National Green Tribunal
News Item Title Sand Mafia Is Ripping ... vs Chhattisgarh Pollution Control Board on 16 July, 2024
Item No. 06
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 142/2024(CZ)
(O.A.No.554/2024 - PB)
News item titled "egkunh dk lhuk phjdj jsr ekfQ;k dj jgk voS/k mR[kuu vkSj ifjogu]
ogha dkjZokbZ ds uke ij iz'kklu [kkukiwfrZ esa tqVk" appearing in Lallura.com dated
11.04.2024
Date of Hearing: 16.07.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s) : Mr. Prashant Sthapak, Adv.
Ms. Parul Bhadoria, Adv.
ORDER
1. This original application is registered suo-motu on the basis of the news item titled "महानदी' का सीना चीरकर रे त माफिया कर रहा अवैध उत्खनन और ifjogu, वही dkjZokbZ के नाम पर प्रशासन [kkukiwfrZ esa tqVk" appearing in Lalluram.com dated 11.04.2024. The matter relates to the rampant illegal sand mining taking place in various villages of the Arang area in Raipur district of Chhattisgarh. As per the article, the sand mafia is fearlessly endangering the existence of Mahanadi, also called as the 'lifeline of Chhattisgarh' by extracting uncountable amounts of sand from the river day and night.
2. The article alleges that illegal excavation of sand is going on in many villages situated on the banks of Mahanadi including village Paragaon, Ratakat, Gaurbhat, Hardidih, Kutela, just five kilometers away from Arang, but Raipur Mineral Department and local administration are not paying attention to this. It states that in Kurud village, about 25 km from Arang, the authorities have seized a chain mounting machine and 4 sand- 1 OA No. 142/2024(CZ) News item titled "egkunh dk lhuk phjdj jsr ekfQ;k dj jgk voS/k mR[kuu vkSj ifjogu] ogha dkjZokbZ ds uke ij iz'kklu [kkukiwfrZ esa tqVk" appearing in Lallura.com dated 11.04.2024 filled hives. Whereas on the same day, sand was being taken out from Mahanadi through four chain mounting machines in Paragaon without any fear, along with this, illegal transportation of sand was also being done through about 50 to 60 highways. The above matter indicates violation of the Sand Mining Rules, 2016 and the Environment Protection Act, 1986.
3. The matter was taken by this Tribunal and notices were issued to the respondents to submit their reply. Respondent no. 3 CPCB has filed the reply with the facts that under the Mine and Minerals (Development & Regulation) Act, 1957, the State Government is empowered to take measures to regulate the mining and further that notification has been issued by the MoEF&CC directing the State Authorities to strictly monitor the Sustainable Sand Mining Management Guidelines, 2016 & The Enforcement and Monitoring Guidelines for Sand Mining, 2020.
4. It is further stated that the state authorities have been directed to strictly follow the guidelines issued in original application no. 360/2015 titled "National Green Tribunal Bar Association v. Virender Singh (State of Gujarat) & Ors.,". In compliance to the notice issued to the CECB Respondent no. 1 has filed the reply and on behalf of the CECB learned counsel Ms. Parul Bhadoria has argued that :-
1. "Pursuant to the Order dated 26.02.2021 in O.A. No. 360/2015 titled "National Green Tribunal Bar Association v. Virender Singh (State of Gujarat) & Ors.," the Government of Chhattisgarh, Housing and Environment Department, issued a letter on 01.04.2024 to the Secretary of the Department of Mining, Chhattisgarh. That the aforementioned letter appointed the Department of Mining as the nodal agency responsible for ensuring compliance with the orders of the Hon'ble National Green Tribunal (NGT) regarding the regulation of illegal sand mining, including measures for environmental restoration and further 2 OA No. 142/2024(CZ) News item titled "egkunh dk lhuk phjdj jsr ekfQ;k dj jgk voS/k mR[kuu vkSj ifjogu] ogha dkjZokbZ ds uke ij iz'kklu [kkukiwfrZ esa tqVk" appearing in Lallura.com dated 11.04.2024 authorized the Department of Mining to impose environmental compensation on violators of illegal sand mining, following the formula prescribed by the NGT.
2. Thereafter the answering respondent vide letter dated 06.06.2024 addressed to District Magistrate, Raipur, wherein the answering respondent sought information of the action taken by at the District Level against illegal mining / transportation.
