BALWINDER KUMAR vs

1 Item No.

03 Court No.

2 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No.

446/2022 Balwinder Kumar Applicant Versus State of Haryana & Ors.

Respondent(s) Date of hearing: 24.09.2024 CORAM: HON’BLE MR.

JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR.

AFROZ AHMAD, EXPERT MEMBER Applicant: Applicant in Person Respondents: Mr.

Rahul Khurana, Advocates for Respondent No.

1 to 6 with Mr.

V S Punia, RO, Mr.

Abhijeet Tanwar, AEE, HSPCB Yamunagar.

Mr.

Niranjan Lal, Mining Officer and Mr.

Aman Mining Inspector.

Narender Pal Singh with Mr.

Deepak Kumar Prasad, Advocates for Respondent No.

7, 8 & 11 ORDER 1.

Balwinder Kumar s/o Lakkhi Ram, r/o Village Kohliwala, Tehsil Chhachrauli, District Yamuna Nagar, State of Haryana sent a letter petition received in Tribunal on 06.04.2022 and same was registered as Original Application (hereinafter referred to as ‘OA’) under Section 14 and 15 of National Green Tribunal, 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in “Municipal Corporation of Greater Mumbai vs.

Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.

2.

Complainant has said that there are two villages Kohliwala and Mandewala in Bhudkala Gram Panchayat wherein about 156 acres of land is Panchayati and Shamlat.

Since 2016, illegal mining has been 2 carried out therein and even standing trees of Khair were cut illegally/unauthorizedly.

Report no.

3815 dated 14.09.2017 was filed by Block Development and Panchayat Officer, Chhachrauli in regard of illegal mining and unauthorized cutting of trees wherefrom it is evident that the said activities could be carried out in collusion with some officials with Shri Ram Screening Plant, Devbhumi Screening Plant, Jaimaa Laxmi Screening Plant, Shivalik Stone Crusher (owner Shiv Kumar, Village Kohliwala), Jai Maa Santoshi Screening Plant. ing Plant.

These Proponents carried out illegal mining and cutting of trees in collusion with Sandeep s/o Premchand Nambardar Village Kohliwala, Mohan Ram erstwhile Sarpanch Village Kohliwala, Subhash Chand s/o Pala Ram- Former Sarpanch, Amit Kumar s/o Pawan Kuymar village Kohliwala, Gurjeet Singh, the then Mining Officer and Block Development and Panchayat Officer, Chhachhrauli.

In collusion with the said Officers, about 90/100 acres of Panchayati land was illegally mined after cutting of Khair trees and despite repeated information by complainant, no action has been taken.

3.

Tribunal considered complaint on 26.07.2022 but found it appropriate to obtain a factual report and constituted a joint Committee comprising: i.

Director, Mines and Geology, Government of Haryana; ii.

Haryana State Pollution Control Board (hereinafter referred to as ‘HSPCB’); iii.

Divisional Forest Officer (hereinafter referred to as ‘DFO’); iv.

Deputy Commissioner, Yamuna Nagar.

3 4.

The said joint Committee was required to submit its report within two months.

Pursuant to order dated 26.07.2022, Regional Officer, HSPCB, Yamuna Nagar on behalf of joint Committee submitted report dated 30.12.2022 stating that inspection of site was conducted on 06.10.2022.

Assistant Mining Officer, Yamuna Nagar submitted a report based on inspection dated 06.10.2022 stating that at the time of inspection, no signs of fresh illegal mining in area was found; 25 acres of Panchayati land adjoining Mandewala and Devdhar Protected Forest is being used by Forest Department for plantation for last four years as informed by Forest Department; and office record shows that in year 2017-18, illegal mining was carried out, in respect thereof, several complaints for legal action were registered in P.S.

Pratapnagar.

Details of such actions given in the report of the concerned Mining Officer are as under:- Sr.

No.

Departme nt Memo no. & Date Concerned Official Matter Action Taken 1.

SPL-1 & 13.04.2017 Sh.

4.2017 Sh.Om Dutt Sharma, Mining Inspector For taking legal action against the screening plant owners (M/s Dhillon Screening Plant Vill.

Mandewala, M/s Shri Ganesh Screening Plant Vill.

Mandewala, M/s Prithvi Screening Plant Vill.

Kohliwala, M/s Neelkanth Screening Plant Vill Kohliwala, M/s Universal Screening Plant Vill.

Kohliwala, M/s Jai Mahaluxmi Screening Plant Vill.

Kohliwala, M/s Kunti Screening Plant Vill.

Kohliwala, M/s Devbhoomi Screening Plant Vill.

Kohliwala) for doing illegal mining in the land of villages Kohliwala & Mandewala.

FIR No.46/14.04.2017 2.

SPL-2 & Sh.Om Dutt For taking legal action against 4 15.04.2017 Sharma, Mining Inspector M/s Nanak Screening Plant Vill.

Kohliwala, M/s Hariom Screening Plant Vill.

Kohliwala, M/s Gori Shankar Screening Plant Vill.

Kohliwala, M/s Mohit Stone Crusher Vill.

Kohliwala and the persons namely Manga Ram S/o Prem Chand, Sonu S/o Prem Chand, Sandeep S/o Prem Chand, Ramesh, Rikhi Ram, Jasbir ,Shiv kumar S/o Jai Pal, Shiv Dayal S/o Sh.Mohinder Singh, Sudhir S/o Sh.

Subhash Chand & Sethpal S/o Sh.

Atma Ram for doing illegal mining in the land of villages Kohliwala & Mandewala.

SPL-2 & 22.04.2017 Sh.Om Dutt Sharma, Mining Inspector For taking legal action against the owner M/s Gori Shankar Screening Plant Vill.

Kohliwala and the J.C.B owner for doing illegal mining in the land of villages Kohliwala & Mandewala.

4.

SPL-1 & 24.05.2017 Sh.Om Dutt Sharma, Mining Inspector For taking legal action against the owner M/s Dev Bhoomi Screening Plant Village Kohliwala And J.C.B owner for doing illegal mining in the land of villages Kohliwala & Mandewala.

FIR73/24.05.2017 5.

1861 &31.05.20 17 Sh.

Rajiv Dhiman, Mining Officer For taking legal action against the persons involved in illegal mining in the land of villages Kohliwala & Mandewala 6.

SPL-1 & 06.06.2017 Sh.Om Dutt Sharma, Mining Inspector For taking legal action against the persons Sh.

Mahavir Singh S/o Sh.

Bhagwan Singh, Sh.

Mohit S/o Naresh kumar & Sh. umar & Sh.

Rohit S/o Mahavir Singh involved inillegal mining in the land of villages Kohliwala & Mandewala.

7.

SPL-2 & 06.08.2017 Sh.Om Dutt Sharma, Mining Inspector For taking legal action against the person Sh.

Satish Kumar S/o Sh.

Phool Singh involved in illegal mining in the panchayati land of village Kohliwala FIR No.

125/15.08.2017 8.

SPL-III & 15.08.2017 Sh.Om Dutt Sharma, Mining Inspector For taking legal action against the persons Sh.

Manga Ram S/o Sh.

Prem Chand & Sh.

Suresh Kumar S/o Sh.

Surta Ram involved in illegal mining in the land of village Mandewala.

FIR No.

126/15.08.2017 5 9.

2622 & 07.09.2017 Sh.

