A bench headed by NGT Chairperson Justice Swatanter Kumar issued notice to Environment Ministry (MoEF), Uttarakhand government, State Environmental Impact Assessment Authority (SEIAA) and others while seeking their response by May 7.
"In the reply the SEIAA shall file details of the mining and Environmental Clearance (EC) granted for the mining in the state of Uttarakhand particularly in relation to the area falling within Doon Valley," the bench said.
According to the petition, filed by advocate Ajit Sharma, Doon Valley is among the most sensitive ecosystems in India and recognising its special status, the MoEF issued a notification in 1989, which states that no mining activity can be undertaken in Doon Valley without prior permission of MoEF.
"However, Uttarakhand is permitting mining activities in Doon Valley by executing mining leases, which do not require MoEF approval but only require approval from Uttarakhand State Environmental Impact Assessment Authority.
Mahajan contended that Uttarakhand has been issuing mining permits for carrying out mining activities in Doon Valley areas with only the prior approval of the Uttarakhand State Environmental Impact Assessment Authority (SEIAA).
"It is, however, submitted that in addition to SEIAA approval, approval of Centre is also imperative pursuant to the 1989 notification. Therefore Uttarakhand's power to grant mining leases in Doon Valley is subject to Parliament's power.
"Carrying out of mining activities in these areas without specific approval of the Centre under the 1989 notification, without the approval of the National Board of Wildlife and without EC granted under the Environmental Impact Assessment Notification 2006 is illegal and therefore merits immediate stoppage," the plea said.
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