National Green Tribunal
News Item Titled ,,Six Vehicles Used In ... vs Coram: Hon'Ble Mr. Justice Sudhir ... on 19 March, 2024
Item No. 02 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 248/2024
News item titled "six vehicles used in illegal sand mining seized in
Haryana‟s Nuh" appearing in the Hindustan times dates 10.02.2024
Date of hearing: 19.03.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Rahul Khurana, Adv. for HSPCB & DM, Nuh
ORDER
1. This Original Application has been registered under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as „NGT Act, 2010') in exercise of suo moto jurisdiction based on a newspaper report published in daily newspaper Hindustan Times dated 10.02.2024 under the title "six vehicles used in illegal sand mining seized in Haryana‟s Nuh".
2. Report says that four trucks and two tractor trolleys were seized by Haryana State Enforcement Bureau which were carrying illegally mined sand from six areas of Nuh.
3. Report also says that the persons who were involved in illegal mining fled the sport and abandoned their loaded vehicles which were impounded. Two tractors filled with sand were seized by the raid team from Klinger and Thekra crossing of Nuh and three trucks were seized from Jhimrawat, Tauru and Punhana. Two out of three trucks were loaded with stones. One truck and two tractors were seized from 1 Ferozepur Jhirka, Pinagawan and Nuh. Penalties of Rs. 1.30 crore under the Mining Statutes have been imposed.
4. On advance notice issued to District Magistrate, Nuh, he has submitted a report dated 17.03.2024 stating that as per report received from Police Department, Nuh drone mapping and use of CCTV cameras have been adopted in District Nuh. Steps have been taken to stop illegal mining and to catch vehicles involved in illegal mining. Some of the vehicles seized which were found indulged in illegal mining, are mentioned in para 5 of the report as under-
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I. Drone survey is being done once in a week and thereafter suspicious places are being physically verified by the police personnals.
II. 13 number of Police Nakas have been setup intra-district (7) and at inter-state boundary (6). At some Nakas, night vision CCTV Footage cameras are set up and images are being monitored at control room at SP Office, Nuh. III. Joint combing of Para-Military Force and the Haryana Police is being done to indentify the mining prone areas. IV. A special 'Anti-Mining Staff has been constituted which do patrolling day and night in illegal mining prone areas, Trenches has been digged on the approach path towards Aravalli range exposable to mining.
V. To create awareness in the community for protection of Aravalli Nuh Police holds tours to hills & session for students. Visit of students of 15 Sr. Secondary Schools have been organized with teachers of Geology, Botany and officials of Forest Department to aware the students about bio-diversity of Aravalli and create atmosphere at public at large to prevent illegal mining."
5. During checking on 07.02.2023 and 08.02.2023, four cases were reported pertaining to transportation of mineral without e-ravanna and the said vehicles were seized on the same day. Two other instances of transportation of mineral without e-ravanna were noted on 07.01.2024 and in both these cases also vehicles were seized and FIRs were registered.
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6. Report, however, does not show as to whether the persons indulged in illegal mining have been identified and/or any environmental compensation has been imposed.
7. Mr. Rahul Khurana, Learned Counsel has appeared on behalf of Haryana State Pollution Control Board as well as District Magistrate, Nuh. He prays for and is allowed six weeks time to file reply. Further, we impleade the following as respondents-
1. State of Haryana, through Chief Secretary, 4th Floor, Haryana Civil Secretariat, Sector-1, Chandigarh;
2. MoEF&CC through Secretary, Indira Paryavaran Bhawan Jorbagh Road, New Delhi - 110 003 India;
3. District Magistrate, District Nuh, Mini Secretariat, Nuh, Haryana;
4. Haryana State Pollution Control Board though it‟s Member Secretary, Haryana State Pollution Control Board (Head Office). C-11, Sector-6, Panchkula, Haryana - 134109, Haryana.
8. Let notice be issued to respondents 1 & 2 for filing their reply atleast one week before the next date of hearing.
9. List on 05.07.2024.
Sudhir Agarwal, JM Dr. A. Senthil Vel, EM March 19, 2024 Original Application No. 248/2024 JG.
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