Gurjeet Singh, Mining Officer For taking action against the illegal mining in the panchayati land of Vill.

Kohliwala by M/s Jai Santoshi Maa Screening Plant of Sh.

Rishi Pal S/o Sh.

Bachiter Singh as informed by BDPO, Chhachhrauli vide memo no.

3677 dt.

06.09.2017 to S.H.O Pratapnagar.

10.

2651 & 13.09.2017 Sh.

Kohliwala and Bhud Kalan done by Sh.

Bachiter Singh, Sh.Rajinder S/o Sh.

Sadhu Ram, Sh.

Balinder S/o Sh.

Pala Ram, Sh.

Ram Pal S/o Sh.

Sukkad, Sh.

Rinku S/o Sh.

Ajmer , Sh.

Rajbir S/o Sh.

Jai Pal, Sh.

Ranbir S/o Sh.

Dharm Singh & Sh.Parveen S/o Sh.

Karnail also informed by BDPO, Chhachhrauli vide memo no.

3426 dt.

21.08.2017 to S.H.O Pratapnagar on which FIR already lodged byPolice Station.

136/24.08.2017 11.

2689 &15.09.20 17 Sh.

Gurjeet Singh,Mining Officer For taking action against the illegal mining in the panchayati land of Vill.

Kohliwala of Gram panchayat Bhud Kalan against Sh.

Sanjay Kumar S/o Sh.

Santosh Kumar of village Bahadarpur, Sh.

Jasbir S/o Sh.

Ilm Singh of village Niwazpur as informed by BDPO, Chhachhrauli vide memo no.

3783 dt.12.09.2017to S.H.O Pratapnagar 12.

SPL-IV & 13.09.2017 Sh.

9.2017 Sh.Om Dutt Sharma, Mining Inspector For taking legal action against the screening plants(M/s Shree Ram Screening Plant, M/s Dev Bhoomi Screening Plant & M/s Mahaluxmi Screening Plant) and persons (Sh.

Sandeep S/o Sh.

Praveen S/o Sh.

Karnail of village Kohliwala) involved in illegal mining in the panchayati land of village Kohliwala.

13.

2880 & 10.10.2017 Sh.

Gurjeet Singh,Mining Officer For taking legal action against the illegal mining in the panchayati land of Vill.

FIR No.180/11.10.201 7 6 Mandewala done by Sh.

Sethpal S/o Sh.

Balwant Singh, Sh Rajkumar S/o Sh Dharm Singh, Sh Satish Kumar S/o Sh Dharm Singh, Atinder Singh S/o Sh.

Sharaab Singh&Sh.

Bhupinder Singh S/o Sh.

Sharaab Singh as informed by BDPO, Chhachhrauli vide memo no.

4009 dt.

06.10.2017.

14.

2933 & 10.10.2017 Sh.

Kohliwala done by Sh.

Imal Singh Vill.

Niwazpur as informed by BDPO, Chhachhrauli vide memo no.

4006 dt.

15.

SPL-I & 26.02.2018 Sh.

Om Dutt Sharma, Mining Inspector For taking action against Ajay kumar S/o Sh.

Rajkumar of village Dekriwala and M/s Gori Shankar Screening Plant Vill.

Kohliwala carrying illegal mining in the panchayati land of Vill.

Kohliwala FIR No.18/26.02.2018 16.

SPL-IV & 27.04.2018 Sh.

Om Dutt Sharma, Mining Inspector For taking legal action against the illegal mining in the panchayati land of Vill.

Mandewala done by Sh.

Raj Kumar S/o Sh.

Dharam Singh as informed by BDPO, Khizrabad vide memo no.199 dt.23.04.2018.

No 88/29.05.2018 17.

SPL-V & 27.04.2018 Sh.

Dharam Singh' as informed by BDPO, Khizrabad vide memo no.

208 dt.

23.04.2018.

No 89/29.05.2018 18.

956 & 21.05.2018 Sh.

5.2018 Sh.

Balwinder Singh S/o Sh.

Lakhi Ram and Sh.

Bhopal S/o Sh.

Lakhi Ram Vill.

Kohliwalaas informed by BDPO, Chhachhrauli vide memo no.

253-54 dt.

01.05.2018 and 25556 dated 01.05.2018.

No 90/30.05.2018 19.

SPL-I & 08.06.2018 Sh.

Kohliwala done FIR No.

No 102/08.06.2018 7 by JCB driver Sh.

Om Parkash S/o Sh.

Ranjit Vill.

Bhood Kalan and owner of Gupta Enterprises.

20.

SPL-V & 04.07.2018 Sh.

Bhagwan Singh Vill.

Gulabgarh and Chaudhary ScreeningPlant, Kohliwala.

121/15.07.2018 21.

SPL-IV & 18.09.2018 Sh.

Kohliwala (Khasra No.

24//10, 11) done by Sh.

Dharam Singh & Sh.

Dharam Singh Vill.

Mandewala.

166/20.09.2018 22.

SPL-I & 08.12.2018 Sh.

Mange Ram S/o Sh.

Anil Kumar S/o Sh.

Samay Singh Vill.

FIR No.180/22.10.201 8 23.

SPL-II & 18.09.2018 Sh.

Mandewala done by Sh.Bhupinder Singh S/o Sh.

Sharaab Singh.

FIR No.184/25.10.201 8 24.

Rishipal S/o Sh.

Bachiter Singh Vill.

Kohliwala and M/s Jai Maa Santoshi Screening Plant, Vill.

Kohliwala.

25.

1245 & 11.07.

5 & 11.07.2019 Sh.

Sanjay Simberwal, Assistant Mining Engineer For taking legal action against the illegal mining in the panchayati land of Vill.

Kohliwala done by tractor trollies of villagers of the Kohliwala.

26.

1423 & 19.08.2019 Sh.

Sanjay Simberwal, Assistant Mining For taking legal action against the illegal mining in the panchayati land of Vill.

105/16.08.2019 27 1842 & 15.07.2020 Sh.

Sham Lal, Parmal Vill.

Kotda, Teh.

8 Behat, Distt.

Sharanpur as informed by BDPO Partapnagar vide memo no.

1240 dated 27.06.2020 & 3055 dated 02.07.2020.

5.

Authorities also caught a number of vehicles deployed for illegal transportation of minerals mined illegally and three years details of year 2017-18 to 2019-20 given in the said report reads as under:- Sr.

Year Vehicle Seized Fine Recovered 1 2017-18 320 ₹56,44,925 2 2018-19 584 ₹1,07,21,500 3 2019-20 597 ₹2,58,80,180 6.

It is further stated that Mining Department has now installed check posts/nakas for checking of illegal transportation in District Yamuna Nagar.

Police personals and Mining Officials have been deputed for checking of illegal mining in District under orders of Chairman, DLTFC- cum-DC, Yamuna Nagar.

It is also pointed out that complainant Balwinder Kumar has earlier sent a complaint in respect of illegal mining on Panchayati land of Village Kohliwala on 14.08.2017 and also registered same complaint on Chief Minister’s Window Portal dated 21.09.2021 and 22.09.2021.

Mining Department has also registered complaint for legal action vide Memo No.

956 dated 21.05.2018 against Balwinder Singh s/o Lakkhi Ram and Shri Bhopal s/o Lakkhi Ram, Village Kohliwala as informed by Block Development and Panchayati Officer, Khizrabad vide a Memo No.

