National Green Tribunal
News Item Titled Barricade Illegal Sand ... vs Central Pollution Control Board on 10 July, 2025
Item No.09 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.170/2024/EZ
(Earlier O.A. No.919/2024/PB)
News Item titled "Barricade illegal
sand mining pose threat to WGH
riverbank" appearing in The Shillong Times
dated 29.06.2024 Applicant(s)
Date of hearing : 10.07.2025
Date of Uploading : 18.07.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Suo Motu
For Respondent(s) : Mr. Surendra Kumar, Adv. for R-1 (in Virtual Mode),
Ms. K. Enatoli Sema, Adv. for R-2 (in Virtual Mode),
Ms. Anamika Pandey, Adv. for R-3 (in Virtual Mode),
Mr. Himanshu Sehrawat, Adv. for R-4&5 (in Virtual Mode)
ORDER
1. Affidavit dated 03.07.2025 has been filed on behalf of the Respondent No.2, Meghalaya State Pollution Control Board ; the same is taken on record.
2. Affidavit dated 27.02.2025 has been filed on behalf of the Respondent No.4, Deputy Commissioner, West Garo Hills ; the same is taken on record.
3. Mr. Himanshu Sehrawat holding brief of Mr. Avijit Mani Tripathi, learned Counsel is present (in Virtual Mode) on behalf of the Respondent Nos.4, Deputy Commissioner, West Garo Hills and 5, P.W.D. (Roads), Rongai.
1
4. Heard Mr. Surendra Kumar, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.1, Central Pollution Control Board (CPCB) ; Ms. K. Enatoli Sema, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.2, Meghalaya State Pollution Control Board ; Ms. Anamika Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.3, Ministry of Environment, Forests and Climate Change (MoEF&CC) and Mr. Himanshu Sehrawat, learned Counsel appearing (in Virtual Mode) for the Respondent Nos.4 and 5.
(Final order of the said case will be uploaded in NGT website by separate sheets of paper) ..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 10, 2025, Original Application No.170/2024/EZ (Earlier O.A. No.919/2024/PB) SKB 2 Item No.09 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.170/2024/EZ (Earlier O.A. No.919/2024/PB) In the matter of:
News Item titled "Barricade illegal sand mining pose threat to WGH riverbank" appearing in The Shillong Times dated 29.06.2024 .... Applicant(s) Versus
1. Central Pollution Control Board Through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi - 110032
2. Meghalaya State Pollution Control Board Through its Member Secretary, "ARDEN", Lumpyngngad, Shillong, Meghalaya - 793 014
3. Ministry of Environment, Forests and Climate Change (MoEF&CC) Through its Regional Office Integrated Regional Office, Law-U-Sib, Lumbatngen, Near MTC Workshop, Shillong
4. Deputy Commissioner, West Garo Hills Office of the Deputy Commissioner, Dist: West Garo Hills, Meghalaya - 794001
5. P.W.D. (Roads), Rongai Through its Secretary .... Respondent(s) Date of hearing : 10.07.2025 Date of Uploading : 18.07.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Suo Motu For Respondent(s) : Mr. Surendra Kumar, Adv. for R-1 (in Virtual Mode), Ms. K. Enatoli Sema, Adv. for R-2 (in Virtual Mode), Ms. Anamika Pandey, Adv. for R-3 (in Virtual Mode), 3 Mr. Himanshu Sehrawat, Adv. for R-4&5 (in Virtual Mode) ORDER
1. The Original Application No.919/2024/PB was registered as suo motu by the New Delhi Bench of the Tribunal on the basis of a news item titled "Barricade illegal sand mining pose threat to WGH riverbank" appearing in The Shillong Times dated 29.06.2024.
2. The article highlights the erosion of the banks of Rongai Valley Project in Chibinang in West Garo Hills, Meghalaya. It is stated that the water of the Rongai River continues to make inroads by taking away more and more soil every time the river is in full flow.
3. The article alleges that this is taking place due to a barricade that has been placed in the middle of the river near the place where the main dam of the project was envisioned many decades ago.
Furthermore, uncontrolled and illegal sand mining from the same river has also contributed to the problem.
4. The news item also alleges that large chunks of land have been washed away along the banks. It is stated that every year, due to this barricade, the flow of the river is disturbed and it puts huge pressure on the banks nearby and this has led to erosion and loss of land.
5. The article claims that the barricade has created an artificial island as no water has been flowing beyond it. It states had the natural flow of the water been maintained, the flow of water would have been smoother and less dangerous to those who live nearby. Erosion could have been stopped with just a few measures. The 4 article also highlights the continuing illegal sand mining taking place in the river putting a lot of pressure on the river.
6. Thereafter, the said Original Application was transferred by the New Delhi Bench of the Tribunal vide its order dated 25.07.2024 to the Eastern Bench of the Tribunal at Kolkata and the case has now been re-numbered as Original Application No.170/2024/EZ.
7. We have heard Mr. Surendra Kumar, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.1, Central Pollution Control Board (CPCB) ; Ms. K. Enatoli Sema, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.2, Meghalaya State Pollution Control Board ; Ms. Anamika Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.3, Ministry of Environment, Forests and Climate Change (MoEF&CC) and Mr. Himanshu Sehrawat, learned Counsel appearing (in Virtual Mode) for the Respondent Nos.4 and 5.
8. The Respondent No.1, Central Pollution Control Board has filed its affidavit dated 23.09.2024 and it is stated that in a matter raised before the National Green Tribunal (Principal Bench), New Delhi in Original Application No.360/2015 National Green Tribunal Bar Association - Versus - Virender Singh (State of Gujarat). Report was prepared by the Committee comprising of the representative of Ministry of Environment, Forests and Climate Change (MoEF&CC), Central Pollution Control Board (CPCB), Indian Institute of Forest Management, Bhopal, Institute of Economic Growth, New Delhi and Madras School of Economics, Chennai to recommend the scale of compensation to deal with cases of illegal sand mining in the whole 5 country. It is stated that the Report was submitted to the National Green Tribunal on 30.01.2020 and accepting the same, an order was passed by the New Delhi Bench on 26.02.2021 directing the scale of operations of compensation as per the Report dated 30.01.2020 to be adopted by all States/Union Territories and Environment Secretary to evolve an appropriate mechanism for assessment of compensation in all districts of the State for utilization of recovered Compensation for restoration of environment by preparing appropriate action plan.
9. The relevant extract of para 10, 11 and 12 of the judgment of the National Green Tribunal (Principal Bench) reads as under :-
"Scale of compensation for violations on polluter pays principle
10. Vide order dated 17.08.2020, the Tribunal considered the CPCB report dated 30.01.2020, in pursuance of earlier orders on scale of compensation to be recovered for violation of norms for mining on polluter pays principle and the matter was deferred for further consideration of such scale and further orders in the light of the EMGSM 2020. On the issue of scale of compensation for violations, the Tribunal held that the same has to be calculated having regard to the polluter pays principle and not mere loss of royalty. This requires taking into account value of the illegally mined material and cost of restoration of the environment. CPCB did the exercise by constituting an expert Committee. The Tribunal considered the report as follows:-
"8. The Committee considered two approaches:6
(I) Approach 1: Direct Compensation based on the market value of extraction, adjusted for ecological damages.
(II) Approach 2: Computing a Simplified NPV for ecological damages.
9. In the first approach, the criteria adopted is:
• Exceedance Factor (EF).
• Risk Factor (RF).
• Deterrence Factor (DF).
