Mustafa Hussain vs Ministry of Environment, Forest & Climate Change And Ors

Dr. S.S. Garbyal, (Expert Member)

In this original application, the applicant has raised the issue of illegal mining being undertaken by respondent no. 6-Neeraj Chaturvedi on the bed of river Kosi in District Rampur, State of Uttar Pradesh, with the help of heavy machineries such as JCB etc., whereas the environmental clearance granted in his favour does not permit the use of heavy machines in the river bed. Applicant has alleged that mining permit, for a period of six months, was granted to respondent no. 6 in Gata No. 577 Measuring 5.90 acre and Gata No. 1126 and 1127 measuring 4.24 acre, situated in Village Patti Kalan, Tehsil Swar, District Rampur. It has been further stated that environmental clearance clearly contemplates that the depth of mining will be upto 3 meters in the river bed or at least a meter above the water level, whichever is less, whereas the respondent no. 6 while undertaking mining activity has violated the said condition. It has, therefore, been prayed as below:

"a. Direct the respondent no. 5 to cancel the Environmental Clearance granted to respondent no. 6, as the respondent no. 6 has not followed the terms and conditons of the Environmental clearance.

b. Direct the respondent no. 4 to cancel the mining permit granted to respondent no. 6, as the respondent no. 6 has not followed the terms and conditions of the Environmental Clearance.

c. Direct the respondent no. 2 to 4 to stop the mining activity of the respondent no. 6.

d. To assess the environmental damage caused by the respondent no. 6 on account of mining activity in violation of the terms and conditions of mining permit, beyond the area of the mining permit and in violation of the terms and condition of the Environmental Clearance and further direct the respondent no. 6 to pay requisite compensation for causing environmental damages.

e. The respondent no. 6 should also be asked to provide for restitution of environment for the area which has been damaged by him on account of mining beyond the permissible limits.

f. Pass any such other order or orders as this Hon'ble Tribunal may deem fit in the facts and circumstances of the case. "

While issuing notice to the respondents on 21.12.2017 the Central Pollution Control Board (CPCB) and Ministry of Environment, Forest & Climate Change (MoEF & CC) were directed to appoint Senior Scientist, one each, to visit Gata No. 577, 1126 and 1127, Village Patti Kalan, District Rampur, Uttar Pradesh and verify whether illegal mining with the help of heavy machines is going on and give report regarding the damage caused due to such mining. In compliance of our order dated 21.12.2017. Dr. Mrs. Satya, Scientist D, MoEF & CC and Shri Dinesh Chandra Jakhwal, Scientist C, CPCB, Delhi conducted a joint inspection on 17.01.2018 and an affidavit to that effect was filed by respondent no. 1-MoEF & CC on 16.03.2018. The observation and suggestion of the joint inspection report are as follows :

"1. Gata 577, Village-Patti Kalan, District-Rampur, Uttar Pradesh:

i. During site visit the Revenue Department has shown the Gata no. 577 to the committee members for illegal mining at Village Patti Kalan, District-Rampur, Uttar Pradesh (Map-1). The committee observed that the excavation of sand was done to different depths (photo-01).

ii. As per provided copy of EC, the Gata no. 577 having a total area of 2.387 lac (5.90 acr) was granted to Mr. Neeraj Chaturvedi S/o Mr. Vinod Chand Chaturvedi, for sand mining for six months only i.e. from 24.06.2017 to 23.12.2017 (Annexure-1). However, as per MM 10 (Mining Permit Letter), the period of Mining Permit is from 26.07.2017to 25.01.2017 (Annexure-3). However, the end date is not clear i.e. 25.01.2017 the area is river bed along with peripheral area (Photo-01). It has been stated in EC that as per form 1M and presentation made, the collection of 35850 cubic meter sand from mining lease area 2.387 hac or 5.90 acr has been proposed (Annexure-1).