253-54 dated 01.05.2018 and 255-56 dated 01.05.2018 as both were involved in illegal mining. al mining.

Station House Officer, Pratapnagar had lodged FIR No.

90 dated 30.05.2018 in respect to the said complaint.

9 8.

Joint Committee report further stated that land of village Kohliwala is adjoining to Mandewala Protected Forest.

There is no legal/illegal mining on protected forest of Village Mandewala which is adjoining to Kalesar Range as per report received from District Forest Officer vide letter dated 10.10.2022.

9.

Block Development and Panchayat Officer, Pratapnagar submitted report dated 10.10.2022 to Sub-Divisional Magistrate, Civil Bilaspur giving details of mining activities carried out on land in question since 1995 under permission/approval of Gram Panchayat, details of illegal mining activities and action initiated by Gram Panchayat, Bhudkala.

Report also contains details of instances of felling/theft of trees, and action initiated by Gram Panchayat Bhudkala.

Joint Committee report was considered by Tribunal on 02.01.2023.

It was observed that report did not contain any facts relating to running of screening plants as per environmental norms and no specific details are given in respect thereof.

Tribunal thus, directed joint Committee to look into allegations relating to running of Screening Plants in violation of environmental norms, verify the facts particularly with regard to consent status and compliance with environmental norms and submit report within two months.

Further, Tribunal impleaded following as respondents considering joint Committee report, giving details of large scale illegal mining and felling of trees leading to registration of number of First Information Reports: 1.

State of Haryana, through Chief Secretary, Government of Haryana; 10 2.

Principal Chief Conservator of Forest (HoFF), State of Haryana; 3.

Director, Mines and Geology, Government of Haryana; 4.

HSPCB; 5.

Deputy Commissioner, Yamuna Nagar; 6.

Superintendent of Police, Yamuna Nagar 11.

Nagar 11.

Notices were issued to said respondents permitting them to file their responses.

Respondents 1 to 4 were specifically directed to give information with regard to action already taken, further action to be taken for preventing illegal mining and illegal cutting of trees, assessment and realization of environmental compensation from violators and disciplinary action to be taken against defaulting officials of State Government or Panchayat etc.

12.

Superintendent of Police, Yamuna Nagar- respondent 6 submitted its response dated 14.03.2023 stating that after receiving complaint from Mining and Geology Department, 22 cases were registered against defaulting stone crushers and other violators of Mining Rules.

Further with regard to illegal mining and felling of trees, following two criminal cases were registered:- “ i.

FIR No.181 dt.

12-10-2 017 U/s 21.4 (1) Mining Act, P.S.Pratap Nagar ii.

FIR No.90 dt.

30-05-2018 U/s 21.4 (1) Mining Act, P.S.Pratap Nagar.” 13.

181 dated 12.10.2017 relates to cutting of 40 Khair trees due to illegal mining and FIR No.

90 dated 30.05.2018 relates to illegal cutting of 60/70 Khair trees due to illegal mining.

Against stone crushers i.e.

Devbhumi Screening Plant, Jai Maa Laxmi Screening Plant and Jai 11 Maa Santoshi Screening Plant, three cases were registered, and 19 cases were registered against other persons found indulged in illegal mining.

After receiving order dated 06.10.2022 from Deputy Commissioner, Yamuna Nagar, respondent 6 established one temporary police post on 08.10.2022 at Village Belgarh in Mining Zone consisting of one ASI, two head Constables, three Constables and two Special Police Officers/Home Guards; regular Police Patrolling and enforcement is being carried out in accordance with established norms; whenever any person/vehicle is found indulged in illegal mining, it is rounded up by Police and further necessary illegal action is taken in coordination with Mining Department.

As per report dated 12. dated 12.03.2023 received from Deputy Superintendent of Police, Yamuna Nagar-3, as on 11.03.2023, Police Personnel posted at Police Post Belgarh have taken into possession nine tractor-trolleys, three dumpers, two JCBs and one truck indulged in illegal mining and handed over to Mining Department for further necessary action.

Director General of Police, Haryana vide message dated 19.09.2022 allotted 43 police officials to District Yamuna Nagar to keep a check on illegal mining in District.

Out of these 43 Police Officials, 28 have been deployed at 7 different nakas in coordination with other Departments and remaining have been put on patrolling duty to crub illegal mining.

Whenever information is received about illegal mining, even Reserve Police Force is deputed to take appropriate action.

Regular meeting with Officials of different Departments with Deputy Superintendent of Police, Yamuna Nagar-3, who is the nodal officer of District Police, Yamuna Nagar are being held and measures to curb menace of illegal mining is discussed, executed and given effect to.

12 14.

HSPCB i.e. respondent 4 submitted joint Committee report dated 20.03.2023 giving status of the Screening Plants/Stone Crushers mentioned in Tribunal’s order as under:- “2 Status of Screening Plants/Stone Crusher a.

M/s Jai Shree Ram Screening Plant, Village Kohliwala, Khizrabad, Yamuna Nagar:- The unit is screening plant and is covered under the Consent Management of HSPCB.

Further, the screening plant in the State of Haryana are established in compliance of the provisions of the notification dated 10.03.2016 issued by Environment Department to Govt. of Haryana.

There is provision in the notification dated 10.03.2016 regarding siting parameter.

Accordingly the unit has obtained siting verification report from concerned Tehsildar, District Forest Officer and District Town and Country Planning Department.

The siting verification report is attached as Annexure-R1. nexure-R1.

The copy of Consent to Establish granted by HSPCB vide no.

HSPCB/YMN/1424 dated 17.08.2017 is attached as Annexure- R2.

Consent to Operate obtained from HSPCB for the period from 01.04.2022 to 31.03.2027 vide no.

HSPCB/Consent/: 318505022YAMCTO19961592 dated 13.01.2022 is attached as Annexure-R3.

During the inspection by joint committee on dated 27.02.2023, it has been found that unit is complying with the provisions of the notification dated.

10.03.2016.

The unit has provided 03 nos. of re- circulation tank to reuse the trade effluent generating from the process of washing and screening of river bed material.

The unit has also provided green belt.

The unit is complying with the conditions of Consent to Establish and Consent to Operate.

Photographs of Jai Shree Ram Screening Plant b.

M/s Dev Bhoomi Enterprises, Village Kohliwala, Tehsil Chhachhrauli, Yamuna Nagar: The unit is screening. plant and is covered under the Consent Management of HSPCB.

The screening plant in the State of Haryana are established in compliance of the provisions of the notification dated 10.03.2016 issued by Environment Department, Govt. of Haryana.

There is provision in the notification dated 10.03.2016 regarding siting parameters.

The siting verification report is attached Annexure-R4.

HSPCB/Consent/: 318505016YAMCTE3358676 dated 14.09.2016 is attached as 13 Annexure-R5.

Consent to Operate 551 7 obtained from HSPCB for the period from 01.04.2021 to 31.03.2027 vide no.

HSPCB/Consent/: 318505021YAM СТО11042323 dated 07.05.2021 is attached as Annexure-R6.

During the inspection by joint committee on dated 27.02.2023, it has been found that the unit is running after obtaining CTE/CTO from the board. the board.

The said unit is also complying with the provisions of the notification dated 10.03.2016.

The unit has provided the 03 nos. of re-circulation tank to reuse the trade effluent generating from the process of washing and screening of river bed material.

