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Item No. 12

(Court No. 1)

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

(By Video Conferencing)

Execution Application No. 19/2020

IN

Appeal No. 258/2018

(I.A. No. 41/2021)

Sunil Kumar

Applicant

Versus

State of Uttar Pradesh & Ors.

Respondent(s)

Date of hearing:

02.08.2021

CORAM: HONBLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HONBLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HONBLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER

HONBLE DR. NAGIN NANDA, EXPERT MEMBER

Applicant:

Mr. Ajit Sharma, Advocate for Applicant in E.A. 19/2020

Respondent: Mr. Amit Tiwari, Advocate for SEIAA, UP

ORDER

1.

This application seeks execution of order dated 29.03.2019 in

Appeal No. 258/2018 which was disposed of in terms of the statement of

counsel for the State of U.P that the EC for mining, granted in violation of

law, will not be acted upon. In the said matter, illegality in EC was

alleged on account of absence of requisite public consultation.

2.

The matter was taken up for consideration on 25.09.2020 and after

recording the statement on behalf of the applicant that in violation of

order dated 29.03.2019, instead of cancelling the EC, the same was

transferred to another person, the Tribunal sought response from the

State of UP. Operative part of the order is as follows:

2.

Now it is stated that the order has not been complied with. On

18.06.2020, EC has been transferred to another person. No

evaluation has been done, as required, before transferring the EC.

If earlier EC was granted without following due process and was

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liable to be cancelled, the same could not have been transferred to

another person. Transfer will not cure the defect which existed.

3. To examine the issue, we permit the applicant to serve the

learned counsel for the State of U.P by email so that he may take

instructions in the matter about the remedial action taken in the

light of order of this Tribunal.

3.

Accordingly, the SEIAA, UP has filed its reply dated 21.06.2021

that the transfer of EC was inadvertent and the same has been declared

null and void. The reply is extracted below:

2.

It is submitted that the EC granted by answering respondent

on 22.11.2018 in favour of Sh. Rahul Panwar was

inadvertently transferred in favour of Sh. Satendra on

18.06.2020. In order to take the remedial action a joint meeting

of SEIAA and SEAC was held on 07.12.2020 wherein joint

committee also observed that geo-coordinates of the lease

area

mentioned

in

the

Environmental

Clearance

mismatched from the geo-coordinates mentioned in LOI

dated 23.01.2020.Hence, it was decided that a joint

committee comprising of a member nominated by District

Magistrate

Saharanpur,

Regional

officer

UPCCB,

Saharanpur, and District Mining officer, Saharanpur should

verify the geo-coordinates of the proposed project.

3. It is submitted that Uttar Pradesh Pollution Control Board vide

letter dt. 08.02.2021 submitted the required joint committee

inspection report.

4. It is submitted that a joint meeting of SEIAA and SEAC was

held on 19.02.2021, wherein upon perusal of the report, it

was observed that in the new LoI dated 23.01.2020, the

geo-coordinates of the leased area are different from the

coordinates mentioned in the original EC.

The Joint

committee discussed the matter in detail and decided

to declare the transfer of EC as null and void and

decided to revoke.

5. It is further submitted that another Joint Committee

Meeting of SEIAA and SEAC was held on 16.04.2021

wherein, it was observed that the joint committee in its

meeting held on 19.02.2021 on the matter of proposed

project located at Khand No./Gata No.-03, Lot No.-03,

Village- Rehna, Tehsil- Behat, District-Saharanpur, U.P.

(Leased Area - 8.05 Ha) had unanimously decided and

declared the transferred EC dt.18.06.2020 in favour of Shri

Satyendra as null and void and had revoked the aforesaid

transferred E