water level of river is being carried out at the location. About 4 numbers of trucks out of which 2 numbers are Hyva are parked near the river and people were engaged in excavation and loading of sand. The river bank has been broken up by developing approach road to the loading site and a gorge has developed. 10 small dumps of sand were observed. The mining of sand is carried out in unscientific manner. This spot is in the meandering region of River Machhkund towards the Andhra Pradesh side.
Location 2: Sariapal The location is in the River Machhkund. Mining was not being carried out during the inspection, but it was evident from the physical remnant that sand mining was carried out unscientifically at the location. A dump of sand along the bank towards Odisha side was observed. The river bank was damaged by developing approach road for loading site and a gorge has developed in the Andhra Pradesh side.
Location 3: Pradhaniput Manual excavation of sand from the river bed below the water level of river was being carried out at the location in Pradhaniput. People were engaged in excavating sand across width of the River and dumping on the bank. The river bank was broken due to development of approach road to the loading site. More than 10 numbers of dumps of sand were observed. The mining of sand is carried out unscientifically as the spot is in the meandering region of River Machhkund towards the Andhra Pradesh side.
Location 4: Rutuluput-Mariput Any type of mining activity or dumping of sand in these spots were not observed. These spots are in the meandering region River Machhkund. The O/o Tahsildar- Nandapur (Odisha) is carrying out checking activities on regular basis of the area and in case of violation/illegal transportation of the sand, the penalty is being imposed towards Royalty & Ecological Damages purpose. In the 9 FY 2023-24, an amount of Rs 7,14,450 is recovered as Penalty from the violators.
Observation w.r.t. Averment -3 4.3 Averment 3:
Galganda- Duruba sand sairat, though the lease holder completed his quota of sand lifting the lease has been extended to one year more. Rather the Nandapur Tahsildar is charging the legal sand miners of Odisha with hefty fine of Rs 30000-/- per trip to fulfil his own financial needs.
Factual Position:
The Applicant is not aware about this Averment and stated, she did not make this complaint (Averment 3). The committee members visited the Galganda- Duruba sand sairat site and made following observations but Applicant was not interested and did not accompany with the committee.
Galaganda-Duruba-The Sairat Source for Sand is located at 18°21‟37.524‟‟N - 82°44‟19.966‟‟E along the Patala River which is a contributory to Jalaput Reservoir in the downstream of Koraput District, Orissa State. Sand has been stored in the river bank at Duruba. Similarly at Galaganda at 18°21‟2.962‟‟N - 82°43‟2.590‟‟E. The Sairat Source for Sand over an area of Ac 28. 65 or Ha 11.59 was auctioned on dt.11.06.2018 as per letter of Competent Authority Tahasildar Nandapur vide Lt.no-1161/18 dt.20.06.2018 for 5 years on long term basis. The first Mining Plan was approved vide Lt. No-996/KZ dt.24.07.2018 with year wise production of 1740 Cum for 2018-19, 1800 Cum for 2019-20, 1860 Cum for 2020-21, 1920 Cum for 2021-21 and 1980 Cum for 2022-23. A total of 9300 Cum for lifting of sand over five years as Minimum Guaranteed Quantity @ Rs.37/- per Cum and other levies. The lease agreement was executed on dt.27.03.2019 vide Lt. No- 646/2023 dt.28.03.2023 of Tahasildar Nandapur as per Odisha Minor Minerals Concession Rules (OMMC) Rules 2016 the lease is valid up to 26.03.2024, and hence Modification of Mining Plan up to 26.03.2024 was approved vide Lt. No- 292/KZ dt.19.04.2023.10
1. The Galganda- Duruba sand sairat is having lease area of 26.65 Acre under the Plot No. 480, 481 & 321, 322 (Khata No. 65 & 78 respectively). The mining lease was allotted by O/o Tahsildar- Nandpur (vide Letter No. 646/2023 dt. 26/03/23) to Sri Damburudhara Ramsingh w.e.f. 01/04/23 to 26/03/24. At present mining activities have been stopped and further lease validity procedure is not executed due to Code of Conduct in the State.
2. Galganda- Duruba sand sairat has not obtained Environmental Clearance and Odisha State Pollution Control Board does not have any record about this source.
3. No mechanized mining activity using JCB/Hydra or other Machineries is taking place in the area.
Observation w.r.t. Averment -4 4.4 Averment -4:
A special shed have been constructed near Padwa Badadebta Temple by the Mafias for entertaining the Tahsildar Nandapur with Booze and other favours. More importantly the Tahsildar Nandapur is not issuing "R n Y" form for the legal sand miners of Odisha.