Hence, the unit is complying with the conditions of Consent to Establish and Consent to Operate. c.

M/s Jai Mahaluxmi Screening Plant, Village Kohliwala, Yamuna Nagar: The unit is screening plant and is covered under the Consent Management of HSPCB.

The screening plant in the State of Haryana are established in compliance of the provisions of the notification dated 10.03.2016 issued by Environment Department to Govt. of Haryana.

The siting verification report is attached as Annexure-R7.

HSPCB/Consent/: 318505017YAMCTE3748687 dated 03.03.2017 is attached as Annexure-R8.

The copy of Consent to Operate obtained from HSPCB for the period from 09.07.2020 to 31.03.2027 vide HSPCB/Consent/: 318505020YAM CT07849654 dated 10.07.2020 is attached as Annexure-R9.

During the inspection by joint committee on dated 27.02.2023, it has been found that the unit is running after obtaining CTE/CTO from the board.

The said unit is also complying with the provisions of the notification. dated 10.03.2016.

The unit has provided the 03 nos, of re-circulation tank to reuse the trade effluent generating from the process of washing and screening of river bed material.

The unit is complying with the conditions of Consent to Establish and Consent to Operate. d. perate. d.

M/s Jai Santoshi Maa Screening Plant, Village Kohliwala, Khizrabad, Yamuna Nagar:- The unit is screening plant and is covered under the Consent Management of HSPCB.

The screening plant in the State of Haryana are established in compliance of the provisions of the notification dated 10.03.2016 14 issued by Environment Department, Govt. of Haryana.

The siting verification report is attached as Annexure-R10.

The copy of Consent to Establish. granted by HSPCB vide no.

HSPCB/YMN/1426 dated 17.08.2017 is attached as Annexure- R11.

Thereafter, the unit has obtained Consent to Operate from the board for the period from 01.04.2021 to 31.03.2023 vide no.

HSPCB/Consent/318505021YAMCT08459210 dated 19.01.2021 is attached as Annexure-R12.

Consent to Operate obtained from HSPCB for the period from 01.04.2023 to 31.03.2025 vide HSPCB/Consent/: 318505023YAMCT032235609 dated 02.02.2023 is attached as Annexure-R13.

The unit is complying with the conditions of Consent to Establish and Consent to Operate. e.

M/s Shivalik Stone Crusher, Village Dolwala, Yamuna Nagar: The unit is stone crusher and is covered under the Consent Management of HSPCB.

The stone crushers in the State of Haryana are established in compliance of the provisions of the notification dated 11.05. ted 11.05.2016 issued by Environment Department, Govt. of Haryana.

There are provisions in the notification dated 11.05.2016 regarding siting parameters.

The unit was established in the year of 1996.

The copy of Consent to Establish granted by the board vide no.

HSPCB/4893 dated 16.12.1996 is attached as Annexure-R14.

Consent to Operate obtained from HSPCB for the period from the board for the period from 11.05.2022 to 31.03.2023 vide no.

HSPCB/Consent/: 313129222YAM СТОА21036086 dated 21.03.2022 is attached as Annexure-R15 and for the period from 01.04.2023 to 31.03.2024 vide no.

HSPCB/Consent/: 313129223YAM СТОА31265802 dated 10.01.2023 is attached as Annexure-R16.

During inspection by joint committee on dated 27.02.2023, it has been found that the unit is running after obtaining CTE/CTO from the board.

Samples of Air Emissions were also collected from the site of the unit on dated 27.02.2023 and as per analysis report 15 no.

260 dated 06.03.2023, the results are found within prescribed limits.

Copy of Analysis Report is attached as Annexure-R17.

The unit has provided adequate Pollution Control Devices as per notification dated 11.05.2016.

The unit has provided wind breaking wall, covered shed, water sprinklers, green belt and metal road.

The unit is complying with the conditions of Consent to Establish and Consent to Operate.” 15.

The above report of HSPCB shows that five Proponents were complying with norms and no violation was found on their part by joint Committee.

16.

Principal Chief Conservator of Forest, Haryana i.e. respondent 2 submitted its response dated 20.03.2023 stating that no illegal mining has been observed in Protected Forest.

Department has also not found any illegal felling of Khair trees in areas of Kohliwala and Mandewala villages in last three years and in current years i.e.

2019-20 to 2022-23.

However, there was some illegal felling of Khair trees in District Yamuna Nagar since 2019 to February, 2023 and details thereof are as under:- “c. nder:- “c.

Illegal felling of Khair Trees in District Yamuna Nagar since year 2019 - February 2023 Details of all illegal felling of Khair during the last three years, in the whole of Yamuna Nagar District, with the details of number of trees felled, Forest Offence Report filed, FIR registered with Police Department against the offenders, compensation recovered in the form of compounding of the offence as per the provisions of the Act and the number of cases filed in this regard are as follows:- Year No of offences detected No of Trees felled No of FOR genera t ed No of FIR registered No of cases compounded Amt realised through compounding (Rs) No of Court Cases filed 2019-20 54 174 54 28 10 51,734 9 ")0')0-21 53 130 53 22 4 43,676 24 2021-22 52 9')5 52 30 5 2,69,738 22 16 2022.23 42 177 42 14 1 2,646 I7 ” 17.

For illegal felling of trees in September, 2021, disciplinary action was initiated against four officials i.e. one Forester and three Forest Guards, which is pending enquiry.

Response of respondent 2 further detailed the activities it proposed to take up for preventing illegal felling of trees/mining in vulnerable areas of Yamuna Nagar, as under:- “e.

Activities proposed by Forest Department for preventing illegal felling / mining The following activities are proposed by the Forest Department for preventing the illegal felling / mining in the vulnerable areas of Yamuna Nagar District. (i) Intensifying patrolling during the vulnerable period, including night patrolling. (ii) Providing the contact numbers of officers concerned, to the local public and environmentalists, to receive any complaint of illegal felling of trees or mining activities. (iii) Proceeding against the violators in the Court. (iv) Creating awareness among the villagers on the environmental degradation due to such illegal mining and felling thereby seeking their cooperation for protection of the environment.” 18.

On behalf of respondents 1 and 3, a reply dated 22.03. ted 22.03.2023 has been filed which states that out of five stone crushers/screening plants, three were found closed i.e.

Devbhumi Screening Plant, Jai Maa Laxmi Screening Plant and Jai Maa Santoshi Screening Plant.

Only remaining two i.e.

Jai Shree Ram Screening Plant and Shivalik Stone Crusher were found operating.

Further, with regard to sporadic incidents of illegal mining by local villagers, reports were lodged but no organized illegal mining incident was reported.

Details of individual cases registered are as under:- 17 SR No FIR No.

