National Green Tribunal
Sri Sunkara Swamy Naidu Welfare ... vs The Union Territory Of Pudhucherry, ... on 19 May, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No. 03 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 184/2017(SZ)
Sri Sunkara Swamy Naidu Welfare Organization Applicant
Versus
Union of India and Ors. Respondent(s)
Date of hearing: 19.05.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
Applicant(s): Mr. S. Kishore Kumar, Advocate
For Respondent(s): Mr. Alex, Advocate for R1, R3, R5 & R12.
Mr. G.M. Syed Nurullah Sheriff, Advocate for R2.
Mrs. Madhuri Donti Reddy, Advocate for R4, R6 to R11.
Mrs. A. Sathyabama, Advocate for R13.
Mr. Thirunavukarasu, Advocate for CPCB.
ORDER
The Issue raised by the Applicant
1. Grievance in this application is against illegal sand mining in the Gowthami and Vurudha Gowthami Godavari River and its tributaries, rivulets and channels, river mouth and estuary from Yanam Region of Puducherry to Kotipalli Village of Andhra Pradesh i.e. on the borders of Yanam of the Union Territory of Puducherry and Konasema District of Andhra Pradesh.
2. According to the applicant, illegal sand mining is taking place in CRZ area at a point where river Gowthami Godavari enters the sea at Yanam. Further, Godavari narrows down in Yanam, before opening up.
There are human settlements and also Agriculture activities along the banks. The river is in spate and full flow especially during monsoon.
There is no Environmental Clearance (EC) or permission. Mining is also taking place instream through boats almost about 300 truck loads a day.
About 40 boats are engaged 24*7 and the trucks transporting sand in queues is a common sight in Yanam. The pictures of the same amply demonstrate the magnitude of the activity. Instream sand mining results in threats to bridges, riverbanks and nearby structures. It affects groundwater table. It destroys aquatic and riparian habitats and effects large changes in channel morphology. The impacts include bed degradation, bed coarsening, lowered water tables near the streambed and channel instability. These physical impacts cause degradation of riparian and aquatic biota and may lead to the undermining of bridges and other structures. Continued extraction may also cause the entire streambed to degrade to the depth of excavation. Quarrying of sand in Yanam, U.T of Puducherry, leads to huge scam in crores of rupees bringing revenue loss to Government of Puducherry and Government of Andhra Pradesh. Previously, Government of Puducherry had collected an amount of Rupees 2,67,30,000/- by Yanam Municipality towards the seigniorage fee as per rule of Puducherry Minor Mineral (Concession) Rules, 1977 for leasing and dredging of sand by M/s. Dharti Dredging and Infrastructure Ltd for M/s. Gujarat State Petroleum Corporation, after dredging the Sand from Godavari river the Puducherry Pollution Control Board seized the Company Machineries and orders had issued to stop all the activities conducted by M/s. Darthi for no clearances and permissions and from M/s. RIL the Yanam Municipality had collected 5,47,20,000 Rupees for sand dredging through G.O NO-176 from Government of Andhra Pradesh as 40% share.
3. The applicant has also referred to proceedings before the Andhra Pradesh High Court about inter-se rights of the Municipality and the State. It is stated that joint inspection was conducted as per orders of the High Court and illegality of mining was established. The High Court directed remedial action.1 Per day, 300 tractors of illegal sand is transported to neighboring States (Andhra Pradesh) with cost of Rs. 1500 per each tractor load, that is 4.5 lakhs per day and 1.35 crores per month without paying any cess to the Andhra Pradesh Government or Puducherry Government. Yanam Region is situated at the coastal region of Konasema District (erstwhile East Godavari district near Kakinada), 25 Km towards north Amalpuram, 35 KM towards south Kotipalli, 18 KM towards west from the center core area of Yanam and 13 Km towards east Bay of Bengal Sea from Core area of Yanam.
Procedural History - stand of opposite parties and factual reports
4. The application was filed on 17.08.2017 and came up for hearing on 29.08.2017. The Tribunal issued notice to the respondents, including CZMA Puducherry, CZMA Andhra Pradesh, Mining Departments/States of AP and Puducherry and Collectors, East Godhavari District (now part of the area is District Konaseema of AP) and Puducherry. Some of the contesting respondents have filed their respective responses. In pursuance of orders of this Tribunal requiring verified factual reports, such inspection reports have been filed to which reference will be made later.
5. Vide order dated 08.01.2020, the Tribunal constituted a Committee comprising of District Collector, East Godhavari, Regional Administrator Yanam and the Directors of Mining and Geology of State of AP and 1 In W.P. No. 32721/2013 filed by one Sri. V. Srinivasarao Puducherry, State Coastal Zone Management Authorities of both the States, Regional Office CPCB at Bangalore, AP State PCB and State Pollution Control Committee of Puducherry to submit a factual report with reference to allegation of illegal mining mentioning the action taken, if any, if the illegality of mining is found.
