National Green Tribunal
Naveen Kumar vs State Of Uttar Pradesh on 16 August, 2024
Item No. 09 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 440/2023
(IA No 318/2024)
Naveen Kumar Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 16.08.2024
Uploaded on: 28.08.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Akash Vashishtha, Adv.
Respondent: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. with Mr. Sanjeev Kumar
Singh, Member Secretary, UPPCB (Through VC)
Mr. Amit Tiwari, Adv. with Mr. Avinash Kumar (Through VC), DM, Jhansi
Mr. Gigi. C. George, Adv. for NMCG (Through VC)
Mr. Saurabh Balwani, Adv. for CPCB (Through VC)
Mr. Bhanwar Pal Singh Jadon, Mr. Harsh Vardhan Singh Rajawat & Mr.
Rovin Singh Solanki, Advs. for R - 1 & 10
Ms. Priyanka Swami, Adv. for SEIAA, UP
Mr. Gaurav Kumar Bansal, Ms. Nandita Bansal, Ms. Chandrika
Upadhyaya & Ms. Ishita Sagar, Advs. for R - 11
Mr. Sarang S. Chowdhry, Mr. Shivam S. Chowdhry & Ms. Anjali
Chowdhry, Advs. for MoEF & CC (Through VC)
ORDER
1. In this OA, the Tribunal is examining the allegation of illegal sand mining in river Dhasan at Gata No. 1419, Kha Khand No. 01 in village Dhamnaud, Tehsil Garautha, District Jhansi, Madhya Pradesh being undertaken by Respondent No. 11 in violation of the Environmental Clearance (EC) conditions and in violation of the environmental norms and applicable rules.
2. The Tribunal in the order dated 22.05.2024 had reproduced the EC conditions which were alleged to be violated by the Respondent No. 11.
The reply filed by the State Environment Impact Assessment Authority 1 (SEIAA), Uttar Pradesh dated 20.05.2024 was considered and it was found that there was no response to the specific plea of the applicant in respect of non-compliance of EC condition and that SEIAA, UP had filed an evasive reply. The Tribunal had also noted that the District Magistrate, Jhansi had filed a response along with covering letter dated 21.05.2024 sent by the ADM (Judicial) enclosing therewith some instructions but there was no written response by the DM on the issues raised in the OA.
For filing such improper response. Tribunal had imposed cost on SEIAA, UP and DM for their lapse.
3. The Tribunal had also found that though the Respondent No. 4, UPPCB, a regulatory body, was served yet it was neither represented nor response was filed. Hence, the Tribunal had directed personal appearance of the Member Secretary, UPPCB by virtual mode today.
4. The photographs filed by the applicant as annexure A-2 were taken note of on the previous date showing instream mining by use of Poclain machine. To ascertain the extent of illegal mining in violation of EC condition by the Respondent No. 11, the Tribunal had formed a joint Committee, requiring the Committee to visit the site, collect full information mentioned in the order and submit the report.
5. The joint Committee had visited the site on 19.06.2024 and had filed the report before the Tribunal on 08.08.2024. The observations of the joint Committee in the report are as under:-
"C. Observation of Joint committee during the site inspection:
i) Letter of Intent (LOI) has been granted for mining of Sand/Morrum Mining from Dhasan Riverbed at Gata No. 1419 KhKhand No.- 01, Village- Dhamnaud, Tehsil-
Garautha, District- Jhansi U.P., (Leased Area 24.00 Ha) vide letter no. 1557/30 MMC/2019-20 dated 28.01.2020 (Annexure-I), which has been issued by DM Jhansi 2 (Mining Section). Mining plan has been approved by Directorate of Mining and Geology, Uttar Pradesh vide letter no. 1927/MP/2017 dated 26.02.2020 (Annexure- II).
ii) Environmental Clearance of the above project was accorded by SEIAA-UP vide no. EC22B001UP110182 Date 18/11/2022to the owner Vipin Kumar Saxena R/o- MIG-A/135 Aashiyana Pratham Teh. Distt Moradabad UP
-244001. (Annexure-III)
iii) PAs have obtained Consent to Operate (CTO) under both Act Ref No.173141/UPPCB/Jhansi (UPPCBRO)/CTO/ both/Jhansi/2022 dated 05-03-2023 which is valid from 05-03-2023 to 31-12-2027. (Annexure-IV)
iv) During the Joint Committee inspection, no mining activity was noticed at the site, which may be due to prior intimation of the Joint Committee inspection on dt.21.06.2024. As per the record it has been found that the total lease area of the mine is 24 ha., however, .kml file of the lease area shows that the total lease area of the above mine is around 28 ha. i.e., 4 ha more mining lease area as compared to the above lease. A satellite image is enclosed as Annexure-V.
v) A photograph taken during the Joint inspection is enclosed as Annexure VI.
During the inspection details discussion was done with all concerns and the point-wise status of the compliance of Environmental Clearance (EC) conditions has been tabulated below:
Specific Conditions of Environmental Clearance (EC) (Sr. No.-1 - 76):
1. Validity period of this EC is 5 As per the discussion held during years from the date of issue as the monitoring of the project and the LoI has been issued for a report submitted by PAs. As period of 5years or co-terminus stated in EC the validity of EC with the validity of current will be a co-terminus with the mine plan or current lease validity of the current mine plan, period whichever is earlier. which is approved for Five Years After this period the EC will from the date of Execution of the become null and void. Lease Area.
Complied
2. In the absence of replenishment As per the discussion held during study, in compliance of the monitoring of the project and Hon'ble NGT Order dated report submitted by PAs. It has 06.05.2022 initially the EC been found that the PAs have will be operational till conducted mining within their 31.12.2022. Permissible lease area and as per the quantity and area shall be approved Mining Plan. Boundary strictly limited to quantity and pillars have been erected area mentioned in LoI or properly.
mining plan, whichever is
lesser, and maximum Being Complied
mineable depth will be limited to
3
as approved in the mining plan.
3. For subsequent years, Project As per the discussion held during
Proponent shall submit fresh the monitoring of the project and
annual replenishment study to report submitted by PAs. It has
SEIAA, UP for amendment in been found that the PAs have yet
EC for mineable quantity and not submitted the replenishment
maximum permissible depth study to this office/RO-UPPCB
for mining based on scientific Jhansi.
findings of replenishment
study. Such study shall be Not Complied
placed before SEAC for
appraisal for next three years
to assess rate of deposition
and accordingly, mineable
production capacity and
depth can be prescribed
based on trends analysis,
provided it is found
scientifically satisfactory by
the SEAC. The placing of the
study report SEAC is
mandatory for initial three
years.
4. Directions/suggestions given As per the discussion held during
during public hearing and the monitoring of the project.
commitment made by the project Record state that the public
proponent should be strictly hearing was conducted on
complied. 06.05.2022. A commitment made during the public hearing has been complied or in the process of complying.
Being Complied
5. A certificate from Forest As per the discussion held during Department shall beobtained the monitoring of the project. The that no forest land is involved in project does not fall in the eco- mining or as a route and if sensitive zone. Forest clearance is forest land is involved the issued by the forest department project proponent shall obtain vide Letter No. 745/15-1 Jhansi, forest clearance and permission Dated11.08.2017. (Annexure-5) of Central and State Government as per the provisions of Forest Complied (conservation) Act, 1980 and submit before the start of work.
