National Green Tribunal
Ridhima Pandey vs Ankita Sinha on 28 March, 2025
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
NEW DELHI
ORIGINAL APPLICATION NO. 429/2022
IN THE MATTER OF:
RIDHIMA PANDEY
D/o Dinesh Chandra Pandey,
16 A, Sadhu Bela Puram Colony,
Haripur Kalan, District-Dehradun,
Uttarakhand-249205
...Applicant
Verses
1. STATE OF UTTARAKHAND
Through Chief Secretary,
Government of Uttarakhand,
New Building, Uttaranchal Secretariat,
Fourth, 4, Subhash Rd,
Dehradun, Uttarakhand-248001
2. UTTARAKHAND POLLUTION CONTROL BOARD
94, Haridwar Road, Saket Colony,
Dharampure, Haridwar Road Nehru Colony,
Saket Colony, Dharampure,
Dehradun, Uttarakhand-248001
3. DISTRICT MAGISTRATE, CHAMPAWAT
District Head Quarter Road,
Collectorate Compound,
Srikhand Chaur, Champawat,
Uttarakhand-262523
4. M/S. A.P.S INFRA ENGINEERS PVT. LTD.
D-138, Sector-51,
Noida,
Uttar Pradesh-201301
1
5. MANAGING DIRECTOR
Uttarakhand Forest Development Corporation
Aranya Vikas Bhawan, 73, Nehru Colony Road,
Danda Dharampur, Dalanwala,
Dehradun, Uttarakhand-248001
6. M/S SIV SHAKTI TRADERS
Through its Proprietor
Tankapur, District Champawat,
Uttarakhand
...Respondent(s)
COUNSELS FOR APPLICANT:
None
COUNSELS FOR RESPONDENT(S):
Mr. Nikhil Rohatgi and Ms. Anjali Rajput, Advocates for respondents no. 1
and 3
Mr. Mukesh Verma and Ms. Vatsala Tripathi, Advocates for UKPCB
(through VC)
Mr. C. B. Singh, Advocate for Respondent No. 6 alongwith Mr. Tarun Pant,
Project Proponent (through VC)
Mr. Bhanwar Pal Singh Jadon and Mr. Harsh Vardhan Singh Rajawat,
Advocates for Police Commissioner, G.B. Nagar, U.P. with Ms. Laxmi
Singh, Commissioner of Police (through VC)
CORAM:
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
RESERVED ON: MARCH 24, 2025
PRONOUNCED ON: MARCH 28, 2025
JUDGMENT
BY HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
1. This Original Application (hereinafter referred to as 'OA') was registered by Tribunal under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010') in exercise 2 of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401, in the light of complaint made in the Letter Petition dated 09.04.2022, sent by Ridhima Pandey, daughter of Dinesh Chandra Pandey, resident of 16 A, Sadhu Belapuram Colony, Haripur Kalan, District-Dehradun who claims herself to be a Global Climate activist and engaged in protection of environment and forest since her childhood when she was 9 years old age.
2. Complainant has said that Nandhaur Wildlife Sanctuary (hereinafter referred to as 'NWS') is situated in the Haldwani Forest Division of Nainital District in State of Uttarakhand. The area is surrounding NWS has been notified as "Eco-Sensitive Zone" (hereinafter referred to as 'ESZ'). The upstream part of Nandhaur River falls under ESZ.
3. Uttarakhand Government Industrial Development Department (Mining), vide letter dated 07.01.2022 and the follow up letter/order issued by District Magistrate, Nainital on 25.03.2022 had authorised M/s. A.P. S. Infra Engineers Pvt. Ltd. (hereinafter referred to as 'respondent 4 or project proponent') to collect river bed mineral lying in ESZ of Nandhaur river for a duration of 06 months. The permission was granted with reference to the powers under Disaster Management Act, 2005 (hereinafter referred to as 'DM Act, 2005'). The order permits collection of minerals from an area which falls under "Reserve Forest" as well as part of "ESZ of NWS".
4. District Magistrate, Champawat also, following the same procedure, permitted collection of river bed mineral from upper stream part of Sharda 3 Barrage, Tanakpur vide order dated 05.04.2022 with reference to the provisions of DM Act, 2005. The area, where collection of minerals was allowed by District Magistrate, Champawat, is also part of "Reserve Forest".
5. Haldwani Forest Division of both the rivers i.e., Nandhaur and Sharda are rich bio-diversity area and important Schedule I Wildlife habitat and ESZ. Mining activity in such area is harmful to wildlife and their habitat and may cause big loss to environment.
6. Government of India, under the provisions of Forest (Conservation) Act, 1980 (hereinafter referred to as 'FC Act, 1980') reserves right to grant permission for collection of minor minerals from any river that passes through "Reserve Forest" but at the time of granting permission, volume of river bed minerals to be collected is surveyed by Expert Institutions as well as National Board for Wildlife. Environmental Clearance (hereinafter referred to as 'EC') is to be taken in advance. If it is not incumbent or necessary to remove river bed minerals from river bed for safety of human life under DM Act, 2005, then permission should be granted only after taking expert team's opinion about river bed minerals removal from the rivers and the removed river bed minerals from the river should be deposited on both the sides of river itself. No private company or others should be allowed to take out river bed minerals from the forest area for any purposes. "Nandhaur Forest Area" is rich wildlife habitat and known home of Tigers, Elephants, Sloth Bears and other wildlife. If mining is allowed in the above forest area, in all likelihood, there would be a big damage to environment and wildlife habitat. Due to road construction for transportation of minerals, vehicles like, JCBs, Poclain machines and 4 movement of labour force in the forest area will also disturb the wildlife and destroy their habitat.
7. State Government of Uttarakhand and District Magistrates, Nainital and Champawat are violating Court's orders as also the provisions of FC Act, 1980 and Environment (Protection) Act, 1986 (hereinafter referred to as 'EP Act, 1986') in the guise of disaster management. Government of Uttarakhand and concerned District Magistrates aiming only to provide profits to the private individuals and local stone crusher in the guise of disaster management, misusing power under DM Act, 2005 and also causing damage to environment, forest and wildlife.
8. Tribunal's Order dated 18.07.2022: Tribunal considered the above complaint on 18.07.2022 and appreciated applicant's initiative to bring its notice the activities disturbing environment of fragile area of Himalayas. It was also observed that active participation with awareness of environmental problems and sincere concern for resolution thereof is required on the part of all citizens who are under a fundamental duty under Article 51-A of Constitution of India to protect and improve environment.
9. Tribunal, however, found it appropriate to verify the facts first before taking any remedial or other action and thus constituted a Joint Committee comprising Regional Office of Ministry of Environment, Forest and Climate Change (hereinafter referred to as 'R.O., MoEF&CC') at Dehradun; Principal Chief Conservator of Forests, Government of Uttarakhand (hereinafter referred to as 'PCCF, Uttarakhand'); Central Pollution Control Board (hereinafter referred to as 'CPCB'); Uttarakhand Pollution Control Board (hereinafter referred to as 'UKPCB'); State Level 5 Environment Impact Assessment Authority, Uttarakhand (hereinafter referred to as 'SEIAA Uttarakhand'); and District Magistrates, Champawat and Nainital. The Committee was required to submit a compliance Report within 03 months.
Joint Committee's Report dated 19.10.2022:
10. Pursuant to order dated 18.07.2022, Joint Committee through UKPCB submitted Report dated 19.10.2022 stating that Nandhaur river is originated from Pangoot, Nainital and finally meets with River Kailash. It passes through NWS under Haldwani Forest Division. NWS is located in 02 districts namely; Nainital and Champawat of State of Uttarakhand which derives its name from Nandhaur valley and Nandhaur river which flows inside the valley. NWS spread over an area of 269.95 km2. MoEF&CC, Government of India vide notification dated 22.05.2020 exercising its powers under sub-section (1), sub-section (2), clauses (v) and clause (xiv) and sub-section (3) of Section 3 of EP Act, 1986 read with Rule 5(3) of Environment (Protection) Rules, 1986 (hereinafter referred to as 'EP Rules, 1986'), notified an area, to an extent which vary from 0.7 kms to 15.0 kms around the boundary of NWS in Nainital and Champawat districts in State of Uttarakhand, as 'ESZ'. Copy of the notification is on record at page 23 and extent and boundaries of 'ESZ' mentioned in clause
(i) reads as under:
"1. Extent and boundaries of Eco-sensitive Zone. - (1) The Eco- sensitive Zone shall be to an extent of 0.7 kilometres to 15.0 kilometres around the boundary of Nandhaur Wildlife Sanctuary and the area of the Eco-sensitive Zone is 540.267 square kilometres. The detail area of the Eco-sensitive Zone are given as:
Haldwani Forest Division: 270.175 square kilometers; Champawat Forest Division: 100.880 square kilometers; Tarai East Forest Division: 167.103 square kilometers; Revenue Area of 2 villages: 1.9518 square kilometers;6
Van panchayat area: 0.1574 square kilometers.
