EC Report
1. Project Details
   Whether it is a violation case and application is being submitted under Notification No. S.O.804(E) dated 14.03.2017 ? : No
1. Project Details
   i. Proposal No. : IA/RJ/MIN/19136/2013    ii. MoEFCC File No. : J-11015/211/2013-IA-II(M)    iii.Short narrative of the project: River Sand Mining    iv. Project Sector : Mining Projects    v. Company/Proponent : M/s Himmat Singh Shekhawat
  vi.Details of State of the project
Details of State of the project
S.no. State Name District Name Tehsil Name
1.RajasthanRajsamandNathdwara
 
   vii.Date of TOR Granted 14 Oct 2013 viii.TOR letter issued by Ministry: Annexure-TOR letter ix.Date of Submission for EC: 03 Feb 2015 x.Project Type: New
2. Uploaded Documents of EIA/EMP,Risk Assessment,Public Hearing etc.
i.EIA/EMP: Annexure-EIA/EMP ii.Risk Assessment: Annexure-Risk Assessment iii.Public Hearing: Annexure-Public Hearing    iv. Date of Public Hearing: 25 Nov 2014   v. Uploaded Additional Report/Study/Document as desired by Ministry/EAC: Annexure-Additional Report/Study/Document   vi. Uploaded Cover Letter: None   vii.Remarks: Mining Plan attached.
3. Additional Detail Sought
Additional Detail Sought
Sno. ADS Letter Remarks Date of ADS
1. ADS LetterPP needs to revise the EIA/EMP report and also set right the mentioned in the letter 26 May 2015
2. ADS LetterNA 06 Aug 2015
3. ADS LetterAdditional Information 02 Nov 2015
4. ADS LetterNA 14 Dec 2015
5. ADS LetterAdditional information 23 Mar 2016
6. ADS LetterNA 04 May 2016
7. ADS LetterAdditional Letter 23 Jan 2017
8. ADS LetterScientific replenishment Study report 29 Dec 2017
9. ADS Letterai 05 Feb 2018
10. ADS LetterAdditional information & Undertaking in response to F.No. J-11015/231/2013-IA.II (M) dated 5th January 2018 24 Apr 2018
11.NAThe Committee deliberated the information submitted by PP and the Committee deferred the proposal and suggested that the proposal can only be considered after submission of requisite information which are detailed in the minutes of EAC held during May 30th -31st ,2018. The PP is requested to kindly see minutes of the Meeting for further necessary action. 13 Jun 2018
12. ADS LetterNA 21 Jan 2020
13.NAPP is requested to submit the complete information online. 13 Feb 2020
14. ADS LetterNA 03 Mar 2020
15.NA

The EAC deliberated on the submissions made by the project proponent and presentation made by the consultant during the meeting on 6th may, 2020 and made following observation:

1)   The Committee deliberated on the replenishment study report submitted by PP. The Consultant made a presentation on step wise step procedure followed for conducting the replenishment study. The amount proposed for production is 2.79 million TPA (as against 0.28 MTPA). The Committee observed that Replenishment Study Report submitted with EIA/EMP does not give any insight of safe extractable quantity as the blocked reserves in the safety zone is not provided in the report. Further the production proposed is more than the capacity for which ToR & EIA Report was prepared. The Committee also found that presentation is also prepared on the same line. The Committee warned the consultant and asked him to ensure that all the information and data presented before the Committee should be factually correct.

 

2)   On comparing the results of replenishment study conducted by CMPDI in 2017 which is based on the Meyer-Peter’s equation and by OMTC which is based on pre & post monsoon dated, the Committee found that there is a huge variation in the quantity of material deposited.

 

3)   The Committee also observed that there is difference in the mining area as per LOI (773.28 Ha) and demarcated by DMG (145.84 Ha). The Committee discuss this issue with Shri B.S. Soda, Additional Director (Mines), Jaipur and Nodal Officer from the State Government of Rajasthan. He informed that after Judgment dated 27.02.2012 of Hon’ble Supreme Court in the matter of Deepak Kumar vs State of Haryana & Ors, the State Govt. of Rajasthan has issued LoI for the mining leases of larger area. He also informed that based on the EAC meeting held during 8.01.2018 the State Govt. identified the area where mining can be permitted and which comes out to be 145.84 Ha based on the conditions prevailing at that time.

