Partly allowed

Jitendra Nishad vs

NGT12 Nov 2025IA No. 611/2024 in Original Application No. 974/2024

Case brief

AI extract

What is this about?

The National Green Tribunal modified an interim stay order on sand mining. It directed authorities to inspect sites and verify compliance within 15 days. Mining may resume for compliant respondents after report submission. Applications seeking vacation of the stay were allowed subject to further compliance verification.

What did the court decide?

IA Nos. 609/2024, 611/2024, 613/2024 allowed; interim stay order modified; inspection report directed within 15 days.

Jitendra Nishad vs — Environment and Pollution | NGT (2025)

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Court No. 2

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Item Nos.06 & 07

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 974/2024

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( I.A No. 609/2024, I.A No. 611/2024, I.A No. 613/2024 )

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Jitendra Nishad Applicant

Versus

State of U.P. & Ors.

Respondents

WITH

Original Application No. 557/2024

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News Item titled "Prayagraj Yamuna mei jalstar ghatne ke saath bana payjal sankat Naini kee taraf aniyantrit Khanan par bhi niyantran kee taiyari" appearing in Amar Ujala dated 13.04.2024

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Date of hearing: 12.11.2025

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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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Original Application No. 974/2024:

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Applicant: None for the Applicant.

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Respondents: Ms. Priyanka Swami, Advocate for respondents no. 1, 2 and 7.

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Mr. Amit Shukla and Mr. Deva Shukla, Advocates for respondent no. 3. Ms. Suhasini Sen and Ms. Masooma Rizvi, Advocates for respondent no. 4.

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Mr. Mukesh Verma, Advocate for respondents no. 5 and 6.

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Mr. Atif Suhrawardy and Mr. Pankaj Kumar, Advocates for respondent no. 8 (through V.C.). Ms. Pushpila Bisht and Mr. Tanay Tewari, Advocates for respondents no 9 to 11.

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Mr. Vijay Kumar, RO, Prayagraj, UPPCB.

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Mr.K.K Rai, Sr. SMO, Prayagraj.

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Original Application No. 557/2024:

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Respondents: Ms. Soni Singh, Adv, for respondent no. 1 (Through VC).

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Mr. Amit Shukla and Mr. Deva Shukla, Advocates for respondent no. 2. Mr. Mukesh Verma, Advocate for Respondent no. 3.

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Mr. Vijay Kumar, RO, Prayagraj, UPPCB.

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Mr.K.K Rai, Sr. SMO, Prayagraj.

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ORDER

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The applicant raised grievances by filing the present original application regarding sand mining by respondents no. 09, 10 and 11 in Sand Block Vidyapeeth, Mahewa Baswar, Madaripur and Sadiyapur in violation of environmental norms.

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In the course of hearing, in view of the report dated 30.10.2024 of the Joint Committee pointing out environmental violations by respondents no. 09, 10 and 11, this Tribunal vide order dated 04.11.2024 directed that respondents no. 09, 10 and 11 be not allowed mining activities till furthers orders by this Tribunal.

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Respondent no. 09 has filed I.A. No. 609/2024, respondent no. 10 has filed I.A. No. 611/2024 and respondent no. 11 has filed I.A. No. 613/2024 for vacation of stay order dated 04.11.2024 inter alia on the grounds of due compliance of environmental norms.

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Learned counsels for respondents no. 09, 10 and 11 have filed affidavits dated 06.03.2025 and thereafter respondents no. 09, 10 and 11 have filed affidavits dated 04.04.2025 regarding compliance with E.C./CTO conditions and environmental norms. Respondent no. 10 has also filed affidavit dated 01.09.2025 and respondent no. 11 has also filed affidavit dated 01.09.2025 in this regard.

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Vide order dated 02.09.2025, UPPCB and Director, Geology and Mining, Lucknow were directed to file their responses with references to the grievances made in the Original Application, recommendations made by the Joint Committee, directions given by this Tribunal including the directions given in OA No. 360/2015, National Green Tribunal Bar

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Association vs. Virender Singh (State of Gujarat ) and verification of compliance status of Project Proponents within three weeks.

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Affidavit dated 24.09.2025 has been filed by UPPCB. In its affidavit, UPPCB has submitted that on inspection on 16.09.2025, it was found that due to rain, the mentioned areas have become water logged and water streams are flowing in the same.

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However, no response has been filed by Director, Mining and Geology, Lucknow.

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In the course of hearing, it has been conceded by learned counsels for respondents no. 9, 10 and 11 that respondent no. 11 has applied to UPPCB for grant of CTO which application is pending and CTO is yet to be granted to respondent no. 11.

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Learned counsel for the applicant has submitted that despite interim injunctive order passed by this Tribunal, illegal mining is being carried on by respondents no. 09, 10 and 11. On being asked, learned counsel for the applicant has submitted that complaints were made to concerned authorities, including District Mining Officer by post but no tracking report has been placed before this Tribunal. Learned counsel for the applicant has submitted pen drive containing videos in support of his submissions.

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We have seen the videos and found that the videos do not have the dates of recording and geo-coordinates of the land in question.

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The applicant has filed I.A. No.718/2025 for initiating proceedings against respondents no. 10 and 11 for violation of stay order and continuing illegal sand mining.

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UPPCB and Director, Mining and Geology, Lucknow are directed to inspect the mining lease sites in question and look into the complaints made by the applicant and also the videos, if any, submitted by the applicant and verify status regarding compliance with EC/CTO conditions and environmental norms by respondents no. 09, 10 and 11 respectively within 15 days and submit report in this regard to this Tribunal. In the eventuality of respondents no. 09 and 10 being compliant with EC/CTO conditions and environmental norms, respondents no. 09 and 10 may be allowed to commence mining. In the eventuality of grant of CTO to respondent no. 11 by UPPCB and also compliance of EC/CTO conditions and environmental norms by respondent no. 11, respondent no. 11 may also be allowed to commence mining.

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I.A. Nos. 609/2024, I.A. No. 611/2024 and I.A. No. 613/2024 are allowed and Interim order dated 04.11.2024 is modified accordingly.

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UPPCB and Director, Mining and Geology are directed to file their reports within one month. In their reports, UPPCB and Director, Mining and Geology shall specifically mention all requisite details regarding compliance with EC/CTO conditions and environmental norms with drone videos regarding such compliance.

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Reply to I.A. No. 718/2025 may be filed by respondents no. 10 and 11 and also by other respondents, if so desired, within one month.

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List on 22.01.2026 for further hearing.

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Arguments on I.A. No. 718/2025 will be heard on that date.

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A copy of this order may be sent to the Director, Mining and Geology, Lucknow, Member Secretary, UPPCB, District Magistrate, Prayagraj and Commissioner of Police, Prayagraj for information/compliance.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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November 12^th , 2025 Original Application No. 974/2024 ( I.A No. 609/2024, I.A No. 611/2024, I.A No. 613/2024 ) With Original Application No. 557/2024 AB

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Jitendra Nishad vs

Case brief

What is this about?

What did the court decide?

Jitendra Nishad vs

Case brief

What is this about?

What did the court decide?

What the court decided

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