Disposed

News Item Published in Rashtriya Sahara Dated 29.10.2023 Titled "Police Ke Sanrakshan Mei Phal - Phul Rahe Hai Safed Baloo Ke Karobaree" vs

NGT8 Jul 2024Original Application No. 701/2023

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of a suo-moto application on illegal white sand mining based on a news report. Upon reviewing a joint committee report detailing violations like excess lease areas and unauthorized bore-wells, the Tribunal directed UPPCB to take protective action within three months.

What did the court decide?

Directed Member Secretary, UPPCB to ensure appropriate action within three months after ascertaining extent of violation after following principles of natural justice.

News Item Published in Rashtriya Sahara Dated… — Mining and Natural Resources | NGT (2024)

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Item No. 14

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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. 701/2023

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News Item published in Rashtriya Sahara dated 29.10.2023 titled "iqfyl ds lj{k.k es a Qy&Qwy jgs gS a lQsn ckyw ds dkjksckjh a "

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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. Pradeep Misra & Mr. Daleep Dhyani, Advs. for UPPCB (Through VC)

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ORDER

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This original application has been registered suo-moto on the basis of news item titled "iqfyl ds laj{k.k esa Qy&Qwy jgs gSa lQsn ckyw ds dkjksckjh ” dated 29.10.2023 published in Rashtriya Sahra.

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News item discloses large scale illegal white sand mining in the river bed of Saryu River and Ghaghra at Sikandarpur, District Balia, UP.

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News item states that sand mafia with the help of police by using lifter machines are loading the sand at night directly from the river in trucks and trailers and sending it at distant places.

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News item also states that some of the villagers had stopped the trucks loaded with white sand at Nagra turning and officials had also reached to the spot and found that truck was loaded with white sand and water was dipping out from the truck showing that sand was loaded directly from the river.

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News item states that every night sand is extracted by using lifter machines in hundreds of trucks, trailers and trolleys.

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Tribunal by taking suo-moto cognizance of the matter by order dated 21.11.2023 had impleaded officials respondents and had issued notice to them.

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District Magistrate, Balia has filed the report dated 30.12.2023 disclosing the names of the project proponents to whom sand mining lease was granted.

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Tribunal on 24.01.2024 after considering the report of the District Magistrate, Balia had constituted a two member joint committee with a direction to the committee to visit the site, ascertain the correct position and also find out the extent of illegal mining, if any, and the persons responsible for the same and submit action taken report before the Tribunal.

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Joint committee had submitted report on 22.03.2024 giving the lease-wise details as under:

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“2.1. During joint inspection of the area in question following observation has been made, which are depicted lease wise below:

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A. The Owner Shrimati Madhuri Singh, R/0- VillageMujauna, Post-Turtipar, Tehsil- Belthara Road, DistrictBallia -277303.

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I. Day of inspection mining works was found suspended due to heavy rain, which was occurred two days before the joint committee inspection,

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II. PP having valid EC from SEIAA-LIP and CTO from LIPPCB is attached as annexure: 2-1 and 2-2.

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III. As per pillar coordinate (verified by DMO) mentioned in the EC, denoted that the actual lease area is 8.1 ha against 5 ha mentioned in EC and other, which is almost 3.1 ha more than the allotted lease area. (Google image based on coordinate mentioned in EC is attached as 2-3)

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IV. All four boundary pillars are found intact and Mining occurred within the lease area by using poclain machine etc.

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V. Joint committee observed that the deposition of the sand in the lease area is found minimal due to no flooding in river Ghaghara in last two years,

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VI. Production as per formeMM11 from 1.10.2023 to 21.03.2024 shows that the total production 41281 m³ with 389 eMM11.Attached as Annexure 5.

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VII. PP having PTZ camera, near weigh bridge, which has been found working during inspection,

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VIII. PP has commissioned one bore-well near office/weight bridge area, which is found working without required permission,

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IX. PP does not have arrangement for water sprinkling system at mining site,

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X. PP have yet not developed green belt within the lease area,

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XI. PP have yet not made pakkamotorable road from weigh bridge to main road.

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XII. Photograph taken during joint committee inspection is attached as annexure: 2-4.

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B. Riverbed Ordinary Sand mine at Gata No.-593, VillageKhairaKhas, Tehsil-Belthara Road, District- Ballia, U.P. M/s Shiva Enterprises, District- Ballia - 277303.

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I. On day of inspection mining works was found partially working due to rain,

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II. All four boundary pillars are found intact and Mining occurred within the lease area by using poclain machine etc.

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III. PP having valid EC from SEIAA-UP and CTO from UPPCB, attached as annexure: 3-1 and 3-2.

