ORDER

1. Grievance in this application is against unregulated illegal sand mining by Respondent No. 13 – Rajashree Behera (Project Proponent, PP) in Kenapali Sand bed in Brahmani River under Lahunipara Tehsil of Sundergarh District.

2. According to the applicants, the PP is using heavy machines, undertaking mining during monsoon, doing mining beyond permitted quantity without proper record in violation of environmental norms. There is no demarcation of the lease area. Vehicles used for transportation are overloaded and are not covered, resulting in air pollution. There is no replenishment study. Requisite procedure for cluster mining has not been followed. There is no GPS tracking of vehicles. E-transit pass or CCTV cameras are not provided in terms of Sand Mining Enforcement and Monitoring Guidelines, 2020. There is no prefeasibility report and Environment Management Plan. The PP was granted CTE, CTO and mining lease but regulatory measures have not been followed for scientific and sustainable mining in terms of permission granted. The applicant approached the statutory regulators but no remedial action has been taken.

3. Vide order dated 8.12.2021, the Tribunal considered the grievance and issued notice to the respondents, including District Magistrate, Sundergarh, SEIAA, Odisha, State PCB and the PP. The Tribunal also constituted a joint Committee to verify the allegations and to assess environmental compensation taking into account cost of restoration measures. Operative part of the order is reproduced below:

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11. Considering the nature of allegations made in the Original Application and the photographic evidence filed therein, we consider it pertinent to constitute a Committee comprising of the following Members:-

i) Senior Scientist from Ministry of Environment, Forest and Climate Change, Integrated Regional Office, Bhubaneswar, Odisha;

ii) Senior Scientist from Odisha State Pollution Control Board;

iii) Senior Scientist from State Environment Impact Assessment Authority (SEIAA), Odisha;

iv) District Magistrate, Sundergarh District, Odisha; and v) Deputy Director of Mines, Koira Circle, District-Sundergarh. The State Environment Impact Assessment Authority (SEIAA), Odisha, shall be the Nodal Office for all logistic purposes and the District Magistrate-Sunderarh, shall provide all the assistance as may be required by the SEIAA, Odisha.

12. The Committee constituted above shall submit its report with regard to the allegations made in the Original Application in paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 15, 17, 19, 20 and 27, relating, inter-alia, to Mechanical Mining, Mining beyond 1 meter depth, Mining in Safety Zone and close to River Bank, Excess Mining and Transportation through Heavy Vehicles, Sand Mining during Monsoon Period, No Pillar Posting in the lease area, No Display Board (information details) of Statutory Clearances, Sand Mining beyond Lease Area, Carrying Capacity of the road and impact of plying of sand loaded heavy vehicles on the local population, Impact of Flow Pattern of the river water, Transportation of sand loaded heavy vehicles through the village roads (PMGSY) which may have resulted in complete damage to the roads, suffering causing to the local peoples due to violation of environmental norms, the Replenishment Study and Pre and Post Monsoon Assessment whether conducted or not.

13. The Committee shall submit its report within a period of six weeks. The Committee shall also submit its report with regard to the violations of the Sustainable Sand Mining Guidelines, 2016 and the Enforcement and Monitoring Guidelines for Sand Mining 2020.

14. We also direct that if the Committee finds any violation of environmental norms during inspection, the Committee shall evaluate the loss of revenue caused to the State Exchequer due to excess mining, determine the Environmental Compensation, cost of restoration of the environment/river bed a