Dredging permitting commercial removal of river bed minerals in eco-sensitive zones constitutes illegal mining requiring environmental clearance, not exempt under disaster management; attracts polluter pays compensation up to 10% sale price.

JUDGMENT

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

1. This Original Application (hereinafter referred to as ‘OA’) was registered by Tribunal 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, in the light of complaint made in the Letter Petition dated 09.04.2022, sent by Ridhima Pandey, daughter of Dinesh Chandra Pandey, resident of 16 A, Sadhu Belapuram Colony, Haripur Kalan, District-Dehradun who claims herself to be a Global Climate activist and engaged in protection of environment and forest since her childhood when she was 9 years old age.

2. Complainant has said that Nandhaur Wildlife Sanctuary (hereinafter referred to as ‘NWS’) is situated in the Haldwani Forest Division of Nainital District in State of Uttarakhand. The area is surrounding NWS has been notified as “Eco-Sensitive Zone” (hereinafter referred to as ‘ESZ’). The upstream part of Nandhaur River falls under ESZ.

3. Uttarakhand Government Industrial Development Department (Mining), vide letter dated 07.01.2022 and the follow up letter/order issued by District Magistrate, Nainital on 25.03.2022 had authorised M/s. A.P. S. Infra Engineers Pvt. Ltd. (hereinafter referred to as ‘respondent 4 or project proponent’) to collect river bed mineral lying in ESZ of Nandhaur river for a duration of 06 months. The permission was granted with reference to the powers under Disaster Management Act, 2005 (hereinafter referred to as ‘DM Act, 2005’). The order permits collection of minerals from an area which falls under “Reserve Forest” as well as part of “ESZ of NWS”.

4. District Magistrate, Champawat also, following the same procedure, permitted collection of river bed mineral from upper stream part of Sharda Barrage, Tanakpur vide order dated 05.04.2022 with reference to the provisions of DM Act, 2005. The area, where collection of minerals was allowed by District Magistrate, Champawat, is also part of “Reserve Forest”.

5. Haldwani Forest Division of both the rivers i.e., Nandhaur and Sharda are rich bio-diversity area and important Schedule I Wildlife habitat and ESZ. Mining activity in such area is harmful to wildlife and their habitat and may cause big loss to environment.

6. Government of India, under the provisions of Forest (Conservation) Act, 1980 (hereinafter referred to as ‘FC Act, 1980’) reserves right to grant permission for collection of minor minerals from any river that passes through “Reserve Forest” but at the time of granting permission, volume of river bed minerals to be collected is surveyed by Expert Institutions as well as National Board for Wildlife. Environmental Clearance (hereinafter referred to as ‘EC’) is to be taken in advance. If it is not incumbent or necessary to remove river bed minerals from river bed for safety of human life under DM Act, 2005, then permission should be granted only after taking expert team’s opinion about river bed minerals removal from the rivers and the removed river bed m