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2025 Supreme(Online)(NGT) 85
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
MR. JUSTICE SHEO KUMAR SINGH, DR. AFROZ AHMAD, JJ
AMIT KUMAR SURYAWANSHI – Appellant
Versus
UNION OF INDIA – Respondent
Appeal No. 10/2024 / BHOPAL
For the Petitioner: PRABHAT KUMAR YADAV
For the Respondent:
Environmental Clearances must comply with statutory requirements, including public hearings and environmental safeguards, to ensure lawful mining operations.
Headnote:(A) Environmental Impact Assessment Notification, 2006 - Environmental Clearance - Appeal against the grant of Environmental Clearance by SEIAA for sand mining project - Allegations of illegal mining and non-compliance with EC - The project was approved after a public hearing and compliance with environmental regulations. (Paras 1, 2, 25, 26)
(B) Public Hearing - Requirement of public consultation in environmental clearance process - The public hearing was conducted transparently, allowing community input and addressing concerns raised. (Paras 11, 25)
(C) Compliance with Environmental Regulations - The project complies with all environmental safeguards, including pollution mitigation measures and was approved by SEAC and SEIAA. (Paras 27, 28)
Facts of the case:
The appeal challenges the SEIAA's order granting Environmental Clearance for a sand mining project in Madhya Pradesh, alleging illegal mining and non-compliance with regulations.
Findings of Court:
The court found no merit in the appeal, affirming that the EC was granted following due process and that the project complies with environmental regulations.
Issues: The main issues were the legality of the EC granted and allegations of illegal mining.
Ratio Decidendi: The court ruled that the EC was validly issued following the EIA Notification, and the allegations of illegal mining were unsubstantiated.
Result: Appeal dismissed.
ORDER
1. Challenge in this appeal is the or der dated 29.05.2024 (Annexure- A/1) issued by the respondent nos. 2 and 5 granting the environmental clearance in favour of the project proponent.
2. Aggrieved by the order, this appeal has been filed on the ground that the EC granted by the respondents are bad in eyes of law and some of the contractors of Balaghat are not working in accordance with EC or working without EC.
3. It is further alleged that respondent no. 10 is a habitual offender or there is a illegal mining. Notices were issued to the respondent and in compliance thereof the respondent has filed the reply. We have heard learned counsel for the parties and perused the record.
4. Learned counsel for the State PCB has submitted that Madhya Pradesh State Mining Corporation Limited, Authorized Person Shri Omkar has applied for public hearing as per the provisions of the EIA Notification 2006. This is an Open Cast Manual Method Sand Mining located at Khasra No. 01, 671 & 507 Village-Khursipar, Sakri, Arandiya of the Area 21.00 Hect Capacity 60,000 Cubic Meter Tehsil- Keolari Dist-Seoni which is located on the River Hirri.
5. The MP PCB has conducted public hearing as per the EIA Notification, 2006 for the Sand Project of 1 (A) Mining of minerals Sakari- Khurisipara-Arandiya River sand quarry located in District Seoni, Madhya Pradesh. This project is being undertaken by Madhya Pradesh State Mining Corporation Limited. The process of the public hearing was undertaken in the following manner:
i. That the notice of public hearing was published in newspaper on 20.02.2024.
ii. The Public hearing was conducted in the chairmanship of Shri Ashish (IAS), SDM Keolari as per notification. Objection, suggestion and comments received during public hearing which is sent to Head Office/MP SEIAA along with proceeding and reply of MP State Mining Corporation. The copy of proceeding of public hearing was also sent to Collector Office, CEO Jila Panchayat & Local Gram Panchyat for observation.
iii. That the Videography and photography was also done during the public hearing in the place.
6. That after Environmental Clearance was granted by the SEIAA MP State Mining Corporation Limited had applied for Consent to Operate under section 25 of the Water (Prevention & Control of Pollution) Act, 1974 & under section 21 of the Air (Prevention & Control of Pollution) Act, 1981 on dated 01/06/2024. The Board has issued the Consent to Operate for five years to State Mining Corporation Limited on dated 06/06/2024.
7. Submission of the learned counsel for the Madhya Pradesh State Environmental Impact Assessment Authority are that pursuant to the Letter of Intent dated 31.05.2023 and in consonance with the provisions of Rule 5(4) of the Madhya Pradesh Sand (Mining, Transport, Storage, and Trade) Rules, 2019, the ownership and operational control of all sand mines within the territorial jurisdiction of the State of Madhya Pradesh were formally transferred to the Madhya Pradesh State Mining Corporation Limited. This transfer includes, but is not limited to, the eleven (11) identified sand mines located within District Seoni. The said transfer of rights and responsibilities is to remain in effect for a stipulated tenure of ten (10) years from the effective date.
8. The Project Proponent, i.e., MPSMCL applied for Prior EC for sand mine situated at Khasra No. 01, 671, 507, Village-Khursipar, Sokri, Arandiva, Tehsil-Keolari, District-Seoni, admeasuring 21.00 hectares for a quantity of 60000 cum sand per year, in compliance Environment Impact Assessment Notification, 2006.
9. The Mining Department, Seoni, communicated to the answering respondent the issuance of an Ekal Praman Patr, wherein the following information and particulars were provided:
10. After thorough evaluation and scrutiny of the documents and information submitted by the project proponent in accordance with the relevant legal and regulatory framework, the Terms of Reference were duly issued by the answering res
