National Green Tribunal
Darbu Singh Uikey vs Madhya Pradesh State Mining ... on 20 September, 2023
Item No. 4
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 29/2023(CZ)
Darbu Singh Uikey Applicant(s)
Versus
MP State Mining Corporation & Ors. Respondent(s)
Date of Hearing: 20.09.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL EXPERT MEMBER
For Applicant(s): Mr. Sambhav Sogani, Adv.
For Respondent(s) : Mr. Naman Nagrath, Sr. Adv.
Mr. Shoeb Hasan Khan, Adv.
Mr. Prashant M. Harne, Adv.
Ms. Parul Bhadoria, Adv.
(with Mr. Alok Jain, RO, MPPCB)
Mr. Om Shankar Shrivastava, Adv..
ORDER
1. The issue of illegal mining was raised in the present Original Application alleging that mining and excavation of sand is being carried out by concerned leaseholders in the area beyond lease land; heavy machineries are being used in contravention of statutory provisions; illegally royalty is being collected from other sub dealers; forest area is being entered for illegal mining and trees have been cut illegally without any permission of authority.
2. Considering all these aspects, this Tribunal, vide order dated 04.07.2023, found it appropriate to constitute a committee comprising Collector, District, Balaghat, M.P. or his representative; representative of District Forest Officer, Balaghat and representative from Madhya Pradesh 1 Pollution Control Board and the said committee was directed to file a factual report.
3. In compliance thereof, the members of the committee visited the site and submitted the report as follows :-
FIELD OBSERVATIONS:
i. It was noted that 68 Sand mines in District Balaghat have been allotted to Respondent No. 5, by the M.P. State Mining Corporation (Respondent No. 1). The M.P. State Mining Corporation awarded the tender in favor of Respondent No. 5 which was valid up to 30/06/2023 for sand mining in entire Balaghat District. Applicant has deposited Rs. 1154816658 to MP Government.
ii. As per the record in MPPCB 60 sand mines have obtained Prior Environmental Clearance from MP SEIAA Bhopal and Board has granted Consent to Operate (CTO) to these 60 sand mines. For remaining mines EC and CTO have not been obtained by the respondent no.
5 and no mining was carried out from these mines. The Details of mines and their production capacities as per the prior EC issued by MP SEIAA / CTO of MPPCB is enclosed.
iii. 21 Stock licenses have been issued by the mining department and Board has granted CTE & CTO to these stock yards.
iv. A site in village Kheri near River Wainganga as suggested by the complainer Shri Darbu Singh Uikey was visited along with him. There is no sanctioned sand mine in this region. No mining activity or mineral transportation could be observed in this region during, the inspection. However, scattered heaps of sand were observed at a few places in this region. As per the information of Mining department Balaghat this stock was seized by the Mining Deptt. and issued to the 2 current authorized contractor Respondent No. 5 as per the provisions of mining department.
v. A sanctioned sand mine at village Magardarra was visited by the Committee. The mine was granted prior EC by MPSEIAA and MPPCB has granted CTO to this mine in name of Respondent No. 5 (Magardarra Sand Mine). Lease area of this mine is 1.0 hect and maximum production capacity is 26,600 Cubic Meter Per Year. Presently no mining activity or transportation of mineral could be observed from this mine. However, an illegal stock was observed near the mine. As per the information of Mining department Balaghat this stock has been seized and issued to the current authorized contractor i.e. Respondent No. 5, as per the provisions of mining department. It was reported that a transportation pathway of this mine passes though forest land, this is a pre-existing pathway and no sign of cutting of trees could be observed in the pathway/area. Letter of DFO Balaghat is enclosed. Lamta Project Division Balaghat (M.P. Forest Department) collects the prescribed fee from the mineral transporters for using this pathway. Copy of receipt is enclosed.
vi. It is submitted that sub-dealers/retailers are not registered with mining/MPPCB.
vii. The committee also visited the site of damaged bridge in village Tumritola, Ghaghariya Dist-Balaghat, which is mentioned in the complaint. During the visit a part of the bridge was found to be collapsed. No activity / sign of sand excavation near the said bridge could be observed. There might be. some other reason for this damage, views may be sought from the concerned agencies/ experts in this context.
