National Green Tribunal
Dheerendra vs State Of Uttar Pradesh on 4 July, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 212/2021
(Earlier Appeal No.16/2021)
Dheerendra Applicant
Versus
State of U.P. & Ors. Respondent(s)
Date of hearing: 04.07.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Vanshdeep Dalmia, Advocate
Respondent: Ms. Priyanka Swami, Advocate for SEIAA, UP
Mr. Rachit Mittal, Advocate for M/s ASVP Construction-R9
ORDER
The Issue - permissibility of mining without DSR, EIA/EMP, replenishment study as per judgements of Hon'ble Supreme Court and this Tribunal
1. Grievance in this application is that mining has been permitted in violation of environmental norms prohibiting mining without the replenishment studies, environmental management plans, mine closure plans and other requisite safeguards and also prohibiting instream mining. The applicant has challenged four Environmental Clearances (ECs) dated 16.03.2018, 26.12.2018, 15.10.2020 and 15.10.2020 with respect to the four mines situated at Gata No. 2558 in village Bandhauli, Tehsil - Urai, District Jalaun, UP on the ground that such clearances 1 have been granted in violation of EIA Notification dated 14.09.2006 and Sustainable Sand Mining Guidelines (SSMG), 2016 read with EMGSM-
2020 in favour of Respondent Nos. 7 to 9, Rupesh Kumar Chauhan, R/o 2/588, Tulsinagar Pollusheet Post Kathgodam, Haldwani, District Nainital, Uttarakhand, M/s Khajuraho Motors Pvt. Ltd., through its Director, Yashpal Singh Parmar, District Chatarpur, MP and M/s ASVP Construction, through its Partner, Sumit Saxena, District Gonda, UP, respectively. The applicant has inter alia relied upon orders of this Tribunal dated 21.05.2021 in O.A. No. 103/2021, Shyam Babu v. State of Uttar Pradesh & Ors., wherein this Tribunal referred to earlier orders dated 30.05.2017 in O.A. No. 78/2015 (CZ) reported in 2017 SCC Online NGT 1097 and 26.02.2021 in O.A. No. 360/2015, NGT Bar Association v.
Virender Singh (State of Gujarat) and other connected matters. Relevant extracts are reproduced below:-
order dated 30.05.2017 in O.A. No. 78/2015 (CZ) reported in 2017 SCC Online NGT 1097:
"20. In the light of the above, we answer the question that has been referred to us that no river sand mining is permitted in the submerged area in accordance with the Sustainable Sand Mining Guidelines 2016 alternatively in so far as the issue whether it can be permitted in the submergence areas is concerned our answer to the same is that in submergence area which may be a wider area than the one actually submerged as a submergence area would encompass the full reservoir level of the river or the high flood level of the river recorded by in any case where the mineral is exposed and not in stream such sand mining in accordance with the Sand Mining Guidelines 2016 and the conditions imposed in the environmental clearance may be carried out."
order dated 26.02.2021 in O.A. No. 360/2015, NGT Bar Association v. Virender Singh (State of Gujarat) etc. "1to26..xxx...........................xxx..........................................xxx
27. We direct all the States/UTs to strictly follow the SSMG- 2016 read with EMGSM-2020 reinforced by mechanism for preparation of DSRs (in terms of directions of this Tribunal dated 14.10.2020 in Pawan Kumar, supra and 04.11.2020 in 2 Rupesh Pethe, supra), Environment Management Plans, replenishment studies, mine closure plans, grant of EC (in terms of direction dated 13.09.2018 in Satendra Pandey, supra), assessment and recovery of compensation (as per discussion in Para 25), seizure and release of vehicles involved in illegal mining (in terms of order dated 19.02.2020 in Mushtakeem, supra), other safeguards against violations, grievance redressal, accountability of the designated officers and periodical review at higher levels. As already noted, EMGSM-2020 contemplates extensive use of digital technology, including remote sensing.