Dated U/s Complaint for FIR given by Remarks 1 46 14.04.2017 379 IPC 21.4 (1) Mining Act Mining Department 2 73 24.05.2017 379 IPC 21.4 (1) Mining Act Mining Department 3 80 06.06.2017 379 IPC 21.4 (1) Mining Act Mining Department 4 125 15.08.2017 21.4 (1) Mining Act Mining Department 5 126 15.08.2017 21.4 (1) Mining Act Mining Department 6 130 20.08.2017 21.4 (1) Mining Act Mining Department 7 136 24.08.2017 21.4 (1) Mining Act BDPO 8 180 11.10.2017 21.4 (1) Mining Act Mining Department On complaint of BDPO 9 181 12.10.2017 21.4 (1) Mining Act Mining Department On complaint of BDPO 10 15 17.02.2018 21.4 (1) Mining Act Mining Department On complaint of BDPO 11 19 26.02.2018 379 IPC 21.4 (1) Mining Act Mining Department 12 88 29.05.2018 379 IPC 21.4 (1) Mining Act Mining Department On complaint of BDPO 13 89 29.05.2018 379 IPC 21.4 (1) Mining Act Mining Department On complaint of BDPO 14 90 30.05.2018 379 IPC 21.4 (1) Mining Act Mining Department On complaint of BDPO 15 102 08.06.2018 379 IPC 21.4 (1) Mining Act Mining Department 16 121 15.07.2018 379 IPC 21.4 (1) Mining Act Mining Department 17 166 20.09.2018 379 IPC 21.4 (1) Mining Act Mining Department On complaint of BDPO 18 180 22.10.2018 379 IPC 21.4 (1) Mining Act Mining Department On complaint of BDPO 19 184 25.10.2018 379 IPC 21.4 (1) Mining Act Mining Department On complaint of BDPO 20 25 23.02.2019 379 IPC 21.4 (1) Mining Act BDPO 18 21 105 16.08.2019 186,353,379 IPC 21.

79 IPC 21.4(1) Mi i A Mining Department 22 162 25.11.2019 186,353,379 IPC 21.4(1) Mining Act BDPO 19.

It is also said that mining of minor minerals was sanctioned in June, 2015 but presently all the said leases have been terminated.

Details of these leases are given as under:- Sr No Blocks Name Area (In Hect.) Annuaal Capacity in Lac.

MT Date of Lol Date of Start Mining Status 1 Bhood Kalan Block YNR B19 12.62 2.59 19.06.2 015 16.06.2016 Now start on 25.02.2019 Terminated Dt.

14.07.2022 2 Bhood Majra Block YNR B20 9.95 2.00 19.06.2 015 12.08.2016 Now start on 25.02.2019 Terminated Dt.

14.07.2022 3 Kohliwala Block YNR B21 &22 13.5 9 2.50 19.06.2 015 11.08.2016 Terminated Dt.

10.12.20 21 20.

It is further stated that 1615 vehicles were seized in illegal mining and illegal transportation from August, 2019 to February 28, 2023 and for release of the vehicle, a sum of Rs.

17,90,65,142/- was realized as environmental compensation; Rs.

1,45,59,880/- as Royalty, price of mineral and fine and a total of 145 FIRs were registered from August, 2019 till February 28, 2023.

State Government has also constituted a District Level Task Force Committee headed by Chairman-cum-Deputy Commissioner of District concerned and a State Level Task Force Committee headed by Chief Secretary, Government of Haryana to review actions taken against incidents of illegal mining.

Regular meeting of these Committees are being held to review status of mining in District Yamuna Nagar.

19 21.

By order dated 23.03.2023 after considering the above responses, Tribunal impleaded following five Proponents as respondents 7 to 11: (7) M/s Jai Shree Ram Screening Plant, Village Kohliwala, Khizrabad, Yamuna Nagar, (8) M/s Dev Bhoomi Enterprises, Village Kohliwala, Tehsil Chhachhrauli, Yamuna Nagar, (9) M/s Jai Mahaluxmi Screening Plant, Village Kohliwala, Yamuna Nagar, (10) M/s Jai Santoshi Maa Screening Plant, Village Kohliwala, Khizrabad, Yamuna Nagar and (11) M/s Shivalik Stone Crusher, Village Doiwala, Yamuna a, Yamuna Nagar 22.

Respondent 6 filed further reply dated 29.01.2024 giving details of 22 reports registered under various provisions of the Mining Act during 2017-2019 and status of trial as under:- Sr.

Dated u/s STATUS 1.

46 14.04.2017 379 IPC 21.4(1) Mining Act Untraced 2.

73 24.05.2017 379 IPC 21.4(1) Mining Act Cancelled 3.

80 06.06.2017 379 IPC 21.4(1) Mining Act Acquitted 4.

125 15.08.2017 21.4(1) Mining Act Acquitted 5.

126 15.08.2017 21.4(1) Mining Act Untraced 6.

130 20.08.2017 21.4(1) Mining Act Under Trial 7.

136 24.08.2017 21.4(1) Mining Act Under Trial 8.

180 11.10.2017 21.4(1) Mining Act Under Trial 9.

181 12.10.2017 21.4(1) Mining Act Under Trial 10.

15 17.02.2018 21.4(1) Mining Act Under Trial 11.

19 26.02.2018 379 IPC 21.4(1) Mining Act Under Trial 12.

88 29.05.2018 379 IPC 21.4(1) Mining Act Untraced 13.

89 29.05.2018 379 IPC 21.4(1) Mining Act Cancelled 20 14.

90 30.05.2018 379 IPC 21.4(1) Mining Act Under Trial 15.

102 08.06.2018 379 IPC 21.4(1) Mining Act Under Trial 16.

121 15-07-2018 379 IPC 21.4(1) Mining Act Cancelled 17.

166 20-09-2018 379 IPC 21.4(1) Mining Act Cancelled 18.

180 22.10.2018 379 IPC 21.4(1) Mining Act Cancelled 19.

184 25-10-2018 379 IPC 21.4(1) Mining Act Cancelled 20.

25 23-02-2019 379 IPC 21.4(1) Mining Act Cancelled 21.

105 16-08-2019 186,353,379 IPC21.4(1) Mining Act Cancelled 22.

162 25-11-2019 186,379 IPC 21.4(1) Mining Act Under Trial 23.

Vide order dated 08.11.2023, Tribunal impleaded Gram Panchayat, Bhudkala through its Sarpanch and District Development and Panchayat Officer, Yamuna Nagar as respondents 12 and 13.

24.

Respondent 12 and 13 filed their response dated 30.01.2024 giving status of First Information Report registered, which was already contained in reply submitted by respondent 6 and therefore, we are not repeating the same. the same.

It is also said that in 5 hectares land of village Kolhiwala, Forest Department has already carried out plantation and a proposal for other land for afforestation has been sent to District Forest Officer, Yamuna Nagar vide letter dated 05.05.2023.

Respondent no.

3 also filed its status report dated 30.01.2024 wherein it gave information with regard to status of five Proponents and their FIRs which we have already discussed above, hence not repeating.

Individuals replies have also been filed by respondents 7 and 11 vide e-mail dated 18.04.2024 wherein they have stated in brief that they are complying with statutory norms and environmental laws and there is no violation.

21 27.

Respondent 8 has filed its reply dated 18.04.2024 stating that it has already closed.

28.

We also find from record that with regard to Shamlat/Panchayati land in village Panchayat Bhudkala, a proposal has been made vide letter dated 12.06.2024 of Sarpanch Gram Panchayat for developing a Bio- diversity Park thereon and it is pending consideration before Deputy Commissioner, Yamuna Nagar pursuant to Deputy Forest Conservator Yamuna Nagar’s letter dated 18.06.2024.

29.

Tribunal on 19.04.2024 considered the material on record and directed respondent no.

1, State of UP to submits its response giving details of (i) steps taken for prevention of illegal mining; (ii) reclamation of illegally mined land; (iii) utilization of common land vesting in Gram Panchayat, Bhudkala, (iv) Status of all Khasra numbers of land with details regarding encroachment made, steps taken for removal of encroachment, (v) litigations pending regarding the same with all relevant details of present status/pendency of litigation and (vi) details regarding criminal cases pending with present status.

