Disposed

Ashwini Kumar Saini vs

NGT15 Oct 2025Original Application No. 48/2024

Case brief

AI extract

What is this about?

The applicant alleged illegal mining and landslides near the Kiratpur-Sundernagar four-lane highway. The Tribunal constituted a Joint Committee which found plot development activities but not illegal mining on private lands. However, the Tribunal found laxity in monitoring and direction, instructing authorities to verify exemptions under Rule 3 of the HP Minor Minerals Rules, obtain requisite perm

What did the court decide?

Directions to State Authorities to issue instructions to prevent illegal mining and ensure permissions are obtained for plot development; NHAI and T&CP directed to take action on identified sites and

Ashwini Kumar Saini vs — NGT (2025) — LawSathi Research

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Item No. 12

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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. 48/2024

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1. Ashwini Kumar Saini

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Mahasachiv, Sundernagar Progressive Development Forum (R), 10 Indira Market BBMB Colony Sundernagar

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Versus

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1. Ministry of Environment, Forest and Climate Change

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through its Secretary Indira Paryavaran Bhawan Jorbagh Road New Delhi-110 003 Email: [email protected]

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2. State of Himachal Pradesh

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through Chief Secretary Government of Himachal Pradesh H.P. Secretariat, Shimla-171002; Email: [email protected]

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3. Himachal Pradesh Pollution Control Board

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through its Member Secretary Him Parivesh, Phase-III, Below BCS New Shimla, Himachal Pradesh 171009 Email: [email protected]/[email protected]

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4. National Highway Authority of India

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through its Project Director, PIU, Mandi Bagla Muhal Chakkar, P.O., Nagchala, Mandi Email: [email protected]/[email protected]

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5. District Magistrate, Mandi

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Mandi Ho, Mandi - 175001 Email: [email protected]

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6. District Magistrate/ Deputy Commissioner, Bilaspur

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Deputy Commissioner Office, District Bilaspur (H.P.) Email: [email protected] …Respondents

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Counsel for the Applicant:

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None for the applicant.

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Counsel for the Respondents:

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Mr. Narender Pal Singh, Advocate for Respondent No. 1

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Mr. Anoop Rattan, AG (through VC) with Mr. Divyanshu Srivastava, Advocates for Respondents No. 2, 5 and 6.

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors. 2

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Mr. Vaibhav Srivastava, AAG, Advocate for Respondent No. 3 (through VC).

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Mr. Rahul Khurana, Advocate for Respondent No. 4 with Mohd. Yasir Abbari for NHAI.

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PRESENT:

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

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_____________________________________________________________________________ Judgment Reserved on:- 16.09.2025 Judgment pronounced on:- 15.10.2025 ________________________________________________________________________

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Judgment

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The applicant-Mr. Ashwini Kumar Saini, Maha-Sachiv, Sundernagar Progressive Development Forum (R), 10 Indira Market, BBMB Colony, Sundernagar has sent by email dated 13.08.2023 the present letter petition which has been treated and registered as O.A. No. 48/2024 for exercise of suo moto jurisdiction in view of law laid down by Hon’ble Supreme Court in

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Municipal Corporation of Greater Mumbai Versus Ankita Sinha and

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others, (2022) 13 SCC 401.

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The applicant has raised grievances regarding illegal mining on hilly areas near Kirtarpur Sundernagar fourlane National Highway. The relevant part of the letter petition enumerating grievances of the applicant reads as follows:-

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“ विषयः जानमाल की सुरक्षा हेतु वकरतपुर -- सुदरनगर फोरलेन पर बेतरतीब/अिैध खनन पर अविलुंब रोक ि सख्त काययिाही हेतु ।

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X X X X

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लंबे समय से किरतपुर--सुंदरनगर फोरलेन पर हो रहे बेतरतीब/अवैध खनन िे चलते बरसात में लगातार भारी भूस्खलन हो रहा किससे आए कदन िानमाल िा नुक्सान हो रहा है। लेकिन

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors. 3

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अभी भी पुकलस, खनन कवभाग, प्रदूषण िंट्रोल बोर्ड, प्रसाशन, सरिार, रािनेता, एनएचएआई और अन्य सबंकधत कवभाग िुभिणी नीद सोए हुए है और बडे हादसो िा इंतिार िर रहे है।

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किरतपुर--सुंदरनगर फोरलेन पर अनेि स्थानों पर अभी भी अवैध खनन बदस्तूर िारी है इनमे से एि मामला बलोह ट्ोल प्लािा िे निदीि कबलासपुर मंर्ी सीमा िे फोरलेन िा भी है। िहां पर लंबे समय से बडे स्तर पर खनन फोरलेन किनारे हो रहा है। यहां पर िीमती रेत, बिरी, पत्थर और अन्य सामाग्री िे दोहन िो बेतरतीब/अवैध तौर पर सरेआम भारी भरिम मशीनरी से अंिाम कदया िा रहा है। पहाडी िो िुरेद-िुरेद िर मौिे पर ही ट्रिों पर कफट् किए गए छानने से रॉ मेट्ीररयल िो अलग-अलग िर कनिी व सरिारी उपक्रमों िो बेच अवैध तौर पर मोट्ी चांदी िुट्ी िा रही है। हालाकि प्रदेश सरिार ने पहले ही फोरलेन किनारे किसी भी प्रिार िे कनमाडण/िायड पर रोि लगाई है। वही एनएचएआई िे कनयमो िे तहत भी फोरलेन िे निदीि कनमाडण/िायड पर रोि है।

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महोदय उक्त स्थान पर पहाडी बडी मिबूती व स्थस्थरता से खडी थी और यहां फोरलेन मागड भी खुला है बाविूद इसिे पहाडी िो नीचे से िुरेद िर खोखला किया िा रहा है किससे िभी भी भूस्खलन हो िर मलबा फोरलेन पर आने से बडा हादसा होने िे साथ मागड भी अवरुद्ध हो सिता है।

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कनवेदन है कि आमिन व फोरलेन िी सुरक्षा हेतू अकवलंब किरतपुर से सुंदरनगर ति तमाम बेतरतीब/अवैध खनन पर रोि लगाई िाए और कमलीभगत िर ऐसे िायड िो अंिाम देने वाले सभी सकलप्त लोगो िे स्थखलाफ ठोस िायडवाही अमल में ला िर कनवेदि िो भी इससे अवगत िरवाया िाए।

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नोट्ः उक्त क्षेत्र में पहले भी अनेि कशिायते हुई है लेकिन पुकलस, प्रसाशन, सबंकधत कवभाग कमलीभगत व थोडा बहुत लीपा पोती िर माकफया िो कफर से अवैध खनन िे कलए खुला छोड देते है।“

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The English Translation by the Registry of the relevant part of the letter

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petition quoted above is reproduced below:-

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“ Subject: An immediate halt and strict action is needed against haphazard/illegal mining on the Kiratpur-Sundernagar four-lane to protect life and property

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X X X X

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Due to the long-standing haphazard/illegal mining on the KiratpurSundernagar four-lane, massive landslides occur frequently during the rainy season, resulting in daily loss of life and property. Yet, the police, mining department, Pollution Control Board, administration, government, politicians, NHAI, and other related departments remain in deep slumber, waiting for a major accident.

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Illegal mining continues unabated at numerous locations on the KiratpurSundernagar four-lane. One such case is the four-lane near the Baloh toll plaza on the Bilaspur Mandi border. Large-scale mining has been taking place along the four-lane for a long time. Here, precious sand, gravel, stone, and other materials are being extracted indiscriminately and illegally, openly,

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors. 4

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using heavy machinery. By digging up the hill and using sieves fitted to trucks on the spot, the raw material is separated and sold to private and government enterprises, making huge profits illegally. However, the state government has already banned any kind of construction/work along the four-lane. NHAI rules also prohibit construction/work near the four-lane.

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Sir, at the said place the hill was standing with great strength and stability and the four-lane road is also open here, despite this the hill is being hollowed out by scraping it from the bottom, due to which a landslide may occur at any time and the debris may fall on the four-lane, causing a major accident and the road may also get blocked.

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It is requested that for the safety of the public and the four lane, all the haphazard/illegal mining from Kiratpur to Sundernagar should be stopped immediately and concrete action should be taken against all those involved in such activities in collusion and the applicant should also be informed about it.

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Note: There have been many complaints in the said area earlier also but the police, administration, concerned departments, through collusion and some cover up, leave the mafia free for illegal mining again.”

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Vide order dated 07.03.2024 this Tribunal constituted a Joint Committee comprising Himachal Pradesh State Pollution Control Board and District Magistrates, District Mandi and Bilaspur respectively with direction to visit the site, collect relevant information and submit factual report within two months.

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In compliance thereof report of the Joint Committee was filed vide email dated 18.05.2024. The relevant part of the report is reproduced below:-

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“FACTUAL AND ACTION TAKEN REPORT OF THE JOINT COMMITTEE IN O.A. NO. 48/2024 TITLED AS ASHWINI KUMAR SAINI V/S STATE OF H.P, IN COMPLIANCE TO ORDER DATED 07.03.2024 OF THE HON’BLE NGT. X X X X X X

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2. Members of the Joint Committee constituted in compliance to order dated 07.03.2024 of the Hon'ble NGT: In compliance of the above-mentioned directions of the Hon'ble NGT, the Regional Officer, Bilaspur, HPSPCB was nominated as the Nodal officer in this matter vide HPSPCB's Head Office letter dated 16.03.2024 (Annexure-I).

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For inspection of the area of District Bilaspur, H.P. the Additional Deputy Commissioner Bilaspur co-opted following members:

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i. The Project Director NHAI, PIU Gutkar Distt. Mandi.

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors.

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ii.The Superintending Engineer HPPWD Distt. Bilaspur. iii. The Mining Officer, Deptt. of Industries, Distt. Bilaspur. iv. The Regional Officer, HPSPCB Distt. Bilaspur.

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For inspection of the area of District Mandi, H.P, the Additional Deputy Commissioner, Mandi co-opted following members:

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i.The Additional Superintendent of Police Mandi.

