Remanded

News Item Titled "Punjab Has No Tech Mechanism to Check Illegal Mining Says Cag" Appearing in Hindustan Times Dated 31.01.2024 vs

NGT9 Sept 2024Original Application No. 222/2024

Case brief

AI extract

What is this about?

NGT Delhi registered a suo motu application regarding reports of rampant illegal mining in Punjab. The Court examined state responses concerning the implementation of the Punjab Sand Portal, geo-tagging, and weigh-bridge mandates under state policies, finding gaps in enforcement.

What did the court decide?

The Tribunal directed the mining department and Punjab Pollution Control Board to ensure implementation of tech mechanisms and file a report detailing steps taken within three months.

News Item Titled "Punjab Has No Tech Mechanism to Check… — Environment and Pollution | NGT (2024)

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Item Nos. 01 & 02

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 222/2024

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News item titled "Punjab has no tech mechanism to check illegal mining says CAG" appearing in Hindustan Times dated 31.01.2024

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And

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Original Application No. 551/2024

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News Item titled "“ प ं जाब का बडा म ु द ्द ा पजाब क ं े बॉडर एररय म ड ें नहि र ु क रिा अव ै ध खनन , द े श कक सरक ु ्ष ा को खतरा बढा ” appearing in Amar Ujala dated 09.04.2024

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Date of completion of hearing and reserving of order: 02.09.2024

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Date of Pronouncement of order:

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09.09.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Respondent: Mr. Divyam Nandrajog, AAG with Ms. Surbhi Soni, Advs. for R - 1 & 3 to 5 Ms. Richa Kapoor & Ms. Atika Singh, Advs. for Punjab PCB

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ORDER

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This original application has been registered suo motu on the basis of the news item "Punjab has no tech mechanism to check illegal mining says CAG" appearing in Hindustan Times dated 31.01.2024 and “ पंजाब का बडा मुद्दा पंजाब के बॉडडर एररय में नहि रुक रिा अवैध खनन , देश कक सुरक्षा को खतरा बढा ” appearing in Amar Ujala dated 09.04.2024.

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The matter relates to rampant illegal mining in Punjab and the failure of Punjab Government and its agencies to use tech mechanism to detect and check illegal mining in the State. The news item also reveals that the Punjab Government has issued the Punjab State Sand and Gravel Mining Policy, 2018 which requires geo-tagging, geo-fencing,

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electronic surveillance and such technology. However, these mechanisms are not used to detect illegal mining. The news item also mentions the observations made by the Controller and Auditor General of India which has pointed out the failure of the Punjab Government to use such technology to check illegal mining.

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In this regard, a response was sought from the State of Punjab through the Chief Secretary, Punjab Pollution Control Board, DC/DM Amritsar, Kapurthala and Faridkot.

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The responses were filed by the DC Kapurthala, DC Faridkot, PPCB and Mines Geology Department of Punjab and State of Punjab. These responses have been examined.

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The counsel appearing on behalf of the State Government mentioned that the approved mining sites have been geo tagged and geo fenced by conducting a differential global positioning system (DGPS) Survey of Mines located in the State of Punjab as per the Punjab State Minor Mineral Policy, 2023. The coordinates of all corner points of the mine area are captured and placed in the public domain in the form of KML file. It was also mentioned that the Department of Mines and Geology is taking several measures to prevent illegal mining with technology.

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The counsel provided Punjab State Sand and Gravel Mining Policy 2018 and as per the policy the State is required to install various tech mechanisms such as Punjab Sand Portal, payments and transactions to be made online, monitoring on real-time basis, electronic documentation restriction of vehicles, installation of weighbridges, weigh slips, geo tagging etc. The relevant para of the above policy is as follows:

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“17. Punjab Sand Portal - The Department is in the process of implementing an Online Punjab Sand Portal and sale of sand to all consumers, small, medium or large, will be through online and Offline mode. All transactions/payments will be captured through an online real time monitoring system. Sale of sand will be controlled by electronic documentation linked to a central documentation monitoring facility and upload daily progress report on the portal. The concessionaire of each block shall have to notify rate of sand on this portal. The summary of online order, quantity of available sand at mine shall be available on portal. Punjab Sand Portal shall be a facility available to consumer and act as an MIS for the department and concessionaire. The Online and Offline mode shall be allowed for sale of sand from the mines/sand yard. A mobile app shall also be launched for booking of orders by consumers. Online orders could be booked from Divisional Mining Office or Sub-Divisional Mining Office.

