National Green Tribunal
News Item Titled ... vs . Ankita Sinha & Ors." Reported In 2021 on 9 May, 2024
Item No.02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 508/2024
News item titled "गररयाबंद-महासमंद के घाट ं में रे त माफिया बेखौि, प्रशासन की
अनदे खी" appearing in Janta Se Rishta dated 04.03.2024
Date of hearing: 09.05.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. This Original Application is registered suo-motu on the basis of the news item titled "गररयाबंद-महासमंद के घाट ं में रे त माफिया बेखौि, प्रशासन की अनदे खी" appearing in Janta Se Rishta dated 04.03.2024.
2. The matter relates to the alleged illegal sand mining taking place in Gariyaband-Mahasamund area in Chhattisgarh. As per the article, illegal sad mining is taking place in Chindraud sand ghat of Mahasamund late night using vehicles like big Poklane machines, trucks, JCB, Hyva, tractors etc. Illegal sand excavation is taking place without any fear in the sand ghats of Hathkhoj of Chingarud and Gariaband where no action has been taken against the active mafias till now resulting in crores of sand being stolen.
3. The article further alleges that Every day, millions of tons of sand is excavated from these regions using heavy machinery like excavators, trucks, and tractors, with the illegal sand being supplied to Raipur, Durg, and Kumhari via roads. The audacity of the sand mafia is such that mining is even conducted from closed sandbanks. Despite knowledge, mining and revenue department officials are not taking any effective action to curb these illegal activities. 1
4. The above news item indicates violation of the Sand Mining Guidelines, 2016 and the provisions of Environment Protection Act, 1986.
5. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
6. Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon'ble Supreme Court in the matter of "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors." reported in 2021 SCC Online SC 897.
7. Hence, we implead following as respondents in this matter:
(i) Chhattisgarh Environment Conservation Board, Raipur, through its Member Secretary, Paryavas Bhavan, North Block Sector-19, Atal Nagar, District - Raipur - 492002, Chhattisgarh
(ii) Central Pollution Control Board, through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi-110032
(iii) Collector & District Magistrate, Bilaspur, District Collectorate Office, Mahasamund, Chhattisgarh - 493 445
8. Let notice be issued to the above Respondents for filing their response before the appropriate bench of the Tribunal.
9. Since the matter relates to the Central Zonal Bench, Bhopal, therefore, OA is transferred to the Central Zonal Bench for appropriate further action. Office is directed to transfer the original record of the OA to Central Zonal Bench, Bhopal.
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10. List before Central Zonal Bench at Bhopal on 12.07.2024.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM May 09, 2024 Original Application No. 508/2024 AS.
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