1. Mr. Gautam Sharma resident of village Haji Mohammadpur Kotkadar, Tehsil Nagina, District Bijnor Uttar Pradesh has sent the present letter petition, which is treated and registered as original application, complaining that illegal mining of sand and murram is being done in land measuring about 100 acres (instead of 15 bighas of land leased out) situated in Eco Sensitive Zone of Tiger Reserve/Elephant Zone and in the area of River Khoh, Tehsil Nagina, District Bijnor, Uttar Pradesh.

2. Vide order dated 29.08.2022, this Tribunal constituted a Joint Committee with direction to submit factual and action taken report within one month.

3. In compliance thereof the report of the Joint Committee has been filed by Mr. Vikas Mishra, Regional Officer, UPPCB vide letter dated 03.11.2022 through email dated 03.11.2022. The relevant part of the report of the Joint Committee is reproduced below:-

“Joint Inspection Report in the matter of Gautam Sharma Vs. State of Uttar Pradesh (O.A No. 485/2022), Hon’ble NGT Order dated 29.08.2022 prepared by Joint Committee of SDM, DFO, Mining Officer and UPPCB.

X X X X

2. Constitution of Joint Committee:

In compliance of Hon'ble NGT order dated 29/08/2022 a Joint Committee was constituted by District Magistrate, Bijnor vide its order No.-629/N-44/General-2022 dated 16-09-2022. Copy is annexed as Annexure-1.

The members of the Committee are as under

1. Sub District Magistrate, Nagina, District-Bijnor.

2. Divisional Forest Officer, Najibabad, District-Bijnor.

3. Mining Inspector, Bijnor.

4. Regional Officer, U.P. Pollution Control Board, Bijnor.

3- Observations:-

Inspection was carried out on dated 12.10.2022 by the Joint Committee. Detailed report is as follows:-

i. No Objection Certificate was issued by the Divisional Forest officer, Bijnor forest division, Najibabad, vide its letter no.-1315/22-1, Najibabad dated 23.11.2020 for mining of sand, gravel, morrum and boulder from gata no.-2 /102, area - 7.12 hectare, village - Shahalipur Kotra, Tehsil - Nagina, District - Bijnor. Copy is annexed as Annexure-2.

ii. Letter of intent was issued to M/s Brijwala Infra Solutions Pvt . Ltd., (Director- Shri Satyendra Singh S/o Shri Brijendra Singh and Shri Brijendra Singh S/o Shri Ramji Lal, ResidenceA-7, Mangal Vihar Colony, Near Nangla Maulvi, Aligarh, U.P.) for mining permit of River bed material (RBM) estimated mineable quantity 24,300 cubic meter available on Niji Bhumi situated on River bed (Khoh river) gata no.-2 /102, Area - 1.215 hectare, village - Shahalipur Kotra, Tehsil - Nagina, District - Bijnor by District Magistrate, Bijnor vide office order no.- 336/mineral section(consent letter)-21 dated 20.04.2021. Copy is annexed as Annexure -3.

iii. State Level Environment Impact Assessment Authority, Uttar Pradesh was issued Environmental Clearance on dated 16.12.2021 for mining of R.B.M. (Mixed form) mineable estimated quantity 24,300 cubic meter from Niji Bhumi gata no.-2 /102, total area - 1.215 hectare, village - Shahalipur Kotra, Tehsil - Nagina, District - Bijnor. Copy is annexed as Annexure -4.

iv. Mining permit was issued to M/s Brijwala Infra Solutions Pvt Ltd. for mining of sand, gravel, boulder (mixed form)/RBM quantity of mineable 24300 cubic meters from gata no.-2/102, total area-1.215 hectares, village-Shahalipur Kotra, TehsilNagina, District-Bijnor by District Magistrate, Bijnor vide office order no.-1115/Kha.Li.-permit-2022 dated 03.01.2022 for a period of 06 months (up to 30.06.2022). Copy is annexed as Annexure -5.

v. During inspection, it was observed that, Khoh river was flowing over the gata no.-2/102, area-1.215 hectares, villageShahalipur Kotra, Tehsil-Nagina, District-Bijnor. Further, illegal mining of sand, morrum or River bed material (R.B.M.) was not found from gata no.-2/102, area-1.215 hectares, villageShahalipur Kotra, Tehsil-Nagina, District-Bijnor. During inspection it was also observed that mining activity of river bed material from gata no.-2/102, area-1.215 hectares, villageShahalipur Kotra, Tehsil-Nagina, District-Bijnor was not being done by the M/s Brijwala Infra Solutions Pvt. Ltd. during joint inspection. Photographs is annexed as Annexure -6.