6. Report dated 27.08.2020 was filed by the Committee which was inter-alia considered vide order dated 27.08.2020. The report confirmed illegal mining which was also in violation of CRZ Notification, 2011. The Tribunal noted that no remedial action had been taken. Accordingly, directions were issued for taking remedial action, including recovery of compensation. Further report dated 27.02.2021 was filed which was considered vide order dated 01.03.2021. The Tribunal found that the report was not categorical about the components of the compensation.
Accordingly, a further report was directed to be filed. Further, report dated 13.12.2021 was filed which was noted in the order dated 15.12.2021. Since there were objections to the report, the applicant and other parties were permitted to file their objections. Apart from above, action taken reports have been filed by the Deputy Director of Mines and Geology, Kakinada, AP on 19.05.2022.
Consideration, Finding and Directions
7. We have heard learned Counsel for the parties and perused the record. Question for consideration is whether illegal mining is taking place in Godavari and in its tributaries and also estuaries in Yanam Region on the borders of AP and Puducherry. If so, whether remedial action taken is adequate and if not what further action needs to be taken.
8. It is well settled that mining is hazardous activity and not only results in loss of valuable resources but also in soil erosion resulting in shoreline changes and air and water pollution. It also has adverse impact on the nesting sites of turtles, breeding grounds as well as habitat of other marine and estuarine organism. Reference is made to MC Mehta, (2004) 12 SCC 118, paras 42 to 52, Sanjay vs NCT, (2014) 9 SCC 772, pr 32, Goa Foundation (2014) 6SCC 590, pr 82.
9. CRZ Notification 2011 prohibits mining in CRZ area. Para 3 (x) of the Notification is as follows:
"3. Prohibited activities within CRZ, - The following are declared as prohibited activities within the CRZ:
xxx ....................................xxx................................xxx
(x) Mining of sand, rocks and other sub-strata materials except,-
(a) those rare minerals not available outside the CRZ area,
(b) exploration and exploitation of Oil and Natural Gas."
10. Mining by fisherman for navigation purposes was subsequently allowed by an amendment with which we are not concerned in the present case. The area in question is admittedly in CRZ. Remedial action has to be in the form of prosecution for violation of CRZ Notification and recovery of compensation on 'Polluter Pays' principle. Recovery of compensation for illegal mining has to be equal to the value of mined material in view of Section 21 (5) of the MMDR Act, 1957, as held by the Hon'ble Supreme Court in Common Cause vs. Union of India & Ors., (2017) 9 SCC 499. The illegal mining also amounts to theft as the minerals vest in State as held in (2021) 2 SCC 670, Jayant vs. MP. In the present case, there is neither any permission for mining nor such permission can be given in view of prohibition under the CRZ Notification. There is also no impact assessment, as required in terms of judgement of the Hon'ble Supreme Court in Deepak Kumar, (2012) 4 SCC 629 prs 9-10.
11. For factual position, reference may be made to latest report of the joint Committee dated 13.12.2021 as follows:
"III Findings of the Committee as per report submitted to Hon'ble NGT during July, 2020 As per the allegations made in the complaint, the study area is the 23KM stretch of River Godavari from Kotipalli, Andhra Pradesh to Yanam, Puducherry. The committee visited the entire 23 KM stretch of River Godavari from Kotipalli, Andhra Pradesh to Yanam, Puducherry and also visited sand reaches that were mentioned in the complaint. Totally the committee visited-16 locations. Significant observations made by committee is as follows:
1. As per the East Godavari coastal zone management plan as per CRZ Notification, 2011, the sand reaches Pasuvalanka, Pillanka, Peddalanka, Govalanka and pathinjaram attract the provisions of CRZ-III.
2. As per A.P WALTA Act, 2002 and A.P WALTA Rules 2004 based on which the sand mining policies are derived, "The streams / rivers where the thickness of sand is quite good (more than 8.00Meters)' the depth of removal may be extended to 2.00 Meters but in no case beyond two meters". Mining can be permitted only (to maximum of 1 m depth) in areas where the thickness of sand is more than 3m and mining should not be carried out in areas where thickness of sand is less than 3m. But the thickness of sand in the reaches in East Godavari district is not assessed before starting the mining activity. The depth upto which mining is carried out is also not monitored during operation.
3. Mining is taking place in open reaches on river bed. In the boat reaches, mining is carried out by open cast manual method by scooping of sand directly by river. In other open reaches on river bed, mining is taking place by the use of tractors, tippers & JCB and heavy vehicles such as JCB & trucks are plying on the river bed against the mining plan.
4. There is no demarcation of the boundaries in the sand reaches. As per the satellite images and by physical verification it is observed that mining is taking place beyond the area permitted for mining.
The actual depth of mining in the reaches is varying from 1.8m to 3.2m against the permitted depth of 1 m.
5. Though the new sand mining policy stipulates installation of CCTV cameras & weigh-bridges in all the sand reaches but presently CCTV camera is installed only in Atreyapuram reach.
6. In stream manual mining is taking place in Yanam, Puducherry by local fishermen community.
7. During the committee visit, illegal mining is taking place in Pathinjaram, Brahmapuri and Maskapalli sand reaches. APPCB has issued notices to Mines Department on March 3, 2020 to stop unauthorized operations in these reaches and to obtain valid CFE &CFO before starting the operations.