(2) The boundary description of Nandhaur Wildlife Sanctuary and its Eco-sensitive Zone is appended in Annexure-I. (3) The maps of the Nandhaur Wildlife Sanctuary demarcating Eco-
sensitive Zone along with boundary details and latitudes and longitudes are appended as Annexure-IIA, Annexure-IIB, AnnexureIIC, Annexure-IID and Annexure-IIE.
(4) List of geo-coordinates of the boundary of Nandhaur Wildlife Sanctuary and Eco-sensitive Zone are given in Table A and Table B of Annexure III.
(5) The list of villages falling in the proposed Eco-sensitive Zone along with their geo co-ordinates at prominent points is appended as Annexure-IVA and Annexure-IVB."
11. The Report further said that Secretary, Industrial Development (Mining), Uttarakhand issued letter dated 07.01.2022 to District Magistrate, Nainital giving permission for river dredging work to respondent 4 under Uttarakhand River Dredging Policy, 2021, Point No. 10(2) for 06 months. Following the above directions, District Magistrate, Nainital issued letter dated 25.03.2022 to Divisional Forest Officer, Haldwani Forest Division (hereinafter referred to as 'DFO, Haldwani') authorizing respondent 4 to collect "river bed minerals" lying upstream of Nandhaur river for a duration of 06 months giving reference of the provisions of DM Act, 2005 and requested for facilitating the demarcation of requisite site. In the above letters, actual area proposed for mining activities is not mentioned but it is said that it will be done in upstream of Nandhaur river though Director, Geology and Mining, Dehradun sent proposal for mining activity in area in question to Secretary, Mining, State of Uttarakhand vide letter dated 24.12.2021 wherein coordinates in area in question in the letter were 29°07'54.4" N, 79°41'28.0" E. 7
12. Joint Committee Report stated that in the letter of Director, Geology and Mining dated 24.12.2021, the area was mentioned as under:
"flowing from the mouth of Dehwa river to the mouth of Kailash River near Dubelbera Dhoka forest compound."
13. Joint Committee on site inspection was informed by DFO, Haldwani Forest Division that the above mentioned area falls inside ESZ of NWS. Pursuant to mining permission granted by District Magistrate, Nainital vide letter dated 25.03.2022, Additional Director, Geology and Mining unit, Nainital vide letter dated 26.03.2022 requested DFO, Haldwani for joint demarcation of area in question. DFO, Haldwani vide letter dated 28.03.2022 informed District Magistrate, Nainital that the questioned area comes inside ESZ of NWS where proposed mining activity may cause environmental degradation and loss of bio-diversity which may attract subsequently legal issues also. DFO, Haldwani also informed Joint Committee that mining activity was permitted downstream of Nandhaur river (approximately 50 meters away from the boundary of EWS of NWS) to Uttarakhand Forest Development Corporation for which EC and Forest Clearance were obtained from MoEF&CC and Consent to Operate (hereinafter referred to as 'CTO') was obtained from UKPCB. Joint Committee however, did not find any mining activity during inspection due to monsoon season. Joint Committee also refers to Writ Petition (PIL) No. 48/2022, Gurdev Singh vs. Union of India & Ors. wherein High Court passed an order permitting dredging of river Nandhaur but prohibiting removal of any river bed material from the river for any purposes whatsoever and directed that the same may be kept on the banks of the river or in the nearby forest. The Writ Petition at the time of submission of Joint Committee Report was pending. DFO, Haldwani also 8 informed Joint Committee that no mining activity has been started by respondent 4 in the area in question.
14. With regard to upstream of Sharda Barrage, Tanakpur, where mining was allowed by District Magistrate, Champawat, Joint Committee in its Report stated that Sharda river is originated from Kalapani in District Pithoragarh, State of Uttarakhand and travels approximately 350 kms before finally meeting with river Ghagra in State of UP. Only one mining activity was carried out in Sharda River by Uttarakhand Forest Development Corporation after obtaining EC and Consolidated Consent to Operate and Authorization (hereinafter referred to as 'CCA') from UKPCB for 384.69 hectares covering both upstream and downstream of Sharda Barrage. DFO, Haldwani informed that upstream of Sharda Barrage falls under "Elephant Corridor" and information was given to Mining Officer, Champawat that no mining activity is permitted on the upstream of Sharda Barrage by Mining Department.
15. In respect to both Nandhaur river and Sharda Barrage, Joint Committee also made its conclusion and recommendations. The relevant salient observations in respect of "Nandhaur River" and "Sharda Barrage"
and also conclusions and recommendations of Joint Committee are reproduced as under:
"...Salient observation and recommendation based on site inspection and available records of each mining sites is as below-
A. Upstream part of Nandhaur River:
Salient Observations:
a) Nandhaur river is originated from Pangoot, Nainital and finally meets with river Kailash. Nandhaur river passes through Nandhaur Wildlife Sanctuary under Haldwani Forest Division.9
b) Nandhaur Wildlife Sanctuary in Haldwani Forest Division is notified Eco-Sensitive Zone vide MoEF&CC notification dated 22 May 2020. Copy of the said notification is annexed as annexure no. 2.
c) The Secretary, Industrial Development (Mining) Section -
1 Uttarakhand Government has issued a letter dated 07.01.2022 to District Magistrate, Nainital giving permission for River Dredging work to M/s APS Infra Engineers Pvt. Ltd. under Uttarakhand River Dredging Policy Point no. 10 (2) for 06 months (annexure no. 3).
d) Following that District Magistrate, Nainital has issued a letter dated 25.03.2022 to Divisional Forest Officer, Haldwani Forest Division authorizing M/s APS Infra Engineers Pvt. Ltd. to collect R.B.M. lying upstream of Nandhaur river for a duration of 6 months, under the reference of Disaster Management Act, 2005, and requesting for facilitating demarcation of the requested site (annexure no. 4).
e) In any of the above-mentioned letters, it has not been clearly mentioned about the actual area being proposed for the mining activity. It is only mentioned that the mining will be done in the upstream of Nandhaur river.
f) However, Director, Geology and Mining unit, Directorate of Industry, Dehradun send proposal for mining activity for area in question to Secretary, Mining, Government of Uttarakhand vide letter dated December 24, 2021. Wherein, Coordinates of area in question mentioned in the letter as 29°07'54.4" N, 79°41'28.0" E. It has also been mentioned that channelization of the river Nandhaur will be done in 1.4 Km length and 40.0 m width of the river (annexure no. 5).
g) In the above-mentioned letter dated December 24, 2021, the area mentioned is reads as "flowing from the mouth of Dehwa river to the mouth of Kailash River near Dubelbera Dhoka forest compound". During the site inspection, Divisional Forest Officer of Haldwani Forest Division has confirmed that the above-mentioned area falls inside the Eco-Sensitive Zone of Nandhaur Wildlife Sanctuary.
h) Additional Director, Geology and Mining unit, Nainital vide its letter dated March 26, 2022 requested Divisional Forest 10 Officer, Haldwani for joint demarcation of area in question. Divisional Forest Officer, Haldwani vide letter dated March 28, 2022 informed District Magistrate, Nainital that area in question (Upstream part of the river Nandhaur where the mining is being proposed) comes inside the Eco- Sensitive Zone of Nandhaur Wildlife Sanctuary, where the proposed mining activity may cause environmental degradation and loss of bio-diversity and subsequently may attract legal issues (annexure no. 6).
i) There is one mining activity carried out in Nandhaur river as per record available with Mining Department, which is located outside the Nandhaur Wildlife Sanctuary.
j) It was also confirmed by Divisional Forest Officer, Haldwani Forest Division that the mining activity has been permitted in the downstream of Nandhaur river (approx. 50 m away from the boundary of Eco-Sensitive Zone of Nandhaur Wildlife Sanctuary) to the Uttarakhand Forest Development Corporation for which Environmental Clearance and Forest Clearance have been obtained from MoEF&CC and consent to operate has been granted by Uttarakhand Pollution Control Board. During inspection, mining activity was not carried out due to monsoon season.
k) As per the point no. 5 of the notification of Eco-Sensitive Zone of Nandhaur Wildlife Sanctuary (Dated 22 May 2020), a monitoring committee has been constituted by the MoEF&CC for monitoring the Eco-Sensitive Zone, where the District Magistrate Nainital has been designated as the chairman of the committee. The same has been communicated to the District Magistrate Nainital by the Divisional Forest Officer, Haldwani Forest Division vide letter dated March 28, 2022 (annexure no. 7).
l) In a similar matter (WPPIL No. 48 of 2022 at Hon'ble High Court of Uttarakhand, Nainital) keeping in the view of the observations made by the National Green Tribunal, Southern Zone, Chennai in O.A. No. 75 of 2020 (SZ) on 19-04-2022, in the matter of Tribunal on its own motion vs. Chief Secretary of Kerala, appearing at Page No. 70 of the order, vide Clause
(v), Hon'ble High Court order present reads as "we, hereby, permit dredging of river Nandhaur, but we prohibit the removal of any riverbed material (RBM) from the river for any purpose, whatsoever. The same may be kept on the banks of the river, or in the nearby forest". However, 11 it is to mention that the above-mentioned WPPIL is under subjudice (annexure no. 8).
m) No mining activity was found on the day of inspection by the joint inspection committee as constituted by NGT. However, it was also observed that some dredging activity including Channelization of Nandhaur river has been performed at two locations with length approx. 100 mtr each. As informed by the Divisional Forest Officer of Haldwani Forest Division, the Channelization of river work has been performed jointly by the Irrigation Department and Forest Department of Uttarakhand in June, 2022. It was also informed that the extracted RBM has been deposited on both the sides of the river.
n) It is informed by Divisional Forest Officer and Geo-chemist that no mining activity has been started by M/s APS Infra Engineers Pvt. Ltd. at area in question.
