ORDER

1. This appeal questions four Environmental Clearances (EC) dated 16.03.2018, 26.12.2018, 15.10.2020 and 15.10.2020 with respect to the four mines situated at Gata No. 2558 in village Bandhauli, Tehsil Urai, District Jalaun, UP on the ground that such clearances have been granted in violation of EIA Notification dated 14.09.2006 and Sustainable Sand Mining Guidelines (SSMG), 2016 in favour of Respondent Nos. 7 to 9, Rupesh Kumar Chauhan, R/o 2/588, Tulsinagar Pollusheet Post Kathgodam, Haldwani, District Nainital, Uttarakhand, M/s Khajuraho Motors Pvt. Ltd., through its Director, Yashpal Singh Parmar, District Chatarpur, MP and M/s ASVP Construction, through its Partner, Sumit Saxena, District Gonda, UP, respectively.

2. The appeal is barred by limitation and is not even otherwise a composite appeal is not maintainable under Section 16 of the NGT Act against four separate ECs. Accordingly, the appeals as such are dismissed.

3. Inspite of above position, with a view to do substantial justice, waiving procedural requirements, this Tribunal finds that there are prima facie violations of environmental norms which can be directed to be remedied under sections 14 and 15 of the NGT Act. The appeal may be registered as Application.

4. The averments in the application show that mining permitted is in violation of environmental norms prohibiting instream mining, mining without the replenishment studies, environmental management plans, mine closure plans and other requisite safeguards. This position is reiterated inter alia in orders of this Tribunal dated 21.05.2021 in O.A. No. 103/2021 , Shyam Babu v. State of Uttar Pradesh & Ors., wherein this Tribunal referred to earlier orders dated 30.05.2017 in O.A. No. 78/2015 (CZ) reported in 2017 SCC Online NGT 1097 and 26.02.2021 in O.A. No. 360/2015, NGT Bar Association v. Virender Singh (State of Gujarat) and other connected matters. Relevant extracts are reproduced below:-

order dated 30.05.2017 in O.A. No. 78/2015 (CZ) reported in 2017 SCC Online NGT 1097:

20. In the light of the above, we answer the question that has been referred to us that no river sand mining is permitted in the submerged area in accordance with the Sustainable Sand Mining Guidelines 2016 alternatively in so far as the issue whether it can be permitted in the submergence areas is concerned our answer to the same is that in submergence area which may be a wider area than the one actually submerged as a submergence area would encompass the full reservoir level of the river or the high flood level of the river recorded by in any case where the mineral is exposed and not in stream such sand mining in accordance with the Sand Mining Guidelines 2016 and the conditions imposed in the environmental clearance may be carried out.

order dated 26.02.2021 in O.A. No. 360/2015, NGT Bar Association v. Virender Singh (State of Gujarat) etc.

1to26..xxx...xxxxxx

27. We direct all the States/UTs to strictly follow the SSMG- 2016 read with EMGSM-2020 reinforced by mechanism for preparation of DSRs (in terms of directions of this Tribunal dated 14.10.2020 in Pawan Kumar, supra and 04.11.2020 in Rupesh Pethe, supra), Environment Management Plans, replenishment studies, mine closure plans, grant of EC (in terms of direction dated 13.09.2018 in Satendra Pandey, supra), assessment and recovery of compensation (as per discussion in Para 25), seizure and release of vehicles involved in illegal mining (in terms of order dated 19.02.2020 in Mushtakeem, supra), other safeguards against violations, grievance redressal, accountability of the designated officers and periodical review at higher levels. As already noted, EMGSM-2020 contemplates extensive use of digital technology, including remote sensing.

28. We further direct that periodic inspection be conducted by a fi