JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. Devi Das Khatri has initiated present proceedings by filing Original Application (hereinafter referred to as ‘OA’) under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act 2010’) complaining about mining activities of Silica Sand in the area located in Block Shankargarh and nearby areas like Pervaizabad, Lalapur, Bankipur, Janwa, Dhara etc. of District Prayagraj, State of Uttar Pradesh, in an illegal manner and in utter violation of environmental and other laws. The substantial questions relating to environment arising due to implementation of Enactments Scheduled under NGT Act 2010, as formulated by applicant are, as under:

“1) Whether the Respondents are under an obligation to protect and improve the quality of the environment and prevent illegal, unsustainable and unscientific extraction of silica sand, in accordance with the laws and regulations laid down in the acts specified in Schedule I of the NGT Act, 2010?

(2) Whether proper safeguards/steps have been undertaken by the concerned authorities to control and prevent illegal and unsustainable mining of silica sand operatin