6. The mining lease holders shall, As per the discussion held during after ceasing mining operation the monitoring of the project and undertake re-grassing the report submitted by PAs. PAs mining area and any other area have assured us of re-grassing which may have been the area after the completion of distributed due to their mining the mining.
4activities and restore the land to a condition which is fit for growth of fodder , flora fauna Assured to Comply etc.
7. If the proposed project is As per the discussion held during situated in notified area of the monitoring of the project and ground water extraction, where report submitted by PAs. It has creation of new wells for been found that the PAs have one groundwater extraction is not bore well in the mine office, which allowed, the requirement of is 100 to 200 meters from the fresh water shall be met from lease area, which is found alternate water sources other working without required than ground water or legally permission. Groundwater is being valid source and permission used for drinking purposes only. from the competent authority shall be obtained to use it. Not Complied
8. Project Proponent should submit As per the discussion held during action plan for carrying out the monitoring of the project and plantation at least @1,000 report submitted by PAs. As per plants / ha of lease area. In this the report submitted by PAs have case, PP should prepare a plan, planted around 2700 tree duly approved either by Forest saplings of Neem, Sagaun, Kanji, Department or Horticulture Sisham, Amalaetc, which were Department, for planting at least purchased by Jai Jhansi Van 24,000 plants, either on Prabag and the local nursery on government land or community 01.07.2023 and 10.07.2024. It is land, within a periphery of 5 km required to conduct massive from the boundary of the lease drives during the ongoing area along with provision for monsoon period.
maintenance for 5 years.
Survival of plants should not be Partially Complied less than the survival rate notified by Uttar Pradesh Forest Department otherwise it will be treated as violation of EC condition.
9. In consultation with District No information in this regard has Environment Authority or an been submitted so far.
Authority nominated by concerned DM, project proponent will prepared a conservation Not Complied and management plan for rejuvenation and management of water bodies having total surface area of more than 120 ha.Funds for the same will be kept in a separate bank account and six monthly compliance status will be presented by project proponent before the nominated authority in the 5 District.
10. Department of Geology and As per record, Letter of Intent Mines, Government of Uttar (LOI) has been granted for mining Pradesh and or concerned of Sand/Morrum Mining from district administration, before Dhasan Riverbed at Gata No. releasing the security deposit to 1419 KhKhand No.- 01, Village- Project Proponent will ensure Dhamnaud, Tehsil- Garautha, that Project Proponent has fully District- Jhansi U.P., (Leased complied with the EC conditions. Area 24.00 Ha) vide letter no. Non-compliance, if any, should 1557/30 MMC/2019-20 dated be reported to UPSPCB for 28.01.2020, which has been appropriate legal action and issued by DM Jhansi (Mining recovery of compensation. Section). Mining plane has been approved by the Directorate of Mining and Geology, Uttar Pradesh vide letter no.
1927/MP/2017 dated
26.02.2020.
Being Complied
11 Any application for transfer of
this EC, during its validity
period unless it is cancelled by
a competent authority, has to be ---
necessarily accompanied with
status of compliance of EC
conditions duly certified by IRO,
MoEFCC, GoI, Lucknow.
12 If the air quality deteriorates As per discussion held during
due to mining, then District monitoring of the project and
Administration & Directorate of report submitted by PAs. It has
Mining should ensure that been found that the PAs have
mining be stopped immediately. conducted third-party monitoring
Adequate measures be taken for of the ambient air quality
restoring air quality and mining parameters by M/s IND Research
should commence only when air & Development Pvt. Ltd, Noida,
quality attains the prescribed which is MoEF&CC accredited
standards. laboratory. The submitted
analysis report depicted that the
values of PM10 were found high,
however, other parameters were
found well within the limit.
Besides, PAs have only one water
sprinkler for controlling fugitive emissions coming out by the mine, by sprinkling the water on Haulage road etc. Parameter Result PM2.5 in µg/M3 52.0 6 PM10 in µg/M3 132.0 SO2 in µg/M3 8.06 NO2 in µg/M3 19.0 CO in mg/m3 0.93 Partially Complied 13 In compliance of Hon'ble NGT As per the discussion held during Order dated 06.05.2022, for the monitoring of the project and subsequent years, Project reports submitted by PAs. It has Proponent shall submit fresh been found that PAs have yet not annual replenishment study to constituted/established separate SEIAA, UP for amendment in EC environmental management cell for mineable quantity and (EMC) with suitably qualified maximum permissible depth for personnel. As informed, around mining based on scientific 40 local people have been findings of replenishment study. employed with this project. Such study shall be placed before SEAC for appraisal for Not Complied next three years to assess rate of deposition and accordingly, mineable production capacity and depth can be prescribed based on trends analysis, provided it is found scientifically satisfactory by the SEAC. The placing of the study report SEAC is mandatory for initial three years.
14 NOC from Irrigation As per the discussion held during Department/ Concerning the monitoring of the project and Authority regarding river bed report submitted by PAs. mining is to be obtained before Required permission has already start of mining activity. been obtained, as informed.
Complied 15 The project proponent shall As per the discussion held during install solar light in their site the monitoring of the project and office. report submitted by PAs. It has been found that the PAs have yet not installed solar light systems within the lease area and mine office.
Not Complied 16 During the submission of 6 As per the available record, it has monthly compliance reports, the been found that the PAs have project proponent should make submitted six monthly compliance sure that the periodically taken reports to the Regional Office, site photographs should also be Lucknow along with the annexed along with the photograph and suitable 7 compliance report. annexures.
Being Complied 17 Preference should be given to As per the discussion held during indigenous local species as per the monitoring of the project and the consultation of the local report submitted by PAs. As per district Forest Officer. the report submitted by PAs have planted around 2700 tree saplings of Neem, Sagaun, Kanji, Sisham, Amalaetc, which were purchased by Jai Jhansi Van Prabag and the local nursery on 01.07.2023 and 10.07.2024. It is required to conduct massive drives during the ongoing monsoon period.
Partially Complied 18 Link Road from the quarry site As per discussion held during to the main road shall be monitoring of the project and constructed as an all-weather report submitted by PAs. It has road with blacktopping and been found that the haulage road maintained by the project between the lease area and Link proponent. Road already exists in the land.
As informed, basic maintenance has been done by the mine owner.
Being Complied 19 Vehicular emissions should be As per discussion held during kept under control and regularly monitoring of the project and monitored. Suitable measures report submitted by PAs. It has shall be taken for proper been stated that only PUC- maintenance of vehicles used in certifiedvehiclesare being used for quarry operation and the transportation of the vehicles transportation. used in quarry operation and transportation.
Being Complied 20 The project proponent should As per the discussion held during explore the possibilities of the monitoring of the project and rainwater harvesting. report submitted by PAs.
Not Complied 21 Agreement/ Consent between As per the discussion held project proponent and competent during the monitoring of the authority/ landowner for project and report submitted by haulage road from lease site to PAs. It has been found that the link road. haulage road between the Lease area and the Link Road already exists on Government Land. As informed, basic maintenance has 8 been done by the mine owner.
Being Complied 22 Latest technology (water As per the discussion held during sprinklers/ tankers) to be the monitoring of the project and adopted for mitigating dust at report submitted by PAs. It has source points in lease area and been found that the PAs have two haulage road during operational water sprinkler tankers, out of activity/vehicular movement. two one is found in working condition, other is not in working condition. It is required to fix the problem and also use sprinklings of the water at the site.