8. The local fishermen community is employed for mining of sand and it may serve their livelihood.
9. The reaches are not having proper approach roads.
IV Actions Taken by Andhra Pradesh Pollution Control Board and Department of Mines In compliance to Hon'ble NGT order Andhra Pradesh Pollution Control Board and Department of Mines and Geology have taken following actions:
1. APPCB, Regional Office, Kakinada issued Notice to Deputy Director of Mines and Geology, Kakinada against illegal operation of three sand reaches Maskapalli, Pathinjaram and Brahmapuri. Copy of Notice is placed as Annexure-II
2. APPCB Regional Office, Kakinada issued Show-Cause Notice to Deputy Director of Mines and Geology, Kakinada for operating the sand reaches namely peddalanda, pasuvalanka, pillanka, govalanka, Korumilli, Muramula against AP WALTA Rules and CFO conditions issued to the reaches. Copy placed as Annexure-Ill
3. Deputy Director of Mines and Geology, East Godavari have submitted the action taken report and same is placed as Annexure-1V. It is reported by Department of Mines and Geology that due to monsoon in July, 2020 the sand reaches are submerged. Further in Kapileswaram and Jonnada reaches, Rs.1,00,000/- per reach fine is imposed for violating the conditions.
V Corrective measures taken by Department of Mines in compliance to Hon'ble NGT orders and as per the recommendations of committee
1. 282 CCTV cameras and 14 weigh bridges were installed by M/s APMDC in East Godavari district. CCTV cameras were installed in all approved sand reaches.
2. Vehicles used for transportation of sand are fitted with GPS and only GPS enabled vehicles- are used for transportation of sand to curb illegal activity. 3513 vehicles fitted Page 4 of 12 with GPS are empaneled with Department of Mines and sand is transported by these vehicles only.
3. Govt. of Andhra Pradesh has established a Special Enforcement Bureau to control the illegal sand mining
4. Mining is carried out in the reaches only after obtaining Consent for Establishment, Consent to Operate from APPCB. No mining is carried out in reaches which attracts CRZ provisions.
VI Assessment of Environmental compensation
1. As per the allegations made in the complaint, the committee visited the entire 23KM stretch of River Godavari from Kotipalli, Andhra Pradesh to Yanam, Puducherry. During inspection and through satellite images the committee did not observe any damage to environment or civil structures. The committee however observed certain deviations in the mining activity. Out of 16 sand reaches inspected by the committee, 15 sand reaches are located in Andhra Pradesh, out of which 14 sand reaches in A.P are operating by obtaining necessary Mining lease and CFE & CFO from APPCB. Sand excavation is carried out in Yanam region of Puducherry by native fishermen to remove sand dunes in the river that obstruct movement of boats. The committee submits that as per the report received from Department of Mines, due to heavy rains during July, 2020 there was floods in river Godavari and all the sand reaches were submerged and sand is replenished.
2. The committee observed that in 13 sand reaches located in AP, there were certain non-compliances with mining lease/ CFE & CFO'. The non-compliances observed by the committee and measures suggested are as follows:
3. In seven sand reaches listed in table-1, mining was carried out beyond permitted depth or permitted area but however the total quantity of sand mined in these seven reaches is within the permitted quantity. It was reported by Department of Mines that the mining was stopped in the sand reaches mentioned in table 1 after the permitted quantity was extracted. In these sand reaches Penalty is imposed by, Department of Mines on the contractors of sand reaches as per 'Andhra Pradesh Minor Mineral Concession Rules (APMMC Rules), 1966 where mining was carried out beyond permitted depth or outside the permitted boundary.
Table 1: list of seven sand reaches where penalty is levied by Department of Mines SI. Name of sand reach Violation Penalty levied No by Department 1 Pasuvulanka-2 sand Actual Depth of Rs. 1,00,000/-
reach Pasuvulanka mining is more than village, Polavaram the permitted depth Mandal 2 Peddalanka sand Mining carried Rs.1,00,000/-
reach, peddalanka outside the
village, Kajuluru permitted area
Mandal
3 Pillanka sand reach, Mining carried Rs.1,00,000/-
Pillanka village, outside the
Tallarevu Mandal permitted area
4 Muramulla sand Actual Depth of Rs.1,00,000/-
reach, Muramulla mining is more than
village, Polavaram the permitted depth
Mandal
5 Govalanka sand Actual Depth of Rs.1,00,000/-
reach, pillanka mining is more than
village, Tallarevu the permitted depth
mandal
6 Patha injaram Mining carried Rs.1,00,000/-
outside the
permitted area
7 Maskapalli sand Illegal excavation Rs.1,00,000/-
reach, Maskapalli for local village
village, needs with the
pamarrumandal permission of
Tahsildar
Total Rs. 7,00,000/-
4. In six reaches listed in table-2, mining was carried out beyond permitted area and excess quantity of sand was mined. Quantity of sand illegally mined is enclosed as Annexure-V. For the excess sand mined, the committee has considered it as illegal mining and assessed Environmental Compensation for the quantity of sand illegally mined. In compliance to Hon'ble NGT orders, committee has calculated EC based on Approach-1 of Hon'ble NOT order dated 26-02-2021 in the matter of OA 360/2015 (PB). The prize of the sand fixed by Government of AP is Rs.190.50 /- per cubic meter at the reach and it is used for calculating EC. As per Approach-1, EC is ascertained using formula:
EC=D * (I +RF + DF) Where EC= Environmental Compensation RF=Risk Factor= 0.25 DF= Deterrence Factor (DF).
