High Court refuses to stay ongoing public hearings of sand mining

Staff Reporter ;

NAGPUR bench of Bombay High Court on Tuesday firmly refused to stay the ongoing public hearings conducted by MPCB across Vidarbha on Zoom app for grant of environmental clearance for sand mining projects. A division bench consisting of Justice Ravi Deshpande and Justice Amit Borkar while formally issuing notice to State Government, its revenue department and Maharashtra Pollution Control Board in a PIL filed by Sudhir Paliwal, convener of Vidarbha Environment Action Group, declined to halt the remaining public hearings in four districts.

The PIL dubbed the ongoing hearings on Zoom App as illegal and sham in contravention of EIA notification which envisages public participation. The hearings are organised during the lockdown period so as to prevent the “affected persons” from rural areas to raise their objections, the petitioner claimed while expressing apprehension about safety of Zoom as well citing a Home Ministry advisory dated April 16 asking not to use Zoom as it is unsafe. In spite of such advisory and ignoring inability expressed by many District Collectors due to ongoing pandemic, the Additional Chief Secretary of Revenue Department issued a notification on April 27, 2020 to conduct the public hearing on Zoom app, petitioner stated. Adv Tushar Mandlekar argued that State Government has no powers to frame any protocol or guidelines or rules as the power to frame rules related to “Public Hearing” lies with the Central Government under sections 6, 25 of Environment Protection Act 1986.

The petitioner prayed for cancellation of all such public hearings conducted on Zoom apps by various District Collectors, like Nagpur, Chandrapur, Gadchiroli, Yavatmal. Government Pleader Sumant Deopujari strongly opposed grant of any relief and wondered as to why the petitioner was approaching the High Court when notification was issued way back on April 27 and most hearings are over without any problem. The MPCB also justified the hearings and refuted the allegations. The High Court while refusing to stay forthcoming hearings, issued formal notices to respondents and directed them to file the reply on June 30 . Adv Dr Tushar Mandlekar, assisted by Adv Dr Mahendra Limaye, argued for the petitioner. GP Sumant Deopujari (State), Adv Ravi Sanyal (MPCB) represented the respondents.