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TMI Blog2022 (11) TMI 1522X X X X Extracts X X X X X X X X Extracts X X X X ..... ad 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gnated officers and periodical review at higher levels. As already noted, EMGSM-2020 contemplates extensive use of digital technology, including remote sensing. 28. We further direct that periodic inspection be conducted by a five-members Committee, headed and coordinated by the SEIAA and comprising CPCB (wherever it has regional office), State PCB and two expert members of SEAC dealing with the subject. Where CPCB regional office is not available, if MoEF CC regional office is available, its Regional Officer will be included in the Committee. Where neither CPCB nor MoEF CC regional office exists, Chairman, SEIAA will tie up with the nearest institution of repute such as IIT to nominate an expert for being included in the Committee. Such inspection must be conducted at least thrice for each lease i.e. after expiry of 25% the lease period, then after 50% of the period and finally six months before expiry of the lease period for midway correction and assessment of damage, if any. The reports of such inspections be acted upon and placed on website of the SEIAA. Every lessee, undertaking mining, must have an environment professional to facilitate sustainable mining in terms of the mini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Considering the violations found in the report of the Committee, the Tribunal called upon the PPs to file their response in the matter. To see precise violations, observations of the Committee are quoted below: 3.1 Mining site for mining of boulder, gravel and sand in non forest and non-river area at Village Kohliwala, Block YNR/B 21 22, Tehsil Chhachhrauli, District Yamunanagar The mining lease area has been allotted to M/S Delhi Royalty Company, Model town, Yamunanagar. The said mining lease holder was issued letter of intent by the Department of Mines Geology, Haryana on 19.6.2015, Environment Clearance under EIA notification dated 14.9.2006 was granted by SEIAA, Haryana on 27.6.2016 and consent to operate under the provision of Air Act, 1981 was granted by HSPCB on 9.8.2016. The mining was started by the mining lease holder on 11.8.2016. As per the record maintained by Department of Mining and Geology and Mining Plan submitted by the Mining lease holder (M/s Delhi Royalty Company, 112, Santpura Gurudwara Road, Model Town, Yamunanagar), boulder, gravel and sand mining site in non forest area and non river area having total lease area of 13.59 hectare, exists in village Kohliw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been implemented in the part of the mining lease area, where the mining upto depth of 9m has been completed. No steps have been taken for rehabilitation / restoration / rejuvenation of the land of the area. 3. Few plants were found planted in the mined area and on the next visit made on 23.04.2022, some more plants have been found planted in the mining site area. 4. As per Mining Plan, 25 boundary pillars were to be erected at the boundary of the mining lease area, whereas, during the visit, the mining lease holder could not show all the boundary pillars erected at the site. The coordinates of one of the boundary pillar i.e BP-3 were found with the help of mobile phone as latitude as N30 15' and longitude as E 77 30' against the actual coordinate of the boundary pillar, as latitude: N30 15' 40.43 and longitude: E 77 30'19 . 5. Weigh bridge has been set up outside the mining lease area. 6. No CCTV cameras have been installed at all the vulnerable points. 7. The condition of the road through which the mined material is transported is not good and non-stabilized. Also, the width of the road constructed for transportation of the mine material through vehicles is les ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st masks, ear plugs / muffs and other equipments to the laborer working in the mining lease area. 15. No danger signs have been displayed near the mining lease area. 16. Mining lease holder has not made efforts to make plantation in 33 % of the mining lease area under the social forestry on the land available from Panchayats, which is to be completed at the end of mining lease. 17. No plants have been developed along the road adjoining to the mining lease area to prevent the speeding of dust and attenuate air pollution in the area. The Photograph showing the mining lease area from which minor mineral has been extracted, few plants planted at site, boundary pillar erected at one corner of the site and mining lease site are mentioned as Plates 1 to 4. 3.1.2 Specific recommendations of the Monitoring Committee w.r.t non river mining site at village Kohliwala, Tehsil Chhachhrauli, District Yamunanagar. 1. The mining lease holder shall erect all the 25 boundary pillars around the mining lease site and coordinates on all the boundary pillars may be marked within 01 month. 2. As per the Mining Plan submitted by the mining lease holder, 7.5 m wide barrier was to be left all around the mini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll start making plantation under the social forestry on the land available from Panchayat to ensure plantation in 33% area may be completed at the end of the mining lease. 