Order of the National Green Tribunal in the matter of Jagriti Sansthan Vs State of Uttar Pradesh dated 16/07/2020.

The issue for consideration is the remedial action against illegal extraction of groundwater for washing silica sand without obtaining necessary NOC from the Central Ground Water Authority (CGWA) in Shankargarh Block, Allahabad District, Uttar Pradesh. Report filed by the Divisional Commissioner, Prayagraj on June 18, 2020 informed the Tribunal that in respect of 61 units Environmental Compensation has been imposed in the month of August 2019 by permission of competent authority @7.25 lacs. However with regards to the 9 units no process to issuing Environmental Compensation has been taken place as they have been already found closed. Further, 60 recovery certificates out of 61 units had been issued against illegal silica washing plants and remaining one was under process and the same would be issued.

The bench of Justice Adarsh Kumar Goel and Justice Sonam Phintso Wangdi said that mere closure of the silica washing units would not wipe out their liability for the violations already committed. Also, no process had been initiated with regard to 9 units on the ground that those had already been closed. The Divisional Commissioner, Prayagraj has been directed to ensure further action and recover compensation from all the violators.