Factual Position:
The Applicant was not able to furnish any information about the Averment. The complaint associated with the Averment was stated to not have been made by the Applicant.
5. General Observations:
During discussion with Applicant and Representatives, they were unable to provide the documents which have been submitted before Hon‟ble NGT- PB. Further, Applicant was unaware about some content in her Letter Petition as above. However, other people/representatives stated that the major concern in the area is border of the two States i.e. Odisha & Andhra Pradesh near Shobhaput Bridge over River Machkund.
6. Action plan for Remediation:
11
In view of above observations, following action plan for remedial are proposed by the Joint Committee:
1. The Department of Land and Revenue and Department of Irrigation of Andhra Pradesh and Orissa states may examine the boundary issues prevailing in Koraput district.
2. The District Magistrate (of concerned District in Odisha & Andhra Pradesh) may constitute a district-level committee for anti-
illegal sand mining measures as per guidelines on "Enforcement & Monitoring Guidelines for Sand mining" (2020) published by MoEF&CC.
3. District Magistrates shall ensure sand mining activities are carried out as per EIA Notification, 2006 and Sustainable Sand Mining Management Guidelines,2016. Strict regulations maybe enforced in governing sand mining activities, including obtaining proper permits and adhering to environmental guidelines.
4. All mining activities in the river should be allowed only on the basis of Environmental Clearance from SEIAA, except for very limited activities which are exempted by MoEF & CC Notification S.O. 1224 (E) Dt 28/03/2020. The Mining Depts in both the States may examine their existing provision for allowing mining in terms of conformity with said Notification and if required, it may modify the existing provisions to align them with the notification.
5. Mining must be done only after obtaining Mining Plan, Environmental Clearance, and Consent to Operate from the State Pollution Control Board. Competent authorities shall lease out the sand sairat sources only after due verification of above statutory clearances.
6. Installation of check gates in areas of sand mining is recommended. This step is key factor for directing legal transportation and ensuring that only approved routes are used for the movement of sand.
7. It is recommended to increase surveillance efforts through the deployment of law enforcement agencies, including police and forest officials, to monitor the area for any illegal sand mining activities. It is suggested to carry regular police patrols in the affected area to check for illegal sand mining and transportation even during odd hours. By maintaining a continuous police presence, authorities could effectively enforce regulations and timely respond to any unlawful operations.
8. It is recommended to Conduct regular remote sensing or drone surveys to check any illegal mining in the area by the Department 12 of Mines & Geology / Remote Sensing Agencies. Utilizing modern technologies such as drones, satellite imagery, and GPS tracking will enhance monitoring capabilities and will be helpful to detect illegal activities more effectively.
9. The local communities living in the area may be engaged and awareness may be conducted about the negative impacts of illegal sand mining on the environment, water resources, and livelihoods. Community participation may be encouraged in monitoring efforts and reporting of any suspicious activities to the authorities promptly."
7. The site observation of the Committee shows that the said boundaries between Odisha and Andhra Pradesh have not been properly demarcated in Nandapur Tahsil, Koraput District i.e. the land adjacent to Shobhaput bridge and upto 400 m distance belongs to Odisha State. It is mentioned that people from Andhra Pradesh are carrying out the sand mining activities without necessary permissions from concerned Authorities.
8. The Report mentions that the mid line of Machkund river serves as a border boundary between Odisha and Andhra Pradesh and the Sobhaput Bridge serves as a connection between Odisha and Andhra Pradesh. It is stated that the Bridge over the River Machkund has been constructed by Road and Development, Sunabeda, Koraput of Odisha, connecting Odisha and Andhra Pradesh.
9. The Report further mentions that during the visit of the Committee no such activities like construction of Mobile towers, schools or other constructions were observed being carried out by the State of Andhra Pradesh in the area near the Shobhaput Bridge that belongs to Odisha. Habitation/establishment area was only present in the Sithaganta Village of Andhra Pradesh which is approximately 2 Km from the bridge.
13
10. It is also stated that as per the Government of Andhra Pradesh Industries and Commerce (M-III) Department Memo dated 20.07.2021, sand mining is allowed for local consumption in 1st to 3rd order river streams, where sand deposits occur, less than 5000 cubic meters.
11. The Joint Committee also visited Sudu, Sariapall, Mariput, Ratulput, Pradhaniput and Sobhaput regions from the Odisha side to verify any sand mining activities are being carried out. The Tahasildar, Nandapur and the concerned revenue inspector (RI) located the spots in the village sheet, and all the spots were found to be along the River Machkund.
12. It is stated that these areas also featured in the Survey of India Topo Sheet (SITS) No-65J/11 (E44K11) wherein the State Boundary of Odisha and Andhra Pradesh follows the mid-line of River Machkund. In all the locations there were no indications of mechanized mining activites, however, it was observed that local populace was carrying out manual mining of sand from River Machkund.