10. Approach 1 is demonstrated by Table 1 as follows:
"Table No. 01 : Approach 1
Permitted Total Excess Exceedance Compensation Quantity (in Extraction Extraction in Charge (in MT or m3 ) (in MT or m3 ) (in MT or m3) Extraction: Rs.) X Y Z = Y-X Z/X D* (1+RF + DF) Where D = Z 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 DF = 1 if Z/X >= 0.71 RF = 0.25, 0.50, 0.75, 1.00 (as per table 2)
11. Approach 2 is demonstrated by following formula:
"Till such time as data and information for a comprehensive NPV is worked out in a site specific manner to account for all (or atleast the major) ecological damages, a simplified NPV, proxied on the market value of the illegally extracted amount may be computed. In this case the NPV approach would imply that the total benefits from the activity of sand mining (as represented by the market value of the extracted amount) be deducted from the total ecological costs imposed by the activity. In the absence of data on benefits and costs separately, we recommend a modification of the formula as shown below:
Total Benefits(B) = Market Value of illegal extraction : D (refer Table 1) 7 Total Ecological Costs = Market Value Adjusted for risk factor: D ✱RF (refer Table1).
For present purposes, it is assumed that the Benefits would accrue only in the first year (in which the extraction of the illegally mined material takes place), while the ecological costs would continue to be felt over a period of time. NPV is to be calculated for a period of 5 years on the net value, Σ (C-B), at a discount rate ranging from 8%-5%, varying in inverse with the risk factor. Thus, where the highest risk factor (say 1) is applicable, the discount rate applicable would be the lowest (say 5% in this case)."
12. Final recommendation is as follows:
"Thus, it is recommended that the annual net present value (NPV) of the amount arrived at after taking the difference between the costs and the benefits through the use of the above approach, maybe calculated for a period of 5 years at a discount rate of 5% for mining which is in a severe ecological damage risk zone. The rationale for levying this NPV is based on expert opinion that reversal and/or restoration of the ecological damages is usually not possible within a short period of time and rarely is it feasible to achieve 100% restoration, even if the sand deposition in the river basin is restored through flooding in subsequent years. The negative externalities of the mining activity are therefore to be accounted for in this manner. Ideally, the worth of all such damages, including costs of those which can be restored should be charged. However, till data on site-specific assessments becomes available, this approach may be adopted in the interim. In situations where the risk categorization charged. However, till data on site-specific assessments becomes available, this approach may be adopted in the interim. In situations where the risk categorisation is unavailable or pending calculation, the following Discount Rates may be considered:
Severity Mild Moderate Significant Severe Risk Level 1 2 3 4 Risk Factor 0.25 0.50 0.75 1.0 Discount 8% 7% 6% 5% "
11. Annexure-A appended to the report gives the calculation as follows:
"Compensation Charge (Scenario II - explicit accounting of NPV) Market Value of Illegally Mined Material (D) 5000*400 = 2000000/-8
Annual Value of Foregone Ecological Values D*RF = 2000000/-
• Present Value of Foregone Ecological Values (@ 5% discount rate and over 5 years) Approach 1 Approach 2 (no explicit accounting of NPV) (explicit accounting of NPV) D*(1+RF+DF) @ 5% discount rate and over 5 years Rs. 46,00,000/- Rs. 66,58,953/-
12. The Tribunal directed undertaking of scenario analysis, as suggested on behalf of the applicant and to furnish a further report accordingly. Further report dated 12.10.2020 has been filed by the CPCB reiterating its earlier report. We propose to approve approach-2 in the report. Apart from the above, a report dated 15.01.2021 has been filed by the Oversight Committee for the State of UP3 to which reference will be made later.
xxxxxxxxxxxxxxxxxxxxxxxx Compliance Status in States - Context of UP
20. We now refer to the Oversight Committee report dated 15.01.2021 for the State of UP with regard to status of compliance of Sustainable Guidelines as follows:-
S. Directions by Compliance Compliance Status No. Hon'ble NGT Status (Yes/No) 9
1. Status of the progress Partially For effective control of in ensuring issues Complied illegal mining and related to illegal sand transportation of mining in the State of minerals, a seven-
Uttar Pradesh member District level Task Force has been constituted under the chairmanship of District Magistrate vide Govt.
Order no. 616/86-
2018- 371/2005 dated
20.03.2018.
Under the Integrated
Mines Surveillance
System (IMSS), all the
mine areas have been
geo fenced. PTZ
cameras at the mines
have been installed.
Weigh Bridges fitted
with cameras have
been installed at all
mines and have been
integrated with the
Control Centre at Head
Quarters. At present,
there are 36000
registered vehicles and
310 Weigh Bridges
have been established.
2. Demarcation of Partially Rule-23 of the Uttar
boundaries for Complied Pradesh Sub-
regulating grant of Divisional (Avoidance)
sand mining lease Rules, 1963 as
amended, provides
for the
advertisement of an
area with Geo-
coordinates and Rule-
17 mentions the Geo-
coordinates of all
boundaries of the area
sanctioned. These are
being followed by all
the District
Magistrates.
3. Environmental Partially There is provision for
Compensation Complied execution of mining
imposed on leasing of lease deed only after
minor minerals in any demarcation under
area to cover the rule-17 of the Mining
restoration cost of lease Approval Rules,
environment and to 1963.
10
compensate the victims
4. Status of the Partially Under Rule-17 of the
constitution of a team Complied Uttar Pradesh Sub-
to carry out Divisional (Avoidance)
demarcation by the Rules, 1963, there is a
Chief Secretary provision for
survey/demarcation of
the area by an
authorized
officer/employee of
the Directorate of
Geology and Mining. A
separate team is not
justified at the level of
Chief Secretary
5. Mining in all blocks is Partially i. Rule 34(4) of Rules-
undertaken as per Complied 1963 contains the
provisions of EIA provision for
obtaining
Notification, 2006;
Environmental
MOEF Notification Clearance before
dated 15.1.2016 and commencement of
the Sustainable Sand mining in the
Mining sequence of
Management notification dated
Guidelines, 2016 14.09.2006 and the
notification as
amended from time
to time.
ii. According to the
Sustainable Sand
Mining Management
Guidelines, 2016
issued by
MOEF&CC, mining
work is restricted
from the riverbed
during the monsoon
season. Thus,
mining work is
restricted in the
month of July,
August and
September in the
State.
6. No sand mining is Partially Rule- 41(J)(1) of the
permitted without due Complied 1963 Rules envisages
compliance of the that no mining
Water (Prevention and operations in the
Control of Pollution) leveled river bed shall
Act, 1974 and the Air be carried out beyond
(Prevention and the depth of 3 meters or
Control of Pollution) water level whichever
Act, 1981 as well as is less/lower. The
regulations governing conditions mentioned in
clearances by the the Environmental
Central Ground Water Cleanliness Certificate
11
Authority issued by the State
Level Environmental
Impact Authority
(SEIAA), are being
followed.
7. District authorities Partially Report awaited
shall seize all sump Complied
pumps, other
machinery, tools,
vehicles, etc. used for
carrying out illegal
sand mining.
8. Any penalty imposed Partially The orders of
or not by concerned Complied Hon'ble NGT dated
Department to cover 18.02.2016 in
OA No.
the restoration cost of
184/2013
environment and to Gurpreet Singh
compensate the Baggha vs. MOEF,
victims. regarding recovery of
penalty/
environmental damage
from the concerned
lease holders are
being complied at
district level.
9. Status of a detailed Partially Mining work is being
restoration plan for the Complied done on the basis of
concerned river and approved mining
its river beds scheme by including
the restoration plan in
the mining plan.
