Order of the National Green Tribunal regarding illegal mining on river bank of Yamuna, Uttarkashi, Uttarakhand, 24/01/2025
Order of the National Green Tribunal in the matter of Vinod Singh Rawat Vs State of Uttarakhand & Others dated 24/01/2025.
The matter related to illegal mining on river bank of Yamuna and the operation of a stone crusher (M/s Astitwa Anantraj Enterprises) in violation of environmental laws in Uttarkashi district.
The NGT, November 26, 2024 had directed a joint committee to visit the site, collect relevant information and submit a report. In compliance, the report dated December 30, 2024 was filed. The tribunal after going through the report said that the joint committee had not looked into the aspects of previous illegal mining in the area and compliance with CTO conditions and guidelines issued by the CPCB and UKPCB by the project proponent - -M/s. Astitwa Anantraj Enterprises.
The Joint Committee has also not looked into applicability of location criteria and compliance with the same by the project proponent. In the report of the Joint Committee, it has it was mentioned that a penalty of Rs. 1,06,42,748/- was imposed on the Project Proponent-M/s. Astitwa Anantraj Enterprises vide notice dated 06.08.2022 and but said penalty is stated to have been waived subsequently vide notice dated 18.05.2023 in view of reply submitted by M/s. Astitwa Anantraj Enterprises regarding supply of raw material to the Project Proponent-M/s. Astitwa Anantraj Enterprises by Varsha Devi wife of Praveen Singh, village Paletha who was granted river dredging permit by District Magistrate, Uttarkashi and the legality of such waiver has also to be looked into.
The Joint Committee was directed to look into the aspects of illegal mining, collect copies of the relevant documents regarding river dredging permit to Varsha Devi, the quantity supplied by above said permit holder to M/s. Astitwa Anantraj Enterprises and the total quantity of raw material utilized by M/s. Astitwa Anantraj Enterprises during the period. Additional report of the Joint Committee addressing all the relevant aspects including the aspects highlighted above be filed within one month, the court said.
The court directed response to be filed by the state of Uttarakhand through Secretary, Environment Department, Uttarakhand; Director, Mining and Geology, Uttarakhand; District Magistrate, Uttarkashi; Uttarakhand State Pollution Control Board; Central Pollution Control Board; M/s. Astitwa Anantraj Enterprises and Varsha Devi. The court also directed that the copy of the order should be forwarded to the District Magistrate, Uttarkashi for requisite compliance.