Disposed

News Item Titled " Kausambi Mei Ngt Ke Niyamo Ko Undekha Kar Ho Raha Avaidh Khanan Baalu Mafiyoo Ne Yamuna Nadi Ki Dhaara Mai Bana Diya Raasta" Appearing in Circle Samachar Dated 13.02.2024 vs

NGT8 Jul 2024Original Application No. 275/2024

Case brief

AI extract

What is this about?

The Tribunal examined allegations of illegal sand mining based on a Joint Committee report. Finding violations by several mining operators, the Court directed the UPPCB to take action against violators after following natural justice principles and filed a time-bound report.

What did the court decide?

Direct UPPCB to take action against violators following natural justice and file an action taken report within three months.

News Item Titled " Kausambi Mei Ngt Ke Niyamo Ko… — Mining and Natural Resources | NGT (2024)

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Item No. 17

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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. 275/2024

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News item titled "dkS'kkEch es a NGT ds fu;eks a dks vuns[kk dj gks jgk voS/k [kuu] ckyw ekfQ;kvks a us ;equk unh dh /kkjk es cuk fn;k jkLrk a " appearing in Circle Samachar dated 13.02.2024

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Date of hearing: 08.07.2024

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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. Amit Shukla, Adv. for UPPCB

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Mr. Mukesh Verma, Adv. for Mining Department, State of UP (Through VC)

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ORDER

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In this original application, registered suo-moto , the Tribunal is examining the allegation of illegal sand mining at Simri Ghat in Pipri Police Station area of Kaushambi District of Uttar Pradesh. The Tribunal by order dated 01.04.2024 had impleaded the concerned respondents and had also formed a two member joint Committee with the direction to the Committee to carry out spot inspection, ascertain the truthfulness of the allegation and status of illegal mining within District Kaushambi and submit the report.

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Report dated 01.07.2024 has been submitted by the joint Committee noting following violations:-

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i. During the visit, no sand mining activities was observed on the ground at Simri Ghat. The alleged Simri Ghat site is within jurisdiction of Prayagraj mining District, not in Kaushambi mining

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jurisdiction. Simri Ghat area is in the distributary (lagoon created by bifurcation of main Yamuna River stream due to summer condition) of river Yamuna not on the main stream. However, a temporary pathway and a weigh bridge with camera was found at the said site.

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ii. M/s Ravi Shankar Shukla, Bhillore Village Mining site, Prayagraj with Khand Sankhya no. 03, the mining was operational till 06.05.2024 and Environmental Clearance (EC) application is under process for approval. The mining operated till 06.50.2024 without EC appraisal is a violation under EPA Act, 1986.

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iii. M/s Arshal Siddqui, Kattaiya, Kaushambi with Khand Sankhy no. 10/10 to 10/13 was found operational without valid CTO during visit 27-28^th May, 2014.

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iv. M/s Maa Vaishno Traders, Chayal, Kaushambi are irregular in submitting six-monthly compliance report to the MoEF&CC. Regional Office, Lucknow, which is a non-compliance of EIA Notification, 2006.

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v. No significant plantation equivalent to 20% of the total leased area was observed on 07 mining sites inspected by the Joint Committee.

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vi. The expenditure on Corporate Social Responsibility Environmental Protection measures and compliances of commitment made during public hearing have not been disclosed by Project authorities of all the inspected Mining area to MoEF&CC, Regional Office, Lucknow along with six monthly compliances.

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vii. The mining of sand/morum material is carried out in violation of “Sustainable Sand Mining Management Guidelines, 2016” and Enforcement and Monitoring Guidelines for Sand Mining, 2020.

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After receipt of the aforesaid report, no response has been filed by the UPPCB. If there is violation of environmental norms by any of the Project Proponent, then UPPCB is required to take action, levy and recover environmental compensation by duly following the principles of ‘Natural Justice’ and giving opportunity of hearing to the violator against whom the action is proposed.

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Hence, we dispose of this OA directing the UPPCB to take action against the violators after ascertaining the extent of violation and following the principles of ‘Natural Justice’ by duly taking into account the facts which are disclosed in the Joint Committee Report. Let this exercise be completed by the UPPCB within a period of three months from today and an action taken report be filed by the Member Secretary, UPPCB by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF immediately on completion of three months period before the Registrar General of the Tribunal and if found necessary, the matter may be listed before the Tribunal for consideration.

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Original Application 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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July 08, 2024 Original Application No. 275/2024 SN

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News Item Titled " Kausambi Mei Ngt Ke Niyamo Ko Undekha Kar Ho Raha Avaidh Khanan Baalu Mafiyoo Ne Yamuna Nadi Ki Dhaara Mai Bana Diya Raasta" Appearing in Circle Samachar Dated 13.02.2024 vs

Case brief

What is this about?

What did the court decide?

News Item Titled " Kausambi Mei Ngt Ke Niyamo Ko Undekha Kar Ho Raha Avaidh Khanan Baalu Mafiyoo Ne Yamuna Nadi Ki Dhaara Mai Bana Diya Raasta" Appearing in Circle Samachar Dated 13.02.2024 vs

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