10. Status of the Partially In OA No. 184/2013
assessment done Complied Gurpreet Singh Bagga
through Indian vs. MOEF, the action is
Council of Forestry being taken by
Research and conducting
Education, Dehradun assessment of
of the ecological environmental damage
damage on account of in compliance with
illegal mining by Indian Council of
incorporating the Forestry Research and
given components: Education, Dehradun.
a) Cost of river bed
material
b) Cost of ecological
restoration
c) Net present
value of the
future ecosystem
services.
11. Action against the Not Complied Report awaited
polluters and the
erring officers
12. Status of CCTV Partially Rule-35(2) of Uttar
12
Cameras installation Complied Pradesh Minor Mineral
at mining points to Regulations, 1963
verify the amount of provides that the
sand extracted mining lease holder
whose mining lease
area is more than 5
hectares, shall
constructs checkpost
/gate and install 4
CCTV cameras
capable of recording at
360° visibility at his
own expense for
monitoring. Under the
supervision of the DMs.
13. Status of regular Partially For effective control
patrolling by the police Complied over illegal mining
to inspect the mining and transportation
of minerals, a
operations
seven-member
district level task
force has been set
up under the
chairmanship of DM
vide order no.
616/86-2018-
371/2005
20.03.2018. Deputy
Superintendent of
Police level officers of
Police department are
members of this task
force. The mining
areas are constantly
monitored by this task
force.
14. Status of daily Partially According to the
reports regarding Complied information received
mining to be filed by from the DM, Prayagraj
SHO/ Mining officer in compliance of the
to be sent to District order of Hon'ble NGT
Magistrate. passed in OA No.
670/2018 in re: Atul
Singh Chauhan vs.
MOEF&CC and Ors.,
regular checking of
illegal mining
transportation is being
done by the Task force
constituted at the
district level. The
District Collector/
Senior Superintendent
of Police, Prayagraj are
regularly informed.
13
15. Status of vehicles Partially In compliance of
confiscation Complied orders of Hon'ble NGT
in OA No. 670/2018 in
re: Atul Singh
Chauhan vs.
MOEF&CC and Ors.,
in district Prayagraj 06
chargesheets were
filed in the financial
year 2018- 19; 80
chargesheets filed in
2019-20 and in the
year 2020-21 till the
month of November,
2020, 150 FIRs and
214 cases have been
filed in the competent
Courts, including the
order passed by
Hon'ble NGT. Similar
instructions have also
been issued to the
other districts
regarding the above.
16. Status of EC imposed Partially In compliance of
and realized by the Complied Order dated
CPCB till date in this 05.04.2019 of
Hon'ble NGT,
regard
Principal Bench in
O.A. 360 of 2015
(13 clubbed cases),
CPCB in NGT on
"Recommendations
on Scale of
Compensation to
deal with the cases
of illegal sand
mining" were made
by the Committee of
Experts constituted
by Hon'ble NGT.
The Committee of
Expert
recommended two
approaches
regarding the scale
of compensation to
deal with the cases
of illegal sand
mining:
1. Direct
Compensation
based on the
market value of
extraction, adjusted
for ecological
damages
14
2. Computing a
Simplified NPV for
ecological damages.
The above referred
recommendations
were initially taken up
by Hon'ble NGT during
the hearing on
08.01.2020 wherein
Hon'ble NGT
expressed prima facie
deficiencies in the
recommendations and
directed for
rectification of the
deficiencies before the
next date. Accordingly,
the Committee of
Experts reviewed and
revised its
recommendations, and
CPCB filed in NGT on
30.01.2020 the revised
"Recommendations on
Scale of Compensation
to deal with the cases
of illegal sand mining"
of the Committee of
Experts constituted by
Hon'ble NGT. The
scale of compensation
was calculated by
adopting two
approaches. For
details of approach, I
& II refer Appendix- VI.
It was also suggested
by the Hon'ble NGT
vide its order dated
17/08/2020 to
consider the
suggestions of Shri
Panjwani which were
noted at point no 13
needs to be looked
into by the same
Committee and
thereafter the Scale of
Compensation
finalized (Refer
Appendix- VII).
In compliance of the
Hon'ble NGT direction,
15
the matter was
examined by the same
expert Committee at
CPCB, Delhi & found
that more or less the
formula suggested by
committee and the
methodology suggested
by Shri Panjwani is
similar except some of
the factors. The details
of same are noted at
point no. 3 of the
affidavits is submitted
before the Hon'ble NGT
by CPCB on
12.10.2020. Copy of
same is enclosed as
Appendix- VIII.
17. Status of EC imposed Partially In compliance of O
and realized by the Complied of 2015 are given at
UPPCB till date in this Appendix -IX of the
regard report
18. Status of setting up Partially Under the supervision
of dedicated Complied of the DMs in the
institutional districts, the
mechanism for conditions of the
monitoring of Environmental
conditions of Clearance Certificate
Environmental are complied with by
Clearance as granted the PCBs/
under EIA Notification, Departmental officers.
2006 in respect of A separate
sand and gravel institutional
mining. mechanism has been
established for the
same.
19. Safeguards based on Partially MOEF& CC is
High Powered Complied following the
Committee report and Sustainable Sand
observations into Mining Management
the Sustainable Guidelines, 2016.
Sand Mining and (Refer Appendix- X)
Management
Guidelines, 2016.
20. Necessary steps have Not Complied Action will be taken
been taken by after necessary
District amendments in
Administration for the environmental
effective monitoring regulations. As per
mechanisms for information given by
preventive and the Mr. A.K. Tiwari,
remedial measures UPPCB on 07.01.2021
16
including that: Comments: In
surveillance system compliance of Hon'ble
for recovery of NGT order dated
compensation. 17.08.2020 in OA No.
360/2015 and as per
provision of
'Enforcement &
Monitoring Guidelines
for Sand Mining' Jan.,
2020 issued by
MOEF&CC, Govt. of
India, action is to be
taken by concerned
District
Administration. (Refer
Appendix- XI)
21. Necessary steps have Not Complied Report awaited
been taken by MOEF
& CC to restore
effective impact
assessment and
safeguards; any
action taken against
the erring officers
22. Status of Chief Not Complied Report awaited
Secretary filed the
report regarding
recovery of
compensation (i.e.
damage to
environment)
23 Whether there is any Not Complied As per information
progress towards given by the Mr. A.K.
amendments of the Tiwari, UPPCB on
Act/Rules so that the 07.01.2021 that:
Courts can order for Comments: In
the fine as ordered by compliance of Hon'ble
Hon'ble NGT. Supreme Court
Judgement dated the
27.02.2012 in I.A. No.
12-13 in Special
Leave Petition (C) No.
19628-19629 of
2009, in the matter of
Deepak Kumar etc.
Vs. State of Haryana
and Others and in
compliance of Hon'ble
NGT directions dated
04.09.2018 in O.A. No.
173/2018 in the
matter of Sudarsan
Das Vs. State of West
17
Bengal, MOEF&CC,
Govt. of India has
issued 'Enforcement
& Monitoring
Guidelines for Sand
Mining' Jan., 2020
which has the
following provisions
regarding illegal
mining:
"As per the provision
of 23 (C) of MMDR
Act, the State
Government is
empowered to make
rules for preventing
illegal mining, and
transportation &
storage of illegal
minerals. All such
mining which
qualifies under
illegal shall be dealt
with in the provision
of MMDR Act the
concern authorities".