iii. As per EC, the ultimate depth of mining will be restricted to 02m/water table, whichever is less the mining would be restricted to unsaturated zone only above the phreatic water table a will not intersect the ground water table at any point of time (Annexure-1). In this area, mining was measured; in the form of the excavation of sand up to the depth of approx. 0.8 m. However, to come on concrete conclusion measurement of the depth in middle region of the river may made by boating or other swimming equipment.

iv. Nevertheless, during the committee inspection on 17.01.2018, no mining activity and machines/heavy machine(s) were found in the area.

v. However, during site inspection the committee onbserved that the specific boundaries of the above mentioned Gata no. was not demarcated by Revenue Department of Uttar Pradesh (Photo 1). The demarcation of above mentioned Gata no. is urgently required, before further excavation of the sand or re-brings the mining in operation.

vi. Committee found that the water flow in the riverbed was minimal during visit. Water sumps within riverbed were also found in adjacent stretch (Photo-01 &02). Boulders of small size and pebbles were observed along the bank of river.

vii. Unmarked pathway was found within riverbed which was used by villagers to cross the river and transportation of mining materials. Some temporarily platform like structures were also seen by the members on the other side of the river (Photo-02A). It seems that, mining must have been done keeping the heavy machine over there.

viii. The path towards the river bank had impressions of movement of heavy vehicles (Photo-01 & 02B).

ix. At a distance of about 500 m. from Gata no. 577 there were some buildings where numbers of Dumpers were seen during visit. One barrier ((Photo-02C) along with temporary hut of tea seller was also noticed by the members at Gata no.577 at periphery the river bank. As per discussion with tea seller along with SDM, Saur, Rampur, he has informed that the barrier was utilised for vehicle counting and justifying the dumper/trolly during mining activity.

x. Two stone crusher units were also found near by the mine lease area.

xi. No CTE/CTO was provided for Gata no. 577 during visit.

Gata number 1126 and 1127 at village Patti Kalan, District-Rampur, Uttar Pradesh:

i. During site visit the Revenue Department has shown the Gata no. 1126 and 1127 to the committee members for illegal mining at village Patti Kalan, District-Rampur, Uttar Pradesh (Map-2). The committee observed that the excavation of sand was done to the different depths.

ii. As per EC, the Gata No. 1126 and 1127 having the total area of 4.24 acr (1.715 hac) (Annexure-2).

iii. As per provided copy of EC, the Gata no. 1126 and 1127 having a total area of 1.715 hc (4.24 acr) was granted to Mr. Neeraj Chaturvedi S/o of Mr. Vinod Chand Chaturvedi, for sand mining for six months only i.e. from 12.06.2017 to 11.12.2017 (Annexure-2). However, the MM 10 is indicating that the duration of Mining Permit Letter is 13.06.2017 to 12.12.2017 ( Annexure-4). It has been stated in EC that as per form 1M and presentation made, the collection of 25740 cubic meter sands from mining lease area 1.715hc (4.24 acr) has been proposed (Annexure-2).

iv. As per EC, the ultimate depth of mining will be restricted to 02 m/water table, which is less the mining would be restricted to unsaturated zone only above the phreatic water table a will not intersect the ground water table, at any point of time (Annexure-2). Mining was measured at Gata no. 1126; in the form of the excavation of sand up to the depth of appx. 7m (Photo-03).

v. The Gata No. 1126 and 1127 was located approx. 670 meter away from riverbed of river Kosi and the one wild grass, Munj were found in the peripheral of the lease area.

vi. The adjacent Gata No. 1125 is used as Chak marg (road) by the villagers (map-2).

vii. The site (Gata no. 1126 & 1127) was found for sand and the mining was carried out in patches in the lease area (Photo-03 &04).

viii. The activity of reclamation/back filling of mined out area was carried out and the back filling material was found inside the pits (photo-03& 04).

