Shanavas DEIAA Banned Order National Green Tribunal PDF
Shanavas DEIAA Banned Order National Green Tribunal PDF
Shanavas DEIAA Banned Order National Green Tribunal PDF
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Date and Orders of the Tribunal
Remarks
Item Nos.
07 to 14 1. By this application, the applicant has sought to
13.01.2015.
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dispensing with the necessity of obtaining Environmental
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Report (EIA) and Environment Management Plan
15.01.2016.
Act, 1986.
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expertise and scientific knowledge to assess
Item Nos.
environmental implications, and have been
07 to 14
and SEIAA.
Notifications.
stayed.
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be assailed, had been passed by the MoEF&CC in exercise
Item Nos.
of its powers conferred by sub-section (1) and clause (v) of
07 to 14
of minor minerals.
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submissions of the Ld. Counsel for the applicant that
Item Nos.
07 to 14 while breaking category B of the mines to B-1 & B-2 may
September
not per se be bad, it certainly dilutes the stringent
13, 2018
DV & AT requirement of lease areas upto 25 ha being exempted
for areas less than 5 ha. The Hon’ble Supreme Court after
follows:
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auction notices dated 3-6-2011 and 8-8-2011
have permitted quarrying mining and removal
Item Nos.
of sand from in-stream and upstream of
07 to 14
several rivers, which may have serious
September environmental impact on ephemeral, seasonal
13, 2018 and perennial rivers and river beds and sand
extraction may have an adverse effect on bio-
DV & AT
diversity as well. Further it may also lead to
bed degradation and sedimentation having a
negative effect on the aquatic life. The rivers
mentioned in the auction notices are on the
foothills of the fragile Shivalik hills. Shivalik
hills are the source of rivers like Ghaggar,
Tangri, Markanda etc. River Ghaggar is a
seasonal river which rises up in the outer
Himalayas between Yamuna and Satluj and
enters Haryana near Pinjore, District
Panchkula, which passes through
Ambala and Hissar and reaches Bikaner in
Rajasthan. River Markanda is also a seasonal
river like Ghaggar, which also originates from
the lower Shivalik hills and enters Haryana
near Ambala. During monsoon, this stream
swells up into a raging torrent, notorious for its
devastating power, as also, river Yamuna.
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January, 2010 with the recommendation to permit mining
Item Nos.
of minor minerals under strict regulatory regime and
07 to 14
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provision was a subject matter of challenge in the case of
Item Nos.
07 to 14 Himmat Singh Shekhawat v. State of Rajasthan, 2015 ALL
September
(I) NGT Reporter (1) DEL 44 by which it was upheld as
13, 2018
DV & AT having been issued by the Ministry as a Subordinate
provision.
SEIAA.
has been further split into areas of 0-5 ha and 5-25 ha.
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MoEF&CC.
Item Nos.
14. The procedure for grant of the Environment
07 to 14
exempted.
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is contained in the chapter on “The Issues and
Item Nos.
Management of Mining in Cluster”:-
07 to 14
recommended as follows:
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“Considering the nature of occurrence of minor
mineral, economic condition of the lessee and the
likely difficulties to be faced by Regulatory
Item Nos.
07 to 14 Authorities in monitoring the environmental
impacts and implementation of necessary
September mitigation measures, it may be desirable to adopt
13, 2018 cluster approach in case of smaller mine leases
DV & AT
being operated presently.”
recommended as under:
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Plan are required to be prepared for the
entire cluster in order to capture all the
possible externalities. These reports shall
Item Nos. capture carrying capacity of the cluster,
07 to 14 transportation and related issues,
replenishment and recharge issues, geo-
September hydrological study of the cluster area. The
13, 2018 Environment Impact Assessment or
DV & AT Environment Management Plan shall be
prepared by the State or State nominated
Agency or group of project proponents in the
Cluster or the project proponent in the
cluster.
6. The individual lease holders in cluster can
use the same Environment Impact
Assessment or Environment Management
Plan for application for environmental
clearance. The cluster Environment Impact
Assessment or Environment Management
Plan shall be updated as per need keeping
in view any significant change.
7. There shall be one public consultation for
entire cluster after which the final
Environment Impact Assessment or
Environment Management Plan report for
the cluster shall be prepared.
8. The details of cluster Environment Impact
Assessment or Environment Management
Plan shall be reflected in each
environmental clearance in that cluster and
District Expert Appraisal Committee (DEAC),
SEAC, and EAC shall ensure that the
mitigative measures emanating from the
Environment Impact Assessment or
Environment Management Plan study are
fully reflected as environmental clearance
conditions in the environmental clearance's
of individual project proponents in that
cluster.
9. …………………………………………………….
10. …………………………………………………….
11. …………………………………………………….”
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back to the lawless state prevailing prior to the decision in
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23. We have permitted retention of 0-5 ha as a category
..…..…………………………….., CP
(Adarsh Kumar Goel)
.…..…………………………….., JM
(Dr. Jawad Rahim)
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Item Nos. ...…..…………………………….,JM
07 to 14 (S.P. Wangdi)
September
13, 2018 ...…..…………………………….,EM
DV & AT (Dr. Nagin Nanda)
13.09.2018
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