vi No Objection Certificate was issued by the Divisional Forest officer, Bijnor forest division, Najibabad, vide its letter no.- 1316/22-1, Najibabad on dated 23.11.2020 for mining of sand, gravel, morrum and boulder from gata no.- 70 mi, area - 1.770 hectare, village - Abulfazalpur Pahara, Tehsil-Nagina, DistrictBijnor. Copy is annexed as Annexure -7.

vii Letter of intent was issued to M/s Jayanti Entrepreneur Pvt. Ltd., Director Shri Dilip Kumar Ojha S/o Shri Hanuman Prasad Ojha, R/o-184, N Block, Kidwai Nagar, Kanpur Nagar (U.P.) for mining permit of mining River bed material (RBM) estimated mineable quantity 26,544 cubic meter available on Niji Bhumi situated on River bed (Khoh river) gata no.- 70 mi, area - 1.264 hectare, village - Abulfazalpur Pahara, Tehsil-Nagina, DistrictBijnor by District Magistrate, District-Bijnor vide its order no.- 255/mineral section(consent letter)-21 dated 09.04.2021. Copy is annexed as Annexure -8.

viii State Level Environment Impact Assessment Authority, Uttar Pradesh was issued Environmental Clearance on dated 29.12.2021 for mining of R.B.M. (Mixed form) mineable estimated quantity 26,544 cubic meter from Niji Bhumi gata no.- 70 mi, area - 1.264 hectare, village - Abulfazalpur Pahara, Tehsil-Nagina, District-Bijnor. Copy is annexed as Annexure -9.

ix Mining permit was issued to M/s Jayanti Entrepreneur Pvt. Ltd. for mining of sand, gravel, boulder (mixed form)/RBM quantity of mineable 26,544 cubic meters from gata no.- 70 mi, area - 1.264 hectare, village - Abulfazalpur Pahara, TehsilNagina, District-Bijnor by District Magistrate, Bijnor vide its order no.-1117/Kha.Li.-permit-2022 on dated 03.01.2022 for a period of 06 months (up to 30.06.2022). Copy is annexed as Annexure -10.

x The mining of River bed material from gata no.- 70 mi, area - 1.264 hectare, village - Abulfazalpur Pahara, Tehsil-Nagina, District-Bijnor was done by the M/s Jayanti Entrepreneur Pvt. Ltd. as per the approved mining permit. Online portal detail of Directorate of Geology and Mining Uttar Pradesh is enclosed. Copy is annexed as Annexure -11.

xi During inspection, it was observed that Khoh river was flowing over the gata no.- 70 mi, area - 1.264 hectare, village - Abulfazalpur Pahara, Tehsil-Nagina, District-Bijnor and illegal mining of sand/morrum or River Bed Material (R.B.M.) was not being done from gata no.-70 mi,. area - 1.264 hectare, village - Abulfazalpur Pahara, Tehsil-Nagina, District-Bijnor. Further, it was also observed that mining activity of River Bed Material (R.B.M.) from gata no.- 70 mi, area - 1.264 hectare, village - Abulfazalpur Pahara, Tehsil-Nagina, District-Bijnor was not being done by the M/s Jayanti Entrepreneur Pvt. Ltd. Photographs is annexed as Annexure-12.

4. Conclusions:

i. Khoh River was flowing over the gata no.-2/102, area-1.215 hectares, located at village-Shahalipur Kotra, Tehsil-Nagina, District-Bijnor.

ii. During inspection, it was found that mining activity of River Bed Material from gata no.-2/102, area-1.215 hectares, village-Shahalipur Kotra, Tehsil-Nagina, District-Bijnor was not being done by the M/s Brijwala Infra Solutions Pvt. Ltd.

iii. Khoh River was flowing over the gata no.- 70 mi, area - 1.264 hectare, village - Abulfazalpur Pahara, Tehsil-Nagina, District-Bijnor.

iv. During inspection, it was found that mining activity of River Bed Material (R.B.M.) from gata no.- 70 mi, area - 1.264 hectare, located at village - Abulfazalpur Pahara, Tehsil-Nagina, District-Bijnor was not being done by the M/s Jayanti Entrepreneur Pvt. Ltd.