3.2 River mining site for mining of boulder, gravel and sand at village Bailgarh, Block YNR/B-2, Tehsil Chhachhrauli, District Yamunanagar by M/s Mubarikpur Royalty Company, VPO Mubarikpur, District Mohali, Punjab The mining lease area of 28 hectares (non forest) has been allotted by the Department of Mines and Geology and issued letter of intent on 19.06.2015 to M/s Mubarikpur Royalty Company, VPO Mubarikpur, District Mohali, Punjab with lease period of 9 years. The Environment Clearance under EIA Notification dated 14.09.2006 was granted by SEIAA, Haryana on 27.06.2016 for production capacity of 1.3 Million T/Year and consent to operate under Air Act, 1981 was granted HSPCB on 31.08.2016. As per the record maintained by Department of Mines and Geology and Mining Plan submitted by the mining lease holder (M/s Mubarikpur Royalty Company, VPO Mubarikpur, District Mohali, Punjab), boulder, gravel and sand in mining site river area having total lease area of 28 hectares, exists in Village Bailgarh, South Block (YNR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Monitoring Committee on 01.04.2022. The mining lease area was again visited by the Technical Expert of the Monitoring Committee on 23.04.2022 and though the mining in the mining lease area was in operation but the same was kept deliberately in slow pace. The photographs showing mining site in operation during the visit on 23.4.2022 is mentioned as per Plate-5 2. As per mining plan, 03 boundary pillar have been mentioned, whose latitude and longitude are as under: Sl. No. Latitude Longitude 1 N30 13'29.01 E077 33'34.59 2 N30 13'10.29 E077 30'24.22 3 N30 12'41.01 E077 30'17.97 The Monitoring Committee in the presence of the officers of mining department and HSPCB checked the GPS coordinates of 1 boundary pillar with mobile phone and the same were found as latitude: N30 13'32 and longitude: E077 31'37 . The number of boundary pillars setup by the mining lease holder are very less and adequate no. of such boundary pillars may be erected at mining lease area. During the next visit of the Technical Expert of the Monitoring Committee on 23.04.2022, the GPS coordinates of the boundary pillar were checked and the photograph showing the pillar mentioning ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suppress the dust emissions. It is mentioned there that in compliance to order of Hon'ble National Green Tribunal, in one of the case, the mining lease holder has to make arrangements to use the treated sewage of nearby STP for sprinkling of water on the roads for suppression of dust. 12. The mining lease holder has not maintained un-mined block of 50 m length left after 1000 m length of mining lease area and as' such, has not complied with the conditions mentioned in the Mining Plan. 13. In the Mining Plan, it has been mentioned that in case of river Yamuna, no mining shall be permissible in an area upto width of 500 m from the active edges of embankment of the river. The mining lease holder has not maintained a distance of 500 m from the active edge of the embankment of river as noted during the last visit made on 23.04.2022, as the mining has been done just near the embankment of the river. As such, the mining lease holder has not followed the guidelines mentioned as Sustainable Sand Mining Guidelines, 2016, violated the conditions mentioned in the Mining Plan and Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a from the active edge of the river Yamuna. 8. The mining lease holder shall provide protective equipment like dust masks, ear plugs / muffs and other equipments to the laborer working in the mining lease area. 3.3 River mining site for mining of boulders, gravel, sand at village Pobari, Block YNR-B-11, Tehsil Radaur, District Yamunanagar by M/s Development Strategies India Pvt. Ltd., Sarojini colony, Yamunanagar. The mining lease area of 23.05 hectares (non forest) has been allotted by the Department of Mines and Geology and issued letter of intent on 19.06.2015 to M/s Development Strategies India Pvt. Ltd., Sarojini colony, Yamunanagar with lease period of 9 years. The Environment Clearance under EIA Notification dated 14.09.2006 was granted by SEIAA, Haryana on 27.06.2016 for production capacity of 1.1 Million T/Year and consent to operate under Air Act, 1981 was granted HSPCB 31.08.2016. As per the record maintained by Department of Mines and Geology and Mining Plan submitted by the mining lease holder (M/s Development Strategies India Pvt. Ltd., Sarojini colony, Yamunanagar), boulder, gravel and sand mining site in river area, having total lease area of 23.05 hectares, exists ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... however, the mining lease holder has not left a barrier of 7.5 m wide from the boundary of the mining lease area. 4. The Monitoring Committee noted the coordinates of the one of the boundary pillar erected at boundary of mining lease site with mobile phone, which were found as latitude : N3O 00 and longitude : EO77 15'. 5. No CCTV cameras have been installed at the vulnerable points. 