viii. It is most respectfully submitted that the rules pertaining to illegal mining, transportation and dumping have been notified in MP Gazette dated 8th April, 2022 under the Mines and Minerals (Development and 3 Regulation) Act 1957 the relevant part from the same is as follows:
(A) Chapter-V Rule No. 18Penalty for illegal extraction of mineral or illegal storage of mineral or their product-
(1) Whenever any person is found extracting or storing or on whose behalf such extraction or storing is being made in violation of Madhya Pradesh Minor Minerals Rules, 1996 or Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules 2019 or under these rules or any other rule prevailed by department shall be presumed to be a party to the illegal extraction or storing.
(2) To the party decided under sub-rule (1) the Collector or any officer authorized by him not below the rank of Deputy Collector shall after giving an opportunity of being heard determines that such person has extracted or stored the minerals in contravention of the provision of these rules, than he may compound by imposing the fine of fifteen times of the royalty on extracted or stored mineral, to the violator Amount equivalent to the fine shall be imposed additionally in form of environment compensation as penalty. Fine and amount of environment compensation shall be the total penalty.(B)Chapter-V Rule No. 19
Penalty for illegal transportation: -
(1) Whenever any person is found transporting mineral without valid transit pass in violation of Madhya Pradesh Minor Minerals Rules, 1996 or Madhya Pradesh sand (Mining Transportation, Storage and Trading) Rules 2019 or under these rules or any other rule prevailed by department or cause to be, then in such cases the Collector or any officer authorized by 4 him not below the rank of Deputy Collector may impose a fine of Fifteen times of the royalty.
An amount of Environment compensation as penalty shall be payable along with the .fine imposed mentioned as below: -
S. No Types of Vehicle Environment
compensation
1 Tractor Trolley 25,000/-
2 2 Excel (Six wheeler Vehicle) 50,000/- __
3 Dumper (hydraulic six wheeler 1,00,000/-
vehicle)
4 3 Excel (Ten wheeler Vehicle) 2,00,000/-
5 4-6 Excel (more than ten wheeler 4,00,000/-
vehicle)
Fine and amount of environment compensation shall be the total penalty.
It is further submitted that Forest department, Revenue department, Police department and Mining department have conducted field visit/ inspection from time to time to monitor and prevent Illegal Mining, Transportation and Storage of sand. In various Inspections, 10 cases were registered for illegal dumping, 14 cases were registered for illegal mining & 63 cases were registered for the illegal transportation of mineral. In all the cases Environmental Compensation has been imposed as per Madhya Pradesh Mineral (Prevention of illegal Mining, Transportation and Storage) Rules 2022. Brief of the same is as follows:
S. Type of cases Number of Quantity of Compounding Environmental No Cases sand in Fees Compensation in registered cubic meter Rupees 1 Illegal Mining 14 85 14000 330000 2 Illegal Storage 10 54 10000 2 10000 210.09 63000 3 Illegal 63 210.09 63000 2378481 Transportation Total 87 349.09 87000 2918481 5 The above amount has been recovered and deposited with the Government of Madhya Pradesh.
Copy of letters received from Mining Department is enclosed.
Beside, above 79 cases of illegal dumping were registered against the un-identified persons, these were allotted to the authorized contractor of District Balaghat i.e. Respondent No. 5, after recovering the additional Royalty.
It is respectfully submitted that the current authorized contractor Respondent No. 5 has obtained permission from the Mining Department for 09 Railway indent for transportation of sand by railway rack after verification of ETP and accordingly deposited royalties from time to time as per demand.
Geo-tagged photographs captured during the inspection are enclosed .
Compliances of the EC and CTO Conditions:
1. The mining operations have been carried out as per the approved mining plan. As per EC conditions in all the lease area below 5 Ha manual mining has been carried out whereas, in the mines having lease area of 5 Ha or above semi-mechanized (Other than fully Mechanized) mining has been carried out. No mining has been done by the Contractor in the non-leased areas. Mid-stream mining has not been reported during the entire mining period.
2. All leases have been granted by the Mining Department as per the DSR of Balaghat District which is approved by MP SEIAA.
