Allowed

Jot Singh Bist vs

NGT30 May 2025IA No. 216/2025 in Original Application No. 44/2024

Case brief

AI extract

What is this about?

The National Green Tribunal allowed an interim application by Rail Vikas Nigam Limited and Megha Engineering Limited seeking permission to reuse excavated muck dumped at Chopra Gadera, village Jawadi, which was previously sealed by the District Magistrate. The Tribunal held that the sealing order could be set aside upon deposit of the imposed penalty. The judgment mandates the deposit of Rs. 2.03 crore as penalty under state mineral rules, immediate desecaling of the site, reuse of muck per the approved Environment Management Plan, and liability for restoration of the affected forest land.

What did the court decide?

Permission granted to District Magistrate to lift sealing on muck site and road allowing reuse of muck and relocation of excess muck, conditional on deposit of penalty of Rs. 2.03 crore and execution of restoration plan.

Jot Singh Bist vs — Environment and Pollution | NGT (2025)

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Item No. 08

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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. 44/2024 (I.A. No.460/2024, I.A. No.216/2025)

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Jot Singh Bist Applicant

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Versus

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MoEF & CC & Ors. Respondents

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Date of hearing: 30.05.2025

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: None for the Applicant.

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Respondents: Mr. Somesh Chandra Jha and Ms. Saumya, Advocates for Respondent no. 1. Mr. Mukesh Verma and Ms. Vatsala Tripathi, Advocates for Respondent no. 2 (through VC). Ms. Anjali Rajput, Advocate for Respondent no. 3.

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Ms. Ananya Thapliyal, Advocate for Respondent no. 4. Mr. Ninad Laud, Mr. Varun Chugh, Ms. Katahiamang Panmei, Mr. Kunal Gupta and Ms. Ishanishekhar, Advocates for Respondent no. 5.

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ORDER

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The applicant-Mr. Jot Singh Bist, Adhyaksh, Gram Vikas Samiti

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Utyasu (Jawadi) Bhardar, District Rudraprayag, State of Uttarakhand has sent to this Tribunal a letter petition dated 10.08.2023 which has been treated and registered as Original Application No. 44/2024 for exercise of suo-moto jurisdiction under Sections 14 and 15 of National Green Tribunal Act, 2010.

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The applicant has raised grievances about dumping of muck by Rail Vikas Nigam Limited (RVNL) on a Chopra Gadera without obtaining

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O.A. No. 44/2024 Jot Singh Bist Vs. MoEF & CC & Ors.

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statutory permissions/NOC/Clearance from the concerned authorities and thereby damaging environment.

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Vide order dated 07.03.2024, this Tribunal constituted a Joint Committee comprising District Magistrate, Rudraprayag, State Pollution Control Board and representative of Regional Officer, Ministry of Environment, Forest and Climate Change, Dehradun with direction to visit the site, collect relevant information and submit a factual report within two months and to serve a copy of its report to RVNL to enable it to file its objections before this Tribunal in case the Joint Committee found any violation on the part of RVNL.

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In compliance thereof, report of the Joint Committee was filed by the District Magistrate, Rudraprayag vide email dated 13.05.2024. English Translation of the relevant part of the report of the Joint Committee containing its observations reads as under:-

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“Based on the investigation done by the committee and the data given by the Forest Department, Geology and Mining Department, Revenue Department, the following facts were observed –

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1. Muck/debris has been illegally dumped by Rail Vikas Nigam Ltd. without permission on the land comprising of total area of 2.410 hectare out of which Central area is 1.310 hectare categorically divided into Khatauni account number-41/251 of village Jawadi, Category-9(3) E (cultivable barren land) 0.158 hectare area of Khasra number-5361, 1.308 hectare area of Khasra number-5362, 0.717 hectare area of Khasra number - 5364, 0.277 hectare area of Khasra number-5446.

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2. Among the above Khasras, Khasra No. 5363 Rauli is in its previous form and there has been no damage to the private land due to dumping of debris.

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3. The trunks of 05 trees are buried due to debris dumping at the said place and the branches of the said trees are green, due to which there is no damage to the said trees.

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4. The use of minerals from the dumping yard by the Rail Vikas Nigam without obtaining permission and without paying

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O.A. No. 44/2024 Jot Singh Bist Vs. MoEF & CC & Ors.

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revenue/royalty and other taxes is a violation of the relevant provisions of the above rules.