6. During the last visit made on 23.04.2022 by the Technical Expert of the Monitoring Committee, it was observed that the distance of mining lease area from the embankment of river was about 250 m, which is less than distance of 500 m to be maintained from the embankment of the river Yamuna. As such, the mining lease holder has violated the provisions of Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012. 7. Weigh bridge has not been provided at the entry of mining lease area. 8. The condition of the road through, which the mined material is transported is not good, fully stabilized and compacted. 9. The Committee could not check as to whether GPS system have been provided on the vehicles carrying mined material as no vehicles were f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.0 hectares as mentioned in the Mining Plan, may be completed at the end of the mining lease. 6. The Department of Mines and Geology shall take action against the mining lease holder for violating the provisions of Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 for not keeping 500 m distance of mining lease area from the active edge of the river Yamuna. 4.0 General recommendations of the Monitoring Committee with regards to each mining site (non river mining site at village Kohliwala, Tehsil Chhachhrauli, District Yamunanagar; river mining site at village Bailgarh, Tehsil Chhachhrauli, District Yamunanagar and river mining site at village Pobari, Tehsil Radaur, District Yamunanagar): 1. There should be a mechanism at district level to generate the system which may enable the authorities to develop periodic report on different parameters like daily lifting report, vehicle log or history, lifting against allocation and total lifting. The system can be used to generate auto mails or SMS. This will enable the Deputy Commissioner, Yamunanagar to get all the relevant details and shall enable the authority to block the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt for trial conviction. 5. District level Task Force shall check the compliance of Mining Plan submitted by each mining lease holder operating their mining activities in non-river area and in river area within 02 months and report be submitted to Mining department as well as Deputy Commissioner, Yamunanagar for further action. 6. The department of Transport and Police shall jointly check the overloaded trucks / vehicles carrying minor mineral/sand and heavy fine may be imposed on these vehicles/trucks. The trucks/vehicles and driving License of the driver may be seized and put into safe custody for 01 month and these trucks/vehicles shall be released following the procedure and methodology as mentioned in para 8 of order dated 26.2.2021 in OA No 360 of 2015 in the matter of National Green Tribunal Bar Association V/s Virender Singh (State of Gujarat). 7. The Department of Irrigation may continue to make survey along river Yamuna four times in a year to ensure that no sand and gravel is allowed to be extracted, where, erosion may occur and especially at the concave banks of the river. 8. The Department of Mines and Geology shall provide Geo-fencing on the mining lease area within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P may be utilized for sprinkling of water to suppress the dust emissions generated during movement of the vehicles. 15. CCTV cameras may be installed at all the vulnerable points in the mining lease area. 16. The Department of Mines and Geology shall provide advance technological drones to take prompt against the illegal mining. 17. The Monitoring mechanism for seize and release of vehicles used for illegal mining / scale of compensation for violation on Polluter pays principle as mentioned in para no. 8 to 11 of order dated 26.02.2021 in OA no. 360 of 2015 in the matter of National Green Tribunal Bar Association versus Virender Singh (State of Gujarat) may be implemented by the concern departments. 18. The Department of Mines and Geology and District Level Task Force shall strictly follow the Sustainable Sand Mining Guidelines, 2016 and Enforcement and Monitoring Guidelines for Sand Mining, 2020 to check the illegal mining by the mining lease holder. 5.0 Other observations and recommendations w.r.t. stone crushers / screening plants operating in the area 5.1 Observations The Monitoring Committee during its visit to the mining sites in village Kohliwala and village Bailgarh of Dist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut violation of condition for plantation. Defence is that plantation was not viable. There is no specific response to other violations mentioned above. Further, it is undisputed that replenishment status was never monitored by the PPs in terms of EC condition, the mandate under the judgment of the Hon ble Supreme Court in Deepak Kumar v. State of Haryana Ors. [(2012) 4 SCC 629] and under the Sustainable Sand Mining Management Guidelines, 2016 and Enforcement Monitoring Guidelines for Sand Mining-2020 issued by the MoEF CC. 6. We find it appropriate to accept the report as there is no meaningful objection against the same. Thus, it is clear 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 mi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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