HSPCB was also directed to look into the question of imposition and realization of environmental compensation from violators against whom first information reports were lodged and also reclamation/restoration and ap ion and appropriate utilization of land illegally mined.

30.

HSPCB has submitted its response dated 02.07.2024 annexing therewith a copy of letter dated 28.06.2024 of Block Development and Panchayat Officer, Pratapnagar who has submitted its report in respect to information sought by Tribunal from respondents 1 and 3 as under:- 22 “उक्त मामले बारे आप द्वारा माांगी गई वाछित सूचना छनम्नानुसार आपकी सेवा में भेजी जाती है:- 1. ग्राम पांचायत की कुल 344 एकड़ 5 कनाल 10 मरले भूछम में से 129 एकड़ 6 कनाल 16 मरले भूछम में गैर मुमछकन रास्ते, हड्डा रोडी, गढ्ढा खाद, बरसाती पानी की छनकासी, स्कूल, शमशानघाट व कछिस्तान इत्याछद हेतू ररजवव है तथा ग्राम पांचायत द्वारा 6 एकड 2 मरले भूछम को खेती हेतू पट्टा पर छदया जा रहा है व 12 एकड़ 4 कनाल 6 मरले भूछम पर वन छवभाग के माध्यम से पौधा रोपण करवाया गया है तथा ग्राम पांचायत द्वारा प्रस्ताव न० 01 छदनाांक 12.06.2024 के माध्यम से पांचायती भूछम छजस पर पुराने खदान दजव है पर पौधा रोपण या बायोां - डाईवरस्टी पाकव बनाने बारे प्रस्ताव पाररत कर वन छवभाग को भेजा गया है। 2. यूछटलाईजेशन प्लान की प्रछत इस पत्र के साथ सलांग्न करके आपकी सेवा में भेजी जा रही है। 3. ग्राम पांचायत की 116 एकड़ 1 कनाल 10 मरले भूछम पर नाजायज कब्जा है छजसमें से 111 एकड़ 3 कनाल 9 मरले पर लोगोां द्वारा खेती की जा रही है व 4 एकड 6 कनाल 2 मरले पर झुग्गी झोपछडयाां आछद बनी हुई है। छजसमें ग्राम पांचायत भूडकला के गाांव माण्डेवाला के खसरा न0 23//9, 17//13, 9//17, 16//8, 24//3, 8//11, 9//15/23/1,23/2, 23, 16//18/6, 9//16/1, 16/2, 24//3, 16//18/2, 24, 17//4, 24//2, 6//5/3, 23//8, 17//18, 31, 7//10, 11, 9//18/2, 23//22, 2//1, 2, 10/1, 19//1, 2, 24//10, 25//5, 6//5/2, 5/3, 6, 16//3/2, 4, 5, 6, 23//20/1, 20/2, 21, 16//18/3, 16//18/5, 3//25, 6//5/1, 5/2, 5/3, 7//1/1.7//1/2, 22//15, 23//11, 9//24, 25/1, 25/2, 24//13, 1//22, 23//18, 2//9, 10, 11, 3//15, 24//8, 6//15, 23//19, 16//18/8, 16//18/7, 13//5, 6, 7, 14//1, 16//7, 23//12, 12, 13, 17//12, 17//13, 19, 22, 19//10, 11/1, 23//9, 10, 9//24, 25/2, 25/3, 23//23, 9//17, 23//22, 2//20, 21, 3//16, 24//9, 6//16, 17, 24, 25, 7//11, 20, 21, 8//1, 9//4, 5, 17/ /4, 5, 17//23, 19//2, 3/1, 9/2, 23//1/1 ,23//1/2, 2, 3, 16//17/1, 24, 24//1, 20//5/2, 23//19, 16//18/4, 16//13, 14, 15/1, 15/2, 22//6, 23//3, 11, 16//17/2, 18/1 लोगोां के कब्जा में है। गाांव बेलीभूड ( बेछचराग मौजा ) के खसरा न0 20//14/3, 15/1, 23/2, 24/2, 25/2, 18//12, 18/2, 19, 21, 22, 23, 26, 19//1, 8/2, 9, 10, 25, 20//5/2, 6/1, 24//2/2, 3/1, 4, 5, 6, 7, 8/2, 14/1, 18/1, 19/2, 22/2, 25//1/1, 2/1, 3/1, 18/1, 23/1, 29//11/1, 23//15/2, 20//5/1 लोगोां के कब्जा में है। ग्राम पांचायत भूडकलाां के गाांव कोहलीवाला के खसरा न0 13//12/2, 13, 14, 16, 17, 18 व खसरा न० 13//11, 12/1, 19, 20, 14//15, 16 लोगोां के कब्जा मे है। उक्त भूछम जो लोगो के कब्जा मे है उनका कब्जा हटवाने के छलए कोटव केस छवछभन्न न्यायालयोां में दायर छकये गये है। न्यायालय का नाम एरिया A-K-M रिमाकर्स सुप्रीम कोटव ऑफ इण्डण्डया, न्यू छदल्ली 71-4-1 केस छदनाांक 23.08.2024 के छलए सुनवाई हेतू छनछित है। आयुक्त, अम्बाला मण्डल, अम्बाला 10-6-6 यह केस ग्राम पांचायत के छवरूद्ध छदनाांक 05.03.2024 को हो गया है। इस बारे सरपांच ग्राम पांचायत को अपील करने के छनदेश दे छदए गए है। 23 सहायक कलैक्टर प्रथम श्रेणी, यमुनानगर 31-6-16 केस छदनाांक 17.07.2024 के छलए सुनवाई हेतू छनछित है। 114-1-3 4. ग्राम पांचायत की पांचायती भूछम पर छपिले दो वर्षों से कोई अवैध खनन नही हुआ है और समय - समय पर ग्राम पांचायत द्वारा पांचायती भूछम में अवैध खनन को रोकने के छलए पांचायती भूछम मे जाने वाले रास्तो पर खाईयाां खोद कर रास्ता को अवरूद्ध छकया गया है ( फोटो सांलग्न - 1)। इसके अछतररक्त पूवव मे जो पांचायती भूछम मे अवैध खनन बारे छशकायत छमलती थी उस पर ग्राम पांचायत द्वारा तुरन्त प्रस्ताव पाररत कर छनयमानुसार कायवाही हेतू खनन व पुछलस छवभाग से पत्राचार छकया गया है। 5. ग्राम पांचायत भूडकलाां द्वारा प्रस्ताव पाररत कर वन छवभाग को पौधा रोपण हेतू छलखा गया था, छजसमे वन छवभाग द्वारा ग्राम पांचायत की खदान वाली भूछम मे 12 एकड 4 कनाल 6 मरले भूछम पर पौधा रोपण छकया हुआ है तथा अब ग्राम पांचायत द्वारा प्रस्ताव न0 01 छदनाांक 12.06. ांक 12.06.2024 (प्रछत सलांग्न-2) के माध्यम से पांचायती भूछम छजस पर पुराने खदान दजव है पर पौधा रोपण या बायोां - डाईवरस्टी पाकव बनाने बारे प्रस्ताव पाररत कर वन छवभाग को भेजा गया है, (प्रछत सलांग्न-3)। इसके अछतररक्त 6 एकड 2 मरले भूछम को ग्राम पांचायत द्वारा प ट्टा पर छदया जा रहा है छजस पर पट्टेदार द्वारा फसल की छबजाई कर खेती की जा रही है। यहाां यह भी व्यक्त छकया जाता है छक गाांव कोहलीवाला की पांचायती / शामलात भूछम बारे एक अपील नम्बर 73/2019 माननीय न्यायालय मण्डल आयुक्त अम्बाला मण्डल मे दायर की गई थी छजसका फैसला छदनाांक 05.03.2024 को ग्राम पांचायत के छवरुद्ध आया है और अब सरपांच ग्राम पांचायत भूडकला को इस कायावलय के पत्र क्रमाांक 5293 छदनाांक 11.06.2024 के माध्यम से माननीय न्यायालय से सम्पूणव केस की नकल लेकर माननीय FCR Haryana मे उक्त फैसले के छवरूद्ध अपील दायर करने बारे छलखा गया है ( प्रछत सलांग्न - 5)।“ “The desired information sought by you regarding the above matter is as follows:- 1.