28. We further direct that periodic inspection be conducted by a five-members Committee, headed and coordinated by the SEIAA and comprising CPCB (wherever it has regional office), State PCB and two expert members of SEAC dealing with the subject. Where CPCB regional office is not available, if MoEF&CC regional office is available, its Regional Officer will be included in the Committee. Where neither CPCB nor MoEF&CC regional office exists, Chairman, SEIAA will tie up with the nearest institution of repute such as IIT to nominate an expert for being included in the Committee. Such inspection must be conducted at least thrice for each lease i.e. after expiry of 25% the lease period, then after 50% of the period and finally six months before expiry of the lease period for midway correction and assessment of damage, if any. The reports of such inspections be acted upon and placed on website of the SEIAA. Every lessee, undertaking mining, must have an environment professional to facilitate sustainable mining in terms of the mining plan and environmental norms. This be overseen by the SEIAA. Environment Departments may also develop an appropriate mobile App for receiving and redressing the grievances against the sand mining, including connivance of the authorities and also a mechanism to fix accountability of the concerned officers. Recommendations of the Oversight Committee for the State of UP quoted earlier may be duly taken into account.
The mechanism must provide for review at the level of the Chief Secretary at least once in every quarter, in a meeting with all concerned Departments in the State. The Chief Secretary UP may ensure further action in the light of the report of the Oversight Committee.
Similarly, at National level, such review needs to be conducted atleast once in a year by the Secretary, Environment in coordination with the Secretaries Mining and Jalshakti Ministries the CPCB."
Order of NGT dated 28.06.2021 seeking factual status
2. Vide order dated 28.06.2021, the Tribunal constituted a four-
member joint Committee of CPCB, SEIAA, UP, State PCB and District Magistrate, Jalaun to ascertain the compliance status and furnish a report. It was further directed that the report may mention about the 3 DSR and replenishment study for the Jalaun District and whether mining being done is consistent with the same. Further, the report was to indicate functioning of Monitoring mechanism in terms of order of this Tribunal dated 26.2.2021 in OA No. 360/2015, quoted above.
Report dated 3.11.2021 about factual status and response of one of the Project proponents (PP)
3. In pursuance of above, report dated 03.11.2021 has been filed giving the status of mining as follows:-
"3.3.1 M/s. Khajuraho Motor Pvt. Limited The Environmental Clearance for river bed mining at Gata No. 2558, 2559 Khand No. 03 village Bandhauli, Tehsil Orai District Jalaun (U.P.) (leased area 20.242 Ha) was obtained from SEIA dated 26/12/2018. As per EC, Salient details of the project site is presented below:
1 Name of Project Proponent M/s. Khajuraho Motor Pvt.
Limited 2 Full Address of the Proponent Sh. Yashpal Singh Parmar, District Chatarpur, MP 3 Name of Project Area 50 acre (20.242 Ha) on Betwa river for sand/Morrum mining 4 Project Location (Gatta Gatta No. 2558, 2559 Khand No. No./Khand No.) 04 village Bandhauli, Tehsil Urai District Jalaun (U.P.) 5 Name of River Betwa river 6 Name of Minor Minerals Sand/Morrum Mining 7 Sanctioned Lease area (in Ha) 20.242 Ha Minable Lease area (in Ha) 18.30 Ha 8 Max and Min MRL in leased area 114 mRL in NE and 110.0 mRL in S 9 Total geological reserve 6,00150 m 3 /annum 10 Total minable reserve in LOI 3,03,630 m 3 /annum 11 Total Proposed production per 3,03,630 m 3 /annum year 12 Sanctioned period of mining lease 5 years 13 Method of mining Open cast manual/semi-
mechanized method 14 Production of mine/day 1350 m 3 /day 15 Nos. of working days 225 16 Working hours per day 8 hrs 17 Nos. of vehicles movement per 150 Trucks per day day 18 Ultimate depth of mining 2.0 m 19 Water requirement per day 8.16 KLD 4 Specific Observations of M/s Khajuraho Motor Pvt Limited, Khand No 03 village Bandhauli, Tehsil Urai district Jalaun (U.P)
1. The project proponent (M/s Khajuraho Motor Pvt Limited, Khand 03) has not obtained consents to operate (CTO) under the Water Act.1974 and The Air Act, 1981 from concerned UPPCB since inception of the project.