 

4)   The Committee also observed that in the replenishment study report mineable mineral was calculated and impact on traffic density was covered. But it is not clear from the study report that area which comes under no mining zone (block area) and the reserves which is blocked in this area. Due to this it is difficult to ascertain that what would be safe extractable volume, depth and tonnage.

 

5)   The Committee also observed that there is a difference in specific gravity as reported in two study reports viz. CMPDI & OMTC. The Committee also discussed this issue with Shri B.S. Soda, Additional Director (Mines), Jaipur and Nodal Officer from the State Government of Rajasthan who confirmed that specific gravity may be considered as 2.54 tonne/m3.

 

6)   The Member Secretary informed the Committee that Ministry has received a representation on 4.05.2020 from Bajri Mining Lease Holders Association wherein it was requested for mechanized mining, mining in night hours and considering the proposal based on the recommendation already made by EAC. One of the PP also reiterated the same by addressing the EAC and informed the Committee there is sufficient material available for mining and requested for grant of EC.

 

7)   The Committee considered the request of the Member of the Association at the same time is also of the view that the Hon’ble Supreme Court in its order dated 2.08.2018 mentioned that “124. We are not in agreement with learned counsel for the mining lease holders. There is no doubt that the grant of an EC cannot be taken as a mechanical exercise. It can only be granted after due diligence and reasonable care since damage to the environment can have a long term impact.”.  Further, EAC is of the view that “In another judgment in Secretary, Kerala State Coastal Management Authority v. DLF Universal Ltd., the Apex Court discussed about the procedure of deemed environmental clearance and held that not to be followed in future, since obtaining of prior environmental clearance is mandatory, irrespective of wording in Para 8(2) of EIA 2006 Notification.”  So, in the instant case the decision can be only be taken after examining the information & data submitted by the PP.

 

8)    The Member Secretary also informed the Committee that Ministry also received a representation from Sr. Advocate of Hon’ble Supreme Court against the Sand Mining Proposals from the State of Rajasthan wherein inter-alia the issues raised is regarding illegal mining, violation of Common Cause Judgment dated 2.08.2017 and request for not considering these proposals. The Chairman is of the view that complaint may be forwarded to all the members so that issues mentioned therein may be addressed and at the same time asked the Member Secretary to sought desired information from PP/State Government for the same.

 

9)    The Committee also felt that complete document is not available online and Ministry may ask PP to upload the same for further appraisal and public viewing. In case PP faces any issue regarding size restriction then same may be informed to Director NIC, MoEF&CC and Member Secretary, so as to ensure that all the information made online.

 

5.       Based on the discussion held on 6th May, 2020 and document submitted the Committee deferred the proposals for want of following information from the PP & State Government. The Committee is of the view that the Hon’ble Supreme Court in its order dated 6.12.2019 asked for completing of the application and directed the Ministry to pass appropriate order, therefore to expedite the process, a Special Meeting may be conducted for the Sand Mining proposal from the State of Rajasthan after receipt of information from PP.

1)        In the replenishment study report details such as area under 7.5 meters statutory barrier, area under ¼ width of the river, area under ¾ width of the river for both lease area and area demarcated by DMG needs to be mentioned. In addition to these details of the reserve available and block therein needs to be provided along with plan and section for area demarcated by DMG. In the study report the safe extractable volume and tonnage needs to be defined after the deducting the block reserves. The slice plan for the mining in the safe extractable zone needs to be provided in the report.  

 

2)        The details of the area to be utilized & not to be utilized for mining, as approved mining plan at the end of 5 years needs to be provided. Whether area demarcated by DMG comes under the utilized zone or un-utilized zone. In addition to this, area required for mining in the next 5 years needs to be provided with proper justification. The details of any prohibited area within the LOI area or demarcated area needs to be provided.

