Order of the National Green Tribunal in the matter of Atul Singh Chauhan Vs Ministry of Environment, Forests and Climate Change & Others dated 06/04/2023.

Grievance in the application was against illegal sand mining in river bed and within the stream of Yamuna at Prayagraj and Kaushambi districts of Uttar Pradesh. It was stated that mining was being done with the help of heavy machines, using more than 1000 boats at Pahuwa, Pratappur, Nevadiya, Amiliya, Masiyari, Fulwa, Bisona, Asrawal, Manpur, Bhampur, Mishrapur, Nagawar, Gadispur, Bhikhana, Bebar, Palpur, Vidyapeeth, Majhiyari, Baswar, Bhilor, Nanda Ka Purva, Saidpur and other locations. 400-500 overloaded trucks per day are going day and night though approval is only for 125 trucks.

The bench of Justice Adarsh Kumar Goel and Sudhir Agarwal of the NGT noted that the matter was earlier also raised before the court (O.A. No. 670/2018, Atul Singh Chauhan vs. Ministry of Environment and Forests & Climate Change & Ors) which was disposed of by the tribunal vide order dated March 18, 2021 in terms of the recommendations of the Oversight Committee.

The Oversight Committee observed that there have been many complaints regarding illegal mining in the year 2020-21 specially in districts of Prayagraj. "Mining is done without a mining plan in utter violation of environmental norms and is a grave threat to environment and ecology", the report said.

The oversight committee report stressed on the fact that the state government should have a zero tolerance on illegal mining with the Directorate of Mining and District Administration should immediately enquire into all such cases. In the present application, the applicant, Atul Singh Chauhan has stated that inspite of orders of the court, the violations are continuing.

The NGT directed the District Magistrates of Prayagraj and Kaushambi to look into the matter and "take action as per law in  the light of earlier directions of the tribunal."