ECs by DEIAA for mining <5 ha granted post 13.09.2018 but pre 11.12.2018 not per se illegal; require SEIAA re-appraisal within time, else mining stops. Post-11.12.2018 DEIAA ECs illegal.

JUDGMENT

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

1. This Appeal under Section 16(i) read with Section 18(1) of National green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been filed by M/s. Rahul Paharia Mine, being aggrieved by the decision dated 28.05.2024 of State Level Environment Impact Assessment Authority, Rajasthan (hereinafter referred to as ‘SEIAA Rajasthan’) taken in its 5.124^th meeting, held on 27.05.2024, item 17, closing and delisting the re-appraisal proposal of Environmental Clearance (hereinafter referred to as ‘EC’) for Silica Sand Mining Project Mining Lease No. 12/2010, Area- 4.9991 hectares at khasra no. 898, 899, 900, 901 and 902, located near village Dantli, Tehsil and District-Dausa, State of Rajasthan on the ground that EC dated 26.11.2018 issued by District Environment Impact Assessment Authority, Dausa (hereinafter referred to as ‘DEIAA Dausa’ for expansion, over and above the capacity granted by SEIAA Rajasthan on 19.07.2015, was without jurisdiction, null and void.

2. Learned Counsel for the appellant contended that the above order amounts to rejection of the application for appraisal of EC by SEIAA Rajasthan, therefore, decision is appealable under Section 16(i) of NGT Act, 2010.

3. The facts in brief are that appellant Rahul Paharia was granted mining lease on 18.04.2013 for mining of Silica Sand over a mining lease area of 4.9991 hectares in village Dantli, Tehsil and District-Dausa, State of Rajasthan. SEIAA Rajasthan vide letter dated 19.07.2015 granted EC under Environment Impact Assessment Notification dated 14.09.2006 (hereinafter referred to as ‘EIA 2006’) for Silica Sand Mining Project, Mining Lease No. 12/2010, Area-4.9991 hectares, at khasra no. 898, 900, 902, 901 and 899. The production capacity approved by EC dated 19.07.2015 was 1,25,000 Tonnes per Annum.

4. Appellant sought to increase production capacity to 307010 Tonnes per Annum and applied for grant of EC under EIA 2006, due to expansion of project, in 2018. In view of amendment vide Notification dated 15.01.2016 in EIA 2006 where the area was less than 5 hectares, the power to grant EC was conferred upon DEIAA, and accordingly, DEIAA Dausa granted EC for expansion of project vide letter dated 26.11.2018.

5. Amendment Notification dated 15.01.2016 and two others Notifications dated 20.01.2016 and 01.07.2016 amending EIA 2006 were challenged in OA 186/2016, Satendra Pandey vs. Ministry of Environment, Forest and Climate Change & Another and other connected matters. Notifications were assailed on the ground that procedure for obtaining prior EC in respect of mining of minor minerals for areas from 0 to 25 hectares has been diluted by bringing in within B2 category and granting exemption to such category from public consultation is in violation of Supreme Court’s judgment dated 27.02.2012 in Deepak Kumar vs. State of Haryana, (2012) 4 SCC 629. Procedure of creation of B2 category and exemption from preparation of Environment Impact Assessment Report, Environment Management Plan and also appraisal by DEIAA and DEAC comprising the members who have no expertise and scientific knowledge to assess environmental implications was challenged in totality.

6. Vide judgment dated 13.09.2018 passed in Satendra Pandey vs. MoEF&CC & Another (supra), Tribunal found that the procedure prescribed for grant of prior EC to the projects falling in category B2 was not consistent with Supreme Court’s judgment in Deepak Kumar vs. State of Haryana (supra).

7. Tribunal ultimately directed MoEF&CC to bring the amendment Not