New Delhi, Feb 2 Underlining that strict action is required to be taken against people involved in illegal sand mining, the National Green Tribunal (NGT) has directed the Uttar Pradesh authorities to take stringent measures for preventing such unauthorised mining and transportation of minor minerals.
The green body was hearing a plea regarding illegal sand mining in the Kanpur and Unnao areas in Uttar Pradesh causing pollution in River Ganga.
In an order dated January 16 and made available recently, a bench of NGT's judicial member Justice Arun Kumar Tyagi and expert member Afroz Ahmad said, "The applicant has submitted that sand mining activities have been carried out without having environmental clearance (EC) and even if ECs have been granted, then those norms of clearances have not been complied with by the mining lessees which has caused severe damage to river belt."
The tribunal noted that the applicant had named a private person or project proponent who was carrying out illegal sand mining in Bilhaur near Kanpur and built an unauthorised bridge in the Ganga river, dividing it into two streams which had become hazardous to the nearby villages and could be catastrophic for the entire region.
Noting a report by a panel, the tribunal, however, said it revealed a "graver misconduct" of illegal construction of a temporary road in the Ganga, dividing the stream and obstructing its flow, which had a far more serious adverse environmental impact than any temporary bridge.
Rapping the state's director of the geology and mining department for remaining "completely insensitive to the issue" and "culpably ignoring" it, the tribunal said, "Natural river channels can be destroyed and dried up by spending small amounts of money, but cannot be created even with huge amounts of money and other infrastructural resources."
It said, "The facts and circumstances of the present case reveal serious violations of environmental laws/norms by the Respondent 2 (project proponent) and serious derelictions of duties by concerned officers of the (state's) mining department and Uttar Pradesh Pollution Control Board (UPPCB)."
The tribunal directed the state chief secretary to issue appropriate instructions to all district magistrates to ensure that a copy of the executed mining lease is immediately sent to the UPPCB's member secretary and the board's regional office.
This, the tribunal said, was necessary to ensure compliance with the EC conditions and for obtaining the mandatory consent to establish (CTE) and consent to operate (CTO) before commencement of mining.
It asked the director of the geology and mining department to ensure that complete information about all mining leases and permits was uploaded on its website. Besides, the UPPCB had to upload the details, including the application and grant of CTE and CTO by mining lease holders.
The tribunal said, "Illegal mining has to be dealt with sternly by visiting the persons involved with all stipulated consequences without any leniency. It may be observed that strict action is required to be taken against all persons involved in illegal mining in accordance with the law."
It directed the department's director, district magistrates and superintendents of police to ensure that no mining is allowed to commence or continue by any of the mining lease holders without obtaining CTE or CTO from the UPPCB.
The tribunal asked the director and UPPCB's member secretary to maintain a database of satellite imagery of the leased out mining area to enable easy detection of unlawful activities like the construction of temporary bridges, roads or passages and to ensure that no temporary bridge or road was constructed across river streams or channels for carrying out mining and allied activities.
"All the district magistrates and the commissioners/superintendents of police of the concerned district are directed to periodically make surprise visits in the mining lease sites in the district for preventing illegal mining and to take all requisite measures to ensure that no illegal mining and illegal transportation of mined minor minerals takes place," the tribunal said.
