Dismissed

Aravalli Bachao Citizens Movement v. Union of India

NGT6 Aug 2024Original Application No. 362/2022

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an original application regarding illegal stone and sand mining in the Aravalli Hills. Noting that the matter is pending before the Supreme Court and that parallel proceedings would not serve a useful purpose, the Tribunal declined to pass any order and allowed applicants to approach the Supreme Court.

What did the court decide?

Application disposed of; parties granted liberty to approach the Supreme Court for redressal.

Aravalli Bachao Citizens Movement vs Union of India — Environment and Pollution | NGT (2024)

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Item No.06

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No.362/2022

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Aravalli Bachao Citizens Movement Applicant

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Versus

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Union of India Respondent

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Date of hearing: 06.08.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant(s): Mr. Rahul Chaudhary and Ms. Itisha Awasthi Advocates

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Respondent(s): Mr. Rahul Khurana, Advocate for respondent nos.1 to 6 with Mr. Dinesh Kumar, Sub Inspector and Mr. Anil Kumar, ASI, Enforcement and Mr. Daljeet Singh, ASI, Gurugram Mr. Vikrant Panchanda, Advocate for CPCB

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ORDER

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The applicant, a non-partisan group of citizens from National Capital Region and across India has filed the present application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010’ ) for issuing directions to respondents 2 to 6 to take steps to stop illegal stone and sand mining, undertake restoration activities, take strict action against defaulting officials and constitute an

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independent Aravalli Protection Authority for protection of the entire Aravalli range from further degradation.

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The applicant has submitted that Aravallis serve as a natural barrier between Thar Desert and Northern part of the country and thereby reducing chances of desertification. The green forest cover helps in regulating temperature and maintaining rainfall pattern in and around the Aravallis. Destruction of Aravallis will lead to decreased forest cover, increase in pollution level, temperature and climate events in North India including National Capital Region of Delhi. With the environmental degradation of Aravallis, the water security of Northern India will be threatened and there will be an increase in human-animal conflict. Supreme Court vide order dated 08.05.2009 passed in I .A No. 1967 in I.A No. 1785 in Writ Petition (C) No. 4677 of 1985 titled as M.C. Mehta Vs. Union of India reported as (2009) 6 SCC 142 had prohibited all mining operations in Aravalli Hill Range falling in Faridabad, Gurugram and Nuh (Mewat) districts in the State of Haryana within the area of approximately 480 sq. kilometers.

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The applicant has further submitted that despite prohibition of mining in the area, illegal mining is taking place in the area. The members of applicant undertook field visits to illegal mining sites in the months of March-April, 2021, June-July, 2021 and November 2021 to March 2022. During the site visits, it was found that the illegal mining is happening on 16 locations in contravention of abovementioned judicial verdict and environmental laws. At many locations, substantial portions of hills have been mined and taken away and, in some instances, completely razed to the ground. The members of applicant took photographs and made videos of the ongoing illegal mining and destruction caused to Arvallis as a result thereof. Along with these, they have also taken GPS coordinates of the said

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locations. With the use of GIS technology, they have also prepared the Satellite images and toposheets of the areas where illegal mining is being done. The Satellite images and toposheets have also confirmed ongoing illegal mining. The applicant made complaints dated 15.04.2021, 20.4.2021 and 31.05.2021 about illegal mining at 4 locations. The applicant also sent representation dated 07.03.2022 regarding illegal mining at 11 locations. However, neither any response has been received from any authority nor any action has been taken to stop illegal mining till date.

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Tribunal took cognizance of the complaint on 23.05.2022 and being prima-facie satisfied that a substantial question relating to environment has arisen due to implementation of enactments specified in Schedule I to NGT Act, 2010, issued notices to respondents. It also sought a Factual Report by constituting a Joint Committee comprising representatives of Ministry of Environment, Forest and Climate Change (hereinafter referred to as ‘MoEF&CC’) ; Central Pollution Control Board (hereinafter referred to as ‘CPCB’ ); Haryana State Pollution Control Board (hereinafter referred to as ‘HSPCB’ ); Principal Chief Conservator of Forest (HoFF); Director, Mining & Geology; Director General of Police; and, Commissioner, Gurugram Division, Government of Haryana.

