Order of the National Green Tribunal in the matter of Abhinav Gramodyog & Seva Sansthan Vs State Level Environment Impact Assessment Authority, Uttar Pradesh & Others dated 02/05/2022.

[2]

Applications were filed for review of the NGT order, November 20, 2020 quashing the EC for mining project in district Sonbhadra, Uttar Pradesh in favour of M/s R.S.I. Stone World Pvt. Ltd. on the grounds that the project had to be treated as Category ‘A’, being within specified distance from critically polluted industrial areas. In such situation ‘General Condition’ appended to EIA Notification, September 14, 2006 is attracted and appraisal could only be by MoEF&CC and not by SEIAA.

The review application said that factually the critically polluted area was beyond the specified distance.

Taking into consideration the statement, the Tribunal constituted a joint committee. Report by the committee, October 26, 2021 informed the NGT that the project is located at more than 10 km distance from Critically Polluted Area (CPA)/ Severely Polluted Area (SPA).

In view of the joint committee report, the court allowed the review application and recalled the NGT order, September 20, 2020.