Conclusion and Recommendation:
1) It is evident from above observation that mining permission has been granted by Secretary (Industrial Development (Mining), Section -1, Uttarakhand Government, which is not started. The area in question is rich in bio-diversity and comes within Eco-Sensitive Zone of Nandhaur Wildlife Sanctuary. Hence, mining activity may not be permitted. However, preventive measures may be taken as per law/rule to protect soil erosion.
2) District Survey Report of District Nainital has been prepared on 25.07.2018 which need to be updated along with Geo coordinates and fresh replenishment study as per the guidelines of MoEF&CC, Govt. of India.
B. Upper-stream part of Sharda Barrage, Tanakpur, Champawat, Uttarakhand Salient Observations:
a) Sharda river is originated from kalapani in the Pithoragarh District, Uttarakhand. It travels approx. 350 km and finally meets with river Ghaghara (U.P).
b) There is only one mining activity being carried out in Sharda River (approx. 500 m downstream of Sharda Barrage) as per record available with Mining Department. The said mining 12 activity is carried out by Uttarakhand Forest Development Corporation (UKFDC) for which Environmental Clearance (EC) and Consolidated Consent to operate and Authorization (CCA) of UKPCB for 384.69 Hectare covering both upstream and downstream of Sharda barrage.
c) However, as per condition no. 4 of Forest Clearance (FC) issued on 11.02.2013, "no collection of mining shall be permitted from the portion of Sharda River located on upstream of sharda barrage." Following that, UKFDC is carrying out manual mining only on downstream area of approx. 284 hectares and leaving 100 hectares on upstream of Sharda barrage untouched. Copy of EC, FC and CCA is annexed as annexure no. 9.
d) It is also informed by Divisional Forest Officer that upstream of Sharda barrage falls under elephant Corridor.
e) It is also informed by mining officer, Champawat no mining activity is permitted on the upstream of Sharda barrage by mining department. During visit, no mining activity was observed.
f) District Magistrate, Champawat has constituted a committee on 05.04.2022 (annexure no. 3 of applicant's letter filed at Hon'ble NGT) for joint inspection and recommendation for flood control.
g) Based on site inspection and recommendation by the joint committee, District Magistrate, Champawat has issued order on 19.04.2022 for:
i. First of all, the work of channelization should be done as such a place where more effective solutions can be found by doing channelization. After seeing its effect, it would be appropriate to do channelization work at other places. The channelization work of areas near Gandakhali.No-01 should be done before the monsoon period in 2022 and after assessing its effect in the coming rainy season, advance action should be taken.
ii. Addition to above, flood protection work should be done from Boom to Sharda.
iii. The above-mentioned work was decided to be done by the Irrigation department, Lohaghat under the supervision of D.F.O, Haldwani division.13
o) It was informed by Divisional Forest Officer, Haldwani that Irrigation Department has made channelization of length approx. 800 m on the upstream of Sharda barrage (approx.
06 km north of barrage) in June, 2022 in compliance of District Magistrate, Champawat order dated 19.04.2022(annexure no. 10).
Conclusion and Recommendation:
1) It is evident from above observation that no mining activity is being carried out on upstream of Sharda barrage.
2) District Survey Report of District Champawat has been prepared on 25.11.2018 which need to be updated along with Geo coordinates and fresh replenishment study as per MoEF & CC, Govt. of India guidelines.
3) As informed by the mining officer, Champawat, a short-
term permit was issued to Pvt miner. (M/s Shiv Shakti Traders) on 06.03.2021 by Sub-Divisional Magistrate, Purnagiri, Tanakpur on the upstream of sharda barrage, which may be consider as a commercial activity and may not be permitted. No mining activity has been undertaken so far."
16. Tribunal's Order dated 15.11.2022: Report was considered by Tribunal on 15.11.2022 and in the light of the facts disclosed therein, Tribunal impleaded following as respondents:
i. State of Uttarakhand through Chief Secretary, Government of Uttarakhand;
ii. UKPCB;
iii. District Magistrates, Champawat and Nanital; and
iv. M/s. A.P.S Infra Engineers Pvt. Ltd.
17. Notices were issued to respondents enabling them to file their responses. An interim order was also passed by Tribunal permitting 14 project proponent to carry out dredging of River Nandhaur as permitted by Uttarakhand High Court but shall not carry out any mining for commercial purposes from the mining site in question.
18. Tribunal's Order dated 19.12.2022: Subsequently, by order dated 19.12.2022, Tribunal also impleaded Uttarakhand Forest Development Corporation, through its Managing Director and M/s. Siv Shakti Traders as respondents 5 and 6 and notices were issued to them with the opportunity to file their responses. An interim order was also passed in respect of respondent 4 (M/s. A.P.S Infra Engineers Pvt. Ltd. and respondent 6 (M/s. Siv Shakti Traders) directing to desist from carrying out any mining for commercial purposes on upstream, both Nandhaur river and Sharda Barrage, respectively, till further orders to the contrary.
It was clarified that the order passed by Tribunal shall not prevent anyone from dredging of river as permitted by High Court of Uttarakhand and if there is any conflict with High Court's order, High Court's order shall prevail.
Response dated 21.01.2023 filed by UKPCB i.e., respondent 2 on 27.01.2023:
19. UKPCB (respondent 2) has filed its response dated 21.01.2023 by e-mail dated 27.01.2023 stating that in view of possible threat from flood and appropriate channelization of river flow in consonance with Uttarakhand River Dredging Policy, 2021, State Government granted permission to M/s. APS Infra Engineers Pvt. Ltd. for collection of Malwa/river bed mineral from upper Nandhaur Chorgalia area (upper Nandhaur Nadi), Teshil-Haldwani, District-Nainital for construction of NH- 87 under DM Act, 2005. It imposes condition that excavated malwa/river bed mineral shall be processed by local crusher and used only for 15 construction of National Highway Project. Divisional Forest Officer, Haldwani Forest Division, Haldwani informed District Magistrate, Nainital that area of upper Nandhaur of Nandhaur river is a 'Reserve Forest' and falls within Eco-Sensitive Zone of NWS. Therefore, necessary permission from National Wildlife Board would be required. Joint Committee found that no mining activity was started by M/s. APS Infra Engineers Pvt. Ltd.
in upper Nandhaur Chorgalia Nainital. However, some dredging activity including channelization of Nandhaur river was performed at two locations of about 100 meters length by Forest Department and Irrigation Department in the month of June 2022. Mined/dredged material has been kept on both sides of river. Upper part of Sharda Barrage, Tanakpur, District Champawat falls under the elephant corridor. No mining activity is permitted on the upstream of Sharda Barrage by Mining Department and Joint Committee also did not find any mining in upstream of Sharda Barrage. However, Irrigation Department has carried out channelization work of approximately 800 meters length on the upstream of Sharda Barrage (approximately 6 kms north of barrage) in the month of June 2022 in compliance of District Magistrate, Champawat's order dated 19.04.2022 issued with reference to Section 30, Chapter 4 of DM Act, 2005.
20. As per Appendix IX of Environment Impact Assessment Notification dated 14.09.2006 (hereinafter referred to as 'EIA 2006'), as amended on 28.03.2020, dredging and de-silting of dams, reservoirs, weirs, barrages, river and canals for the purpose of their maintenance, upkeep and disaster management are exempted from requirement of EC.
21. Dredging for channelization of river flow activities, in view of disaster management, do not attract the provisions of consent under Water Act, 1974 and Air Act, 1981, as amended from time to time. 16
22. Reply also place on record copy of Writ Petition (PIL) No. 48/2022, Gurdev Singh vs. Union of India and orders passed by High Court of Uttarakhand therein. Copy of Writ Petition shows that one Gurdev Singh filed Writ Petition impleading following as respondents:
i. Union of India through Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, 4th Floor, Prithvi Block, Aliganj, Zor Bagh, Road New Delhi; ii. State of Uttarakhand, through Secretary, Industrial Development (Mining), 4- Subhash Road, Uttarakhand Civil Secretariat, Dehradun, District Dehradun;
iii. Principal Chief Conservator of Forest (HoFF), State of Uttarakhand, 87- Rajpur Road, Dehradun, Distt. Dehradun; iv. Director, Geology and Mining Department, Uttarakhand Government, Headquarters: Bhopalpani (Kadaikhala), Raipur- Thano- Airport Motor Road, P.O. Dhanyari, District Dehradun-248008;
v. District Magistrate, District Nainital;
vi. District Forest Officer, Haldwani Forest Division, Haldwani,
District Nainital; and,
vii. APO Infra Engineers Private Limited, Block D, Sector 51,
Noida, Uttar Pradesh-201307.