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ii. The Project Director NHAI, PIU Gutkar Distt. Mandi.

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iii.The Superintending Engineer HPPWD Distt. Mandi.

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iv. The Mining Officer, Deptt. of Industries, Distt. Mandi.

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v.The Regional Officer, HPSPCB Distt. Bilaspur.

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3. National Highway under reference i.e. from Kiratpur to Sundernagar Four Lane:

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National Highway Authority of India (NHAI) has constructed a Kiratpur-Manali section of NH-21 from two lanes to four lanes. The road project is a connectivity route towards Leh-Ladakh. NH21 also connects Chandigarh to Manali. The NH is being built for 191.00 km total length and Rs. 6740 Cr (approx.) as Civil Cost. This includes 13 Nos, of tunnels, bypasses, 41 major bridges of span 60 m to 675 m (including both completed and under construction).

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Initially the Environmental Clearance was obtained for widening and improvement of existing two lane to four lane of Kiratpur to Bilaspur Section of NH-21 in the States of Punjab and Himachal Pradesh issued by MOEF, GOI vide letter dated 21.03.2013. The Copy of Environmental Clearance is enclosed as Annexure-II. Environmental Clearance was also obtained for widening and improvement of existing carriageway to two to four lane of Bilaspur to Nerchowk Section of NH-21 from Km 134.500 to Km 186.500 in the state of Himachal Pradesh issued by MOEF, GOI vide letter dated 21.03.2013. The Copy Environmental Clearance is enclosed as Annexure-III.

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The alignment of the Kiratpur Manali section partly falls in the state of Punjab and majorly falls in the state of Himachal Pradesh. The total length from Kiratpur to Nerchowk (Package-1) is 30.53 KM under Brownfield Section and 47.75 KM under Greenfield Section. The widening/development of existing road is categorized as Brownfield, whereas construction of project on a new alignment is categorized as Greenfield section. Further the construction work of NH section from Kiratpur to Sundernagar is completed and same is operational. The total road length in reference is approx. 56 Km from Gara Moura Toll Plaza in Distt Bilaspur to Sundernagar in Distt. Mandi.

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors. 6

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Pic No. 01: Shows Stretch of 04 lane from Kiratpur to Sundernagar has been completed and is operational as highlighted in Red.

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4. Meetings of the Joint Committee and Inspections of the area in question of the National Highway:

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4.1 First Meeting of the Joint Committee

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The first meeting of the Joint Committee was convened on 09.04.2024 under the Chairmanship of the Additional Deputy Commissioner Bilaspur in which the Joint Committee members were present in the meeting along with the Complainant/Applicant Sh. Ashwini Kumar Saini and Sh. Umesh Kumar Gautam, President Sundernagar Progressive Development Forum and four lane contractor M/s Gawar Construction Limited. The attendance sheet of the meeting is enclosed as Annexure-IV.

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Pic No. 02: Shows convening of Joint Committee Meeting in the Chamber of Additional Deputy Commissioner Bilaspur

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During the meeting, Sh. Ashwini Kumar Saini has informed that unscientific cutting of hills was carried out during the construction of four lane as observed in August 2023 during peak

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors.

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monsoon which resulted into falling of the rocks from the hills and caused accidents and damage to human lives and therefore a complaint had been filed before the Hon'ble NGT. He also informed that the illegal mining/cutting along the four lane in Distt. Bilaspur has not been observed as on date and the fourlane has now been completed from Kiratpur to Sundernagar in Distt. Bilaspur and Mandi. The spots briefed by Sh. Ashwini Kumar Saini are mainly located on the boundary of Distt. Bilaspur and in Distt. Mandi.

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In the meeting, the Additional Deputy Commissioner Bilaspur had directed the Joint Committee members of Distt. Bilaspur to conduct a joint inspection in the presence of Sh. Ashwini Kumar Saini and Sh. Umesh Kumar Gautam on dated 09.04.2024 of Kiratpur-Sundernagar four lane area in Distt. Bilaspur and to identify the hotspots where illegal mining is being carried out.

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4.2 Joint Inspection of District Bilaspur area by the Joint Inspection Committee:-

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The site under reference ie. From Gara Moura Toll Plaza to Baloh Toll Plaza total stretch of approx. 40 Km in Distt. Bilaspur of Kiratpur-Sundernagar four lane was jointly inspected by the Joint Committee along with Sh. Ashwini Kumar Saini and Sh. Umesh Kumar Gautam on dated 09.04.2024. During the joint inspection from Gara Moura Toll Plaza to Baloh Toll Plaza under the jurisdiction of Distt. Bilaspur, no illegal mining from the hills on part of four lane construction was observed by the committee.

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However, cutting/excavation by local residents at 02 no's of locations other then Right of Way (ROW) of four lane on their private land was observed by the committee during the visit ie. :-

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1. Village Kothi, PO Behna Jattan, Tehsil Jhandutta, Distt. Bilaspur (Ahead of B4U Hotel & Restaurant) (Lat: 31.339549, Long: 76.735708).

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2. Village Rohin (Near Rohin Bus Stop), Tehsil Ghumarwin, Distt. Bilaspur (Lat: 31.417506, Long: 76.757779).

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Table No.01: Shows details of cuttings observed in Distt. Bilaspur:

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*S. No.*	*Location*	*Nature of* *Activity*	*Muck Disposal*	*Present* *Status*
1	Village Kothi, PO Behna Jattan, Tehsil Jhandutta, Distt. Bilaspur (Lat:31.339549, Long: 76.735708).	Proposed Retail Outlet/Petrol Pump	On Private Land/Plot (Agreement executed between both parties)	Cutting work has been stopped by SDM Jhandutta

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors.

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Village Rohin	Proposed	On Private	Cutting
Tehsil	Commercial	Land/Plot	work has
Ghumarwin,	establishment	(Agreement	been
Distt. Bilaspur.		executed	stopped by
(Lat: 31.417506,		between both	SDM
76.757779)		parties)	Ghumarwin

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The report of the Sub Divisional Magistrate Jhandutta w.r.t. S.No. 01 of Table 01 is annexed as Annexure-V. The report of the Sub Divisional Magistrate Ghumarwin w.r.t. S. No. 02 of Table 01 is annexed as Annexure-VI.

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The Mining Officer Bilaspur informed that no major illegal extraction of mineral within stretch was detected. The copy of reply submitted by Mining Officer Bilaspur is annexed as Annexure-VII

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Furthermore, during the joint inspection, the Officials from the NHAI Mandi have informed that the vulnerable areas of landslides on the four lane have been identified and a preparation of Detailed Project Report to tackle the problems of landslides along the fourlane is under process. NHAI Mandi has further submitted that the project is completed and is operational since 10.02.2023 and total length from Kiratpur to Nerchowk (Package-1) is 30.53 KM under Brownfield Section and 47.75 KM under Greenfield Section. The copy of reply submitted by NHAI Mandi is annexed as Annexure-VIII.

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In addition to above, a meeting held under the chairmanship of Deputy Commissioner Bilaspur on dated 26.04.2024 along with Sub-Divisional Magistrates (SDM's) and concerned departments namely Forest Department, NHAI, District Revenue Officer (DRO), Mining Department, Town and Country Planning Department, State Pollution Control Board and directions were issued to all Sub Divisional Magistrates to immediately stop the ongoing construction activities without proper permission. In future, Revenue Department must do videography regarding to check any illegal construction activities nearby the National Highway. If any construction activity is found, immediately it must be ascertained whether proper permission has been taken from the appropriate authority. Also it has to be checked whether the muck dumping plan has been submitted while seeking the permission and also whether the concerned person is dumping muck as per the approved plan. The copy of the proceedings of the meeting is annexed as Annexure-IX.

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors.

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Pic No. 03 to 06 Shows the Joint Inspection of the area in reference conducted by the committee 09.04.2024.

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Pic No. 07 & 08: Shows the status of cutting at Village Kothi, PO Behna Jattan, Tehsil Jhandutta, Distt. Bilaspur (Lat: 31.339549, Long: 76.735708) on dated 09.04.2024.

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors.

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Pic No. 09 & 10: Shows the status of cutting at Village Rohin (Near Rohin Bus Stop), Tehsil Ghumarwin, Distt. Bilaspur (Lat: 31.417506, Long: 76.757779) on dated 09.04.2024.

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5. Second Meeting of the Joint Committee and inspection of NH at Distt. Mandi, H.P.

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The second meeting of the Joint Committee in Distt. Mandi was convened on 10.04.2024 under the Chairmanship of the Additional Deputy Commissioner Mandi in which the Joint Committee members were present in the meeting along with the Complainant/Applicant Sh. Ashwini Kumar Saini and Sh. Umesh Kumar Gautam. The attendance sheet of the meeting is enclosed as Annexure-X.

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Pic No. 11: Shows the convening of Joint Committee meeting by Additional Deputy Commissioner Mandi on 10.04.2024

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5.1 Joint Inspection by the Joint Inspection Committee:

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The Joint Committee members inspected the fourlane from Sundernagar (Pungh) to Baloh Toll Plaza, a total stretch of approx. 16 Km, under the jurisdiction of District Mandi along with Sh. Ashwini Kumar Saini and Sh. Umesh Kumar Gautam. on dated 10.04.2024 under the Chairmanship of Additional Deputy Commissioner Mandi and Sub Divisional Magistrate (SDM) Sundernagar. During the joint inspection on 10.04.2024, the committee observed cutting/excavation of hills have been carried out at 06 no's of locations as follows:

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1. Near Pungh on four lane (Near Dear Cafe & Lounge), Sundernagar, Distt. Mandi (Lat: 31.509443, Long: 76.87545).

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2. Near Jio Petrol Pump Sundernagar, Distt. Mandi (Lat: 31.503068, Long: 76.874851).

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3. Vill. Chamukha, Sundernagar, Distt. Mandi (Lat: 31.497679, Long: 76.874431).

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4. VPO Jarol, Tehsil Sundernagar, Distt. Mandi (Lat: 31.454402 Long: 76.86005).

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5. Near entry to Tunnel No. 4 Fourlane Distt. Mandi (Lat: 31.44571, Long: 76.842077).