Being Complied 23 As per the proposed plan, As per the discussion held during plantation with area-specific the monitoring of the project and plant species, number of plants report submitted by PAs. As per to be planted. the report submitted by PAs have planted around 2700 tree saplings of Neem, Sagaun, Kanji, Sisham, Amalaetc, which were purchased by Jai Jhansi Van Prabag and the local nursery on 01.07.2023 and 10.07.2024. It is required to conduct massive drives during the ongoing monsoon period.
Partially Complied 24 Water requirement details along As per the discussion held during with source of water and the the monitoring of the project and permission/ agreement with the report submitted by PAs. It has concerned authority/ water been found that the PAs having supplying agencies to be one bore well in the mine office, submitted. which is 100 to 200 meters from the lease area, which is found working without required permission. Ground water is being used for drinking etc. Besides, for drinking purposes 0.9 KLD and for plantation purposes, water will be required 3.17 KLD, as mentioned in the six monthly compliance reports.
Not Complied 25 The Environmental clearance PAs have agreed with this will be co-terminus with the condition.
mining lease period/mining plan
whichever is less. --
9
26 At the time of operation, the As per discussion held during
project proponent will comply monitoring of the project and
with all the guidelines issued by report submitted by PAs. It has
the Government of India/State been found that the PAs comply
Govt. /District Administration majority of the conditions of
related to Covid-19. guidelines issued bythe
Government of India/State
Government.
Being Complied
27 Environment management in As per the discussion held during according to environmental the monitoring of the project and status and impact of the project. report submitted by PAs.
Not Complied 28 During the school opening and As per the discussion held during closing time transportation of the monitoring of the project and minerals will be restricted. report submitted by PAs. It has been stated that the mining operation and its transportation have been done only inday time.
Being Complied 29 Selection of plants for green belt As per the discussion held during should be on the basis of the monitoring of the project and pollution removal index. Project report submitted by PAs. It has proponent should ensure been found that the PAs have survival of tree saplings. planted several trees on the right Mortality should be replaced side of the lease area. Around from time to time. 2700 tree saplings of Neem, Sagaun, Kanji, Sisham, Amalaetc, which were purchased by Jai Jhansi Van Prabag and the local nursery on 01.07.2023 and 10.07.2024. It is required to conduct a massive plantation drive during the ongoing monsoon period by planting native species.
Partially Complied 30 No mining activity should be As per the discussion held during carried out in-stream channel as the monitoring of the project and per SSMMG, 2016. report submitted by PAs. It has been found that the mining work is going on the lease only.
Being Complied 31 Pakka motorable haul road to be As per the discussion held during maintained by the project the monitoring of the project and proponent. report submitted by PAs. It has been found that the pakka motorable road has been found 10 almost up to the mine office.
Being Complied 32 A separate Environmental As stated earlier, PAs have yet Management Cell with suitable not formed EMC cells. qualified personnel shall be set-
up under the control of a Senior Not Complied Executive, who will report directly to the Head of the Organization.
33 Permission from the competent As per the discussion held during authority regarding evacuation the monitoring of the project and route should be taken. report submitted by PAs. It has been informed that prior permission has been obtained from the local administration for the route.
Being Complied 34 One month monitoring report of As per the discussion held during the area for air quality, water monitoring of the project and quality, Noise level. Besides report submitted by PAs. PAs flora & fauna should be have submitted six monthly examined twice a week and be compliance reports along with air, submitted within 45 days for a noise, and water quality record. analysis.
Being Complied 35 Provision for cylinder to workers As per the discussion held during should be made for cooking. monitoring of the project and report submitted by PAs. It has been found that the lease holder provided gas cylinder to worker for cooking of food etc. Being Complied 36 The capacity of trucks/tractor As per discussion held during for loading purpose will be in monitoring of the project and tonnes as per Transport report submitted by PAs. It has Department applicable norms been stated that the norms of the and standard fixed by the Transport Department are being Government. followed by the leaseholder in the loading Process.
Being Complied 37 Approach road kaccha is to be As per the discussion held during made motarable and tree the monitoring of the project and saplings to be planted on both report submitted by PAs. It has sides of the road. Width of the been found that the pakka haul road shall be more than 6 motorable road has been found meter. almost up to the mine office.
11Being Complied 38 Indigenous plants should be As per the discussion held during planted according to CPCB the monitoring of the project and guidelines and in consultation report submitted by PAs. As per with local Divisional Forest the report submitted by PAs have Officer. planted around 2700 tree saplings of Neem, Sagaun, Kanji, Sisham, Amalaetc, which were purchased by Jai Jhansi Van Prabag and from local nursery on 01.07.2023 and 10.07.2024.
Partially Complied 39 The project proponent shall in 2 As per the discussion held during years conduct detailed the monitoring of the project and replenishment study duly report submitted by PAs. It has authenticated by a QCI-NABET been found that the PAs have yet accredited consultant, and the not submitted the replenishment District Mines Officer study to this office/RO-UPPCB Jhansi.
Not Complied 40 Provision for two toilets and As per the discussion held during hand pumps should be made at the monitoring of the project and the mining site. report submitted by PAs. It has been found that the PAs have provided a toilet and hand pump facility in the mine office, which is 100 to 200 meters from the lease area.
Being Complied 41 Drinking water for workers As per the discussion held during would be provided by tankers. the monitoring of the project and report submitted by PAs. It has been found that the PAs having one bore well in the mine office, which is 100 to 200 meters from the lease area, which is found working without required permission. Ground water is being used for drinking etc. Not Complied 42 Mining should be done by Bar As per the discussion held during scalping methods extraction the monitoring of the project and (typically 0.3 -0.6 m or 1 - 2 ft) report submitted by PAs. It has as per sustainable sand mining been found that the mining management guidelines 2016. activity has been performed as per the Sustainable Sand Mining Management Guidelines 2016.
12Being Complied 43 A buffer/safe zone shall be As per the discussion held during maintained from the habitation the monitoring of the project and as per mining guidelines. report submitted by PAs. It has been found that the buffer and safety zone have been provided.
Being Complied 44 A Corporate Environmental Report on work done under CER Responsibility (CER) plan shall and expenditure incurred under it be prepared by the project has not been provided to the proponent and the details of the Regional Office, MOEF&CC and various heads of expenditure to RO-UPPCB, Jhansi. PAs have be submitted as per the only informed us that various guidelines provided in the recent activities have been conducted CER notification No. 22- near the village and primary 65/2017-IA.III dated school.
01/05/2018.
Partially Complied 45 Health/Insurance card, Medical As per the discussion held during claim, regular health check-up monitoring of the project and camps, facilities shall be report submitted by PAs. It has provided to the been found that around 40 have regular/temporary/ Contractual been appointed, but no or any base workers. Copy of information provided related to receipt shall be produced to the the health camp.
Directorate of Environment
along with the compliance report Not Complied
46 Measure for conservation of As per discussion held during
water through rainwater monitoring of the project and
harvesting and cleaning and report submitted by PAs. No
maintenance of natural surface record has been provided so far.
water bodies of the nearby
areas may be considered as one Not Complied
of the activity in CER
47 The excavated mining material As per the discussion held during
should be carried and the monitoring of the project and
transported in such a way that report submitted by PAs. It has
no obstruction to the free flow of been found that the due to
water takes place. Suitable ongoing mining activity within the
measure should be taken and lease area will not obstruct the
details to be provided to concern free flow of the river water.