2. The project proponent has not obtained permission from CGWA for abstraction of the ground water at the tube well.
3. The project proponent meets its water requirement through tube wells for domestic and plantation sprinkling purposes. Water meter at the tube wells were not installed.
4. The Project proponent has not submitted compliance reports of EC general conditions and specific conditions granted by SEIAA for effective implementation of environmental plan.
Recommendations
1. The project proponent (M/s Khajuraho Motor Pvt Limited) should not be permitted the operation of mining till it obtains consents to operate from concerned SPCB.
2. The Project proponent should ensure compliance of EC general conditions and specific conditions granted by SEIAA to effective implementation of environmental plan.
3. The project proponent may be levied Environmental compensation (EC) in view of noncompliance of EC conditions as well as operations without valid CTO.
4. The project proponent should obtain permission from CGWA for abstraction of the ground water at the tube well.
5. The District Mining Department should ensure restoration plan before starting of the mining operations in rest of the mining period.
3.3.2 M/s Khajuraho Motor Pvt Limited the Environmental Clearance for river bed mining at Gata No 2558, 2563 Khand No. 04 Village Bandhauli, Tehsil Urai District Jalaun (U.P) (leased area 16.194 Ha) was obtained from SEIA 15/10/2021. As per EC, Salient details of the Project site is presented below:
1 Name of Project Proponent M/s. Khajuraho Motor Pvt.
Limited 2 Full Address of the Proponent Sh. Yashpal Singh Parmar, District Chatarpur, MP 3 Name of Project Area 40 acre (16.19 Ha) on Betwa river for sand/Morrum mining 4 Project Location (Gatta Gatta No. 2558, 2563 Khand No. No./Khand No.) 04 village Bandhauli, Tehsil Urai District Jalaun (U.P.) 5 Name of River Betwa 6 Name of Minor Minerals Sand/Morrum Mining 5 7 Sanctioned Lease area (in Ha) 16.194 Ha 8 Max and Min MRL in leased area 113 mRL in NE and 109 in SW 9 Total geological reserve 4,85,820 m 3 /annum 10 Total minable reserve in LOI 2,42,190 m 3 /annum 11 Total Proposed production per 2,42,190 m 3 /annum year 12 Sanctioned period of mining lease 5 years 13 Method of mining Open cast manual/semi-
mechanized method 14 Production of mine/day 1080 m 3 /day 15 Nos. of working days 228 16 Working hours per day 8 hrs 17 Nos. of vehicles movement per 120 Trucks per day day 18 Ultimate depth of mining 12.75 m 19 Water requirement per day 8.12 KLD Specific Observations of M/s Khajuraho Motor Pvt Limited, Khand No 04 village Bandhauli, Tehsil Urai district Jalaun (U.P)
1. The project proponent (M/s Khajuraho Motor Pvt Limited) has not obtained consents to operate (CTO) under the Water Act.1974 and The Air Act, 1981 from concerned SPCB since inception of the mining operation.
2. The project proponent has not obtained permission from CGWA for abstraction of the ground water at the tube well.
3. The project proponent meets its water requirement through tube wells for domestic, plantation and sprinkling purposes. Water meter at the tube wells were not installed.
4. The Project proponent has not submitted compliance reports of EC general conditions and specific conditions granted by SEIAA for effective implementation of environmental plan.
Recommendations:
1. The project proponent may be levied Environmental compensation (EC) of noncompliance of EC conditions as well as operations without valid Consent to Operate (CTO).
2. The Project proponent should ensure compliance of EC general conditions and specific conditions granted by SEIAA to effective implementation of environmental plan.
3. The project proponent (M/s Khajuraho Motor Pvt Limited) should not be permitted the operation of mining till it obtains consents to operate from concerned SPCB.