13. It is stated that the local populace from the side of Andhra Pradesh, approached the River and manual mining was carried out across the width of the river.
14. The Report further mentions that the officials of the Directorate of Mines and Geology, Steel & Mines Department, Govt. of Odisha and Directorate of Mines and Geology, Govt. of Andhra Pradesh confirmed that the Departments have not identified or notified the aforesaid locations (Sudu, Sariapall, Mariput, Ratulput, Pradhaniput, Sobhaput) for commercial mining in River Machkund. 14
15. At the Sudu locations, the Committee observed that manual excavation of sand from the river bed below the water level of river was being carried out; 4 trucks out of which 2 were Hyva, were parked near the river and people were engaged in excavation and loading of sand; the river bank was broken up by developing approach road to the loading site and a gorge has developed; 10 small dumps of sand were observed; mining of sand was being carried out in an unscientific manner. This spot was found to be out of the region of River Machkund towards Andhra Pradesh side.
16. As regards Sariapal, the Report mentions that there was no mining being carried out during inspection but physical remnants showing sand mining being carried out unscientifically was observed; dump of sand along the river bank towards Odisha side was observed; the river bank was damaged by developing approach road for loading site and a gorge had developed in the Andhra Pradesh side.
17. As regards Pradhaniput, the Committee observed that manual excavation of sand from the river bed below the water level of the river was being carried out; people were engaged in excavation of sand across the width of the River and there was dumping of sand on the river bank; the river bank was broken due to developing of approach road to the loading site; more than 10 dumps of sand were observed; mining of sand was being carried out unscientifically and the area is in the River Machkund towards Andhra Pradesh side.
18. As regards location of Rutuluput-Mariput, the Committee observed that no activity of sand mining or dumping of sand was observed. The area is in the meandering region of River Machkund. The 15 Tahsildar-Nandapur (Odisha) is carrying out checking activities on a regular basis in the area.
19. It is also stated that in the Financial Year (FY) 2023-24, an amount of Rs. 7,14,450 has been recovered towards Penalty.
20. The Report further mentions that the Committee Members visited the Galganda-Duruba sand sairat site but the Applicant did not accompany the Committee. The Committee observed that the Sairat Source for Sand is located at 18º 21' 370524"N - 82º 44' 19.966" E along the Patala River which is a contributory to Jalaput Reservoir in the downstream of Koraput District, Orissa State. Sand had been stored on the river bank at Duruba and Galaganda. The Sairat Source for Sand over an area of 28.65 acres or 11.59 Ha was auctioned on 11.06.2018 by the Tahasildar Nandapur for five years. Lease agreement was executed on 27.03.2019 and lease is valid upto 26.03.2024. It is stated that the first Mining Plan was approved vide Letter dated 24.07.2018 with year wise production of 1740 Cum for 2018-19, 1800 Cum for 2019-20, 1860 Cum for 2020-21, 1920 Cum for 2021-22 and 1980 Cum for 2022-23, a total 9300 Cum for lifting of sand over five years as Minimum Guaranteed Quantity (MGQ) at Rs. 37/- per Cum and other levies.
21. As regards Galganda-Duruba sand sairat, it is stated that the same has a lease area of Ac 26.65 decimal under Plot No. 480, 481 & 321, 322 (Khata No.65 & 78 respectively). It is stated that the mining lease was allotted by the Tahsildar- Nandapur (vide Letter No.646/2023 dt 26/03/23) to Sri Damburudhara Ramsingh w.e.f. 01/04/23 to 26/03/24 but at present mining activities had been stopped and further lease validity procedure could not executed due to Model Code of Conduct (MCC) in the State. 16
22. It is stated that Galganda-Duruba sand sairat has not obtained Environmental Clearance and Odisha State Pollution Control Board does not have any record about this source. No mechanized mining activity using JCB/Hyva or other Machineries was found in the area.
23. The Committee has also made certain recommendations in its Report with an Action plan for Remediation (APR) which has been proposed with the Department of Land and Revenue and Department of Irrigation of Andhra Pradesh and Orissa to examine the boundary issues prevailing in Koraput district.
24. It is also recommended inter alia, that the (District Magistrates of the concerned districts in Odisha and Andhra Pradesh) may constitute a district-level committee for prevention and taking measures against illegal sand mining as per "Enforcement & Monitoring Guidelines for Sand mining" (2020) issued by the MoEF&CC.
25. We have considered the Joint Committee Inspection Report and we find that illegal sand mining using Hyva trucks has been found to be carried out in Sudu area at the spot in the meandering region of River Machkund towards Andhra Pradesh.
