Disposed

Anish v. Ministry of Environment Forest and Climate Change

NGT8 Mar 2022IA No. 131/2021 in Original Application No. 150/2021

Case brief

AI extract

What is this about?

The National Green Tribunal addressed grievances regarding sand mining violations in Haryana. Dissatisfied with an incomplete Joint Committee report, the Tribunal directed the Monitoring Committee to undertake a site visit, verify facts, and submit a new factual report within two months.

What did the court decide?

Directed Monitoring Committee to visit sites, verify facts, and submit a new report within two months; listed for further consideration.

Anish vs Ministry of Environment Forest and Climate Change — Environment and Pollution | NGT (2022)

¶1

(Court No.01)

¶2

Item No. 04

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

(By Video Conferencing)

¶5

Original Application No. 150/2021 (I.A. No. 131/2021)

¶6

(With report dated 24.02.2022)

¶7

Anish Applicant

¶8

Versus

¶9

Union of India & Ors. Respondent(s)

¶10

Date of hearing: 08.03.2022

¶11

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER

¶12

Applicant: Mr. Sandeep Mishra, Advocate Respondent: Mr. Rahul Khurana, Advocate for HSPCB

¶13

ORDER

¶14

Grievance in this application is against violation of environmental norms by Respondent No. 11 to 13 - M/s Development Strategies India Pvt. Ltd., M/s Delhi Royalty Company and M/s Mubarikpur Royalty Company at Yamuna Nagar, Haryana in conducting sand mining at village Pobari, Tehsil-Radaur, District Yamuna Nagar, project site at Khasra Number Pobari Block/YNR B-11 over area of 23.05 Ha. vide EC dated 27.06.2021 for Respondent No. 11 and village – Kohliwala, Tehsil Chhachhrauli District Yamuna Nagar, project site at Khasra No. Block /YNR B-21 and 22 over area of 13.59 Ha vide EC dated 27.06.2016 for Respondent No. 12 and village Bailgarh, Tehsil Chhachhrauli, District

¶15

¶16

Yamuna Nagar, project site at Khasra No. South Block / YNR B-2 over area of 28 Ha. vide EC dated 27.06.2016.

¶17

The applicant has inter-alia annexed photographs showing the diversion of the river flow, in stream mining and use of heavy machinery which is against the EC, the Sustainable Sand Mining Guidelines, 2020 and recent order of this Tribunal dated 26.02.2021 in O.A. No. 360/2015, NGT Bar Association v. Virender Singh (State of Gujarat) and other connected matters directing as follows:-

¶18

“ 1to26..xxx……….……………..xxx……………………………………xxx

¶19

27. We direct all the States/UTs to strictly follow the SSMG2016 read with EMGSM-2020 reinforced by mechanism for preparation of DSRs (in terms of directions of this Tribunal dated 14.10.2020 in Pawan Kumar, supra and 04.11.2020 in Rupesh Pethe, supra), Environment Management Plans, replenishment studies, mine closure plans, grant of EC (in terms of direction dated 13.09.2018 in Satendra Pandey, supra), assessment and recovery of compensation (as per discussion in Para 25), seizure and release of vehicles involved in illegal mining (in terms of order dated 19.02.2020 in Mushtakeem, supra), other safeguards against violations, grievance redressal, accountability of the designated officers and periodical review at higher levels. As already noted, EMGSM-2020 contemplates extensive use of digital technology, including remote sensing.

¶20

28. We further direct that periodic inspection be conducted by a five-members Committee, headed and coordinated by the SEIAA and comprising CPCB (wherever it has regional office), State PCB and two expert members of SEAC dealing with the subject. Where CPCB regional office is not available, if MoEF&CC regional office is available, its Regional Officer will be included in the Committee. Where neither CPCB nor MoEF&CC regional office exists, Chairman, SEIAA will tie up with the nearest institution of repute such as IIT to nominate an expert for being included in the Committee. Such inspection must be conducted at least thrice for each lease i.e. after expiry of 25% the lease period, then after 50% of the period and finally six months before expiry of the lease period for midway correction and assessment of damage, if any. The reports of such inspections be acted upon and placed on website of the SEIAA. Every lessee, undertaking mining, must have an environment professional to facilitate sustainable mining in terms of the mining plan and environmental norms. This be overseen by the SEIAA. Environment Departments may also develop an appropriate

¶21

¶22

mobile App for receiving and redressing the grievances against the sand mining, including connivance of the authorities and also a mechanism to fix accountability of the concerned officers. Recommendations of the Oversight Committee for the State of UP quoted earlier may be duly taken into account.

¶23

The mechanism must provide for review at the level of the Chief Secretary at least once in every quarter, in a meeting with all concerned Departments in the State. The Chief Secretary UP may ensure further action in the light of the report of the Oversight Committee.

¶24

Similarly, at National level, such review needs to be conducted atleast once in a year by the Secretary, Environment in coordination with the Secretaries Mining and Jalshakti Ministries the CPCB.”

¶25

Vide order dated 12.07.2021, the Tribunal considered the averments in the application and found it necessary to require an independent factual and action taken report from a joint Committee comprising SEIAA, Haryana, CPCB, State PCB and District Magistrate, Yamuna Nagar.

¶26

In pursuance of above, the joint Committee has filed its report on 24.02.2022. The report inter-alia mentions that requisite plantation has not been done by the Project Proponent. One of the lessee has undertaken mining in excess of permitted capacity. The report, however, does not mention the details of the mining plan and coordinates of the mining area. It is also not clear whether the processes used in mining are permissible. To this extent the report is not complete. This calls for a further independent factual report in the matter.

¶27

Accordingly, we request the Monitoring Committee headed by Justice Pritam Pal, former Judge of Punjab and Haryana High Court, which has been appointed by this Tribunal to monitor compliance of certain orders of this Tribunal, in the State of Haryana, to cross-check the factual position by undertaking visit to the site with the assistance of

¶28

¶29

such of the authorities as may be considered necessary. The visit may be facilitated by the State PCB and the District Magistrate. The report may be furnished to the Tribunal 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.

¶30

List for further consideration on 25.05.2022.

¶31

A copy of this order be forwarded to the State PCB, District Magistrate and Justice Pritam Pal, former Judge of Punjab and Haryana High Court by e-mail for compliance.

¶32

I.A. No. 131/2021

¶33

I.A. No. 131/2021 is for exemption from filing fair copies of the dim annexures which will stand disposed of as the matter has already been considered on merits.

¶34

Adarsh Kumar Goel, CP

¶35

Sudhir Agarwal, JM

¶36

Prof. A. Senthil Vel, EM

¶37

March 08, 2022 Original Application No. 150/2021 (I.A. No. 131/2021) SN

¶38

Anish v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

Anish v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Biranchi Narayan Mahapatra vs State of Odisha

Sanjay Chauhan vs Central Coalfields Ltd.

Sajnay Chauhan vs Central Coalfields Limited

Vinod vs Babita Rana

R K Gupta vs

Budhsen Rathour vs Union of India

Budhsen Rathour vs Union of India

Ramesh Agarwal vs Union of India through Its Secretary

Satish Chander Singh vs Uttarakhand Environment Protection and Pollution Control Board

News Item Published in the Tribune Dated 22.02.2022 Titled "7 Killed in Blast at Firecrackers Factory in Himachal Una" vs

Behari Lal Chaturvedi vs Ministry of Jal Shakti

Misc Application in disposed of cases No. 18/2022 in Original Application No. 46/2018 of Nuggehalli Jayasimha vs Government of NCT of Delhi Urban Development