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5. Earlier, on-site inspection was conducted by Forest Department personnel and after inspection, debris disposal was found on additional 0.4589 hectares of civil forest area in addition to the proposed/selected 0.8511 hectares of civil forest land in the case.

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6. In lieu of which, Southern Jakholi Range has registered a criminal case number 40/2022-23 dated 23.02.2023 against the concerned proponent department, taking action under the Indian Forest Act-1927, and recovered an amount of Rs 4,61,291.00 (four lakh sixty one thousand two hundred ninety one rupees only) from the said loss and deposited in forest revenue.

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7. Railway Vikas Nigam Limited and the executing agency Megha Engineering did not take permission for the dumping site to dispose of the dust generated during the construction work and under the Construction and Demolition Waste Management Rules-2022, authorization from the State Pollution Control Board and Water/Air Consent has not been obtained.

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8. The proposal for reversion of forest land is currently under consideration and it has been found that work is being done on the site (forest land) even before getting in-principle approval for the said proposal, which is a violation of the provisions of the Forest (Conservation) Act, 1980. Is. Therefore, further action will be taken in the case as per rules under the Forest (Conservation and Promotion) Act, 1980.”

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Vide order dated 17.05.2024 Ministry of Environment, Forest and Climate Change, Uttarakhand Pollution Control Board, District Magistrate, Rudraprayag, Rail Vikas Nigam Limited and Megha Engineering Limited were impleaded as respondents no. 1 to 5. Pursuant to service of notice, replies/responses/reports have been filed by the respondents which has been placed on record.

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Respondent no. 4-RVNL has filed I.A. no. 216 of 2025 with the prayer for issuance of appropriate directions to the District Magistrate, Rudraprayag to permit reuse of the excavated muck from the dumping site and allow access to the road leading to the dumping at Chopra Gadera in Village Jawadi, which were sealed by him vide communication dated

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O.A. No. 44/2024 Jot Singh Bist Vs. MoEF & CC & Ors.

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11.07.2024, for construction related activities and also to relocate the excess muck from the said site.

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In the above said I.A., respondent no. 4 has submitted that the District Magistrate vide communication dated 11.07.2024 addressed to Chief Project Manager, Rail Vikas Nigam Ltd. Rishikesh sealed the muck dumping site at Chopra Gadera at village Jawadi, Rudraprayag as well as the road leading to the said site and not to touch the dumping site till further orders and also to keep the constructed approach road as it is. Respondent no. 4 has sought directions as mentioned above on the grounds that the excavated muck generated during the ongoing construction activities is integral to the progress and completion of the said project since this muck, is intended to be utilized for construction-related purposes which has now become inaccessible due to the sealing carried out pursuant to communication dated 11.07.2024. Respondent no.4 has further submitted that as per the Environment Impact Assessment Report (EIA Report) of the prestigious railway line project of RishikeshKarnaprayag - all the mitigating measures which are prerequisite for the better disposal of the muck (including reusing of the muck as part of such mitigation measures) were being executed by Respondent No. 4 along with Respondent No.5. The muck in question has to be utilized to facilitate the clearance of the Gadera, thereby serving a dual purpose as the same will not only expedite the project's execution but also eliminate the need for procuring additional muck and will lower the environmental cost and prevent resource wastage. This will also obviate any adverse environmental consequences owing to the impending monsoons and by removing the muck the area would be restored for natural growth of plants. Respondent no.4 has further submitted that it will take approximately 5-6 months period for the muck to be shifted from the area in question and after

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O.A. No. 44/2024 Jot Singh Bist Vs. MoEF & CC & Ors.

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shifting of the muck further 5-6 months period for reclamation of the area in question.

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Replies to I.A. No. 216 of 2025 has been filed by respondent no. 1- MoEF&CC and respondent no. 3- District Magistrate, Rudraprayag.

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In its reply to I.A. No. 216 of 2025 respondent no. 1- MoEF&CC has submitted that the excavated muck has been sealed by the state authorities and land being the subject matter of the State Government, the State Government is competent to take decision whether the excavated muck may be reused and relocated from the said site or not as per the existing rules, regulations and guidelines. Respondent no. 1- MoEF&CC has further submitted that respondent no. 4 has dumped the muck in the forest land at Chopra Gadera of village Jawadi, District Rudraprayag without taking prior approval of the Central Government and has thereby violated the provisions of Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 and the matter has been reported for taking appropriate action for the violation.