D = Excess Extraction x Market Value-of the material-per-
MT-or-m3
DF = 0.3 if Z/X = 0.11 to 0.40 DF
=0.6 if Z/X = 0.41 to 0.70
=1 if Z/X >= 0.71
Where Z is Excess Extraction in m3 and X is permitted extraction in m3 S. Component Amount Amount No per Ton per CbM RS RS 1 Revenue for incidental Expenditure for policy 204 implementation (Incl 5% GST on Sand) 2 Seigniorage Fee 33 3 DMF 98°10 9.8 4 DMF 2% 0.2 5 Merit 1 6 Operational Cost & Service Charge- 127 190.50 APMDC Total 375 Table 2: list of six s and reaches where excess quantity of sand is mined Name of sand reach Extent of Depth of Permitted Total Excess Exceedance D Compensation area excavation quantity extracted extraction in extraction charge excavated observed in m3 X quantity in m3 Z Z/X in sq.m by the in m Y 3 committee
- -- Where D = Z x Market Value-
of thematerial-
per-MT-or-m3 Korumilli sand 3192 sqm 2m 3192 6384 3192 1 608076 1368171 reach, korumilli village, Kapileshwaram mandal Kapileshwarapuram 2372 sqm 2m 2372 4744 2372 1 451866 1016698.50 village and mandal Jonnada village 9292 sqm 1.7m 9292 15796 .6504 0.699956952 1239012 2292172.2 alamuru mandal Atreyapuram sand 3045 sqm 1.7m 3045 5177 2132 0.700164204 406146 751370.10 reach, Atreyapuram mandal Ankampalem-2, 9292 sqm 3m 9292 27876 18584 2 3540252 7965567 Ankampalem village, Atreyapuram mandal Pulidindi-2, pulidindi 11,310 3.3m 11310 37323 26013 2.3 4955476.5 11149822.12 village, Atreyapuram sqm Total Environmental Compensation is Rupees Two Crore Forty Five lacs Forty Three Thousand Eight Hundred and Rs.2,45,43,801/- one only. The committee has used Approach I of the another Committee recommendation in the Report dated 30.01.2021 in OA 360 of 2015 for calculating the EC for illegal mining in the present case. VII Recommendations of the committee 1 District Survey Report shall be prepared and the quantity of sand reserves shall be assessed. Scientific methodology shall be adopted to assess the quantity of sand deposited in the reaches.
2 Approved Mining plan shall be taken into consideration while issuing EC/CFE/CFO. Approved mining plan should also indicate measures to be taken for safe and proper closure of sand mine/ stockyard.
3 Ramps shall be established without obstructing natural flow of water in consultation with Water Resource Department.
4 All the sand reaches shall be geo-fenced. In addition, the boundaries permitted for the sand reach as per mining lease; CFE/ CFO shall be demarcated in the field by erecting poles.
5 Adequate number of CCTV Cameras shall be installed at prominent places in the reaches to curb any illegal sand removal.
6 Every reach shall maintain production & dispatch registers and vehicles registers. Actual quantity of sand extracted, dispatched shall be recorded in the registers.
7 The vehicles carrying sand are to be fitted with Vehicle Tracking GPS devices to monitor their movement and stop illegal hoarding of sand and prevent black marketing.
8 The contractors of the following seven reaches shall pay total penalty of Rs. 7,00,000/-(Rupees Seven lakhs only) to Department of Mines & Geology, Govt. of Andhra Pradesh as per APPMC Rules, 1966 as briefed in below:
Sl. Name of sand reach Penalty levied by No Department of Mines 1 Pasuvulanka-2 sand reach Rs.1,00,000/-
Pasuvulanka village, Polavaram Mandal 2 Peddalanka sand reach, Rs.1,00,000/-
peddalanka village, Kajuluru Mandal 3 Pillanka sand reach, Pillanka Rs.1,00,000/-
village, Tallarevu Mandal 4 Muramulla sand reach, Rs.1,00,000/-
Muramulla village, Polavaram Mandal 5 Govalanka sand reach, pillanka Rs.1,00,000/-
village, Tallarevu Mandal 6 Patha injaram Rs. 1,00,000/-
7 Maskapalli sand reach, Rs.1,00,000/-
Maskapalli village, pamarru mandal Total penalty of Rs. 7,00,000/- (Rupees Seven lakhs only) to be paid 11 to Department of Mines & Geology by the contractors of seven sand reaches
