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Judgment
This appeal has been preferred against grant of Environmental Clearance (EC) by SEIAA, UP vide orders dated 15.10.2020 and 15.01.2021 in favour of Shri Nirmal Kant Tiwari, S/o Late Madan Mohan, R/o 204, Budhauliyana Rath, District, Hamirpur, UP. and Shri Mohammed Jawed, 41, Raipur, IIM Road, District – Lucknow, UP respectively for sand/morrum mining at Gate No. 139 G, Khand No. 01, River Betwa, Village Bhedikurd, Tehsil Kalpi, District Jalaun of M/s Mankameshwar Infrastructure Leased area 20.242 Ha. and sand/morrum mining from River Betwa, Bed at Gate No. 139 G, Khand No. 02, Village Bhedikurd, Tehsil Kalpi, District Jalaun of M/s MPL Infra Leased area 20.242 Ha, respectively.
Ground for challenging the ECs is that the area falls in cluster being within less than 500 meters and thus EC has to be granted in accordance with Notification dated 15.01.2016 after appraising the impact. The appellant has relied upon order of this Tribunal dated 23.09.2021 in Appeal No. 53/2020, Ravi Kumar v. MoEF&CC & Ors whereby this Tribunal quashed EC granted without following the notification dated 15.1.2016.
The matter was earlier considered on 20.01.2022 and considering the case of the appellant, the Tribunal issued notice to SEIAA, U.P and Project Proponents (PPs) which was to be served by the appellant.
The appellant has filed affidavit of service. Response has been filed by the SEIAA, U.P on 18.08.2022 but neither the PP has appeared nor filed any response.
Since opportunity of hearing has been granted to the affected parties, we consider it appropriate to deal with the matter on merits.
It is seen that reply filed by SEIAA, U.P does not deal with the only question raised in the Appeal about which response was sought vide para 2 of the order of this Tribunal dated 20.01.2022, mentioned above.
Accordingly, following the earlier order of the Tribunal dated 23.09.2021 in Appeal No. 53/2020, Ravi Kumar v. MoEF&CC & Ors. The impugned ECs are quashed with liberty to the Authorities to consider the matter further in accordance with law, as per procedure for cluster EIA/EMP. No mining be allowed till fresh EC is granted. The UP State PCB is at liberty to determine and recover compensation for illegal mining, following due law.
The Appeal is disposed of as above.