Order of the National Green Tribunal regarding sand mining in Cheer river, Banka district, Bihar, 27/03/2025.
Order of the National Green Tribunal (Eastern Zone Bench, Kolkata) in the matter of Ras Mohan Thakur Vs State Expert Appraisal Committee (SEAC), Bihar & Others dated 27/03/2025.
The Appellant is seeking quashing of the Common Environmental Clearance dated January 17, 2025 granted by State Environment Impact Assessment Authority (SEIAA), Bihar, in favor Sandeep Chandak for Sand Blocks 3, 4 and 5 namely sand mining project units-II on the Cheer river, district Banka, Bihar, covering an area of 67 hectares.
The case of the Appellant is that the Environmental Impact Assessment (EIA) Notification, 2006, does not contemplate the issuance of a common EC for multiple independent sand mining blocks in as much as each block, even if a part of a cluster, requires a separate EC and therefore, grant of a single EC for three distinct and independent sand blocks are entirely impermissible and illegal. It is alleged that the three sand blocks do not fall in a cluster, (they are not within 500 m of each other) and it is stated that the DSR for district Banka categorically states that there are no mines in a cluster and even the Terms of Reference (TOR) or EIA Study in favour of the miner, Sandeep Chandak does not state so.
The contention of the appellant is that for mines that fall in a Cluster, a common Public hearing and EIA Study is contemplated under the EIA, 2006 but the application for grant of EC, TOR and the EC itself are always independent for each sand ghat/block even in a cluster.
NGT directed notice to be issued to State Level Environmental Impact Assessment Authority (SEIAA), Bihar among others. All the respondents including the miner have been directed to file their counter affidavits.