4. The project proponent should obtain permission from CGWA for abstraction of the ground water at the tube well.6
3.3.3 M/s Rupesh Kumar Chauhan R/o 2/588, Tulsinagar Pollusheet, Post Kathgodam, Haldwani District Nanital, Uttrakhand. As per EC, Salient details of the Project site is presented below:
1 Name of Project Proponent M/s. Rupesh Kumar Chauhan 2 Full Address of the Proponent R/o 2/588, Tulsinagar Pollusheet Post Kathgodam, Haldwani District Nainital, Uttarakhand 3 Name of Project Area 30 acre (12.145 Ha) on Betwa river for sand/Morrum mining 4 Project Location (Gatta Gatta No. 2558, 2563 Khand No. No./Khand No.) 05 village Bandhauli, Tehsil Urai District Jalaun (U.P.) 5 Name of River Betwa river 6 Name of Minor Minerals Sand/Morrum Mining 7 Sanctioned Lease area (in Ha) 12.145 Ha 8 Minable Lease area (in Ha) 10.672 Ha Zero level mRL 107.0 mRL 9 Max and Min MRL in leased area 113.5 mRL in NE & 109.0 mRL in SW 9 Total geological reserve 3,64,350 m 3 /annum 10 Total minable reserve in LOI 1,82,175 m 3 /annum 11 Total Proposed production per 1,82,175 m 3 /annum year 12 Sanctioned period of mining lease 5 years 13 Method of mining Open cast manual/semi-
mechanized method 14 Production of mine/day 810 m3 /day 15 Nos. of working days 225 16 Working hours per day 8 hrs 17 Nos. of vehicles movement per 90 vehicles per day day 18 Ultimate depth of mining 2.75 m 19 Water requirement per day 14.60 KLD 20 Nearest metalled road from site 4.09 km Specific Observations of M/s Rupesh Kumar Chauhan R/o 2/588, Haldwani District Nanital, Uttrakhand, Khand No 05 village Bandhauli, Tehsil Ural District Jalaun (U.P)
1. The project proponent possesses valid consents to operate upto 31/12/2024 under the Water Act, 1974 and The Air Act, 1981 from concerned SPCB.
2. The project proponent has not obtained permission from CGWA for abstraction of the ground water at the tube well.
3. The project proponent meets its water requirement through tube wells for domestic, plantation and sprinkling purposes. Water meter at the tube wells were not installed.
4. The Project proponent has not submitted compliance reports of EC general conditions and specific 7 conditions granted by SEIAA for effective implementation of environmental plan.
Recommendations:
1. The project proponent may be levied Environmental compensation (EC) in view of noncompliance of EC conditions.
2. The project proponent should obtain permission from CGWA for abstraction of the ground water at the tube well.
3.3.4 M/s ASVP construction Environmental clearance for sand minning from river bed at khand No. 05/A Gata No. 2556 & 2556 village Bandhauli, Tehsil Urai district Jalaun (U. P) (leased area 36.437Ha) is granted. As per EC the salient details are as follows:
1 Name of Project Proponent M/s. ASVP Construction 2 Full Address of the Proponent Sh. Sumit Saxena Partner, R/o Majhara Gonda 3 Name of Project Area 36.437 Ha acre (16.19 Ha) on Betwa river for sand/Morrum Mining 4 Project Location (Gatta Gatta No. 2556, 2557 Khand No. No./Khand No.) 05/A village Bandhauli, Tehsil Urai District Jalaun (U.P.) 5 Name of River Betwa river 6 Name of Minor Minerals Sand/Morrum Mining 7 Sanctioned Lease area (in Ha) 36.437 Ha 8 Max and Min MRL in leased area 116.5 mRL & 111.5 mRL 9 Total geological reserve 10,93,110 m 3 /annum 10 Total minable reserve in LOI 606639 m 3 /annum 11 Proposed production per year 5,45,400 m 3 /annum 12 Sanctioned period of mining lease 5 years 13 Method of mining Open cast manual/semi-
mechanized method 14 Production of mine/day 2424 m 3 /day 15 Nos. of working days 225 16 Working hours per day 8 hrs 17 Nos. of vehicles movement per 269 Trucks per day day 18 Ultimate depth of mining 1.75 m 19 Water requirement per day 17.8 KLD 20 Nos. of trees to be planted 1202 trees Specific Observations of M/s ASVP Construction:
1. The project proponent (M/s ASVP Construction) possess valid consents to operate upto 31/12/2021 under the Water Act, 1974 and The Air Act, 1981 from concerned SPCB.
