Sandeep Kumar Singh vs State of UP & Ors

The issue for consideration is the legality of mining without prior replenishment study to give effect to ‘Sustainable Development’ principle. Such illegal mining is alleged on the banks of rivers Kane, Yamuna, Bangey, etc. in Banda District, Uttar Pradesh, adversely affecting the environment.

The Tribunal considered the matter earlier vide orders dated 15.01.2020, 19.03.2020 and 18.09.2020 in the light of factual report submitted by the SEIAA, UP and the State PCB that replenishment study had not been done. It was also observed that apart from replenishment study, mining can be permitted only after statutory consents under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974.

Thereafter, the matter was taken up on 08.09.2021 to consider prayer of the State of UP seeking dispensing with of replenishment study. The Tribunal sought response of SEIAA, UP, State PCB and District Magistrates with reference to allegations in Execution Application No. 02/2021 in O.A. No. 193/2020 that mining was being permitted without replenishment study.

In pursuance of above, District Officer Banda has filed a compliance report on 04.04.2022 as follows:-

“22.  That it is humbly submitted the copy of the Execution Application No. 02/2021 in O.A. No. 193/2020, Avinash Kumar Ray v. Ministry of Environment, Forest 86 Climate Change & Ors. has not been received in the office of District Officer, Banda till today.

That due to non availability of said original application the reply could not filed within granted period.

That so for the mining lease in respect of River Bed of Ken River in (Gata No-Part of 1141, 1137, 1136, 1132/2, 1125, 1127, 1131 and 1132 located at Village Bhurendi, Khand No.2 Block No. 08, Tehsil Banda, District- Banda, Uttar Pradesh spread over an Area of 37.00 hectare, annual permitted quaintly 7,40,000 cubic meter has been canceled vide order dated 29.01.2022 Annexure No.4, due to nonpayment of monthly in statement by the lessee.

That the status report could not be filed within time, as directed by this Hon'ble Tribunal due to deployment of the officers on election duty; and I also beg pardon for such delay.”

In view of the above, since mining has been stopped, the issue of operation of illegal mining does not survive. Fresh mining be not allowed without requisite study and consents. The Authorities may recover the dues and compensation for illegal mining due to absence of mandatory replenishment study, following due process of law. Recovered compensation may be used for restoration of environment in accordance with the District Environment Plan or as per plan prepared by the State PCB and District Magistrate, with State PCB being the nodal agency.

The applications will stand disposed of.

All IAs will also stand disposed of.