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Judgment
The interveners submitted Misc. Application No. 535/2014 on 12.09.2014 for recalling the order dated 22.09.2014. However, it has been brought to our notice by Shri Sachin K. Verma, Learned Counsel appearing for the State that the interveners have already approached the Madhya Pradesh SEIAA for the necessary Environmental Clearance (EC) in this behalf in view of the order dated 14.08.2014 and accordingly even though none has appeared on behalf of the interveners today, we are of the view that in view of the subsequent development and the facts as stated by Shri Sachin K. Verma, Learned Counsel, this Misc. Application deserves to be dismissed.
Misc. Application No. 341/2014 has been filed by the Applicant by way of reply to Misc. Application No. 333/2014 submitted on behalf of the interveners. As has been recorded by disposing of Misc. Application No. 535/2014 since the interveners have already approached the SEIAA for grant of EC the Misc. Application No. 333/2014 for recalling the order dated 22.04.2014 also stands disposed of.
Accordingly, Misc. Applications No. 333/2014, 341/2014 & 535/2014 stand disposed of.
None has appeared on behalf of the Applicant today. However, we find that the Hon'ble Principal Bench of National Green Tribunal at New Delhi while dealing with the matter of Ranbir Singh Vs. State of Himachal Pradesh and others in O.A.No. 343/2013 and Promial Devi Vs. State of Himachal Pradesh & Ors. in O.A. No. 279/2013 on 28.08.2014 has taken note of the statements made by two Scientists i.e. Dr. V.P. Upadhyay and Shri P.V. Rastogi from MoEF and recorded their statement as below :
"1. The Office Memorandum dated 24.12.2013 intends and it is now clarified and reiterated that no Environmental Clearance will be granted for extraction of Minor Minerals (sand mining) from any river bed/water body where the area is less than 5 hectares.
In other words the mining activity of minor minerals (river sand mining) area of less than 5 hectares is not permitted.
The surface water level as referred in the Office Memorandum dated 24.12.2013 would be the normal water level prevalent during the lean season.
The minor minerals mining activity in areas other than riverbed (sand mining) would be permitted, provided that Environmental Clearance for the same is taken in accordance with law."
Having recorded the aforesaid statement, it has further been observed by the Hon'ble Principal Bench that:
"To that extent the Office Memorandum dated 24th December, 2013 is explained and clarified and it will bind the MoEF in accordance with law. The above statement made on behalf of MoEF has been taken on record."
The Learned Counsel for the parties are therefore directed to confine their submissions with respect to the above order and based upon the submissions made by the scientists of MoEF with respect to the Office Memorandum dated 24.12.2013.
Hence, as the Respondents have already approached the SEIAA for granting the EC, it is directed that the SEIAA would while considering the applications submitted by the Applicants for grant of EC, shall take into account the above four statements made by the Scientist of MoEF duly verifying the position in respect of the Office Memorandum dated 24.12.2013 of the MoEF and take decision according to the same as directed by the Principal Bench in the above order dated 28.08.2014. It is further made clear that in case any directions are ordered or there is variance from the original subsequent order dated 28.08.2014 in the order of the Principal Bench while deciding the case of Ranbir Singh V/s State of Himachal Pradesh & Ors and Promila Devi Vs. State of Himachal Pradesh & Ors., our above order shall be subject to the order of the Principal Bench, NGT, New Delhi.
Accordingly, Original Application No. 116 of 2014 stands disposed of.