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  3. NGT forms committee to examine illegal mining in Rajasthan
 NGT forms committee to examine illegal mining in Rajasthan
Disappointed: SC pulls up NGT, stays Baghjan 10-member panel.
Environs Law

NGT forms committee to examine illegal mining in Rajasthan

by Newsdesk September 6, 2023

AA

New Delhi, Sep 6 (IANS) The National Green Tribunal (NGT) has established an independent committee to monitor and examine illegal mining in Rajasthan while raising concerns about environmental violations and lax oversight by authorities.

A bench of judicial member Justice Sheo Kumar Singh and expert member Dr A Senthil Vel said that the committee will consist of representatives from the Ministry of Environment, Forest and Climate Change (MoEF&CC), the Central Pollution Control Board (CPCB), and the state PCB, with the latter serving as the nodal agency.

The case revolves around allegations of unauthorised mining activities taking place within 10 kilometers of a national park and wildlife sanctuary without the necessary environmental clearance.

Moreover, the illegal mining operation continued unabated for over five years without any action from the Rajasthan State Pollution Control Board (RSPCB) to control it or assess environmental compensation.

A report from a Joint Committee revealed that the project proponent had applied for environmental clearance on October 4, 2018. However, no environmental clearance had been issued, and the mining unit continued to operate without the necessary approvals.

The state’s contention in the case was the issuance of a “consent to operate” by the state and the RSPCB for a period of one year. This consent included a specific condition that required the submission of environmental clearance under the Environmental Impact Assessment Notification of 2006 by a particular date.

Failure to comply with this condition would result in the forfeiture of a bank guarantee of Rs 5 crore without further notice.

The judicial members expressed their surprise at how the authorities had granted consent to operate without the required environmental clearance. Consequently, they directed the RSPCB to provide detailed answers to several critical questions, including why the consent to operate application had been pending from 2017 to 2022, how many mining leases were issued without environmental clearance, and the number of inspections conducted by the RSPCB at such mining sites.

The RSPCB was also instructed to take action for the assessment and calculation of environmental compensation and to ensure its collection due to the prolonged illegal mining without a valid Environmental Clearance. The MoEF&CC has been directed to take necessary actions against illegal mining activities in violation of environmental rules and those operating without a valid Environmental Clearance.

An action report is expected to be filed within three weeks, along with an affidavit from the Member Secretary of the State Pollution Control Board.

The next hearing is scheduled for September 26.

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