Illegal Mining In Yamuna: NGT Directs Haryana PCB To Take Disciplinary Action Against Regional Officer For Negligence, Indirectly Permitting Illegal Mining

The Principal Bench of the National Green Tribunal (NGT) has directed the Haryana State Pollution Control Board (HSPCB) to take disciplinary action against the concerned Regional Officer for negligence in performing his duties and indirectly permitting illegal mining, causing a loss to the state exchequer.

The bench of Acting Chairperson Sheo Kumar Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel said, “The perusal of the report reveals that the matter was within the knowledge of the Regional Officer, HSPCB and inspite of the knowledge that the unit has no valid CTO it was indirectly permitted to operate without any valid CTO in violation of environmental rules. No further action has been taken to recover the environmental compensation which was assessed to the tune of Rs. 35,66,000/-.”

Inaction on the part of Regional Officer concerned reveals that the Regional Officer is supposed to do his duty sincerely, fairly, and honestly but he failed to exercise his duty sincerely, fairly, and honestly, and thus causing loss to the state exchequer by his inaction and indirectly permitting the unit to operate without obtaining CTO, added the bench.

The Tribunal was hearing the application raising grievances regarding illegal mining by M/s Ultimate Group in Tehsil Gannaur, District Sonipat, Haryana. It was alleged that the unit is extracting sand from the Yamuna beyond the permissible quantity and without consent to operate, in violation of section 33 (A) of the Water (Prevention and Control of Pollution) Act, 1974, and in violation of EC (Environmental Clearance) conditions.

Perusing the report submitted by the PCB, the Tribunal found that the fact that the unit was operating without any CTO was within the knowledge of the Regional Officer.

It is undisputed that there is huge degradation of the environment on account of unregulated sand mining which is otherwise a lucrative activity, observed NGT.

It further said that illegal mining poses threat to bio-diversity and “it could destroy riverine vegetation, cause erosion, pollute water sources, badly affecting riparian ecology, damaging ecosystem of rivers, safety of bridges, weakening of riverbeds, destruction of natural habitats of organisms living on the riverbeds, affects fish breeding and migration, spell disaster for the conservation bird species, increase saline water in the rivers.”

While listing the matter to November 01, NGT directed the HSPCB to take immediate remedial action to stop illegal mining activity “and to realize the environmental compensation according to rules and to submit the report within four weeks.”

Case Title: Munish v. Haryana State Pollution Control Board & Ors.

Narender Pal Singh and Ram Naresh Yadav, Advocates for Applicant.

Rahul Khurana Advocate for HSPCB.

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