23. He challenged order dated 07.01.2022 and sought mandamus directing respondents 1 to 3 in Writ Petition no to grant any permission of mining/dredging of silt/river bed material in upper stream of River Nandhaur flowing in ESZ of NWS. On 27.04.2022, Division Bench of Uttarakhand High Court passed an interim order and the said order reads as under:
"Keeping in view the observations made by the National Green 17 Tribunal, Southern Zone, Chennai in O.A. No.75 of 2020 (SZ) on 19.04.2022, in the matter of Tribunal on its own motion vs. Chief Secretary of Kerala, appearing at Page No.70 of the order, vide Clause
(v), we, hereby, permit dredging of river Nandhaur, but we prohibit the removal of any riverbed material (RBM) from the river for any purpose, whatsoever. The same may be kept on the banks of the river, or in the nearby forest.
List this case along with Writ Petition (PIL) No.47 of 2022." Joint Inspection Report by District Magistrate, Champawat filed on 21.03.2023:
24. District Magistrate, Champawat sent a copy of its letter dated 21.03.2023 to this Tribunal stating that the permission for removal of river bed mining granted by order dated 26.02.2021, has already expired on 26.06.2021. He also refers to Joint Committee Report that no mining activity has been carried out.
Report by way of affidavit dated 22.03.2023 by District Magistrate, Champawat filed on 24.03.2023:
25. Report by way of affidavit dated 22.03.2023 has also been filed by District Magistrate, Champawat stating that short-term permit was issued by Sub-Divisional Magistrate/District Magistrate, Champawat vide order dated 26.02.2021 for a period of 4 months which has already expired on 26.06.2021. He also relied on Joint Committee Report and stated that he did not find any mining activity at the site in question. The representatives/officers of Revenue Department, Irrigation Department, Forest Department, Mining Department and Sub-Divisional Magistrate made a joint inspection of the site i.e., Village-Uncholigoth, River Sharda, Teshil-Poornagiri, District-Champawat on 03.11.2020 and it was found that river dredging is being done at 2 hectares at khasra no.335/2 of River Sharda, Village-Uncholigoth, River Sharda, Teshil-Poornagiri, District-
Champawat. The area of proposed river dredging is 100 × 200 meters i.e., 18 20000 m2, quantity of river bed mining is 60000 m3 and royalty computed was Rs.92,40,000/- while other taxes at the rate of 42% of royalty were Rs.38,80,800/-. The period for removal of river bed mineral was 4 months only and one JCB machine was permitted under River Training Guidelines 2020.
Report by way of affidavit dated 27.03.2023 by District Magistrate, Nainital filed on 29.03.2023:
26. District Magistrate, Nainital also filed Report by way of affidavit dated 27.03.2023 stating that in continuation of State Government's letter dated 31.01.2020, District Magistrate, Nainital issued directions to concerned officers to channelize river in upside of Nandhaur to avoid flood situation in Chorgalia region of District Nainital. Under the directions of District Magistrate, Nainital, a Joint Committee of the officials of Forest Department, Revenue Department and Irrigation Department was constituted by Senior Mining Officer, Nainital vide letter dated 09.06.2021 under the chairmanship of Sub-Divisional Magistrate, Haldwani. The said Committee made inspection on 09.06.2021 and found that from the outfall of River Devhathe boulder, river bed mineral and mud etc. in huge quantity (about 1.40 kilometer of length) have been stored at outfall of River Kailash at Dubailbheeda Dhoka Forest Compartment. For that reason, river stream is diverted to the populated area, and hence, work of river channelization is urgently required. It was also necessary to do work of security of flood on the right side of Nandhaur river to avoid flood situation and to protect population of villages Chorgalia, Nanakmatta and Sitarganj area. For channelization of river and cleaning/removal of river bed mineral, permission was granted on 07.01.2022 for a period of six months in favour of M/s. APS Infra Engineers Pvt. Ltd. with a further direction 19 that removal of river bed mineral will be used by project proponent in construction of National Highway-87 only, and project proponent will not use it for any commercial use without permission. The permission was only for a period of 06 months which expired on 06.06.2022, and, thereafter, from 07.06.2022, the permission stood terminated automatically and no dredging activity has been carried out by the project proponent thereafter. Letter dated 07.01.2022 granted permission under Uttarakhand River dredging Policy, 2021 for the work of river channelization and to avoid flood situation so as to protect people of villages Chorgalia, Nanakmatta and Sitarganj.
27. Tribunal's Order dated 17.07.2023: On 17.07.2023, the matter was considered by Tribunal when it was brought to its notice that Writ Petition (PIL) No. 47/2022, Dinesh Kumar Chandola vs. Union of India & Ors. has been finally disposed of vide judgment dated 14.02.2023. The relevant extract of judgment is reproduced as under:
"10. We have heard and considered the rival submissions.
11. There is no doubt that the activity of dredging is essential, and should be carried out in rivers and streams from time to time, so that the riverbed levels are maintained. This is essential to prevent flooding in rainy season, which also causes environmental degradation and loss of life and property along the path of the river, or the stream concerned. At the same time, it cannot be that under the garb of dredging, what is permitted, and what is actually carried out, is the activity of mining for commercial purposes. The impugned communication permits a private agency, namely M/s A.P.S. Infra Engineers Private Limited, to carry out not only the dredging activity in the Nandhaur Wildlife Sanctuary, but also to win the mineral, which is dredged. For this, undisputedly, it would be essential for the said agency to send its tools and tackles, men and heavy machinery, as well as trucks into the Wildlife Sanctuary to carry out the activity. Thus, what the impugned order dated 07.01.2022 permits M/s A.P.S. Infra Engineers Private Limited to carry out is not merely the 20 activity of dredging, but also the activity of mining. There is no denying the fact that the activity of mining cannot be carried out in an Eco-Sensitive Zone, as we have already noticed above.
12. Another aspect that we cannot lose sight of, is that the grant of a contract to a private agency for the purpose of dredging, and also winning the dredged mineral, would lead to carrying out of the said activity purely for commercial purposes. The private agency would have its commercial interest in mind, and not the environmental interest, which is the rationale for carrying out the dredging activity in the first place. The dredging activity - which is carried out for environmental reasons, would be limited to the extent it is necessary for achieving that limited objective. However, once the activity is entrusted to a private agency, and that too with a right to carry out mining activity i.e. to win the mineral which is dredged, the extent of dredging that may be carried out on the site is very difficult to monitor or control. The moment the dredged mineral is removed for commercial purposes, the nature of the activity would change from merely dredging to mining, which is clearly prohibited in an Eco-Sensitive Zone.
13. Aforesaid being the position, we cannot permit the respondents to act in terms of their order dated 07.01.2022. The State departments, namely the Forest Conservation Department, and the Agriculture Department, of which the Soil Conservation Division is now a part, should have an active role to play in the carrying out of the activity of dredging in the river in question on its own, without the involvement of a private agency. The activity of mining, i.e. the winning of the dredged mineral, in any case, cannot be permitted. We, therefore, permit the State to undertake the activity of dredging entirely on its own, without the involvement of private agencies, and with the involvement of the State departments aforementioned.
14. The Writ Petition stands disposed of in the aforesaid terms.
15. Consequently, pending applications, if any, also stand disposed of."
28. Tribunal enquired from Learned Counsel for UKPCB whether activities of dredging in the river for commercial purposes can be allowed without EC and required UKPCB to submit a Report.
21 Compliance Affidavit dated 07.10.2023 filed on 09.10.2023:
29. Consequently, UKPCB submitted its compliance affidavit dated 07.10.2023 filed by e-mail dated 09.10.2023 relying on Appendix-IX clause 7 as inserted by way of amendment Notification dated 28.03.2020 in EIA 2006 that "for dredging and de-silting of dams etc. for the purpose of maintenance, upkeep and disaster management, no EC is required". It is said that since permission for collection of malba/river bed mineral was allowed to M/s. APS Infra Engineers Pvt. Ltd. under DM Act, 2005, the requirement of EC was exempted.