In the above
circumstance the
necessary
amendments in Mining
Regulation/ The Uttar
Pradesh Sub
Divisional (Avoidance)
Rules, 1963 is to be
initiated by the Mines
& Geology
Department, Govt. of
U.P. (Refer Appendix-
XI).
Additional Information provided by Mines
Department
1. The Mines Department has established a Command Centre at the Directorate of Geology and Mines at Lucknow from where they operate the Integrated Mines Surveillance System for the entire State. They are using Artificial Intelligence based Software and taking the help of Drones and Cloud Services for monitoring mining activity in the State. Drone Videography has been done in sensitive districts- 18
Fatehpur, Banda, Prayagraj and Saharanpur. Besides the CCTV Cameras, they are using RFID tags to monitor the movement of vehicles.
2. They have made a provision in the Rules to blacklist a person for upto 2 years if found guilty of illegal mining/illegal transportation. So far 125 persons/firms have been blacklisted.
3. They have amended the Rules to allow storage of minerals beyond 5Km radius from the riverbed. This has been done to prevent illegal mining from river bed under the alibi of storage.
4. They have established a Vehicle Tracking System to check the misuse of Transport Pass and Overloading. To begin with, this system has been introduced in the most sensitive districts of Hamirpur, Banda, Fatehpur, Jalaun and Jhansi.
5. New areas have been identified based on survey conducted according to Sustainable Mining Guidelines and they are being included in the DSR.
6. Instead of the printed MM-11, online royalty payment has been introduced through E- MM- 11.
7. Security features have been introduced in E-MM 11 to check its misuse.
8. Transport of minerals even from stores is being regulated through electronic E- forms.
Observation of the Oversight Committee: The Committee felt that the compliance of the Mining Department needs to be verified by independent sources. CPCB and UPPCB are being directed by the Committee to jointly verify the compliance. The report would be submitted in three months time.
VI. RECOMMENDATIONS
1. There have been a number of complaints regarding illegal mining specially in Districts of Hamirpur, Banda, Fatehpur, Jalaun, Prayagraj, Saharanpur and Jhansi. The Oversight Committee, while enclosing the newspaper cuttings has asked for a 19 status report from the Directorate of Mining, which so far has not been received. Illegal Mining is mining done without a Mining Plan in utter violation of environmental norms and is a grave threat to ecology and environment. The State Government should have a zero tolerance on illegal mining and the Directorate of Mining and District Administration should immediately enquire into all such cases and if found correct take stringent legal action against the guilty.
2. Environmental Clearance takes into account all the environmental concerns. Mining plan is the instrument through which it is enforced. However, for mining activity going on illegally, there is neither any EC nor any mining plan. Illegal mining invariably leads to reckless damage to environment. Hence, utmost efforts are required in surveillance, patrolling and enforcement. Electronic surveillance through UAVs/Remote Sensing is a good surveillance option especially in areas where sand mafias are active. Night vision drones could be used for checking mining activity at night. Sensitive spots need to be identified and police presence- both static presence and dynamic patrolling needs to be beefed up there. DMs / SSPs be made directly responsible for checking illegal mining.
3. DSRs need to be prepared very carefully. They should be based on Physical surveys and replenishment studies. Since sand deposition is a dynamic issue, they need to be regularly updated. While awarding lease deeds, important environmental parameters like deposition and replenishment of sand, areas of erosion, distance from infrastructural structures need be considered.
4. In the absence of replenishment studies and physical inspection before award, many times sites are awarded where there is no sand. The lease holder per force indulges in mining adjoining areas, some of which may be environmentally not very suitable. Before award of LOI, physical inspection should be mandatory.
5. Areas where only few leases are operative and the rest are not settled/surrendered need to be carefully analyzed. There could be a chance of cartel formation and mining of sand illegally from other vacant mining plots under the garb of the operative lease. (In district Prayagraj, there is only one operative lease out of 51 leases).
6. Storage Godowns should be at least 5 kms away 20 from the river bank. Otherwise, illegal mining can be carried on under the garb of storage by the leaseholder himself.
7. Geo-fencing of sites, their physical demarcation, allotment of geo-coordinates to all the pillars and their constant physical inspection and electronic surveillance is a must to ensure that the mining activity is as per the approved mining plan and no illegal mining, detrimental to environment, is going on.
8. There has to be a mechanism to ensure that the actual mining activity conforms to the approved Mining Plan and the approved Environment Management Plan (EMP). Besides the statutory system of Departmental inspections, there has to be a system of annual mandatory Environmental Audit by experts. Environment Department can empanel some experts/expert institutions with standard TORs and Remuneration terms which could be utilized by the Mines Department on a regular basis. This way the District Administrations can access good technical experts with standard conditions in a transparent way without bothering about tedious time-consuming tender formalities.
9. There has to be an effective mechanism for restoration of environment in case of its degradation due to mining. A portion of the royalty could be reserved for it as Environment Restoration Fund. The Environment Department can empanel some reputed institutions 21 with standard terms for preparing environmental restoration plans which could be used directly by the Mining Department without the arduous formalities. These plans could be funded by the Environment Fund as mentioned above. Already a number of mineral rich districts like Sonbhadra have a sizeable District Mineral Fund at the disposal of the District Collector. However, since there is no mechanism available at the level of District Collector for preparation of Environment Restoration Plans, this fund is normally used for works other than environmental restoration.
10. All the mining activity should strictly comply with Provisions of EIA Notification 2006, Sustainable Sand Mining Guidelines, 2016; The Environmental Protection Act, 1986; The Water (Prevention and Control of Pollution) Act, 1974; The Air (Prevention and Control of Pollution) Act, 1981 and Regulations of Central Ground Water Authority.
21
11. Direction may be issued to the Principal Secretary, Mining to take immediate steps for amendment of rules so that the Courts may order the fine as ordered by the Hon'ble NGT."
10. The Meghalaya State Pollution Control Board ('MSPCB' for short) along with its affidavit, has filed Inspection Report which reads as under :-
"INSPECTION REPORT xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx In Compliance to the Prohibitory Order No.MSPCB/TB- 98/2024/2024-2025/2 dated 16th August, 2024 on "Barricade illegal sand mining pose threat to WGH River Banks" appearing in the Shillong Times dated 29/06/2024 of Rongai Valley in the O.A. No.919/2024 of the Hon'ble National Green Tribunal (NGT), inspection has been carried out by Shri J.F. Lamurong, Environmental Engineer, MSPCB and Shri A. Lyngdoh, Senior Scientific Assistant, MSPCB on 5th September, 2024 along with Shri. Tengtsimglo K Marak, Sub-Inspector of Pulbari Police Station.
Shri Pijush Sangma, one of the land owner affected by soil erosion at Rongai river and Shri Hashanuz Zaman, Local residence, Chibinang accompany the team for inspection.