3. Sand replenishment is considered in the sand mines and based on the estimated sand-deposits value of next tenders is fixed by the Mining Corporation.6
4. Sand mining below 3 meters or water level is not allowed as per the EC conditions, mining has been carried out accordingly.
5. In most of the sand mines natural plantation was observed. The proponents have carried out certain plantation in Village Schools, Panchavat Bhawan and some other places however, no additional plantation was observed on river sides.
6. Proponents have taken up some need-based activities under the CSR / CER.
7. No complaints pertaining to air or water pollution were received during the entire sand-mining period.
8. No complaints regarding mining during Monsoon Period were received.
9. Complaints pertaining to illegal mining / stocking and transportation were attended by the Mining department from time to time.
10. Only existing transportation routes have been used for transporting the sand and no new roads have been constructed for the purpose.
Conclusions: -
1. Presently all sand mining activities have been closed as the validity of the contract was only up to 30/06/2023 and the Monsoon season.
2. In various Inspections 10 cases are registered for illegal dumping, 14 cases are registered for illegal mining & 63 cases are registered for the illegal transportation. In all the cases Environmental Compensation has been imposed and recovered as per the provisions of Madhya Pradesh Mineral (Prevention of illegal Mining, Transportation and Storage) Rules 2022.
3. Existing pathways are being used for transportation and no sign of cutting of trees could be observed for making pathways.7
4. For mineral transportation by Railway rack necessary permission is obtained from competent authority.
4. It is relevant to quote here certain provisions of the Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rule, 2019, which is as follows:-
"3. Restrictions-
The following restrictions shall be applied with regard to mineral sand,-
1. No vehicle shall cause to be transported the mineral sand from the sanctioned quarry or storage place without prescribed transit pass.
2. No vehicle shall cause to be transported without substantial entry in Transit Pass (as quantity of mineral, date/time of transport, time to be taken to reach to destination place, etc.).
3. No person, except the valid contractor, shall be permitted to store mineral sand for commercial purpose or for use in commercial construction, quantity more than the quantity specified in these rules.
4. The vehicles engaged in sand transportation without GPS or establishing of machine of equivalent technique as prescribed, shall be prohibited after the date of notification by the State Government.
5. Extraction and removal of sand from the following area shall be prohibited as provided in sustainable sand mining guidelines, 2016 issued by Government of India
-
a) within 200 meters from any bridge;
b) within 200 meter upstream and downstream areas of any water supply scheme or water resources scheme;
c) within 100 meter from edge of national highway and Railway line;8
d) within 50 meter from any canal, reservoir or building;
e) within 50 meter from edge of state highway and 10 meters from edge of other village road;
f) within fixed distance from any areas which has been built to control the flood;
g) within 200 meter distance from the place of cultural, religious, historical, and archaeological importance or within the distance as provided in the Act/Rule;
h) such areas which have been declared prohibited by Collector due to environmental or other reasons:
Provided that, on receipt of representation, permission to grant for mining within the limit of prohibited area may be considered, after getting NOC/Consent from the concerned administrative department.
6. There shall be complete ban on mining, loading and storage of sand by machines from the sanctioned quarries in river Narmada. Sand mining, loading and storage from quarries having area up to 5.00 hectare situated on other rivers shall be done by the committee of local labourers and quarries having area more than 5.000 hectare, local labourers shall be given priority for sand mining, loading and storage. The use of machines for sand mining in other rivers may be given depending upon the requirement and approval in mining plan and environmental clearance.
5. (1) Demarcation of sand quarries The Collector, shall identify new sand bearing areas in rivers or on other places of the State. D.G.P.S. survey shall be carried out and its location on revenue map alongwith Latitude and Longitudes shall be marked:
Provided that the sand quarries demarcated and declared prior to the commencement of these rules, may be amended by following the same procedure as required.9
(2) Declaration of sand quarries The sand quarry identified as per sub-rule (1) above shall be declared by the Collector, after making such inquiry as he deems fit, on receipt of information/application /proposal. Prior to declaring sand quarry, opinion from the concerned Gram Panchayat/Urban Body shall be obtained and for this purpose a formal order shall be issued:
Provided, if no opinion/advise of the concerned Gram Panchayat/Urban Body is received within a period of 15 days, the Collector, by presuming that there is no objection, shall declare new sand quarries in non-
scheduled areas only:
Provided further that, if any objection is received from concerned Gram Panchayat/Urban Body within stipulated period, the Collector by disposing off the objections on merit shall take appropriate decision regarding declaration of quarry: Provided further that, prior to declaration of sand quarry consent/no objection of Gram Sabha shall be mandatory in scheduled areas: Provided also that, the declaration of such sand bearing areas shall not be necessary separately which are operational or have been auctioned earlier.
