NGT directs action against mining firm for illegal road in Haryana’s Aravalli forest area
The National Green Tribunal (NGT) has directed authorities in Haryana to take action against a private mining company for illegally carving out a road through the protected Aravalli Forest area.
The green body was hearing a plea alleging that the project proponent M/s Maa Santoshi Khanij Udhyog was granted Environmental Clearance (EC) in 2020 for carrying out mining operations at village Musnota, Tehsil Narnaul, District Mahendergarh of the state, but in violation of rules, it had made an illegal temporary road to access its mines.
According to the plea, heavy vehicles transporting minerals were using the said road, damaging the Aravalli plantation area and violating environmental norms.
A bench of NGT Chairperson Justice Prakash Shrivastava and expert member Afroz Ahmad noted that the tribunal had, earlier, formed a joint committee, which had submitted reports, saying that the temporary road was located in the Aravalli plantation and that the project proponent had not obtained the mandatory forest clearance under the Forest (Conservation) Act before constructing and using the carved-out road.
It cited a 2004 Supreme Court verdict which prohibited “any mining activity on the area under plantation under the Aravalli Project” and said, “the Aravalli hill range has to be protected at any cost.”
The tribunal said, “The joint committee in its reports has rightly found that the “kacha rasta” (temporary road) for approaching mines of the Respondent 5 (M/s Maa Santoshi) passes through khasra numbers 258 and 270 of village Panchnota and these khasra numbers are part of Aravalli Plantation and forest land.”
In its order dated July 22, made available on Tuesday, the tribunal said that the temporary road did not exist earlier, but has been carved out and used by the project proponent. Besides, the entity never obtained forest clearance for constructing and using the temporary road.
The tribunal directed the State Environment Impact Assessment Authority (SEIAA) in Haryana to duly consider the issue of violation of environmental clearance conditions and take an appropriate decision in accordance with law by following the principles of natural justice within three months.
“The Haryana State Pollution Control Board (HSPCB) will duly consider the issue of violation of the environmental norms by the respondent 5 and will impose the environmental compensation in accordance with law after giving an opportunity of hearing,” the tribunal said.
It said that the competent authority will also initiate action for violating the provisions of the Forest (Conservation) Act expeditiously.