Out of the total 344 acres 5 Kanal 10 Marla land of the Gram Panchayat, 129 acres 6 Kanal 16 Marla land is reserved for non- motorable paths, bone road, pit manure, drainage of rainwater, school, cremation ground and cemetery etc. and 6 acres 2 Marla land is being leased by the Gram Panchayat for cultivation and plantation has been done on 12 acres 4 Kanal 6 Marla land through the Forest Department and through proposal no.

01 dated 12.06.2024, the Gram Panchayat has passed a proposal to plant trees or make a bio-diversity park on the Panchayat land on which old mine is registered and sent it to the Forest Department.

A copy ( enclosed) of the Utilization Plan is being sent to you with this letter.

There is illegal occupation on 116 acres 1 kanal 10 marla land of the Gram Panchayat, out of which 111 acres 3 kanal 9 marla is being 24 used for agriculture and slums have been built on 4 acres 6 kanal 2 marla.

In which Khasra Nos. hasra Nos.

23//9, 17//13, 9//17, 16//8, 24//3, 8//11, 9//15/23/1,23/2, 23, 16// 8 1 /6, 9//16/1, 16/2, 24//3, 16//18/2, 24, 17//4, 24//2, 6//5/3, 23//8, 17//18, 31, 7//10, 11, 9//18/2, 23//22, 2//1, 2, 10/1, 19//1, 2, 24//10, 25//5, 6//5/2, 5/3, 6, 16//3/2, 4, 5/6, 23//20/1, 20/2, 21//18/3, 16//18/5, 3//25, 6//5/1, 5/2, 5/3, 7//1/1.7//1/2, 22//15, 23//11, 9//24, 25/ 1 , 25/2, 24//13, 1//22, 23//18, 2//9, 10, 11, 3//15, 24//8, 6//15, 23//19, 16//18/8, 16//18/7, 13//5, 6, 7, 14//1, 16//7, 23//12, 12, 13, 17//12, 17//13, 19//10, 11/1, 23//9, 10, 9//24, 25//23, 9//17, 23//22, 2//20, 21// 16, 24//9, 6//16, 17, 24, 25, 7//11, 20, 21, 8//1, 9//4, 5, 17//23, 19//2, 3/1, 9/2, 23//1/1, 23//1/2, 2, 3, 16//17/1, 24, 24//1, 20//5/2, 23//19, 16//18/4, 16//13, 14, 15/1, 15/2, 22//6, 23//3, 11, 16//17/2, 18/1 of Vill.

Mandewala of Gram Panchayat Bhudkalan are in the illegal possession of people.

Khasra No.

20//14/3, 15/1, 23/2, 24/2, 25/2, 18//12, 18/2, 19, 21, 22, 23, 26, 19//1, 8/2, 9, 10, 25, 20//5/2, 6/1, 24//2/2, 3/1, 4, 5, 6, 7, 8/2, 14/1, 18/1, 19/2, 22/2, 25//1/1, 2/1, 3/1, 18/1, 23/1, 29//11/1, 23//15/2, 20//5/ 1 are in the illegal possession of people.

13//12/2, 13, 14, 16, 17, 18 and Khasra No.

13//11, 12/1, 19, 20, 14//15, 16 of village Kohliwala of Gram Panchayat Bhudkalan are in the illegal possession of people.

Court cases have been filed in various courts to remove the illegal possession of the said land.

Name of Court Area A-K-M Remarks Supreme Court of India, New Delhi 71-4-1 The case is fixed for hearing on 23.08.2024.

Commissioner, Ambala Division, Ambala 10-6-6 This case has been filed against the Gram Panchayat on 05.03.2024.

Instructions have been given to the Sarpanch Gram Panchayat to file an appeal in this regard.

Assistant Collector Class-I, Yamunanagar 31-6-16 The case is fixed for hearing on 17.07.2024.

114-1-3 4.

There has been no illegal mining on the Panchayat land of the Gram Panchayat for the last two years and from time to time the Gram Panchayat has dug ditches on the roads leading to the Panchayat land to prevent illegal mining in the Panchayat land and blocked the roads (Photo attached-1).

Apart from this, on the complaints received earlier about illegal mining in the Panchayat land, the Gram Panchayat immediately passed a resolution and wrote a letter to the mining and police department for taking action as per the rules.

25 5.

Gram Panchayat Bhudkalan had passed a resolution and written to the Forest Department for plantation of trees, in which the Forest Department has planted trees on 12 acres 4 Kanal 6 Marla land in the quarry land of the Gram Panchayat and now the Gram Panchayat has passed a resolution through proposal no.

01 dated 12.06.2024 (copy enclosed-2) to plant trees or make a bio-diversity park on the Panchayat land on which the old quarry is registered and sent it to the Forest Department, (copy enclosed-3).

Apart from this, 6 acres 2 marla land is being leased by the Gram Panchayat, on which the lessee is sowing crops and doing farming.

It is also stated here that an appeal number 73/2019 was filed in the Hon'ble Court of Divisional Commissioner, Ambala Division regarding the Panchayat / Shamlat land of village Kohliwala, whose decision has come against the Gram Panchayat on 05.03.2024 and now the Sarpanch Gram Panchayat Bhudkala has been written to take a copy of the entire case from the Hon'ble Court vide letter number 5293 dated 11.06.2024 and file an appeal against the said decision in the Hon'ble FCR Haryana (copy attached-5).” 31.

On points number 1 and 6, mentioned in Tribunal’s order dated 19.04.2024, status report has been given by Mining Officer vide letter dated 20.06.2024 as under:- “(1) Point 1.: Steps taken for prevention of illegal mining:- a) The department has launched a new e-Rawaana portal i.e. ortal i.e., Haryana Mines & Geology Information System (HMG1S) for monitoring the sale/purchase record of all the mining contractors, screening plants and stone crushers.

In this system weighbridge, vehicle and buyer mapping is mandatory for all the units and e-Rawaana is allowed to generate from any weighbridge only with CCTV photographs. b) It is mandatory to all the vehicles to obtained mineral transport permit (MTP) for transporting minerals in the state.