2. The project proponent (M/s ASVP Construction) has not obtained permission from CGWA for abstraction of the ground water at the tube well.8
3. The project proponent meets its water requirement through tube wells for domestic, plantation and sprinkling purposes. Water meter at the tube wells were not installed.
4. The Project proponent has not submitted compliance reports of EC general conditions and specific conditions granted by SEIAA for effective implementation of environmental plan.
Recommendations:
1. The project should ensure compliance of all terms & conditions of the consents as well as EC issued by UP- SEIAA before starting of the mining operation.
2. The project proponents should obtain permission from CGWA for abstraction of the ground water at the tube wells.
3. The project should install electrometric flow meter at water abstraction point and maintain records of the same.
4. Observations made by the Joint Committee during site visit 06/10/2021:
1. In compliance of NGT order, the Constituted Committee visited the river bed sand mining sites which situated at village Bandhauli, tehsil Orai District Jalaun on October 6, 2021.
2. During visit, no mining activities were observed at these sites and found that these sand mining sites submerged into the river Betwa due to high level of water in the river.
3. During visit, committee observed the ponding effect in these sand mining sites.
4. The District Mining Department of Jalaun informed, replenish study report of the district was not carried out annually.
5. The committee noticed that these Project proponents have not been complying with EC conditions issued by SEIAA.
6. The committee noticed that the Project Proponents (PPs) have not provided the details of the various heads of Expenditure under the Corporate Environmental Responsibility (CER) plan.
7. During visit, Committee observed the approach Kachha Roads have not been maintained as well as no plantations were developed on either both side of this approach Roads.
8. On the day of visit, Committee observed that the project proponents (PPs) have not made any dust control measures to take-care of dust generated during transport of the mined mineral through kachha approach Roads.
9. As informed by UPPCB, R.0 Jhnasi, M/s ASVP Construction, Khand no. 5A, M/s Rupesh Kumar Chauhan, Khand no 5 Project Proponent have obtained consent to Operate (CTO) 9 under the Water Act 1974 and The Air Act, 1981 from UPPCB. However, other two project Proponents (namely M/s Khajuraho Motor Pvt Limited for khand 03, M/s Khajuraho Motor Pvt Limited for khand 04) have not obtained consent to operate (CTO) since inception of the sand/Morrum Mining activities located at Bandhauli. Hence, it is noted that the excavation work of sand mining activities was carried out by these three Project Proponents without CTO which is a violation under E(P) Act,1986 with respect to provision under the Water Act and the Air Act.
10. As per EC specific conditions, it is required that 04 Ambient Air Quality monitoring stations should be established in the core zone as well as in the buffer zone for monitoring PM10, PM2.5, 502 & NOx. Location of the station should be decided based on the Meteorological Data, Topographical features and Environmental & Ecological targets. The frequency of the monitoring should be undertaken in consultation with the State Pollution Control Boards.
However, during visit, no monitoring reports were provided by these PPs.
11. During visit, Committee have found that no Geo-Coordinate Pillars were located at their site locations.
12. Primary survey of flora and fauna study has not been carried out by the project proponents as per EC terms and conditions.
13. The District Survey Report (DSR) has been prepared by the District Mining Department of Jalaun as per the MoEF&CC Sustainable Sand Mining Management Guidelines 2016.
14. The project proponents have not conducted detailed replenishment study duly authenticated by a QCI- NABET accredited consultant and the District Mines Officer as per EC guidelines.
15. During visit, committee observed that the Project proponents have not developed green cover /tree plantation in the area equivalent to 20% of the total leased area either on riverbank or along the roadside.
16. During visit, the Project proponents (PPs) has not provided the site pit photographs with the date, time and point co- ordinate of the lease areas.