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6. VPO Dehar (Near Baloh Toll Plaza) (Lat: 31.425439, Long: 76.810823).

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors.

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors. 12

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During the inspection, it has been observed by the joint committee that at above mentioned 05 no’s locations (i.e. 1-5), plot development work has been carried out on private land along the fourlane and at the 6th location i.e. at VPO Dehar Near Baloh Toll Plaza in Distt. Mandi, historical traces of cutting have been observed by the committee members. However, no fresh cutting and illegal mining has been observed.

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Further, the Mining Officer Mandi and NHAI Mandi Officials were directed by the Additional Deputy Commissioner Mandi to submit the status report of illegal mining and other mining operations carried out along the four lane as observed during the inspection. The Mining Officer Mandi submitted report stating that no illegal mining was observed during the stretch. (Copy enclosed as Annexure- XI).

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The National Highway Authority of India has issued Notices to these private properties under NH land and Traffic Act 2002 for unauthorised access from National Highway along with directions to obtain access permission from Highway Administrator (Copy of Notices enclosed as Annexure-XII) Table No. 02: Shows the Status report w.r.t the identified sites in Distt. Mandi:

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*S.No.*	*Name of* *Land* *Owner*	*Latitude*	*Longitude*	*Muhal Name* *with Khasra* *No.*	*Present status*
1.	Balak Ram S/o Gokal Das S/o Tulsi Ram	31.50928	76.875422	Kh. no. 30, 1139/31 Muhal Chamukha/41	Carried out cutting in their own land mesauring 03-10-00 Bighas
2.	Mrs. Kusham Lata W/o Subhash Chand S/o Chetram	31.504976	76.874851	Kh no. 1240/870/207 Muhal Chamukha/41	Carried out cutting in their own land mesauring 00-17-00 Bighas
3.	Balak Ram Sio Gokal Das S/o Tulsi Ram	31.504976	76.874851	Kh. no. 1154/89 Muhal Chamukha/41	Carried out cutting in their own land mesauring 02-05-00 Bighas
4.	Surendra S/o Padam Singh S/o Bhikham	31.497679	76.874431	Kh no. 1322/1059/405 Muhal Chamukha/41	Carried out cutting in their own land mesauring 01-00-00 Bighas
5.	Sunil Kumar S/o Hem Raj S/o Nandlal and Smt.	31.497679	76.874431	Kh. no. 1324/1060/405 Muhal Chamukha/41	Carried out cutting in their own land mesauring 00-12-00 Bighas

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors.

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	Draupadi Devi W/o Bhag Singh So Maghu
6	Jagarnath S/o Gurdas S/o Gugar R/o Dehvi	76.842077	31.44571	Kh. no. 1109/285 Muhal Dehvi/84 Sub- Tehsil Dehar	Carried out cutting in their own land mesauring 02-03-00 Bighas

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In addition to above, the President Sundernagar Progressive Development Forum has submitted a statement on dated 15.05.2024 stating that "We are satisfied with the handling of the situation by the Administration and now we found that there are no more violations. We are thankful to the initiative of NGT and the Administration and hope in future there will not be any damages to the fragile ecology of hills". The copy of statement made by the President Sundernagar Progressive Development Forum is enclosed as Annexure-XIII. Keeping above facts into consideration, the compliance report by the joint committee before Hon'ble National Green Tribunal (NGT) is submitted.”

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Vide order dated 20.05.2024 this Tribunal impleaded (1) Ministry of Environment, Forest and Climate Change through its Secretary (2) State of Himachal Pradesh through Chief Secretary (3) Himachal Pradesh Pollution Control Board through its Member Secretary (4) National Highway Authority of India through its Project Director, PIU, Mandi, Bagla Muhal Chakkar, P.O, Nagchala, Mandi (5) District Magistrate, Mandi; and (6) District Magistrate/ Deputy Commissioner, Bilaspur as respondents no. 1 to 6 and issued notices to the respondents requiring them to file their responses.

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Reply dated 03.07.2024 has been filed by respondent no. 6-Deputy Commissioner, Bilaspur via email dated 04.07.2024. The relevant part of the reply dated 03.07.2024 filed by respondent no. 6- Deputy Commissioner, Bilaspur is reproduced below:-

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“ RESPONSE/REPLY ON THE BEHALF OF RESPONDENT NO. 06 i.e. DEPUTY COMMISSIONER BILASPUR IN O.A. NO. 48/2024 .

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors. 14

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X X X X X X

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5. That in compliance to the Hon'ble NGT orders dated 20-052024, the replying respondent sought the detailed report from the Mining Officer Bilaspur, Project Director National Highway Authority of India (NHAI) Mandi, Assistant Town Planner Bilaspur and M/s Gawar Construction Ltd. regarding compliance of the orders of the Hon'ble NGT and latest status report on the areas where cutting/excavation of hills was carried out along with action taken report as observed during the Joint Inspection from Gara Moura Toll Plaza to Baloh Toll Plaza on KiratpurSundernagar four lane in District Bilaspur. The copy of letter is enclosed as Annexure R-6/1. The brief details of aforementioned 02 no's sites of cutting/excavation observed during the joint inspection and the present status is tabulated as below:

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Table No. 01: Details of cuttings observed in District Bilaspur, H.P.

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*S. No*	*Location And* *Name of project* *proponent/owner*	*Nature of* *Activity*	*Action Taken*	*Present Status*
1.	Khasra No. 418/191/67, Vill. Kothi, PO Behna Jattan, Tehsil Jhandutta, Distt. Bilaspur (Lat: 31.339549, Long: 76.735708) (Prop. Mrs. Santoshi Devi)	Proposed Retail Outlet/Petrol Pump	Work has been stopped by SDM Jhandutta.	Presently no activity related to land leveling and plot development is being carried out. The permission from NHAI has been obtained, the permission from T&CP department is under process. The copy of permission of NHAI and application submitted in T&CP Deptt. is enclosed as Annexure R- 6/2.

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors.

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2.	Khasra No. 773/597, Village Rohin Tehsil Ghumarwin, District Bilaspur (Lat: 31.417506, Long: 76.757779) (Sh. Jitender Kumar)	Land leveling and plot development.	Work has been stopped SDM by Ghumarwin. A Show Cause Notice has been issued by HPPCB Bilaspur to not to carry out further cutting works without permission from concerned department and to carry out water sprinkling. The copy of notice is annexed as annexure R- 6/3. The compliance submitted by Sh. Jitender Kumar is annexed as Annexure R- 6/4.	Presently no activity is being carried out. File has been submitted by Sh. Jitender Kumar in the office of the NHAI for obtaining permission.

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6. That the aforementioned 02 no's of locations were reported in previous report submitted by the Joint Committee before Hon'ble NGT where cutting/excavation work was carried out by the local residents other then Right of Way (ROW) of Four Lane their private land. However, no illegal mining activities in these 02 no's of locations have been observed as reported by the Mining Officer Bilaspur. The muck generated from the cutting of these 02 no's of plots has been utilized in private lands for land filling and leveling and no muck/stones have been commercialized. The cutting work in these 02 no's locations have been stopped by the concerned SDM's and both parties have applied for permission from concerned departments i.e. National Highway Authority of India and Town & Country Planning Department.

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7. That these types of activities do not falls under the purview of mining as both are plot leveling/development activities and required permission from concerned departments i.e. Town & Country Planning Department (TCP), National Highway Authority of India (NHAI) & concerned Gram Panchayat as applicable. These activities also do not require Consent of H.P. State Pollution

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Control Board. As per report submitted by the Mining Officer, Bilaspur vide letter No.MO/BLP/complaint file- Ghumarwin191/2023-508 dated 01-07-2024 that both aforementioned cutting works are not covered under mining purview as both are involved in the constructional activities where no activity for the purpose of selling mineral was observed. Also the 02 no's of challans reported in the Mining Inspector report dated 02-042024 are beyond Right of Way (ROW) of Four Lane and do not belong to Kiratpur-Sundernagar Four Lane and at present no illegal mining for the purpose of selling mineral has been found within ROW of existing Kiratpur-Manali National Highway. The copy of letter received from the Mining Officer Bilaspur is enclosed as Annexure R-6/5 for kind perusal. 8. That the Assistant Town Planner (TCP Deptt.) Bilaspur vide letter No.SDTP/BLP/T-63/Four Lane P.A./24-206-07 dated 0107-2024 has submitted that the land owner of site at s. no. 01 has done partial plot levelling and not done any type of construction activity which has been cross checked during the inspection conducted on dated 05-06-2024 and the applicant has submitted a case to TCP office and the same is under process. With respect to site at s. no. 02, it is submitted that the applicant has not done any type of construction activity at present which has been cross checked on dated 05.06.2024 and he has been directed to take necessary prior permissions before carrying out any construction work at site. The copy of letter of Assistant Town Planner Bilaspur is enclosed as Annexure R-6/6 9. That in addition to above, the construction such as residential, commercial etc. adjacent to the Kiratpur-Manali Four Lane has been bound with the prior approval/permission of National Highway Authority of India (NHAI), Town & Country Planning Department (T&CP) & concerned Gram Panchayat as applicable. It is also apprised that Kiratpur-Manali Four Lane falls under the ambit of "Four Lane Planning Area" as per the latest notification of Town and Country Planning Department dated 28-06-2023 and new construction activities along the Four Lane shall have to take permission from Town and Country Planning Department. The copy of notification is annexed as Annexure R-6/7.

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10. That the M/s Gawar Construction Ltd. involved in the construction of balance work of Kiratpur-Nerchowk Four Lane had obtained requisite permissions from Department of Industries w.r.t. utilization of material generated during the construction of Four Lane and due royalty for the material has been deposited with the Mining Department and the Four Lane construction work has been completed in District Bilaspur. The copy of letter along with requisite permissions is enclosed as Annexure R-6/8 for kind perusal.

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11. That the deponent has also directed Police Department to keep vigil over the activities carried out w.r.t. material/muck loaded trucks on Kiratpur-Manali Four Lane in District Bilaspur

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and take strict action against the violators for activities of illegal mining/muck dumping, if any. The Divisional Forest Officer Bilaspur has also been directed to keep strict vigil and take necessary action against the violators who have dumped muck on forest land.”

