All India Kaimur People�s Front vs State of Uttar Pradesh & Ors

This application seeks review of order of this Tribunal dated 16.08.2022 in O.A No. 61/2022, All India Kaimur People’s Front v. State of Uttar Pradesh & Ors.

By the said order, the Tribunal dealt with the grievance against illegal mining by the review applicant and others. Considering the factual report dated 25.05.2022 on the subject, filed by the State PCB that illegal mining was found and response of the Project Proponents (PPs), the Tribunal accepted the report that illegal mining was taking place.

Accordingly, the Tribunal directed that accountability of PP for illegal mining be fixed in the light of law laid down by Hon’ble Supreme Court. The operative part of the order is reproduced below:-

“8. We are of the opinion that the report being based on site inspection by a credible team of statutory regulators, there is no reason to reject the findings therein in absence of any tangible reason. Self-serving denial by the PPs can certainly be no reason to hold that there is no violation particularly when Rajesh Kumar and Farida Begum have already deposited the penalty on 15.03.2022. Mere fact that Ishana Construction claims to have challenged the penalty cannot be a ground to hold that no action is liable to be taken against the said PP.

Learned Counsel for the project proponent has referred to letter on record suggesting verification of compliance status of 22 leaseholders. The same may accordingly be verified and remedial action taken as per law.

Accordingly, we accept the facts found as per the report, showing illegal mining by the PPs for which accountability of the said PPs is required to be fixed. Apart from recovery of royalty and penalty under the Mining Rules, compensation for damage to the environment is also required to be assessed and recovered as per law, particularly judgements of the Hon’ble Supreme Court in Common Cause vs. Union of India & Ors, (2017) 9 SCC 499 and Goa Foundation v. Union of India & Ors. (2014) 6 SCC 590, to the effect that under section 21 (5) of the MMDR Act, 1957, the entire value of the mined material is to be recovered, in addition to compensation for damage to the environment.

Accordingly, we direct the District Magistrate and State PCB to take further steps in the matter in accordance with law, preferably within three months. Since environmental offences fall in the schedule to the PMLA Act, ED is free to consider if any action is warranted on their part under the law.”

In this Review Application, it is submitted that the Allahabad High Court vide order dated 09.06.2022 in Writ Civil No. 16521 of 2022 titled as M/s Ishana Constructions v. State of U.P partly quashed penalty under the Mining Act with a view to give the review applicant adequate opportunity. By further order dated 26.07.2022 in Writ – C No. 17528 of 2022, stay against coercive steps for recovery has been granted with reference to order dated 07.07.2022 on the ground that opportunity of hearing had not been granted to the applicant. It is submitted that the order of the Tribunal is in conflict with the said orders of the High Court.

We have duly considered the matter. The Tribunal has dealt with the order after due opportunity of hearing to the affected parties and required the concerned authorities to fix accountability of the violators, following due process of law. The contention that statutory authorities have not given an opportunity which issue is being examined in pending proceedings before the High Court cannot be accepted as a ground for review of order of this Tribunal directing action to be taken in accordance with law.

Needless to say that the authorities have to comply with the orders of the High Court in the matter of giving opportunity but we do not see any conflict in orders of the High Court and this Tribunal. Thus, no ground for review is made out.

The Review Application is dismissed.