Observation :
i. When enquired from the office of Project Engineer, Public Works Department (Roads), Rongai Valley Medium Irrigation Project, Chibinang through Shri S.B. Marak, Assistant Engineer it was informed that the Construction of the Dam across Rongai River at Chibinang for irrigation project was commenced since 1992 and halted in the year 2003.
ii. Sheet Pile or Iron Barricade observed installed in the middle of the Rongai river near the abandoned incomplete dam has distracted the direct flow of the river, thus diverting the water 22 flow into two diversion and left island like formation in the middle of the river.
iii. Along both side of the river where the iron barricade was placed, land erosion observed to occurred at few stretch. The local residence informed that during flash flood, loss of land due to erosion has increase in each coming year.
iv. Temporary remedial measures viz pallasiding and sand filled bag with bamboo support has been constructed by the office of Project Engineer, Public Works Department (Roads), Rongai Valley Medium Irrigation Project, Chibinang on both side of the river on the affected area to prevent further land erosion.
v. With respect to illegal sand mining, river sand was found accumulated along the bank of Rongai river at certain stretches. Few stretches on both side of the Rongai river was visited viz. i. Bangal Kata (No mining activity was observed, however few heaps of sand were found stacked at the edge of the river) ii. Bhollar Bhita (No mining activity was observed, however trace mark of storage space & water pumps used for pumping of river sand from the river were found) iii. Kaimbatpara (No mining activity was observed, however trace mark of storage space & water pumps used for pumping of river sand from the river were found).
vi. It was informed by the local residence that illegal sand extraction usually takes place after the monsoon season and the method for extraction of sand from the river bed is done through water pumping machines.
vii. Water samples collected at upstream (near the abandoned incomplete dam), mid stream and downstream & taken to the Central Laboratory of MSPCB at Shillong for analysis."23
SHEET PILE OR IRON BARRIGADE ISLAND FORMATION PLATE - I (PIC SHOWING PILE SHEET & ISLAND FORMATION IN THE MIDDLE OF RONGAI RIVER) 24 PARASIDING AND SAND FILLED BAG WITH BAMBOO SUPPORT - LEFT SIDE PARASIDING AND SAND FILLED BAG WITH BAMBOO SUPPORT - RIGHT SIDE PLATE - II (PIC SHOWING PARASIDING AND SAND FILLED BAG WITH BAMBOO SUPPORT ON BOTH SIDE OF RONGAI RIVER) 25 RIVER SAND HEAP AT BANGAL KATA, CHIBINANG RIVER SAND HEAP AT BANGAL KATA, CHIBINANG 26 RIVER SAND HEAP AT BANGAL KATA, CHIBINANG RIVER SAND HEAP AT BANGAL KATA, CHIBINANG 27 PVC PIPE FOR PUMPING OF RIVER SAND AT BHOLLAR BHITA, CHIBINANG WATER PUMP USED FOR PUMPING OF RIVER SAND AT BHOLLAR BHITA, CHIBINANG 28 STORAGE SPACE OF RIVER SAND AT KAIMBATPARA, CHIBINANG STORAGE SPACE OF RIVER SAND AT KAIMBATPARA, CHIBINANG 29 STORAGE SPACE OF RIVER SAND AT KAIMBATPARA, CHIBINANG STORAGE SPACE OF RIVER SAND AT KAIMBATPARA, CHIBINANG PLATE - III (PIC SHOWING RIVER SAND HEAP, STORAGE SPACE & WATER PUMP WITH PVC PIPE) 30
11. A perusal of the Inspection Report would show that construction of Dam across the Rongai river at Chibinang for irrigation project had commenced since 1992 but halted in the year 2003 ; iron barricade have been observed to be installed in the middle of the Rongai river near the abandoned incomplete dam which has distracted the direct flow of the river thus diverting the flow of river into two diversions creating an island like formation in the middle of the river which is also seen in the photographs which have been filed.
12. It is also stated that along both sides of the river where the iron barricade was placed, land erosion has been observed to have occurred at few stretches of the river and it was informed by the local residents that during flash flood, loss of land due to erosion has increased each year ; temporary remedial measures such as pallasiding and sand filled bags with bamboo support has been constructed by the Office of the Project Engineer, Public Works Department (Roads), Rongai Valley Medium Irrigation Project, Chibinang on both sides of the river in the affected areas to prevent further land erosion.
13. The Committee also noted that river sand was found accumulated along the banks of river Rongai at certain stretches viz:
i) Bangal Kata and it is stated that no mining activities was observed however, few heaps of sand were found stacked at the edge of the river ;
ii) Bhollar Bhita and it is stated that no mining activity was observed however, trace mark of storage space and 31 water pumps used for pumping of river sand of the river was found ;
iii) Kaimbatpara and it is stated that no mining activity was observed however, trace mark of storage space and water pumps used for pumping of river sand from the river was found It was informed by the local residents that illegal sand extraction takes place usually after the monsoon season through water pumping machines.
14. In the affidavit it is also stated that 17 closure notices have been issued to illegal sand mining Units and prohibitory orders have been passed by the Meghalaya State Pollution Control Board and Action Taken Report has also been filed with the affidavit to the same effect mentioning 17 closure notices having been issued.
15. We also find that a letter dated 17.09.2024 has been issued by the Meghalaya State Pollution Control Board to the Project Engineer, Public Works Department (Roads), Rongai Valley Medium Irrigation Project, Chibinang directing him to submit his reply within seven days with regard to the findings recorded by the Inspection Committee with regard to erection of sheet pile/iron barricade in the middle of the Rongai river thereby diverting the direct flow of the river into two diversions creating an island like formation in the middle of the river thereby causing loss of private land due to land erosion.
16. A further affidavit has been filed by the Meghalaya State Pollution Control Board dated 28.01.2025 bringing on record an Inspection 32 Report of an inspection carried out on 09.12.2024 Chibinang West Garo Hills district which reads as under :-
"INSPECTION REPORT xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Inspection for verification of closure of illegal sandmining units was carried out on 9th December, 2024 at Chibinang, West Garo Hills District by Smt. R.R. Marak, AEE and Shri. A. Marak, MTA and the following observations were made:
Observations :
1. The illegal sand mining units are still in operation in Chibinang, West Garo Hills District.
2. Pumping machines operated in the river bank for sand extraction were observed.
3. Few workers were present at the sand mining sites. Upon inquiry on the ownership of the sand heaps, the names against which Closure Notices have been issued by the Board as per the list received from the DFO, West & South West Garo Hills ((T) Division, Tura, could not be verified on ground during inspection as different names were being provided and was unable to cross-check with the said list.
4. A total of 20 nos. of sand heaps have been detected along the Rongai River."33 34 35 36 37 38 39 40 41 42
17. This Report shows that illegal sand mining Units are still in operation at Chibinang, West Garo Hills ; pumping machines operated in the river banks for sand extraction were observed ; a total of 20 sand heaps were detected along the river Rongai.
18. A letter dated 15.01.2025 has also been issued by the Member Secretary, Meghalaya State Pollution Control Board to the Divisional Forest Officer (D.F.O.), West and South West Garo Hills (T) Division, Tura to furnish the GPS coordinates of the identified illegal sand mining and also to cross verify the name and addresses of the proprietors of the illegal sand mines at Chibinang to enable the Board to impose Environmental Compensation against the Units/individual illegal miners.
19. We find that the Divisional Forest Officer, West and South West Garo Hills (T) Division, Tura vide his letter dated 06.06.2024 has also provided the List Of Action Taken against the illegal sand 43 mining and West and South West Garo Hills (T) Division, Tura which is extracted hereinbelow :-
LIST OF ACTION TAKEN AGAINST ILLEGAL SAND MINING UNDER WEST & SOUTH WEST, GARO HILLS (T) DIVISIOIN, TURA Sl.No. NAME ADDRESS LOCATION ISSUE No.
