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2024 Supreme(Online)(NGT) 2688

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Sampurna Nand – Appellant
Versus
Satya Narayan Singh Construction Pvt Ltd – Respondent
Original Application No. 456/2024|OA521/2022



Advocates:
For the Appellants/Petitioners: None
For the Respondents: Gi. Gi. C. George|Pradeep Misra|Daleep Dhyani|Umesh Kumar Gupta|Mukesh Verma|Yatinder Chaudhary|Vatsala Tripathi|Deeksha L. Kakar|Shivali Singh|Rashneet Singh

Stone crushers must comply with pollution control norms; non-payment of environmental compensation bars operations.

Headnote:Under Sections 14 and 15 of the National Green Tribunal Act, 2010, the Tribunal took cognizance of complaints regarding illegal mining and stone crushing activities causing environmental damage and health hazards in specified villages. Joint Committee reports highlighted violations including lack of CTOs, inadequate dust control, non-operational sprinkling systems, and blasting near Jargo Dam. The Court found prima facie environmental violations but noted partial compliances post-inspections. Key issues involved implementation of Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974, non-compliance with consent conditions, and risks to nearby dam and habitations. Ratio emphasized strict enforcement of pollution control measures, revocation of CTOs for violations, and recovery of environmental compensation for remediation. Original Application disposed of with directions for payment of Rs. 9,12,500/- environmental compensation, operation suspension until payment, preparation of remediation plan, and periodic inspections.

Table of Content
1. suo-moto cognizance of illegal mining complaints. (Para 1 , 2 , 3)
2. joint committee reports violations in crushers and mines. (Para 4 , 5 , 6)
3. committee recommendations for monitoring and compliance. (Para 7 , 9 , 10 , 11)
4. specific violations and remedial actions by uppcb. (Para 12 , 13 , 15 , 16 , 17)
5. directions for compensation payment and enforcement. (Para 18 , 19 , 20 , 21 , 22)

ORDER

1. This Original application (hereinafter referred to as ‘OA’) has been registered on a letter petition dated 19.04.2022 sent by Sampurna Nand and received by Tribunal on 28.04.2022 under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401. After scrutiny, it was registered as OA521/2022, Sampurna Nand vs. State of Uttar Pradesh

2. Complainant Sampurna Nand had stated that in the villages Bhagauti Dei, Sonpur, Biyahur and Chakjata, Pargana Bhagwat, P.S Ahraura, Tehsil Chunar, District Mirzapur, illegal blasting and extraction of boulders, patia, gitti, etc., is causing damage to environment and health hazards to local villagers. Due to illegal activities, entire area is covered with clouds of dust, etc.

3. Tribunal took cognizance of the matter on 01.09.2022 and being prima facie satisfied that allegations do constitute and give rise to substantial question relating to environment arising out of implementation of enactments specified in Schedule I of NGT Act, 2010, therefore, adjudication of Sections 14 and 15 of NGT Act, 2010 is imperative, but before proceeding further, found it appropriate to constitute a Joint Committee for submission of a factual Report. The Joint Committee comprised of Regional Office, MoEF&CC, Lucknow, Director, Directorate of Geology and Mining, Uttar Pradesh State PCB and District Magistrate, Mirzapur.

4. Pursuant to above order, Joint Committee submitted Report dated 03.02.2023 and made its observations separately in respect of mining leases and stone crushers. In respect of mining leases, report said that 40 such leases were operating in 04 villages i.e., Bhagauti Dei, Sonpur, Biyahur and Chakjata. List of the said mining leases is also given in the report. In regard to status of stone crushers, Report said that there are 26 stone crushers operational and list of said stone crushers is as under:-

S.No.DistrictName and address of the Stone Crushers Unit UnitsStatus of Validity CTO
1 MIRZAPURM/S ABHIYAN CONSTRUCTION, CHAKJATA, AHRAURA, CHUNAR MIRZAPURCTO revoked
2 MIRZAPURM/S MAA GAYATRI STONE WORKS, SONPUR, AHRAURA, CHUNARIssued 31.07.2026
3 MIRZAPURM/S MAHAKAL MINNING & CONSTRUCTION , SONPUR, BHAGWAT, CHUNAR, MIRZAPUR.Issued 31.07.2025
4 MIRZAPURM/S P.N.C. INFRASTECH LTD,, SONPUR, CHUNAR, MIRZAPURIssued 31.07.2026
5 MIRZAPUR M/S S.U. ENTERPRISES,, SONPUR, CHUNARCTO expired
6 MIRZAPURM/s UMA STONE WORKS, ARAZI NO 140,57 ka, SONPUR BHAGWAT AHRAURA CHUNARIssued 31.07.2024
7 MIRZAPURMIRZAPUR M/s IDEAL VISIONS ARAZI NO. 131, VILLAGE- SONPUR, PARGANA-BHAGWAT, TEHSIL- CHUNAR, DISTRICT-MIRZAPURIssued 31.07.2025
8 MIRZAPURM/S RAJ ASSOCIATE CRUSHER PLANT,VILLAGE- SONPUR, PARGANA-BHAGWAT, TEHSIL- CHUNAR, DISTRICT-MIRZAPURIssued 31.07.2025
9 MIRZAPURM/s RAJ LAXMI ENTERPRISES, VILLAGE- SONPUR, PARGANA-BHAGWAT, TEHSIL-CHUNAR,Issued 31.07.2026
10 MIRZAPURDISTRICT-MIRZAPUR M/s R.K. CONSTRUCTION C0.,VILLAGE- SONPUR, PARGANA-BHAGWAT, TEHSIL-CHUNAR,Issued 31.07.2027
11 MIRZAPURDISTRICT-MIRZAPUR M/s MAA SHITLA STONE (STONE CRUSHER UNIT),VILLAGE-SONPUR, PARGANA- BHAGWAT, TEHSIL-CHUNAR, DISTRICT-MIRZAPURIssued 31.07.2026
12 MIRZAPURM/S P.B.R. INFRATECH PRIVATE LTD., UNIT- 04, VILL.-SONPUR, TEH.-CHUNAR, MIRZAPURIssued 31.07.2027
13 MIRZAPURM/S P.B.R. INFRATECH PRIVATE LTD., UNIT- 03, VILL.-SONPUR, TEH.-CHUNAR, MIRZAPURIssued 31.07.2026
14 MIRZAPURM/s ASHIRWAD STONE (EX. NAME M/S ASHIRWAD STONE WORKS) BHAGAUTI DEI, PATIHATTA, CH

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