Department
Being Complied
48 Submit annual replenishment As per the discussion held during
report certified by an authorized the monitoring of the project and
agency. In case the report submitted by PAs. It has
replenishment is lower than the been found that the PAs have yet
approved rate of production, not submitted the replenishment
then the mining study to this office/RO-UPPCB
activity/production levels shall 13 be decreased/ stopped Jhansi.
accordingly till the
replenishment is completed Not Complied
49 The project proponent shall As per discussion held during
ensure that if the project area monitoring of the project and
falls within the eco-sensitive report submitted by PAs. It has
zone of National been found that the above lease
park/Sanctuary prior area does not fall within the eco-
permission of statuary sensitive zone of the National
committee of National board for Park/ Sanctuary.
wild life under the provision of
Wildlife (Protection) Act, 1972 Not applicable to this lease
shall be obtained before
commencement of work
50 If in future this lease area As per the discussion held during
becomes part of cluster of equal the monitoring of the project and
to or more than 05 ha. then report submitted by PAs. It has
additional conditions based on been found that the PAs have
the EIA shall be imposed. The already obtained cluster
lease holder shall mandatorily certificate vide no. 1630/30
follow cluster conditions MMC/2019-20 dated 03.2.2020.
otherwise it will amount to
violation ofE.C. conditions. If the Being Complied certificate related to cluster provided by the competent authority is found false or incorrect then punitive actions as per law shall be initiated against the authority issuing the cluster certificate 51 Project falling within 10 KM As per discussion held during area of Wild Life Sanctuary is to monitoring of the project and obtain a clearance from National report submitted by PAs. It has Board Wild Life (NBWL) even if been found that this project does the eco-sensitive zone is not not fall 10 KM area of Wild Life earmarked. Sanctuary is to obtain clearance from the National Board Wild Life (NBWL) even if the eco-sensitive zone is not earmarked. Therefore, this condition is not applicable.
Not Applicable 52 To avoid ponding effect and As per the discussion held during adverse environmental the monitoring of the project and conditions for sand mining in report submitted by PAs. No such area, progressive mining should ponding has been found on the be done as per sustainable site. Overall, Mining work is going sand mining management on the site as per the approved guidelines 2016. mine plan and as per Sustainable Sand Mining Management Guidelines 2016.
14Being Complied 53 In case it has been found that As per the discussion held during the E.C. obtained by providing the monitoring of the project and incorrect information, submitting report submitted by PAs. As per that the distance between the the record, the lease area of two adjoining mines is greater 24.00 Ha., which is also than 500mt. and area is less mentioned in the EC and mining than 05 ha, but factually the plane. No adjacent mine has been distance is less than 500 mt noticed. Besides, .kml file of the and the mine is located in lease area shows that the total cluster of area equal or more lease area of the above mine is than 05 ha, the E.C issued will around 28 ha. i.e., 4 ha more stand revoked. mining lease area as compared to the above lease.
Partially Complied 54 The project proponent shall in 2 As per the discussion held during years conduct detailed the monitoring of the project and replenishment study duly report submitted by PAs. It has authenticated by a QCI-NABET been found that the PAs have yet accredited consultant, and the not submitted the replenishment District Mines Officer which study to this office/RO-UPPCB shall form the basis for midterm Jhansi.
review of conditions of
Environmental Clearance. Not Complied
55 The mining work will be open- As per the discussion held during
cast and manual/semi the monitoring of the project and
mechanized (subject to order of report submitted by PAs. No
Hon'ble NGT/Hon'ble Courts blasting has been done by PP, as
(s)). Heavy machine such as this is a morrum mine. The lease
excavator, scooper etc. should area is riverbed only. The mining
not be employed for mining work is being done by open-cast
purpose. No drilling/blasting and manual/semi-mechanized
should be involved at any stage. only.
Being Complied
56 It shall be ensured that there As per the discussion held during
shall be no mining of any type the monitoring of the project and
within 03 m or 10% of the width report submitted by PAs. As
which ever is less, shall be left stated earlier the mining is being
on both the banks of precise conducted within the lease area
area to control and avoid only.
erosion of river bank. The
mining is confined to extraction Being Complied
of sand/moram from the river
bank only.
57 The project proponent shall As per the discussion held during undertake adequate safeguard the monitoring of the project and measures during extraction of report submitted by PAs. As 15 river bank material and ensure stated earlier the mining is being that due to this activity the conducted by lease only within hydro-geological regime of the the lease area, hence no hydro- surrounding area shall not be geological regime of the affected. surrounding area is affected.
Being Complied 58 The project proponent shall As per the discussion held during adhere to mining in conformity the monitoring of the project and to plan submitted for the mine report submitted by PAs. As lease conditions and the Rules stated earlier the mining is being prescribed in this regard clearly conducted by lease only within showing the no work zone in the the lease area. No bridge etc has mine lease i.e. the distance from been found within the lease area. the bank of river to be left un- PAs have assured that the mining worked (Non mining area), work will be stopped during the distance from the bridges etc. It monsoon period. shall be ensured that no mining shall be carried out during the Being Complied monsoon season.
59 The project proponent shall As per the discussion held during ensure that wherever the monitoring of the project and deployment of labour attracts report submitted by PAs. It has the Mines Act, the provision been found that the PAs have thereof shall be strictly followed. provided various shelters within the lease area, with basic facilities likes, water etc. Being Complied 60 The project proponent will As per the discussion held during provide personal protective the monitoring of the project and equipment (PPE) as required, report submitted by PAs. As also provide adequate training stated earlier, no mining activity and information on safety and was found on the day of the joint health aspects. Periodical committee inspection. However, medical examination of the during the discussion, it was workers engaged in the project found that the PAs have yet not shall be carried out and records provided the required PPEs to maintained. For the purpose, worker labor at the site. First aid schedule of health examination box facility etc has also not been of the workers should be drawn noticed. and followed accordingly.
Not Complied 61 The critical parameters such as As per discussion held during PM10, PM2.5, SO2 and NOx in monitoring of the project and the ambient air within the report submitted by PAs. It has impact zone shall be monitored been found that the PAs have periodically. Further, quality of conducted third-party monitoring discharged water if any shall of the ambient air quality also be monitored [(TDS, DO, parameters by M/s IND Research 16 pH, Fecal Coliform and Total & Development Pvt. Ltd, Noida, Suspended Solids (TSS)]. which is a MoEF&CC accredited laboratory. As per the submitted analysis data depicted that the values of PM10 were found higher than the prescribed standard, however, other parameters were found well within the limit.
Parameter Result
PM2.5 in µg/M3 52.0
PM10 in µg/M3 132.0
SO2 in µg/M3 8.06
NO2 in µg/M3 19.0
CO in mg/m3 0.93
Partially Complied
62 Effective safeguard measures, As per discussion held during
such as regular water sprinkling monitoring of the project and
shall be carried out in critical report submitted by PAs. As
areas prone to air pollution and stated earlier, PAs have two
having high levels of particulate tractor-mounted water sprinklers matter such as loading and at the site office. Out of that, only unloading point and all transfer one sprinkler is found working.
points. Extensive water
sprinkling shall be carried out Partially Complied
on haul roads.
63 It should be ensured that the As per discussion held during
Ambient Air Quality parameters monitoring of the project and
conform to the norms prescribed report submitted by PAs. It has
by the Central Pollution Control been found that the PAs have
Board in this regard. conducted third-party monitoring
of the ambient air quality
parameters by M/s IND Research
& Development Pvt. Ltd, Noida,
which is MoEF&CC accredited
laboratory. As per the submitted
analysis data depicted that the
values of PM10 were found higher
than standard, however, other
parameters were found well
within the limit.