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Reply dated 06.07.2024 has been filed by respondent no. 5-Deputy Commissioner, Mandi via email dated 06.07.2024. The relevant part of the reply dated 06.07.2024 filed by respondent no. 5-Deputy Commissioner, Mandi is reproduced below:-

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“ RESPONSE/REPLY ON THE BEHALF OF RESPONDENT NO 5 i.e. DEPUTY COMMISSIONER MANDI IN OA NO 48/2024. X X X X X X

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6. That in compliance to this Hon'ble Tribunal judgment/order dated 20-05-2024, the replying respondent has sought the detailed spot report from Sub-Divisional Officer (C), Sunder Nagar and other stake holder departments i.e. Project Director, NHAI Mandi, Mining officer and Town Planner Mandi vide this office letter No E-file No 195875/MND-DEV-DA-II/OA.No 48/202419679-82 dated 29-05-2024 regarding details of permission/NOC issued for the construction done / carried out and latest status report regarding permission issued or violations observed and action taken report of these spots which were identified during the Joint Inspection from Baloh Toll Palaza to Sunder Nagar on Kiratpur to Sunder Nagar fourlane. A copy of letter dated 29.05.2024 is attached as Annexure R-5/1. ssion

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7. That the Sub Divisional Officer (C) Sunder Nagar has submitted status report vide his office letter No SDM/SNR/AOKgo/2034-5571 dated 11-06-2024 that the spot mentioned at S. No 1 to 6 in para No 3 above have caused cutting in their own land for the development purpose and not extracted sand stone and made construction on their own land on the spot. As per the report submitted by Mining Inspector Sunder Nagar the land ownershave developed the plot on their own land and debris was dumped on their private land and no minerals have been extracted for the purpose of sale and commercials activities. The report received from SDO(C) Sunder Nagarvide office letter No SDM/SNR/AO Kgo/2034-5571 dated 11-06-2024 is enclosed as Annexure R-5/II for kind perusal.

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8. That the Town and Country Planner Mandi vide letter No TCP(M)T-61-(NGT) Vol-1/2021-22 dated 07-06-2024 has informed that the site no 1,2,3 fall under Sunder Nagar planning area and site No 4,5,6 fall under four lane Planning Area. All these six sites as mentioned herein above were visited by the team of their department and its was reported that no building

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constructions activity found on the sites. The retaining wall was found constructed at site no 4 for the protection of land only. It is further submitted that neither Permission/NOC for building construction was applied not department/ office has granted permission/ NOC for building construction of these sites. Further, the department has also issued notices under section 38 of HPTCP Act 1977 to all owner of six sites as mentioned herein above. The owner of site no 3 submitted his reply that the retaining wall was constructed for the protection of land but due to heavy rain some portion got collapsed during the heavy rain. The constructions work will be carried out with prior permission of department. No construction activities were found at these sites except the construction of retaining wall in one site. The copy of report submitted vide letter No TCP(M)T-61-(NGT) Vol1/2021-22 dated 07-06-2024 is enclosed as Annexure R-5/III for kind perusal please.

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9. That as per the report received from Mining Officer Mandi vide letter No MO/MDI/NGT/OA No 48/2024-740 dated 24-06-2024 that no illegal mining activities has been observed during the inspection of these sites. The land owners had developed these plots on their private land and no mineral was extracted for the purpose of sale / commercial activities. The copy of letter dated 24-06-2024is enclosed as Annexure R-5/IV.

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10. The Project Director NHAI, PIU-Mandi vide his letter No NHAI/PD/PIU-Mandi/2023-24/Misc/05/681 dated 19-06-2024 has informed that their office has not provided any permission / NOC for cutting at any locations. Further Notices have been issued for unauthorised access from the NH being Highway Administrator under section 24 of NH land and traffic Act 2002 and directed them to take necessary access permission from NH. The copy of letter dated 19-06-2024 is enclosed as Annexure R- 5/V. ”

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Reply dated 01.08.2024 has been filed by respondent no. 3-HPPCB via email dated 02.08.2024. The relevant part of the reply dated 01.08.2024 filed by respondent no. 3-HPPCB is reproduced below:-

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“ RESPONSE ON THE BEHALF OF RESPONDENT NO. 03 i.e. H.P. STATE POLLUTION CONTROL BOARD. X X X X X X

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4. That with respect to District Bilaspur, the Joint Committee in its report dated 18-05-2024 observed that cutting/excavation work was carried out at two locations, other than Right of Way (ROW) of Four Lane on private lands in District Bilaspur, namely:i. at Khasra No. 418/191/67, Village Kothi, PO Behna Jattan, Tehsil Jhandutta, District Bilaspur (Ahead of B4U Hotel & Restaurant) (Prop. Santoshi Devi for proposed Retail outlet/Petrol Pump).

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ii. at village Rohin (Near Rohin Bus Stop). Tehsil Ghumarwin, District Bilaspur. (Proprietor Sh. Jitender Kumar for Plot Development)

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That as per report submitted by the Mining Officer, Bilaspur vide letter dated 01.07.2024 (copy annexed as Annexure R-3/1), the cutting works at the above-mentioned sites are not covered under mining purview as both are related to constructional activities where no activity of selling of minerals was observed. Also, the two challans reported in the Mining Inspector report dated 0204-2024 are beyond Right of Way (ROW) of Four Lane and do not belong to Kiratpur-Sundernagar Four Lane. Reportedly, at present no illegal mining/selling of minerals has been observed within Right of Way (ROW) of existing Kiratpur-Manali National Highway. In the above-mentioned locations the cutting/excavation work was carried out by the local residents other than Right of Way (ROW) of Four Lane on their private land. However, no illegal mining activities in these locations have been observed as reported by the Mining Officer. The muck generated from the cutting of these plots has been utilised in private lands for land filling and leveling and the muck/stones have not been commercialised.

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5. That reportedly the cutting works in the afore-mentioned locations has been stopped by the concerned SDM's and both parties have applied for permission from concerned departments i.e. National Highway Authority of India and Town & Country Planning Department. It is further submitted that notices were issued by Regional Office, HPPCB. Bilaspur to Sh. Jitender Kumar (copy annexed as Annexure R-3/2) directing not to carry out further cutting works without permission from the concerned departments and to carry out water sprinkling for dust suppression In response, a reply to the notice has been submitted by Sh. Jitender Kumar (copy annexed as Annexure R-3/3) assuring that he will resume plot development work only after taking all the necessary permissions from the concerned departments.

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6. That M/s Gawar Construction Ltd. involved in the construction of balance work of Kiratpur-Nerchowk Four Lane had obtained requisite permissions from Department of Industries w.r.t. utilization of material generated during the construction of Four Lane and due royalty for the material has been deposited with the Mining wing of Industries Department. (The copy of letter along with requisite permissions are annexed as Annexure R- 3/4).

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7. That with respect to District Mandi, the Joint Committee in its report dated 18-05-2024 observed that cutting/excavations of hills near the four-lane have been carried out at 06 no's of locations:-

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i. Near Pungh on four lane (Near Dear Café & Lounge), Sundernagar, Distt. Mandi (Lat: 31.509443, Long: 76.87545). ii. Near Jio Petrol Pump Sundernagar, Distt. Mandi (Lat: 31.503068, Long: 76.874851). iii. Vill. Chamukha, Sundernagar, Distt. Mandi (Lat: 31.497679, Long: 76.874431).

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iv. VPO Jarol, Tehsil Sundernagar, Distt. Mandi (Lat: 31.454402 Long: 76.86005).

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v. Near entry to Tunnel No. 4 Four-lane Distt. Mandi (Lat: 31.44571, Long: 76.842077).

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Vi. VPO Dehar (Near Baloh Toll Plaza) (Lat: 31.425439, Long: 76.810823).

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8. That reportedly, cutting/excavations in the above-mentioned sites has been done by private owners in their own land for the plot development/construction purpose and they have not extracted sand stone/minerals for commercial purpose. As per the letter dated 06.06.2024 of Mining Inspector, Sunder Nagar and letter dated 27.06.2024 of Mining Officer, Mandi, inspections of the spots identified from Baloh Toll Plaza to Sundernagar was carried out on dated 06.04.2024, 05.06.2024 and 06.06.2024. Reportedly, during the course of inspection no illegal mining activities have been observed. It was observed that land owners have developed the plot on their lands and the debris so generated was dumped on their private land and as such no minerals have been extracted for the purpose of sale and commercials activities. (The copy of letters dated 06.06.2024 and 27.06.2024 are annexed as Annexure R-3/5 collectively) 9. It is submitted that plot leveling/development activities do not fall under the purview of mining. Also, the Consent of H.P. State Pollution Control Board is not required for plot development activities. It is further submitted that the residential & commercial construction activities adjacent to the KiratpurManali Four Lane has been made subject to the prior approval/permission of National Highway Authority of India (NHAI), Town & Country Planning Department (T&CP) & concerned Gram Panchayat as applicable. It is further submitted that Kiratpur-Manali Four Lane falls under the ambit of "Four Lane Planning Area" as per the latest notification of Town and Country Planning Department dated 28-06-2023 and new construction activities along the Four Lane shall have to take permission from Town and Country Planning Department. The copy of notification is annexed as Annexure R-3/6. ”

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Reply dated 08.08.2024 has been filed by respondent no. 4-NHAI via email dated 12.08.2024. The relevant part of the reply dated 08.08.2024 filed by respondent no. 4-NHAI is reproduced below:-

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“ REPLY ON BEHALF OF RESPONDENT NO. 04- NHAI, PROJECT DIRETOR, PROJECT IMPLEMENTATION UNITMANDI (H.P.) SUPPORTED WITH AFFIDAVIT X X X X X X

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5. That it is to apprise this Hon'ble Court that answering Respondent No. 4 had undertaken to construct a four-lane road of Kirartpur to Nerchowk Section of NH-21 (Old) (from KM 0.000 to Km. 12.750 & 158.500 KM to 182.215 excluding Sundernagar bypass) (Pkg-1) in the State of Punjab & Himachal Pradesh (Brownfield).