1. Shri. Bholarbhita, P.O. Bholarbhita HD/28/2021/227 Sahajamal Sk. Chibinang P.S. dt.31.10.2021 Phulbari, West Garo Hills, Meghalaya
2. Shri. Akidur Bholarbhita, P.O. Bholarbhita HD/28/2021/233 Islam. Chibinang P.S. dt.31.10.2021 Phulbari, West Garo Hills, Meghalaya
3. Shri. Arjun A. Ghagupara, P.O. & P.S. Ghagupara HD/28/2022/13-14 Sangma. Tikrikilla, West Garo dt.25.01.2022 Hills, Meghalaya
4. Shri. Ram Kodomsoli, P.O. & P.S. Kodomsali HD/28/2022/17-18 Krishna Rabha. Tikrikilla, West Garo dt.28.01.2022 Hills, Meghalaya
5. Shri. Tobath Ch Damalgre, P.O. & P.S. Damalgre T/88(a)/22/131-32 Marak. Damalgre, South-West dt.25.03.2022 Garo Hills, Meghalaya
6. Shri. Wandesh Damalgre, P.O. & P.S. Damalgre T/88(a)/22/129-30 M Marak. Damalgre, South-West dt.25.03.2022 Garo Hills, Meghalaya
7. Shri. Dimbith Damalgre, P.O. & P.S. Damalgre T/88(a)/22/133-34 Ch Marak. Damalgre, South-West dt.25.03.2022 Garo Hills, Meghalaya
8. Shri. Pilson Ch Balalgre, P.O. Balalgre T/88(a)/22/135-36 Marak Mukdangra P.S. dt.25.03.2022 Damalgre, South-West Garo Hills, Meghalaya
9. Shri. Pilson M Jewilgre, P.O. Balalgre T/88(a)/22/137-38 Sangma. Mukdangra P.S. dt.25.03.2022 Damalgre, South-West Garo Hills, Meghalaya
10. Shri. Mian M Dorambokgre, P.O. Dorambokgre T/88(a)/22/139-40 Marak Mukdangra P.S. dt.25.03.2022 Damalgre, South-West Garo Hills, Meghalaya
11. Shri. Sengchon Bolgangre, P.O. Bolgangre T/88(a)/22/141-42 G Sangma Mukdangra P.S. dt.25.03.2022 Damalgre, South-West Garo Hills, Meghalaya
12. Shri. Dinesh T Sonamite, P.O. & P.S. Sonamite T/88(a)/22/143-44 Sangma Garobadha, South-West dt.25.03.2022 Garo Hills, Meghalaya
13. Shri. Kasari Sonamite, P.O. & P.S. Sonamite T/88(a)/22/145-46 Marak Garobadha, South-West dt.25.03.2022 44 Garo Hills, Meghalaya
14. Shri. Nusula G Sonamite, P.O. & P.S. Sonamite T/88(a)/22/147-48 Momin Garobadha, South-West dt.25.03.2022 Garo Hills, Meghalaya
15. Shri. Tibath M Wategre, P.O. Wategre T/88(a)/22/149-50 Marak Rangsakona, P.S. dt.25.03.2022 Garobadha, South-West Garo Hills, Meghalaya
16. Shri. Sengot A Sonamite, P.O. & P.S. Sonamite T/88(a)/22/151-52 Sangma Garobadha, South-West dt.25.03.2022 Garo Hills, Meghalaya
17. Shri. Bethuel Sonamite, P.O. & P.S. Sonamite T/88(a)/22/153-54 Ch Marak Garobadha, South-West dt.25.03.2022 Garo Hills, Meghalaya
18. Shri. Tamseng Sonamite, P.O. & P.S. Sonamite T/88(a)/22/155-56 N Marak Garobadha, South-West dt.25.03.2022 Garo Hills, Meghalaya
19. Shri. Spart Ch. Sonamite, P.O. & P.S. Sonamite T/88(a)/22/157-58 Marak Garobadha, dt.25.03.2022
20. Shri. Chegrak Sonamite, P.O. & P.S. Sonamite T/88(a)/22/159-60 R Marak Garobadha, South-West dt.25.03.2022 Garo Hills, Meghalaya
21. Shri. Monum G Rangsakona, P.O. Rangsakona T/88(a)/22/161-62 Sangma Rangsakona P.S. dt.25.03.2022 Garobadha, South-West Garo Hills, Meghalaya
22. Shri. Utpal R Rangatary, P.O. Rangatary T/88(a)/22/163-64 Marak Garobadha P.S. Ampati, dt.25.03.2022 South-West Garo Hills, Meghalaya
23. Shri. Awal SK. Puskanipara, P.O. Puskanipara HD/20(d)/2022/186 Chibinang P.S. dt.20.04.2022 Phulbari, West Garo Hills, Meghalaya
24. Shri. Moksedul Bangalkhata, P.O. Bangalkhata HD/20(d)/2022/187 Alam Chibinang P.S. dt.20.04.2022 Phulbari, West Garo Hills, Meghalaya
25. Shri. Shohidur Puskanipara, P.O. Puskanipara HD/20(d)/2022/188 Rahman Chibinang P.S. dt.20.04.2022 Phulbari, West Garo Hills, Meghalaya
26. Shri. Rakesh Phulbari, P.O. & P.S. Phulbari HD/20(d)/2022/189 Saha Phulbari dt.20.04.2022
27. Shri. Awal Sk. Puskanipara, P.O. Puskanipara HD/28/2023/41-42 Chibinang P.S. dt.18.03.2023 Phulbari, West Garo Hills, Meghalaya
28. Shri. Abdul Puskanipara, P.O. Puskanipara HD/28/2023/42-43 Zafer Chibinang P.S. dt.18.03.2023 Phulbari, West Garo Hills, Meghalaya 45
29. Shri. Shahalom Puskanipara, P.O. Puskanipara HD/28/2023/45-46 Sk. Chibinang P.S. dt.18.03.2023 Phulbari, West Garo Hills, Meghalaya
30. Shri. Surut Puskanipara, P.O. Puskanipara HD/28/2023/47-48 Zamal Sk. Chibinang P.S. dt.18.03.2023 Phulbari, West Garo Hills, Meghalaya
31. Shri. Mahamod Puskanipara, P.O. Puskanipara HD/28/2023/47-48 Ali Chibinang P.S. dt.18.03.2023 Phulbari, West Garo Hills, Meghalaya
32. Shri. Mashidur Puskanipara, P.O. Puskanipara HD/28/2023/51-52 Islam Chibinang P.S. dt.18.03.2023 Phulbari, West Garo Hills, Meghalaya
20. A list of illegal sand mining sites detected in Chibinang West Garo Hills district has also been filed which reads as under :-
21. The Deputy Commissioner, West Garo Hills in its affidavit dated 27.11.2024 has stated that the Forest and Environment 46 Department has constituted a District Level Task Force in each district to conduct inspection and survey for detection of illegal mining and based on inspections, 17 cases of illegal sand mining have been reported and closure notices issued to the persons concerned. It is further stated that in three cases, offences have been compounded by the competent officer in the Forest and Environment Department and money has been realized from the offenders. It is stated that a further inspection was carried out on 01.07.2024 and 19.07.2024 in the area in question and no incident of illegal sand mining has been reported at the site in question.
22. The Ministry of Environment, Forests and Climate Change (MoEF&CC) has filed its affidavit bringing on record the Sustainable Sand Mining Guidelines 2016 and 2020.
23. The Deputy Commissioner, West Garo Hills has filed further affidavit dated 27.02.2025 and it is stated that the District Level Task Force considered the Report of the Range Forest Officer dated 31.01.2025 with regard to finding of sand deposits at various locations during field inspection and a decision was taken to take action to identify the persons involved in illegal sand mining. It is stated that The District Level Task Force has further decided to constitute a Block Level Task Force with specific direction to deal with the issue of illegal sand mining in the Chibinang area on the Rongai river bank. It is stated that the Block Level Task Force was constituted on 11.02.2025 which conducted several raids on 14.02.2025 and 17.02.2025 in the area identified by the Meghalaya 47 State Pollution Control Board in its Report and 19 persons were identified as carrying out illegal sand mining.