30. Tribunal's Order dated 16.10.2023: On 16.10.2023, Tribunal while considering the matter, found that 06 months' permit dated 07.01.2022 was granted in favour of M/s. APS Infra Engineers Pvt. Ltd. while 04 months permit dated 06.03.2021 in favour of M/s. Siv Shakti Traders and, therefore, question of violation of environmental laws and damage caused to environment and necessity for passing an order for restoration of environment required the Tribunal to dispose of this application on merits and not to close it as infructuous after High Court's judgment dated 14.02.2023 passed in Writ Petition (PIL) No. 47/2022 (supra). Accordingly, Tribunal directed respondents 1 and 3 to file additional replies, giving requisite details of all relevant aspects of permits issued, dredging activities carried out, amounts deposited by respondents no. 4 and 6, refunds if any made, remedial measures taken and action taken by State Government in compliance of High Court's order regarding modification of river dredging policy and revocation of permits issued and SOP issued for carrying out of dredging by Governmental agencies. Respondents 4 and 6 were also required to file their replies. 22 Reply by District Magistrate, Nainital filed on 05.02.2024:
31. District Magistrate, Nainital vide letter dated 04.02.2024 relied on the Joint Committee Report and relevant extract thereof reads as under:
"2. शासन के पत्र संख्या 2370/VII-1/2022/5 (120)/21 दिन ांक 07 जनवरी, 2022 के द्व र उत्तर खण्ड ररवर ड्र े द ांग नीदि 2021 के दिन्िु सांख्य 10(2) के प्र वध न नुत्त र ड्र े द ांग क र्य हेिु नपि नैनीि ल की िहसील हल्द्द्व नी के अपर नन्धौर चोरगदलर् क्षेत्र (अपर नन्धौर निी) में जमा मलवा/आर०बी०एम० की ननकासी एन०एच०-87 के दनम यण क र्य हेिु ए०पी०एस० इन्र इन् ीदनर्सय प्र ०दल०, ड्ी-138, सेक्टर-51, नोएड् , उत्तर खण्ड (वियम न पि -मोट हल्दू ररल इन्स पम्प के स मने, हल्द्द्व नी, नैनीि ल) के पक्ष में 06 माह की अल्पवनि की अनुज्ञा स्वीकृनि की अनुमनि नजलानिकारी नैनीिाल को प्रदान की गयी। उक्त के क्रम में द ल दधक री नैनीि ल के द्व र आपि प्रिन्धन अदधदनर्म-2005 के अन्तगयि ड्र े द ांग क र्य हेिु अल्प वदध की अनुज्ञ स्वीकृि की गर्ी।
3. द ल दधक री, नैनीि ल के पत्र सांख्य 1863/30- ी०सी०/2021-22, नदनांक 24 जनवरी, 2022 एवां अपर ननदे शक, भूित्व एवं खननकमम दवभ ग, नपि नैनीि ल के पत्र सांख्य 1375/भू०खदन०ई०/खनन अनुज्ञ /2021-22, दिन ांक 28.01.2022 के क्रम में उक्त अनुज्ञ क्षेत्र हे िु सीम ांकन दिन ांक 29.01.2022 समर् 12.00 ि े की दिदि दनध यररि की गर्ी िि सदमदि के सिस्ोां को दनध यररि दिदि एवां समर् पर उपस्थिदि हेिु दनिे दिि दकर् गर् ।
4. प्रभागीय वनानिकारी, हल्द्वानी वन प्रभाग, हल्द्द्व नी के पत्र सांख्य 1461/9-2(1), दिन ांक 28.01.2022 के द्व र अवगि कर र् गर् दक एन०एच०-87 के ननमामण कायम हेिु मै० ए०पी०एस० इन्फ्रा इन्फ्जीननयसम प्रा०नल० के पक्ष में 06 माह की अवनि हेिु अनुज्ञा स्वीकृि की गयी है िो यह कायम उक्त पररनि में नही ं आिा है। प्रश्नगि क्षेत्र नन्धौर वन्य ीव अभ्य रण के इको सैनसनिव जोन का भाग है जो भारि सरकार पयामवरण वन एवं जलवायु पररविमन मंत्रालय की अनिसूचना नदनांक 22 मई, 2020 से नोनिफाईड है। सीमांकन हेिु ननिामररि निनि नदनांक 29.01.2022 में इस वन प्रभाग के नकसी अनिकारी/कममचारी वारा प्रनिभाग करना संभव नही ं है।
5. प्रभ गीर् वन दधक री, हल्द्द्व नी वन प्रभ ग, हल्द्द्व नी के पत्र सांख्य 1461/9-2(1), दिन ांक 28.01.2022 के क्रम में नपि नैनीि ल की िहसील हल्द्द्व नी के अपर नन्धौर चोरगदलर् क्षेत्र (अपर नन्धौर निी) में म मलव /आर०िी०एम० की दनक सी एन०एच०-87 के दनम यण क र्य हेिु ए०पी०एस० इन्फ इन् ीदनर्सय प्र ०दल०, ड्ी-138, सेक्टर-51, नोएड् , उत्तर खण्ड (वियम न पि -मोट हल्दू ररल इन्स पम्प के स मने, हल्द्द्व नी, नैनीि ल) के पक्ष में 06 म ह की अल्पवदध की स्वीकृि अनुज्ञ क्षेत्र क सीमांकन न होने के कारण उक्त क्षेत्र में अद्यिन िक आं नशक अिवा पूणम रूप से नकसी भी प्रकार का ररवर डर े नजंग कायम नही ं नकया गया है िि उक्त स्वीकृि ररवर ड्र े द ांग अनुज्ञ के स पेक्ष अनुज्ञ ध रक के द्व र कोई धनर दि म नहीां की गर्ी।
6. र्ह भी अवगि कर न है दक वन दवभ ग द्व र म ० उच्च न्य र् लर्, उत्तर खण्ड, 23 नैनीि ल द्व र प ररि आिे िोां क पूणयिः अनुप लन दकर् रह है एवां उक्त क्षेत्र मे वन प्रभाग वारा नकसी भी प्रकार का खनन कायम नही करवाया जा रहा है।
7. र्ह दक म ० र ष्ट्रीर् हररि अदधकरण, नई दिल्ली द्व र प ररि आिे ि दिन ांक 16.10.2023 के प्रस्तर 11 व 12 के क्रम में अवगि कर न है दक वन प्रभाग वारा नवषयगि क्षेत्रान्तगमि कोई भी अनुज्ञा/परनमि खनन हेिु ननगमि नही ं नकया गया है। डर े नजंग सम्बन्धिि कोई भी नियाकलाप वन प्रभाग वारा नही ं करवाये गये हैं।
8. र्ह दक म ० उच्च न्य र् लर्, उत्तर खण्ड, नैनीि ल में र्ोद ि नदहि र् दचक सांख्य -
127/PIL / 2023, भुवन चन्द्र पोखररर् िन म उत्तर खण्ड र ज्य व अन्य में म ० न्य र् लर् द्व र दिन ांक 09.08.2023 एवां मुख्य ि ई अदधवक्त , म ० उच्च न्य र् लर्, उत्तर खण्ड, नैनीि ल के पत्र दिन ांक 09.08.2023 के क्रम में दिन ांक 10.08.2023 को उप प्रभ गीर् वनअदधक री, गौल , िर ई पूवी वन प्रभ ग, हल्द्द्व नी, अदधि सी अदभर्न्त , दसांच ई खण्ड हल्द्द्व नी, ख न अदधक री, नैनीि ल, सह र्क अदभर्न्त , दसांच ई उपखण्ड प्रिम हल्द्द्व नी, उप प्रभ गीर् वन दधक री, नांधौर, हल्द्द्व नी, वन प्रभ ग हल्द्द्व नी एवां उपद ल दधक री हल्द्द्व नी द्व र सांर्ुक्त दनरीक्षण करिे हुए नांधौर एवां गौल निी में दकर्े गर्े दवदभन्न क र्ों के दववरण सम्बस्थन्धि सांर्ुक्त दनरीक्षण ररपोटय प्रेदिि की गर्ी है। ो पुनः सांलग्न कर प्रेदिि की रही है।"
English Translation by Tribunal:
"2. Permission for short term permit of 06 months was granted vide letter No. 2370/VII-1/2022/5 (120)/21 dated 07 January, 2022, to District Magistrate Nainital in favour of APS Infra Engineers Pvt. Ltd., D-138, Sector-51, Noida, Uttarakhand (present address- Mota Haldu in front of Reliance Pump, Haldwani, Nainital) for dredging work in accordance with the provisions of point number 10(2) of Uttarakhand River Dredging Policy 2021. In continuation of the above, a short term permit for dredging work was approved by the District Magistrate Nainital under the Disaster Management Act-2005.
3. In continuation of letter No. 1863/30-GC/2021-22, dated 24 January, 2022 of District Magistrate, Nainital and letter No. 1375/Geology/Mining Permit/2021-22, dated 28.01.2022 of Additional Director, Geology and Mining Department, District Nainital, the date of demarcation for the said permit area was fixed as 29.01.2022 at 12.00 noon and the members of the committee were directed to be present on the prescribed date and time.