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6. It is submitted that the work of constructing a four lane road has been executed by the NHAI through different agencies ie. Contractor/Concessionaire. Furthermore, it is worthwhile to mention, herein that the Project of constructing a four lane road of Kirartpur to Nerchowk Section of NH-21has been completed and is operational since 05.09.2023 for public and the traffic and is plying smoothly.

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7. That the answering Respondent No. 4 has received two letters bearing 48/2024/-2925-28 PCB/R.0/MND/1234/0.A по. No. dated 28.03.2024 and PCB/RO/BLP/160/OA No. 48/2024/1854-61 dated 21.03.2024 from Regional Officer, HPSPCB Mandi and Regional Officer, HPSPCB Bilaspur, whereby some information were sought in pursuant to the order dated 07.03.2024 passed by the this Hon'ble Court in OA. No. 48/2024- Ashwini Kumar Saini versus State of H.P. It is humbly submitted that the answering Respondent No. 4 has clarified vide its letter no. NHAI/PD/PIU-Mandi/2023-24/05/10 dated 02.04.2024 in lieu of the aforesaid letters that the contractor (EPC) had not extracted and utilized any mineral materials from the scope of excavations.

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It has been further clarified by the answering Respondent No. 4 that total muck generated in the project length from excavation with in ROW is approx. 400000 cubic meter which is not usable in construction of project as per MORTH specification and the contractor (EPC) has disposed the same in the land of local people as per their requirement and the same was certified by Authority Engineer, M/s Geo Design & Research Pvt. Ltd. A Copy of letter no. NHAI/PD/PIU-Mandi/2023-24/05/10 dated 02.04.2024 18 annexed herewith ANNEXURE NO. 1

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8. That it is to apprise this Hon'ble Court that the answering Respondent No. 4 does not provide any permission/NOC for cutting of hills at any location. Further, a necessary permission of right to access must be obtained as per Section 28 and Section 29 of the Control of National Highways (Land & Traffic) Act, 2002 NH Land and Traffic Act, 2002 for private constructions on Highway. It is worthwhile to mention herein that since, cutting of hills was observed, the answering Respondent No. 4 has issued notices for unauthorized access to the land owners. The same is tabulated for your reference as below:

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*SI. No.*	*Location in Distt.* *Mandi*	*Name of land* *owner*	*Notice No. Date*
1	Near Pungh on four lane, Sundernagar	Muni Lat	150 dated 10.05.2024
2	Near Jio Petrol Pump, Sundernagar	Sh. Balak Ram s/o Gokul Dass	146 dated 27.04.2024
3	Village-Chamukha, Sundernagar		147 dated 27.04.2024

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		Sh. Surender Sen s/o Padam Singh Sen
4	VPO-Jarol, Sundernagar	Sh. Jagdish Chand s/o Sant Ram	113 dated 06.02.2024
5	Near entry to Tunnel No. 4	Sh. Jagar Nath	155 dated 10.05.2024
6	VPO-Dehar, Near Baloh Toll Plaza	Sh. Amar Singh s/o Lakhu Ram	136 dated 15.04.2024
7	Village Chamukha, Sundernagar (Near Petrol Pump)	Sh. Sanjeev	122 dated 10.02.2024

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A Copy of some of the Notices issued by NHAI for unauthorized access to landowners are collectively annexed herewith as ANNEXURE NO. 2

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9. That furthermore, it is submitted that the land owners who were developing their plots on their own land has now been stopped by District Administration and по mineral/material was extracted for the purpose of sale/commercial activities. However, it is humbly submitted that to monitor hill cutting & its regulation does not fall under jurisdiction of NHAI.”

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Affidavit dated 11.09.2024 has been filed by respondent no. 1-MoEF &

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CC via email dated 12.09.2024. The relevant part of the affidavit dated

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11.09.2024 filed by respondent no. 1-MoEF & CC is reproduced below:-

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“ AFFIDAVIT ON BEHALF OF THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (RESPONDENT No. 1) X X X X X X

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4. It is most respectfully submitted that the Ministry vide notification S.O. 1886 (E) dated 20.04.2022 has delegated the power to the State Level Environment Impact Assessment Authority (SEIAA) to grant Environmental Clearances to all minor mineral (including extraction of sand stone/minerals) mining projects, irrespective of mine lease area. A copy of the Notification S.O. 1886 (E) dated 20.04.2022 is marked and annexed herein as ANNEXURE R1/1.

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5. It is respectfully submitted that the State Department of Mines and Geology is the nodal authority in the State for dealing with the allotment of mining leases in accordance to the provisions mentioned under the Mines and Minerals (Development and

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Regulation) Act (herein after referred as MMDR Act) and is also entrusted with the enforcement and regulation of mining operations in a State including illegal mining and Respondent Ministry has hardly any role with regard to the same. Further, the State Government is empowered under Section 23 C of the Mines and Minerals (Development and Regulation) Act 1957(MMDR Act) to make rules for prevention of illegal mining, transportation and storage of minerals.

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6. That the State Pollution Control Board is the Nodal Authority in the State for dealing with cases related to pollution or environment management coming under the purview of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act 1986.”

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Additional reply dated 21.10.2024 has been filed by respondent no:-4NHAI via email dated 22.10.2024. The relevant part of the additional reply dated 21.10.2024 by respondent no. -4-NHAI is reproduced below:-

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“ADDITIONAL REPLY ON BEHALF OF RESPONDENT NO. 04NHAI, PROJECT PROJECT DIRETOR, IMPLEMENTATION UNIT- MANDI (H.P.) SUPPORTED WITH AFFIDAVIT X X X X X X

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9. That it is to submit that the cutting of private land in complaint/petition was done by private landowners and NHAI has no role in hill cutting mentioned by Complainant as the National Highway section where complaint has raised concerns is in operations since 5th September 2023 and since then no works are being executed by NHAI.

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10. That it is to apprise this Hon'ble Court that answering Respondent No. 4 had undertaken to construct a four-lane road of Kirartpur to Nerchowk Section of NH-21 from Km 0.000 to Km. 182.215 excluding Sundernagar bypass in the State of Punjab & Himachal Pradesh.

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11. It is submitted that the work of constructing a four-lane road has been executed by the NHAI through different agencies ie. Contractor/Concessionaire. Furthermore, it is worthwhile to mention herein that the Project of constructing a four lane read of Kirartpur to Nerchowk Section of NH-21has been completed and is operational since 05.09.2023 for public and the traffic and is plying smoothly.

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12. That it is humbly submitted that in respect of the averments made by the Respondent No. 4 in its earlier Reply dated 11.08.2024, wherein, it was mentioned that the Answering Respondent No. 4 has received two letters bearing No. PCB/R.O/MND/1234/O.A no. 48/2024/-2925-28 dated 28.03.2024 and PCB/RO/BLP/160/OA No. 48/2024/-1854-61 dated 21.03.2024 from Regional Officer, HPSPCB Mandi and Regional Officer, HPSPCB Bilaspur, whereby some information were sought in pursuant to the order dated 07.03.2024 passed

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by the this Hon'ble Court in O.A. No. 48/2024-Ashwini Kumar Saini versus State of H.P.

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13. That it is humbly submitted that the answering Respondent No. 4 has clarified vide its letter no. NHAI/PD/PIU-Mandi/202324/05/10 dated 02.04.2024 in lieu of the aforesaid letters that the contractor/Concessionaire had not extracted and utilized any mineral materials from the scope of excavations. It has been further clarified by the answering Respondent No. 4 that total excess muck generated in the project length from excavation within ROW is approx. 400000 cubic meter which is not required for project works has disposed the same in the land of local people as per their requirement through mutual agreement between Contractor/Concessionaire and landowners. 14.That it is humbly submitted that this Hon'ble Court has raised a pin-point query in respect of the disposal of muck in excavation within ROW, which was approx. 400000 cubic meter, it is respectfully submitted that the Answering Respondent No. 4 has received Environmental Clearance for widening and improvement of existing carriage way 2/4 lane of Bilaspur Ner Chowk Section of N.H. 21 from 134.5002 km to 186.500 km in the State of Himachal Pradesh, vide F. No. F.NO.10-118/2011IA.III, ISSUED BY MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE DATED 21.03.2013 AS WELL AS F.NO.1052/2011-IA.III, ISSUED BY MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE DATED 21.03.2013. The Project was completed as per the Environmental Clearances received by the Ministry of Environment, Forest & Climate Change. 15.That it is humbly submitted that for completion of the work, the Respondent No. 4 had obtained necessary permissions from H. P. State Pollution Control Board under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981. Accordingly, Hot mix plant & Crusher was established for crushing of aggregated generated by way of excavation in acquired land/diverted which was used for construction of National Highway

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Copies of CTE (Consent-To-Establish) & CTO (Consent-ToOperate) as per the provisions of aforesaid Act are collectively annexed herewith as ANNEXURE A-1 (COLLY).

