Mining approvals must comply with the District Survey Report and environmental regulations, emphasizing the need for replenishment studies and accurate assessments of mineral potential.

JUDGMENT

BY HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER

1. The applicant-Balbir Sandhu has filed the present original application under Sections 14 and 18 of the National Green Tribunal seeking the following reliefs:-

“a) To quash the impugned letters dated 27/02/2023, 25/01/2023 and 18/05/2023 whereby the Director, Mines and Geology, Haryana has approved the Mining Plans of a). R M Mines, b), SCP Commodities and c). Reliable Mining Corporation, respectively as the same are in violation of District Survey Plan, Ambala as well as against the provisions of Environment Protection Rules, 1986 and the notifications issued by the Ministry of Environment, Forests, and Climate Change, Government of INDIA.

b) Direct Chief Secretary, Haryana to appoint NODAL OFFICER (Joint Secretary Rank) for the purpose securing riverine ecology of the Rivers mentioned in the District Survey Plan Ambala.

c) Direct Respondents and in particular Chief Secretary, Haryana to create effective mechanism that extraction of Mineable Minerals shall be done in accordance with District Survey Report, Ambala. d) Pass any other or further orders, as this Hon’ble Court may deem fit and proper in the circumstances of the present case.”

2. The applicant has submitted that Hon’ble Supreme Court in its Judgment dated 27.02.2012 in I.A. No.12-13 of 2011 in Special Leave Petition (C) No.19628-19629 of 2009 in the matter of Deepak Kumar etc. Vs. State of Haryana and Others etc. made prior Environment Clearance (EC) mandatory for mining of minor minerals irrespective of the area of mining lease. In order to comply with the judgment of Hon’ble Supreme Court, the Ministry of Environment, Forests & Climate Change, Government of India (MoEF & CC) issued Notification No. S.O.141 (E) dated 15.01.2016. Further, MoEF&CC published Sustainable Sand Mining Management Guidelines, 2016 (SSMG, 2016) for scientific and sustainable sand mining in the Country. Vide order dated 05.04.2019 passed in O.A. No. 360/2015 titled as National Green Tribunal Bar Association & Anr. Vs. Union of India & Ors. this Tribunal ordered revision of above said guidelines. In Compliance thereof, MoEF & CC issued Enforcement and Monitoring Guidelines for Sand Mining, 2020 (EMGSM, 2020). Notifications dated 15.01.2016 and 25.07.2018 issued by MoEF & CC empowered District Environment Impact Assessment Authority (DEIAA) to deal and grant EC for mining falling under category ‘B2’ in the Schedule to EIA notification 2006 and to prepare District Survey Report for sand mining, river bed mining and mining of other minerals as per the prescribed procedure. In accordance with the same State of Haryana prepared the District Survey Report for District Ambala, Haryana (Ambala DSR 2022). 3. The applicant has further submitted that vide letters dated 28.07.2022 respondent no. 5-Director, Mines and Geology, Haryana issued letters of intent (LOIs) in favour of respondent no. 8-M/s R. M. Mines & Infra Pvt. Ltd, respondent no. 9-M/s SCP Commodities and respondent no. 10-M/s Reliable Mining Corporation for extraction of Minor Mineral Boulder, Gravel and Sand having tentative area of 247 Acres, 99.09 Acres and 105.51 Acres respectively in District Ambala and directed them to obtain Environmental Clearance (EC) and to prepare Mining Plan along with Mine Closure Plan (Progressive as well as Final) and to get the same approved from the office of Director, Mines and Geology, Haryana. Respondent no. 8-M/s R. M. Mines & Infra Pvt. Ltd, respondent no. 9-M/s SCP Commodities and respondent no. 10-M/s Reliable Mining Corporation submitted their Form I to the State Environment Impact Assessment Authority, Haryana (SEIAA Haryana) and also submitted their Mining Plan and Mining Closure Plan to respondent no. 5- Director, Mines and Geology, Haryana. Respondent no. 5- Director, Mines and Geology, Haryana. approved the Mining Plans of respondent no. 8-M/s R. M. Mines & Infra Pvt. Ltd., respondent no. 9-M/s SCP Commodities and respondent no. 10-