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Joint Committee submitted Report dated 07.10.2022 stating that it visited sites on 15.07.2022 and 06.08.2022, assessed the extent of illegal mining and consequential environmental degradation and loss to State exchequer at 16 locations pointed out by applicant in which more violations have been found. Status Report in respect of the said 16 locations is as under:

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SrN o	Location of Site	GPS Coordinates	Date of Site Visit	Applicable Prohibitory Orders	Whether Mining done before or after prohibiti on orders	Signs of Mining on the date of field visit	Quantum of mining	Cost to exchequer	Remarks
1.	Pandala Hilss near Gairatpur Bas Village (In front of Rathee Cafe)	28.332487, 76.984989	15.07.2 022	Order dated 16.12.202 2	After prohibit ion orders	No fresh signs found of the mining .	756 MT	45,300 (Royalty @ Rs.60/- per MT)	Illegal Mining in violation of Prohibitory order
2.	Pandala Hills nezar Gairtpur Bas Vilage (behind Rathee Café & Jungle Cafe)	28.404198, 77.173108	15.07.2 022	Order dated 16.12.200 2	After prohibit ion orders	Some tractor were noticed	864 MT	51,840 (Royalty @ Rs. 60/- per MT)	Illegal Mining in violation of Prohibitory order
3.	Aravalli area near Tikli Village (Ansal Retrteat area)	28.309623, 77.000607	15.07.2 022	Order dated 16.12.200 2	After prohibit ion orders	Some tractor were noticed	289MT	28,900 (Royalty @ Rs. 100/- per MT)	Illegal Mining in violation of Prohibitory order
4.	Aravalli near Jalalpur Sohna Village close to ITC Grand Bharat hotel (location 1 & 2 in the same area)	28.297888, 77.00233 28.3000366 , 77.002921	Order dated 16.12.2 002	Order dated 16.12.200 2	Before and After prohibit ion orders	Signs of excava tion with machin ery and tractor tracks were noticed	871MT	43,550(R oyalty @ Rs. 50/- per MT)	Illegal Mining in violation of Prohibitory order
5.	Aravalli near Kota Khandewal a Village near Manesar Police Lines Xomplwz	28.326132, 76.973253	15.07.2 022	No prohibitor y orders as is applicabl e on extractio n of clay.	Stone mining lease was operati onal in village Kota Khande wala in period before prohibit ory order dated	Yes	1980 MT	69,30 (Royalty @ Rs. 3.50/- per MT)	Extraction of ordinary clay without require necessary permission (STP) from the Mining Departmen t.

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16.12.2
002
Extracti
on of
ordinar
y clay
without
require
necessa
ry
permiss
ion
(STP)
from
the
Mining
Depart
ment
6. Sand 28.33309 15.07.2 no No No ... … A STP
mining 76.974744 022 prohibitor illegal granted
location 1 y orders Mining vide permit
near as No.3844 dt.
Manesar mention 01.02.2022
Police Lines in para is to
Complex applicabl 15.03.2022
e in Private
Land of
Village Bar
Gujjar
Tehsil
Manesar,
GGN after
deposed of
the royalty
of
Rs.29150/-
7. Sand 28.326116 15.07.2 No After There … … Ord. earth
mining 76.973234 022 prohibitor prohibit were has been
location 2 y orders ion signs extracted
near as orders of without
Manesar mention lifting necessary
Police Lines in para 5 of permisison
Complex is sand/e (STP) from
aplicable arth the Mining
Departmen
t
8. Sand 28.350935, 15.07.2 No No … … A STP was
Mining 76.994209 022 illegal granted
location-3 mining vide permit
ahead of was no.3957 dt.
Manesar found 17.03.2022
Police Lines to
Complex on 15.04.2022
the same in Private
side of the Land of
Tauru road village Bar
Gujjar
Tehsil
Manesar,
GGN after
deposed of
the royalty
of Rs.
15765/-