5- Action taken:-

Earlier, the penalty of Rs.-37,59,200/- was imposed by the District Magistrate, Bijnor to M/s Brijwala Infra Solutions Pvt. Ltd. due to illegal mining of sand/sub mineral 2100 cubic meters from Khasra no.-207, Village-shahpur, ParganaBadhapur, Tehsil-Nagina, District-Bijnor and Mining permit issued to M/s Brijwala Infra Solutions Pvt. Ltd. was also cancelled by the District Magistrate, Bijnor vide its letter no.- 1505/mineral section-22 dated-12.05.2022. Copy is annexed as Annexure -13.”

4. Vide order dated 10.11.2022, notices were ordered to be issued to the respondents no. 1 to 4 requiring them to file their reply/response and learned counsel for the UPPCB also sought time to file its reply/response.

5. In compliance thereof Replies/response have been filed by Respondent No. 2-Director, Geology and Mining, Government of Uttar Pradesh vide email dated 21.02.2023, by Respondent No. 3-UPPCB vide email dated 16.02.2023 and by Respondent No. 4-District Magistrate, Bijnor vide email dated 21.02.2023.

6. The relevant part of the reply/response of respondent no. 2 is reproduced below:-

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4. In view of the averments in the application and observations in the report of the Joint Committee, we consider it appropriate to have response of (1) State of Uttar Pradesh through Chief Secretary, Government of Uttar Pradesh, (2) Director, Mining and Geology Department, State of Uttar Pradesh, (3) State PCB, and (4) District Magistrate, Bijnor, who stand impleaded as respondents No. 1 to 4. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1,2 and 4 requiring them to file their reply/response within two months at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.

5. Learned counsel for the UPPCB seek time to file reply/response on behalf of State PCB.

6. Reply / response on behalf of State PCB be filed within two months as directed above.

7. List the matter for further consideration on 23.02.2023.

7. The relevant part of the reply/response of respondent no. 3 is reproduced below:-

“Response on behalf of Uttar Pradesh Pollution Control Board in compliance of Hon'ble NGT order dated 10-11- 2022 in OA 485/2022 Gautam Sharma vs. State of Uttar Pradesh.

Background:-

1- That Hon'ble NGT in OA no. 485/2022 has considered the letter petition as original application, complaining that illegal mining of sand and murram is being done in land measuring about 100 acres (instead of 15 bighas of land leased out) situated in Eco Sensitive Zone of Tiger Reserve/Elephant Zone and in the area of River Khoh, Tehsil Nagina, District Bijnor, Uttar Pradesh.

2- That in compliance of directions passed by Hon'ble NGT vide order dated 29-08-2022 joint committee comprising of District Administration Amroha, DFO Amroha, Mining Officer, Amroha and UPPCB conducted joint inspection on 12-10-2022 and joint inspection report submitted in Hon'ble NGT on 03-11- 2022. In the joint inspection it was found that mining activity on the river bed from Gata No. 2/102 at village Shahalipur Kotara, Tehsil-Nagina, District-Bijnore was not being done by M/s Brijwala Infra Solution Pvt. Ltd.

3- That during joint inspection dated 12-10-2022 it was found that mining activity on the river bed from Gata No. 70MI at Village-Abulfazalpur Pahara, Tehsil-Nagina, District-Bijnore was not being done by M/s Jayanti Entrepreneur Pvt. Ltd.

4- That District Magistrate, Bijnore vide letter dated 12-05- 2022 has cancelled the mining permit of M/s Brijwala Infra Solution Pvt. Ltd. and has imposed penalty of Rs. 37,59,200/- against the unit.

5- That Hon'ble NGT vide order dated 10-11-2022 has issued directions to filled response of State of U.P. through Chief Secretary and response of State Pollution Control Board. The operative part of order dated 10-11-2022 is reproduced as below:-

“.....4. In view of the averments in the application and observations in the report of the Joint Committee, we consider it appropriate to have response of (1) State of Uttar Pradesh through Chief Secretary, Government of Uttar Pradesh, (2) Director, Mining and Geology Department, State of Uttar Pradesh, (3) State PCB, and (4) District Magistrate, Bijnor, who stand impleaded as respondents No. 1 to 4. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1.2 and 4 requiring them to file their reply/response within two months at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF….”

