Disposed

Sampurna Nand v. Mo. Shah

NGT13 Aug 2024Original Application No. 472/2024

Case brief

AI extract

What is this about?

This application challenged mining validity based on a DEIAA environmental clearance dated 19.07.2016. The Tribunal relied on a prior judgment (Original Application No. 142/2022) and directed the Uttar Pradesh SEIAA to proceed with appraisal/re-appraisal of the project proponent within the prescribed time frame.

What did the court decide?

Directed SEIAA, U.P. to proceed with appraisal/re-appraisal in accordance with directions given in Original Application No. 142/2022.

Sampurna Nand vs Mo. Shah — Mining and Natural Resources | NGT (2024)

¶1

Item No.34

¶2

Court No. 2

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

Original Application No. 472/2024

¶5

Sampurna Nand Applicant

¶6

Versus

¶7

MO. Shah Respondent

¶8

Date of hearing: 13.08.2024

¶9

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

¶10

Applicant:	None
Respondents:	Ms. Deeksha L. Kakar and Mr. Rashnet Singh, Advocates for Respondent No. 1 Project Proponent
	Mr. Gi. Gi. C George, Advocate for Respondent No. 2 (through VC).
	Mr. Mukesh Verma and Ms. Vatsala Tripathi, Advocates for
	Respondent no. 3Director Mining (through VC).
	Mr. Pradeep Misra, Advocate for Respondent No. 4 (through VC).

¶11

ORDER

¶12

The only issue raised in this matter is regarding the validity of mining activities on the basis of environmental clearance dated 19.07.2016 granted by District Environment Impact Assessment Authority (hereinafter referred to as ‘ DEIAA ’), Mirzapur.

¶13

UPPCB has taken a stand that so long as appraisal is not made by

¶14

State Environment Impact Assessment Authority, U.P, the Project Proponent on the basis of EC granted by DEIAA on 13.09.2018 cannot be allowed to continue with mining activity.

¶15

This issue is already covered by judgement of this Tribunal in Original Application No.142/2022, Jayant Kumar v. Ministry of

¶16

¶17

Environment, Forest and Climate Change & Ors . This Tribunal in paras 142 and 143 has said as under:-

¶18

“142. Therefore, a reasonable view need to be taken in this matter. To meet the ends of justice and also to implement the environmental laws and applying the Precautionary Principle and Sustainable Development, we are of the view that mining leases continuing pursuant to ECs granted by DEIAAs upto 11.12.2018, must be appraised/re-appraised by concerned SEIAAs within three months from this judgment. Thereafter, if no decision is taken in favour of mining lease holders or no appraisal is made, the mining by lease holders who have been granted ECs by DEIAA shall not be allowed to operate . Further in all those cases where ECs have been granted by DEIAAs on and after 12.12.2018, such mining leases shall not be allowed to operate forthwith since such ECs are illegal. In such cases appraisal has to be made by concerned SEIAA and ECs are to be granted in accordance with the provisions of EIA 2006 as amended from time to time.

¶19

143. In order to avoid any doubt, we also make it clear that MoEF&CC would also make necessary rectifications/corrections in OMs already issued including OM dated 28.04.2023 so as to cover ECs granted by DEIAA from 15.01.2016 to 11.12.2018 instead of confining it to 13.09.2018 for appraisal/re-appraisal by SEIAA.”

¶20

In view thereof and in the light of judgement of this Tribunal in Jayant Kumar (Supra ) , we dispose of this application by directing SEIAA, U.P to proceed in the matter in the light of the directions given in Jayant Kumar (Supra ) in respect of Project Proponent i.e. respondent 1 and pass appropriate order in regard to appraisal/re-appraisal on the issue of prior EC of the proponent within the time as directed by Tribunal in Jayant

Kumar (Supra ).

Sudhir Agarwal, JM

Dr. Afroz Ahmad, EM

August 13, 2024 Original Application No. 472/2024 AB

¶25

Sampurna Nand v. Mo. Shah

Case brief

What is this about?

What did the court decide?

Sampurna Nand v. Mo. Shah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sanket Sahu vs State of Madhya Pradesh

Amit Kumar vs State of Rajasthan

Sohan Vir Singh vs Virender

Rajendra Sharma vs

Samarpal Singhgrewal and Other vs

Sunil Kumar Nigam vs

News Item Titled "Microplastic in West Bengal,S Digha and Odisha,S Puri Seawater at Alarming Levels" Appearing in the Times of India Dated 04.08.2024 vs

Ashish Sharma vs

Sohan Vir Singh vs Virender

Sohan Vir Singh vs Virender

Rajendra Sharma vs

Deepak Rai vs

Sampurna Nand vs J.A.M Marble and Mineral

Sampurna Nand vs Ashok Kumar Mishr