9. The contractors of the following six reaches shall pay total Environmental Compensation Rs. 2,45,43,801/- to APPCB.
Sl. Name of sand reach Quantity of EC in INR
No sand illegally
mined
1 Korumilli sand reach, 3192 ml. 13,68,171/-
korumilli village,
Kapileshwaram
mandal
2 Kapileshwarapuram 2372 m3 10,16,698,50/--
village and mandal
3 Jonnada village 6504 m3 22,92,172.2/-
alamuru mandal
4 Atreyapuram sand 2132 m3 7,51,370.10/-
reach, Atreyapuram
mandal
5 Ankampalem-2, 18584 m3 79.65,567/-
Ankampalem
village, Atreyapuram
mandal
6 Pulidindi-2, pulidindi 26013 m3 1,11,49,822.12/-
village, Atreyapuram
mandal
Total 58797m3 Rs.2,45,43,801/-
Total Environmental Compensation of Rupees Two Crore Forty Five lakh Forty Three Thousand Eight Hundred and one shall be paid by the contractors of above sand reaches to Andhra Pradesh Pollution Control Board
12. The applicant has filed objections to the report on 10.02.2022 as follows:
"xxx .................................xxx...................................xxx
b) The entire pleadings of the 3rd respondent in their second counter affidavit is based on G.O. No.17 dated 20.11.2020 issuing guidelines for collection/removal of sand bars by Traditional community in Yanam and based on permission given by 7th Respondent by letter No. AB/A5/7 REV dated 31.01.2020, who is also the River Conservator for Godavari River. However, The geo-coordinates mentioned in the permission granted by 7th Respondent does not match with the geo-coordinates of the area for which report is given by the Department of Ocean Engineering, IIT, Madras. As a matter of fact, the permission was granted by 7th Respondent only on the request of 3"' Respondent for sand excavation in Yanam region for construction purpose, however the 3rd Respondent has stated in the counter that the mining is being conducted for removing of sand bars for navigation of boats and for livelihood of the local fisherman.12
c) The action of 3rd Respondent getting technical opinion from the Department of Ocean Engineering, IIT, Madras with false and fake geo co-ordinates in the said area for mining of sand will only favour the illegal sand excavating persons/ sand mafia.
d) It is most respectfully submitted that the sand mafia has tailor made boats for illegal sand mining and this Applicant has made repeated complaints to the authorities, but the same has been not acted upon.
e) The report of the Jawaharlal Nehru Technical University, Kakinadu, which is a Central University, would prove that the depth of river is sufficient for movement of mechanised and non-mechanised boats, as non-mechanised boats/ catamarans can traverse with water of 3 feet depth and mechanised boats needs only 4 feet depth of water and hence, instream mining by local fisherman for ingress and egress of boats is denied as false and only the local sand mafia under the guise of local fisherman is illegally mining sand in the Yanam area of Godavari River. The seizure of 30 tons of illegally mined sand along with one tipper lorry and two tractors on 31.07.2021 based on the complaint of this Applicant would demonstrate that large scale illegal mining of sand is going on in Yanam Region.
f) The 3rd Respondent has no jurisdiction as per the Madras River Conservancy Act 1884 and as such, Government of Puducherry could not give any permission or licence to excavate sand from river or river bed apart from areas approved by 7th Respondent. As a matter of fact, the tourist amenities under the Swadesh Darshan Scheme of Ministry of Tourism, Government of India built by Yanam Administration without getting prior approval and environmental clearance in the island five situated in the area for which technical opinion was got by the 3rd Respondent from IIT, Madras was completely damaged in the flood in year 2018 and caused damage worth of Rs. 250 crores to the Government of Andhra Pradesh and as such Government of Andhra Pradesh has issued show cause notice to Yanam Administration and Public Works Department, Yanam seeking explanation on this regard. The said island five is of primary importance to the entire area as it acts as a barrier for fast flowing flood during rainy season and reduces the speed of water while crossing it and permitting mining on and around the said island five would create environmental calamities in the entire adjourning areas.
g) There is large scale instream mining in banks of Godavari River falling within 500 meters from a big bridge of 1.8 Kms length and 12 meters width constructed on the River Godavari against the stipulated rules and regulations. The 13 said act is regularly overlooked by the Respondents which shall cause permanent damage to the bridge.
h) New additional ramps were created at Ayyana Nagar, Farampetta, Darlyalathippa and Metacuro in Yanam Region by the sand mafia gangs in addition to the existing ramps at Kurasampeta near tidal lock and Kanakaalapeta in the overall stretch of 9 kms within the past 1 year to transport sands excavated by way of illegal instream sand mining of the Godavari River and the authorities never took any steps to close the additional ramps inspite of repeated complaints by this Applicant.
For this purpose, The Revetments on the banks of the river are removed/damaged by the Sand Mafia so as to enable them to create ramps to berth their boats for unloading of sands and the said act effects the free flow of water. This Applicant has made several complaints on the same and still now, the authorities have not acted upon the same.
i) The report of JNTU, Kakinada and the report of survey by Royal Consultancy, Andhra Pradesh would show that the geo-coordinates of the area permitted by 7th Respondent for sand mining for construction purposes lies in land and not in river and the geo-coordinates of area permitted by 7 th Respondent does not match with the geo-coordinates of area present in the report of IIT, Madras made on request of 3rd Respondent.