(3) Making of group of the sand quarry.-
(a)The Collector shall make the group of sand quarries and send proposal to the Director along with details of area, boundary, revenue map, Khasra-Panchsala, Latitude-Longitude for each quarry included in group.
(b) The group shall be constituted on the basis of geographical location and revenue boundary (Tehsil, District) as for as possible.
(c) While making the group, total area of sand quarries included in the group and approximate available quantity of sand shall be taken into consideration.10
(d) The proposal of constituted group sent by the Collector shall be finalised by Director.
12. Statutory Permissions.--
The statutory permissions/formalities for each sand quarry of the group may be obtained/completed, as per rule. All the statutory permissions (e.g. Mining Plan, Environmental Clearance, Water and Air Consent etc.) required for the operation of the sand quarry shall be obtained by the successful tenderer. The successful tenderer may start mining operation only after obtaining the statutory permissions as per rule 14. Excavation without statutory permission or excavation in excess quantity than permitted quantity in statutory permission, in such condition 100% cost of the excavated mineral and amount of compensation towards environmental damage shall be recoverable from the contractor. The statutory permission are as follows:-
(1) Mining Plan-
a) The successful tenderer shall submit mining plan for approval to the Collector within a period of one month from the date of issuance of letter of intent. The Mining Plan shall be prepared by the Recognised Qualified Person (R.Q.P.), authorised by the Director.
b) The mining plan shall consist of the location (latitude-
longitude) of the mines, quantity of mineable sand available in the sand quarry and other issues, as provided for in Madhya Pradesh Minor Mineral Rules 1996.
c) The Collector shall approve the mining plan on the basis of recommendations of the technically qualified officer (Post Graduate Degree Holder in Geology/Applied Geology) of the department posted in the district and in case if in any district technically qualified officer is not posted, in such case concerned Regional head or Director shall approve the mining plans.
d) The mining plan shall be prepared only on the basis of actual quantity available/estimated and all the Mining operations 11 shall be carried-out in accordance with the approved mining plan.
(2) Environmental Clearance- The successful tenderer after getting approved mining plan, within a maximum period of 15 days, shall submit application before the competent authority to obtain Environmental Clearance in accordance with notification issued by Ministry of Environment, Forest and Climate Changes.
(3) Water and Air Consent- The successful tenderer after getting environmental clearance within a maximum period of 7 days, shall submit application before the competent authority for obtaining the consent under the Water (Prevention of pollution and control) Act, 1974 and the Air (Prevention of Pollution and Control) Act 1981.
(4) Permissible Quantity-The mining shall be permitted up to mineable quantity fixed in mining plan, environmental clearance, water and air consent (whichever is less).
(5) The annual contract amount shall not be reduced in any case if there is reduction in mineable quantity in approved mining plan, environmental clearance, water and air Consent.
(6) All the above statuary permissions shall be obtained within a time limit. The corporation shall supervise for the permissions being taken for each group by the group contractor. In case of any delay, carelessness or lack of interest proceedings for cancellation of letter of intent may be initiated.
14. Commencement of the Mining Operations.--
(1) The successful tenderer, after execution of agreement and registration but prior to commencement of the mining operation, shall inform to the Collector about such intention. After Commencement of the mining operation the objection regarding available quantity of mineral in quarry, approach road and other related issues shall not be acceptable.
(2) On the condition of depositing the contract amount of the group on the prescribed date as mentioned in the agreement, the mining operation of the quarry may be started as and when the statutory 12 permission is received. It shall not be compulsory to obtain statutory permission for all the quarries of the group simultaneously.