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18. Registration of Vehicles on Punjab Sand Portal - All vehicles which shall be used for transportation of sand, will be registered on the sand portal when the Punjab Sand Portal is operationalised. These vehicles shall have Hologram, GPS Tracking and other marking facilities. The consumers shall be able to hire vehicles online, on payment of freight charges at the rates fixed according to length of the transportation. The list of all the registered vehicles along with their contact details shall be displayed for the customers to place orders for transportation.

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19. Installation of Weigh-bridges - Each mine shall have an electronic weigh-bridge, integrated with central server. Any vehicle found carrying sand without proper weighment slip shall be liable to be seized under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 or the rules made there under.

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20. Weighment Slips to be Mandatory - The weighment slips for transportation of sand will have the security features like bar codes, QR codes and will be stamped with date and time along with all other information. The vehicles will be tracked by way of GPS/RFID tags. All vehicles carrying sand shall mandatorily carry the weighment slips for transportation of sand.

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21. Geo-tagging of mines - Geo-tagging of the mine area will be carried out while conducting physical inspection as the boundary of the mine will be checked using the coordinates recorded in GPS device, and the monitoring team can check whether any mining activity is going on outside the permitted area or not.”

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Further, the counsel also mentions about the implementation of

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the Punjab State Minor Mineral Policy, 2023 which also operates parallel.

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This policy also mandates the following:-

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“ Punjab Sand Portal –

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a. The Department is implementing an Online Punjab Sand Portal and sale of sand to all consumers, small, medium or large, will be

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through online mode. All transactions/payments will be captured through an online real time monitoring system.

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b. Sale of sand will be controlled by electronic documentation linked to a central documentation monitoring facility which will upload the daily progress report on the portal.

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c. The concessionaire of each CMS/ Cluster of CMS shall have to notify the rate of sand on this portal. The summary of online order and the quantity of available sand at the mine shall be available on the portal. Punjab Sand Portal shall be a facility available to consumer and act as an MIS for the department and concessionaire. A mobile app shall also be launched for booking of orders by consumers. Online orders can be booked from Divisional Mining Office or Sub-Divisional Mining Office.

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d. All big consumers i.e. contractors or firms consuming more than 2,50,000 cubic feet sand, gravel, river bed material and ordinary earth in total in a project such as in Roads, Irrigation Works, Dams and Buildings of any type will be required to keep record of and check authenticity of way slips from official web-site of the department. The Director will create a facility on the Sand Portal that will allow these consumers to scan the QR codes of weighment slips of sand and gravel used by them, and thus automatically upload the quantity on the portal. They will file a return online annually with the Mining department indicating the consumption along with log of way slips failing which they shall be liable to pay the Government dues along with 50% of it as penalty.

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Registration of Vehicles on Punjab Sand Portal –

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a. All commercial vehicles used for transportation of sand, from CMS shall be registered on the sand portal. These vehicles shall have Hologram and such other marking facilities as may be ordered by the Government from time to time.

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b. The Department shall endavour to create a facility to allow consumers to purchase the sand and gravel online through the departmental web-portal i.e. https://minesandgeology.punjab.gov.in. As and when such a facility is created, it shall be binding on the Concessionaire to accept online orders received from the portal and service them on priority.

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c. The list of all the registered vehicles along with their contact details shall be displayed for the customers to place orders for transportation.