3. It is respectfully submitted that, with respect to the objections to the Committee Report dated 13.12.2021, the Applicant submits his objections as follows;
a) The Joint Committee Report dated 13.12.2021 while submitting their exhaustive report on the Findings, Actions taken and Corrective measures taken by the Government of AP to stop illegal sand mining in Godavari River, the Report has not stated any findings on the illegal sand mining in the yanam region of Godavari River.
b) The Applicant submits that the Government of Andhra Pradesh has taken steps to control the illegal sand mining in Andhra Pradesh area as stated in the Joint Committee Report. However, the sand mafia belonging to Yanam region are entering Andhra Pradesh part of the river with their boats and are conducting large scale illegal instream sand mining in the Andhra Pradesh area and are smuggling the sands excavated by them to Yanam.
c) The Applicant submits that the Joint Committee Report has stated about the environmental compensation levied for illegal sand mining, but, as such the compensation was never collected from the violators 14 and no penal actions were initiated against the persons involved in permanently damaging the environment."
13. The action taken report with reference to the recommendations of the joint Committee filed by the Mining Department, AP is reproduced below:
"As per the Hon'ble NGT orders dated 04.10.2021, 11.11.2021 the Joint Committee submitted its report in the month of December, 2021 and made some recommendations.
The Recommendations of the committee are as follows:-
1 District Survey report shall be prepared and the quantity of sand reserves shall be assessed. Scientific methodology shall be adopted to assess the quantity of sand deposited in the reaches The District Survey Report has been prepared by the department of APSAC, ITE &C, Govt. of AP, for erstwhile East Godavari district and the same was in the district portals of East Godavari District for public convenience. The quantity of sand reserves is estimated scientifically.
2 Approved Mining plan shall be taken into consideration while issuing EC/CFE/CFO. Approved mining plan should also indicate measures to be taken for safe and proper closure of sand mine/ stockyard.
All Sand reaches of East Godavari District have approved Mining Plans and other statutory clearances. Approved Mining Plan indicate measures to be taken for safe and proper closure of sand mine 3 Ramps shall be established without obstructing natural flow of water in consultation with Water Resource Department.
The ramp points are being proposed by the Irrigation department, Godavari Head Works, in such a way that it won't disturb the natural flow of the River and the same is being followed for the movement of vehicles.
4 All the sand reaches shall be geo-fenced. In addition, the boundaries permitted for the sand reach as per mining lease; CFE/ CFO shall be demarcated in the field by erecting poles.
The Sand reaches of East Godavari while proposing are inspected by the officers of the line departments and Geo-
15Coordinates are being fixed. Boundary pillars are being constructed as Geo Fence 5 Adequate number of CCTV Cameras shall be installed at prominent places in the reaches to curb any illegal sand removal.
As per the Upgraded sand policy, M/s Jaya Prakash Power Ventures Pvt. Ltd is doing the Sand mining activities of East Godavari District. The Dy. Director of Mines & Geology, Vide Lr No: 3518/Sand/2019 dated 06.05.2022 directed M/s Jaya Prakash Power Ventures Pvt Ltd to establish the CCTV cameras in crucial locations.
6 Every reach shall maintain production & dispatch registers and vehicles registers. Actual quantity of sand extracted, dispatched shall be recorded in the registers.
The details of Productions, Dispatches and vehicle movements are being maintained by M/s Jaya Prakash Power Ventures Pvt. Ltd.
7 The vehicles carrying sand are to be fitted with Vehicle Tracking GPS devices to monitor their movement and stop illegal hoarding of sand and prevent black marketing.
The sand policy has been upgraded and the installation of GPS devices in the vehicles has been omitted in the Upgraded sand policy.
8 The contractors of the seven reaches shall pay total penalty of Rs. 7,00,000/- (Rupees Seven lakhs only) shall be paid to Department of Mines & Geology, Govt. of Andhra Pradesh as per APPMC Rules, 1966 The Asst. Director of Mines & Geology, Rajamahendravaram has issued Demand notices to the Contractors (enclosed) 9 The contractors of the following six reaches shall pay total Environmental Compensation Rs. 3,22,09,713/- to APPCB"
14. Further report dated 19.05.2022 on the issue of action against the contractors is as follows:
"Accordingly, the Assistant Director of Mines and Geology, Rajamahendravaram has issued Show Cause Notices to the Contractors as detailed below:
Sl. Show Cause Notice Qty
Contractor Name of the Reach
No. No. & Date excavated
16
beyond
the
permitted
depth
1 3025/NGT/2021-1, M/s Sudhakara Korumilli-2 3192 cum
Dated: 29-06-2021 Infratech Pvt. Ltd.
2 3025/NGT/2021-2, M/s Sudhakara Kapileswarapuram 2372 cum
Dated: 29-06-2021 Infratech Pvt. Ltd.
