National Green Tribunal
Ghanai vs State Level Environment Impact ... on 12 August, 2022
Item No.01 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Appeal No. 07/2022
(I.A No. 50/2022 and I.A No. 51/2022)
Ghanai ...Appellant
Versus
State Level Environment Impact
Assessment Authority (SEIAA), U.P. & Ors. ...Respondents
Date of hearing: 12.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Abhishek Yadav, Advocate.
Respondents: Ms. Priyanka Swami, Advocate for Respondent no. 1.
Mr. Pradeep Misra alongwith Mr. Daleep Dhyani,
Advocates for Respondent no. 5.
Application under Section 14 of the National Green Tribunal Act, 2010.
ORDER
1. The present appeal has been filed by the appellant challenging the Environmental Clearance 03.12.2021 granted by the State Level Environment Impact Assessment Authority, U.P. to M/s R.N.S. Pvt. Ltd. for proposed River Sand/Morrum mining at Gata No. 03 GA, Khand No.- 03, Village-Nandha, Orai, Jalaun, U.P. for a sanctioned lease area of 8.502 ha. It is submitted that the leased area for proposed mining is habitat of crocodiles, under the Wildlife Protection Act, 1972 and they use the area for nesting and breeding. As per section 9 of the Wildlife Protection Act, 1972, crocodile is a protected reptile. Thus, any mining done in pursuance of the impugned environmental clearance would fall foul of the above mentioned provisions of the Wild Life Protection Act, 1972. It is submitted that the Environment Clearance has been obtained by concealing the above facts. It Appeal No. 07/2022 Ghanai Vs. SEIAA, U.P. & Ors. -2- is further submitted that agricultural land of the applicant is adjacent to the proposed site. The site in question is a rocky terrain/ rock having insufficient volume of mineable mineral as required for carrying out mining activities. It is submitted that the mining will result in huge degradation of environment, cause erosion, destruction of natural habitat of fauna and will adversely affect the crocodile breeding.
2. Vide order dated 18.02.2022, this Tribunal constituted a Joint Committee comprising of SEIAA and District Magistrate-Jalaun, Uttar Pradesh and directed the same to submit factual and action taken report within three months. The relevant part of the order reads as under:-
"In view of the above grievance of the applicant, it appears necessary to ascertain the factual position in the matter through a Joint Committee of the SEIAA and District Magistrate-Jalaun, Uttar Pradesh. The State PCB will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks and undertake site visit and look into the grievance of the applicant. Factual and action taken report may be furnished within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF..."
3. In compliance thereof, the Joint Committee inspected the area on 10.05.2022 and has submitted report vide email dated 24.05.2022. The relevant part of the report is reproduced as under:-
"X X X X X X In compliance of the above said order dated 18/02/2022, the Joint Committee comprising following officials visited the site on dated 10.05.2022:
1. ADM(F/R) Oral, Jalaun
2. Dr. B. B. Awasthi, Member of SEIAA, U.P.
3. Niranjan Sharma, R.O. UPPCB, Jhansi.
Besides the nominated members, Sh. Ranveer Singh, District Mining Officer, Mining Department (Jalaun) was also present on site for discussion. Committee's findings with regards to the site have been detailed in following part of the report. River Betwa:
Appeal No. 07/2022 Ghanai Vs. SEIAA, U.P. & Ors.-3-
The Betwa river is also a tributary of Yamuna River. Its basin extends from longitude 77° to 81' E and latitude 23°8' to 26° 0' N. The Betwa river originates at an elevation of 470 m in the Bhopal District in Madhya Pradesh. After traversing a distance of 590 km, the river joins the Yamuna River near Hamirpur at an elevation of 106.68 m. The total catchment area of the Betwa river is 46,580 sq. km of which 31,971 sq. km (68.64%) lies in M.P. and 14,609 sq. km (31.36%) lies in U.P. The basin is saucer shaped with sandstone hills around the perimeter. The river has 14 principal tributaries out of which 11 are completely in Madhya Pradesh and 3 lie partly in Madhya Pradesh and partly in Uttar Pradesh. The Halali and Dhasan rivers are the important tributaries of the Betwa River.
River Betwa in District Jalaun: The Betwa forms the boundary with Jhansi along the southern border from a point a few kilometres east of the town of Erichh to its junction with Dhasan. Its course, which up to the junction runs due east tends then somewhat to the north-east and it meanders along the south-eastern side of Tehsil Oral and Kalpi, separating them from Hamirpur. Like the Yamuna it leaves the district on Baoni border. It flows in a tortuous channel with many loops and bends. Its total length along the district border is approximately 96 kilometers, but from point to point it does not exceed 64 kilometers. Both the banks are fringed for some distance inland by unculturable ravines.
The Environmental Clearance for river bed mining at Gata No 03GA Khand No. 03 Village-Nandha, Tehsil - Oral District
- Jalaun (U.P) (leased area 8.502 Ha) was obtained from SEIAA dated 03/12/2021.As per EC, Salientdetails of the Project site is presented below:
1 Name of Project M/s R.N.S Pvt. Ltd.
Proponent
2 Full Address of the R/o 299, Munshipur, Maunath
Proponent Bhajan, District-Mau, U.P.
