Disposed

Om Pal and Ors. vs

NGT7 Feb 2024IA No. 12/2024 in Original Application No. 160/2022

Case brief

AI extract

What is this about?

The National Green Tribunal addressed an original application and interlocutory applications regarding illegal sand mining in Uttar Pradesh. The court allowed the filing of additional documents and granted a final hearing date, directing police and administrative authorities to prevent illegal mining while the stay order continues.

What did the court decide?

Additional documents allowed; further reply opportunity granted; final hearing listed for March 13, 2024.

Om Pal and Ors. vs — Environment and Pollution | NGT (2024)

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Item No.7

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(Court No. 2)

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.

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(Through Physical Hearing with Hybrid VC Option)

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Original Application No.160/2022 (I.A. No. 860/2023, I.A. No. 75/2023 and I.A. No. 12/2024)

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Om Pal & Ors. …Applicants Versus State of U.P & Anr. …Respondents

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Date of hearing: 07.02.2024

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER. HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER.

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Applicant: Mr. S. P. Singh, Senior Advocate with Ms. Divya Singhvi, Advocate for Applicant. Respondent: Mr. Bhanwar Pal Singh Jadon and Mr. Hardik Saxena Advocates for Respondent no. 1-State of U.P. Mr. Mukesh Verma Advocate for Respondent no. 2- Mining and Geology, U.P. Mr. Utkarsh Tripathi Mining Officer, for Mining Department, Ghaziabad. Mr. Pradeep Mishra and Mr. Daleep Dhyani, Advocates for Respondent no. 3-UPPCB (Through VC). Mr. Ravi Prakash Mehrotra Senior Advocate alongwith Ms. Pallavi Pratap and Mr. Apoorv Shrivastava Advocates for Respondent No. 5-Project Proponent (Through VC).

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Application is registered based on a complaint received by post.

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ORDER

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Grievance of the applicants is regarding sand mining at Khasra no.

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8, 9, 10, 11, 12, 13, 37 and 38 in village Pachagarha Khand1, District

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Ghaziabad, Uttar Pradesh by contractor Mr. Mumtaz Ali in violation of environmental norms.

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O.A No. 160/2022

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Om Pal & Ors. Vs. State of U.P. & Anr.

¶17

¶18

Vide order dated 10.03.2022 this Tribunal constituted a Joint Committee which submitted its report 25.05.2022 and additional report vide email dated 11.11.2022.

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In view of the environmental violations this Tribunal vide order dated 16.11.2022 restrained the Project Proponent from carrying out any further mining from the mining site in question till further order to the contrary.

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The Project Proponent filed Civil Appeal No. 8872/2022 titled Mumtaz Ali Vs. Om Pal and others and in view of order dated 02.12.2022 passed by Hon’ble Supreme Court this Tribunal vide order dated 08.12.2022 allowed I.A. No. 319/2022 and vacated the injunctive order dated 16.11.2022 and allowed the Project Proponent to carry out the mining in accordance with rules and in compliance with the conditions imposed at the time of grant of EC by SEIAA and CTE/CTO by UPPCB and the statutory environmental norms and directed the Project Proponent to file compliance report and directed the Director, Mining and Geology, State of Uttar Pradesh and UPPCB to file verification reports. Compliance report by way of I.A. No. 75/2023 was filed by the Project Proponent and Joint Status report was filed by AEE and RO, UPPCB and Senior Mining Officer, Ghaziabad vide email dated 24.03.2023.

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In view of the violations this Tribunal vide order dated 27.03.2023 directed respondent no. 5 to desist from carrying out any further mining activity in the mining site leased out to it and environment clearance if any granted by SEIAA, Uttar Pradesh to respondent no. 5 in respect of the above said mining site shall also remain in abeyance till further orders to the contrary.

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O.A No. 160/2022

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Om Pal & Ors. Vs. State of U.P. & Anr.

¶24

¶25

Vide order dated 17.10.2023 State of U.P. and Respondent no. 5- the Project Proponent were directed to file reply/response.

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I.A. No. 12 of 2024 has been filed by respondent no. 5 for placing on record additional documents mentioned at Serial No. i to xi (wrongly mentioned as Serial No. i to x due to assignment of number i to two documents).

¶27

In view of the reasons mentioned I.A. No. 12/2024 is allowed and additional documents are taken on record.

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I.A. No. 860 of 2023 has been filed by respondent no. 5 for vacating the order of stay dated 27.03.2023.

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In the very nature of the things, I.A. No. 860/2023 has to be disposed of with the present original application.

¶30

The applicant and respondents no. 1 to 4 were given opportunity to file to the same but replies have not been filed.

¶31

In the interest of justice one more opportunity is granted to the applicant and respondents no. 1 to 4 to file reply to I.A. No. 860 of 2023.

¶32

Responses by the State of Uttar Pradesh and respondent no. 5 in terms of order dated 17.10.2023 and replies to I.A. No. 860/2023 by the applicant and respondents no. 1 to 4 may be filed on or before 11.03.2024 by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.

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The parties may also take requisite steps to complete their pleadings by the above mentioned date and no further adjournment will be granted for this purpose.

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O.A No. 160/2022

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Om Pal & Ors. Vs. State of U.P. & Anr.

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¶37

List for further consideration/final hearing on 13.03.2024.

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Interim injunctive order dated 27.03.2023 to continue till further orders to the contrary and the District Magistrate and the Senior Superintendent of Police, Ghaziabad shall be bound to take appropriate steps to ensure that no illegal mining takes place in the mining site in question as thereby directed.

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A copy of this order be sent to the District Magistrate and the Senior Superintendent of Police, Ghaziabad by email for requisite compliance.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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February 07^th , 2024 AG

Om Pal and Ors. vs

Case brief

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Om Pal and Ors. vs

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