3 3025/NGT/2021-3, M/s PMR Infra Jonnada-4 6504 cum
Dated: 29-06-2021 India Private
Limited
4 3025/NGT/2021-4, M/s.Sudhakara Atreya pu ram-2 2132 cum
Dated: 29-06-2021 Infratech Pvt Ltd
5 3025/NGT/2021-5, M/s Sri Sai Pulidindi-2 26013
Dated: 29.06.2021 Samhita cum
Constructions
6 3025/NGT/2021-6, M/s Sri Venkata Ankampalem-2 18584
Dated: 05-07-2021 Varala Durga cum
Sand Ramp
The contractors have filed the following Writ Petitions before the Hon'ble High Court against the Show Cause Notices. The details are as follows:
Sl. No. Name of the Orders of the Hon'ble
W.P. No. Remarks
Petitioner High Court
1 M/s Sri Sai Samhita 14490/2021 The Hon'ble High Court Counter
Constructions, has issued Interim filed
Represented by Orders on 26.07.2021 in
Mg.P. Sri KVG IA No.1 of 2021 in WP
Krishna Reddy No. 14490/2021 that
"The learned G.P for
Mines and Geology
seeks time for filing a
regular counter. Post
after two (2) weeks. In
the meanwhile, the
respondents -authorities
shall not take any
coercive steps pursuant
to the show cause notice
No.3025/NGR/2021-5,
dated 29.06.2021.
Against the petitioner."
Further, the
Hon'ble High Court of
Andhra Pradesh has
issued orders on
07.09.2021 in IA No. 1
of 2021 in WP
No.14490/2021 that
"For counters,
post after two (2) weeks.
Interim order
granted
earlier is
extended by
another three (3)
weeks".
2 Sri Venkata 15587/2021 The Hon'ble High Court Dispose
Srinivasa Reddy Satti, has disposed the Writ d
Representative of M/s. Petition No.15587/2021
Sri Venkata Varala and issued orders on
Durga Sand 03.08.2021 that "since
Ramp the impugned notice is
only a show cause
notice, leaving it open
for the petitioner herein
to submit
explanation, within a
period of one week
from the date of
receipt of 'a copy of
this order, for
consideration of the said
explanation, to be
17
submitted by the
petitioner herein, by the
Assistant Director of
Mines & Geology,
Rajamahendravaram-
third respondent herein,
and for passing
appropriate orders,
strictly in accordance
with law, Writ Petition
is disposed of. It is
made clear that, till a
decision is taken on
the show cause
notice, after taking
into consideration the
explanation to be
offered by the
petitioner herein, no
coercive action
against the petitioner
herein shall be taken
by the
respondents.
Accordingly, Writ
Petition is disposed of."
Keeping in view of the Hon'ble High Court Orders dt. 26.07.2021 & 07.09.2021 in W.P. No. 14490/2021, Demand Notice was not issued to M/s Sri Sai Samhita Constructions. Further, Demand Notices were issued to the remaining Contractors and details are as follows:
Qty Demanded
excavated Rs.
beyond
SI. Demand Notice Contractor Name of the
the
No. No. & Date Name Reach
permitted
depth
amount in
1 3025/NGT/2021-1, M/s Sudhakara Korumilli-2 3192 cum 23,94,000
Dated: 06-11- 2021 Infratech Pvt. (or)
Ltd. 4788 MT
2 3025/NGT/2021-2, M/s Sudhakara Kapileswarapuram 2372 cum 17,79,000
Dated: 06-11- 2021 Infratech Pvt. (or)
Ltd. 3558 MT
3 3025/NGT/2021-3, M/s PMR Infra Jonnada-4 6504 cum 48,78,000
Dated: 06-11- 2021 India Private (or)
Limited 9756 MT
4 3025/NGT/2021-4, M/s. Atreyapuram-2 2132 cum 15,99,000
Dated: 06-11- 2021 Sudhakara (or)
Infratech Pvt 3198 MT
Ltd
5 3025/NGT/2021-6, M/s Sri Ankampalem-2 18584 1,39,38,000
Dated: 06-11- 2021 Venkata Varala cum
Durga Sand (or)
Ramp 27876 MT
In view of the above, action already initiated against the Contractors, but no penalty amount is realized so far and further action will be taken for realization of the penalty amount as per Rules."
15. The Mining Department, AP has further stated:
"M/s Sri Sai Samhita Constructions, Represented by Mg. P. Sri KVG Krishna Reddy has filed Writ Petition No.14490/2021 18 before the Hon'ble High Court of Andhra Pradesh against the Show Cause Notice No.3025/NGT/2021-5, dated 29.06.2021 issued by the ADM&G, Rajamahendravaram. Through the reference 15' cited, the Hon'ble High Court has issued Interim Orders on 26.07.2021 in IA No.1 of 2021 in WP No.14490/2021 that "The learned G.P for Mines and Geology seeks time for filing a regular counter. Post after two(2) weeks. In the meanwhile, the respondents -authorities shall not take any coercive steps pursuant to the show cause notice No.3025/NGR/2021-5, dated 29.06.2021 against the petitioner." Further, the Hon'ble High Court of Andhra Pradesh has issued orders on 07.09.2021 in IA No.1 of 2021 in WP No.14490/2021 that "For counters, post after two (2) weeks. Interim order granted earlier is extended by another three (3) weeks".
