National Green Tribunal
Niranjan Sharma vs Ministry Of Environment, Forest And ... on 9 November, 2017
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
Original Application No. 108/2015/EZ
With
M.A. No. 197/2017/EZ
NIRANJAN SHARMA & ORS
Vs
MINISTRY OF ENVIRONMENT, FOREST
& ORS.
CORAM: Hon'ble Mr. Justice S.P.Wangdi, Judicial Member
Hon'ble Prof. (Dr.) P. C. Mishra, Expert Member
PRESENT: Applicants : Mr. Debashis Sarkar, Advocate
Respondent No.1 : Mrs. S. Roy, Advocate
Respondent Nos. 2 to 5 : Mr. Rajesh Kumar Advocate
Mr. Binod Kumar Gupta, Advocate
Ms. Aishwarya Rajyashree, Advocate
Respondent No. 6 : Mr. Ashok Prasad, Advocate
Respondent Nos. 10 : Mr. Surendra Kumar, Advocate
Other respondents : None
Orders of the Tribunal
Date & Remarks
Item No. 3 This O.A. was filed primarily alleging rampant
9th November,
2017.
operation of sand mines on the river Geruwa in Godda
District of Jharkhand on the basis of licenses issued by
the authority without taking note of the cumulative
effect of such large scale mining on the river bed.
On 09.11.2015, when this case was moved, we
had taken cognizance of the case keeping in view the
seriousness of the questions raised by the Applicant
and also the directions issued by the Hon'ble Supreme
2
Court in Deepak Kumar Vs. State of Haryana & Ors.:
2012(4) SCC 629, and notices issued upon all the
Respondents. Interim order was also passed against
the State Respondents directing them to take necessary
action in accordance with law towards implementation
of the judgment so that environment degradation as
noticed by the Hon'ble Supreme Court could be
arrested. Directions were also issued to ensure that
all illegal sand mining operations were stopped and
action taken report called for.
Shorn of all other details, it may be noted that
after much goading, the State of Jharkhand finally
came up with the Jharkhand Minor Mineral Concession
(Amendment) Rules, 2014, which was further
amended by the Jharkhand Minor Mineral
Concession(Amendment) Rules, 2017 to bring the
Rules in accord with the directions issued by the
Hon'ble Supreme court in Deepak Kumar case (supra).
It is also pertinent to note that during the
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pendency of the present case, the State Respondents in
due compliance of the directions of the Tribunal, had
withdrawn mining leases and licences granted earlier
that were non-compliant of the directions of the
Hon'ble Supreme Court and, disciplinary proceedings
under Service Conduct Rules instituted against the
officers who were responsible for granting such
licences and leases.
Mr. Rajesh Kumar, Ld. Counsel for the State of
Jharkhand appearing today with Mr. Binod Kumar
Gupta, Advocate submits that the disciplinary actions
instituted against two such officers have since
culminated resulting in issuing strict warning against
one of them and proceedings under Section 42 of the
Jharkhand Pension Rules being instituted against the
other.
We are, therefore, now satisfied that nothing
further would remain in the present case to be
determined by us.
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Before parting, however, we direct the State
Government and all the authorities concerned to
ensure that the Jharkhand Minor Mineral
Concession(Amendment) Rules, 2017 is strictly
complied with and implemented to ensure sustainable
mining of minor minerals in the State.
O.A. stands disposed off with the above
observations.
No order as to costs.
.........................................
Justice S.P.Wangdi, JM 09-11-2017 ................................................... Prof. (Dr.) P. C. Mishra, EM 09-11-2017 5