3. In consonance of the aforementioned letter, Mining Department vide letter dated 28.06.2024 made the following facts available to the answering respondent :
a. That within the Raipur district, there is a substantial accumulation of sand in the Mahanadi River. Pursuant to the Chhattisgarh Minor Mineral Ordinary Sand (Excavation and Business) Rules, 2019, the following eight sand mines in the district have been approved :
S.no Details of Lease Village Khasra Area Lease Period
Holder (hectare)
1. Shri Rajesh Kaagdehi 2400 5.00 07.03.2024
Kumar Trivedi to 06.03.2026
2. Smt. Basanti Kurud 2742 5.00 11.03.2024
Sahu to 10.03.2026
3. Shri Amit Lakhna 886 3.00 08.02.2024
Chandrakar to 07.02.2026
4. Shri Deepak Kumhari 1862 4.00 21.12.2023
Kumar to 16.01.2025
Chandrakar
5. Smt. Hema Hardidih 190 5.00 17.01.2024
Pandey to 16.01.2026
6. Shri Dilharan Paragav 1598/ 4.00 05.03.2024
Lal Yadav 1872 to 04.03.2026
7. Shri Aditya Chikhli (A) 1127 4.95 31.05.2024
Kumar Verma to 30.05.2029
8. Shri Rohit Chikhli (B) 1127 4.95 30.05.2024
Khediya to 29.05.2029
b. The aforementioned sand mines have been approved 3 OA No. 142/2024(CZ) News item titled "egkunh dk lhuk phjdj jsr ekfQ;k dj jgk voS/k mR[kuu vkSj ifjogu] ogha dkjZokbZ ds uke ij iz'kklu [kkukiwfrZ esa tqVk" appearing in Lallura.com dated 11.04.2024 following the receipt of environmental clearance from the State Level Environmental Impact Assessment Authority and are in regular payment of royalty to the State Government.
c. In addition to the aforementioned approved sand mines in Raipur district, five other mines have also been auctioned, with Letters of Intent (LOI) issued in favor of the highest bidders. The details are as follows:
S.no Details of Lease Village Khasra Area Date of LOI
Holder (hectare)
1. Shri Krishna Kashyap Kurud 2742 10.00 26.09.2023
2. Shri Rohit Singhania Mohmel 1083 4.95 04.10.2023
(A)
3. Shri Saroj Netaam Mohmel 1083 4.95 04.10.2023
(B)
4. Shri Rajendra Kumar Chikhli 1127 10.00 26.09.2023
Khediya (C)
5. Shri Surjeet Singh Ratakaat 887 10.00 05.10.2023
d. It is stated that Environmental Clearance is pending on the aforementioned mines and therefore no mining is being carried out.
e. It is stated that the averments made in the article are false and baseless and that there is no such sand mafia in the district. Joint teams from the Mineral Department, Revenue Department, and Police Department are actively and continuously taking action against illegal mining and transportation, and cases have been registered and that for the financial year 2024-25 till 20.06.2024 a total of 188 cases of illegal transportation have been registered and a total of INR 51,44,800/- has been recovered by the violators.
4. In addition to the aforementioned that numerous vehicles 4 OA No. 142/2024(CZ) News item titled "egkunh dk lhuk phjdj jsr ekfQ;k dj jgk voS/k mR[kuu vkSj ifjogu] ogha dkjZokbZ ds uke ij iz'kklu [kkukiwfrZ esa tqVk" appearing in Lallura.com dated 11.04.2024 have been seized for illegal transportation and that 14 cases were filed regarding illegal extraction and a total of INR 7,04,200/- was recovered as settlement amount. It is further stated that 11 chain mounted machines involved in illegal transportation of sand in the nearby area and the same has been seized by the District Administration."
5. The submission of the learned counsel is that the State Authorities are regularly monitoring the matter and registering the cases against the illegal mining in addition to realizing the environmental compensation.
The list of sanctioned mining with grant of environmental clearance has been submitted by CECB.
6. The reply has also been filed on behalf of respondent no. 4 District Magistrate, Raipur with the facts that :-
1. "That within the Raipur district, there is a substantial accumulation of sand in the Mahanadi River and therefore in accordance to Chhattisgarh Minor Mineral Ordinary Sand (Excavation and Business) Rules, 2019, the following eight sand mines in the district have been approved :
S.no Details of Village Khasra Area Lease Period Lease Holder (hectare)
1. Shri Rajesh Kaagdehi 2400 5.00 07.03.2024 Kumar Trivedi to 06.03.2026
2. Smt. Basanti Kurud 2742 5.00 11.03.2024 Sahu to 10.03.2026
3. Shri Amit Lakhna 886 3.00 08.02.2024 Chandrakar to 07.02.2026
4. Shri Deepak Kumhari 1862 4.00 21.12.2023 Kumar to 16.01.2025 Chandrakar
5. Smt. Hema Hardidih 190 5.00 17.01.2024 Pandey to 16.01.2026
6. Shri Dilharan Paragav 1598/ 4.00 05.03.2024 Lal Yadav 1872 to 04.03.2026
7. Shri Aditya Chikhli (A) 1127 4.95 31.05.2024 Kumar Verma to 30.05.2029
8. Shri Rohit Chikhli (B) 1127 4.95 30.05.2024 Khediya to 29.05.2029 5 OA No. 142/2024(CZ) News item titled "egkunh dk lhuk phjdj jsr ekfQ;k dj jgk voS/k mR[kuu vkSj ifjogu] ogha dkjZokbZ ds uke ij iz'kklu [kkukiwfrZ esa tqVk" appearing in Lallura.com dated 11.04.2024 It is stated that the aforementioned sand mines have been approved following the receipt of environmental clearance from the State Level Environmental Impact Assessment Authority and are in regular payment of royalty to the State Government.