4. Divisional Forest Officer, Haldwani Forest Division, Haldwani informed vide letter No. 1461/9-2(1), dated 28.01.2022 that if permission has been granted for a period of 06 months in favour of M/s APS Infra Engineers Pvt. Ltd. for the construction work of NH-87, this work does not fall within the said scope. The area in 24 question is a part of the Eco-sensitive Zone of Nandhaur Wildlife Sanctuary which is notified by the notification of the Ministry of Environment, Forest and Climate Change, Government of India, dated 22 May 2020. It is not possible for any officer/employee of this Forest Division to participate in the date fixed for demarcation, dated 29.01.2022.
5. In continuation of letter No. 1461/9-2(1), dated 28.01.2022 of Divisional Forest Officer, Haldwani Forest Division, Haldwani, no river dredging work has been done partially or fully in the said area till date due to non-demarcation of the short term permit area of 06 months approved in favour of APS Infra Engineers Pvt. Ltd., D-138, Sector-51, Noida, Uttarakhand (Present address- Opposite Mota Haldu Reliance Pump, Haldwani, Nainital) for the clearance of debris/RBM deposited in Upper Nandhaur Chorgalia area (Upper Nandhaur River) of Tehsil Haldwani of District Nainital for the construction work of NH-87 and no money has been deposited by the permit holder in respect of the said approved river dredging permit.
6. It is also to be informed that the Forest Department is fully complying with the orders passed by the Hon'ble High Court, Uttarakhand, Nainital and no mining work of any kind is being done by the Forest Division in the said area.
7. It is to be informed that in continuation of clauses 11 and 12 of the order dated 16.10.2023 passed by the Hon'ble National Green Tribunal, New Delhi, no permission/permit has been issued by the Forest Division for mining under the subject area. No dredging related activities have been done by the Forest Division.
8. Bhuvan Chandra Pokhariya vs. State of Uttarakhand and others, Public Interest Litigation No. 127/PIL/2023, filed in the Hon'ble High Court, Uttarakhand, Nainital, dated 09.08.2023 by the Hon'ble Court and letter dated 09.08.2023 of the Chief Standing Counsel, Hon'ble High Court, Uttarakhand, Nainital, dated 10.08.2023, a joint inspection report has been sent by the Sub Divisional Forest Officer, Gaula, Terai Eastern Forest Division, Haldwani, Executive Engineer, Irrigation Division Haldwani, Mines Officer, Nainital, Assistant Engineer, Irrigation Sub Division First Haldwani, Sub Divisional Forest Officer, Nandhaur, Haldwani, Forest Division Haldwani and Sub-District Magistrate Haldwani, containing details of various works done in Nandhaur and Gaula rivers. The report is being sent again."25
Additional Reply dated 07.02.2024 filed by District Magistrate, Champawat:
32. An additional reply dated 07.02.2024 has been filed by District Magistrate, Champawat, wherein, it is reiterated that short term 04 months' permit was granted to M/s. Siv Shakti Traders vide order dated 26.02.2021 for removal of 60000 m3 mineral in khasra no. 335/2, area 2 hectares, Sharda River in Uchouli Goth Village and the said permit expired on 26.06.2021. It is also said that as per the report of Ms. Pinki Arya, Tehsildar, Pithoragarh, then In-charge Tehsildar, Poornagiri, it has been verified that from 26.02.2021 to 26.06.2021 (permit period), no mining/river dredging work was carried out by M/s. Siv Shakti Traders due to opposition from villagers. Hence, as a matter of fact, no mining was carried out at khasra no. 335/2. M/s. Siv Shakti Traders had deposited a sum of Rs. 2,08,31,400/- on different dates i.e., 25.02.2021, 26.02.2021 and 04.03.2021 by challan and no refund has been claimed by him.
However, on enquiry, it was informed that M/s. Siv Shakti Traders has misused his e-ravannas, by stealing minerals from some other place or sold his e-ravannas to someone else and concerned authorities have been apprised of this fact. No permission for mining in upstream of Sharda river has been given to any private person/institution in compliance of court of Nainital High Court dated 14.02.2023. The order of removal of river bed mineral has been sought to be justified on the ground on safety of general public and exercise of power under DM Act, 2005. Additional Reply dated 07.02.2024 filed by Mining Department, State of Uttarakhand:
33. An additional reply dated 07.02.2024 has been filed by Mining Department, State of Uttarakhand in reference to Tribunal's order dated 16.10.2023 and it covers the aspect relating to issue of permits for 26 dredging activities and purported compliance of High Court's observations with regard to modification of river dredging policy, revocation of permits issued and SOP for carrying out of dredging by Governmental agencies.
The relevant extract of the reply reads as under:
"1. Relevant aspects of permits issues dredging activities carried out in execution thereof, amounts deposited by respondents no. 4 and 6, refunds if any made:
a. It is submitted herein that on 07.01.2023 vide office order M/S APS Infra Engineers Pvt. Ltd. short term permit of 6 months was granted to the District Magistrate, Nainital, for dredging work, clearance of debris/RBM deposited in Upper Nandhaur Chorgaliya area (Upper Nanchaur River) of Tehsil Haldwani of Nainital district for the construction work of NH-87.That due to lack of demarcation of the area specified in the short term permit issued to APS Infra Engineer Pvt. Ltd. in Upper Sandhir Chorgaliya area (Upper Nandhor River) of Tehsil Haldwani of Nainital district, no river dredging work has been done partially or completely in the said area till date and no amount has been deposited by the license holder in relation to the said approved river dredging permit. That the said permit has already lapsed.
b. A short term permit was issued to M/s Shiv Shakti Traders on 26 Feburary 2021 in Khasra no 335/2, area 2.00 hectare, Sharda River in Uchouli Goth Village for removing 60000 cubic meter mineral for a period of 4 months or extraction of 60,000 cubic meter whichever is earlier. That the same has already expired on 26 June 2021. It is also submitted herein that Ms Pinki, Tehsildar Pithoragarh, then in-charge Tehsildar, Poornagiri has verified that from 26 February 2021 to 26 June 2021 (permit period) due to the opposition from villager's, mining/river dredging work was not carried out at the site in question by M/s Shiv Shakti Traders. That copy of the letter dated 14 December 2023 bearing no 4113/K.sa/ khanan/2023-2024 is annexed herewith as Annexure A. That M/S Shiv Shakti Traders have deposited a total amount Rs. 2,08,31,400.00/- on different dates (25.2.2021, 26.2.2021 and 04.03.2021) by way of challan payment.
c. It is submitted that in compliance of the order dated 14.02.2023 of Hon'ble High Court of Uttarakhand, Nainital, no permission has been granted to any private parties in forest land. 27
2. Remedial measures taken, action taken by the State of Uttarakhand in compliance of the orders passed by the Hon'ble High Court of Uttarakhand, regarding modification of river dredging policy and revocation of permits issued and SOP issued for carrying out of dredging by Governmental agencies a. It is submitted herein that the after order dated 14.02.2023 passed by Hon'ble high court of Uttarakhand in case titled as Dinesh Kumar Chandola Versus State of Uttarakhand and orsbearing no Writ Petition (PIL) no. No 47 of 2022, and pursuant to the queries posed by this Hon'ble Tribunal, SOP was formulated by the government keeping in mind that no illegal mining is done under the garb of dredging and ensuring the safeguards enumerated therein are strictly enforced. b. Subsequently the SOP along with an application for modification of orders 19.12.2022 passed in case titled as Gagan Parashar Versus State of Uttarakhand & ors bearing no 169 of 2022 was filed in the Hon'ble High court after going through the same passed order dated 14, December 2023 and the SOP was approved by the Hon'ble court. In para 16 it is stated that:
"In this SOP certain safeguards have been provided to ensure that no illegal Mining is done under the garb of Dredging."
SOP dated 05.12.2023 as discussed and approved by the Hon'ble court was and amended River Dredging Policy, 2021 on 16.01.2024. That the copy of the order dated 14.12.2023 is annexed herewith as Annexure B. c. That after the SOP was approved by the Hon'ble High court the state government adopted the said SOP and vide Office memo no 28/VII-A-1/2024- 05(28) 2021 dated 16.01.2024 issued the Uttarakhand River Dredging (Amendment) Policy 2024. That the copy of the amended Policy is Annexed herewith as Annexure C. d. It is also submitted herein that River Dredging (amendment) Policy 2024 is formulated with a intention to regulate dredging process and to avoid/assure that no illegal mining is carried out inguise of Dredging."
