Order of the National Green Tribunal regarding illegal sand mining, tehsil Naraini, district Banda, Uttar Pradesh, 18/02/2022
Order of the National Green Tribunal in the matter of Haidar Khan Vs State of Uttar Pradesh dated 18/02/2022. The issue for consideration is remedial action against illegal sand mining, in violation of environmental norms, by M/s. R.S.I. Stone World Limited, without requisite Consent from the State PCB, in tehsil Naraini, district Banda, Uttar Pradesh.
The Uttar Pradesh Pollution Control Board in its report, September 6, 2021 acknowledged illegal mining by way of overloading of trucks, causing air pollution, mining outside the mining area, mining upto the depth of 6 meters against maximum permitted depth upto 3 meters so that water does not come out, use of pokland machines, use of lifter machines, part of which were found inside the Kane river. The District Magistrate, Banda cancelled the lease and blacklisted the Project Proponent and also levied penalty.
The Tribunal had considered the matter and found that compensation for damage to the environment had not been recovered which was required to be done by the statutory regulator. Notice was also directed to be served on the project proponent.
However, the NGT, February 18, 2022 noted that there was no response from the project proponent and the state PCB. Reply filed by the district officer is that compensation for damage to the environment cannot be recovered by the district officer. The bench of Justices Adarsh Kumar Goel and Sudhir Agarwal of the NGT said that under section 21 (5) of the Mines and Minerals Act, 1957 - that required "value of 100% of the mineral illegally extracted to be recovered which has not been done" and compensation for damage to the environment has to be over and above the price of illegally mined material.
The Uttar Pradesh Pollution Control Board and the District Magistrate, Banda has been directed to take further action in accordance with law and file compliance report within two months.