Sri Venkata Srinivasa Reddy Satti, Representative of M/s. Sri Venkata Varala Durga Sand Ramp has filed Writ Petition No.15587/2021 before the Hon'ble High Court of Andhra Pradesh against the Show Cause Notice No. 3025/NGT/2021-6, dated 05.07.2021 issued by the ADM&G, Rajamahendravaram. Through the reference 16 th cited, the Hon'ble High Court has disposed the Writ Petition No.15587/2021 and issued orders on 03.08.2021 that "since the impugned notice is only a show cause notice, leaving it open for the petitioner herein to submit explanation, within a period of one week from the date of receipt of a copy of this order, for consideration of the said explanation, to be submitted by the petitioner herein, by the Assistant Director of Mines & Geology, Rajamahendravaram-third respondent herein, and for passing appropriate orders, strictly in accordance with law, Writ Petition is disposed of. It is made clear that, till a decision is taken on the show cause notice, after taking into consideration the explanation to be offered by the petitioner herein, no coercive action against the petitioner herein shall be taken by the respondents. Accordingly, Writ Petition is disposed of."
As per the Hon'ble High Court orders dated 03.08.2021, Sri S.V. Srinivasa Reddy, Prop. M/s. Sri Venkata Varala Durga Sand Ramp submitted their explanation to the SCN No.3025/NGT/2021- 6, Dtt.05.07.2021.
M/s PMR Infra India Private Limited has not submitted explanation to the Show Cause Notice No.3025/NGT/2021-3, Dated: 29-06-2021.
The Assistant Director of Mines and Geology, Rajamahendravaram has not considered the explanations submitted by the Contractors, as per the clause 5 (a) & (f) of the agreement made with M/s. APMDC Ltd., the respective Contractors are held responsible for the following.
(a). Contractor shall deploy the necessary manpower to excavate Sand in accordance with the approved Mine 19 Plan, conditions of Environmental Clearance and as per the directives given by APMDC.
(f). Contractor shall secure perimeter of the dedicated sand bearing area to avoid illegal mining outside the designated reach. Contractor shall be held responsible if any such activity take place within the designated reach.
As per Sub Rule 16(i) of Rule 9-B under amended AP MMC Rules 1966 vide G.O.Ms.No.71 of Industries, Infrastructure, Investment and Commerce (Mines-II) Department, dated 04.09.2020.
Rule Position:
"(i) M/s Andhra Pradesh Mineral Development Corporation Ltd. being the agent, shall be penalized for any extraction of sand beyond the specified area beyond the specified thickness and for any other violations by levying penalty of Rs.1,00,000/- or Rs.500/- per TON of sand quarried beyond the specified limits or in excess of thickness stipulated, whichever is higher.
Basing on the above, the Assistant Director of Mines and Geology, Rajamahendravaram has issued Demand Notices to the following 05 Contractors. The details are hereunder.
Sl. Demand Notice No. Contractor Name of the Qty Demanded
No. & Name Reach excavated amount in
Date beyond
the
permitted
depth
Rs.
1 3025/NGT/2021-1, M/s Sudhakara Korumilli-2 3192 cum 15,96,000
Dated: 06-11-2021 Infratech Pvt. Ltd. (or)
4788 MT
2 3025/NGT/2021-2, M/s Sudhakara Kapileswarapuram 2372 cum 11,86,000
Dated: 06-11-2021 Infratech Pvt. Ltd. (or)
3558 MT
3 3025/NGT/2021-3, M/s PMR Infra India Jonnada-4 6504 cum 32,52,000
Dated: 06-11-2021 Private Limited (or)
9756 MT
4 3025/NGT/2021-4, M/s.Sudhakara Atreyapuram-2 2132 cum 10,66,000
Dated: 06-11-2021 Infratech Pvt Ltd (or)
3198 MT
5 -- M/s Sri Sai Samhita Pulidindi-2 26013 cum --
Constructions (or)
39019.5 MT
6 3025/NGT/2021-6, M/s Sri Venkata Ankampalem-2 18584 cum 92,92,000 "
Dated: 06-11-2021 Varala Durga (or)
Sand Ramp 27876 MT
Finding
16. From the above, it is seen that according to the authorities in the State of AP, permission for mining has been given which is patently illegal as in CRZ area no mining is permitted except for fisherman for 20 navigation. Present mining is for commercial purposes. Moreover, in absence of EC no mining is permissible in view of Supreme Court judgement in Deepak Kumar, supra. The compensation assessed is only for mining in excess of permission. Since permission itself is illegal, the entire mining has to be treated as illegal.
Directions
17. Accordingly, we set aside any permission by State of AP and its authorities for mining in CRZ area, in absence of EC and restrain any such mining in the area in question in AP and Union Territory of Puducherry. For mining which has already taken place, compensation may be recovered, following due process of law. It is made clear that if there is any order of the High Court, action of the authorities must be compliant with the such orders.
The Application stands disposed of accordingly.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM May 19, 2022 Original Application No. 184/2017(SZ) DV 21