17. The Project Proponents have not carried out Hydro-
geological study by a reputed organization/institute within 6 months and establish that Mining in the said area will not adversely affect the ground water regime.
18. During visit the committee observed fugitive emission at the stock yards and on the haul roads.
19. The Committee visited a stock yard which has made up of heaps of the sand in unscientific manner no fencing around the same. No arrangement made for dust suppression in the stock yard.
20. During visit committee observed that mineral transportation vehicles from the Stock yard of the sand carry the sand/ Morrum through uncovered vehicles.
21. The state agency surveillance team gathered information on the experience of each of the State in illegal mining. Information such as number of approved sand/morrum reaches, operational sand/morrum reaches; location and 10 area of the reaches, etc. were collected for all the States. The reaches were shortlisted from where illegal mining activities have been reported and detailed analysis was done to understand the impact of illegal mining in the respective reach.
5. Monitoring Mechanism by Adopted by UP State Mining Department
22. During visit, committee visited the strategic location where the Mining Department of U.P state has installed at CCTV camera at Jolhupur Maur (Near Kalpi) for surveillance of the Mineral transportation vehicles at District Jalaun area and noted that it is connected to Central server at Lucknow. The committee observed this CCTV camera has been installed only one-way side of road in two-way road.
6. Recommendations:
After detailed deliberation, the Committee has come out with the following Recommendations:
In view of the observed non- compliances of the EC conditions as granted by UP SEIAA and operation of the mining without valid Consent to Operate (CTO) from UPPCB, suitable action may be taken by the concerned Department against the defaulters and recover compensations.
1. The individual proponents should ensure compliance of EC general conditions and specific conditions granted by SEIAA to effectively ensure implementation of environmental plan.
2. The District Mining Department should not permitted for the mining operation till provision of motorable road from mining sites to main Road further tree saplings to be planted on both sides of the road at the cost of the Project proponent on share basis.
3. The District Mining Department shall conduct study of replenishment pre and Post monsoon and accordingly permit the mined out material of the proponents.
4. The Local administration/District Mining Department shall ensure no mining is carried out during the night time.
5. The District Mining Department should ensure regular water sprinkling for dust suppression on the approach road at the cost of the Project proponents on share basis.
6. The transport route from mining site to the stock yard and to main road shall be improved and water sprinkling shall be carried out to control the dust generated from the plying of vehicles.
7. The District Mining Department shall ensure light weight excavator/JCBs are deployed to remove mineral from river bed up to maximum depth of 03-meter layer from general level of the bed.
8. Periodic Monitoring (at least four times in a year - pre-
monsoon, Monsoon, Post monsoon and winter) once in each 11 season shall be carried out by reputed institutions and the data thus collected may be sent regularly to SEIAA. If at any stage, it is observed that the groundwater table is getting depleted due to the mining activity; necessary corrective measures shall be carried out, which includes immediate stooping of mining operations.
9. To prevent air pollution due to the dust during sand quarrying operations and safeguard the persons in the sand quarry and depot site, constant water sprinkling on the pathways and dust prone areas may be done. The sand/Morrum loaded vehicles are to be covered with a tarpaulin before moving out of the quarries/depots.
10. The district Mining Department should verify annually the ground /surface level (in meter above MSt.) in and around of the mined area.
11. Mining shall be done in layers of 1-meter depth to avoid ponding effect and after first layer is excavated, the process will be repeated for the next layers.
12. The Mining Department shall ensure surveillance on both side of Road through CCTV camera at Jolhupur Maur (Near Kalpi) and its connectivity to central server.
13. The Mining Department shall also install CCTV cameras at both the sand reaches as well on the check posts. The installation of CCTV cameras shall ensure that all the active reaches are monitored. This installation in the way is useful in tracking the vehicles carrying sand from a reach which has been notified.
14. The CC Cameras shall be installed at check post on the sand transport route and connected to the servers of District/Taluka Sand Monitoring Committees for monitoring.
15. The Mine-Tag (M-Tag) shall be made mandatory for each vehicle registered for transportation of the minerals.
16. The District Mining Department shall regularly inspect the mines sites and the encroachment and shall also ensure that depth of mining are monitored similarly.