Reply dated 30.06.2024 by M/s. Siv Shakti Traders (respondent 6) filed on 06.07.2024:
28
34. A reply dated 30.06.2024 has been filed by M/s. Siv Shakti Traders (respondent 6) stating that it deposited Rs. 2,08,31,400/- in Government treasury against security in terms of order dated 26.02.2021 whereby permission for river dredging/removal of river bed mineral was allowed for a period of 04 months for removal of a specified quantity of 60000 m3 under Uttarakhand River Dredging Policy, 2021. However, the villagers protested and did not allow respondent 6 to carry out its work, hence, FIR was lodged against protesting villagers on 14.05.2021 in which subsequently, some accused persons were convicted and sentenced by the Court of Judicial Magistrate, Tanakpur in Case no. 36/2021. Respondent 6 started river dredging work on 05.03.2021 which continued till removal and lawful disposal of specified quantities of 60000 m3 RCB from within the boundaries and places earmarked by the administration in the contract. The entire process of dredging, cleaning and disposal of RCB was performed under active supervision and monitoring by concerned authorities at various stages, physically as well as through electronics mode. Every detailed information was supplied to the authorities.
Document filed by State of Uttarakhand on 20.08.2024:
35. State of Uttarakhand has filed a document dated 18.07.2024 issued from District Magistrate's Office, Champawat, which shows that for illegal mining and illegal transportation of mineral, penalty was imposed upon Shri Tarun Pant s/o Shri Dinesh Pant of M/s. Siv Shakti Traders, Tanakpur, Champawat. We find it appropriate to reproduce the contents of letter dated 18.07.2024 as under:
"दविर्: म o र ष्ट्रीर् हररि अदधकरण, नई दिल्ली में र्ोद ि मूल आवेिन सांख्य -29
429/2022 ररदधम प ांड्े िन म उत्तर खांड् र ज्य के सम्बन्ध में ।
उपरोक्त दविर्क अपर सदचव, औद्योदगक दवक स (खनन) अनुभ ग-1 उत्तर खण्ड ि सन िे हर िू न के पत्र सांख्य -1048/VII-A-1/2024-09(88)/2022 नदनांक 18 जुलाई, 2024 (छायाप्रनि संलग्न) क सांिभय ग्रहण करे । उक्त पत्र द्व र ि सन के पत्र सांख्य -797/VII-A-1/2024-09(88)/2022 दिन ांक 31.05.2024, द सकी प्रदिदलदप आपको को भी है (छ र् प्रदि सांलग्न), के कम में आपसे नदनांक 08.06.2021 से 17.06.2021 िक की अवदध में अवैध पररवहन पर अदधरोदपि धनर दि की वसूली दकर्े ने के दनिे ि दिर्े गर्े है ।
अवगि कर न है दक ि सन के उपरोक्त पत्र सांख्य -797/VII-A-1/2024- 09(88)/2022 दिन ांक 31.05.2024 में दलर्े गर्े दनणयर् क प्रभ वी भ ग (Operative Part) दनम्नवि् हैः -
"नदनांक 08.06.2021 से 17.06.2021 िक प्रयुक्त दो पनहया वाहनों एवं थ्री-व्हीलर ऑिो/ई-ररक्सा से नकये गये आर०बी०एम०/मलबे के पनवहन की कुल मात्रा 9128 कु० अिामि 912.8 िन, नजसका नववरण अपर नजलानिकारी, चम्पावि के पत्र नदनांक 27.01.2024 में अंनकि नकया है , पर ित्समय प्रचनलि उत्तराखण्ड खननज (अवैि खनन, पररवहन व भण्डारण का ननवारण) ननयमावली, 2020 के ननयम 13 (5) (क) में नननहि प्रानविानों के अन्तगमि रू 200 लाख अिमदण्ड एवं अवैि वाहनों से पररवहन नकये गये अवैि उपखननज की मात्रा पर रायल्टी का 05 गुना अिामि रू० 3,19,480/-(70x5-350x912.8 िन) की िनरानश अनिरोनपि करिे हुए उक्त अनिरोनपि िनरानश को नवभागीय लेखाशीषमक में अनवलम्ब जमा कराये जाने का ननणमय लेिे हुए िदनुसार प्रकरण को ननक्षेनपि नकया जािा है।"
अिः औद्योदगक दवक स (खनन) अनुभ ग-1 उत्तर खण्ड ि सन, िे हर िू न के उपरोक्त पत्र सख्य -797/VII-A-1/2024-09(88)/2022 दिन ांक 31.05.2024 एवां पत्र सांख्य -1048/VII-A-1/2024-09(88)/ 2022 दिन ांक 18 ुल ई, 2024 की प्रदि सांलग्न कर, आपको अनुप लन िय प्रेदिि की रही है।"
English Translation by Tribunal:
"Subject: Original Application No. 429/2022 Ridhima Pandey vs. State of Uttarakhand filed in the Hon'ble National Green Tribunal, New Delhi.
Regarding the above subject, please refer to the letter number-1048/VII-A-1/2024-09(88)/2022 dated 18th July, 2024 (photocopy enclosed) of Additional Secretary, Industrial Development (Mining) Section-1, Uttarakhand Government, Dehradun. By the said letter, in accordance with the Government's letter number-797/VII-A- 1/2024-09(88)/2022 dated 31.05.2024, a copy of which is also with you (copy enclosed), you have been directed to recover the amount imposed on illegal transportation during the period from 08.06.2021 to 17.06.2021.30
It is to be informed that the Operative Part of the decision taken in the above letter No. 797/VII-A-1/2024-09(88)/2022 dated 31.05.2024 of the Government is as follows:-
"The total quantity of RBM/debris transported by two- wheelers and three-wheeler auto/e-rickshaws used from 08.06.2021 to 17.06.2021 is 9128 quintals i.e. 912.8 tonnes, details of which are mentioned in the letter dated 27.01.2024 of Additional District Magistrate, Champawat, under the provisions contained in Rule 13 (5)
(a) of the then prevalent Uttarakhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2020, a penalty of Rs.
200 lakhs and 05 times the royalty i.e. Rs. 3,19,480/- (70x5- 350x912.8 tonnes) on the quantity of illegal sub-mineral transported by illegal vehicles has been imposed and the said amount should be deposited in the departmental account head immediately. The case is disposed of accordingly after deciding the same."
Therefore, a copy of the above letter number-797/VII-A-1/2024- 09(88)/2022 dated 31.05.2024 and letter number-1048/VII-A-1/2024- 09(88)/ 2022 dated 18 July, 2024 of Industrial Development (Mining) Section-1, Uttarakhand Government, Dehradun is being attached and sent to you for compliance."
36. The arguments were heard in this matter on 21.08.2024 when Tribunal proceeded ex-parte against respondent 4 and judgment was reserved.
37. Since cognizance was taken in this matter suo-moto on a letter petition, obviously, none has appeared for complainant. However, the basic complaint made was that in the garb of dredging, illegal mining was allowed in the prohibited wildlife area i.e., NWS and its ESZ by State of Uttarakhand and the concerned District Magistrates of Nainital and Champawat. Hence, the concerned guilty officers are accountable for such illegal act and appropriate action must be taken against them. 31
38. We also find from record that when OA was entertained by Tribunal on 18.07.2022, short-term permit granted for 06 months to respondent 4 vide Secretary, Industrial Development Mining's letter dated 07.01.2022 had already expired due to lapse of 06 months' period. It is also evident from record that admittedly, the area for which short-term permit mining issued, was part of ESZ of NWS still Secretary, Industrial Development Mining, State of Uttarakhand, without application of mind on this aspect, granted permission vide letter dated 07.01.2022 though it says that the same is for river dredging work under Uttarakhand River Dredging Policy Point No. 1(2) for 06 months. District Magistrate did not apply its mind to the facts that the area, wherein the above activities were allowed, falls within ESZ of NWS and issued letter dated 25.03.2022, permitting collection of river bed mineral lying upstream of Nandhaur river for a period of 06 months and he referred to DM Act, 2005.
39. It is only Divisional Forest Officer, Haldwani, acted responsibility, who sent a letter dated 28.03.2022, informing District Magistrate, Nainital that the area in question (upstream part of river Nandhaur where mining was proposed) comes inside the ESZ of NWS.
40. The role of UKPCB is also not fair and impartial in as much as in its compliance affidavit dated 07.10.2023 filed on 09.10.2022, it is said that in view of Appendix IX, Clause 7 as inserted by way of amended Notification dated 28.03.2020 to EIA 2006, the activities like dredging and de-silting of dams etc. for the purpose of maintenance, upkeep and disaster management is/are exempted from the requirement of EC. The stand of UKPCB clearly omits and ignores the view already taken by Nainital High Court in Writ Petition (PIL) No. 47/2022 (supra), which 32 was finally disposed of on 14.02.2023 wherein it was held that order dated 07.01.2022 which permits a private agency i.e., M/s. APS Infra Engineers Limited (respondent 4) to carry out dredging and remove mineral is not a mere dreading activity but the element of winning of mineral is clearly involved and, therefore, it is not a mere dredging activity but an activity of mining. High Court has categorically held in para 13 of its judgment that it cannot permit respondents to act in terms of order dated 07.01.2022 for the above reason.
