NGT warns U.P. officials of prosecution over illegal sand mining lapses

The National Green Tribunal has warned senior Uttar Pradesh (U.P.) officials of prosecution if lapses in curbing illegal sand mining along the Ganga continue.

The applicant had alleged air and water pollution caused by illegal mining activities in the Kanpur region and nearby areas of U.P. A Bench of the NGT comprising Judicial Member Arun Kumar Tyagi and Expert Member Afroz Ahmad said in a judgment dated January 16 that directions issued by the tribunal in an earlier case connected to the present issue had not been complied with by the Director of Geology and Mining, Uttar Pradesh, and the Member Secretary of the Uttar Pradesh Pollution Control Board (UPPCB).

“Even though the serious violations revealed by the material on record in the present case warrant an order for their prosecution for non-compliance with the order passed by this tribunal, we consider it appropriate to take a lenient view and do not direct their prosecution,” it said.

“However, we forewarn the Director, Geology and Mining, Uttar Pradesh, and the Member Secretary, UPPCB, that in case of any future non-compliance, we may be constrained to order their prosecution for such non-compliance without any further leniency,” read the judgment.

The NGT also directed both officials to ensure that directions issued by the tribunal in other connected cases are strictly followed. It ordered inspections by an expert committee at least three times for each mining lease, with reports to be acted upon and placed on the website of the State Environment Impact Assessment Authority (SEIAA).

“All District Magistrates and the Commissioners/Superintendents of Police of the districts concerned are directed to conduct periodic surprise visits to mining lease sites to prevent illegal mining and illegal transportation of minor minerals, and to take all necessary measures to ensure such activities do not take place. Failure to comply with an award, order or decision of this tribunal constitutes an offence,” the judgment read.