The transportation of minerals from one place to another will be done only after the procurement of valid transit pass i.e. e- Rawaana from the source whose authenticity can be verified online through https://mis.minesharyana.gov.in. c) Wherever a mineral loaded vehicle is found to be transporting any mineral, in whatever form, without a valid mineral transit pass/e-Rawaana and excess mineral, it would be seized as per State Mining Rules, 2012 (Rule 102) in respective Police Stations of the district.

26 d) Further, independent teams of Chief Minister Flying Squads, District Level Task Force Committee, mining and police department also keep regular check on illegal mining through surprise visits either during day or night time.

In this regard that mining department has taken action under the relevant Acts/State Mining Rules, 2012 gets initiated to seize the vehicles and with the filing of a complaint by the team that has detected illegal mining during inspection/field checking with the Police Station.

The complaint gets registered as a First Information Report and thereafter the Investigation Officer has to carry out investigation for collection of evidence before filing the Final Report/charge sheet before the concerned Court against the persons found to be involved in the act of illegal mining.

Thereafter the prosecution is conducted by the Public Prosecutor and the cases are decided by the Hon'ble Court after considering the evidences produced. produced. e) Regular monthly meetings of the District Level Task force Committee (DLTFC) headed by Chairman cum Deputy Commissioner, Yamuna Nagar is held to review the status of legal mines and illegal mining in the district Yamuna Nagar.

Similarly, State Level Task Force Committee (SLTFC) meetings are held quarterly under the chairmanship of the W/Chief Secretary of Haryana. f) Recently, the State Government has formed the Haryana State Enforcement Bureau to curb the incidence of illegal mining and illegal transportation. g) The police post is opened in sensitive areas like Kohliwala Belgarh, particularly to curb the incidence of illegal mining and illegal transportation. (2) Point 6.: Details regarding the criminal cases pending with present status:- The present status of all the lodged FIR's sent by the SHO, P.

S.

Partap Nagar vide e-Mail dated 25.06.2024 is attached herewith.” 32.

The documents appended in respect of point no.

6 give details of 22 FIRs which we have already taken note from reply of respondent no.

6, hence not repeating.

33.

On the question of imposition of environmental compensation, HSPCB has stated that Standard Operative Procedure for imposition and 27 realization of environmental damage/compensation from units/persons involved in illegal mining has been revised.

Vide order dated 30.04.2024 issued by Chairman, HSPCB, however, nothing was stated about computation or assessment of environmental compensation.

34.

Tribunal considered matter on 19.07.2024 and observed that HSPCB has not taken any action under Environmental (Protection) Act, 1986 (hereinafter referred to as ‘EP Act, 1986’) and other environmental statutes.

Neither any punitive action by initiating criminal action was taken under provisions of environmental statutes nor any environmental compensation was imposed upon violators. violators.

Tribunal, therefore, made serious observations against HSPCB and directed Chief Secretary, Haryana to look into the matter and ensure appropriate action against erring officials.

35.

Thereafter, a status report dated 22.09.2024 has been filed by Member Secretary, HSPCB giving details of computation of environmental compensation against certain violators found indulged in illegal mining as under:- Sr No Name of Violators Amount of Environmental Compensation Order No. and date 1 Sh.

Ranjit Rs 6329664/- HSPCB/YR/2024/15 49-1552 Dated 18.09.2024 2 Sh Ajay Kumar S/o Sh.

Raj Kumar, Village Dekriwala, Sub-Tehsil Partapnagar, District Yamuna Nagar Rs 1798200/- HSPCB/YR/2024/15 44-1548 Dated 18.09.2024 3 M/s Gauri Shankar Screening Plant, Village Kohliwala, District Rs 1798200/- HSPCB/YR/2024/15 44-1548 Dated 28 Yamuna Nagar 18.09.2024 4 Sh.

Prem Chand , Village Kohliwala/Mandew ala, Sub Tehsil Partap Nagar, District Yamuna Nagar Rs 39960/- HSPCB/YR/2024/15 60-1564 Dated 18.09.2024 5 Sh.

Surta Ram, Village Kohliwala/Mandew ala, Sub Tehsil Partap Nagar, District Yamuna Nagar Rs 39960/- HSPCB/YR/2024/15 60-1564 Dated 18.09.2024 6 Sh.

Bhagwan Singh, Village Kohliwala/Mandew ala, Sub-Tehsil Partap Nagar, District Yamunanagar Rs 3045951/- HSPCB/YR/2024/15 53-1559 Dated 18.09.2024 7 .

Sh.

Mohit S/o Sh.

Naresh Kumar, Village Kohliwala/Mandew ala, Sub-Tehsil Partap Nagar, District Yamunanagar Rs 3045951/- HSPCB/YR/2024/15 53-1559 Dated 18.09.2024 8 Sh.

Lakhi Ram Village Kohliwala, Sub Tehsil Partapnagar, District Yamuna Nagar Rs 6797196/- HSPCB/YR/2024/15 39-1543 Dated 18.09.2024 9 Sh.

Lakhi Ram, Village Kohliwala, Sub Tehsil Partapnagar, District Yamuna Nagar Rs 6797196/- HSPCB/YR/2024/15 39-1543 Dated 18.09.2024 36.

Chief Secretary, Haryana has also filed its reply dated 23.09. ted 23.09.2024 stating that observations made by Tribunal in its order dated 19.07.2024 were examined seriously and four erstwhile Regional Officers and four Assistant Environmental Engineers have been charge sheeted and departmental enquiries are pending against them.

Further, Mining Department has also informed that disciplinary action against Rajeev, Jagdish, Gurdish, Bhupender and Ashok, Mining Officers and Sanjay, Assistant Mining Officer are pending.

37.

Learned Counsel appearing for respondents, in view of the above, stated that since 2010, no mining activities were allowed in areas in 29 question and wherever any illegal mining was noticed, action has been taken.

Only in 2015, some mining leases were grated but they have also been terminated and presently, no mining leases are operating in area in question.

State is taking all possible steps for restraining illegal mining activities in the area in question and wherever any otherwise action has been found, stringent action has been taken.

38.

Learned Counsel for HSPCB also stated that environmental compensation has already been imposed against violators/persons who were found engaged in illegal mining to the extent information and identification of those persons could be received by HSPCB; process of recovery of environmental compensation is under consideration; and appropriate steps shall be taken for expeditious recovery in coordination with Deputy Commissioner.

39.

In these facts and circumstances, we are of view that no further monitoring or supervision is required in matter except that HSPCB in coordination with Deputy Commissioner, Yamuna Nagar shall take steps for recovery of Environmental Compensation, details whereof are already noted above, in accordance with law.

State Authorities shall continue to ensure that no illegal mining is carried out in the area in question, particularly, in Reserved Forest area.

40. area.

40.

With regard to Panchayati land/Shamlat land in respect whereof Gram Panchayat Bhudkala has proposed development of Biodiversity Park, expeditious decision shall be taken by authorities concerned as such development will protect land from any possible illegal mining or felling of trees in area concerned.

30 41.

We are also informed that a Biodiversity Board is operating in State of Haryana and land in question, proposed to be developed as Biodiversity Park, is a huge land, therefore, for its development, if a decision is taken in favour of development of said land as Biodiversity Park, involvement of Biodiversity Board shall also be made and further action may be taken in consultation thereof.

42.

The Original Application is accordingly disposed of.

Sudhir Agarwal, JM Dr.

Afroz Ahmad, EM September 24, 2024 Original Application No.446/2022 SN