National Green Tribunal
Daljeet Singh vs Uttar Pradesh Pollution Control Board on 28 October, 2021
Item No. 05 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
(By Video Conferencing)
Original Application No. 249/2021
(I.A. No. 187/2021)
WITH
Caveat Application No. 12/2021, Caveat Application No. 13/2021 &
Caveat Application No. 14/2021
Daljeet Singh & Anr. Applicant(s)
Versus
Uttar Pradesh Pollution Control Board & Ors. Respondent(s)
Date of hearing: 28.10.2021
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Ajit Sharma, Advocate
Respondent: Mr. Saurabh Rajpal, Advocate for R - 10 to 12
ORDER
1. Heard Shri Ajit Sharma, Advocate for the applicant and Shri Saurabh Rajpal, Advocate who has appeared for the Caveator- Aadesh Pandey, M/s Shakumbari Mines and M/s Star Mines who are impleaded as Respondents No. 10, 11 and 12 in this application.
2. This application has been filed by the applicant under Section 14 and 18 of National Green Tribunal Act, 2010, complaining that Respondents No. 7 to 14 are illegally operating in sand mining in different villages in Tehsil Behat and Nakud, District Saharanpur, without having received any consent from State PCB under the provisions of Water (Prevention and Control of Pollution) Act, 1974 1 (Water Act, 1974) and Air (Prevention and Control of Pollution) Act, 1981 (Air Act, 1981). Illegal mining, that too in river bed, is going on in connivance with local officials who are responsible for protection, preservation and maintenance of environment but ignoring to take any action against the above violators. Applicant has also placed on record documents showing that in the online applications submitted, Project Proponents i.e., private respondents have clearly mentioned that no NOC has been obtained from State PCB. In this regard, our attention is drawn to the documents on pages 88, 92 and 96 which pertain to Respondent Nos. 10, 11 and 12, who are represented through counsel, having filed Caveats in this matter.
3. When enquired from the Learned Counsel appearing for the Caveators, he could not give any specific reply that said Caveat Respondents have received any consent from State PCB under the provisions of the Water Act, 1974 and Air Act, 1981. The applicant has also placed on record several photographs which show large scale mining, going on in river bed. In fact, Learned Counsel appearing for Caveators Respondent has also not denied this fact that mining activities had undergone by respondents 10,11, and 12, during the year 2021, but he says that the said mining was carried out after obtaining permission from mining Department. He however, could not give any reply with respect to the requisite consent/ permission/ NOC under environmental laws.
4. In view of the documents available on records and lack of clear information given on behalf of the Caveators respondents, prima-facie it appears that mining activities in Tehsil Behat and Nakud, District Saharanpur are going on in violation of environmental laws and a 2 substantial question relating to environment regarding implementation of statutes under Schedule to NGT Act has arisen.
5. We issue notices to Respondents No. 1 to 9, and 13 to 15 by email and also give liberty to the applicant to serve a copy of the application upon all the Respondents except 10 to 12, personally and file affidavit of service within three weeks. Since respondents 10 to 12 are already represented through Counsel, no further notice need be issued.
6. The Respondents including official respondents shall file their response within one month after receipt of the notice.
7. In the meantime, for obtaining factual details in the matter, we find it appropriate to constitute a joint Committee comprising of CPCB, SEIAA, UP, State PCB and District Magistrate, Saharanpur. The State PCB will be the nodal agency for coordination and compliance. The said Committee shall examine the matter and submit its detailed report. The said report, besides other, should also clearly give the facts relating to factum of mining undergone by Project Proponents, including area, quantity and number of days and also the fact whether the said mining was carried out after obtaining requisite statutory consent/NOC/approval / permissions etc. or without that. The report will also include whether any action for prevention of mining, if it has undergone illegally in violation of environmental laws, has been taken by the concerned authorities in the District Administration and State PCB officials or not. The said report shall be submitted within two 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.
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8. In the meantime, considering gravity of the issue and also having seen documents which prima-facie show that mining activities have been carried out without obtaining any consent from State PCB, as an interim measure we direct State PCB and District Magistrate, Saharanpur to ensure that no mining activities of sand are carried out in District Saharanpur illegally i.e. without obtaining consent under the provisions of Water Act, 1974 and Air Act, 1981 and they shall take further remedial action in the matter without any further delay, against all such violators including Respondents No. 7 to 14.
List for further consideration on 27.01.2022.
A copy of this order be forwarded to the CPCB, SEIAA, UP, State PCB and District Magistrate, Saharanpur by e-mail for compliance.
Sudhir Agarwal, JM Brijesh Sethi, JM Dr. Nagin Nanda, EM October 28, 2021 Original Application No. 249/2021 A 4