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9.	Aravalli hills ear Tauru Police Station Tauru block	28.218806, 76.995616	06.08.2 02	Order dated 16.12.200 2	After prohibit ion orders	No	1017M T	Rs.50,85 0/- (royalty @ Rs.50/- per MT)	Illegal mining in violation of prohibitory order
10.	Aravalli hills near Bissar Akbarpur Vill. Tauru block	28.303038, 76.912626	06.08.2 022	No prohibitor y orders as mention in para 5 is applicabl e	Stone mining lease was operati onal in village Bissar Akbarp ur in period before prohibit ory orders dated 16.12.2 002 extracti on of ordinar y clay without require necessa ry permiss ion (STP) from the Mining Depart ment	...	15750 MT (Ord. Earth)	55,125 Royalty @ Rs.3.50/-	Extraction of ordinary clay without require necessary permission (STP) from the Mining Departmen t
11.	Aravalli hills near Palla Village in Nuh Block a) illegal stone mining location	28.119195, 76.990408	06.08.2 022	Order dated 16.12.200 2	Before and after prohibit ion orders Mining lease was operati onal village Palla in period before prohibit ory order	Yes	3618 MT (Stone)	1,80,900 /- royalty @ Rs. 50/- per MT	Illegal mining in violation of prohibitory order
11. (b)	(b) illegal sand mining location	28.119815, 76.978168	06.08.2 022	No prohibitor y orders as mention in para 5	Exttract ion of ordinar y caly without require necessa	Yes	13500 MT (Ord. earth)	31,500 royalty @ Rs. 3.50/- per MT	Ord. Earth has been extracted without necessary permission (STP) from

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				is applicable	ry permiss ion (STP) from the Mining Depart ment				the Mining Departmen t
12.	Aravalli hills near Meoli village in Nuh block	28.05214, 76.9608	06.08.2 022	Order dated 16.12.200 2	After prohibit ion orders	No	63 MT	3155/- royalty @ Rs.50/- per MT	Sand/ ord. Earth has been lifted without necessary permission (STP) from the Mining Departmen t. It is case of extension of field. Filed has been extended by removal of ord. Clay/malba
13.	Aravalli hills near Hirwari Banatheri village in Ferozepur Jhirka block	27.774321, 77.013061	06.08.2 022	Order dated 16.12.200 2	Before and after prohibit ion orders	No	3240 MT stone.	162500/- royalty @ Rs. 50/- per MT	Illegal Mining in violation of Prohibitory order
14.	Aravalli hills near Bhagola village in Ferozepur Jhirka block	27.7733, 77.012508	06.08.2 022	Order dated 16.12.200 2	Before and after prohibit ion orders	No	100 m3 stone	Rs.5000/ - (royalty @ Rs. 50/- per MT)	Illegal Mining in violation of prohibitory order
15.	Aravalli near Bharadwaj lake area	28.447075, 77.2500638 9`06.08.202 2	Order dated 06.05.2 002	The Area was undue mining leae since 16.01.198 4 to 06.05.200 2	The Area was undue mining lease since 16.01.1 984 to 06.05.2 002 period before prohibit ory orders Currentl y there is no mining activity in the area.	No	...	Nil	No illegal mining in violatio of prohibitory order

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Aravalli 28.32493, 06.08.2 Order This No ... Nil Mining
near Kot 77.1741527 022 dated area lease was
village in 8 08.05.200 was operational
Dhauj area 9 undue in this area
mining between
lease 06.02.2002
undue to
06.02.2 05.02.2009
002 to .
05.02.2
009
period
before
prohibit
ory
order
Currentl
y there
is no
mining
activity
in the
area.

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6. Further observations of the Committee are as under:

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“The Committee’s observation is that as per the list provided by the applicant there are instances mining activity despite prohibition orders against any mining related activity as directed by Hon’ble Supreme Court. The Committee has also observed that at some sites trenches were formed due to excavating the materials and at some sites shaving of bushes and plantation was also noticed. However, the magnitude of environment loss for such degradation could not be assessed due to non-existence of standard formulae or practice .

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The drone images of all sites visited are placed at Annexure 1 for reference. The images display the extent of excavation done at the site. Satellite images of the sites at different points in time as accessed from Google Earth are placed at Annexure-II for reference. These images display the progression/extent of mining activities at these sites with time.

