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Judgment
Grievance in this application is against proposed sand mining without requisite replenishment study in pursuance of Notice No. 1338/Mines/2022-23 dated 08.08.2022 and Notice No. 550/Mining Kaus. dated 22.08.2022 issued by District Magistrate, Prayagraj (Mining Section) & District Magistrate Kaushambhi (Mining Section) respectively inviting e-tender cum e-auction for sand mining.
According to the applicant, action in pursuance of impugned notice will be in violation of Sustainable Sand Mining Management Guidelines (SSMMG), 2016 and Enforcement and Monitoring Guidelines for Sand Mining (EMGSM) 2020, Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 as well as binding orders of this Tribunal including order dated 30.05.2017 in O.A. No. 78/2015 (CZ) reported in 2017 SCC OnLine NGT 1097. The Applicant has also relied upon order of this Tribunal dated 26.02.2021 in O.A. No. 360/2015, NGT Bar Association v. Virender Singh (State of Gujarat) and other connected matters and also subsequent orders on the same pattern.
We have heard learned Counsel for the applicant.
It is seen that at this stage only notice has been issued inviting tenders. The mining has to commence only after requisite replenishment study and environmental clearance in terms of judgment of the Hon’ble Supreme Court inter-alia in Deepak Kumar v. State of Haryana & Ors., (2012) 4 SCC 629 and Goa Foundation v. Union of India & Ors., (2014) 6 SCC 590, Sustainable Sand Mining Guidelines and orders of this Tribunal referred to above.
We do not find any reason to presume that mining will be allowed without requisite consents/ECs as per law even after the tender process. If such situation arises, it will be open to the aggrieved party to take remedies in accordance with law.
The application is accordingly disposed of.
A copy of this order be forwarded to District Magistrates, Prayagraj and Kaushambi and UP State PCB by e-mail.