 

3)        Mining is proposed in the small area and still large area is left how PP will ensure to curb illegal mining in the demarcated area and rest of the area falling in the lease (provision of Enforcement and Monitoring Guidelines for Sand Mining ,2020 shall be referred for the same). In addition to this budget for installation surveillance equipment like CCTV, security guards weigh bridge etc., needs to be provided. The mining intensity of the original proposal considering larger area and the current proposal shall be compared and explained, as there is significant difference in mining intensity per Ha area.

 

4)        PP needs to submit the compliance of ToR points wherein certificate is required for involvement of no forest land, distance from the protected area, authenticated list of schedule-1 species, conservation plan for schedule-1 species and proof of its submission to Chief Wildlife Warden if not already submitted. PP shall ensure that all these documents along with Annexure to EIA Report and other documents submitted to the ministry should be uploaded online on PARIEVSH Portal for public viewing.

 

5)        PP needs to submit a letter from the State Government that there is no violation of Common Cause Judgment dated 2.08.2017 in respect of this mining proposal and there is no production before the SC Order dated 25.11.2013 & after SC Order dated 16.11.2017. An undertaking in this may also be submitted.

 

6)        The PP needs to submit time-bound, activity-wise action plan for EMP, Occupational Health, Planation, and CER along with the budgetary provision. In addition to details of Environmental Management Cell to be established for implementation of EMP needs to be submitted along with details of manpower and cost.

 

7)        PP needs to ascertain the impact of transportation and details of transportation route viz. (length of the road, type of road, passing through the village or habitation) and mitigative measures to be taken for abatement of pollution due to transportation. The budget for the same needs to be provided.

 

8)        In case there any proposal for utilization of land outside the mining lease for transportation with a mutual agreement with villagers then details of the same needs to be provided along with proposed compensation details.

 

9)        PP needs to re-estimate the requirement of water for plantation, dust suppression and domestic use. The source of water needs to be mentioned. The cost of water tanker etc. needs to be mentioned in EMP.

 

10)     PP needs to confirm that is there any other homogeneous mining lease within 500 meters of this lease and forming cluster. If, yes details of the same needs to be provided.

 

11)     It has observed that PP has changed the consultant a letter in this regard needs to be submitted in pursuant to Ministry’s O.M. No. J-11013/41/2006-IA. II(I) dated 17.03.2010.

 

12)     PP has provided details of many court cases which are on various issues. Therefore, PP needs to provide status of the case wherein the case is pertaining to issue of grant of EC to present proposal, grant of LoI, illegal mining by PP etc. The Complete details and status of the same needs to be provided. 

18 May 2020
16. ADS LetterSubmission of Requisite information regarding replenishment study report Sand mining project for Himmat Singh Shekhawat located at Revenue Villages of Tehsil: Nathdwara, District: Rajsamand, Raj. (Rajasthan) (773.28ha). 01 Jun 2020
4. Accredited Consultant Details
   i. Accreditation status : Yes    ii. Accreditation No. : Presently Permission Granted by Hon'ble High Court    iii. Name of Consultant: Devendra Goyal   iv. Address : 1/3A,Opposite Yozna Bhawan Yudhister Marg, C-Scheme, Jaipur ( Rajasthan)   v. Mobile No.: 9829118043   vi. Landline No.: 1412223290   vii. Email Id: info@enviroconcept.co.in
5. Undertaking
I hereby give undertaking that the data and information given in the application and enclosures are true to be best of my knowledge and belief and I am aware that if any part of the data and information found to be false or misleading at at any stage, the project will be rejected and clearance given, if any to the project will be revoked at our risk and cost.
   i. Name of Applicant : Shiva Corporation    ii. Designation : Director    iii. Name of Company(Applicant Name should not be given here) : RAJASTHAN FORT AND PALACE PVT LTD    iv. Address : 312, Ganpati Plaza, M.I. Road Tehsil : Jaipur Jaipur v. Uploaded copy of documents in support of the competence/authority of the person making this application to make application on behalf of the User Agency: NIL
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