26. Provisions for transition period.--
1. After commencement of these rules, there may be delay in complete execution of these rules, and due to nonoperation of sand quarries, deficiency in supply of sand may result, hence these provisions are being made. Some of the sand quarries which were auctioned previously and are in operation, the period of those quarries is up to March 2022. Besides this, some quarries which have been handed over/allotted to Gram Panchayat under provision of Madhya Pradesh Sand Rules 2018 are also in operation at present, the contractors of the group shall start immediately proceedings of transfer of permissions under environmental rules of such quarries.
2. Other sand quarries transferred to panchayat in which operations have been started after the completion of formalities, all such quarries may remain date of start of operation be operated by Panchayat/Urban Bodies till 31st March 2020 or by the new group contractor from after execution of agreement, whichever is earlier.
3. From the date of commencement of these rules, the contractors of the auction quarries, may surrender the quarries. Surrender of such sand quarries shall be accepted, giving exemption in condition of agreement and security amount shall be refunded as per eligibility.
4. Such quarries which have been surrendered or the period has been expired, shall be deemed to be included in the group which have been identified at the time of inviting tender. The contractor of the group shall complete all the statutory formalities for operation of such included quarries. In respect of this new quarry included additionally in the group, the amount of royalty as calculated per cubic meter shall be paid on the basis of the highest tender amount 13 received for that group. The period of new quarry included shall be up to the period of expiry of contract.
5. If during the period of operation of contract, any proposal for new quarry is received to the Collector, the Collector after such enquiry, as deems fit may include quarry in the nearest suitable group. The period of new quarry shall be the period of expiry of contract. The contractor of the group for despatch of sand from such new quarry shall deposit the amount on the basis of the highest tender amount received at the rate of per cubic meter for that group. Maximum of 25% of total permitted quantity for the group contract shall be allowed to be added in case of new quarry.
6. The group or quarries of the group remained vacant temporarily under the provisions of this rule or due to other reasons may, in public interest, be operated by the department or by the corporation for ensuring availability of sand.
5. Respondent no. 5 has filed the reply and submitted that the MP State Mining Corporation in view of the MP Sand (Mining, Transportation, Storage and Trading) Rule, 2019 invited tenders for the purpose of sand mining by way of the e-tender for district Balaghat and the applicant/respondent no. 5 was the successful bidder and after completion of agreement and depositing the security amount the tender was awarded to the applicant permitting sand quarries of district Balaghat in the sites mentioned in the agreement.
6. Learned counsel for the applicant has submitted that still there are certain illegal minings and in reply to the above contention it has been submitted that the photographs attached by the applicant have no latitude and longitude which has been purposely deleted from the photographs so as to hide the identity of the location to which such photographs belongs.
147. It is further submitted that certain other persons were involved in illegal mining and the respondent no. 5 being the highest bidder reported the matter to the revenue authorities for taking action and aggrieved by this original application has been filed after the period of three years.
8. It has further been submitted that joint committee has examined the matter and found no violations by the respondent no. 5. So far as transportation and other illegal mining are concerned. Respondent no. 5 has no concern in response to transportation of other illegal mining.
9. Learned counsel for the State has submitted that actions have been taken against the persons involved in illegal mining and for illegal transportation and storage, ten cases were registered for illegal dumping, fourteen cases were registered for illegal mining and sixty three cases were registered for illegal transportation of minerals in all such cases, environmental compensation have been imposed and realised, which has been narrated by the joint committee in its report.
10. It is further submitted that certain illegal dumpings were registered and those illegal dumping and mineral have been seized and action has been taken. The joint committee has further submitted that the lease has been granted by the mining department as per the DSR duly approved by the SEIAA and State PCB with the mining department are regularly taking inspection and taking actions against the illegal mining.
11. On the basis of above report submitted by the joint committee, we are of the view that no further action is required to be taken by this Tribunal.
However, we direct that the amount of environmental compensation realised by the State must be spent on the improvement of the environment of that area. Action plan must be proposed by the State Pollution Control Board.
1512. We further direct the State PCB and the mining department to periodically monitor the illegal mining and transportation of illegal mining and to take necessary actions in accordance with law.
13. With these observations the Original Application No. 29/2023 stands disposed of.
Sheo Kumar Singh, JM Dr. A Senthil Vel, EM 20th September, 2023 O.A No. 29/2023(CZ) PN 16