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Mining, forest and police departments have submitted that they have been vigilant and have taken appropriate action against the violators as per the rules. The action taken report of mining department on the 16 locations is placed at Annexure-III . At two locations permit for lifting ordinary earth has been issued by the concerned authority. At 4 locations, ordinary earth has been lifted without necessary permission from the concerned authority. The action taken report of police department on the aforesaid location is placed at

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Annexure-IV. The action taken report of Forest department is placed at Annexure-V”

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Thereafter, various orders were passed by Tribunal for preventing illegal mining in Aravalli Hill Area and for taking effective steps for protection of Aravalli Range from such illegal activities. Various Reports have also come on record showing steps taken by the authorities concerned including State of Haryana who has also constituted a body i.e., “Aravalli Rejuvenation Board” for taking care of restoration of damaged environment in Aravalli Range.

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We are informed that issue of protection of Aravalli Range and damage caused due to illegal mining is also pending before Supreme Court in Writ Petition No.4677 of 1985, M.C. Mehta vs. Union of India and Ors. Therein initially, vide order dated 08.05.2009, reported in (2009) 6 SCC 142, Supreme Court suspended all mining operations in Aravalli Hill Range falling in State of Haryana within area of approximately 448 sq. Kms. in District of Faridabad and Gurugram including Mewat till the Reclamation Plan, duly certified by State of Haryana and MoEF&CC, is prepared in accordance with the Statutory Provisions contained in various enactments enumerated in judgment as also the rules framed thereunder and guidelines. Operative part of the order as contained in paras 50 to 51 reads as under:

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“50. None of the above provisions have been complied with. In the circumstance, by the present order, we hereby suspend all mining operations in the Aravalli hill range falling in the State of Haryana within the area of approximately 448 sq km in the districts of Faridabad and Gurgaon, including Mewat till the reclamation plan duly certified by the State of Haryana, MoEF and CEC is prepared in accordance with the above statutory provisions contained in various enactments enumerated above as well as in terms of the rules framed thereunder and the guidelines. The said plan shall state what steps are needed to be taken to

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rehabilitate (including reclamation) followed by status reports on steps taken by the authorities pursuant to the said plan.

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51. The question still remains as to whether we should grant permission to the State of Haryana to excavate minor minerals from a localised area of 600 hectares out of 448 sq km (approx.) for purposes of excavating construction material which is needed for construction of houses, sports complexes and other buildings. In this connection, we may state that on this part the hearing will take place after the summer vacation.”

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Recently on 09.05.2024, Supreme Court passed an order constituting Joint Committee so as to have a uniform definition of “Aravalli Hill Range” and has also issued certain directions therein. Supreme Court order reads as under:

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“i. Direct the Union of India through the MoEFCC, State of Rajasthan, State of Haryana and GNCTD to file affidavits with details comments on the CEC Report No.3/2024 and also the issues identified hereinabove.

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ii. The States of Haryana and Rajasthan should specifically indicate what steps for compliance of 15 (fifteen) Judgments/Orders of this Court’s have been taken by the respective States.

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iii. The States of Haryana and Rajasthan should specifically state what action has been taken on the CAG/CEC Reports on illegal mining and whether prosecution under the relevant State Laws and Recovery Process has been undertaken.

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iv. The State of Rajasthan to specifically state the actions taken pursuant to the FSI Report dated 22.02.2018 where illegal mining polygons have been identified.

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v. The State of Rajasthan be directed to reply to the FSI Report submitted to this Court pursuant to Order dated 19.02.2010. The FSI Report dated 25.08.2010 and the CEC Report thereon dated 25.10.2010 were shared with the State of Rajasthan way back in 2010.

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vi. The States of Rajasthan and Haryana shall also state the extent and mapping of all boundaries of mining areas (mentioned in the mining leases) within the area of the State.”

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Since the issue of protection of Aravalli Hills Range from illegal mining has already attracted attention of Supreme Court and the matter is pending thereat, we do not find it appropriate that parallel proceedings should continue in this Tribunal for the reason that this Tribunal is not supposed to pass any order which may contradict the order of Supreme Court and when Supreme Court is already seized of the matter, no useful purpose would be served by keeping similar issue pending before this Tribunal.

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The parties including applicant have liberty to approach Supreme Court by seeking intervention or impleadment, as the case may be, for redressal of their grievance, if any.

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With the above liberty, we dispose of this Original Application.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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August 06, 2024 Original Application No.362/2022 M

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Aravalli Bachao Citizens Movement v. Union of India

Case brief

What is this about?

What did the court decide?

Aravalli Bachao Citizens Movement v. Union of India

Case brief

What is this about?

What did the court decide?

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