AI Structured Summary
Not yet generated for this judgment
Judgment
Grievance in this application is against illegal mining in Villages Bhagwa, Agorikhas, Khewandha and Rediaya, Tehsil Obra, and Villages Korgi, Tehsil Dudhi, District Sonbhadra, UP.
According to the applicant, Poclain Machines are used for mining by Respondent Nos. 11 to 20 - Kewal son of Ram Khelawan, Ramnath Tiwari son of Shabhu Nath Tiwari, Shankar son of Khannu, Somaru son of Budhhu, Tapeshi son of Sadan, Shiv Prasad son of Dadai, Soni Devi wife of Rajkumar, Lalmani son of Dangar, Jamuna Prasad son of Viran and Ram Pyare son of Sarju. Requisite District Survey Report (DSR) has not been prepared nor Environmental Clearance (EC) granted as required under the Sand Mining Guidelines, 2020 read with the EIA Notification, 2006 as well as judgment of Hon’ble Supreme Court of India in Deepak Kumar Vs. State of Haryana (2012) 4 SCC 629 and State of Bihar vs. Pawan Kumar & Ors., (2022) 2 SCC 348. It is further stated that the area where mining is undertaken is within the periphery of 1 Km of forest area and also within the periphery of Son River.
Having regard to the averments in the application, noted above, we find it necessary to require a factual and action taken report from a joint Committee comprising SEIAA, UP, State PCB and District Magistrate, Sonbhadra. The State PCB will be the nodal agency for coordination and compliance. The joint Committee may meet within two weeks and undertake visit to the site. The Committee may coordinate with any other concerned Department and after verifying the facts, furnish a report to this Tribunal by e-mail within two months at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. If any violations are found, the statutory regulators will be free to take remedial action, following due process of law. If any parties are found to be affected by the course of action proposed, they may be informed about the proceedings before this Tribunal by the State PCB.
List for further consideration on 13.07.2022.
A copy of this order be forwarded to SEIAA, UP, State PCB and District Magistrate, Sonbhadra by e-mail for compliance.
The applicant may serve set of papers on SEIAA, UP, State PCB and District Magistrate, Sonbhadra and file an affidavit of service within one week.
We are not inclined to grant ex-parte interim order as sought in I.A. No. 70/2022 but in case the Committee finds violations, they may take action to enforce the law. It will be open to the applicant to point out the violations to the Committee through the State PCB. IA will stand disposed of accordingly.