National Green Tribunal
Balbir Sandhu vs State Of U.P. & Anr on 4 August, 2023
Item No. 03 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 481/2023
Balbir Sandhu & Ors. Applicant(s)
Versus
State of U.P. & Anr. Respondent(s)
Date of hearing: 04.08.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Application is registered based on a letter petition received by post
ORDER
1. Balbir Sandhu and others have sent the present letter petition by post, which has been treated and registered as Original Application, complaining about illegal mining in District Saharanpur, Uttar Pradesh, District Yamuna Nagar, Haryana.
2. In their application, the applicants have expressed their grievances regarding the following aspects:-
Grievances regarding illegal mining in District Saharanpur, Uttar Pradesh:
1. Causing of loss of revenue to the extent of Rs. 5000/- by the Administrative Officers in collusion with the mining mafia.
2. Commercial Mining by illegal stone crushers in the flood plain area of river Yamuna in the name of mining on agricultural land. 1
3. Mining of about 1 crore 80 lakhs cubic meters sand, murum, boulder in three years without grant of CTE/CTO by PCB.
4. Illegal mining in the area of Yamuna on the basis of MM-11 permits issued for mining in agricultural land.
5. Misappropriation of amount of Rs. 350 crores in the name of reclaiming agricultural land for cultivation.
6. Misappropriation of GST reverse charge on mining in agricultural land.
7. Allowing illegal mining in area prohibited under the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 and MoEF&CC circular dated 14.02.2022.
8. Violation of Sustainable Sand Mining Guidelines, 2016 and Enforcement and Monitoring Guidelines for Sand Mining, 2020.
9. Concealment of information regarding mining in agricultural land by non-inclusion thereof in DSR.
Grievances of illegal mining in District Yamuna Nagar, Haryana:
1. Illegal mining by showing sale of sand as sale of boulder by misuse of Mineral Dealer License.
2. Illegal mining in the area of river Yamuna under the garb of E-
Ravana issued for other places.
3. Continuance of illegal mining despite prohibitive orders passed by this Tribunal and Hon'ble Punjab and Haryana High Court.
4. Illegal recovery of Gunda Tax by unsocial elements on Government check-posts.
5. Investment of black money by money laundering in mining leases carried out in District Yamuna Nagar and Saharanpur.
6. Illegal mining under forged E-Ravanas procured from other States. 2
7. Illegal mining by showing longer distances in E-Ravana to enable the vehicles to make more round trips within the time mentioned.
8. Overloading of illegally mined material for transportation. The applicant has further submitted that use of satellite imaginary and google maps will substantiate high incidence of illegal mining.
3. None has appeared for the applicants in the course of hearing on the present application today. The Registry is directed to ensure that VC link for hearing is sent to such applicants in advance to enable them to join the proceedings.
4. This Tribunal is empowered to suo moto take cognizance of the cases involving questions relating to environment arising out of the implementation of enactments specified in Schedule I of the National Green Tribunal Act, 2010 as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC 897. Cognizance of such cases can also be taken by this Tribunal on the basis of letter petitions in accordance with settled principles of law governing Public Interest Litigation.
5. Prima facie, the averments made in the application regarding illegal mining in District Saharanpur, Uttar Pradesh and District Yamuna Nagar, Haryana raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010.
6. Hon'ble Supreme Court and this Tribunal have passed orders in number of cases and given comprehensive directions to prevent illegal mining. Sustainable Sand Mining Guidelines, 2016 and Enforcement and Monitoring Guidelines for Sand Mining, 2020 have also been issued for 3 evolving appropriate mechanism to curb illegal mining. Yet cases making allegations of continuation of illegal mining continue to be filed.
7. 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 under the Chairmanship of Chairman, Central Pollution Control Board (CPCB) which shall in addition comprise of Member Secretaries, Uttar Pradesh and Haryana and District Magistrates, Yamuna Nagar, Haryana and Saharanpur, Uttar Pradesh and direct the same to look into the following aspects: -
a. Details of replenishment studies carried out in District Yamuna Nagar, Haryana and District Saharanpur, Uttar Pradesh respectively and DSRs prepared;
b. Number of mining leases (area and quantity) and permits sanctioned in District Yamuna Nagar, Haryana and District Saharanpur, Uttar Pradesh respectively with details of EC/CTE/CTO; c. Number of mining permits for mining in agricultural land granted in District Yamuna Nagar, Haryana and District Saharanpur, Uttar Pradesh respectively with details of EC/CTE/CTO; d. Number of stone crushers established/operating in District Yamuna Nagar, Haryana and District Saharanpur, Uttar Pradesh respectively with details of EC/CTE/CTO;
e. Status of compliance with Sustainable Sand Mining Guidelines, 2016 and Enforcement and Monitoring Guidelines for Sand Mining, 2020;
f. Particulars regarding show cause notices and closure notices issued and action taken on the same;
4 g. Particulars of criminal cases registered with details regarding name of the complainant, name of the accused and offence committed; and h. Details of amount of environmental compensation imposed, recovered and utilized for restoration of environment.
