National Green Tribunal
Vijay Singh Rajput vs Madhya Pradesh Pollution Control Board on 30 June, 2020
Item No. 05(Through VC-Bhopal)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 75/2019(CZ)
(I.A. No. 114/2019)
Vijay Singh Rajput Applicant(s)
Versus
State of M.P.& Ors. Respondent(s)
Date of hearing: 30.06.2020
CORAM:
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGINA NANDA,EXPERT MEMBER
For Applicant(s) Mr.Brajesh Pandey, Advocate
For Respondent(s) Mr. Sachin K. Verma, Advocate
and Ms. Nimisha, Advocate
Mr. Enosh George, Advocate
ORDER
1. The matter of illegal mining was raised before this Tribunal and a report was called for from District Mining Officer. The report was submitted with an affidavit by one Shri Ram Kishan Kaithal, District Mining Officer and the Tribunal vide order dated 24.06.2020 discussed the matter as follows"
"A perusal of the report reveals as under:-
"2. The Hon'ble Tribunal order dated 07/01/2020 directed the District Collector to file a report in respect of the mining area in question. In pursuance to the directions passed by the Hon'ble Tribunal the District Collector District Sagar (M.P.) instructed the District Mining branch to demarcate the mining area and also to submit an inspection report of the mining area in question, the Mining Inspector District Mining Branch Sagar along with Revenue Inspector Shahgarh, Halka Patwari, of Villagbe Ujnethi, Police 1 of police Station Veneka and Village Kotwar inspected the mining site of Project Proponent Durgesh Singh Lodhi and further also demarcated the mining area bearing Khasra no. 182, 183,184, 191,194 & 201 admeasuring an area of 1.18 ha and found that the project proponent has carried out illegal mining outside the sanctioned area upon khasra number 182 & 183 and according to the pit size illegally excavated black flagstone the penalty amount was quantified by the District Mining Branch Sagar, the joint inspection team of Revenue and Mining Department prepared panchnama, and registered a case U/s 247(7) of MPLRC for illegal excavation and further have proposed a penalty of Rs. 6,75,00,000/-(In words, Rupees Six Crores Seventy Five Lakhs Only) the case is still pending for adjudication before the SDO(R) Circle Banda, District Sagar (M.P.)"
A show cause notice was then issued to project proponent (illegal miner) on 24.02.2020 under Rule 30(19) of the M.P. Minor Mineral Rules, 1996. Subsequently, the District Collector (Mines), District Sagar had cancelled the lease vide order dated 16.03.2002.
Similarly, in respect of khasra no. 291 and 292 steps were taken with regard to inspection etc., and show notice was given on 24.02.2020.
In view of the unsatisfactory reply dated 13.03.2020 filed by the miner, the lease was cancelled vide order dated 16.03.2020 under Sub Rule 26 of Rule 30 of the M.P. Minor Mineral Rules, 1996.
It has also been proposed in the aforesaid compliance report that because of illegal excavation a penalty of Rs. 6,75,00,000/- be imposed on the miner and the same is pending adjudication before SDO(R), Circle Banda, District Sagar.
The Mining Officer present before us today namely Ram Kishan Kaithal was unable to give the details of the said proceedings, status and the next date of hearing.
It is a matter of surprise that despite of the proceedings having taken place under the relevant law and aforesaid penalty was proposed but no serious steps 2 had been taken on behalf of Mining Department, in the adjudication proceedings before SDO(R) Circle Banda."
2. The Tribunal directed the Collector as follows:
"Therefore, we direct Collector, District Sagar to remain present, through video conferencing, on the next date of hearing with full details and also the reason as to why the proceedings before the SDO have not properly taken up by the Department since February/March, 2020."
3. The report as directed has not been submitted due to lockdown. The State PCB and Collector, District Sagar is directed to submit a factual and action taken report within four weeks.
4. The Committee is directed to submit a report on email of NGT at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
List on 10.08.2020.
Justice Sheo Kumar Singh, JM Dr. Nagin Nanda, EM SN Original Application No. 75/2019(CZ) 3