Back
2024 Supreme(Online)(NGT) 4367
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
SUDHIR AGARWAL, J, DR. AFROZ AHMAD, ACJ
Jagat Singh – Appellant
Versus
State of U.P. – Respondent
Original Application No.94/2024
For the Applicants: None
For the Respondents: Mr. Bhanwar Pal Singh Jadon, Ms. Priyanka Swami, Ms. Simran Sehgal, Mr. Pradeep Misra, Mr. Sandeep Mishra, Mr. Surbhit Nandan, Mr. Yatharth Rohilla, Mr. Nihal Singh Shekhawat
The Tribunal mandated authorities to take effective measures against illegal mining and imposed significant environmental compensations to uphold environmental integrity.
Headnote:(A) National Green Tribunal Act, 2010 - Sections 14 and 15 - Illegal mining and stone crushing activities in Gautam Budha Nagar - Application filed concerning violations leading to environmental degradation - Orders issued for sealing sites, imposing environmental compensation, and compliance reporting. (Paras 1-22)
(B) Environmental Law - The Tribunal took note of the responsive actions by various authorities to address unlawful mining operations, including sealing of sites and initiating environmental compensation proceedings to deter illegal mining and groundwater extraction. (Paras 3-22)
Facts of the case:
The case arises from a complaint of large-scale illegal mining activities causing environmental harm, prompting the Tribunal to exercise suo-moto jurisdiction and implement corrective measures.
Findings of Court:
Actions taken include sealing sites, issuance of show cause notices for imposed environmental compensation of Rs. 91,35,000/- on implicated parties, and directives for compliance reporting by authorities.
Issues: Primary issues involve effective responses by authorities to illegal mining activities and adequacy of measures to prevent environmental degradation.
Ratio Decidendi: The Tribunal underscored the necessity for stringent measures against illegal mining activities, emphasizing the compliance of relevant statutes and imposing environmental compensations as a deterrent to violations.
Result: Application disposed of.
| Table of Content |
|---|
| 1. application filed regarding illegal mining issues. (Para 1 , 2) |
| 2. responses and actions taken by authorities to address illegal mining. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. contentions raised by respondents challenging actions. (Para 18 , 19) |
| 4. final orders issued by the tribunal. (Para 20 , 21 , 22) |
ORDER
1. This original application was entertained in exercise of suo-moto jurisdiction under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) taking cognizance of a letter petition dated 31.08.2022 received from Jagat Singh S/o Rajaram R/o Village Gejha Tilpatabad, District Gautam Budha Nagar complaining about large-scale illegal mining and stone crushing activities in Village Asgarpur, District Gautam Budha Nagar and illegal extraction of water through bore-wells causing damage to environment.
2. Tribunal taking cognizance of complaint on 23.04.2024 found it appropriate to implead following as respondents:-
(1) State of Uttar Pradesh through the Chief Secretary, State of Uttar Pradesh,
(2) Principal Secretary, Irrigation and Water Resources Department, Uttar Pradesh,
(3) Uttar Pradesh Pollution Control Board and
(4) District Magistrate, Gautam Budh Nagar
3. Respondents were directed to file their responses. Tribunal also constituted a Joint Committee comprising representatives of Irrigation and Water Resources Department, Uttar Pradesh, Uttar Pradesh Pollution Control Board and District Magistrate, Gautam Budh Nagar to submit a factual report, at least one week before the next date and next date was fixed on 03.07.2024.
4. Joint Committee submitted report vide letter dated 28.06.2024 through Regional Officer UP pollution Control Board (hereinafter referred to as ‘UPPCB’). Report said that site inspection was carried out along with “Anti-encroachment drive and Sealing’ on 24.06.2024. Machinery used for crushing of stones in the area was mostly mobile in nature and no permanent plant machinery or labour was available on the site at the time of inspection but processed material was available in bulk. Accordingly single entry point used for movement of heavy vehicles and transportation of material was sealed by Joint Committee and handed over to concerned Station House Officer, Sector 126 and Officers of Revenue Department. Joint Committee, in the light of the findings on site, issued following directions through District Magistrate, Gautam Budhnagar:-
a) Directions have been issued to Police Commissioner, Gautam Buddha Nagar vide letter no. 255/L-193/24 dated 24.06.2024 to ensure sanctity of the sealing done in the area through concerned SHO and also form an independent Naka Chowki for said area to curb such activities henceforth. Copy of the said letter has been annexed as Annexure IV of the report.
b) Directions have been issued to Sub-Divisional Magistrate, Dadri and Sub-Divisional Magistrate, Sadar, Gautam Buddha Nagar vide letter no. 256/L-193/24 dated 24.06.2024 to ensure sanctity of the seal in the area through concerned Lekhpal and also identify owners of concerned Khasra No. as per revenue records where the illegal crushing and storage of coarse sand is being carried out and initiate necessary action against defaulters. Copy of the said letter has been annexed as Annexure V of the report.
c) Directions have been issued to District Mining Officer, Gautam Buddha Nagar vide letter no. 257/L-193/24 dated 24.06.2024 to carry out survey of minerals/ores/sand in the area, assess its quantum and take action against defaulters under the provisions of law. Copy of the said letter has been annexed as Annexure VI of the report. Mining department, Gautam Buddha Nagar in turn has issued a letter to Regional Office on 24.06.2024 to direct the surveyor to carry out survey in the said area so that further action may be initiated.
d) Directions have been issued to Irrigation Department vide letter no.258/L-193/24 dated 24.06.2024 to identify all i
