Case: DEPARTMENT OF MINES AND GEOLOGY STATE OF PUNJAB Vs. STATE LEAVE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY

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:Many of the Khasra numbers are located in stream, whereas at the time of filing application for environmental clearance, all the Khasra numbers were shown to be in the river bed of river Satluj and away from the active channel.ii. Some of the Khasra numbers being located in the agricultural land prove that no replenishment may be available.In view of the above, the Respondent issued a notice to the Appellant to show cause why the mining environmental clearance granted earlier should not be revoked. The Appellant submitted its explanation which was considered by the Respondent after which an order dated 09.04.2018 was passed, revoking the environmental clearance granted to the Appellant. Aggrieved thereby, the Appellant filed Appeals before the Tribunal which were dismissed. Review Applications filed by the Appellant were also dismissed by the Tribunal. 5. The Tribunal observed that the cancellation of the environmental clearance was preceded by spot inspection by the Committee constituted by the Sub-Divisional Magistrate, Jagraon on 12.12.2017. The Committee visited the area on 13.12.2017 to verify the facts. The joint demarcation report submitted by the said Committee showed that:. Most of the land is under flood protection ‘Bundhs/Spurs?. Also, part of the land is adjoining the flood protection ‘Bundh?.ii. Part of the land being under private cultivation proves that replenishment may not be available.As the revocation of the environmental clearance was on the basis of a joint demarcation report, the Tribunal declined to interfere.

Court's reasoning:
10. After examining the material on record and the submissions made by the learned counsel appearing for the parties, there is no reason to interfere with the order passed by the Tribunal. The order of revocation of the environmental clearance is pursuant to the acceptance of the report submitted by the Expert Committee constituted by the Sub-Divisional Magistrate, Jagraon. The report shows that the ground reality is different from what was projected by the Appellant in its application for grant of the environmental clearance.