Order of the National Green Tribunal (Central Zone Bench, Bhopal) in the matter of Tarun Kanujiya (Sahas Mahila Sikshan Evam Samajik Vikas Sanstha) Vs State of Madhya Pradesh & Others dated 22/06/2021.

The issue raised in the application was illegal mining and prayer for directions to be issued to Madhya Pradesh State Mining Corporation to ensure scientific replenishment study as prescribed in Enforcement & Monitoring Guidelines for Sand Mining, 2020 before allowing sand mining and to take necessary action on the principle of polluter pays.

The NGT, August 26, 2020 had directed a committee consisting of the Collector, mining department and Madhya Pradesh Pollution Control Board to look into the matter and submit a report.

The court has been informed that the consent to operate for the sand quarry was valid upto March 31, 2021 and now it is not in operation. With respect to mining done in the past, the committee has said that the mining activities were done in accordance with the rules. The project proponent was required to carry out plantation work in and around the mining areas - which was not feasible and plantation has been done in other places, where it was feasible.

The bench of Justice Sheo Kumar Singh disposed of the application with the direction to the SPCB to ensure that there is compliance of Sustainable Sand Mining Management Guidelines, 2016 and Enforcement and Monitoring Guidelines for Sand Mining, 2020 and if there is any violation of environmental norms, to proceed in accordance with law. Further, the plantation must be done by the project proponent and the SPCB has been asked to ensure that it is done.