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16. That it is humbly submitted that as per the Clause 6(iii)(a) of Environmental Clearance F.NO.10-118/2011-1A.III and as per Clause 7(iii)(a) of Environmental Clearance F.NO.10-52/2011IA.III, it has been specifically provided that no excavation or dumping on private property is carried out without written consent of the owner. It is submitted that the excess muck has been disposed of on the private property as per agreement between Concessionaire/Contractor with landowners. Copies of Agreement between Landowners and concessionaire of NHAI for disposal of muck is annexed herewith as ANNEXURE A-2. 17.That it is humbly submitted that the Answering Respondent No. 4 has complied with the conditions of Environmental Clearances, as stated above, and has not done any mining on the construction of the roads. It is submitted that the construction of Road was only done after obtaining prior permission of the Ministry of Environment, Forest & Climate Change and work of

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cutting of hills is done on acquired land only and the maximum cut material is used in fill sections on highway alignment. The excess muck is disposed off by way of disposal in low lying private lands after entering into Agreement between Concessionaire/Contractor and land owners as per Clause 6(iii)(a) of Environmental Clearance -F.NO.10-118/2011-IA.III and per Clause 7(iii)(a) of Environmental Clearance F.NO.1052/2011-1A.III, as per EPA Notification dated 14.09.2006 and its amendment thereafter, bare minimum cutting of hill within proposed ROW for improvement of black spots, poor curve, location for the safety of the road users as per applicable IRC Hills Guidelines. *

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18.That it is humbly submitted that the cutting of hills, excavation, tunneling, etc. are the generic site-specific engineering requirement for development of national highway as per specific guidelines of IRC/MORTH. It is humbly submitted that the activities, as mentioned above, are not under the purview of mining as per categorization of activities mentioned in EIA Notification under Environment Protection Act, 1986. 19. That it is humbly submitted that while seeking Environmental Clearance from MoEF, the answering respondent no.4 had prepared & submitted EIA & EMP. It was made clear that construction of Highway either in widening or new greenfield 4-lane alignment will involve cutting of hills as well as filling of low sections on acquired/diverted land. Accordingly, MOEF had granted Environmental Clearance vide F. No. F.NO.10-118/2011-ΙΑ.III, ISSUED BY MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE DATED 21.03.2013 AS WELL AS FINO. 10-52/2011-IA.III, ISSUED BY MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE DATED 21.03.2013.

¶209

Copy of the Environmental Clearance vide F. No. F.NO.10118/2011-1A III, ISSUED BY MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE DATED 21.03.2013 is annexed herewith as ANNEXURE A-3.

¶210

Copy of the Environmental Clearance vide F.NO.10-52/2011-1A III, ISSUED BY MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE DATED 21.03.2013 is annexed herewith as ANNEXURE A-4.

¶211

20. That it is humbly submitted that this Hon'ble Court during the hearing on 14.08.2024 has reflected on the issue whether the present matter is covered with the order dated 27.02.2012 passed by Hon'ble Supreme Court in Deepak Kumar etc. versus State of Haryana & Ors. (SLP No. 19628-19629 of 2009). It is humbly submitted that the order dated 27.02.2012 passed in the Deepak Kumar (supra) is not applicable on the present case inasmuch as order is only limited to the leases of minor mineral including their renewal for an area of less than five hectares leases of minor mineral. Moreover it is submitted that the construction of four-lane road of Kirartpur to Nerchowk Section of NH-21 (from Km 0.000 to Km. 12.750 & Km. 182.215 excluding Sundernagar bypass) (Pkg-1) in the State of Punjab & Himachal Pradesh (Brownfield) undertaken by the answering Respondent No. 4 is for the use of public and not under any lease but after compliance of conditions of Environment Clearances and after obtaining prior permission of Ministry of Environment, Forest &

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Climate Change. Furthermore, it is submitted that the excess muck is disposed off in low lying private lands, as per the Agreement with the concerned landowners in accordance with the Environmental Clearance, as mentioned in Para No. 17 of the present Reply and after obtaining Environment Clearance Permissions and the answering Respondent No. 4 has not done any mining for the construction of road as stated above.

¶214

21.That it is humbly submitted that in the present Suo-moto case on the complaint of the complainant herein, the primary issue involved was of hill-cutting by private landowners and a Joint Inspection was carried out with all the stakeholders wherein it has been found that no hill-cutting has been done.

¶215

22. That further it is humbly submitted that no access permission has been taken at the above mentioned locations for which NHAI has issued notices under section 24 of NH Land and Traffic act. 2002 and the same has been submitted by respondent No. 4 vide letter No NHAI/PD/PIU-Mandi/2023-24/Misc/05/681 dated 1906-2024.

¶216

23. That, further, in addition to the above, it is submitted that the subject to monitor the hill-cutting and its regulation does not fall within the jurisdiction of the Answering Respondent No. 4 i.e. NHAI.

¶217

24. That it is submitted that the Answering Respondent No. 4, while constructing the aforesaid highway, which has been completed and its operational since 05.09.2023 for public and the traffic is plying on the same smoothly, has complied with all the statutory conditions.

¶218

25. That it is submitted that as far as the control of access of highway is concerned, NHAI from time-to-time, issued notices u/s 28/29 of the Control of National Highways (Land & Traffic) Act, 2002 for access of the private property on the highways. 26. That it is humbly submitted that to monitor hill cutting & its regulation does not fall under jurisdiction of NHAI. It is submitted that NHAI has implemented the Project within the dedicated ROW acquired as per NH Act, 1956. Hence, NHAI has no purview to monitor any activity or land in question beyond the dedicated ROW of NHAI.

¶219

27. That it is humbly submitted that the Mining Officer has certified in its report to the Regional officer, HPSPCB, Bilaspur, vide its Letter No. MO/BLP/Complaint me Ghumarwin 191/2023-11, dated 02.04.2024 that all the applicable royalties has been deposited by the Concessionaire and no illegal mining has been done by concessionaire during the construction of Kiratpur-Nerchowk highway stretch Copy of the Report issued by the Mining Officer, Bilaspur (H.P.) to the Regional Officer, HPSPCB, Bilaspur, vide its Letter No. MO/BLP/Complaint me Ghumarwin 191/2023-11, dated 02.04.2024 is annexed herewith as ANNEXURE A-5.

¶220

28. That DC Bilaspur has issued SOP to monitor hill cutting permissions vide letter no.19777-19794 dated 29.04.2024 wherein in compliance to CWPIL 31 of 2023 of Hon'ble High Court Shimla, directions have been issued to all SDMs to keep a check on all hill cutting activities and ensure proper muck dumping plan from such landowners.

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¶222

Copy of the SOP issued by the DC, Bilaspur, vide letter No. 19777-19794 dated 29.04.2024 is annexed herewith as ANNEXURE A-6.”

¶223

Report dated 15.09.2025 has been filed by Deputy Commissioner, Mandi. The relevant part of the report dated 15.09.2025 filed by Deputy Commissioner, Mandi is reproduced below:-

¶224

“Now, said matter was re-enquired through SDM Sundernagar, Project Director, NHAI PIU Mandi, Mining Officer Mandi, and Town & Country Planning Department Mandi to provide the latest status on the matter. As per the information received from these departments, the point wise consolidated reply is submitted as under:-

¶225

*Points*	*Reply*
I. Whether any action was taken or not with respect to the abovementioned locations for the cutting/excavating of the land apart from sending show cause notices, If not why? If yes, what is the current status of such action?	In continuation to the show cause notices issued under Section 38 of the HPTCP Act to the owners of land. • As per the status report given by 1 CP Mandi three replies were received frorn the owners of Site Nos. 3.4 & 5, stating that the excavations were cnrried out before the enactment of the HPTCP Act, 1977, in the area. They submitted various proof-s supporting this claim. Consequently, the notices issued to these three sites were withdrawn by the Town Planning office, Sundernagar on 0 1/07/2024, 01/07/2024 & 23/07/2024, respectively. • A subsequent site inspection was again done by the officers/ officials of the TCP office on 21 /07 /2025. During the inspection it was observed that the owner of Site No. 5 Sh. Jagarnath S/o Sh. Gurdas, Viii. Dyohi PO Kangoo, has carried out unauthorized construction. Accordingly a notice under Section 39( I) of the HPTCP Act, 1977 was issued, and a copy was forwarded to HPSEBL & Jal Shakti Vibhag with request to not issue any service connection or, if already issued to I disconnect the same. • Simultaneously, notices under Section 39(1) of the HPTCP Act, 1977 were also issued to the owners of Site Nos. 1, 2 & 6

Points

Reply

I. Whether any action
was taken or not
with respect to the
abovementioned
locations for the
cutting/excavating of
the land apart from
sending show cause
notices, If not why? If
yes, what is the
current status of
such action?

In continuation to the show cause
notices issued under Section 38 of the
HPTCP Act to the owners of land.
• As per the status report given by 1
CP Mandi three replies were received
frorn the owners of Site Nos. 3.4 & 5,
stating that the excavations were
cnrried out before the enactment of the
HPTCP Act, 1977, in the area. They
submitted various proof-s supporting
this claim. Consequently, the notices
issued to these three sites were
withdrawn by the Town Planning
office, Sundernagar on 0 1/07/2024,
01/07/2024 & 23/07/2024,
respectively.
• A subsequent site inspection was
again done by the officers/ officials of
the TCP office on 21 /07 /2025.
During the inspection it was observed
that the owner of Site No. 5
Sh. Jagarnath S/o Sh. Gurdas, Viii.
Dyohi PO Kangoo, has carried out
unauthorized construction.
Accordingly a notice under Section 39(
I) of the HPTCP Act, 1977 was issued,
and a copy was forwarded to HPSEBL
& Jal Shakti Vibhag with request to
not issue any service connection or, if
already issued to I disconnect the
same.
• Simultaneously, notices under
Section 39(1) of the HPTCP Act, 1977
were also issued to the owners of Site
Nos. 1, 2 & 6

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2. The quantity of material excavated from the above- mentioned locations?	The matter got re inquired from SDO(C) Sunder Nagar and Mining officer Mandi, Wherein SDO (C) has submitted that no fresh cutting/ excavation is reported from the above mentioned six locations.
3. Details of the locations where such excavated material was dumped?	The matter got re inquired from SDO(C) Sunder Nagar and Mining officer Mandi), Wherein SDO (C) has submitted that no fresh cutting/ excavation is reported from the above mentioned six locations.
4. What is the status of the proceedings initiated by the show cause notices and whether any penalty was imposed on the violators?	• Town Planner Office, Sundernagar issued six show cause notices under Section 38 of the HPTCP Act. After considering the reply of the owners of Site No. 3.4 & 5, the three sites were withdrawn by the Town Planning office, as per report submitted by the TCP Officer Mandi. • No intimation has been received till date from the remaining three sites/ owners, viz Site 1,2, & 6. • Further a Show-cause Notice has been issued by the Mining Sub- Division Sunder Nagar vide letter no. dated 29.08.2023, to Sh. Kala Ram S/o Sh . Barlaju VPO Dehar Tehsil Sundernagar Distt. Mandi(HP), wherein he stated in his reply that he had no prior knowledge of the cutting undertaken on his private land along four lane and he is a Cancer patient and currently undergoing treatment in IGMC Shimla and has been living in Shimla for the last 40 years.
5. What is the status of permission sought by the violators from the Department of Town and Country Planning?	• None of the owners or violators has applied for any permission from this department.