24. We find that a further field inspection was carried out on 14.02.2025 and 17.02.2025 by the Block Level Task Force. The Inspection Report reads as under :-
"Inspection Report xxxxxxxxxxxxxxxxxxxxxxxxxxxx In pursuant of the District Magistrate's Order for joint inspection on suspected 20 (twenty) locations identified by the Meghalaya State Pollution Control Board, Shillong of illegal sand mining in Chibinang Area under Demdema Block, vide Office Order No. PA.10/NGT/2022/26-a Dated 111th February 2025, a field inspection was conducted on 14th & 17th February 2025 by the Block Level Task Force as Constituted on 11th February 2025 vide order No.PA.10/NGT/2022/25. The findings of the joint inspection and enquiry are as follows:
Observations :
1. On the time of inspection, no one was seen extracting the sand and also on enquiry, it is found that the illegal extraction of sand was not carried out since the previous inspection by Meghalaya State Pollution Control Board. Whereas, the illegally extracted sand was visible at all the given 20 (twenty) locations at the banks of the river Ringgi.
2. The 20 (twenty) locations fall under the Gaon Buras of 3 (three) Localities, viz, Puskunipara, Bholabhita and Bangalkhata localities.
3. It appears that the mining was done largely using a cane basket carried by local individual and few by using pumping machines directly from the bank of the river Ringgi.
4. It is also informed by the Gaon Buras/ local people that the extracted Sand is used mainly use for construction purposes at local level.
5. The lists of names along with GPS locations and quantities of extracted sand present at the time of inspection have been enclosed.48
6. Sheet pile or Iron Barricade observed installed in the middle of the Ringgi River near the abandoned dam has distracted the flow of the river, but it is not possible to establish the fact that it is linked with the illegal Sand mining in the areas.
Identification of the perpetrators :
1. During the inspection on 14th February, 2025 certain individuals were identified with the help of the Gaon Buras, however many operators have fled upon the arrival of inspection team from the village due to which it is not possible to identify the perpetrator in person by the inspection team.
2. Second joint inspection was conducted on 17th February, 2025 in coordination with local Gaon Buras, during this joint inspection, all the perpetrators came forward and accepted that they were involved in the illegal sand mining except for one location which was mentioned at Sl. No. 15 at Annexure - I.
3. Almost all the people involved with the illegal sand mining have confessed and accepted the allegations against them about illegal sand mining. They apologize for the same and are willing to pay the penalties imposed upon them by the authority as stated in their statement.
4. The Gaon Buras have expressed their willingness to help the inspection team in identifying the persons involved in illegal sand mining in their locality as and when required by the inspection team. Actions taken :
1. All the perpetrators have been identified by the joint inspection team.
2. Quantifying the amount of sand present in those locations as mentioned in Annexure - I.
3. The statements of the perpetrators were recorded and illegally mined sand were seized by the Forest Department as per the rules and regulations. Statements are attached at Annexure - III (A to R).
The seizer lists and indemnity bond prepared by the Forest Department are also attached here at Annexure - IV (A to S).
4. Inspection team have sensitized the local people and Gaon Buras those present during the time of inspection about the legal process for sand miningas well as impact on environment particularly to the river due to illegal extraction of sand from the river. 49
5. Inspection team has also directed the local people and Gaon Buras to inform the authority if they find any illegal sand mining in the area immediately."
which mentions that certain individuals were identified as carrying on illegal mining and they have accepted that they were involved in illegal sand mining. The list carrying names of persons involved in illegal sand mining detected in the Chibinang area, has been filed along with the affidavit which is as under :-
"List of Illegal Sand mining detected in Chibinang Area.
SI. Name & Address Location Qty. Lat Long
No.
Phone GPS
1. Lt. Mettik Sheik, Puskanipara 3.00 m3 N = 25⁰ N = 25⁰ 52,784
S/O. Lt. Akbar Ali Chibinang 879,75 E = E = 090⁰ 04,373
Village: Puskanipara 090⁰ 072,91
P.O Chibinang P.S:
Phulbari
Dist: West Garo Hills
Meghalaya
2. Shri: Abdul Baten, S/O Puskanipara 1.5 m3 N = 25⁰ N = 25⁰ 52,775
Lt. Somed Chibinang 879,63 E= E = 090⁰ 04,391
Mollah 090⁰
073,18
Village: Puskanipara
P.O Chibinang P.S:
Phulbari
Dist: West Garo Hills
Meghalaya
3. Shri: Biju Mondal, Puskanipara 2.55 m3 N = 25⁰ N = 25⁰ 52,738
C/O Bala Boax Chibinang 878,99 E= E = 090⁰ 04,446
Village: Puskanipara 090⁰
P.O Chibinang P.S: 074,14
Phulbari
Dist: West Garo Hills
Meghalaya
4. Shri: Alomgir Ahmed. Puskanipara 1.5 m3 N=25⁰ N = 25⁰ 52,603
S/O, Shri: Chibinang 876,669 E = 090⁰ 04,481
Johirul Hoque E= 090⁰
074,67
Village: Puskanipara
P.O Chibinang P.S:
Phulbari
Dist: West Garo Hills
Meghalaya
50
5. Shri: Saha Zamal Sheik ( Bholarbhita, 1.00 m3 N = 25⁰ N = 25⁰ 52,200
Lengra), S/O. Chibinang 86,997 E= E = 090⁰ 04,494
Shri: Khalek Sk 090⁰
07,487
Vill: Bholarbhita
P.O: Chibinang,
P.S: Phulbari Dist:
West Garo Hills
Meghalaya
6. Shri: MD.Monirul Islam, Bangalkhata, 0.5 m3 N = 25⁰ N = 25⁰ 52,151
S/O, Shri: Chibinang 869,20 E = E = 090⁰ 04,582
MD. Abul Hussain 090⁰076,41
Village: Puskanipara
P.O Chibinang P.S:
Phulbari
Dist: West Garo Hills
Meghalaya
7. Shri: Aminur Islam, S/o Bangalkhata, 1.5 m3 N=25⁰ N = 25⁰ 52,138
Shri: Chibinang 868,204 E = 090⁰ 04,675
Obejudin Sheik E=090⁰077,
865
Village: Puskanipara
P.O Chibinang P.S:
Phulbari
Dist: West Garo Hills
Meghalaya
8. Shri: Abul Hussain, S/O Bangalkhata 3.00 m3 N = N = 25⁰ 51,463
Shri: Kosar Ali Vill: Chibinang 25⁰862895 E = 090⁰ 05,023
Bangalkhata, P.O: Agia road E =
Bholarbhita P.s: Bridge 90⁰083932
Phulbari
Dist: West Garo Hills
Meghalaya
9. Shri: Rashidul Rahman, Bangalkhata 0.5 m3 N = 25⁰ N = 25.52414⁰
S/O Shri: 873,55
Fojor Rahman Chibinang E= E = 090.04714⁰
090⁰078,52
P.O: Bholarbhita, P.S:
Phulbari
Dist: West Garo Hills
Meghalaya
10. Shir: Abdul Rakhif Bangalkhata, 2.5 m3 N N = 25.52221⁰ E
Sarkar, S/O Lt, Chibinang =25.872772⁰ = 090.04436⁰
Abdul Bari Sarkar, E = 90.078768⁰
Vill: Bholarbhita
P.O: Bholarbhita. PS:
Phulbari Dist: West Garo
Hills Meghalaya
11. Shri: Nazir Bangalkhata, 1.5 m3 N= N = 25.51540⁰
Hussain, S/O Chibinang 25.864998 E = 090.05045
Shri:Moyjuddin Sk E =90.084612⁰
Vill: Bholarbhita,
P.O, Bholarbhita