8. The District Magistrates, Yamuna Nagar, Haryana and Saharanpur, Uttar Pradesh respectively are also directed to upload information regarding all mining leases, mining permits granted and stone crushers with details regarding EC/CTE/CTO in Districts Yamuna Nagar, Haryana and Saharanpur, Uttar Pradesh respectively within two weeks.
9. Sediment in the river and along the banks of the river are brought by the flow of the river stream which originates in the upstream which could be a mountain or a ground water source. These sediments flow along the river stream and deposit at various places depending upon the velocity of the river flow and topography of the river bed. These sediments consist of boulders, stones, pebbles, sand, gravel, clay, etc. The sediment plays an import role in maintaining the hydro-geology of river stream and also the aquatic ecosystem. The sediments along the river bank prevent flooding and erosion of the banks. In the river bed these sediment act as substrata for biological growth such as aquatic plants on which the fish and other animals depend upon. There has been rampant mining of these sediments mainly the sand, pebbles and stone for construction and other development activities. The mining has been going on indiscriminately along the river at various stretches right from the place of origin till it meets the final destination at sea. On account of such mining there has been reports of river bank erosions, flooding, destruction of aquatic habitat, depletion of ground water, etc. this adverse impact not only effects the river 5 system but also the farming and marginal communities who depend on the river for irrigation and other farm related activities. Given the above grave situation along Yamuna it will be appropriate that a holistic and comprehensive study be carried out. Accordingly, we constitute another Joint Committee under the Chairmanship of Chairman, Central Pollution Control Board (CPCB) which shall in addition comprise of (i) A Scientist not below the rank of Scientist G to be nominated by Secretary, Ministry of Environment, Forest & Climate Change (MoEF&CC); (ii) Senior Scientist to be nominated by Member Secretary, Central Pollution Control Board (CPCB); (iii) One Professor each from NIT, Kurukshetra and IIT, Roorkee to be nominated by the Directors thereof; and (iv) One Scientist from Space Application Centre, Ahmedabad to be nominated by Director thereof to carry out the study regarding the following aspects:-
i. The source of sediment brought in by Yamuna from the upstream; ii. The amount/quantity of sediment brought by river Yamuna annually;
iii. Deposition of the sediments at various locations and the quantity annually;
iv. Mining activities being undertaken along the river Yamuna and the quantity (legally and illegally) along with geo-coordinates of the mining area on annual basis;
v. Impact of such mining on the hydro-geology and environment of the river by undertaking holistic and cumulative impact of such mining on river ecosystem and river dynamics including the surrounding floodplain and the habitation.
vi. To suggest remedial and methods to identity suitable locations to permit mining of the minerals with minimum adverse impact; vii. To suggest the mechanism to monitor the transportation of the minerals by utilizing information technology including drone to monitor the mining activities;
viii. To suggest erosion control mechanisms and flood control mechanisms in the river to protect people and property; and 6 ix. To suggest suitable methods to appropriately utilize the flood plain by undertaking agro based activities, fish culture activates etc. without harming the riverine eco-system.
x. To suggest mechanisms or guidelines for utilization of environment compensation recovered from such violators for restoration of mining are.
10. Since above referred study will involve substantial additional work, it will be appropriate that the non-officials/experts are suitably remunerated for the same and the expenses incurred for compliance with orders passed by this Tribunal are also reimbursed to them. Accordingly, CPCB is directed to pay an amount of Rs. 1 lakh each towards such additional remuneration and travelling and boarding lodging expenses incurred by Members of the Joint Committee to them within 15 days from submission of the bills by them out of amount of environmental compensation lying deposited with CPCB. Chairman in consultation with the Members of the Committee may include any other Member/Expert/Institution for undertaking/assisting specific study.
11. The Director, Mining and Geology, Haryana and Director, Geology and Mining, Uttar Pradesh respectively, are directed to ensure that all requisite information regarding mining and stone crushing in District Yamuna Nagar and District Saharanpur respectively is provided to the Members of the Joint Committee as may be required by them
12. It may also be observed here that in the past there have been many incidences where the Member of the Joint Committee or team of officers visiting mining sites were assaulted/intimidated. Therefore, it will be of utmost importance that the Members of the joint Committee are provided requisite protection at the time of visit of the mining sites, stone crushers etc. Accordingly, Senior Superintendent of Police, District Yamuna Nagar 7 and District Saharanpur respectively are directed to ensure that sufficient police security is provided to the Members of the Joint Committee during their visit.
13. Factual and Action taken Reports may be submitted within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
14. The District Magistrates and Senior Superintendent of Police, District Yamuna Nagar and District Saharanpur respectively are directed to ensure that no mining and crushing is carried out in District Yamuna Nagar and District Saharanpur respectively without grant of EC, CTE and CTO as may be under the relevant environmental laws.
15. List for further consideration on 09.11.2023.
16. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the Member Secretary, HSPCB, Member Secretary, UPPCB, MoEF&CC, CPCB, NIT, Kurukshetra, IIT, Roorkee, Space Application Centre, Ahmedabad, Director, Mining and Geology, Haryana, Director, Geology and Mining, Uttar Pradesh, District Magistrates and Senior Superintendent of Police, District Yamuna Nagar and District Saharanpur respectively by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM August 04, 2023 Original Application No. 481/2023 SN 8