Environment – NGT Directs Haryana to Act Over Alleged Illegal Aravalli Mining Access
Environment –The National Green Tribunal (NGT) has ordered the Haryana government to initiate action against Maa Santoshi Khanij Udyog after finding prima facie violations of environmental regulations linked to a mining project in Mahendergarh district. According to the Tribunal, the company allegedly created an unauthorised access route across Aravalli Plantation land to reach its mining site without securing the mandatory environmental and forest clearances required under law.
Tribunal Calls for Investigation and Compensation Assessment
Highlighting the ecological significance of the Aravalli landscape, the Tribunal stressed that environmental laws must be implemented without exception. It directed the Haryana State Pollution Control Board (HSPCB) to conduct a detailed inquiry into the alleged violations and determine environmental compensation in line with applicable legal provisions. The competent authority has also been instructed to begin proceedings against the mining company for alleged violations of the Forest (Conservation) Act, 1980.
Forest Clearance Found Missing
During the proceedings, the Tribunal observed that the company had constructed and used a passage through the Aravalli Plantation area without obtaining the mandatory forest clearance. The Ministry of Environment, Forest and Climate Change (MoEF&CC) informed the Tribunal that no application seeking such approval had been submitted by the project proponent, strengthening concerns over non-compliance with statutory requirements.
Panchayat Had Earlier Raised Objections
The matter had first drawn attention when the Gram Panchayat of Panchnota issued a notice to the company on October 3, 2023. The notice questioned the transportation of mined material through a road that was allegedly built illegally on panchayat-owned land. The local body’s action later became part of the wider environmental examination carried out by the authorities.
Joint Committee Reports Confirm Key Findings
To verify the allegations, the NGT had previously constituted a Joint Committee comprising representatives from the Central Pollution Control Board (CPCB), the MoEF&CC, the Haryana State Pollution Control Board and the Mahendergarh district administration.
The committee submitted three separate reports, concluding that the temporary road passing through Khasra Nos. 258 and 270 in Panchnota village of Nangal Chaudhary lies within the Aravalli Plantation area and also falls on Gram Panchayat land. The reports further stated that the company had proceeded with the construction and use of the route without obtaining the legally required forest clearance under the Forest (Conservation) Act, 1980.
Supreme Court Ruling Cited for Aravalli Protection
While delivering its observations, the Tribunal referred to the Supreme Court’s landmark judgment in the M.C. Mehta versus Union of India case. It noted that areas covered under the Aravalli Plantation Project enjoy special environmental protection and that mining-related or other non-forest activities cannot be undertaken unless all statutory approvals have been granted in advance.
The Tribunal also took note of reported shortcomings in complying with environmental clearance conditions. These included deficiencies related to safety zones, dust suppression systems, ambient air quality monitoring and groundwater monitoring, indicating that multiple aspects of environmental compliance require further examination.
SEIAA Given Three-Month Deadline
In addition to directing action by the pollution control authorities, the NGT instructed the State Environment Impact Assessment Authority (SEIAA), Haryana, to independently review the reported violations of environmental clearance conditions. The authority has been asked to complete its assessment and take an appropriate decision in accordance with the law within three months, while ensuring that the principles of natural justice are followed throughout the process.