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d. In the case of PMS the details of the vehicles shall be uploaded at the time of sale of sand or gravel at the pit-head.

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Weigh-bridges and Weighment Slips

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a. Each mine shall have an electronic weigh-bridge, integrated with a central server. Any vehicle found carrying sand without proper weighment slip shall be liable to be seized under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 or the rules made there under.

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Provided that the Director may, with the approval of the

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Government, allow issuance of weighment slips on the basis of volumetric calculation of sand in PMS, wherever there is a delay in installment of weighbridge in such a PMS.

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b. The concessionaires shall be responsible for installation of weighbridge at sites, their operation, integration with the department web portal and installation of CCTV cameras at sites.

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c. The weighment slips for transportation of sand will have the security features like bar codes, QR codes and will be stamped with date and time along with all other information.

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d. All vehicles carrying sand shall mandatorily carry the weighment slips for transportation of sand.

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e. Revenue collected by the Concessionaire against Information and Technology pegged @ 8paise per cubic feet of Annual Concession Quantity, shall be deposited in the State exchequer by the contractor along with other quarterly installments.

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f. It shall be the responsibility of the contractor for maintenance of roads connecting mining sites and to ensure that traffic is not interrupted in the vicinity of mine due to the movement/breakdown of vehicles carrying sand and gravel.

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Geo-tagging of mines –

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Geo-tagging of the mine area will be carried out while conducting physical inspection as the boundary of the mine will be checked using the coordinates recorded in GPS device, and the monitoring team can check whether any mining activity is going on outside the permitted area or not.”

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The counsel appearing for the State of Punjab could not indicate the list of technological measures that have been adopted by the concerned Department for the purpose of enforcement and monitoring of the Punjab State Minor Mineral Policy, 2023 and Punjab State Sand and Gravel Mining Policy, 2018.

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With regard to the environmental issues concerning the mining including checking illegal mining, the counsel for Punjab State Pollution Control Board informed that all procedures laid down in the EIA Notification, 2006 are followed for permitting mining and the Pollution Control Board issues consents for such legal mining. With regard to illegal mining, environmental compensation is imposed as per norms. The counsel for the PCB provided a sample Consent to Operate issued to a particular mine on 20.10.2023 by the PCB. On examination of the said sample consent, it is observed that under specific conditions one item has been incorporated which reads as follows:-

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“7. The project proponent shall ensure the compliance of provisions of Punjab Minor Mineral Rules, 2013 or any Rules/Acts relating to the mining of minor minerals”

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Mere incorporation of the above condition without specifying various statutory requirements as laid down in the Punjab State Minor Mineral Policy, 2023 and Punjab State Sand and Gravel Mining Policy, 2018 that are to be provided by the Project Proponent/Departments is futile. The Punjab Pollution Control Board should be more vigilant as they are the statutory body to address illegal mining and violations of the Environment Protection Act, 1986 including The Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act 1981 apart from all relevant State Laws pertaining to environmental issues relating to mining.

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In view of the above, the concerned Department, of the State Government responsible for according permissions for mining including the PPCB are directed to clearly indicate and ensure implementation of all the tech mechanisms required for monitoring and enforcement of laws relevant to illegal mining and take steps to check illegal mining. The Department of Mining and Geology and Punjab Pollution Control Board are directed to file a report indicating the various tech mechanism that have been put in place along with the concerned staff who have been assigned for this specific purpose including infrastructure facilities provided, before the Registrar General of this Tribunal within three months e-mail. If found necessary, the matter will be listed for consideration before the Bench.

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O.A. is accordingly disposed of.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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September 09, 2024 O.A. No. 222/2024 & O.A. No. 551/2024 HB..

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News Item Titled "Punjab Has No Tech Mechanism to Check Illegal Mining Says Cag" Appearing in Hindustan Times Dated 31.01.2024 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "Punjab Has No Tech Mechanism to Check Illegal Mining Says Cag" Appearing in Hindustan Times Dated 31.01.2024 vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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