National Green Tribunal
Mr Ashok Kumar And Anr So Late Sh Dharam ... vs State Of Uttar Pradesh & Ors on 23 July, 2025
Item No. 08 to 10 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 1003/2024
Mr Ashok Kumar and Anr. Applicants
Versus
State of Uttar Pradesh & Ors. Respondents
With
Original Application No. 1373/2024
News Item titled "How sand miners laid road across Yamuna between Delhi
and Ghaziabad" appearing in the Times of India dated 30.11.2024
With
Original Application No. 724/2023
( I.A. No 348/2024, I.A. No 254/2024,
I.A. No. 81/2025 & IA NO 80/2025 )
Bittu Applicant
Versus
State of Uttar Pradesh & Ors. Respondents
Date of hearing: 23.07.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Original Application No. 1003/2024
Applicants: None for the Applicants.
Respondents: Mr. Bhanwar Pal Singh Jadon, Ms. Hemlata Singh, Ms. Gargi Chaturvedi
and Ms. Anjali Sharma, Advocates for respondents no. 2, 3 and 4.
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Mr. Vinay Kumar Singh, Proxy Counsel for Mr. Saurabh Rajpal, Advocate
for Respondents No. 5 and 6.
Mr. Raj Kumar, Advocate for CPCB.
None for respondent no. 1.
Original Application No. 1373/2024
Applicant: Suo moto petition.
Respondents: Mr. Bhanwar Pal Singh Jadon, Ms. Hemlata Singh, Ms. Gargi Chaturvedi
and Ms. Anjali Sharma, Advocates for respondents no. 1 and 5.
Mr. Kush Sharma, Advocate for respondent no. 2 (through VC)
Ms. Soni Singh, Advocate for respondent no. 3 (through VC).
Ms. Jyoti Mendiratta and Ms. Ananya Basudha, Advocates for
respondents no. 6 to 9.
Mr. Ajay Kumar, DM (North East) (through VC).
Dr Shrikant Tapdiya SDM (Alipur) and Mr. Vibhav Shukla, Naib Tehsildar
(Alipur).
None for respondent no. 4.
Original Application No. 724/2023
Applicants: None for the Applicants.
Respondents: Mr. Mukesh Verma and Ms. Vatsala Tripathi, Advocates for respondents
no. 4 and 5.
Mr. Bhanwar Pal Singh Jadon, Ms. Hemlata Singh, Ms. Gargi Chaturvedi
and Ms. Anjali Sharma, Advocates for respondents no. 1 to 3 and 6.
Ms. Priyanka Swami, Advocate for respondent no. 7.
None for respondent no. 8.
ORDER
1. The applicants- Mr. Ashok Kumar and Mr. Karan Singh sent a letter petition dated 23.12.2023 to this Tribunal which have been registered as original application no. 1003/2024 for exercise of suo motu jurisdiction.
2. The applicants raised the grievances that M/s. New Panthar Security Guard Service, having mining permit/lease for sand mining at Yamuna river bed i.e., Gata No.303 mi, 313 mi, 290 mi, 301 mi, 303 mi, 304 mi, 314 mi, 297 mi, 298 mi, 302 mi, 311 mi, 312 mi, 313 mi & 314 mi situated at Khand No. 02,Village-Panchayat, Tehsil-Loni, Ghaziabad, Uttar Pradesh are carrying on mining in violation of EC/Consent condition/environmental norms.
3. Vide order dated 04.11.2024 this Tribunal constituted a Joint Committee which submitted report dated 04.12.2024. 2
4. Vide order dated 05.12.2024 this Tribunal impleaded MoEF & CC, State of Uttar Pradesh, UPPCB, District Magistrate, Ghaziabad, Bani Singh and M/s. New Panthar Security Guard Service.
5. In the course of hearing reports/responses/affidavits have been filed by the respondents no. 3, 4, 5 and 6.
6. Vide order dated 14.02.2025 respondents no. 5 and 6 were restrained from carrying out any further mining in the mining leased sites in question till further orders to the contrary.