41. Despite this judgment of High Court, wherein, the impact, intent and the objective of letter dated 07.01.2022 issued by Secretary, Industrial Development Mining of State of Uttarakhand was already clarified and explained in a particular manner, UKPCB took a different stand which shows that there was a clear and deliberate intent not to abide by the express view taken by High Court and this attempt and endeavour on the part of UKPCB is highly condemnable. In fact, it goes to the extent of contempt of the judgment of Nainital High Court passed in the above Writ Petition (PIL) No. 47/2022 (supra).
42. We could have proceeded further in the matter but it has come on record that demarcation of leased area was not carried out hence, no partial or complete dredging activity could be carried out by respondent 4 pursuant to mining permit dated 07.01.2022 issued by State of Uttarakhand read with District Magistrate's permission letter dated 24.01.2022 and Additional Director, Geological and Mining's letter dated 28.01.2022 and this fact has categorically been placed on record and also in the reply dated 05.02.2024 filed by District Magistrate, Nainital wherein para 5, it has categorically stated that no dredging activity partial or 33 completely could be carried out due to non-demarcation of the area pursuant to 06 months permission granted to respondent 4.
43. However, we are clearly of the view that what has been said by High Court is a binding on respondents and therefore, in the garb of dredging and de-silting, they cannot be allowed mining activities and no mining activities particularly, in the Reserved Forest area or ESZ can be allowed in violation of environmental laws and respondent shall comply the above directions and provisions of law in letter and spirit throughout.
44. With the above observations, we find no reason to proceed in the matter of respondent 4 but direct Chief Secretary to inquire into the conduct of District Magistrate, Nainital as to in what circumstances, such illegal permission was granted and take appropriate action in accordance with law after giving opportunity of hearing to concerned erring officials.
45. Now second part of the matter with regard to short-term permission granted to respondent 6 vide order dated 26.02.2021, permitting removal of river bed mineral in a period of 04 months in khasra no. 335/2 area of 2 hectares. District Magistrate, Champawat has said that the permission expired on 26.06.2021 and no mining/river dredging work was carried out by respondent 6 due to opposition by villagers during the period of 04 months i.e., from 26.02.2021 to 26.06.2021.
46. The stand of respondents authorities particularly, District Magistrate, Champawat is contradictory in as much as subsequently, it has said that respondent 6 misused his e-ravannas by stealing material 34 from other places or sold his e-ravannas to others and that is why lease rent to Rs.2,08,31,400/- deposited by it, has not been claimed back.
47. Respondent 6, on the contrary, has categorically taken a stand that initially there was some protest by villagers whereagainst FIRs were lodged but as a matter of fact, respondent 6 started river dredging work on 05.03.2021 which continued till removal and lawful disposal of specified quantity of 60000 m3 river bed mineral from the boundaries and places earmarked by Administration in the contract. Therefore, as per the stand taken by respondent 6, it has actually carried out entire mining activities to the extent of quantity permitted vide short-term mining permit dated 26.02.2021.
48. The law laid down by Nainital High Cout in Writ Petition (PIL) No. 47/2022 (supra), equally is applicable to the facts of activities carried out by respondents 6 also in as much as it is not mere dredging or de-silting of the mineral from river bed but removal of mining for commercial purposes by private agency and thus clearly attracts the element of winnability of mineral, which comes within the purview of definition of "mining operations" under Section 3(d) of Mines and Minerals (Development and Regulation) Act, 1957, and therefore, the activities carried out by respondent 6 are clearly in the teeth of the law laid down by Nainital High Court in its judgment dated 14.02.2023 in Writ Petition (PIL) No. 47/2022 (supra) and amounts to illegal activities on its part.
49. The activities carried out by respondent 6 by removal of river bed mineral to the extent of 60000 m3 does not qualify for exemption for EC under EIA 2006 as amended by Notification dated 28.03.2020 for the reasons stated by Nainital High Court in Writ Petition (PIL) No. 47/2022 35 (supra) which are clearly applicable and attracted in the facts of the case of respondent 6.
50. Since the activities carried out by respondent 6 comes within the purview of "mining" activities for which no requisite permission was obtained like EC under EIA 2006 read with EP Act, 1986 and consent under Water Act, 1974 and Air Act, 1981, the activities carried out by respondent 6, being illegal, attract the principle of 'Polluter Pays'. Illegal mining is a permanent damage to the ecology and, therefore, caused damage to environment. Supreme Court in Goa Foundation vs. Union of India & Others (2014) 6 SCC 590 has held, when there is illegal mining, environmental compensation must be levied by the violator and it should be upto 10% of the sale price of the mineral. The relevant extract of the judgment of Supreme Court is reproduced as under:
"77. The regulatory and monitoring measures enforced by the Departments of Mines and Geology, the Goa State Pollution Control Board and the Regulator appointed by the Central Government under sub-section (3) of Section 3 of the Environment (Protection) Act, 1986 cannot, however, restore entirely the environment that is damaged in course of mining operations. The Expert Committee has, therefore, recommended that a permanent fund for intergenerational equity and sustainability of mining for all times to come named as "Goan Iron Ore Permanent Fund" be created and an expert group may be constituted by the State for working out the details of this fund. Mr Harish Salve, learned Amicus Curiae, submitted that as the lessees of mining leases earn out of the sale proceeds of the iron ore excavated by them, they should be directed to contribute 10% of the sale proceeds of all iron ore excavated in the State of Goa and sold by them towards the Goan Iron Ore Permanent Fund. He cited the judgment of this Court in Samaj Parivartana Samudaya v. State of Karnataka, (2013) 8 SCC 154 in which this Court has similarly directed for creation of a Special Purpose Vehicle out of 10% of the sale proceeds of the ore sold by e-auction. There is a lot of force in the aforesaid submission of Mr Salve.
78. We find from the report of the Expert Committee that the State 36 of Goa heavily depends on iron ore mining for revenue as well as employment. The legislative policy behind the MMDR Act made by Parliament is mineral development through mining. The State Government of Goa has also adopted the executive policy to encourage mining of minerals in Goa. Moreover, as Mr Ravi Shankar Prasad, learned Senior Counsel appearing for 33 Panchayats, has submitted about 1.5 lakh people are directly employed in mining in Goa and large number of persons have taken bank loans and purchased trucks for transportation of iron ore. Hence, people who earn their livelihood through work in connection with mining will be seriously affected if mining is totally banned to protect the environment. We cannot, therefore, prohibit mining altogether, but if mining has to continue, the lessees who benefit the most from mining, must contribute from their sale proceeds to the Goan Iron Ore Permanent Fund for sustainable mining. Accordingly, in exercise of our powers under Article 32 read with Article 21 of the Constitution, we direct that henceforth 10% of the sale proceeds of iron ore excavated in the State of Goa and sold by the lessees must be appropriated towards the Goan Iron Ore Permanent Fund for the purpose of sustainable development and intergenerational equity and the State of Goa in consultation with CEC will frame a comprehensive scheme in this regard and submit the same to this Court within six months."
51. The question of compensation was considered by Supreme Court in 77 and 78 of the judgment in the case of Goa Foundation vs. Union of India & Others (supra). It appears that Learned Amicus Curiae Shri Harish Salve submitted that since the lessees of mining leases have earned out of sale proceeds of the iron ore excavated by them, which was found to be an illegal mining and this should contribute 10% of the sale price. Supreme Court in para 78 directed that henceforth 10% of the sale proceeds of iron ore excavated in State of Goa and sold by lessees shall be used for the purpose for sustainable development and inter-generational equity.
52. In the present case also, it is not in dispute that respondent 6 has carried out mining activities, removed 60000 m3 of the mineral for its 37 commercial gains and, therefore, in our view, environmental compensation for remediation of the environment and for sustainable development and precautionary principle should be collected at the rate of 10% of the sale price of the mineral.
53. However, we do not find any material on record to show the sale price of the mineral removed and taken away for commercial gains by respondent 6 and, therefore, find it difficult to compute environmental compensation in this judgment.
54. We accordingly find it appropriate to direct UKPCB to compute environmental compensation against respondent 6 on the above illegally mined mineral from the prohibited area, after giving due opportunity of hearing to respondent 6 in accordance with law and recover the same expeditiously. After realising the environmental compensation, it shall be used for remediation of the environment, in accordance with Environment Rejuvenation Plan which shall be prepared by a Committee comprising District Magistrate, Champawat; UKPCB; and, CPCB wherein CPCB shall be the nodal authority. The said Plan shall be prepared within two months.
55. We also direct that in future Chief Secretary, State of Uttarakhand and Additional Chief Secretary/Principal Secretary, Mining Department as well as Environment and Forest Department shall ensure that no mining activities in violation of environmental laws are carried out in Reserved Forest Area or Eco-Sensitive Zone and if any such violation is found, immediate penal, prohibitive, remedial and stern action be taken against the violator.
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56. With the above directions, this Original Application is disposed of.
SUDHIR AGARWAL, JUDICIAL MEMBER DR. AFROZ AHMAD, EXPERT MEMBER March 28, 2025 Original Application No. 429/2022 R 39