2022 (11) TMI 1522 - Tri - Indian Laws

Violation of environmental norms by Respondent No. 11 to 13 - failure to implement progressive mine closure plan - undertaking mining beyond the permitted depth - not taking measures for rehabilitation/restoration/ rejuvenation of the land of the area where mining was undertaken - HELD THAT - As far as Respondent No. 11 is concerned, apart from violating the requirement of undertaking replenishment study, not developing green belt, not implementing progressive mine closure plan, not installing CCTV cameras and not having GPS system, diversion of river flow, illegal instream mining, not providing weigh bridge at the entry of the mining lease area are clear violations. With regard to Respondent No. 12, apart from violations found in the case of Respondent No. 11, further violations are not installing boundary pillars, continuing mining even after termination of the lease, using groundwater transported through tankers instead of using treated sewage water. With regard to Respondent No. 13, apart from other violations which are common with Respondent No. 11, the said PP was found crossing the prescribed depth for mining. hough as per Common Cause, compensation in case of illegal mining can be equal to the value to the mined material, apart from compensation for violation of environmental norms, we fix the same @ 10% of the lease money i.e. Rs. 2.5 crore, Rs. 4.2 crore and Rs. 12 crore in respect of Respondents No. 11 to 13 respectively. The amount may be deposited within one month with the State PCB which is to be utilized for restoration of the environment by preparing and executing an action plan, in consultation with the District Magistrate. The action plan needs to cover restoration of degraded areas, post-mining remedial measures, restoring natural flow of river and taking other restitution activities, as required. District Environment Plan may also be taken into account. The utilization may be ensured as far as possible within six months. If the PPs fail to pay the amount, it will be open to the authorities to take coercive measures including blacklisting, recovery from deposits of the PPs, if any available with the State, or otherwise. The PPs may not be allowed to undertake further mining in view of serious violations already committed. The application is disposed of.

Summary

Issues Involved:
1. Violation of environmental norms by Respondents No. 11 to 13.
2. Non-compliance with the Sustainable Sand Mining Guidelines, 2020.
3. Failure to implement progressive mine closure plans.
4. Illegal mining activities and use of heavy machinery.
5. Non-installation of necessary environmental safeguards.
6. Non-compliance with the Environmental Clearance (EC) conditions.
7. Determination of compensation based on the polluter pays principle.

Issue-wise Detailed Analysis:

1. Violation of Environmental Norms by Respondents No. 11 to 13:
The Tribunal addressed grievances against M/s Development Strategies India Pvt. Ltd., M/s Delhi Royalty Company, and M/s Mubarikpur Royalty Company for violating environmental norms during sand mining activities in Yamuna Nagar, Haryana. The violations included diversion of river flow, in-stream mining, and use of heavy machinery, contrary to EC conditions and the Sustainable Sand Mining Guidelines, 2020.

2. Non-compliance with the Sustainable Sand Mining Guidelines, 2020:
The Tribunal emphasized adherence to the Sustainable Sand Mining Guidelines, 2020, and other related orders. It directed periodic inspections by a five-member committee, including SEIAA, CPCB, State PCB, and two SEAC expert members, to ensure compliance. Inspections should occur thrice during each lease period to assess and correct any violations.

3. Failure to Implement Progressive Mine Closure Plans:
The Monitoring Committee's report highlighted that Respondents failed to implement progressive mine closure plans, rehabilitate/restorate/rejuvenate mined areas, and develop green belts. Specific recommendations included erecting boundary pillars, maintaining a 7.5m wide barrier for green belts, and planting trees along transportation routes.

4. Illegal Mining Activities and Use of Heavy Machinery:
The Monitoring Committee found illegal mining activities, including mining beyond permitted depths, use of JCB machines, and diversion of river flow. The Tribunal recommended imposing compensation for extracting more minor minerals than permitted and ensuring compliance with the Mining Plan.

5. Non-installation of Necessary Environmental Safeguards:
The report noted the absence of CCTV cameras, GPS systems on transportation vehicles, and weigh bridges at mining lease areas. The Tribunal directed the installation of these safeguards to monitor and control illegal mining activities effectively.

6. Non-compliance with the Environmental Clearance (EC) Conditions:
The Tribunal found that Respondents did not monitor replenishment status as required by EC conditions, the Supreme Court's judgment in Deepak Kumar v. State of Haryana, and guidelines issued by MoEF&CC. The Tribunal accepted the Monitoring Committee's report, which detailed specific violations for each Respondent.

7. Determination of Compensation Based on the Polluter Pays Principle:
The Tribunal determined compensation based on the polluter pays principle, considering violations, period of violation, restoration costs, and financial capacity of the Respondents. It fixed compensation at 10% of the lease money, amounting to Rs. 2.5 crore, Rs. 4.2 crore, and Rs. 12 crore for Respondents No. 11, 12, and 13, respectively. The amount is to be deposited with the State PCB for environmental restoration.

General Recommendations:
The Tribunal provided general recommendations, including:
- Strict vigilance and surveillance to control illegal mining.
- Creation of an online app for monitoring violations.
- Joint checks by the Department of Transport and Police on overloaded trucks.
- Geo-fencing of mining lease areas.
- Prohibition of night-time mining activities.
- Installation of CCTV cameras and advanced technological drones for monitoring.

Conclusion:
The Tribunal disposed of the application, directing compliance with the recommendations and ensuring environmental restoration. It forwarded the order to relevant authorities for implementation and monitoring.