7. The applicant-Mr. Bittu filed O.A. No. 724/2023 against State of Uttar Pradesh; Police Commissioner, Ghaziabad, District Magistrate, Ghaziabad, Director, Mining and Geology, Uttar Pradesh, District Mining Officer, Ghaziabad, UPPCB, UPSEIAA and M/s. New Panthar Security Guard Service seeking cancellation of EC, imposition of environmental compensation and prohibition of mechanized and semi-mechanized machinery. Vide order dated this Tribunal constituted a Joint Committee and issued notices to the respondents. Report of the Joint Committee was filed by the District Magistrate, Ghaziabad vide email dated 12.02.2024. Objections to the report were filed by the applicant-Mr. Bittu.
8. In the course of hearing report/replies have been filed by the respondents no. 6 and 8.
9. Vide order dated 08.07.2025 O.A. No. 724/2023 was sent to this Bench for being listed with O.A. No. 1003/2024 as the issues in both the cases pertains to the same EC against the same Project Proponent.
10. Vide order dated 30.04.2025, order dated 14.02.2025 was modified and Respondents No. 5 and 6 were allowed to carry out mining in the mining site subject to due compliance with EC, CTO conditions and 3 environmental norms particularly SSMG, 2016 and EMGSM Guidelines, 2020 and also subject to further conditions that Respondents no. 5 and 6 shall use only GPS fitted vehicles for transportation of mined material and also submit weekly monitoring reports and copy of CCTV footage in pen drive to UPPCB and also file copies thereof before this Tribunal at least one day before the next date of hearing fixed.
11. The District Magistrate, Ghaziabad was directed to ensure Compliance with SSMG, 2016 and EMGSM, 2020 in the District particularly regarding uploading of the information about mining in the District on the website of the District Administration and also taking of measures for prevention of illegal mining including surprise visits by the District Level Tasks Force and to ensure that no illegal mining or mining in violation of environmental norms is carried out in the mining lease sites and also adjoining area.
12. Status report dated 22.07.2025 has been filed by UPPCB and status report dated 22.07.2025 has been filed by the District Magistrate, Ghaziabad.
13. In its report UPPCB has mentioned that respondents no. 5 and 6 carried out mining and submitted weekly compliance report but without CCTV footage and details regarding transportation through GPS fitted vehicles.
14. In his report, District Magistrate, Ghaziabad has mentioned that on surprise inspection on 09.06.2025 Pillar D was not found at the site and incident of illegal mining was observed on which penalty of Rs.6,41,960/- was imposed vide order dated 28.06.2025.
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15. The case is fixed for final hearing today but learned Proxy Counsel for Mr. Saurabh Rajpal, learned Counsel for respondents no. 5 and 6 seeks adjournment.
16. Request for adjournment is not opposed and is, therefore, allowed.
17. Respondents no. 5 and 6 are directed to file their response to the reports filed by UPPCB and the District Magistrate, Ghaziabad with all requisite details regarding compliance by them with the directions issued by this Tribunal and also objections, if any, to the observations made by UPPCB and the District Magistrate, Ghaziabad in their reports.
18. We have logged in the website of District Administration, Ghaziabad through the link provided in status report filed by the District Magistrate at Page-1304 of the paper book and we find that all relevant information as directed by this Tribunal has not been provided on the website.
19. The District Magistrate, Ghaziabad is directed to file additional affidavit clarifying the factual position with respect to the compliance with the order passed by this Tribunal and also filling copies of the screenshots in support of compliance so made. The District Magistrate, Ghaziabad is also directed to give his response in the additional affidavit regarding transportation of mined material by respondents no. 5 and 6 through GPS fitted vehicles in compliance with order passed by this Tribunal alongwith copies of the documents in support thereof.
20. Affidavit may be filed by the District Magistrate, Ghaziabad and additional response may be filed by respondents no. 5 and 6 as directed above within three weeks.
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21. O.A. No. 1373/2024 was registered suo motu on the basis of news item titled "How sand miners laid road across Yamuna between Delhi and Ghaziabad" appearing in the Times of India dated 30.11.2024.
22. The above said news item raised the issue of illegal mining in the Yamuna Flood Plain between Alipur in North Delhi and Panchayara in Ghaziabad.
23. Vide order dated 16.12.2024 UPPCB, DPCC, CPCB, MoEF & CC, DM, Ghaziabad and DM (North) Delhi were impleaded as respondents no. 1 to 6. Subsequently, vide order dated 22.04.2025 GNCTD through Chief Secretary, Principal Secretary, Department of Environment, GNCTD, DM (North East) Delhi were impleaded as respondents no. 7 to 9.
