National Green Tribunal
Rajjan Pandey vs State Of Uttar Pradesh on 13 July, 2022
Item No.04 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH
(By Video Conferencing)
Original Application No.193/2022
Rajjan Pandey ...Applicant
Versus
State of Uttar Pradesh & Ors. ...Respondents
Date of hearing: 13.07.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
ORDER
1. Grievance of applicant Mr. Rajjan Pandey is regarding illegal mining, crushing and blasting in the hills of Village Nahri, Gata no. 156,218,309, 501, 587, 588, 589 and 601 and hills of Village Khalari, Gata No. 54,144,145, Distt. Banda, Uttar Pradesh in violation of the environmental norms. It is submitted that illegal mining and blasting is causing air and water pollution in the surrounding area due to which the lives of nearby villagers and their cattle are in danger. It is also submitted that because of blasting, houses of the villagers have been destroyed and water of the pond became poisonous due to which many cattle have died.
2. Vide order dated 10.03.2022, this Tribunal constituted the Joint Committee comprising of State PCB, Director Mining and Geological Department, DFO and District Magistrate-Banda (Uttar Pradesh) and directed the same to submit factual and action taken report within two months. The relevant part of the order is reproduced hereunder:-
"Having regard to the seriousness of the allegations, it appears necessary to ascertain the factual position in the matter through a O. A. No. 193/2022 Raijan Pandey Vs. State of Uttar Pradesh & Ors.-2-
Joint Committee of the State PCB, Director Mining and Geological Department DFO and District Magistrate-Banda (Uttar Pradesh). The State PCB will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks and undertake site visit and look into the grievance of the applicant. Factual and action taken report may be furnished within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.,..."
3. In compliance thereof, the Joint Committee inspected the mining sites in question on 30.03.2022 and has submitted factual and action taken report vide email dated 06.04.2022.
4. In its report the Joint Committee has mentioned that at the time of inspection mining work was not going on and the villagers informed that mining work was not done for the last two months. The Joint Committee found boulders and stones on site leased out to M/s Harshit Enterprises. The Joint Committee has also submitted that applicant Mr. Rajjan Pandey and other villagers demanded that in mining leases sanctioned in Village Nahari and Khilari blasting may not be carried out without permission of concerned department regarding which requisites instructions have been obtained from Director Mines Safety, Varanasi, Uttar Pradesh and issued to all concerned for carrying out blasting in the mines as per rules and guidelines issued. The Joint Committee has further submitted that the mining sites leased are not in the form of forest and no pond was located near such leased sites in Village Khilari. There were some small size ponds in village Nahari in which rain water was found collected but the water was not contaminated. Some children were found taking bath in the ponds and cattle were also observed in the ponds. No industrial units is located nearby and no industrial effluents and sewage is being discharged in the said ponds. The villagers have stated that no animal had died due to drinking pond water. All the leased mining sites are more than 50 meters away from the abadi as required by the Uttar Pradesh Minor Minerals (Concession) Rules, 2021. Revenue of O. A. No. 193/2022 Raijan Pandey Vs. State of Uttar Pradesh & Ors. -3- Rs. 3,28,66,700/- and employment is being generated by 10 leased mining sites. In view of requirements of minor minerals for the public construction works, generating revenue and regulation and development of minor minerals, it would not be appropriate to cancel the mining leases.
5. We find from the report that the grievances of the applicant and other residents have not been specifically addressed. Also the questions of compliance with environmental norms and environmental clearance conditions imposed by SEIAA have not been gone into by the Joint Committee. The Joint Committee is mandatorily required by reference order to submit report regarding these aspects. However, in view of the fact that at the time of inspection by it, mining work was not being carried on, it will be appropriate that the Joint Committee visits the mining sites in question again when the mining work is being done.
6. We also consider appropriate to include the representatives of CPCB and SEIAA in the Joint Committee constituted on 10.03.2022. The re constituted Joint Committee may visit the mining sites in question, look into the grievances of the applicant pointwise, verify the facts regarding compliance with environmental norms and EC conditions by the Project Proponent and take appropriate remedial action as may be required by following due process of law. Factual and action taken report may be furnished within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
7. List for further consideration on 04.11.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM July 13, 2022 AG