2. That In addition to the aforementioned approved sand mines in Raipur district, five other mines have also been auctioned, with Letters of Intent (LOI) issued in favor of the highest bidders. The details are as follows:
S.no Details of Village Khasra Area Date of LOI Lease (hectare) Holder
1. Shri Krishna Kashyap Kurud 2742 10.00 26.09.2023
2. Shri Rohit Singhania Mohmel 1083 4.95 04.10.2023 (A)
3. Shri Saroj Netaam Mohmel 1083 4.95 04.10.2023 (B)
4. Shri Rajendra Kumar Chikhli 1127 10.00 26.09.2023 Khediya (C)
5. Shri Surjeet Singh Ratakaat 887 10.00 05.10.2023 It is stated that the Environmental Clearance on the aforementioned mines is pending and therefore no mining is being carried out.
3. That the following table enumerates the details of the royalty paid to the State Government from the aforementioned mines.
4. The following table enumerates the total number of cases registered and penalties recovered :
S. Particular 2023-2024 2024-2025 (Till No 20.06.2024) Cases Amount Cases Amount Registered Recovered Registered Recovered
1. Illegal 551 INR 188 INR Transportation 1,51,88,200/- 51,44,880/-6
OA No. 142/2024(CZ) News item titled "egkunh dk lhuk phjdj jsr ekfQ;k dj jgk voS/k mR[kuu vkSj ifjogu] ogha dkjZokbZ ds uke ij iz'kklu [kkukiwfrZ esa tqVk" appearing in Lallura.com dated 11.04.2024
2. Illegal Mining 4 INR 14 INR 1,57,800/- 7,04,200/-
5. To ensure that no excavation occurs in sand mines in the district after the monsoon period starting from 10.06.2024, an intensive inspection campaign is being conducted. The mineral department has completely halted excavation activities in the approved and operational sand mines in the district. Subsequently, during surprise inspections of the sand ghats, if machines were found stationed within the river or involved in sand excavation activities, they were seized, and action was taken as detailed below:
S. Name of Inspection date Seized PS where machine no Ghat Machine is seized Description
1. Hardideeh 27.05.2024 Chain Mounted Aarang Machine
2. Ratakat 12.06.2024 Chain Mounted Tumgav Machine
3. Ratakat 12.06.2024 Chain Mounted Tumgav Machine
4. Hardideeh 18.06.2024 Chain Mounted Aarang Machine
5. Champaran 18.06.2024 Chain Mounted Gobra Machine Navapara
6. Champaran 18.06.2024 Chain Mounted Parsada Joshi (Gram Machine Panchayat Supurdagi)
7. Kumhaari 19.06.2024 Chain Mounted Aarang Machine
8. Kaagdehi 19.06.2024 Chain Mounted Aarang Machine
9. Kumhari 21.06.2024 Chain Mounted Aarang Machine 10 Champaran 26.06.2024 Chain Mounted Uparvaara Machine 11 Champaran 26.06.2024 Chain Mounted Uparvaara Machine
6. Upon finding the sand mine operators located in the district in violation of the terms of the Chhattisgarh Minor Mineral Ordinary Sand (Mining and Business) Rules, 2019, , show cause notices were issued on 26.06.2024, to the sand mine operators of the villages Kumhari, Hardidih, Kagdehi, Paragaon, Lakhna, Kurud, Chikhli (A), and Chikhli (B).
7OA No. 142/2024(CZ) News item titled "egkunh dk lhuk phjdj jsr ekfQ;k dj jgk voS/k mR[kuu vkSj ifjogu] ogha dkjZokbZ ds uke ij iz'kklu [kkukiwfrZ esa tqVk" appearing in Lallura.com dated 11.04.2024
7. The State and District Administration remains vigilant and proactive in identifying and addressing illegal mining and unauthorized transportation of minerals. Through meticulous monitoring and stringent enforcement measures, authorities ensure that offenders engaged in such illicit activities are promptly apprehended. The administration rigorously applies the relevant legal provisions to ensure that these transgressors face appropriate punitive actions, thereby upholding the integrity of the law. This steadfast commitment to enforcing legal standards not only deters future violations but also preserves the natural resources and environmental sanctity of the region."
7. The District Magistrate has further submitted the list of all mining which have been sanctioned and list of action taken against the violators. In view of the above facts the State Authorities/District Magistrate is taking proper care against the violators.
8. In view of the above facts, we direct state administration and district magistrate to regularly monitor to control the illegal mining and in-case of any violation necessary action should be initiated for prosecution and realising of environmental compensation. We further direct to ensure that there should not be any illegal mining in the area.
9. With these observation Original Application No. 142/2024 stands disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 16th July, 2024 O.A No. 142/2024(CZ) PN 8 OA No. 142/2024(CZ) News item titled "egkunh dk lhuk phjdj jsr ekfQ;k dj jgk voS/k mR[kuu vkSj ifjogu] ogha dkjZokbZ ds uke ij iz'kklu [kkukiwfrZ esa tqVk" appearing in Lallura.com dated 11.04.2024