24. Due to pendency of O.A. No. 1003/2024 before this Bench, wherein the same issue of illegal mining in respect of the overlapping stretch falling in the State of Uttar Pradesh was involved, O.A. No. 1373/2024 was transferred to this Bench for being listed with O.A. No. 1003/2024. In the course of hearing replies/reports have been filed by respondents no. 1, 3, 5, 6, 8 and 9.
25. Vide order dated 30.04.2025 SDM, Alipur was impleaded as respondent no. 7.
26. It has come to our notice that in our order dated 30.04.2025, SDM, Alipur was mentioned to have been impleaded as respondent no. 7 instead of respondent no. 10 and order dated 30.04.2025 is corrected to that extent and correction be made accordingly. In memo of parties SDM, Alipur has been rightly numbered as respondent no. 10 and amendment of memo of parties is not required.
27. Vide order dated 30.04.2025 respondent no. 10-SDM, Alipur, Delhi specifically mentioning the statutory provisions and the administrative 6 instructions in accordance with which the complaints filed by Delhi Police regarding illegal transportation of minor mineral were filed before him and disposed of by him.
28. In compliance of order dated 30.04.2025 respondent no. 10-SDM, Alipur, Delhi has filed submissions dated 21.07.2025. The relevant part of the submissions reads as under:-
"SUBMISSION BY R-7 SDM (ALIPUR) IN COMPLIANCE OF THIS HON'BLE TRIBUNAL ORDER DATED 30.04.2025 X X X X
3. That as per the reports submitted by the DM (North) in the affidavit dated 22.04.25, and on further investigations in to the Kalandras submitted by the Police Authorities to SDM (Alipur) in the last few years (copy annexed as Annexure-I) it has been observed that all the Kalandras were submitted under Sections 5 and 15 of the Environment (Protection) Act, 1986, reiterated as follows:
5. Power to give directions. Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions, Explanation. For the avoidance of doubts, it is hereby declared that, the power to issue directions under this section includes the power to direct-
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) stoppage or regulation of the supply of electricity or water or any other service.
15. Penalty for contravention of the provisions of the Act and the rules, orders and directions.-(1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years or with find which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. (2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.
4. That the kalandras filed by the police authorities, reviewed and acted upon by this office, clearly referred to 7 environmental pollution being caused due to unregulated transportation of earth/sand in uncovered tractor trollies and tipper vehicles. The nature of offences, as reported in the kalandras, was uniform and repetitive. Sample. observations include:
"Tractor ki trolley mitti se bhari thi jo dhaki hui nahi thi, jis se mitti uad kar paryavaran ko dushit kar rahi thi."
"Reti udkar hawa ko dushit kar rahi thi. Jab puchha gaya to koi santosjanak uttar nahi diya gaya."
5. That nowhere in these kalandras was there any express mention of illegal sand mining of unauthorised extraction from the riverbed. Accordingly, this office, in exercise of quasi-judicial powers, imposed penalties strictly limited to the environmental pollution offences under the EP Act.
6. That it is clarified for the kind consideration of this Hon'ble Tribunal that the release of the impounded vehicles was not directed or ordered by this office; the penal orders issued were restricted to imposition of fines under EP Act. The responsibility of investigation into the ownership, usage, and legality of material transported and vehicles used thereof and any action remained with the Police Authorities and Mining Department as per law.
7. This office acknowledges the directives of the Hon'ble Tribunal and affirms that appropriate action has been initiated in the matter. The actions taken by this office were carried out under Sections 5 and 15 of the Environment (Protection) Act, 1986, based on police kalandras received. It is pertinent to highlight that the police kalandras, which formed the basis of the action, did not mention any instance of illegal trafficking of sand. The confiscation of the vehicle in question was executed solely on the grounds of environmental pollution, in accordance with the established rules and general practice across Delhi. In line with the same, this office has imposed fines on the offenders, which are consistent with the standard penalties applied in similar cases.
8. That it is most respectfully submitted that no sand mining activity is permitted along the banks of River Yamuna in the Government of National Capital Territory of Delhi (GNCT of Delhi).
