Court rules against illegal mining practices, mandating enforcement of environmental regulations and compliance from state authorities.

1. This Court on 25.11.2011 passed an order directing the Central Empowered Committee (CEC) to submit a report after carrying out site inspections, under intimation to the MoEF, concerned State Governments and the applicant, regarding the alleged illegal mining going on in some parts of States of U.P. and Rajasthan and also to submit a report regarding the areas identified for mining in the State of Haryana.

2. CEC, in pursuance of our order, submitted a detailed report on 4.1.2012 with enclosures. We have gone through the report in extenso and heard Mr. P. S. Narsimha, learned senior counsel, who is appearing as amicus curiae, Shri. Kamlendra Mishra, appearing for the State of U.P. and Shri. Manish Singhvi, Additional Advocate General appearing for the State of Rajasthan.

3. CEC conducted site inspections in the notified areas of the District of Saharanpur, U.P., District Alwar, Rajasthan and the areas identified for mining in Districts Yamuna Nagar, Panchkula and Ambala in the State of Haryana.

4. Uttar Pradesh
First, we will deal with the details furnished in the report pertaining to District Saharanpur, U.P. CEC referred to five mining leases for sand, bajri and boulders presently operating in the District Saharanpur. Report says that in Lot Nos. 7, 16, 22 and 23, the area given for mining leases is less than 5 hectares and hence permission was granted by the State of U.P. for mining operations without obtaining any environmental clearance. With regard to Lot Nos. 7, 8, 13, 26, 27, 28 & 29 relating to mining lease of an area of 686.693 acres, it was stated that the lease was, though originally sanctioned for a period of three years w.e.f. 6.1.2003, later it was cancelled and the lease operated only up to 9.2.2004. However, by virtue of the order passed by the Allahabad High Court in CMWP No. 29797/2009, the lease was allowed to operate for the balance period of one year, ten months and twenty seven days w.e.f. 27.2.2010 and up to 24.1.2012 but without environment clearance on the ground that the lease was originally granted prior to 14.9.2006 the date of the notification of MOEF. Prima facie, we are of the view that the stand taken by the State of U.P. is in clear violation of the provisions of EIA Notification dated 14.9.2006 and the notification is seen mis - interpreted and misapplied, especially when the report says that there has been an increase in annual production, compared to earlier years.
4. Report says that in addition to the above mentioned mining leases, there are about 30 sanctioned mining leases for the collection of sand, bajri and boulders from river Yamuna bed / canal beds in District of Saharanpur. But they are found to be operational without obtaining environment clearance. Report also says that the Environmental Appraisal Committee (EAC) had recommended grant of environment clearance in favour of the above 30 mining leases but the environment clearance was granted by the MoEF only in respect of two of such leases, Lot No. 25 in Village Abdullapur and Lot No. 9 in village Thapal Ismailpur, on specific condition that the prior clearance from the Standing Committee of the National Board for Wildlife (NBWL) be obtained, since the area fell within the sanctuary. No such permission has been obtained so far. The stand of the State of U.P. before the CEC was that the above 30 mining leases stood closed w.e.f. 30.6.2011. CEC, however, noticed, in reality, they are functioning and large scale illegal mining is going on in the River Yamuna bed and in nearby areas. Further, it was also pointed out