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2024 Supreme(Online)(NGT) 3323
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Aravalli Bachao Citizens Movement – Appellant
Versus
Union of India – Respondent
Original Application No.362/2022
For the Appellants/Petitioners: Rahul Chaudhary, Itisha Awasthi
For the Respondents: Rahul Khurana, Dinesh Kumar, Anil Kumar, Daljeet Singh, Vikrant Panchanda
NGT defers Aravalli mining case to Supreme Court to avoid parallel proceedings contradicting higher court orders.
Headnote:Under Sections 14 and 15 of the National Green Tribunal Act, 2010, the application sought directions to halt illegal stone and sand mining in the Aravalli range, restore damaged areas, penalize errant officials, and establish a dedicated protection authority. Essential facts include the Aravallis acting as a barrier against desertification, with field visits confirming violations at 16 sites despite a 2009 Supreme Court prohibition on mining in specified Haryana districts. The court noted prima facie environmental issues, appointed a Joint Committee that verified extensive illegal mining and degradation, but deferred due to ongoing Supreme Court proceedings. Key issues involved contravention of the Supreme Court order in M.C. Mehta v. Union of India and failure to implement environmental safeguards. The Tribunal's reasoning emphasized avoiding parallel proceedings that could contradict Supreme Court directives, referencing the 2009 suspension of mining until certified reclamation plans and recent 2024 orders for uniform definitions and compliance affidavits. The Original Application was disposed of, granting liberty to parties to approach the Supreme Court for intervention or impleadment.
| Table of Content |
|---|
| 1. application seeks halt to illegal aravalli mining and restoration. (Para 1 , 2 , 3) |
| 2. joint committee confirms violations; prior orders issued. (Para 4 , 5 , 6 , 7) |
| 3. supreme court oversees aravalli mining prohibition and compliance. (Para 8 , 9) |
| 4. ngt closes case, refers to supreme court. (Para 10 , 11 , 12) |
ORDER
1. The applicant, a non-partisan group of citizens from National Capital Region and across India has filed the present application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) for issuing directions to respondents 2 to 6 to take steps to stop illegal stone and sand mining, undertake restoration activities, take strict action against defaulting officials and constitute an independent Aravalli Protection Authority for protection of the entire Aravalli range from further degradation.
2. The applicant has submitted that Aravallis serve as a natural barrier between Thar Desert and Northern part of the country and thereby reducing chances of desertification. The green forest cover helps in regulating temperature and maintaining rainfall pattern in and around the Aravallis. Destruction of Aravallis will lead to decreased forest cover, increase in pollution level, temperature and climate events in North India including National Capital Region of Delhi. With the environmental degradation of Aravallis, the water security of Northern India will be threatened and there will be an increase in human-animal conflict. Supreme Court vide order dated 08.05.2009 passed in I.A No. 1967 in I.A No. 1785 in Writ Petition (C) No. 4677 of 1985 titled as M.C. Mehta Vs. Union of India reported as (2009) 6 SCC 142 had prohibited all mining operations in Aravalli Hill Range falling in Faridabad, Gurugram and Nuh (Mewat) districts in the State of Haryana within the area of approximately 480 sq. kilometers.
3. The applicant has further submitted that despite prohibition of mining in the area, illegal mining is taking place in the area. The members of applicant undertook field visits to illegal mining sites in the months of March-April, 2021, June-July, 2021 and November 2021 to March 2022. During the site visits, it was found that the illegal mining is happening on 16 locations in contravention of abovementioned judicial verdict and environmental laws. At many locations, substantial portions of hills have been mined and taken away and, in some instances, completely razed to the ground. The members of applicant took photographs and made videos of the ongoing illegal mining and destruction caused to Arvallis as a result thereof. Along with these, they have also taken GPS coordinates of the said locations. With the use of GIS technology, they have also prepared the Satellite images and toposheets of the areas where illegal mining is being done. The Satellite images and toposheets have also confirmed ongoing illegal mining. The applicant made complaints dated 15.04.2021, 20.4.2021 and 31.05.2021 about illegal mining at 4 locations. The applicant also sent representation dated 07.03.2022 regarding illegal mining at 11 locations. However, neither any response has been received from any authority nor any action has been taken to stop illegal mining till date.
4. Tribunal took cognizance of the complaint on 23.05.2022 and being prima-facie satisfied that a substantial question relating to environment has arisen due to implementation of enactments specified in Schedule I to NGT Act, 2010, issued notices to respondents. It also sought a Factual Report by constituting a Joint Committee comprising representatives of Ministry of Environment, Forest and Climate Change (hereinafter referred to as ‘MoEF&CC’); Central Pollution Control Board (hereinafter referred to as ‘CPCB’); Haryana State Pollution Control Board (hereinafter referred to as ‘HSPCB’); Principal Chief Conservator of Forest (HoFF); Director, Mining & Geology; Director General of Police; and, Commissioner, Gurugram Division
