The National Green Tribunal (NGT) has firmly dismissed an appeal that sought to overturn the cancellation of environmental clearance for sand mining activities on the Dhasan River in Jhansi district. The tribunal's decision, delivered on December 24, 2024, rests on the appellant's failure to file the appeal within the legally mandated time limit.
Technical Grounds and Environmental Violations
The NGT bench, led by Justice Prakash Shrivastava and expert member Dr. A. Senthil Vel, clarified that the appeal was barred by limitation, as it was filed after the maximum permissible period of 90 days. The tribunal emphasized it lacks the jurisdiction to condone such a delay once the 90-day window has expired.
The original environmental clearance (EC) was granted to appellant Vipin Kumar Saxena on November 18, 2022. However, the Uttar Pradesh State Level Environment Impact Assessment Authority (SEIAA) revoked this clearance on December 22, 2024. This decisive action followed the discovery of gross irregularities during sand excavation from the Dhasan riverbed, which posed a serious environmental threat and violated specific NGT directives.
Background of the Case and Legal Proceedings
The irregularities came to light through a joint committee report constituted by the NGT itself. The committee was investigating a separate application (OA No. 440/2023) filed by Naveen Kumar against the State of UP and others. This application alleged that Vipin Saxena was engaged in illegal mining in the Dhasan river. The committee's findings confirmed violations and non-compliance by Saxena.
During the proceedings of this original application, SEIAA initially reported on November 22, 2024, that the EC granted to Saxena had been kept in abeyance. Later, when the case came up for a final hearing on December 13, 2024, the authority informed the tribunal that the clearance had been formally cancelled by an order dated December 12, 2024. Following this update, the original application (OA No. 440/2023) was dismissed.
Consequences and Tribunal's Stance
In a related development, the court had earlier imposed a fine of Rs 25,000 on Saxena for falsely claiming that he had not received the order cancelling his environmental clearance. This penalty underscores the legal scrutiny surrounding the case.
The NGT's latest order reinforces the strict procedural timelines governing environmental litigation and reflects a firm stance against non-compliance with ecological regulations. By upholding the SEIAA's cancellation, the tribunal has supported the authority's action taken in response to verified environmental damage from unsustainable sand mining practices.
