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2025 Supreme(Online)(NGT) 1938

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Dr. Arun Kumar Verma, EM
Amar Kumar Gupta – Appellant
Versus
State of Jharkhand – Respondent
Original Application No.113/2024/EZ



Advocates:
For the Applicant(s): Suo Motu
For the Respondent(s): Ms. Aishwarya Rajyashree, Mr. Surendra Kumar, Mr. Ashok Prasad, Mr. Sibojyoti Chakrabarti, Mr. Sagarmay Ghosh

The court ruled strict adherence to environmental clearances is essential, suspending mining operations due to non-compliance, safeguarding ecological balance.

Headnote:(A) Environment (Protection) Act, 1986 - Violation of Environmental Clearance conditions regarding stone mining activities impacting local habitats and structures - Allegations of ecological imbalance, noise, and dust pollution endangering local residents and wildlife - Tribunal findings included non-compliance with requisite conditions for operation and recommended suspension until rectification by project proponent. (Paras 10, 15)

(B) Environmental Impact Assessment (EIA) Notification, 2006 - Projects under B2 category exempt from detailed EIA provided stipulated criteria - Assertion of no endangered species presence as basis for non-application of certain regulations. (Paras 7, 14)

Facts of the case:
The applicant alleged ongoing detrimental stone mining activities near the Parasnath Wildlife Sanctuary leading to structural cracks and ecological disturbances.

Findings of Court:
Tribunal recognized substantial environmental violations related to the operation of the mining project, leading to a directive for suspension.

Issues: Primary issues included the validity of the mining operation's environmental clearances and resultant local impacts.

Ratio Decidendi: The court emphasized strict adherence to environmental regulations and the necessity for compliance to ensure ecological protection before allowing mining activities to proceed.

Result: Mining operations suspended pending compliance with environmental regulations.

Table of Content
1. petition initiated due to allegations of harmful mining activities affecting local community. (Para 1 , 2 , 3 , 4 , 5)
2. counter-affidavits presented detailing mining operations, including compliance claims. (Para 6 , 7 , 8 , 9)
3. inspection reports highlighted significant regulatory violations justifying suspension recommendations. (Para 10 , 11 , 12 , 13 , 14)
4. court's strong directive to enforce environmental compliance prior to continuing mining activities. (Para 15 , 16)
5. case conclusion emphasizes urgency of rectifying violations without costs imposed. (Para 17 , 18 , 19)

ORDER

1. Affidavit dated 29.07.2025 has been filed on behalf of the Respondent No.8; the same is taken on record.

2. Heard Ms. Aishwarya Rajyashree, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent Nos.1, 3, 4, 5 & 6; Mr. Surendra Kumar, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.2; Mr. Ashok Prasad, learned Counsel appearing on behalf of the Respondent No.7; Mr. Sibojyoti Chakrabarti, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.8.

(Final order of the said case will be uploaded in NGT website by separate sheets of paper)

ORDER

1. The present Original Application has been registered in view of a letter petition sent by the Applicant, Mr. Amar Kumar Gupta, through e-mail dated 15.04.2024, in the National Green Tribunal, Eastern Zone Bench, Kolkata. The Applicant is stated to be a resident of area adjacent to the Parasnath Wildlife Sanctuary. The allegation in the letter petition is that stone mining activities are going on within the area adjacent to the Parasnath Wildlife Sanctuary and in the process of mining huge cracks have formed in the homes and public structures in the area endangering the lives of the residents of the area.

2. It is also alleged that noise and dust due to stone mining activities are driving away wildlife and destroying the habitats and altering the landscape of the area thereby affecting the behaviour of the fauna also. It is alleged that the mining activities are also causing ecological imbalance of the Parasnath Wildlife Sanctuary.

3. At the time of admission, the Tribunal constituted a Fact Finding Committee comprising of the following members:-

(i) Senior Scientist, Jharkhand State Pollution Control Board,

(ii) Divisional Forest Officer, Giridih,

(iii) Deputy Commissioner/District Magistrate, Giridih, or his representative not below the rank of Additional District Magistrate, and

(iv) Divisional Forest Officer, Parasnath Wildlife Sanctuary, Jharkhand,

The Committee was directed to visit the site in question and submit its Report with regard to the allegations made in the Original Application.

4. Along with the letter petition, photographs have been filed to support the allegations that due to the stone mining activities in the area cracks have developed in the homes and public structures.

5. The Respondent No.2, Jharkhand State Pollution Control Board, has filed counter-affidavit dated 21.10.2024 bringing on record, the Inspection Report of an inspection carried out on 14.08.2024 which reads as under:-

Inspection Report of Committee Constituted by Hon’ble NGT, Eastern Zone Bench, Kolkata in Original Application no. 113/2024/EZ (Amar Kumar Gupta vs State of Jharkhand & Ors.)

___________________________________________________________

Hon’ble NGT, Eastern Zone Bench, Kolkata in the matter of original application no. 113/2024/EZ (Amar Kumar Gupta vs State of Jharkhand) order dtd 09.07.2024 a committee was constituted from the below mentioned organization :

(i) Senior Scientist, Jharkhand State Pollution Control Board

(ii) Divisional Forest Officer, Giridih.

(iii) Deputy Commissioner / District Magistrate, Giridih or his representative not below the rank of Additional District Magistrate.

(iv) Divisional Forest Officer, Prasasnath Wildlife Sanctuary, Jharkhand.

2. It was alleged in the aforesaid application that stone mining activities are going

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