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Judgment
The Original Application No. 590/2022, Pragati Kumar vs. State of Uttar Pradesh & Ors. was taken up by this Tribunal on 14.10.2022 and in light of joint Committee report, was finally disposed of. The present Miscellaneous Application has been filed with the prayer to reopen the hearing of OA. 590/2020 and with the further relief on the ground that in O.A. No. 140/2021, this Tribunal vide order dated 06.05.2022 has passed certain directions in Para 11 and 12 which is quoted below:-
“11. Accordingly, the ACS, Mining, UP has fairly stated that replenishment study will be conducted prior to auctions in future and with regard to the current leases, ongoing replenishment study will be expedited. In the light thereof, the leases will be renewed, if necessary. Such studies for all Districts in UP will be completed by December 31, 2022 and for Banda by June 30, 2022. She has further stated that the allegation of instream mining will be verified and if found true, the same will be discontinued.
In view of above, let the Replenishment studies be completed by credible institutions, following due procedure, in accordance with para 5 of EMSG, 2020. Further, no mining be permitted till replenishment studies are completed beyond the schedule laid down above. The State may ensure that the Regulatory authorities are adequately equipped and capable to assess quantities of mined material. With regard to instream mining, it may be ensured that the machineries permitted or used otherwise comply with "Semi mechanised" mining operations in true sense. In all mining potential districts, environmental damage assessment be carried out and annual assessment reports placed in public domain on the websites of the Mining Department as well as the PCB. Compliance of SSMG, 2016 and EMGSM, 2020 and earlier directions of this Tribunal may be ensured by an effective monitoring mechanism.”
Since the matter has been finally disposed of and monitoring of the illegal mining is within the domain of the State Government and necessary directions have been issued to ACS Mining to regularly monitor and taking necessary action in accordance with Rules in case of violation of Sand Mining, in coordination with with ACS and State PCB. Accordingly, the State PCB is directed to take necessary action in case of violations of Environmental Rules.
Since the matter has been finally disposed of by this Tribunal, thus, we do not find it necessary to reopen the case.
The Miscellaneous Application stands disposed of accordingly.