P.S: Phulbari
Dist: West Garo hills
Meghalaya
51
12. Shri: Rakibul Bangalkhata, 5.00 m3 N N = 25.51545⁰
Islam, S/O Shri Chibinang =25.86513 E = 090.05050⁰
Atowar Ali 5⁰
Vill: Charbatapara E
P.O: Moulakandi, =90.08470
P.S. Phulbari 5⁰
Dist: West Garo
Hill Meghalaya
13. Shri: Rakibul Islam, Bangalkhata 10.00m3 N N = 25.51553⁰
S/O Shri Atowar Ali , Chibinang =25.86534 E = 090.05056⁰
Vill: Charbatapara 7⁰
P.O: Moulakandi, E
P.S. Phulbari =90.08492
Dist: West Garo Hill 8⁰
Meghalaya
14. Shri: Zaidul Islam, Bangalkhata 2.5 m3 N N = 25.51565⁰
S/O: Misparuddin , Chibinang =25.86566 E = 090.05064⁰
0⁰
Vill: Bangalkhata
E
P.O: Bholarbhita, P.s: =90.08511
Phulbari 0⁰
Dist: West Garo Hills
Meghalaya
15. Unknown Bangalkhata, Nill N N = 25.51579⁰
Chibinang =25.86608 E = 090.05070⁰
2⁰
E
=90.08529
7⁰
16. Shri: Sopiqul Islam Bangalkhata 15.00m3 N N = 25.52001⁰
Mullah, S/O, Shri: , Chibinang =25.86667 E = 090.05080⁰
Ajit Mollah 8⁰ E
=90.08558
Vill: Bangalkhata,
0⁰
P.O: Bholarbhita
P.s: Phulbari
Dist: West Garo Hills
Meghalaya
17. Shri: Sopiqul Islam Bangalkhata 3.00 m3 N N = 25.52004⁰
Mullah, S/O, Shri: , Chibinang =25.86674 E = 090.05080⁰
Ajit Mollah 0⁰ E
=90.08554
Vill: Bangalkhata,
2⁰
P.O: Bholarbhita
P.s: Phulbari
Dist: West Garo Hills
Meghalaya
18. Shri: Ohedur Sk, S/O Bangalkhata 5.00 m3 N N = 25.52010⁰
Shri: Abdul , Chibinang =25.86693 E = 090.05080⁰
Samed 0⁰ E
=90.08551
Vill: Bangalkhata,
7⁰
P.O: Bholarbhita
P.s: Phulbari
Dist: West Garo Hills
Meghalaya
19. Shri: Saha Zamal Bangalkhata 2.00 m3 N N = 25.52019⁰
Sheik ( Lengra), S/O. , Chibinang =25.86719 E = 090.05083⁰
Shri: Abdul Khalek 7⁰ E
=90.08562
Vill:
52
Bholarbhita, 5⁰
P.O: Chibinang
P.S: Phulbari
Dist: West Garo Hills
Meghalaya
20. Shri: Abdul Kalam, Near Rongai 1.5m3 N N = 25.51297⁰
C/O.Rohman Ali Vill: Valley Dam =25.85827 E = 090.05079⁰
2⁰ E
Kaimbatapara
=90.08554
P.O Bholarbhita 0⁰
P.S : Phulbari
Dist: West Garo Hills
Meghalaya
25. Confession statement of persons involved in illegal mining have also been filed along with the affidavit, along with compounding orders and documents showing action taken U/S 163 of the BNSS 2023.
26. The Meghalaya State Pollution Control Board as filed further affidavit dated 03.07.2025 and along with this affidavit, the computation of Environmental Compensation against the illegal miners has also been filed which is as under :53 54
27. The Public Works Department (P.W.D.) (Roads and Bridges), Government of Meghalaya has filed affidavit dated 28.01.2025 and it is stated that the Public Works Department has started the work of removal of debris and desiltation of river Rongai which is likely to be completed within a period of one month to avoid any further erosion of river banks during the monsoon and the department has also installed jute bags filled with earth on river embankments and other preventive measures to prevent erosion of river embankments.
28. It is also stated that sheet piles which erected as part of the coffer dam during the construction of the barrage has not been removed as it might be used in revised Detailed Project Report ('D.P.R.' for short) but the Public Works Department undertakes to remove any sheet pile which will not form part of the revised D.P.R. immediately after finalization of the revised D.P.R.
29. Along with this affidavit, Minutes of the Consultation Meeting of the Committee constituted under the chairmanship of Member (RM) with officials of the Government of Meghalaya regarding fixing responsibilities of wastage of funds of Government of India for Rongai Valley project (Meghalaya) has been filed which shows that the Committee has considered the opinion of the Deputy Chief Minister in the meeting held on 22.11.2018 with the officials of the Government of Meghalaya and Central Water Commission ('CWC' for short) that the project needs to be revived and requested the Central Water Commission to undertake fresh detailed survey and prepare Detailed Project Report ('D.P.R.' for short).55
30. In the affidavit, it is also stated that the Expert Team of the Central Water Committee visited the site in question on 20.06.2023 and made certain recommendations such as that the concrete work of Barrage (which is nearly 90% complete) may have to be tested for strength and hydrology and the problem of acquisition of land for construction of canals can be sorted out by construction of piped canals for which revised Detailed Project Report is to be prepared and it is stated that the Central Water Commission finally agreed to revive the project.
31. It is stated that the project is at the stage of preparation of revised Detailed Project Report and thereafter a Memorandum of Understanding ('MOU' for short) will be entered between the Central Water Commission and the State Government to carry out the remaining work of the Rongai Valley Medium Irrigation Project and the project will be completed to achieve its objectives.
32. From the Inspection Report we find that the allegations of illegal sand mining have been made out against which closure notices have also been issued. The Divisional Forest Officer has also provided names of the illegal miners as well as some of the illegally mined sites.
33. We therefore direct the Meghalaya State Pollution Control Board to compute Environmental Compensation against the illegal sand miners having regard to the scheme of compensation prepared by the Committee as accepted by the National Green Tribunal (Principal Bench) in its order dated 26.02.2021 passed in Original Application No.360/2015 National Green Tribunal Bar Association -56
Versus - Virender Singh (State of Gujarat) within two months and initiate process for recovery of the same in accordance with law.
34. We may further observe that since the Central Water Commission (CWC) has decided to revive the Rongai Valley Medium Irrigation Project, no directions in that regard are required at this stage. It is however made clear that the project as and when executed, shall ensure compliance of environmental norms and take care that there is no erosion of river bank soil. However, the State Government is directed to take a decision in this regard within three months. In case, however, it is decided not to revive the Project, the State Respondents shall take steps to remove the obstructions created in the free flow of the river Rengali. This exercise shall be completed within a further two months.
35. The Deputy Commissioner, West Garo Hills shall file affidavit of compliance by 31.12.2025.
36. The present Original Application is disposed of.
37. I.As, if any, stand disposed of accordingly.
38. There shall be no orders as to costs ..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 10, 2025, Original Application No.170/2024/EZ (Earlier O.A. No.919/2024/PB) SKB, 57