Item No. 05 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Appeal No.10/2024(CZ)

Amit Kumar Suryawanshi Appellant(s)

Vs Union of India & Ors. Respondent(s)

Date of Hearing: 31.01.2025 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Appellant(s): Mr. Prabhat Yadav, Adv.

For Respondent(s) : Mr. Yadvendra Yadav, Adv.

Dr. Sapna Aggarwal, Adv. Ms. Parul Bhadoria, Adv. Mr. Rishabh Kumar, Adv.

(for Mr. Shoeb Hasan Khan, Adv.)

Mr. Bharat Singh, Adv.

ORDER

1. Challenge in this appeal is the or der dated 29.05.2024 (Annexure-

A/1) issued by the respondent nos. 2 and 5 granting the environmental clearance in favour of the project proponent.

2. Aggrieved by the order, this appeal has been filed on the ground that the EC granted by the respondents are bad in eyes of law and some of the contractors of Balaghat are not working in accordance with EC or working without EC.

3. It is further alleged that respondent no. 10 is a habitual offender or there is a illegal mining. Notices were issued to the respondent and in compliance thereof the respondent has filed the reply. We have heard learned counsel for the parties and perused the record.

4. Learned counsel for the State PCB has submitted that Madhya Pradesh State Mining Corporation Limited, Authorized Person Shri Omkar has applied for public hearing as per the provisions of the EIA Notification 2006. This is an Open Cast Manual Method Sand Mining located at Khasra No. 01, 671 & 507 Village-Khursipar, Sakri, Arandiya of the Area 21.00 Hect Capacity 60,000 Cubic Meter Tehsil-

Keolari Dist-Seoni which is located on the River Hirri.

5. The MP PCB has conducted public hearing as per the EIA Notification, 2006 for the Sand Project of 1 (A) Mining of minerals Sakari- Khurisipara-Arandiya River sand quarry located in District Seoni, Madhya Pradesh. This project is being undertaken by Madhya Pradesh State Mining Corporation Limited. The process of the public hearing was undertaken in the following manner:

i. That the notice of public hearing was published in newspaper on 20.02.2024.

ii. The Public hearing was conducted in the chairmanship of Shri Ashish (IAS), SDM Keolari as per notification. Objection, suggestion and comments received during public hearing which is sent to Head Office/MP SEIAA along with proceeding and reply of MP State Mining Corporation. The copy of proceeding of public hearing was also sent to Collector Office, CEO Jila Panchayat & Local Gram Panchyat for observation.

iii. That the Videography and photography was also done during the public hearing in the place.

6. That after Environmental Clearance was granted by the SEIAA MP State Mining Corporation Limited had applied for Consent to Operate under section 25 of the Water (Prevention & Control of Pollution) Act, 1974 & under section 21 of the Air (Prevention & Control of Pollution) Act, 1981 on dated 01/06/2024. The Board has issued the Consent to Operate for five years to State Mining Corporation Limited on dated

06/06/2024.

7. Submission of the learned counsel for the Madhya Pradesh State Environmental Impact Assessment Authority are that pursuant to the Letter of Intent dated 31.05.2023 and in consonance with the provisions of Rule 5(4) of the Madhya Pradesh Sand (Mining, Transport, Storage, and Trade) Rules, 2019, the ownership and operational control of all sand mines within the territorial jurisdiction of the State of Madhya Pradesh were formally transferred to the Madhya Pradesh State Mining Corporation Limited. This transfer includes, but is not limited to, the eleven (11) identified sand mines located within District Seoni. The said transfer of rights and responsibilities is to remain in effect for a stipulated tenure of ten (10)

years from the effective date.

8. The Project Proponent, i.e., MPSMCL applied for Prior EC for sand mine situated at Khasra No. 01, 671, 507, Village-Khursipar, Sokri, Arandiva, Tehsil-Keolari, District-Seoni, admeasur