Bhubaneswar: The National Green Tribunal (NGT) has imposed a ban on sand mining at Rayaramchandrapur along Subarnarekha river in Balasore district in the absence of a State Environment Impact Assessment Authority (SEIAA)-approved District Survey Report (DSR), official sources said.
While hearing a plea filed by Abani Kumar Sahu of Jamalpur under Jaleswar police limits of the district, the eastern zone bench of the environment watchdog asked the SEIAA to take necessary action and pass order for revocation of environmental clearance granted by it illegally in favour of the lessee. “In case sand mining is still being carried out at Rayaramchandrapur quarry, the SEIAA shall also take steps to ensure that such operation is ceased with immediate effect,” said the order passed by judicial member Justice B Amit Sthalekar and expert member Arun Kumar Verma. The petitioner had informed the NGT that the ‘lessee’ has been carrying out illegal mining at Rayaramchandrapur sand quarry spread over 20.38-acre in Balasore.
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The Jaleswar tehsildar executed a lease deed in favour of Asit Kumar Parida April 13, 2021. Environmental clearance was granted by the SEIAA July 13, 2017 in favour of Rajesh Kumar Khatua and thereafter it was transferred to Parida March 9, 2021. The SEIAA issued a clarification May 6, 2022 stating that environmental clearance has been granted in ad hoc manner and will be revoked after December 31, 2022. The consent to operate was granted by the Odisha State Pollution Control Board May 10, 2022 and that was valid till December 31, 2022 thereafter was renewed February 14, 2023 which was valid till March 31, 2023 for a mining capacity of 2500 m3 of sand, the petitioner said. The petitioner claimed that the consent to operate was granted illegally without verifying the validity of the environmental clearance. It was further alleged that the Balasore Sub-Collector (vide letter March 24, 2023 addressed to the Additional District Magistrate) has clarified that the Rayaramchandrapur sand quarry is situated in the DLC forest and should not be allowed to be operated. It is also stated that the said sand source has not been recommended in the DSR by the Sub-Divisional Committee. The petitioner further alleged that ‘Y Form’ (Transit Permit) for Rayaramchandrapur was issued July 8, 2023 for transportation of sand which suggests that mining is going in the monsoon period despite the letter of the Sub-Collector.
The NGT, after taking into consideration submissions from both parties, observed, “Even though the lessee may not be guilty of illegal mining of sand from Rayaramchandrapur on the ground that environmental clearance granted to him was done illegally by SEIAA but the fact remains that even assuming that he was carrying on mining activity under an environmental clearance, he has carried out mining during monsoon which is prohibited under the Sand Mining Guidelines, 2016 and 2020. And, therefore, he would be liable for payment of environmental compensation.” The NGT directed the SEIAA to compute environmental compensation as per law giving the lessee an opportunity of being heard against the amount so computed. “If the lessee has any grievance in respect of any computation of environmental clearance by SEIAA, in this regard, he may avail legal remedies available to him under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981,” the environment watchdog said.