Parameter Result
PM2.5 in µg/M3 52.0
PM10 in µg/M3 132.0
SO2 in µg/M3 8.06
17
NO2 in µg/M3 19.0
CO in mg/m3 0.93
Partially Complied
64 The extended mining scheme PAs have assured to Comply.
will be submitted by the proponent before expiry of present mining plan.
65 Four ambient air quality- As per discussion held during monitoring stations should be monitoring of the project and established in the core zone as report submitted by PAs. It has well as in the buffer zone for been found that the PAs have monitoring PM10, PM2.5, SO2 conducted third-party monitoring and NOx. Location of the of the ambient air quality stations should be decided parameters by M/s IND Research based on the meteorological & Development Pvt. Ltd, Noida, data, topographical features which is MoEF&CC accredited and environmentally and laboratory. As per the submitted ecologically sensitive targets analysis data depicted that the and frequency of monitoring values of PM10 were found higher should be undertaken in than standard, however, other consultation with the State parameters were found well Pollution Control Board. within the limit. As per data provided, it has also been noticed that the PAs have selected only one ambient air monitoring station for third party monitoring.
Parameter Result
PM2.5 in µg/M3 52.0
PM10 in µg/M3 132.0
SO2 in µg/M3 8.06
NO2 in µg/M3 19.0
CO in mg/m3 0.93
Not Complied
66 Common road for transportation As per discussion held during the
of mineral is to be maintained monitoring of the project and
collectively. Total cost will be report submitted by PAs. As
shared/worked out on the basis informed, it is being done under
of lease area among users. the Programme of Environment
Management plan (EMP), and
supporting information has been
produced during the inspection of
the project.
Partially Complied
18
67 Proponent will provide adequate As per the discussion held during
sanitary facility in the form of the monitoring of the project and mobile toilets to the labours report submitted by PAs. During engaged for the project work. the visit, no such sanitary (toilets) facility was available at the site office.
Not Complied 68 Solid waste material viz., As per the discussion held during gutkha pouches, plastic bags, the monitoring of the project and glasses etc. to be generated report submitted by PAs. During during project activity will be the visit, no such collection separately storage in bins and bin/pit, etc facility was available managed as per Solid Waste at the site office. Management rules.
Not Complied 69 Natural/customary paths used As per discussion held during by villagers should not be monitoring of the project and obstructed at any time by the report submitted by PAs. It has activities proposed under the been found that the PAs are using project. the road that has been constructed by the local administration for the transportation of the sand.
Being Complying 70 Digital processing of the entire No such report has been lease area in the district using submitted so far.
remote sensing techniques should be done regularly once in three years to monitor the Not Complied change of river course by Directorate of Geology and Mining, Govt. of Uttar Pradesh.
The record of such study is to be maintained and the report be submitted to Integrated Regional Office, MoEF&CC, GoI, Lucknow, SEIAA, U.P. and UPPCB.
71 The project authorities shall No such report has been advertise at least in two local submitted so far. newspapers widely circulated, one of which shall be in the vernacular language of the Not Complied locality concerned, within 7 days of the issue of the clearance letter informing that the project has been accorded environmental clearance and a copy of the clearance letter is available with the State 19 Pollution Control Board and also at web site of the SEIAA at http://www.seiaaup.in and a copy of the same shall be forwarded to the Integrated Regional Office, MoEF&CC, GoI, Lucknow, CPCB, State PCB.
72 The MoEF&CC/SEIAA or any PAs have agreed with this other competent authority may condition.
alter/modify the above conditions or stipulate any further condition in the interest of environment protection.
73 Concealing factual data or PAs have agreed with this submission of false/fabricated condition. data and failure to comply with any of the conditions mentioned above may result in withdrawal of this clearance and attract action under the provisions of Environment (Protection) Act, 1986.
74 Any appeal against this PAs have agreed with this environmental clearance shall condition. lie with the National Green Tribunal, if preferred, within 30 days as prescribed under Section 11 of the National Environment Appellate Authority Act, 1997.
75 Wastewater from potable use be Not Complied collected and reused for sprinkling.
76 A width of not less than 50 As per discussion held during meter or 10% width of river can monitoring of the project and be restricted for mining activities report submitted by PAs. As from river bank. A condition can stated earlier, mining work has be imposed that mining will be been going on within their lease done from river activities from and as per the mining plan.
river bank. You shall also ensure that the proposed site is not a part of any no- Being Complied development zone as required/prescribed/identified under law. In case of violation, this permission shall automatically deem to be cancelled. Also, in the event of any dispute on ownership or land use of the proposed site, 20 this clearance shall automatically deem to be cancelled.
General Conditions (Sr. No.-1 - 48):
1 This environmental clearance is As per discussion held during subject to allotment of mining monitoring of the project and lease in favor of project report submitted by PAs. It has proponent (PP) by district been found that the allotment of administration oblique mining mining lease in favor of the department. project proponent vide letter no 1557/30M.M.C/2019- 20 dated 28 /01/ 2020 by Mining Department 0f District Office Jhansi (U.P).
Complied 2 Forest clearance shall be taken As per discussion held during by the proponent as necessary monitoring of the project and under law. report submitted by PAs. Forest clearance is issued by forest Department vide Letter No -
745/15-1 Jhansi, Dated- 11 /08/ 2017.
Complied 3 Any change in mining area As per discussion held during Khasra numbers and tailing monitoring of the project and capacity addition with change in report submitted by PAs. As process and all mining stated by mining officer, there is Technology, modernization and no change in Khasra number etc. scope of working shall again require prior Environmental Complied Clearance as per the provisions of EIA notification, 2006 (as amended).
4 Precise mining area will be As per the discussion held during jointly demarcated at side by the monitoring of the project and Project permanent and officials report submitted by PAs. It has of mining /Revenue Department been found that the various prior to starting of mining mining pillars have been erected operations. Such site plan duly by the lessee on the mining lease, verified by competent authority which has been as per the lease along with a copy of the area and also endorsed by the Environmental Clearance letter mining officer.
will be displayed on a
hoarding/board at the site. A Being Complied
copy of site plan will also be
submitted to SEIAA within a
period of 02 months.
5 Mining and loading shall be As per the discussion held during
21
done only within days hours monitoring of the project and time. report submitted by PAs. It has been found that the mining and loading is done only within day's hours.
Being Complied 6 No mining shall be carried out in As per the discussion held during the safety zone of any bridge the monitoring of the project and and/or embankment. report submitted by PAs. As stated earlier the mining is being conducted by lease only within the lease area. No bridge etc has been found within the lease area.
PAs have assured that the mining work will be stopped during the monsoon period.
Being Complied 7 It shall be ensured that As per discussion held during standards related to ambient air monitoring of the project and quality/effluent as prescribed report submitted by PAs. It has by the Ministry of Environment been found that the PAs have and Forests are strictly complied conducted third party monitoring with. Water sprinklers and other of the ambient air quality dust control measures should be parameters by M/s IND Research applied to take-care of dust & Development Pvt. Ltd, Noida, generated during mining which is MoEF&CC accredited operation. Sprinkling of water laboratory. As per the submitted on haul roads to control dust analysis data depicted that the will be ensured by the project values of PM10 were found higher proponent. than standard, however, other parameters were found well within the limit.
