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2024 Supreme(Online)(NGT) 3339
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, A. Senthil Vel, Expert Member, Afroz Ahmad, Expert Member
Sampurna Nand – Appellant
Versus
Ideal Visions Arazi No 131 – Respondent
Original Application No. 450/2024|OA521/2022
For the Appellants/Petitioners: Applicant in Person (through VC)
For the Respondents: Mr. Gi. GI.C. George, Mr. Mukesh Verma, Ms. Vatsala Tripathi, Mr. Pradeep Misra, Mr. Umesh Kumar Gupta, Ms. Deeksha L. Kakar, Ms. Shivali Singh, Mr. Rashneet Singh
Strict enforcement of pollution control norms mandatory for stone crushers; operation prohibited until environmental compensation paid.
Headnote:Under Sections 14 and 15 of the National Green Tribunal Act, 2010, the Tribunal addressed environmental violations from illegal mining and stone crushing in Mirzapur villages, including dust pollution, blasting near Jargo Dam, and non-compliance with consent conditions under Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974. Joint Committee reports identified 40 mining leases and 26 stone crushers operating without adequate dust control, water sprinkling, or safety measures, posing health hazards and risks to nearby dam and habitations. The Tribunal found prima facie violations warranting action. Key issues involved implementation of environmental laws, CTO compliance, and blasting impacts near critical infrastructure. Ratio emphasized strict enforcement of pollution control norms, revocation of CTOs for violations, environmental compensation, and coordinated monitoring by authorities, referencing Clause 13 of EC conditions and CPCB guidelines. The OA was disposed of directing non-operation of respondent's unit until environmental compensation deposit, with strict compliance enforcement by District Magistrate and police.
| Table of Content |
|---|
| 1. suo-moto cognizance of illegal mining complaints under ngt act. (Para 1 , 2 , 3) |
| 2. joint committee findings on dust, blasting violations near dam. (Para 4 , 5 , 6) |
| 3. cto violations and recommendations for revocation, compensation. (Para 7 , 12) |
| 4. tribunal orders reports, impleads parties, separates cases. (Para 8 , 9 , 10 , 11 , 13 , 14) |
| 5. prohibit operation until compensation paid; ensure compliance. (Para 15 , 16 , 17 , 18) |
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. | District | Name and address of the Stone Crushers Unit Units | Status of Validity CTO |
| 1 MIRZAPUR | M/S ABHIYAN CONSTRUCTION, CHAKJATA, AHRAURA, CHUNAR MIRZAPUR | CTO revoked |
| 2 MIRZAPUR | M/S MAA GAYATRI STONE WORKS, SONPUR, AHRAURA, CHUNAR | Issued 31.07.2026 | |||
| 3 MIRZAPUR | M/S MAHAKAL MINNING & CONSTRUCTION , SONPUR, BHAGWAT, CHUNAR, MIRZAPUR. | Issued 31.07.2025 | |||
| 4 MIRZAPUR | M/S P.N.C. INFRASTECH LTD,, SONPUR, CHUNAR, MIRZAPUR | Issued 31.07.2026 | |||
| 5 MIRZAPUR M/S S.U. ENTERPRISES,, SONPUR, CHUNAR | CTO expired | ||||
| 6 MIRZAPUR | M/s UMA STONE WORKS, ARAZI NO 140,57 ka, SONPUR BHAGWAT AHRAURA CHUNAR | Issued 31.07.2024 | |||
| 7 MIRZAPUR | MIRZAPUR M/s IDEAL VISIONS ARAZI NO. 131, VILLAGE- SONPUR, PARGANA-BHAGWAT, TEHSIL- CHUNAR, DISTRICT-MIRZAPUR | Issued 31.07.2025 | |||
| 8 MIRZAPUR | M/S RAJ ASSOCIATE CRUSHER PLANT,VILLAGE- SONPUR, PARGANA-BHAGWAT, TEHSIL- CHUNAR, DISTRICT-MIRZAPUR | Issued 31.07.2025 | |||
| 9 MIRZAPUR | M/s RAJ LAXMI ENTERPRISES, VILLAGE- SONPUR, PARGANA-BHAGWAT, TEHSIL-CHUNAR, | Issued 31.07.2026 | |||
| 10 MIRZAPUR | DISTRICT-MIRZAPUR M/s R.K. CONSTRUCTION C0.,VILLAGE- SONPUR, PARGANA-BHAGWAT, TEHSIL-CHUNAR, | Issued 31.07.2027 | |||
| 11 MIRZAPUR | DISTRICT-MIRZAPUR M/s MAA SHITLA STONE (STONE CRUSHER UNIT),VILLAGE-SONPUR, PARGANA- BHAGWAT, TEHSIL-CHUNAR, DISTRICT-MIRZAPUR | Issued 31.07.2026 | |||
| 12 MIRZAPUR | M/S P.B.R. INFRATECH PRIVATE LTD., UNIT- 04, VILL.-SONPUR, TEH.-CHUNAR, MIRZAPUR | Issued 31.07.2027 | |||
| 13 MIRZAPUR | M/S P.B.R. INFRATECH PRIVATE LTD., UNIT- 03, VILL.-SONPUR, TEH.-CHUNAR, MIRZAPUR | Issued 31.07.2026 | |||
| 14 MIRZAPUR | M/s ASHIRWAD STONE (EX. NAME M/S ASHIRWAD STON | ||||
