NGT castigates UP officials for mining permissions in turtle sanctuary

Issuing clearances and grant of permission for such activities in prohibited areas was not only violation of environmental laws but also 'non-application of mind, exercise of illegal power', NGT said

The National Green Tribunal has castigated three district magistrates of Uttar Pradesh and the member secretary of the state's pollution control board for granting permission "in a mechanical manner" for mining works in the state's turtle wildlife sanctuary.

Issuance of clearances and grant of permission for such activities in the prohibited areas was not only a flagrant violation of environmental laws but also "non-application of mind and exercise of illegal power" by the authorities concerned, the NGT said.

A bench of NGT judicial member Justice Sudhir Agarwal and expert member Afroz Ahmad was hearing two connected matters regarding illegal sand mining in the 30-km sanctuary on the banks of river Ganga spread across the districts of Pyayagraj, Mirzapur and Sant Ravidas Nagar (Bhadhoi).

Noting the evidence before it, including the reports of two joint committees formed earlier, the tribunal in its order dated October 24 said that mining leases were in the "prohibited area" both inside the notified sanctuary and in its vicinity, and this contravened the Supreme Court directions.

It said that the district magistrates of the three districts granted mining permission in the prohibited area and even the statutory regulators, including the State Environment Impact Assessment Authority (SEIAA) and Uttar Pradesh Pollution Control Board (UPPCB), did not examine the issue of granting environmental clearance or consent for such activities, and it appeared that the authorities had issued clearances or consents "in a mechanical manner".

"This is a flagrant violation of environmental laws, non-application of mind, and exercise of illegal power vested in authorities which includes the DMs concerned, SEIAA, and UPPCB," the tribunal said.

Denouncing their act, it said the DMs and UPPCB failed to explain how and in what circumstances mining permissions had been granted or consent or clearances were issued.

"In these circumstances, we direct member secretary, UPPCB and SEIAA to explain as to how and in what circumstances, consent and clearances were issued for permitting mining activities in prohibited areas and that too in violation of directions issued by the Supreme Court. A similar reply shall also be submitted by DMs of Sant Ravidas Nagar, Mirzapur and Prayagraj," the tribunal said.

If no valid justification is submitted, the member secretary and the district magistrates will have to appear before the tribunal on November 20, it added.