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The relevant part of reply dated 03.05.2025 to I.A. No. 216 of 2025 filed by respondent no 3- District Magistrate, Rudraprayag reads as under:-

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“4. That in response to paragraphs numbered 1 to 4 of the interim application, it is respectfully submitted as follows:

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a. That vide order dated 07.03.2024, Hon'ble Tribunal constituted a joint committee comprising of District Magistrate, Rudraprayag. Uttarakhand Pollution Control Board and Regional Office Ministry of Forest and Climate change, Dehradun.

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b. That, there after District Mines Officer, Department of Geology & Mining, Rudraprayag issued show cause notice vide letter no 103/Bhu.Khani.vi./Ru./Dumpin.jaanch/2024-2025 dated

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11.07.2024 to Respondent no-4 for unauthorized dumping of 60,721.71 cubic meters (97,124.34 tons) of minor-

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O.A. No. 44/2024 Jot Singh Bist Vs. MoEF & CC & Ors.

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mineral/muck/stone in village Chopda Gadera, Jawadi, and that the Respondent no - 04 and Respondent no-05 were directed to maintain the status quo of the dumping site and further refrain from destroying it. That the copy of Letter no- 103 dated 11.07.2024 is annexed herewith as Annexure B.

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5. That, in response to paragraphs numbered 06 to 11 of the interim application, it is respectfully submitted as follows:

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a. It is submitted that vide the present application Respondent no. 4 has sought permission for the re-use of the excavated material which has been dumped and seized at Chopra Gadera in Village Jawadi for ongoing construction actives of the project and for de-sealing of the road that approaches the site in question.

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b. That the District Mine officer, Geology & Mining department, Rudraprayag vide notice no 18/Bhu.Kha.Ni.Vi/Ru/Dumpin.jaanch/2025-26 dated 11.04.2025 imposed penalty on Respondent no. 4 for dumping muck and storing 97124.34 tones of sub-mineral / muck etc in Chopra Gadera, Village Jawadi, Rudraprayag without requisite permissions.

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c. That, as per the provisions of sub-rule (5) (a) of Rule-14 of the Uttarakhand Mineral (Prevention of Illegal Mining Transportation and Storage) Rules 2021, as amended by the notification dated 18 September, 2024 an amount of Rs. 2,03,96,111.00 (Rupees two crore three lakh ninety-six thousand one hundred eleven only) was imposed as penalty on the total unauthorized stored sub-mineral/muck of 97124.34 tones (97124.34 X 70 X 3 Rs. 2,03,96,111.00) That the copy of Uttarakhand Mineral (Prevention of Illegal Mining Transportation and Storage) Rules, 2021 is annexed herewith as Annexure C.

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d. That in the said notice, instructions were given to deposit the penalty amount to the prescribed account head 0853001070106 and provide a copy of the e-challan within 01 week of receipt of the notice. The records related to depositing the imposed amount of Rs. 2,03,96,111.00 (Rupees two crore three lakh ninety-six thousand one hundred eleven only) in the prescribed account head by Respondent no. 4 or Respondent no. 5 have not been made available to the District Mines Officer, Rudraprayag. That the copy of the notice no 18/Bhu.Kha.Ni.Vi/Ru/Dumpin.jaanch/2025-26 dated 11.04.2025 and the response by Respondent no. 4 is annexed herewith as Annexure D.

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6. It is humbly submitted that the answering respondent has no objection if this Hon'ble Tribunal allows the interim application filed by Respondent no. 4 seeking directions to reuse previously sealed minormineral/muck/stone in village Jawadi (Chopra Gadera) as per rules and if penalty imposed upon respondent no 4 is deposited. It is also humbly requested that the Respondent No. 4 and 5 to be kindly

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O.A. No. 44/2024 Jot Singh Bist Vs. MoEF & CC & Ors.

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directed to deposit the challan amount as per rules, 2021 (amended September, 2024).”

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Reply to I.A. No. 216 of 2025 has not been filed by respondent no. 2 despite opportunity having being granted.

