Order of the National Green Tribunal in the matter of Haidar Khan Vs State of Uttar Pradesh dated 29/04/2022.

The issue for consideration is remedial action against illegal sand mining, in violation of environmental norms, by M/s. R.S.I. Stone World Limited, without requisite consent from the Uttar Pradesh Pollution Control Board, in tehsil Naraini, district Banda, Uttar Pradesh.

The SPCB in its report, September 22, 2020 based on the inspection, May 6, 2020 by the mining officer to the effect that illegal mining by M/s. R.S.I. Stone World Limited was found without requisite consent from the SPCB and also in violation of norms. The District Magistrate issued notice to the unit and as per Mining Rules required compensation of Rs. 1.43 crores.

The matter was considered by the NGT, September 30, 2021 in the light of further report by the state PCB, September 6, 2021. The report informed the court that illegal mining by way of overloading of trucks, causing air pollution, mining outside the mining area, use of lifter machines, part of which were found inside the Kane river.

The District Magistrate, Banda cancelled the lease and blacklisted the project proponent and also levied penalty.

The Tribunal further considered the matter and found that compensation for damage to the environment had not been recovered which was required to be done by the statutory regulator.

The NGT, April 29, 2022 directed the District Magistrate to verify the value of the mined  material to fix the amount of compensation to be paid. The compensation amount should be utilized for restoration of the environment by preparing a restoration plan jointly by the state PCB and the District Magistrate. The action plan must address control of air pollution, restoring the river, rehabilitating damaged mined areas and other environmental aspects. The district magistrate would be the nodal agency for execution of the plan, the court order read.