NGT takes cognisance of auction for mining in protected Aravalli

A news article in the Times of India reported Haryana's mining department auctioned 119.5 acres of the protected land for mining purposes on the same day that it was declared part of a protected forest.
National Green Tribunal (NGT)
National Green Tribunal (NGT)
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The National Green Tribunal (NGT) has taken suo motu cognisance of a news report regarding the auction of a portion of Aravalli forest land in Rajawas, Haryana, for mining purposes, shortly after its declaration as a 'protected forest.'

A coram of Chairperson, Justice Prakash Shrivastava, judicial member, Justice Arun Kumar Tyagi, and expert members Dr. A Senthil Vel and Dr. Afroz Ahmad determined that the matter indicated a violation of the Forest Conservation Act (FCA) and the Environment Protection Act.

Justice Prakash Shrivastava, Justice Arun Kumar Tyagi, Dr A Senthil Vel and Dr Afroz Ahmad
Justice Prakash Shrivastava, Justice Arun Kumar Tyagi, Dr A Senthil Vel and Dr Afroz Ahmad

According to a September 15 report in The Times of India, the Haryana Forest Department had designated 506 acres of the Aravalli tract in Rajawas village, Mahendergarh district, as a 'protected forest' under the Forest (Conservation) Act, 1980 (FCA).

This July 20, 2023 declaration was part of a compensatory afforestation effort, intended to mitigate the environmental impact caused by the loss of a million trees due to the Great Nicobar project.

The report added that on the same day, the Haryana government's mining department conducted an e-auction for 119.5 acres of the newly protected land.

A company won the bid and was granted a 10-year lease on August 4, 2023, allowing it to carry out quarrying activities and operate three stone crushers with an estimated capacity of up to 1.4 metric tonnes per annum.

The report emphasised that the auction and subsequent mining activities proceeded without any No-Objection Certificate (NOC) from the Forest Department.

The mining department claimed ignorance of the FCA notification during the auction, while forest officials asserted that mining could not proceed without the necessary approvals.

The NGT determined that the news item raised a substantial issue relating to compliance with provisions of the Forest Conservation Act and the Environment Protection Act.

Therefore, it issued notices to the Inspector General of Forest, Ministry of Environment, Forest and Climate Change; the Principal Chief Conservator of Forests, Haryana; the Haryana State Pollution Control Board (HSPCB); the Central Pollution Control Board (CPCB); and the District Magistrate of Mahendergarh.

The NGT has directed all these respondents to file their replies in the form of affidavits at least one week before the next hearing scheduled for January 28, 2025.

[Read Order]

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NGT order dated October 1, 2024.pdf
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