ORDER

1. Grievance in this application is against illegal mining in Villages Bhagwa, Agorikhas, Khewandha and Rediaya, Tehsil Obra, and Villages Korgi, Tehsil Dudhi, District Sonbhadra, UP.

2. According to the applicant, Poclain Machines are used for mining by Respondent Nos. 11 to 20 - Kewal son of Ram Khelawan, Ramnath Tiwari son of Shabhu Nath Tiwari, Shankar son of Khannu, Somaru son of Budhhu, Tapeshi son of Sadan, Shiv Prasad son of Dadai, Soni Devi wife of Rajkumar, Lalmani son of Dangar, Jamuna Prasad son of Viran and Ram Pyare son of Sarju. Requisite District Survey Report (DSR) has not been prepared nor Environmental Clearance (EC) granted as required under the Sand Mining Guidelines, 2020 read with the EIA Notification, 2006 as well as judgment of Hon(cid:146)ble Supreme Court of India in Deepak Kumar Vs. State of Haryana (2012) 4 SCC 629 and State of Bihar vs. Pawan Kumar & Ors., (2022) 2 SCC 348. It is further stated that the area where mining is undertaken is within the periphery of 1 Km of forest area and also within the periphery of Son River.

3. Vide order dated 30.03.2022, the Tribunal sought a factual and action taken report from a joint Committee comprising of SEIAA, UP, State PCB and District Magistrate, Sonbhadra. It was further directed that if any violations are found, the statutory regulators may take remedial action and inform the affected parties about the proceedings before this Tribunal.

4. Report was filed by the State PCB on 13.06.2022, finding the violations as mentioned in the report. The report is reproduced below:

(cid:147)1. Shri Kewal S/o Shri Ramkhelawan- at Gata No. 161, 162 Ka, Area-1.1240 hectare Village-Khebhandha, Tehsil-Obra, District-Sonbhadra.

a) As per records available in Mining Department, Sonbhadra, mining permit was issued for mining of sand/morrum for 03 months i.e. (06.01.22- 05.04.2022).

b) At the time of inspection milling was being conducted at the site because the mining validity period was lapsed.

c) No mining tools such as poclain, J.C.B machines etc.

were present at the site.

d) As per records available in the Mining Department, it has been reported that during inspection on dated 21.01.2022, a poclain machine was being used for mining of sand/morrum and accordingly Rs. 50,000/- penalty was imposed against permit holder and accordingly deposited the penalty by the concerned permit holder.

e) As per record, the mines permit was issued in compliance of Rule-52 of Uttar Pradesh Minor Mineral (Concession)

Rule-2021.

f) At the time of inspection of the team, soil overburden of average thickness of 1 meter from top soil was found.

g) Milling pits were left abandoned without reclaiming which may harm living creatures including human, in rainy season.

As per facts mentioned above, Environmental Compensation should be imposed against mine permit holder for using mechanised tools for mining of sand/morrum.

(All documents related mining lease annexed as Annexure no. 1A & 1B)

2. Shri Ramanth Tiwari S/o Sambhu Nath Tiwari- at Gata No. 15 Yian , Area-2.365 hectares, Village-Bhagwa, Tehsil-

Obra, District-Sonbhadra.

a) As per records available in Mining Department, Sonbhadra, mining permit was issued for mining of sand/morrum for 03 months i.e. (06.01.2022- 05.04.2022).

b) At the time of inspection mining was not being conducted at the site because the mining validity period was lapsed.

c) No mining tools such as poclain, J.C.B machines etc.

were present at the site.

d) As per record the mines permit was issued in compliance of Rule-52 of Uttar Pradesh Minor Mineral (Concession)

Rule-2021.

e) Mining pits were left abandoned without reclaiming which may harm living creatures including human, in rainy season.

f) Abandoned mines pits were partially filled with ground water when inspected, which reflects that mining was done bellow the ground water level.

(All documents related mining lease annexed as Annexure no. 2)

3. Shri Shankar S/o Khannu, Gata No. 302 Ka, 303, 304, 305 Ka, 306 Ka & 307, Village-Aghori Khas,