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2024 Supreme(Online)(NGT) 3373
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, A. Senthil Vel, Expert Member, Afroz Ahmad, Expert Member
Sampurna Nand – Appellant
Versus
Mahakal Mining and Construction – Respondent
Original Application No. 446/2024 | OA521/2022
For the Respondents:Mr. Gi. GI.C. George, Advocate for State of U.P., Mr. Mukesh Verma And Ms. Vatsala Tripathi, Advocates for Mining Department (Through VC), Mr. Pradeep Misra, Advocate for UPPCB (Through VC), Umesh Kumar Gupta, RO UPPCB
NGT upholds closure and compensation for stone crusher violating air pollution control norms and CTO conditions.
Headnote:Under Sections 14 and 15 of NGT Act, 2010, the Tribunal registered an application based on a letter petition alleging illegal mining and stone crushing activities causing dust pollution and health hazards in specified villages. Joint Committee reports identified violations including inadequate dust control, non-compliance with CTO conditions, and operations near Jargo Dam without NOC. The court found prima facie environmental violations requiring adjudication. Key issues involved substantial questions relating to environment under Schedule I enactments, non-operational sprinkling systems, partial coverage of machinery, and blasting impacts near habitations and dam. Ratio emphasized strict compliance with Air Act, 1981 conditions, revocation of CTO for violations, and recommendations for buffer zones, drone monitoring, and coordination between departments. The application against the respondent stone crusher was disposed of, noting closure order and environmental compensation already imposed, with liberty to pursue statutory appeal.
| Table of Content |
|---|
| 1. registration of oa on illegal mining complaints under ngt act. (Para 1 , 2 , 3) |
| 2. joint committee reports violations in crushers and mines. (Para 4 , 5 , 6 , 7) |
| 3. tribunal orders responses and impleads stone crushers. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. disposal confirming closure and appeal liberty. (Para 14 , 15 , 16 , 17 , 18 , 19) |
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 Section 14 & 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 STONE WORKS) BHAGAUTI DEI, PATIHATTA, CHUNAR, MIRZAPUR | Issued 31.07.2025 | |||
| 15 MIRZAPUR M/S ELIT STONES BH | |||||
