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2024 Supreme(Online)(NGT) 3776
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
MR. B. AMIT STHALEKAR, J, DR. ARUN KUMAR VERMA, EM
Bimal Baroi & Ors. – Appellant
Versus
State of Assam & Ors. – Respondent
Original Application No.94/2024/EZ (Earlier O.A. No.96/2024/PB)
For the Respondents: Mr. Surendra Kumar, Ms. Amrita Pandey, Ms. Malabika Roy Dey, Mr. Chandan Choudhary
The court ruled that all sand mining activities are to be halted until the District Survey Report is completed and approved, ensuring environmental protection.
Headnote:(A) Environmental Law - Assam Minor Mineral Concession Rules, 2013 - Sustainable Sand Mining Management Guidelines, 2016 - Allegations of unlawful sand mining affecting environment - Tribunal directs cessation of mining activities until District Survey Report (DSR) is completed and approved. (Paras 14, 16)
(B) Present Case Status - The examination reveals that the DSR for Hailakandi District is pending, leading to the stay of all mining activities. (Paras 13, 14)
Facts of the case:
Allegations were made against illegal sand mining causing environmental degradation, prompting a Joint Committee inspection.
Findings of Court:
It was determined that no mining should proceed until the DSR is finalized and approved, ensuring adherence to environmental norms.
Issues: Whether unlawful sand mining is taking place and the grounds on which activities can proceed?
Ratio Decidendi: The court emphasized the necessity of the DSR completion before allowing any mining operations, reinforcing environmental oversight.
Result: Application disposed of with restrictions on mining activities until compliance with regulations.
| Table of Content |
|---|
| 1. hearing status and representation issues. (Para 1 , 2 , 3) |
| 2. joint committee recommendations on mining operations. (Para 4 , 6) |
| 3. mandatory district survey reports prior to mining. (Para 8 , 12) |
| 4. decision on halting mining activities until compliance. (Para 14) |
ORDER
1. Case called out. No one is present on behalf of the Applicants. On 13.08.2024 and 27.09.2024 also no one has appeared on behalf of the Applicants, though notice was issued to the Applicant/Complainant vide order dated 27.09.2024.
2. Affidavit dated 04.12.2024 has been filed by the Respondent No.7, Purnam Deb; the same is taken on record.
3. Affidavit dated 10.12.2024 has been filed by the Respondent No.3, State Environment Impact Assessment Authority (SEIAA), Assam; the same is taken on record.
4. Affidavit dated 27.11.2024 has been filed on behalf of the Respondent No.4, District Commissioner, Hailakandi; the same is taken on record.
5. We have heard the Counsel for the parties present and have perused the documents on record.
(Final order of this case will be uploaded in the NGT website by separate sheets of papers)
ORDER
1. This matter has been received from the New Delhi Bench of the Tribunal where the case was earlier registered as Original Application No.96/2024/PB and upon transfer the said Original Application has been re-numbered as Original Application No.94/2024/EZ.
2. The relevant part of the letter petition enumerating grievances of the Applicants is reproduced as follows:-
“X X X X
With reference to the subject cited above, We the local people of Lalacherra Grant tea garden area, we have been seen that the Lalacherra Sand Mining ( Mohal ) awarded as the name of Punam Deb ( Silchar ) in 2022. But they are started of sand mining unlawful) without following the guidelines of AMMCR 2013 rules and also their mining plans. That Sir, the extraction of sand from the river bed will not go beyond the depth of 3.0 mtrs from the unmined top level of river bed at any point under the provision of rule 39(iii) of 2013 but they are illegally extracted of sand above 3.0 mtr. For that reason, in this rain season soil collapsed from bank of river both side, as a result there are so many trees have been collapsed and destroyed. That sir, Another incident is happened on 22-08-2023 there are a small paved bridge connection Chuta Nunai Village over the Lalacherra Nala in the mining area is on the verge of collapse. As a result of which the bridge is currently leaning to one side. There is a possibility of collapse at any moment. And if the bridge is broken the people of Chota Nunai area faces so many problems. So many students used to go school on this bridge. But they have not bothered any rules and regulations. That sir, Sand collection at limited quantity through manual as stated on mining plan and also -2013 rules but they are using JCB excavator and Sand Machine. That sir, the sand extracted and stacked will not exceed twice the average monthly production as stated on -2013 rules but they are stacked huge amount of sand at various location of stock Yard. So, we would like to respectfully request your honour kindly to take necessary action on illegal mining, we will very grateful to you.”
3. At the time of admission, the Tribunal constituted a Joint Committee comprising of the following Members:-
(i) Central Pollution Control Board,
(ii) Assam Pollution Control Board, and
(iii) District Magistrate, Haila kandi,
4. The Committee was directed to inspect the site in question and submit a Fact Finding Report with remedial action.
5. Affidavit dated 11.07.2024 has been filed on behalf of the Respondent No.2, Pollution Control Board, Assam. Along with this affidavit, an Inspection Report of an inspection carried out by the Joint Committee on 22.05.2024 has been filed as Annexure-C. The Inspection Report reads as under:-
“Inspection Report in the matter of OA No.96/2024 (Bimal Baroi & Ors. -vs- State of Assam & Ors.
1.0 BACKGROUND
The Hon'ble NGT, Principal Bench, N
