DEPARTMENT OF MINES & GEOLOGY, STATE OF PUNJAB Vs. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY

JUDGEMENT

(1.) The subject matter of these Appeals is the order passed by the National Green Tribunal, Principal Bench, New Delhi (hereinafter, 'the Tribunal ') dismissing the Appeals filed by the Appellant challenging the order dated 09.04.2018 passed by the Respondent. The Review Application filed by the Appellant was also dismissed by the Tribunal. An application was preferred by the Appellant for obtaining environmental clearance under Environment Impact Assessment Notification dated 14.09.2006 (hereinafter, 'the EIA Notification ') for mining minor minerals (sand) in an area of 12.96 hectares from the river bed of river Satluj in the revenue estate of village Heatewal, Tehsil Jagraon, District Ludhiana. The Appellant submitted the required documents including Form-I, pre-feasibility report, proof of ownership of land, approved mining plan, No Objection Certificate from the concerned District Forest Officer, final District Survey Report and environmental management plan.

(2.) The State Expert Appraisal Committee (SEAC) considered the application submitted by the Appellant and granted environmental clearance for carrying out mining of minor minerals in the 12.96 hectares. By an order dated 03.05.2017, the environmental clearance was granted under the provisions of EIA Notification, subject to certain conditions that were mentioned therein.

(3.) The Appellant issued notices dated 03.05.2017 and 13.06.2017 notifying its intention to put up 102 minor mineral mines for auction. On completion of the auction, the Appellant applied to the Respondent for transfer of the mining environmental clearances in favour of the successful bidders of the mining sites. The application filed for transfer of the environmental clearance was taken up by the Respondent in its 125th meeting held on 12.01.2018 in respect of village Heatewal. It was found by the Respondent that: