Dismissed

Centre for Environment Protection v. State of Mizoram

NGT8 Feb 2024Original Application No. 27/2024

Case brief

AI extract

What is this about?

The NGT Eastern Zone Bench dismissed an original application filed by the Center for Environment Protection alleging illegal sand mining and stone quarrying in Mizoram. The court found that the allegations on quarrying without permits and sand mining surveys were divergent and unrelated, causing multiplicity of reliefs. The application was withdrawn with liberty to file a fresh one.

What did the court decide?

Reliefs sought regarding illegal mining and sand mining surveys dismissed upon withdrawal with liberty to file a fresh application.

Centre for Environment Protection vs State of Mizoram — Mining and Natural Resources | NGT (2024)

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Item No.01

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.27/2024/EZ

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IN THE MATTER OF :

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Center for Environment Protection (CEP), B-27/1, Tuikual South, Aizawl, Mizoram, Pin – 796001, represented by its Chairman, Mr. A.C. Zonunmawia, Aizawl, Mizoram,

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… Applicant(s)

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Versus

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State of Mizoram, Represented by the Chief Secretary to the Government of Mizoram, New Capital Complex (MINECO), Aizawl, Mozoram, Pin – 796001,

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The Secretary to the Government of Mizoram, Directorate of Geology & Mining, Mizoram, Pin – 796001,

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The Director, Directorate of Geology & Mining, Mizoram, Pin – 796001,

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The Principal Secretary to the Government of Mizoram, Department of Environment, Forest & Climate Change, Aizawl, Mizoram, Pin – 796001,

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The Principal Chief Conservator of Forest, Department of Environment, Forest & Climate Change, Government of Mizoram, Aizawl, Mizoram, Pin – 796001,

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The Mizoram Pollution Control Board, Represented by the Member Secretary, Government of Mizoram, Aizawl, Mizoram, Pin – 796001,

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The M/s Dwarakamai Constructions Private Limited, Through the Managing Director, Office – Dwarkamai Towers 501,

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5^th Ramanagr Main Road, Anantpur, Andhra Pradesh, Pin – 515001,

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The Anusha Projects Private Limited, Through the Managing Director, 120, Phase 1, Sri Nagar Colony, Kamalapuri Colony, Banjara Hills, Hyderabad, Pin – 500073,

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… Respondent(s)

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Date of hearing: 08.02.2024

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Ms. Paushali Banerjee, Advocate

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ORDER

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Heard Ms. Paushali Banerjee, learned Counsel for the Applicant.

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This Original Application has been filed by the Applicant seeking the following reliefs:-

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“a. To direct the State Respondents to stop illegal sand mining and stone quarrying operating without any Mining Permits and Mining Leases in the State of Mizoram.

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b. To direct the Respondent No.7 and Respondent No.8 to pay Environmental Compensation with respect to illegal operation of stone quarrying and sand mining in contravention the 2000 Rules for construction of NH-6 (Seling to Champhai).

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c. To direct the State Respondent to complete the preparation of DSR and submit before the SEAC and SEIAA for scrutiny, strictly complying with the Sustainable Sand Mining Management Guidelines, 2016, the Enforcement and Monitoring Guidelines for Sand Mining, 2020 and to ensure strict compliance of the strict priniples laid down of the Hon’ble Supreme Court and National Green Tribunal.

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d. To direct the State Respondents to enforce the rule of laws and environmental laws and to take immediate strict legal action with respect to operate of Sand Mining and Stone Quarrying as required by the prevailing Statutes and Rules.

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e. To direct the State Respondents to frequent investigate and monitor the illegal sand mining and stone quarrying in all the Districts of Mizoram as well as reserved forest areas and to take stringent action against the illegal encroachers and violators for protection of environments and submit the report before this Hon’ble Tribunal.

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f. Issue such other direction and order, which this Hon’ble Tribunal may deem fit and proper under the fact and circumstances of the case.”

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The allegation in the Original Application is that the Respondent

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No.7, M/s Dwarakamai Constructions Private Limited, a

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construction and stone mining company, has commenced the upgradation of National Highway (NH-6) from Chainage Km. 72+350 to Km. 84+800 (Kawlkulh-Khawzawl) at Package-II since 2021 using stone crushing unit measuring around 2 acres and operating at a location around 10 kilometers away from Khawzawl town.

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It is alleged that there are no valid Mining Permit for the period of November, 2023 in Khawzawl District as per the list of stone quarry permit holders since 2012-23 of Khawzawl District, copy of which has been filed as Anneuxre-A-11 to the Original Application.

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Likewise, it is alleged that the Respondent No.8, Anusha Projects Private Limited, which is also a construction company has commenced upgradation of two lane with pave shoulders of Economic Corridor of NH-6 from Chainage km. 45+040 to km. 62+100 (Selig-Dulte-IV) in 2021 wherein illegal stone quarrying is being done by the said Respondent.

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It is also alleged that stone quarrying is being done without any valid permit or Environmental Clearance in the State of Mizoram. Photographs have also been filed along with the Original Application.

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It is also alleged that the Respondent Nos.7&8 are operating illegal stone quarry for construction of National Highway-6 in the State of Mizoram in contravention of the Mizoram Minor Mineral Concession Rules, 2000, which is a gross violation of the Environment (Protection) Act, 1986, and the EIA Notification, 2006.

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It is also alleged that sand mining is being carried on without any Environmental Clearance or District Survey Report (DSR) in the Tlawng Riverine Reserved Forest area and it is also alleged that a

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draft District Survey Report needs to be submitted to the State Expert Appraisal Committee (SEAC) and State Environmental Impact Assessment Authority (SEIAA) for approval through the Sub-Divisional Committees, however, the draft District Survey Report has not been approved by the Sub Divisional committee till date but mining and quarrying is going on.

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The Applicant has also alleged operation of illegal sand mining without getting permission from the competent authority and has prayed for a direction to the State Respondents to prepare the DSR and submit the same before the SEAC and SEIAA for scrutiny, strictly complying with Sustainable Sand Mining Management Guidelines, 2016, and the Enforcement and Monitoring Guidelines for Sand Mining, 2020.

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When a specific question was put to Ms. Paushali Banerjee, learned Counsel for the Applicant, whether the Respondent Nos.7&8 are carrying on sand mining, she replied in the negative. She also stated that quarrying operations being carried out by the Respondent Nos.7&8 are not covered under the Sand Mining Guidelines 2016 or 2020.

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We are, therefore, of the view that two divergent issues not interconnected to each other through Sand Mining Rules have been raised in the present Original Application resulting in multiplicity of reliefs.

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Ms. Paushali Banerjee, learned Counsel prays that she may be permitted to withdraw the present Original Application with liberty to file the fresh Original Application.

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The Original Application No.27/2024/EZ is accordingly dismissed with the aforesaid liberty.

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14. There shall be no order as to costs.

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..................................... B. Amit Sthalekar, JM ….......................................... Dr. Arun Kumar Verma, EM February 08, 2024, Original Application No.27/2024/EZ AK

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Centre for Environment Protection v. State of Mizoram

Case brief

What is this about?

What did the court decide?

Centre for Environment Protection v. State of Mizoram

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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