Parameter Result
PM2.5 in µg/M3 52.0
PM10 in µg/M3 132.0
SO2 in µg/M3 8.06
NO2 in µg/M3 19.0
CO in mg/m3 0.93
Not Complied
8 All necessary statutory As per discussion held during
clearance shall be obtained monitoring of the project and before start of mining report submitted by PAs. operations, if this condition is violated the clearance shall be Letter of Intent (LOI) has been granted for mining of automatically deemed to have Sand/Morrum Mining from 22 been cancelled. Dhasan Riverbed at Gata No. 1419 KhKhand No.- 01, Village- Dhamnaud, Tehsil-
Garautha, District- Jhansi U.P., (Leased Area 24.00 Ha) vide letter no. 1557/30 MMC/2019-20 dated 28.01.2020, which has been issued by DM Jhansi (Mining Section).
Mining plane has been approved by Directorate of Mining and Geology, Uttar Pradesh vide letter no.
1927/MP/2017 dated 26.02.2020.
Environmental Clearance of the above project was accorded by SEIAA-UP vide EC22B001UP110182 Date 18/11/2022 to the owner Vipin Kumar Saxena R/o-
MIG-A/135 Aashiyana Prtham Teh. Distt Moradabad UP -
244001.
PAs have obtained Consent to Operate (CTO) under both Act Ref No.173141/UPPCB/Jhansi (UPPCBRO)/CTO/both/Jhansi /2022 dated 05-03-2023 which is valid from 05-03- 2023 to 31-12-2027.
Being Complied 9 Parking of vehicles should not As per discussion held during be made on public places. monitoring of the project and report submitted by PAs. It has been found that the lessee has sufficient space for parking of the vehicle.
Being Complied 10 No tree-felling will be done on in As per discussion held during the leased area, except only monitoring of the project and with the permission of Forest report submitted by PAs. As Department. informed, no tree feeling is required.
Not Applicable 11 No wildlife Habitat will be As stated earlier, no wildlife infringed. habitat has been mentioned.
Not Applicable 12 It shall be ensured that As per discussion held during excavation of minor mineral monitoring of the project and does not disturb or change the report submitted by PAs. It has 23 underlying soil characteristics of been found that the PAs have the riverbed/basin, where conducted third party monitoring mining is carried out. of the physic-chemical parameters of the soil by M/s IND Research & Development Pvt. Ltd, Noida, which is MoEF&CC accredited laboratory.
Parameters unit Result
pH - 8.10
Conductivity µS/cm 532.0
Mositure % by 10.6
mass
WHC % 16.5
Specify Gravity - 1.87
Bulk Density gm/cc 1.41
Cl mg/kg 232.0
Ca mg/kg 1610.0
Na mg/kg 187.0
K mg/kg 78.4
Mg mg/kg 214.0
OM % by 0.55
mass
CEC meq/10 13.2
0gm
Available N mg/kg 29.6
Available P mg/kg 7.12
Fe mg/kg 1805.0
Cu mg/kg 24.5
Zn mg/kg 40.6
Texture % by
mass
Sand 57.6
Clay 25.2
Slit 17.2
SAR By 1.16
calculati
on
Being Complied
13 It shall be ensured that mining As per discussion held during
operation of sand/Morram will monitoring of the project and
not in any way disturb the, report submitted by PAs. During
velocity and flow pattern of the visit, it was found that the PAs river water significantly. have conducted mining within the lease area.
24Being Complied 14 It shall be ensured that there is As per discussion held during no fauna dependent on the river monitoring of the project and bed or areas close to mining for report submitted by PAs. No such its nesting. A report on the report has been received by same, vetted by the competent Regional Office/ UPPB-RO, authority shall be submitted to Jhansi. the RO, PCB and SEIAA within 02 months.
Not Complied 15 Primary survey of flora and As per discussion held during fauna shall be carried out and monitoring of the project and data shall be submitted to the report submitted by PAs. No such RO, PCB and SEIAA within six report has been received to months. Regional Office. However, primary survey of flora and fauna has already been carried out during preparation of the EIA.
Not Complied 16 Hydro-geological study shall be As per discussion held during carried out by a reputed monitoring of the project and organization/institute within 6 report submitted by PAs. No such months and establish that report has been received to Mining in the said area will not Regional Office/UPPB-RO, Jhansi.
adversely affect the ground
water regime. The report shall
be submitted to the RO, PCB Not Complied
and SEIAA within six months. In
case adverse impact is
observed/anticipated, mining
shall not be carried out.
17 Adequate protection against As per the discussion held during
dust and other environmental the monitoring of the project and
pollution due to mining shall be report submitted by PAs.
madeso that the habitations (if Adequate protection against dust
any) close by the lease area are and other environmental pollution
not adversely affected. The due to mining has been made so
status of implementation of that the habitations (if any) close
measures taken shall be to the lease area are not
reported to the RO, UPPCB and adversely affected. To mitigate
SEIAA and this activity should the Environmental pollution due
be completed before the start of to mining proper precaution has
sand mining. been taken like:
Proper sprinkling of haulage
roads is done with a frequency of
two times per day.(Photos are
attached)
During Transportation, mineral
trucks are properly covered with
25
a tarpaulin cover. (Photos are
attached)
The status of implementation of
measures taken has been
reported to the RO, UPPCB and
SEIAA and this activity should be
completed before the start of sand
mining.
Complied
18 Need-based assessment for the As per discussion held during
nearby villages shall be monitoring of the project and
conducted to study economic report submitted by PAs, Project
measures which can help in proponent complying the
improving the quality of life of CSR/CER activities in which
economically weaker section of community development and
society. Income generating other initiatives are not taken
projects/tools such as under CER Programme. However,
development of fodder farm, related report etc has not been
fruit bearing orchids, vocational submitted with six monthly
training etc. can form a part of compliance report to concern
such program. The project authority.
proponent shall provide
separate budget for community Not Complied
development activities and
income generated programmes.
19 Green cover development shall As per the discussion held during
be carried out following CPCB the monitoring of the project and
guidelines including selection of report submitted by PAs. It has
plant species and in been found that the PAs have
consultation with the local planted several trees on the right
DFO/Horticulture officer. side of the lease area. Around
2700 tree saplings of Neem,
Sagaun, Kanji, Sisham, Amalaetc,
which were purchased by Jai
Jhansi Van Prabag and the local
nursery on 01.07.2023 and
10.07.2024. It is required to
conduct a massive plantation
drive during the ongoing monsoon
period by planting native species.
Partially Complied 20 Separate stock piles shall be As per the discussion held during maintained for excavated the monitoring of the project and topsoil, if any, and the top soil report submitted by PAs. It has should be utilized for green been found that the PAs have cover/tree plantation. planted several trees on the right side of the lease area. Around 2700 tree saplings of Neem, Sagaun, Kanji, Sisham, Amala etc, which were purchased by 26 Jai Jhansi Van Prabag and the local nursery on 01.07.2023 and 10.07.2024. It is required to conduct a massive plantation drive during the ongoing monsoon period by planting native species.
Partially Complied 21 Dispensary facilities for first-aid As per discussion held during shall be provided at site. monitoring of the project and report submitted by PAs. It has been found that the PAs have not provided basic first aid facilities at the mine office.
Not Complied 22 An Environmental Audit should As per discussion held during be annually carried out during monitoring of the project and the operational phase and report submitted by PAs. As per submitted to the SEIAA. the available record, It has been found that the PAs have conducted third-party monitoring of the various parameters by MOEF&CC accredited laboratory and submitted to this office.