26. Similarly, illegal mining activities have been observed at the sand site in Pradhaniput on the Andhra Pradesh side in the area meandering region of River Machkund towards Andhra Pradesh. Similarly, illegal sand mining in an unscientific manner was found being carried out at the Sariapal where physical remnants of sand mining was found on the Odisha side and at Rutuluput-Mariput on the Odisha side where mining activities have been carried out in the past and penalties have also been recovered. Illegal sand 17 mining has also been found to be carried out in Galganda-Duruba where sand has been stored in the river bank at Duruba and Galganda. The committee has also noted that at places the river bank has been broken to make way for the approach road connecting to the loading site. This is a serious matter which shows damage to the river bank which if not corrected and not checked for future will lead to disastrous consequences to the riverine ecology. Preventive measures have been recommended to be taken with regard to both the State of Odisha and Andhra Pradesh.
27. The Enforcement and Monitoring Guidelines for Sand Mining 2020 issued by the Ministry of Environment, Forest and Climate Change, New Delhi mandates Monitoring of Mining near Inter-district or inter-state boundary and provides that:-
a) The districts/state sharing the boundary shall constitute the combined task force for monitoring of mined materials, mining activity and also should actively participate in the preparation of DSR by providing appropriate inputs.
b) The task force shall meet every quarter to reconcile the data collected during the period and identify any gap/lapses based on the outcome of such meeting. The respective district shall take action/corrective measures.
c) The Guidelines provide that the task-force shall include essentially the representative of respective districts from the mining department, transport department, regional office of State Pollution Control Board (SPCB) concerned and a reputed citizen nominated by district administration. The Taskforce shall be headed by officer not less than ADM rank and quarterly outcome shall be submitted to District administration. 18
The Committee provides for standard operating procedure for assessing illegal mining by the committee constituted and it is provided that the Committee shall, but not be limited to, include the steps given in the following table given in the guidelines which reads as under:-
Suggestive standard Practice for assessing illegal mining Step 1 The assessment team should collect the information and documents prescribed in the Pre-Requisite section. Step 2 The assessment team should verify the applicability/validity of statutes under EPA-1986, Air and Water Act, MMDR 1957, State Mines and Mineral Rules, etc. Step 3 Field visit should be conducted for identification of mining lease area (in hectare) and boundary pillar constructed to indicate the same.
Step 4 With the help of GPS instrument, the team should assess the area where any extraction or mining have been carried out on the day of visit and calculate the mined-out area in a hectare.
Step 5 If available, the team may avail the use of latest satellite images for calculating the total mined out area. Step 6 The team should verify the Ground / Surface Level (in meter above MSL) of at least 04 highest points in or around the area where mining has been done. The Ground / surface level will then be computed based on averaging of 04 highest points verified by the team.
Step 7 With the help of Depth Measurement kit or any depth measuring instruments, the depth should be measured for at least 04 points in the mined-out area.
For computing, the depth, averaging of the value obtained at 04 points should be done.
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Step 8 Verification of compliance conditions of Environmental Clearance and Consent to operate, mining methodology under Mining Plan.
Step 9 Identification of vulnerable impacts observed on the field and non-compliance of conditions of Environmental Clearance and Consent to Operate.
Step 10 Field Survey for identification, monitoring and verification of ecological species based on the information available and documents mentioned in the Pre-requisite section. Step 11 Preparation of inventory of machinery used/observed on the field (optional) Step 12 Preparation of inventory of hydraulic structures observed on the field (optional) Step 13 Water sampling for assessment of water quality including physical and biological parameters. (optional) Step 14 Reconciliation collation of data/information and compilation to maintain violation.
Step 15 Identification of restoration plan and computation of cost of the restoration plan.
28. We, therefore, dispose of this Original Application No.66/2024/EZ with a direction to the Chief Secretaries of Andhra Pradesh and Odisha to forthwith take steps for constituting a Committee as provided in the Enforcement and Monitoring Guidelines for Sand Mining 2020 and ensure strict and due compliance of the aforesaid Guidelines to prevent illegal sand mining mechanical or otherwise.
29. The State Respondents shall also take steps forthwith for taking appropriate legal action against illegal miners as well as for computation of Environmental Compensation. Action in this regard shall be taken within two months and action taken report shall be 20 filed by the Member Secretaries of the State Pollution Control Board, Odisha and Andhra Pradesh respectively by 30.11.2024.
30. I.As., if any, stand disposed of accordingly.
31. There shall be no order as to costs.
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B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM August 09, 2024, Original Application No.66/2024/EZ (Earlier O.A. No.20/2024/PB) OM 21