Order of the National Green Tribunal regarding illegal mining on Yamuna river, Fatehpur district, Uttar Pradesh, 09/04/2021

  • 09/04/2021

Order of the National Green Tribunal in the matter of Vikas Pandey Vs State of Uttar Pradesh dated 09/04/2021. Grievance in the application was against illegal mining on Yamuna river in Fatehpur District, Uttar Pradesh.

The Uttar Pradesh Pollution Control Board (UPPCB) in its report, March 6, 2021 after inspection of the mining site stated that presently the mining was not continuing. However, it was found that boundary pillars were not being properly maintained, CCTV Camera was not duly set up, two machines were illegally used and effort was made to stop the flow of the river as, found in the enquiry report, December 5, 2020. Compensation of ₹2.5 lakhs has been recovered. Thereafter, CCTV Camera has been installed but still illegal mining was taking place by obstructing the flow of the river for which further compensation of ₹5 lakhs has been recovered, the UPPCB report said.

The court noted that it was clear that there were repeated violations of serious nature, including the attempt to obstruct the flow of the river Yamuna and undertaking illegal mining. The compensation assessed was also not as per norms. The applicant has filed objections to the UPPCB report, April 8, 2021 to the effect that all the violations have not been duly looked into and action taken against violations was not adequate. Counsel representing the state of Uttar Pradesh informed the court that "stringent action, as required has not been taken but will be now taken".

The Tribunal directed that compensation must be revisited by a joint Committee comprising the Central Pollution Control Board (CPCB), UPPCB and District Magistrate, Fatehpur within a period of three months and referred to its earlier order on illegal mining, which said that compensation  must take into account value of the illegally mined material and cost of restoration of the environment. Further, the committee has been asked to recommend further remedial actions to prevent violations of the EC conditions.