Being Complied 23 The District Mining Officer As per discussion held during should quarterly monitor monitoring of the project and compliance of the stipulated report submitted by PAs. As conditions. The project stated, the inspection was done proponent will extend full by the mining office, and during cooperation to the District the inspection, proper support Mining Officer by furnishing the was provided. The Compliance requisite reports shall be also submitted to data/information/monitoring the DMO of the District. reports. In case of any violations of the stipulated conditions, the Being Complied District Mining Officer will report to SEIAA.
24 The project proponent shall As per discussion held during submit six monthly reports on monitoring of the project and the status of compliance of the report submitted by PAs. It has stipulated environmental been found that the PAs have clearance conditions including submitted six monthly compliance results of monitored data (both report to Regional Office, in hard and soft copies) to the Lucknow and Jhansi-RO-UPPCB. SEIAA, the District Officer and the respective Regional Office of Being Complied the State Pollution Control Board by 1st June and 1st December 27 every year.
25 A copy of the clearance letter As per discussion held during the shall be sent by the proponent visit, it has been informed that he to concern Panchayat, Zilla has submitted to concern.
Parishad /Municipal
Corporation and Urban Local Complied
Body
26 Transportation of materials As per discussion held during the
shall be done by covering the monitoring of the project and
trucks/tractors with trpaulin or report submitted by PAs. It has other suitable mechanism to been found that the avoid Fugitive emissions and transportation of materials is spillage of mineral/dust. done by covering the trucks/tractors with tarpaulin.
Being Complied 27 Waste water from temporary As stated earlier the PAs do not habitation campus be properly have mobile STP etc on the site connected and treated before office.
discharging into water bodies, the treated effluent should Not Complied conform to the standards prescribed by MoEF/CPCB 28 Measures shall be taken for As per discussion held during control of noise level to the limit monitoring of the project and prescribed by CPCB. report submitted by PAs. It has been found that the PAs have conducted third-party monitoring of the noise level quality by M/s IND Research & Development Pvt.
Ltd, Noida, which is MoEF&CC accredited laboratory. As per the submitted analysis report data are found within the limit.
Parameters dB (A) Results in dB
Day Night
ANQ-1 Project site 52.2 40.6
Being Complied
29 Special measures shall be As per discussion held during
adopted to protect the nearby monitoring of the project and
settlements on the impacts of report submitted by PAs. It has
mining activities. Maintenance been found that various
of village roads through which measures have been taken
transportation of minor minerals including Maintenance of village is to be undertaken, shall be roads through which carried out by the project transportation of minor minerals proponent regularly at his own is to be undertaken carried out by 28 expenses. the project proponent regularly at his own expense. Besides, distribution of the fruit-bearing plant etc. Being Complied 30 Measure for prevention and As per the discussion held during control of soil erosion and the monitoring of the project and management of silt shall be report submitted by PAs. It has undertaken. Protection of dumps been found that the PAs have against erosion, if any, shall be planted several trees on the right carried out with geo textile side of the lease area. Around matting or other suitable 2700 tree saplings of Neem, materials. Sagaun, Kanji, Sisham, Amala etc, which were purchased by Jai Jhansi Van Prabag and the local nursery on 01.07.2023 and 10.07.2024. It is required to conduct a massive plantation drive during the ongoing monsoon period by planting native species.
Partially Complied 31 Under Corporate Environmental As per discussion held during Responsibility (CER) a sum of monitoring of the project and 5% of the total project cost or report submitted by PAs. As per total income whichever is higher the submitted report, PP is to be earmarked for total earmarked an amount of 2.78 lease period. Its budget is to be Lakh spent during this semester separately maintained. CER for Corporate Environmental component shall be prepared Responsibility (CER).
based on need of local habitat income generating measures Being Complied which can help in upliftment of poor section of society, consistent with the traditional skills of the people shall be identified. The program can include activities such as development of fodder farm.
fruit bearing orchards free distribution of smokeless Chula etc. 32 Possibility for adopting nearest Not Complied three villages shall be explored and details of Civic amenities such as roads, drinking water etc. proposed to be provided at the project proponent's expenses shall be submitted within two months from the date of issuance of Environmental 29 Clearance 33 The funds earmarked for As per discussion held during Environmental Protection monitoring of the project and measures should be kept in report submitted by PAs The separate account and should Fund earmarked for not be delivered for the purpose. environmental protection measure Year wise expenditure should is not being diverted for other be reported to the Ministry of purpose. No information provided. Environment and Forests and its Regional Office located at Not Complied Lucknow, SEIAA, U.P and UPPCB 34 Action Plan with respect to As per discussion held during suggestion/Improvement and monitoring of the project and recommendations made and report submitted by PAs. agreed during Public hearing shall be submitted to the District Not Complied. Mines Officer, concern Regional Officer of UPPCB and SEIAA within 02 months.
35 Environmental clearance is As stated earlier that this subject to obtaining clearance condition is not applicable to this under the Wildlife (Protection) project. Act, 1972 from the competent authority, if applicable to this project.
36 The proponent shall observe As per discussion held during every 15 days for nesting of any monitoring of the project and turtle in the area. Based on the report submitted by PAs. No turtle observations so made, if turtle nesting was observed within the nesting is observed, necessary lease area. safeguard measures shall be taken in consultation with the State Wildlife department. For Not Applicable the purpose, awareness shall be created among the workers about the nesting sites so that such sites, if any, are identified by the workers during operation of the mines for taking required safeguard measures. In this regards, the safety notified zone should be left so that the habitat/nesting areas is undisturbed 37 The project proponent shall As per discussion held during undertake adequate safeguard monitoring of the project and measures during extraction of report submitted by PAs. As river bed material and ensure stated, mining is being done only that due to this activity the within the lease area. Therefore, 30 hydrogeological regime of the the possibility of the surrounding area shall not be hydrogeological regime of the affected. surrounding area is almost negligible.
Being Complied 38 The project proponent shall As per discussion held during obtain necessary prior monitoring of the project and permission of the competent report submitted by PAs. It has authorities for withdrawal of been found that the PAs having requisite quantity of water one bore-well in the mine office, (surface water and which is 100 to 200 meters from groundwater), required for the the lease area, which is found project. working without required permission, which is being used for drinking etc. Not Complied 39 Appropriate mitigative measures As per discussion held during shall be taken to prevent monitoring of the project and pollution of the river in report submitted by PAs. It has consultation with the State been noticed that the vehicle Pollution Control Board. It shall available on site has a valid PUC be ensured that there is no certificate. Besides, mining is leakage of oil and grease in the being done only within the lease river from the vehicles used for area. transportation.
Being Complied 40 Vehicular emissions shall be As per discussion held during kept under control and regularly monitoring of the project and monitored. The vehicles carrying report submitted by PAs. It has the mineral shall not be been noticed that the vehicle overloaded. available on site having valid PUC certificate.
Being Complied 41 Provision shall be made for the As per discussion held during housing of construction labour monitoring of the project and within the site with all report submitted by PAs. As necessary infrastructure and stated earlier, the PAs have small facilities such as fuel for site offices with basic facilities. cooking, mobile toilets, mobile Only male labor has been found STP, safe drinking water, working. Mobile toilet, first aid Medical Health Care, crèche etc. box etc. has not been provided.
(MoEF circular dated
22/09/2008 regarding
stipulation of condition to Partially Complied
improve the living conditions of
construction labour at site).