9. To apprise Hon'ble Court of the series of administrative interventions already initiated to check any activity amounting to Illegal sand mining:
a. The Sub-Divisional Magistrate (Alipur), in his letter dated 16.07.2024 to the District Magistrate (Baghpat, U.P.), has sought immediate cessation of illegal sand extraction from Village Kulakpur and requested continuous field-level monitoring until a joint inter-state demarcation is formally concluded. Inability shown in the matter by SDM (Khekra) has been placed as (Annex-II) b. That vide letter dated 16.08.2024 concerned ACP and vide letter dated 02.09.2074 & 04.01.2025 the SHO concerned has 8 been directed to take necessary action in the matter and deploy police personnel for 24-hour patrolling duty (Annexure-III).
c. That vide letter dated 02.09.2024 the field officials of I&FC have been directed to sensitise the concerned staff to immediately inform the police authorities telephonically if violation is reported for urgent necessary action in the matter (Annexure-IV).
d. That vide letter dated 02.09.2024 & 04.01.2025 BDO (North) has been requested to ensure the protection of the Gram Sabha Land casualty in the matter and submit the Action Taken in the matter (Annexure-V).
e. Following the Hon'ble Courts directions a comprehensive field inspection was carried out on 02.06.2024 by the SDM (Alipur), Tehsildar, Naib Tehsildar, Halka Patwari, and police personnel at Shank No. 24 and Shank No. 13. As per the Patwari's site report, jurisdiction is uncertain in the border areas and cannot be conclusively determined without formal boundary demarcation. The same has been reported to the appropriate authorities for taking urgent necessary action in the matter (Annex-VI).
10. Taking into account the esteemed directions of the Hon'ble Tribunal, the Police Authorities have also been directed to thoroughly investigate the kalandras filed u/s 5/15 of EP Act and report with clear and detailed recommendations to enable this office to take further appropriate action in compliance with the law and the Tribunal's orders. Also, wherever prima facie evidence of illegal sand mining or associated environmental violations is established take strict action in accordance with law including lodging of FIR against such offenders, if necessary. This step ensures that all aspects of the matter are comprehensively addressed, aligning with the intent of the Hon'ble Court."
29. Dr Shrikant Tapdiya SDM, Alipur, Delhi has also appeared before this Tribunal physically and we have interacted with him.
30. The questions which arise as to whether complaints could be filed by the Police before SDM, Alipur, Delhi and whether the same could be disposed of by SDM, Alipur, Delhi. Before passing any orders in this regard the respondents are given opportunity of filing their response and making their submissions in respect of the same.
31. Vide order dated 30.04.2025 the District Magistrate (North East) Delhi is directed to obtain the information regarding action taken on the 9 communications received from the District Magistrate, Ghaziabad and also to inform the District Magistrate, Ghaziabad about the action taken and to file action taken report in this regard before this Tribunal.
32. The District Magistrate (North East) Delhi has not filed any response in this regard.
33. Response may be filed by the District Magistrate (North East) Delhi in this regard at least three days before the next date of hearing fixed.
34. The Hon'ble Chief Minister of Delhi is stated to have written a letter to Hon'ble Chief Minister of Uttar Pradesh with reference to necessity of coordination and cooperation for preventing illegal mining in the inter-state areas of river Yamuna.
35. The Chief Secretary of Government of NCT of Delhi and Chief Secretary of Government of Uttar Pradesh are directed to file their responses regarding preventive and ameliorative measures taken regarding illegal mining and for compliance with Sustainable Sand Mining Management Guidelines 2016 and Enforcement and Monitoring Guidelines for Sand Mining, 2020 at least three days before the next date of hearing fixed.
36. In view of the facts and circumstance of the case, we also consider personal appearance of the District Magistrate (North) Delhi, the District Magistrate (North East) Delhi and District Magistrate, Ghaziabad physically or through VC on the next date of hearing to be essential for producing the relevant record and assisting this Tribunal in just and proper adjudication of the questions involved in the case. Accordingly, they are directed to remain present before this Tribunal on that date with the relevant record.
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37. List on 22.08.2025 for final hearing.
38. A copy of this order may be sent to Chief Secretary of Government of NCT of Delhi, Chief Secretary of Government of Uttar Pradesh, District Magistrate (North) Delhi, District Magistrate (North East) Delhi and District Magistrate, Ghaziabad by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM July 23rd, 2025 Original Application No. 1003/2024 With Original Application No. 1373/2024 With Original Application No. 724/2023 AM 11