¶228

Affidavit dated 12.09.2025 has been filed by respondent no. 6-Deputy Commissioner, Bilaspur. In his affidavit respondent no. 6-Deputy Commissioner, Bilaspur has mentioned that vide his office letter dated 19.07.2025, the officials of district administration i.e. Sub-Divisional Magistrate, Ghumarwin, Sub Divisional Magistrate, Jhandutta and officials

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of other concerned departments such as NHAI, Town & Country planning, HPSPCB, HPPWD, District Mines Officer etc, were directed to verify the current status of two sites as referred to in earlier report/replies filed in this matter. Accordingly, further joint inspections were carried out on 20.08.2025 and 26.08.2025 of both the locations and the Deputy Commissioner, Bilaspur has enclosed copy of inspection report as Annexure 1. The relevant part of the report reads as under:-

¶231

“ Joint inspection Report in the matter of OA No. 48/2024 titled as Ashwini Kumar Saini vs. 8tate of H.P. & ors in compliance to the orders of Hon 'ble National Green Tribunal (NGT) dated 07.07.2025. X X X X

¶232

In order to check the current status of two sites as referred to in earlier report/replies filed in this matter, further joint inspections have been carried out on 20.08.2025 and 26.08.2025 specifically of two locations i.e. (1) Khasra No. 773/597 Village Rohin, Tehsil Ghumarwin, Distt. Bilaspur, H.P. (hereinafter called as site No.-1) (2) Khasra No. 418/191/67. Village Kothi, Post Office Behna Jattan, Tehsil Jhandutta, Distt. Bilaspur, H.P. (hereinafter called as site No.-2).

¶233

2. Joint inspection of site No.-1 (Khasra No. 773/597 Village Rohin, Tehsil Ghumarwin, Distt. Bilaspur (HP) :-

¶234

The site was jointly visited on dated 20.08.2025 under the chairmanship of Sub-Divisional Magistrate (SDM) Ghumarwin and by following other members:i. The Representative of Project Director, NHAI PIU-Gutkar Distt. Mandi.

¶235

ii. The Assistant Town Planner, Bilaspur, Distt. Bilaspur. iii. The Representative of Executive Engineer, HPPWD, Division No.-1 Distt. Bilaspur.

¶236

iv. The District Mines Officer, Bilaspur, Distt. Bilaspur. v. The Regional Officer, HPSPCB, Distt. Bilaspur.

¶237

The owner of the land was also asked to be present on the date of joint inspection vide HPSPCB Office letter No 1034-40 dated 05.08.2025, the letter was returned unattended. (Copy enclosed as Annexure-1). The attendance sheet of the joint inspection is enclosed as Annexure-2. During the course of inspection, it was observed that the nature of activity is mainly land leveling and plot development by the way of cutting the hill slope carried out by the present owner of the land Sh. Amar Singh S/o Sh. Lakhu and Sh. Devisaran i.e. site No.-1. However, no excavating/ cutting activity and machinery was observed on the date of inspection (Photograph enclosed as Annexure-3).

¶238

The NHAI authority has issued notice to the owner vide their office letter No. 136, dated: 15.4.2024 and The Town & Country Planning Department has also issued notice to the owner for

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carrying out cutting activities conveyed vide their letter no.33132 dated 20.08.2025 (Copies enclosed as Annexure-4).. The District Mines Officer has also imposed penalty of Rs. 1,32,000/in the form of challan for illegal extraction without permission. (Copy enclosed as Annexure-5). The quantification of excavated material calculated as 23010.30 Cum meter (approx.) from the site No.-1 and details of the location where such excavated material was dumped has been analysed by HPPWD in its report vide letter No. PW/BLP(1)WA/Road/2025-9735-36 dated 11.09.2025 (copy enclosed as Annexure-6). The excavated material has been dumped in the private land of Sh. Amar Nath, S/o Sh. Bhagat Ram, Resident of Village Rohin as intimated by Tehsildar Ghumarwin dated 24.04.2025, (copy enclosed as Annexure-7). The HP State Pollution Control Board has imposed environmental compensation of Rs. 1,00,000/-(One lakh Rupees only) on the land owner Sh. Amar Singh, for unscientific muck dumping in the non perennial nallah. The copy of office order is enclosed as Annexure-08.

¶241

3. Joint inspection of site No.-2 (Khasra No. 418/191/67. Village Kothi, Post Office Behna Jattan, Tehsil Jhandutta, Distt. Bilaspur (HP) (HP):-

¶242

The site was jointly visited on dated 26.08.2025 under the Chairmanship of Sub-Divisional Magistrate (SDM) Jhandutta and by the following members:-

¶243

i. The Representative of Project Director, NHAI PIU-Gutkar Distt. Mandi.

¶244

ii. The Assistant Town Planner, Bilaspur, Distt. Bilaspur. iii. The Representative of Executive Engineer, HPPWD, Division No.-1 Distt. Bilaspur.

¶245

iv. The Representative of District Mines Officer, Bilaspur, Distt. Bilaspur.

¶246

v. The Regional Officer, HPSPCB, Distt. Bilaspur.

¶247

The Project Proponent was also asked to be present on the date of joint inspection vide HPSPCB Office letter No 1096-1101 dated 23.08.2025, the letter was returned unattended, copy enclosed as Annexure-9. The attendance sheet of the joint inspection is enclosed as Annexure- 10. During the course of inspection it was observed that the nature of activity is mainly proposed retail outlet/petrol pump land leveling and plot development by the way of cutting by the present promoter Sh. Sunny Sharma S/o Sh. Vijay Kumar R/O Dughiyar PO Sohari, Tehsil Dhattwal, Distt. Hamirpur (HP) i.e. site No.-2. However, no excavating/ cutting activity and machinery was observed on the date of inspection, (photograph enclosed as Annexure-11).

¶248

No action has been taken against the project proponent as he has obtained permission for the proposed petrol pump from the Deputy Commissioner Bilaspur and NHAI Authority for construction of petrol pump. The copy of permission from NHAI is enclosed as Annexure-12. Excavation activities have already been completed for the construction of petrol pump and the muck generated from the excavation activity has been dumped in private land for land filling adjoining to fourlane in Vill. Kothi, PO Behna Jattan, Tehsil Jhandutta, Distt. Bilaspur and no muck had been dumped in non-designated areas. The quantification of

¶249

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excavated material calculated as 8567.29 Cum meter (approx.) from the site No.-2 and details of the location where such excavated material was dumped has been analysed by HPPWD in its report vide letter No.PW-JSD-Petrol Pump/4-Lane/2025-26822-23 dated 11.09.2025.

¶252

Recommendation for site-1:-

¶253

The members are of the view that appropriate action is required from the NHAI Authority as no access permission has been accorded to the land owner.

¶254

Recommendation for site-2:-

¶255

The members of the joint inspection are of the view that project proponent is required to obtain permission from the Town & Country Planning Department.

¶256

It is recommended that NHAI Authority and Town & Country Planning Department shall ensure the compliance as recommended by the members of the joint inspection”

¶257

The applicant joined the proceedings through mobile phone call on 07.07.2025 but did not appear on 16.09.2025 and did not file any objections to the report of the Joint Committee and rejoinder/objections to the replies filed by the respondents so that there is no ground to doubt the correctness thereof which warrants according of due credence to the same.

¶258

We have heard submissions made by learned Counsel for the respondents and gone through the material on record carefully.

¶259

In the present case the applicant has raised the grievances regarding indiscriminate illegal mining of sand bajri, stone and other material by scraping of the hills at various places on Kirtarpur-Sundernagar National Highway and near Baloh Toll Plaza Bilaspur-Mandi National Highway in Himachal Pradesh by using heavy machinery in violation of environmental norms.

¶260

The Joint Committee constituted by this Tribunal inspected the sites in question in the presence of the applicant and found cutting/excavation at two places (i) Village Kothi, PO Behna Jattan, Tehsil Jhandutta, Distt. Bilaspur (Ahead of B4U Hotel & Restaurant) (Lat: 31.339549, Long:

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¶262

76.735708); and (2) Village Rohin (Near Rohin Bus Stop), Tehsil Ghumarwin, Distt. Bilaspur (Lat: 31.417506, Long: 76.757779) in District Bilaspur.

¶263

The Deputy Commissioner, Bilaspur issued directions to all the Sub Divisional Magistrates to immediately stop the ongoing construction activities without proper permission and in case any construction activity was found to make proper enquiry regarding requisite permission, muck dumping plan and compliance regarding dumping of muck.

¶264

The Joint Committee found cutting/excavation at six places (i) Near Pungh on fourlane (Near Dear Cafe & Lounge), Sundernagar, Distt. Mandi (Lat: 31.509443, Long: 76.87545); (ii) Near Jio Petrol Pump Sundernagar, Distt. Mandi (Lat: 31.503068, Long: 76.874851); (iii) Vill. Chamukha, Sundernagar, Distt. Mandi (Lat: 31.497679, Long: 76.874431); (iv) VPO Jarol, Tehsil Sundernagar, Distt. Mandi (Lat: 31.454402, Long: 76.86005); (v) Near entry to Tunnel No. 4 Fourlane Distt. Mandi (Lat: 31.44571, Long: 76.842077) and (vi) VPO Dehar (Near Baloh Toll Plaza) (Lat: 31.425439, Long: 76.810823) in District Mandi. The Joint Committee observed that above mentioned 05 locations (i.e. 1-5), plot development work had been carried out on private land along the fourlane and at the 6th location i.e. at VPO Dehar Near Baloh Toll Plaza in District Mandi, historical traces of cutting were observed by the committee members. However, no fresh cutting and illegal mining was observed.