Response:-

1- That incompliance of directions issued by Hon'ble NGT on 10-11-2022 officials of Regional Office Uttar Pradesh Pollution Control Board, Bijnore inspected the site on 11-02-2023.

2- That during inspection dated 11-02-2023 no mining activity was carried out by M/s Brijwala Infra Solution Pvt. Ltd on the river bed from Gata No. 2/102, area-1.215 hectare, Village-Shahalipur Kotra, Tehsil-Nagina, District-Bijnore.

3- That during inspection dated 11-02-2023 no mining activity was carried out by M/s Jayanti Entrepreneur Pvt. Ltd. on the river bed from Gata No. 70MI, area-1.264 hectare, village Abulfazalpur Pahara, Tehsil-Nagina, District-Bijnore. The inspection report dated 11-02-2023 with Geo tagged Photographs is attached as Annexure-1.

Annexure-1

Inspection report, In the Matter of O.A. NO.-485/2022 Gautam Sharma V/S State of Uttar Pradesh.

In the Matter of O.A. NO.-485/2022 Gautam Sharma V/S State of Uttar Pradesh, Earlier, inspection was carried out on dated 12.10.2022 by the Joint Committee and report filed in the Hon'ble NGT on dated 03.11.2022 through E-mail by UPPCB. Latest inspection was carried out on 11.02.2023 by UPPCB. At the time of inspection mining activity of river bed material from gata no.-2/102; area-1.215 hectares, village-Shahalipur Kotra, Tehsli-Nagina, District-Bijnor was not being done by the M/s Brijwala Infra Solutions Pvt. Ltd., Photographs is annexed as Annexure-1. Mining activity of River Bed Material (R.B.M.) from gata no.- 70 mi, area - 1.264 hectare, village - Abulfazalpur Pahara, Tehsil-Nagina, District-Bijnor was not being done by the M/s Jayanti Entrepreneur Pvt. Ltd., Photographs is annexed as Annexure-2.”

8. The relevant part of the reply/response of respondent no. 4 is reproduced below:-

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9. We have gone through the replies/response filed on behalf of Respondents No. 2 to 4. There is no mention in the replies/response filed by Respondents No. 2 to 4 as to whether CTE/CTO was obtained by the mining lease holders. Further, penalty of ₹37,59,200/- is stated to have been imposed on mining lease holder-M/s. Brajwala Infratech Ltd., out of which recovery of ₹27,14,061/- is stated to be pending but no details regarding status of the recovery proceedings have been given in the reply.

10. Vide order dated 23.02.2023 Respondent No. 3-UPPCB was directed to file additional reply mentioning requisite details regarding obtaining of CTE/CTO by the mining lease holders from the UPPCB and Respondent No. 4-District Magistrate, Bijnor, was also directed to file additional reply with requisite details regarding status of recovery proceedings along with copies of relevant documents.

11. In compliance thereof report has been filed by Respondent No. 4- District Magistrate, Bijnor vide email dated 23.05.2023. Additional reply has been filed by Respondent No. 3-UPPCB vide email dated 23.05.2023. Response has also been filed by Respondent No. 3- Director, Geology and Mining, Government of Uttar Pradesh vide email dated 24.05.2023.

12. The relevant report of the Respondent No. 4-District Magistrate, Bijnor is reproduced below:-

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13. The relevant additional reply of the Respondent No. 3-UPPCB is reproduced below:-

“Additional reply on behalf of UPPCB compliance to directions issued by Hon'ble NGT vide order dated 23.02.2023 in the matter of Gautam Sharma Vs State of U.P. & Ors. in O.A. No. 485/2022-

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In compliance of the above directions passed by Hon'ble NGT, additional reply regarding obtaining CTE/CTO from UPPCB by Mining lease holders is as below: -

1- M/s Brijwala Infra Solutions Pvt. Ltd., (Mining lease holder) Gata no. 2/102 village Shahalipur Kotra, Near Khoh river, Tehsil Nagina, District Bijnor —

 The unit had applied for Consent to Establish (CTE) on 03.01.2022 under the provisions of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 which was refused by U.P. Pollution Control Board vide ref. no. 147467 /UPPCB /Bijnor(UPPCBR0) /CTE /Bijnor /2022 dated 24.03.2022.

