Sand mining in Dhasan river in Jhansi: NGT rejects plea challenging cancellation of clearance

The tribunal noted that the environmental clearance granted to the appellant on November 18, 2022, was revoked by the State Level Environment Impact Assessment Authority on Dec 22, 2024

The National Green Tribunal (NGT), Principal Bench, New Delhi, has dismissed an appeal challenging the cancellation of environmental clearance granted for sand mining in the river Dhasan in Jhansi district.

The plea was cancelled due to gross non-compliance with the environmental clearance conditions. (For Representation)

The bench comprising the tribunal’s chairperson Justice Prakash Shrivastava and expert member A Senthil Vel on December 24 held that the appeal was barred by limitation under Section 16 of the National Green Tribunal Act, 2010, and that the tribunal had no jurisdiction to condone delay beyond the statutory outer limit of 90 days.

The tribunal noted that the environmental clearance granted to appellant Vipin Kumar Saxena on November 18, 2022, was revoked by the State Level Environment Impact Assessment Authority (SEIAA) of the state government on December 22, 2024.

It was cancelled due to gross non-compliance with the environmental clearance conditions as revealed by a joint committee report submitted in earlier proceedings of the case. The appellant’s subsequent application seeking restoration of the environmental clearance was rejected on May 15, 2025.

Rejecting the appellant’s plea that the cancellation order was not served upon him, the tribunal relied on earlier orders passed wherein it had been conclusively held that the environmental clearance cancellation and related communications were duly served through registered post, email, and public portal upload.

The tribunal observed that the appellant had falsely claimed non-receipt of orders. It further observed that the appeal was filed 178 days after the cancellation of environmental clearance far beyond the maximum condonable period of 90 days.

Even with respect to the rejection order passed on May 15, 2025, the appeal was filed beyond 30 days without any application for condonation of delay, despite an opportunity being granted by the tribunal.