¶265

In compliance to direction of the Joint Committee to submit status report, the Mining Officer, Bilaspur informed that no major extraction of mineral was detected within stretch from Gara Moura Toll Plaza to Baloh Toll Plaza (40 Kms.) in District Bilaspur and the Mining Officer, Mandi informed that no illegal mining was observed during the stretch from Sundernagar

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(Pungh) to Baloh Toll Plaza (16 Kms.) in District Mandi. NHAI issued notices to the concerned persons for unauthorized access from National Highways with direction to obtain requisite permission from National Highway Administrator.

¶268

President, Sundernagar Progressive Development Forum made statement dated 15.05.2024 that they were satisfied with the handling of the situation by the Administration and that there were no more violations.

¶269

However, in the present case we find laxity on the part of the concerned authorities in making requisite inspections and carrying out proper monitoring and taking appropriate remedial action. Rule 3 of the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 was amended by the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Third Amendment Rules, 2022 by insertion of clause (iii) which provides that “the removal of clay/soil upto a depth of 1.5 meter from the general ground level for the purpose of development of agricultural land and plot in private land shall not be treated as mining activities. The clay/soil so generated during such development activity may be utilized by brick kiln owners or any other manufacturing unit using such clay/soil as raw material on a lump-sum payment of Rs. 1 lakh per year per brick kiln unit/manufacturing unit as royalty. For transportation of clay/soil, the land owner/contractor shall apply to the Mining Officer on Form-‘ZB’. The concerned Mining Officer may visit or get the area inspected for assessment of stock.” In the present case, cutting/excavation work is stated to have been carried out by the local residents in private land for plot development and the muck generated is stated to have been utilized in private land for land filling and levelling work

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and no minerals are stated to have been extracted for the purpose of sale and commercial activities. The concerned authorities- the Mining Department and HPPCB have stated that the activities do not fall within purview of mining and do not require consent of HPPCB. However, the Mining Department did not carry out requisite inspection and verify quantity extracted, its dumping/utilization for land filling in private land and file any report before this Tribunal in this regard. Subsequently, penalty has been imposed on owner of site no 1 in Bilaspur and environmental compensation has been imposed on Amar Nath for violations in this regard. Further, as per the notification dated 28.06.2023 of the Town and Country Planning Department , new construction work along the four lane required permission from Town and Country Planning Department and also grant of access from NHAI under Section 28/29 of the National Highways (Land and Traffic) Act, 2002. The owners of sites no. 1 to 6 in District Mandi did not obtain requisite permission from the Town and Country Planning Department and grant of access from NHAI which still remains to be taken in the present case as shown by the present status reports filed in the case and the owner of site no. 1 in District Bilaspur did not obtain requisite access from NHAI and owner of site no. 2 in District Bilaspur did not obtain permission from the Town and Country Planning Department and appropriate action still remains to be taken in the present case as shown by the status reports filed in the case referred to hereinafter.

¶272

Present Status regarding sites in District Mandi

¶273

It may be observed here that letter dated 09.09.2025 written by Additional Deputy Commissioner, Mandi on behalf of the Deputy Commissioner, Mandi to Mr. Divyanshu Kumar Srivastava, Panel Counsel has been filed before this Tribunal by attaching index mentioning the same

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to be report on behalf of Deputy Commissioner, Mandi. We express our displeasure to filing of reports in such manner without following the rules framed in this regard.

¶276

In the above said letter it has been mentioned that Town Planner Office, Sundernagar issued six show cause notices under Section 38 of the Himachal Pradesh Town and Country Planning Act, 1977 (HPTCP Act, 1977). After considering the reply of the owners of Sites No. 3.4 & 5, the three show cause notices were withdrawn by the Town Planning office, as per report submitted by the TCP Officer Mandi. No intimation has been received till date from the remaining three sites owners, viz Site 1,2, & 6. Further a Showcause Notice has been issued by the Mining Sub-Division Sunder Nagar vide letter no. dated 29.08.2023 to Sh. Kala Ram S/o Sh. Barlaju VPO Dehar Tehsil Sundernagar Distt. Mandi (HP), wherein he stated in his reply that he had no prior knowledge of the cutting undertaken on his private land along four lane and he is a Cancer patient and currently undergoing treatment in IGMC Shimla and has been living in Shimla for the last 40 years. None of the owners or violators has applied for any permission from the Department of Town and Country Planning.

¶277

We find the claim made by owners of sites no. 3, 4 and 5 as to excavation before commencement of HPTCP Act, 1977 to be contradictory to the report of the Joint Committee constituted by this Tribunal which specifically mentioned the excavation at site no. 6 to be historical (meaning the same to be old one) and did not mention plot development work in sites no. 1 to 5 to be historical (meaning the same to be old one). Therefore, District and Town Planner, Mandi is required to look into the matter and verify the facts and take appropriate action against the owners of sites no. 3, 4 and 5 on the basis thereof. So far as owners of sites no. 1, 2 and 6 are

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concerned the show cause notices issued to them have not been disposed of and the District and Town Planner, Mandi is required to look into the matter and verify the facts and take appropriate action against the owners of sites no. 1, 2 and 6.

¶280

Present Status regarding sites in District Bilaspur

¶281

In the inspection report enclosed by the Deputy Commissioner, Bilaspur with his affidavit dated 12.09.2025 it has been mentioned with respect to Site No. 1 that the District Mines Officer has imposed penalty of Rs. 1,32,000/- in the form of challan for illegal extraction without permission. The quantification of excavated material was calculated as 23010.30 Cum meter (approx.) from the Site No-1 and details of the location where such excavated material was dumped has been analysed by HPPWD in its report vide letter No. PW/BLP(1)WA/Road/2025-9735-36 dated 11.09.2025. The excavated material has been dumped in the private land of Sh. Amar Nath, S/o Sh. Bhagat Ram, Resident of Village Rohin as intimated by Tehsildar Ghumarwin dated 24.04.2025. The HPSPCB has imposed environmental compensation of Rs. 1,00,000/-(One lakh Rupees only) on the land owner Sh. Amar Singh, for unscientific muck dumping in the non perennial nallah.

¶282

In the inspection report enclosed by the Deputy Commissioner, Bilaspur with his affidavit dated 12.09.2025 it has been mentioned with respect to Site No. 2 that the nature of activity is mainly proposed retail outlet/petrol pump land leveling and plot development by the way of cutting by the present promoter Sh. Sunny Sharma S/o Sh. Vijay Kumar R/O Dughiyar PO Sohari, Tehsil Dhattwal, Distt. Hamirpur (HP). No action has been taken against the project proponent as he has obtained permission for

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the proposed petrol pump from the Deputy Commissioner Bilaspur and NHAI Authority for construction of petrol pump. Excavation activities have already been completed for the construction of petrol pump and the muck generated from the excavation activity has been dumped in private land for land filling adjoining to fourlane in Vill. Kothi, PO Behna Jattan, Tehsil Jhandutta, Distt. Bilaspur and no muck had been dumped in non-designated areas. The quantification of excavated material calculated as 8567.29 Cum meter (approx.) from the Site No. 2 and details of the location where such excavated material was dumped has been analysed by HPPWD in its report vide letter No.PW-JSD-Petrol Pump/4-Lane/2025-26-822-23 dated 11.09.2025.

¶285

In the inspection report enclosed by the Deputy Commissioner, Bilaspur with his affidavit dated 12.09.2025 it has been recommended for Site No. 1 that appropriate action is required from the NHAI Authority as no access permission has been accorded to the land owner and it has been recommended for Site No. 2 that project proponent is required to obtain permission from the Town & Country Planning Department.

¶286

Directions by the Tribunal

¶287

In view of the above discussion the present original application is disposed of with the following directions:-

¶288

(i) Respondent no. 1-State of Himachal Pradesh through its Chief Secretary is directed to issue, within three months from the date of receipt of a copy of this order, appropriate instructions to all the Deputy Commissioners and other concerned authorities in the State of Himachal Pradesh that no illegal mining is carried out by any one by scrapping the hills and also that no plot development work is carried out in private land by scraping of the hills without obtaining

¶289

O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors.

¶290

¶291

permission from the concerned authorities including the District Town and Country Planner;

¶292

(ii) NHAI and the Town & Country Planning Department are directed to take appropriate action in view of the recommendations made in the inspection report enclosed as Annexure 1 with affidavit dated 12.09.2025 of the Deputy Commissioner, Bilaspur within three months and to file compliance reports within two weeks after expiry of the period of three months;

¶293

(iii) NHAI and the Town & Country Planning Department are directed to look into the matter and verify the facts and take appropriate action against the owners of sites no. 3, 4 and 5 and also owners of Sites No. 1, 2 and 6 in accordance with law within three months and file compliance report in this regard within two weeks after expiry of the period of three months;

¶294

(iv) The amount of penalty of Rs. 1,32,000/- imposed by the District Mines Officer, Bilaspur and environmental compensation amount of Rs. 1,00,000/- imposed by HPPCB are ordered to be utilized, on realization from the violators, for remediation of environmental damage caused due to illegal excavation within six months from the date of realization and action plan for utilization may be prepared and implemented by HPPCB within six months and report in this regard may be filed two weeks after expiry of the period of six months; and

¶295

(v) Respondent no. 3-HPSPCB is directed to carry out requisite periodical inspections and in cases of illegal excavation, to take appropriate action against the violators for imposition of environmental

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O.A No. 48/2024 Ashwini Kumar Saini Vs. State of H.P.& Ors. 39

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compensation and realization and utilization of the same for remediation of environmental damage caused in accordance with law.

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Compliance reports as directed above may be filed before Ld. Registrar General of this Tribunal who may place the matter before the Bench immediately in case of non-receipt of reports within the periods mentioned above and in case of receipt of reports, if further orders are considered to be necessary.

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A copy of this order may be sent to the Chief Secretary, Government of Himachal Pradesh, Member Secretary, HPSPCB, Chief Executive Officer, NHAI, Deputy Commissioners, Mandi and Bilaspur respectively and the District Town and Country Planner, Mandi by email for requisite compliance.

¶300

Arun Kumar Tyagi, JM

¶301

Dr. Afroz Ahmad, EM

¶302

October 15^th 2025 AG

Ashwini Kumar Saini vs

Case brief

What is this about?

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Ashwini Kumar Saini vs

Case brief

What is this about?

What did the court decide?

What the court decided

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