3 Name of Project River Sand/Morrum Mining
4 Project Location (Gata Gata No. 3-Ga, Khand No. 03,
No/Khand No.) Village Nandha, Tehsil-Orai,
District Jalaun (U.P.)
5 Name of River Betwa River
6 Name of Minor River Sand/Morrum Mining
Minerals
7 Sanctioned Lease area 8.500 Ha
(in Ha)
8 Total Proposed 85020 m3/annum
production per year
9 Sanctioned period of One year
mining lease
10 Method of Mining Opencast, semi-Mechanized
11 Production of 378 m3/day
Mine/day
Appeal No. 07/2022 Ghanai Vs. SEIAA, U.P. & Ors.
-4-
12 Nos of working days 225
13 Working hours per day 8 hrs
14 Nos of Vehicles 37
movement per day
15 Ultimate of depth of 1.05 m
mining
16 Water Requirement Purpose Requirement
(KLD)
Drinking 0.72 KLD
Suppression of 3.78 KLD
dust
Plantation 0.5 KLD
Other (if any) -
Total 5.0 KLD
Specific Observations of M/s R.N.S. Pvt Limited, Gata No.-
3Ga, Khand No 03 village Nandha, Tehsil-Orai district Jalaun (U.P)
1. As reported by the Mining Officer that no restoration plan has been submitted by Mining Project Proponent neither executed by District Mining Department jalaun.
2. The Project proponent has not submitted compliance reports of general conditions and specific conditions of EC granted by SEIAA for effective implementation of environmental plan. OBSERVATIONS MADE BY THE JOINT COMMITTEE DURING SITE VISIT 10.05.2022:
1. In compliance of Hon'able NGT order, the District Magistrate Jalaun At Orai have Constituted The Committee vide letter no 60/NGT OA-07/22 Dated 28.04.2022 (ANNEX) with nomination demand of specialist officer of Forest Department (Jeev Jantu) U.P in this continuation the Member secretary UP Pollution Control board Lucknow also requested to Principle chief Forest conservator (Jeev Jantu) U.P Vide letter no. H75253/C-2/NGT. Gen-07/22 Dated 09.05.2022 to nominate the Special Expert Officer of Crocodile (ANNEX).
2. The Committee Members visited the betwa river bed sand mining site which is situated at village Nandha, tehsil Orai District Jalaun on 10 May 2022 in absence of Expert Officer of Crocodile.
3. During the visit, no mining activities were observed at site and found that sand mining site is not submerged with water into the river Betwa.
4. During the visit, committee observed no ponding effect on sand mining site.
5. During the visit of Committee observed, That the Geo-
Coordinates Pillars for demarcation of sand mining area is not Appeal No. 07/2022 Ghanai Vs. SEIAA, U.P. & Ors. -5- available and indicative points of demarcation of the sand mining area is flashed by lime laying temporary.
6. Primary survey of flora and fauna study has not been carried out by the project proponent as per EC terms and conditions.
7. The Another Mining Area is being Used for Sand Mining at Gata No- 522 Gha Which is situated at near by the border of Jhansi and Jalaun District at river betwa and it is 300.00 Meter away from Gata No- 3 ga Khand No-3 Nandha Orai Jalaun and situated upstream of river betwa District Jhansi.
8. Another Mining area is in progress for sand mining at Gata No- 1191/2 Khand No-4 Sikrivyas Orai Jalaun which-is Situated down stream of river betwa from Gata No-3 ga Khand No-3 Nandha Oral Jalaun and it is situated within 500.00 meter away in District Jalaun.
9. The water flow in river betwa was observed in south direction adjoining said sand mining area of RNS PVT LTD Jalaun.
10. The presence of crocodile in River betwa near by the said sand mining lease area were not specify in absence of expert officer (Jeev Jantu). So, the specialist officer of forest department, U.P.can certify the possibilities/non-Possibilities of crocodiles nearby the flowing water area of River Betwa.
Recommendations
1. The project proponent (M/S R.N.S. Pvt Limited) should not be permitted the operation of mining till obtain consent to operate from concerned UPPCB,
2. The Project proponent should ensure compliance of general conditions and specific conditions granted the EC by SEIAA to effective implementation of environmental plan.
3. The project proponent should obtain permission from CGWA for abstraction of the ground water.
4. The District Mining Department should ensure restoration plan before starting the mining activities by project proponent."
4. Reply/objections to the Joint Committee report have been filed by the appellant on 09.08.2022.
5. Notices, alongwith the application and report of the Joint Committee be issued to the respondents no. 2, 3, 4, 6, 7, 8 requiring them to file their response/reply to the allegations made in the application and observations Appeal No. 07/2022 Ghanai Vs. SEIAA, U.P. & Ors. -6- made in the report of the Joint Committee within one month at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
6. The appellant is directed to take requisite steps for service of notices on the respondents and file his affidavit regarding the same by email at judicial- [email protected] within seven days.
7. List for further consideration on 21.09.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 12, 2022 AG