National Green Tribunal
Mangal Singh Solanki vs The Secretary Ministry Of Enviornment ... on 25 April, 2017
BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH,
BHOPAL
Original Application No. 151/2016 (CZ)
Mangal Singh Solanki vs. Union of India & 6 Ors.
and
M.A. No. 1090/2016 & 82/2017
CORUM : HON'BLE MR. JUSTICE DALIP SINGH, JUDICIAL MEMBER
HON'BLE Dr. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
PRESENT : Applicant: Shri Sandeep Singh Shekhawat,Adv.
State of Rajasthan/RSPCB : Shri Sandeep Singh, Adv.
Shri Prakash Mali, AME
Respondent : Shri Sheikh Vakil Khan, Adv.
Respondent No. 1: Shri Om Shankar, Adv. Date and Order of the Tribunal Remarks Order No.6
It is submitted before us that the Mining Engineer having th 25 April, 2017 jurisdiction over the area has been asked to quantify the loss caused to the environment and the amount necessary for the restoration of the environment. We are of the view that our order dated 27.03.2017 contains specific directions to the Member Secretary and Chairman SEIAA Rajasthan for doing the necessary task. They may take assistance of any officer which they considered necessary. This task cannot be delegated further by the SEIAA / its Member Secretary or the Chairman.
Among the relevant factors inter-alia we find that SEIAA needs to take into account the value of the mineral mined, damage caused in the instant case to the forest based upon the criteria of NPV or any other criteria that may act as a deterrent, the cost of restoration for the area concerned including the forest, the damage to the environment in terms of plying of vehicles of the persons in the vicinity of the area affected / exploited both in terms of the quality of the air as a result of plying of the heavy vehicles, the impact on the ground water including recharging as a result of depletion of the sand based upon the specific data which 1 can be obtained from the Ground Water Authority of the State or the Centre or any other satellite imagery or data that may be available. These are only illustrative heads and these may be many more which the SEIAA needs to take into account.
In addition to the above we would also suggest that while computing the loss caused to the environment by way of deterrence punitive amount be also considered. The SEIAA shall also include the cost of protection and management of the work of restoration of the environment. The plantation of saplings of requisite size and height and local species including the cost of their protection and maintenance for their survival for a period of at least five year has to be done.
In view of our previous order wherein directions have already been issued to the State Governments and authorities for providing necessary protection and support to the LOI holders the M.A. No. 1090/2017 does not merit any further consideration or directions. The M.A. No. 1090/2017 stands disposed of.
The M.A No. 82/2017 filed by the Applicant for taking documents on record. The same is allowed and the documents are ordered to be taken on record.
While dealing with this issue we further direct the State of Rajasthan to implement the Sustainable Sand Mining Guidelines 2016 issued by the MoEF & CC in respect of rivers sand mining even in the case of LOI holder as is required to be done or in the case of mining leases having valid ECs.
Let this matter be listed on 17th July, 2017.
.......................................,JM (DALIP SINGH) ........................................,EM (Dr. S.S.GARBYAL) 2 3