 It is submitted that earlier Central Pollution Control Board (CPCB) has issued a letter dated 02-02-2017 regarding mechanism to be followed for granting Consent to Operate (CTO) under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, for certain category of industries. As per the letter the projects which has obtained Environmental Clearance (EC) from SEIAA and installed requisite pollution control system, may be issued Consent to Operate (CTO) directly. (The letter of CPCB dated 02-02-2017 is enclosed herewith and annexed as Annexure No.-1)

 It is submitted that the unit has not applied for obtaining Consent to Operate (CTO) from UP Pollution Control Board under the provisions of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 till date.

2- M/s Jayanti Entrepreneur Pvt. Ltd.,(Mining lease holder) Gata no. 70mi, village Abulfazalpur, Pahara, Near Khoh river, Tehsil Nagina, District Bijnor

It is submitted that M/s Jayanti Entrepreneur Pvt. Ltd. for mining of River Bed Material (RBM) on river bed of river Khoh at gata no. 70mi, village Abulfazalpur, Pahara, Tehsil Nagina, District Bijnor has not applied for obtaining Consent to Operate (CTO) from UP Pollution Control Board under the provisions of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 till date.”

14. The relevant response of the Respondent No. 3- Director, Geology and Mining, Government of Uttar Pradesh is reproduced below:-

“Subject: Filing of response in O.A.No.485/2022 Gautam Sharma vs. State of U.P. and others.

X X X X

As per comments received from District Magistrate, Bijnour dated 22.05.2023 it is hereby submitted that Rs. 18,85,680/- was deposited by the firm (M/S Brijwala Infra solution) on 11.05.2022 and Rs. 1,16,536/- was deposited by the firm on 12.05.2022. Further, on 28.07.2022 Rs. 1,00,000/-; on 10.03.2023 Rs.1,00,000/-; on 31.03.2023 Rs. 1,00,000/-; on 31.03.2023 Rs. 50,000/- has been recovered. Thus, out of Rs. 27,14,061/-a sum of Rs. 23,52,216/-has been recovered and Rs. 3,61,845/- is yet to be recovered for which proceeding is going on and is expected to be recovered soon.”

15. We have heard learned Counsel for the respondents no. 1 to 4 and we have gone through the averments made in the application, observations made by the joint Committee and report/replies/responses filed by the respondents.

16. In the present case mining permit for six months with validity upto 30.06.2022 were issued by the District Magistrate, Bijnor. In compliance of order dated 29.08.2022 passed by this Tribunal, the Joint Committee carried out the inspection of the mining sites on 12.10.2022. The Joint Committee has reported that at the time of inspection by the Joint Committee no mining was being done by any of the mining permit holders. The Joint Committee has not reported about illegal mining by any other person. Therefore, so far as the grievance regarding illegal mining on 100 acres of land is concerned, no further action is required to be taken on the present application.

17. It may be observed that in the present case the mining permit holders were required to apply to UPPCB for CTE and CTO under the Water Act and Air Act. In its reply/response UPPCB has submitted that application for CTE filed by M/s Birijwala Infra Solutions Pvt. Ltd. was refused by UPPCB vide ref. no. 147467/UPPCB/Bijnor (UPPCBRO)/ CTE/Bijnor/2022 dated 24.03.2022 and that both the mining permit holders did not apply to UPPCB for grant of CTO till date.

18. It may also be observed that mining permit holder M/s Birijwala Infra Solutions Pvt. Ltd. committed breech of the terms and conditions thereof on which the permit was cancelled and penalty of Rs. 37,59,200/- was imposed on M/s Birijwala Infra Solutions Pvt. Ltd. out of which amount of Rs. 3,61,845/- is yet to be recovered.

19. However, in the present case UPPCB has not taken any action for imposition of environmental compensation on the mining permit holders for not obtaining CTE/CTO from UPPCB. UPPCB is directed to take appropriate environmental compensation on the mining permit holders on realization of EC, the amount shall be utilized for remediation of environmental damage caused by breach of the terms and conditions thereof by implementing environmental amelioration measures in the area like plantation programme through DFO, Bijnor.

20. The application is disposed of accordingly with directions as mentioned above.

21. A copy of this order be sent to the District Magistrate, Bijnor and DFO, Bijnor, applicant and the respondents for information and requisite compliance.