Order of the National Green Tribunal regarding mining in West Champaran district, Bihar, 17/03/2021

  • 17/03/2021

Order of the National Green Tribunal in the matter of Harivansh Yadav Vs Union of India & Others dated 17/03/2021. Prayer in the application was to restrain M/s Singh & Giri Infrastructure Pvt. Ltd. from doing mining in West Champaran district in Bihar on the banks of rivers Gandak, Bansi (tributary of Gandak), Bhuraha, Harbora, Masan, Jhikrauli, Koshil, Harha, Dwar-Da, Kathan, Pandee and Uria (all tributaries of Budhi Gandak).

According to Harivansh Yadav, the applicant, sand mining leases have been granted to Singh & Giri Infrastructure and Environmental Clearance (EC) was granted on April 21, 2016 subject to furnishing sixth monthly report on the status of compliance of EC conditions. The authorities were not enforcing the EC conditions, the court was told.

The court finds merit in the prayer that EC conditions need to be duly monitored, to give effect to the Precautionary and Sustainable Development principles. Further, the NGT directed that the Tribunal's orders of February 1, 2021 (Sandeep Mittal v. MoEF&CC & Ors), wherein the court directed that EC conditions need to be monitored for ensuring protection of the environment and the order of February 26, 2021 (NGT Bar Association v. Virender Singh) which gave directions for regulation of sand mining - should be applicable in the present case also.