Order of the National Green Tribunal regarding illegal mining in district Ambedkar Nagar, Uttar Pradesh, 23/02/2024
Order of the National Green Tribunal in the matter of 'News Item titled "Mafiayo ko kisi ka dar nahi is jile me beroktok ho raha avaidh khanan" appearing in Hindustan dated 22.11.2023". Date of hearing is February 23, 2024.
The application related to large scale illegal mining of sand and natural soil and consequential damage caused to the environment in district Ambedkar Nagar and particularly at Ajmeri Badshahpur, Vargi Nizampur, Ismailpur Beldaha, Faridpur Tappa Haveli, Isauri Nasirpur Bhalu ghats.
The NGT, December 18, 2023 had directed a joint committee to visit the site, collect relevant information and submit the report before the court.
The joint committee report, February 2, 2024 found that mining activity has been carried out by the lease holders at different places without obtaining the consent to operate (CTO) and consent to establish (CTE). The report said that the mining sites are located on river Ghaghra/Saryu.
The NGT observed that though the lease holders have carried out the mining without obtaining CTO and excavated quantity of sand against permitted quantity, but the report does not reflect any action by the Uttar Pradesh Pollution Control Board (UPPCB) against the violators.
Counsel for the UPPCB has sought a week's time to file the report indicating the action taken by the UPPCB against those who had carried out mining without obtaining CTO. In that report, the UPPCB will also disclose as to how the lease holders have been permitted mining after the expiry of the district survey report (DSR) issued in 2017.
The joint committee also gave a number of recommendations. One among them being that the district administration should not publish any auction notice till the District Survey Report is prepared as per the SSMG and MoEF&CC guidelines. Another being that the existing operational mining lease should comply with all conditions stipulated in EC and CTO. Further the existing operational mining lease should carry out replenishment study as per guideline. Counsel for the UPPCB submitted that the SPCB has no objection if the recommendations are implemented. Thus, the authorities were directed to ensure that the recommendations are duly complied with by the concerned district authorities as also the mining lease holders before publication of auction notice.