42 Personnel working in dusty As per the discussion held during areas should wear protective the monitoring of the project and respiratory devices and they report submitted by PAs. As 31 should also be provided with stated earlier, no mining activity adequate training and was found on the day of the joint information on safety and committee inspection. However, health aspects. Occupational during the discussion, it was health surveillance programme found that the PAs have yet not of the workers should be provided the required PPEs to undertaken periodically to worker labor at site. First aid box observe any contractions due to facility etc has also not been exposure to dust and take noticed.
corrective measures, if needed.
Not Complied 43 A copy of the clearance letter As informed, copy of EC had been shall be sent by the proponent given to the local concerned, to concerned Panchayat, Zila however, no proof made Parishad/Municipal corporation, available.
Urban Local Body and the local NGO, if any, from home Not Complied suggestions/representations, if any, were received while processing the proposal. The clearance letter shall also be put on the website of the company by the proponent 44 The environmental statement for As per informed by RO-Jhansi, each financial year ending 31st that the no such report has been March inform V as is amended received so far.
to be submitted by the project proponent to the concerned Not Complied State Pollution Control Board as prescribed under the environmental protection rules 1986 as amended subsequently, shall also be put on the website of the company along with the status of compliance of environmental clearance conditions and shall also be sent to the Regional Office of the Ministry of Environment and Forest, Lucknow by email 45 The green cover As per the discussion held during development/tree plantation is the monitoring of the project and to be done in the area report submitted by PAs. It has equivalent to 20% of the total been found that the PAs have leased area either on riverbank planted several trees on the right or along the roadside (Avenue side of the lease area. Around plantation). 2700 tree saplings of Neem, Sagaun, Kanji, Sisham, Amala etc, which were purchased by Jai Jhansi Van Prabag and the local nursery on 01.07.2023 and 32 10.07.2024. It is required to conduct a massive plantation drive during the ongoing monsoon period by planting native species.
Partially Complied 46 Debris from the river bed will be As per discussion held during collected and stored at secured monitoring of the project and place and may be utilized for report submitted by PAs. It has strengthen the embankment. been found that the debris from the river bed has been collected and stored and shall utilized for strengthening the embankment.
Being Complied 47 Safety measures to be taken for As per discussion held during the safety of the people working monitoring of the project and at the mind lease area should report submitted by PAs. It has be given, which would also been found that the PAs have not include measure for treatment of provided personal safety bite of poisonous reptile/ insect equipment likes, helmets, safety like snake shoes to the workers etc. In addition to the above, PAs have not first aid box on site.
Not Complied 48 Periodical and Annual medical As per discussion held during check-up of workers as per monitoring of the project and Mines Act and they should be report submitted by PAs. It has covered under ESI as per rule been stated that the periodical and Annual medical check-ups of workers have been conducted, related reports have not been producing during the joint inspection of the mining lease.
Not Complied "
6. The above report clearly reveals that out of 76 Specific Conditions of EC and 48 General Conditions of EC, 38 were found to be "not complied", 17 were found to be "partially complied" and 48 were found to be "being complied". Thus, the report of the joint Committee makes it clear that there is gross non-compliance of majority of the EC conditions by the PP.
337. The UPPCB is the regulatory body which has filed the compliance report on 30.07.2024 under the signature of the Regional Officer (RO), UPPCB, Jhansi. In the OA, UPPCB has been impleaded through its Member Secretary as Respondent No. 4. RO, UPPCB, Jhansi is not an impleaded respondent. The report filed by the UPPCB dated 30.07.2024 does not mention that it is on behalf of Respondent No. 4, Member Secretary or that RO, UPPCB, Jhansi was authorized by the Member Secretary to file the report on his behalf.
8. When the Member Secretary, UPPCB has been impleaded either he himself should have filed the report or it should have been filed on his behalf.
9. The Member Secretary, UPPCB virtually present has orally submitted that the said report was filed on his instructions. We have minutely examined the report and found that in the report no violation of environmental norms has been mentioned. The UPPCB being a regulatory body ought to have taken the matter seriously specially when it involves the issue of violation of environmental norms.
10. Along with the report, Annexure A-7 has been filed by stating as under:-
"4. That the status of compliance regarding the General Conditions and Specific Conditions of environment clearance issued by SEIAA UP, which is also forwarded to SEIAA UP for further necessary action, is also attached herewith as Annexure No. 7 in a tabulated format for the perusal of this Hon'ble Tribunal."
11. We have perused annexure A-7 and we find that most of the entries in last/comment column have been left blank and only under few it is mentioned "not complied". We also find that neither annexure A-7 has 34 been signed nor any covering letter showing its forwarding to the SEIAA, UP has been filed.
12. Member Secretary, UPPCB, appearing virtually has assured the Tribunal that in future reports will be properly filed and that no such instance of filing improper report will be repeated.
13. We find that though there is gross non-compliance/violation by the PP yet no action either by the SEIAA, UP or UPPCB has taken.
14. IA No. 318/2024 has been filed by DM, Jhansi for waiver of cost. In that application no explanation has been furnished for filing the improper response along with the covering letter dated 21.05.2024. The District Magistrate, Jhansi has appeared virtually and he could not furnish any proper explanation for not filing the proper report at the previous occasion. Hence, no ground for allowing the prayer made in IA 318/2024 for waiver of cost is made out. IA No. 318/2024 is accordingly rejected.
15. The DFO, Jhansi in compliance of order dated 25.04.2024 has also filed an affidavit dated 14.08.2024 stating that no intimation was furnished by the PP in respect of plantation of trees in compliance of General Condition 45 and Special Condition 8 of the EC which further strengthens the plea of applicant about non-compliance of the EC conditions by the PP.
16. Counsel for the applicant has also pointed out the specific condition no. 2 and 3 of the EC which reads as under:-
"2. In the absence of replenishment study, in compliance of Hon'ble NGT Order dated 06.05.2022 initially the EC will be operational till 31.12.2023. Permissible quantity and area shall be strictly limited to quantity and area mentioned in LoI or mining plan, whichever is lesser, and maximum mineable depth will be limited to as approved in the mining plan.35
3. For subsequent years, Project Proponent shall submit fresh annual replenishment study to SEIAA, UP for amendment in EC for mineable quantity and maximum permissible depth for mining based on scientific findings of replenishment study. Such study shall be placed before SEAC for appraisal for next three years to assess rate of deposition and accordingly, mineable production capacity and depth can be prescribed based on trends analysis, provided it is found scientifically satisfactory by the SEAC. The placing of the study report SEAC is mandatory for initial three years."
17. He has also pointed out that the EC was to operate till 31.12.2022 and for subsequent years the PP was required to furnish fresh annual replenishment study to SEIAA, UP but no such replenishment study was submitted by the PP till 31.12.2022 or immediately thereafter but he had continued with the mining operation for quite some time after 31.12.2022 without furnishing the fresh replenishment study. The respondent authorities have committed a serious lapse in not taking action against the PP even though there was a gross violation of Specific and General EC conditions.
18. In view of the above, the SEIAA, UP and UPPCB are directed to take action in accordance with law against the respondent, PP by duly complying with the principles of natural justice and submit further action taken report in the form of affidavit of the Member Secretary, UPPCB and the Member Secretary, SEIAA, UP atleast one week before the next date of hearing.
19. Learned Counsel for the PP at this stage has submitted that the PP has stopped the work and he will not carry out the work even after the monsoon till the matter is sub-judice before the Tribunal.
20. List on 25.11.2024.
Prakash Shrivastava, CP 36 Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM August 28, 2024 Original Application No. 440/2023 (IA No 318/2024) avt 37