| File Note: |
<p style="text-align: justify;">It is intimated that the Environmental Clearance was granted to the GM cum Mining Officer, Ludhiana vide letter no. SEIAA/2017/745 dated 04.05.2017, which is valid for period of 07 years.</p>
<p style="text-align: justify;">Further, this EC was transferred to M/s Mahadev Enclave Pvt. Ltd. by SEIAA vide letter no. 1337 dated 16.01.2020 for period of 03 years from the date of final approval to be issued by the Government for carrying out the mining operations or the validity period of Environmental Clearance, whichever occurs earlier, subject to the same conditions as mentioned in the Environmental Clearance.</p>
<p style="text-align: justify;">Thereafter, the mining contractor i.e. M/s Mahadev Enclave Pvt. Ltd. was granted ‘Consent to Operate’ under the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Fresh/LDH3/2020/12083157 dated 27.01.2020 valid upto 15.01.2023 and under the Air (Prevention & Control of Pollution) Act, 1981 vide no CTOA/Fresh/LDH3/2020/12083115 dated 27.01.2020 valid upto 15.01.2023 for mining of minor mineral (sand) @973652 tonnes per year in an area of 22.26 hectare at Village Hujra, Tehsil Jagraon, Distt. Ludhiana.</p>
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<p style="text-align: justify;">Now, the mining contractor has applied for renewal of ‘Consent to Operate’ under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for its mining site located at Village Hujra, Tehsil Jagraon, Distt. Ludhiana for carrying out mining of minor mineral (sand) @973652 tonnes per year in an area of 22.26 hectare.</p>
<p style="text-align: justify;">The mining contractor has deposited consents fee, which is adequate upto 15.12.2023 under both acts.The mining site was visited by AEE of this Regional office on 30.01.2023 and observed that no mining activity is going on at site. No machinery & no labor was present at site and its physical conditions revealed that river water flowed through mining site during last monsoon period. Local inquiry also revealed that the site is not in operation since June, 2022.</p>
<p style="text-align: justify;">Environmental Clearance for the site measuring 22.26 hectare is valid for period upto 03.05.2024 under the name of General Manager cum Mining Officer, Ludhiana, however, period of its transfer to the name of project proponent i.e. M/s Mahadev Enclave Pvt. Ltd. has expired. It is pertinent to mention here that the SEIAA, Punjab has issued directions u/s 5 of the Environment (Protection) Act, 1986 vide letter no. 1159 dated 21.11.2022 to the Chief Engineer, Drainage cum Mines and Geology, Punjab as under: </p>
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<p style="text-align: justify;">(i) To immediately stop all commercial sand / gravel mining operations in all “Desilting” or other sites which are being undertaken without valid Environmental Clearance by contractors/ concessionaires or by any other department / agency which has been granted permission to do so by the Mining Department in Punjab State.</p>
<p style="text-align: justify;">(ii) No commercial sand / gravel mining covered under the directions in para (i) above be allowed to re-commence operations in any “Desilting” or other sites till grant of Valid ECs for such sites.</p>
<p style="text-align: justify;">It is pertinent to mention here that a CWP No. 12500 of 2022 titled as Jagdish Singh & another vs. Union of India & others is pending and SEIAA has sought the report from Board in this regard. This office has sent the report to the Competent Authority for sending the comments to the SEIAA, Punjab.</p>
<p style="text-align: justify;">As per message received from the Competent Authority of the Board that Hon’ble CM, Punjab is on official tour to Ludhiana on 06.02.2023 and Punjab Government is going to declare some announcement related to mining in the District. As such, the above matter is outmost important as the same is realted to the development of the state and top priority of State Govt.</p>
<p style="text-align: justify;">In view of above it is recommended as under: </p>
<p style="text-align: justify;">A) ‘Consent to Operate’ under the Water (Prevention & Control of Pollution) Act, 1974 & the Air (Prevention & Control of Pollution) Act, 1981 may be granted to the project proponent for the period upto 15.12.2023 subject to suitable conditions and with special condition that :-</p>
<p style="text-align: justify;">1. The project proponent shall extend the tenure of Environmental Clearance to its name from SEIAA, Punjab and shall not start mining activity at site without obtaining further extension of EC to its name in compliance to the directions u/s 5 of the Environment (Protection) Act, 1986 issued by SEIAA, Punjab.</p>
<p style="text-align: justify;">2. This consent is granted subject to the any order to be passed by the Hon’ble Punjab & Haryana High Court in CWP No. 12500 of 2022 titled as Jagdish Singh & another vs. Union of India & others.</p>
<p style="text-align: justify;">3. The project proponent shall comply with the all the terms & conditions mentioned in the Environment Clearance.</p>
<p style="text-align: justify;">4. The project proponent shall obtain necessary clearance / permission from the other Departments, if required, on its own level.</p>
<p style="text-align: justify;">5. The industry shall earmarked the boundary properly before starting mining activity at the site.</p>
<p style="text-align: justify;">6. The Project proponent will carry out mining process is open cast, semi mechanized, without drilling and blast.</p>
<p style="text-align: justify;">7. The contractor shall maintain the computerized record of daily mining/ lifting of sand at site.</p>
<p style="text-align: justify;">8. The project proponent shall submit analysis report of ambient air quality monitoring parameters mentioned in EC conditions as well as noise quality from Board's approved lab/ Board's lab within 01 month.</p>
<p style="text-align: justify;">9. The project proponent shall not carry out mining beyond the allotted area, if the industry found illegal mining beyond the area then consent to operate under Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 will be revoked without any notice.</p>
<p style="text-align: justify;">B) Letter may be written to the District Mining Officer cum Executive Engineer, Department of Water Resources, Dugri Road, Ludhiana to ensure the compliance of the Directions u/s 5 of Environment (Protection) Act, 1986 issued by SEIAA, Punjab and to ensure that the project proponent not start mining at site till it obtains transfer of Environmental Clearance to its name, please.</p> |
