NGT directs UP's environment impact body, Ghaziabad DM to probe illegal mining by pvt company

The National Green Tribunal has ordered an inquiry into alleged illegal mining by a private company in the Yamuna river bed in Ghaziabad, Uttar Pradesh.

The National Green Tribunal (NGT) has directed Uttar Pradesh's State Level Environment Impact Assessment Authority (SEIAA) and Ghaziabad's district magistrate to inquire into and take action on incidents of illegal mining by a private company in the Yamuna river bed.

The green body was hearing a matter in which the petitioner alleged that M/S New Panther Security Guard Services carried out illegal mining in violation of the environmental clearance (EC) and the consents to establish and operate (CTE and CTO) granted to it at the mining lease site in the Yamuna riverbed in Ghaziabad.

In an order dated May 18 made available on Friday, a bench of judicial member Arun Kumar Tyagi and expert members A Senthil Vel and Afroz Ahmad noted that the applicant claimed that the private company committed several incidents of illegal mining in violation of conditions and environmental laws, including river stream mining and mining during night.

Noting the evidence before it, the bench said, ''We are of the considered view that respondent 8 (M/S New Panther) was involved in illegal activities…''.

It noted that the company was granted amended environmental clearance (EC) in September 2021 with a specific condition prohibiting any mining activity in the ''in-stream channel'', and there was another stipulation for withdrawal of EC for violation of conditions.

''The question as to whether amended EC granted in favour of respondent 8 is liable to be withdrawn and whether the mining lease executed in its favour is liable to be cancelled in view of 23 repeated incidents of illegal mining/mining in violation of EC/CTE/CTO conditions and environmental laws/norms, is required to be considered by State Level Environment Impact Assessment Authority (SEIAA)and the District Magistrate, Ghaziabad respectively,'' the tribunal said.

It directed the SEIAA and the district magistrate to inquire into the incidents of illegal mining and take appropriate action regarding the withdrawal of EC and cancellation of the mining lease respectively after giving an opportunity of being heard to the applicant and the company in accordance with principles of natural justice.

If the private company were allowed to carry out further mining, the tribunal said, authorities had to ensure that such activity is carried out with due compliance with EC and CTE/CTO conditions, Sustainable Sand Mining Management Guidelines (SSMG), and Enforcement and Monitoring Guidelines for Sand Mining (EMGSM).

It was also subject to further conditions that the company had to use only GPS-fitted vehicles for transportation of mined material, and also submit weekly monitoring reports and a copy of CCTV footage to authorities concerned, the tribunal said.