ix. The Gata no. 1127 is divided as 1127A, 1127B and 1127C. In the area 1127 A, B and C mining was measured, in the form of the excavation of sand up to the max. depth of approx. 4m, 5m and 6m, respectively (Photo-4). The Gata no. 1126 and 1127 were found filled with water. As per discussion with ADM and Revenue Department Rampur, the ground water table is existing on approx 2-3 mt. in this area. Due to illegal mining this will affect the water table of the surrounding area. As per some already published research paper; the fall in the water level will be causing depletion of ground water in the surrounding land areas and it will be causing dryness of even thinking water sources besides having serious adverse impacts on the agriculture of the State.

x. Nevertheless, during the committee inpsectionon17.01.2018, no mining activity and machines/heavy machine(s) were found in the area.

xi. During the visit impressions of movement of vehicles/heavy machines at Gata nos. 1126 and 1127 were observed by the committee members (Photo-03, 04 & 05).

xii. However, during the site inspection the committee observed that the specific boundaries of the above mentioned Gata no. was not demarcated by Revenue Department of Uttar Pradesh (Photo 1). The demarcation of above mentioned Gata nos. is urgently required, before further excavation of the sand or re-brings the mining in operation.

xiii. No CTE/CTO was provided during visit of the Gata no.1126 and 1127.

Suggestions:

a) It is most necessary to make fencing around the excavated sand mine site to protect the area from the unwanted causality.

b) No in-stream mining should be permitted as it affects the aquatic life. In case the State Govt. wishes to undertake in-steam mining they need to have a study conducted from recognised institution to examine the impact of mining of plankton, benthic flora and fauna, turbidity downstream and other related environmental parameters."

It is seen from the record placed before us that respondent no. 6- Neeraj Chaturvedi was granted mining lease on 24.06.2017 for a period of six months for sand mining in Gata No. 1126 and 1127, having total area of 4.24 acre or 1.715 hectare for sand mining of 25740 cubic metres and for 35850 cubic metre of sand mining in Gata No. 577 having total area of 2.387 hectare or 5.09 acre. The environmental clearance clearly mentions that ultimate depth of mining will be restricted to 02 meter/water table whichever is less and mining would be restricted to unsaturated zone only, above the phreatic water table and will not intersect the ground water table at any point of time. Under the specific condition, it has been stated that the mining will be carried out strictly according to the approved mining plan and that no drilling or blasting will be involved at any stage. It has been clearly brought out in the joint inspection report that the mining leases are not demarcated on the ground and in-stream mining was done by using heavy machinery, as such there has been a violation of Sustainable Sand Mining Guidelines 2016. The term of the mining lease had expired on December, 2017.

This Tribunal had noted on 12.04.2019 that excavation was done beyond permissible limit, in-stream mining was carried out and damage was caused due to mining by heavy machinery. The CPCB was, therefore, directed to submit a report with regard to environmental damage caused due to illegal mining and the excess minerals which have been extracted.

The compliance affidavit was filed by the CPCB on 10.05.2019. The CPCB had worked out environmental compensation due to illegal mining in Gata No. 1126,1127 and 577 which is Rs. 1,10,52,832/- in Gata No. 1126 and 1127 and Rs. 7,96,66,125/- in Gata No. 577 which totals to Rs. 9,07,18,957 Plus (+) actual cost of restoration/ backfilling to permitted level. On 23.09.2019, the CPCB has provided the actual cost of the restoration / Backfilling to permitted level which is Rs. 9,42,720/- for all the three Gatas. Therefore, the total cost of environmental compensation, including cost of restoration for illegal sand mining having being done in Gata No 1126,1127 and 577 is Rs. 9,16,61,677/-.

We, therefore, direct respondent no. 6 to pay environmental compensation of Rs. 9,16,61,677/- to the Central Pollution Control Board (CPCB) within a period of 15 days from hence. The CPCB will transfer the cost of restoration and backfilling, which is Rs. 9,42,720/- to Uttar Pradesh Pollution Control Board for taking up restoration measures, within six (6) months thereafter.

With the abovementioned directions, this Original Application No. 820/2017 is disposed of. The Miscellaneous Application No. 1564/2017 does not survive for consideration as the main application itself is disposed of.