ORDER

1. The issue raised in the present application is mining in district Panna, Madhya Pradesh in violation of Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019. It is alleged that tender was granted for the mining for excavation of 27 numbers of Sand quarries in the district of Panna, Madhya Pradesh having following anomalies:

i. Some of the Sand quarries are not mentioned in the Tender documents but despite of that EC has been given over the same and the contractor is carrying out mining activities over the same.

ii. No District Survey Report has been prepared before starting the operations of the sand quarries in the District of Panna.

iii. The scientific annual replenishment study which is mandatory as per the MOEF Guidelines as well as various judgments of the Hon’ble Apex Court and NGT has not been conducted by the Non-Applicant officials before starting the excavation of sand.

iv. No response to the complaints filed by Applicant from the non-applicant officials, which establishes the fact that various anomalies have been done as a result of which the Environmental loss is occurring tremendously on daily basis and the environmental norms are being violated at the threshold.

The above highlighted issues have resulted in degradation of the environment as the river stretch of River Ken in the area in question is despoiled because of unauthorised and illegal mining of sand which is against environmental norms.

2. Another issue that is raised in the present matter is regarding the sand mining excavation going over private lands belonging to farmers and the contractor is entering into agreement with the farmers stating specifically that the contractors shall be excavating sand from the private lands of these farmers.

3. The matter was taken up on 13.04.2021 and a committee was constituted as follows :

1. District Collector, Panna or Representative and

2. Madhya Pradesh Pollution Control Board/representative and direct them to submit a factual and action taken report within 4 weeks.

The report may be submitted in the matter by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.

4. In compliance thereof, the joint committee has submitted the report which is as follows :

5. The Joint committee has also attached Annexure-1 with regard to the units, who have been granted authority the Water (Prevention and Control of Pollution) Act, 1974 The Air (Prevention and Control of Pollution) Act, 1981 & iznw"k.k fu;a=.k cksMZ ls izkIr lEefr dk fooj.k &

6. The respondents no. 1 & 2 have filed the reply as follows :

“4. It is also observed in the report that as a highest successful bidder in the auction total 27 sand quarry leases were sanctioned, out of 27 sanctioned sand quarry leases l0 sand quarry leases are actually found operational after obtaining prior Environmental Clearance from SEIAA and valid consent to operate from MPPCB and sand quarry leases, anywhere or any type of excavation u:as not found except these t0 sand quarry leases at the time of inspection.

5. By issuance of notification of MoEF & CC dated 15.01.2016, it has become mandatory for each and every district to prepare the District Survey Report, hence in compliance to the same the report for Panna District was prepared by the Directorate of Geology and Mines, Madhya Pradesh Bhopal on 16.03.2016. The Project Proponent/Contractor was also duly instructed to comply with the guidelines framed by the MoEF &CC regarding the submission of replenishment and mining plan in view of the same the replenishment and mining plan were submitted by Project Proponent/Contractor which were duly approved by the competent Authority.

6. The District Mining Branch has initiated drive against illegal mining and has registered 140 cases of illegal transportation, 12 cases of illegal mining and 13 cases of illegal storage and further the District Mining Branch all is specially keeping vigilant eye upon types of ille