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Respondent no. 5 has not opposed I.A. No. 216 of 2025 and has submitted in its additional reply filed to the original application that approved Environment Management Plan is already in place. Clause 9.5 and table 9.2 of Environment Management Plan for the muck disposal management contemplate management measures for each dumping site. Respondent no.5 could not implement the approved Environment Management Plan in its entirety since the sealing orders dated 11.07.2024 came to be passed and if I.A. No. 216 of 2025 is allowed it will facilitate implementation of the Environment Management Plan. In its reply respondent no.5 has also undertaken to plant trees at the subject muck dumping site, over and above that contemplated in the approved EMP.

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None has appeared for the original applicant in the course of hearing earlier and none has appeared for the applicant even today.

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We have heard learned counsels for applicant-respondents no. 4 and learned counsels for respondents no. 1, 2, 3 and 5 and we have through the material on record carefully.

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It may be observed at the very outset and at the cost of repetition that in the concluding part of its reply to I.A. No. 216 of 2025, respondent no. 3- District Magistrate, Rudraprayag has submitted that respondent no. 3- District Magistrate, Rudraprayag has no objection if this Tribunal allows the interim application filed by Respondent no. 4 seeking directions to reuse previously sealed minor-mineral/muck/stone in village Jawadi

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O.A. No. 44/2024 Jot Singh Bist Vs. MoEF & CC & Ors.

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(Chopra Gadera) as per rules and if penalty imposed upon respondent no 4 is deposited and prayed that Respondents No. 4 and 5 may be directed to deposit the challan amount as per the Uttarakhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2021 (as amended vide notification dated 18.09.2024).

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Learned Counsels for respondents no. 4 and 5 have submitted that respondents no. 4 and 5 are ready to pay the penalty amount of Rs. 2,03,96,111/- and will deposit the same by taking the requisite steps as per the Uttarakhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2021 (as amended vide notification dated 18.09.2024) including filing of relevant challans.

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In view of the above, I.A. No. 216 of 2025 is allowed and directions are issued to respondent no. 3-District Magistrate, Rudraprayag to permit reuse of the excavated muck and to allow access to the road leading to the dumping of muck at Chopra Gadera of village Jawadi, which were sealed by him vide communication dated 11.07.2024 and to allow respondents no. 4 and 5 to re-use the muck for construction related activities and to relocate the excess muck from the said site subject to the following terms and conditions:-

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(i) that respondents no. 4 and 5 shall deposit the penalty amount of Rs. 2,03,96,111/- by taking the requisite steps as per the Uttarakhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2021 (as amended vide notification dated 18.09.2024) including filing of relevant challans;

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O.A. No. 44/2024 Jot Singh Bist Vs. MoEF & CC & Ors.

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(ii) That the de-sealing of the excavated muck dumping site and the road in question shall be effected immediately on deposit of the amount of penalty by respondents no. 4 and 5;

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(iii) that respondents no. 4 and 5 shall reuse the excavated muck and relocate the excess muck as per approved Environment Management Plan and environmental norms;

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(iv) that such relocation of the excess muck shall be to site duly approved by the competent authorities and the competent authorities shall ensure that excess muck is not relocated and dumped at some other place in violation of the environmental laws/norms;

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(v) that respondents no. 4 and 5 shall, in consultation with respondents no. 1 to 3 and such Committee of Experts as may be constituted by respondent no. 1, prepare and execute action plan for restoration/rejuvenation of Chopra Gadera of village Jawadi and remediation of the environmental damage caused;

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(vi) that the amount of penalty amount of Rs. 2,03,96,111/- deposited may not be treated as revenue generated and may be utilized for restoration/rejuvenation of Chopra Gadera of village Jawadi and remediation of the environmental damage caused;

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(vii) that the cost of restoration/rejuvenation of Chopra Gadera of village Jawadi and remediation of the environmental damage caused may be assessed by the Committee of Experts constituted by respondent no. 1 expeditiously preferably within three months; and

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(viii) that respondents no. 4 and 5 shall also be liable to pay the costs so assessed by the Committee of Experts for restoration/rejuvenation

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O.A. No. 44/2024 Jot Singh Bist Vs. MoEF & CC & Ors.

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of Chopra Gadera of village Jawadi and remediation of the environmental damage caused.

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List on 11.07.2025, the date already fixed, for further consideration.

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A copy of this order may be sent to the District Magistrate, Rudraprayag by email for requisite compliance.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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May 30, 2025 AB

Jot Singh Bist vs

Case brief

What is this about?

What did the court decide?

Jot Singh Bist vs

Case brief

What is this about?

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