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XIII. As per pillar coordinate (verified by DMO) mentioned in the EC, denoted that the actual lease area is 13.9 ha against 11.9 ha mentioned in EC and other, which is almost 2.0 ha more than the allotted lease area. (Google image based on coordinate mentioned in EC is attached as annexure 3-3)

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IV. It has been observed that the deposition of the sand in the lease area is found minimal due to no flooding in river Ghahara in last two years,

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V. Production as per form eMM11 from 1.10.2023 to 21.03,2024 shows that the total production 11558 m' with 800 eMM11.Attached as Annexure 5.

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VI. PP having PTZ camera has already installed near weigh bridge, which was found working during Joint committee inspection,

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VII. PP having one bore-well, which is found working without required permission,

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VIII. PP does not have arrangement for water sprinkling system at site,

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IX. PP have yet not developed green belt within the lease area,

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X. PP has been still using kaccha approach road towards weigh bridge and lease area to main road,

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XI. Photograph taken during joint committee inspection is attached as annexure: 3-4.

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C. Proposed Ordinary Sand Mining Project at Gata no. 03, Village — Naubarar 1881 Mo. Belsipah, Tehsil — Sadar & District — Ballia, U.P-277303 by M/s JPN Rai.

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I. Day of inspection mining works was found working since 5 Jan, 2024 onwards.

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II. All four boundary pillars are found intact and Mining occurred within the lease area by using poclain machine etc.

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III. PP having valid EC from SEIAA-UP and CTO from UPPCB, attached as annexure 4-1 and 4-2.

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IV. As per pillar coordinate (verified by DMO) mentioned in the EC, denoted that the actual lease area is 7.92 ha against 5 ha mentioned in EC and other, which is almost 2.92 ha more than the allotted lease area. (Google image based on coordinate mentioned in EC is attached as 4-3)

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V. Production as per form eMM11 from 1.10.2023 to 21.03.2024 shows that the total production 9071 m³ with 461 eMM11.Attached as Annexure 5.

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VI. PP having PTZ camera has already installed near weigh bridge, which was found working during inspection,

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VII. PP having one bore-well, which is found working without required permission,

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VIII. PP have developed small patch of green belt within lease area

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IX. PP has been still using kaccha approach road towards weight bridge and lease area to main road,

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X. PP does not have arrangement for water sprinkling system a site,

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XI. Photograph taken during joint committee inspection is attached as annexure4-4.

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3.0 0ther Observation:

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As per information provided by Ming Department, Ballia, Ilegal mining issues were noticed by the Mining Department, Ballia during 2023, in which first information report (FIR) has also been filed on dated 24.5.2023, in which four tractor trollies has also been sized. Copy of the FIR is attached as Annexure 6.

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4.0 Recommendation:

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Based on the above observation joint committee recommendation are as follows:

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District administration should re-examine the boundary pillar coordinate of all three lease, based on revised coordinate EC should be amended and to curtail the revenue loss of the state,

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It is required to construct pakka/motorable haul road from lease/weight bridge to main road on priority basis to minimize the air pollution etc,

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UPPCB/ Ground water Department (Ministry of Jal Shakti, Government of U.P.) to take suitable action for use for unauthorised bore-well by all three lease holder.”

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Tribunal considering the violations disclosed by lease holders in the joint committee report by order dated 02.04.2024 had impleaded lease holders as respondent nos.4 to 6 and had issued notice to them for filing their response/objections to the report.

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Responses have been filed by respondent nos. 4 to 6 on 02.07.2024 taking the stand that they are sprinkling the water by using tractor, water tank and they have not dug any illegal borewell in the sanctioned lease area. There is no response by said lease holders in respect of other finding recorded by joint committee.

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Joint committee in the report filed on 22.03.2024 has found the lease area to be more than the allotted area and also found working borewell without permission and other irregularities have also been noticed by joint committee. Hence, extent of their violation is required to be ascertained and action is required to be ensured by UPPCB.

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Member Secretary, UPPCB is directed to ensure appropriate action in accordance with law against the project proponent after ascertaining extent of violation of norms and after duly following the Principles of Nature Justice within a period of three months from today and submit action taken report before the Registrant General of this Tribunal. If found necessary the matter will be listed for consideration before the Bench.

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OA 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.701/2023 SN

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News Item Published in Rashtriya Sahara Dated 29.10.2023 Titled "Police Ke Sanrakshan Mei Phal - Phul Rahe Hai Safed Baloo Ke Karobaree" vs

Case brief

What is this about?

What did the court decide?

News Item Published in Rashtriya Sahara Dated 29.10.2023 Titled "Police Ke Sanrakshan Mei Phal - Phul Rahe Hai Safed Baloo Ke Karobaree" vs

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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