17. The concerned State Government shall have a strict vigilance on sand reaches and transportation in their jurisdiction.
18. Task force is constituted by the collectors with line departments for periodic inspection to comply with EC conditions and mine plan.
19. Border check posts shall be established with multi-
disciplinary departmental Task Force, to prevent transportation of sand to other States.
20. The State should ensure that online permits issued for transportation of sand are printed on a secure paper and the permit should have QR code/ bar code along with a hologram.
21. The state level/District authority shall use advanced technology and new gadgets like Total Stations, Global Positioning System (GPS) instruments etc. Before the commencement of mining operations, the depth of sand/morrum quarrying needs to be measured accurately.
22. Audit on the quantity permitted, quantity mined out shall be conducted every year by the concerned department.
1223. Primary survey of flora and fauna shall be carried out and data shall be submitted to the concerned RO, SPCB and SEIAA within six months.
24. Replenishment study should be done across the States in all districts every year as per the method prescribed in the Sustainable Sand Mining Guidelines 2016 of MoEF&CC.
25. Corporate Environmental Responsibility (CER) plan should be prepared and executed by the project proponent and the details of the various heads of Expenditure to be submitted as per the guidelines provided in the recent CER notification number 22-65/2017-IA.III dated 01/05/2018.
26. Sand/morrum quarrying lease area shall be demarcated on the ground with pucca stone or concrete pillars to show the present natural bed level and the depth of mining allowed.
27. The local administration should ensure so that the mining operations are not executed.
28. The maximum depth of mining in the river-bed shall not exceed three meters measured from the un-mined bed level at any point of time with proper bench formation.
29. The buffer zone shall be demarcated clearly before the start of mining activity."
4. Reply has been filed by one of the PPs, Respondent No.9, M/s ASVP Construction. Other PPs have chosen not to file any reply.
Finding and directions
5. We have heard learned Counsel for the parties and given consideration to the matter.
6. It is not disputed that there is no replenishment study. Cluster procedure has not been followed as per procedure laid down by the MoEF&CC in Notification dated 15.01.2016. In two cases the PPs do not have requisite CTO while in the remaining illegal extraction of ground water has been observed. Since requirement of DSR and replenishment studies are laid down by the MoEF&CC under the EMGSM, 2020 in the light of judgment of the Hon'ble Supreme Court in Deepak Kumar vs. 13 State of Haryana & Ors.1 read with orders of this Tribunal dated 14.10.2020 in OA No. 40/2020/EZ with OA No. 57/2020/EZ, Pawan Kumar vs. State of Bihar & Ors. and earlier orders, reiterated by the Hon'ble Supreme Court vide recent judgment dated 10.11.2021 in Civil Appeal No. 3661-3662 of 2020, State of Bihar & Ors. vs. Pawan Kumar & Ors., we are of opinion that ECs/other permissions granted by SEIAA need to be revisited. This view has been taken by this Tribunal repeatedly, including in recent order dated 01.07.2022 in O.A. No.319/2022, Dileep Singh vs. State of Uttar Pradesh & Ors.
7. Respondent No. 9 has submitted that it has legitimate source of water and is not extracting groundwater but the documents annexed shows supply of water for 'drinking purposes' and not for mining.
Further, it is stated that borewell which was installed is not used by the PP which is not substantiated.
8. In view of the above, mining by all the private respondents is held to be illegal. SEIAA, UP may revisit the ECs within two months. State PCB may also revisit consents, wherever granted and take action where illegal mining is taking place, following due process of law. Action taken may include recovery of compensation for illegal mining. District Magistrate, Jalaun may also proceed in the matter as per law.
A copy of this order be forwarded to the SEIAA, UP, State PCB and District Magistrate, Jalaun by e-mail for compliance.
The application is disposed of.
Adarsh Kumar Goel, CP 1 (2012) 4 SCC 629 14 Sudhir Agarwal, JM Prof. A. Senthil Vel, EM July 04, 2022 O.A. No. 212/2021 (Earlier Appeal No.16/2021) A 15