NEW DELHI: The National Green Tribunal (NGT) has identified violations of environmental norms and directed the Haryana government to take action against Maa Santoshi Khanij Udyog, a mining company. The company allegedly constructed an illegal passage on Aravalli Plantation land to access its mining site in Mahendergarh district without obtaining the required environmental clearance.
Emphasising the need for strict compliance with environmental laws and the protection of the ecologically sensitive Aravalli region, the Tribunal directed the Haryana State Pollution Control Board (HSPCB) to investigate the violations and determine appropriate environmental compensation in accordance with the law. The competent authority has also been directed to initiate proceedings against the company for violating provisions of the Forest (Conservation) Act, 1980, in Mahendergarh district.
The Tribunal found that the company had constructed a passage through the Aravalli Plantation area without obtaining forest clearance under the Forest (Conservation) Act, 1980. The Ministry of Environment, Forest and Climate Change (MoEF&CC) informed the Tribunal that the company had not applied for the required forest clearance.
The Gram Panchayat Panchnota issued a notice to the company on October 3, 2023, regarding the transportation of minerals through a road allegedly constructed illegally on land belonging to the panchayat.
The Tribunal had earlier constituted a Joint Committee comprising representatives from the Central Pollution Control Board (CPCB), MoEF&CC, HSPCB and the District Administration of Mahendragarh to verify the allegations.
The Joint Committee submitted three reports, which revealed that the temporary road passing through Khasra Nos. 258 and 270 in Panchnota village, Nangal Chaudhary, fell within the Aravalli Plantation area and was also located on Gram Panchayat land. The committee further noted that the project proponent had not obtained mandatory forest clearance under the Forest (Conservation) Act, 1980, before constructing and using the passage.
The Tribunal referred to the landmark Supreme Court judgment in M.C. Mehta vs Union of India, underscoring that areas covered under the Aravalli Plantation Project require strict protection and that mining or non-forest activities cannot be permitted without statutory approvals.
The NGT also noted reported violations of Environmental Clearance conditions, including deficiencies in safety zones, dust control measures, ambient air quality monitoring and groundwater monitoring.
The Tribunal directed the State Environment Impact Assessment Authority (SEIAA), Haryana, to examine the violations of Environmental Clearance conditions and take an appropriate decision in accordance with the law, while adhering to the principles of natural justice, within three months.
