National Green Tribunal
News Item Titled Sand Mafia Runs Mining ... vs Chattisgarh Environment Conservation ... on 12 July, 2024
Item No. 04
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 136/2024(CZ)
(O.A.No.508/2024 - PB)
News item titled ^^xfj;kcan & egjkeqan ds ?kkVksa esa jsr ekfQ;k cS[kkSQ] iz'kklu dh अनदे खी
appearing in Janta Se Rishta dated 04.03.2024
Suo Moto...
Date of Hearing: 12.07.2024
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.
Ms. Deeksha Prakash, Adv.
Mr. Abhinay Sharma, Adv.
ORDER
1. This Original Application is registered suo-motu on the basis of the news item titled "गररयाबंद- egjkeqan के ?kkVksa में रे त माफिया cS[kkSQ, 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, 1 OA No. 136/2024(CZ) News item titled ^^xfj;kcan & egjkeqan ds ?kkVksa esa jsr ekfQ;k cS[kkSQ] iz'kklu dh अनदे खी appearing in Janta Se Rishta dated 04.03.2024 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.
4. The matter was taken up by this Tribunal on 09.05.2024 and notices were issued to the respondent to submit the reply in addition to comply the Sustainable Sand Mining Management Guidelines, 2016 & provisions of the Enforcement and Monitoring Guidelines for Sand Mining, 2020.
5. In compliance thereof, the CPCB has filed the reply and learned counsel for the CPCB has submitted that in view of the O.A. No. 173/2018 in the matter of Sudarsan Das Vs. State of West Bengal & Ors., MoEF&CC a new guidelines has been formulated and the State Government has been directed to proceed in accordance with law.
6. Chhattisgarh Environmental Conservation Board has filed the reply with the fact that :-
1. That as per Chapter XI Rule 71 of the Chhattisgarh Minor Mineral Rules, 2015, the Collector/Joint Director/ Deputy Director/Mining Officer/Assistant Mining Officer/Mining Inspector or any Officer authorized by him or Zila Panchayat/Janpad Panchayat/Gram Panchayat are the appropriate authorities for taking actions like imposing penalty and seizing the minerals and its products.
The Relevant Rules are mentioned herein below for the easy reference of this Hon'ble Court:-
"71. Penalty for unauthorized extraction and transportation. -
..... (2) Whenever any person is found
extracting or transporting minerals in
2
OA No. 136/2024(CZ) News item titled ^^xfj;kcan & egjkeqan ds ?kkVksa esa jsr ekfQ;k cS[kkSQ] iz'kklu dh
अनदे खी appearing in Janta Se Rishta dated 04.03.2024 contravention of the provisions of these rules, the Collector/Joint Director/Deputy Director/Mining Officer/Assistant Mining Officer/Mining Inspector or any Officer authorised by him or Zila Panchayat/Janpad Panchayat/Gram Panchayat, may seize the minerals and its products together with all tools, equipments and vehicles used in committing such offence..."
2. That Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, (hereinafter referred to as "Act") provides for penalty for the illegal extraction of minerals. Further, Section 22 of the Act defines cognizance of offences and states that no court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon a complaint in writing made by a person authorized on this behalf by the Central Government or the State Government.
3. Further, Section 23B of the Act empowers the gazetted officers of the Central or State Government, authorized by them in this behalf to search any mineral which has so been raised by the violator in contravention of the present Act. Therefore, the aforesaid provisions shows that it is the duty of the Central Government or State Government to recover the illegal excavator of mineral, the price or royalty of the mineral so excavated by the violators without any lawful authority.
4. In view of the aforementioned facts, and pursuant to the order dated 09.05.2024 passed by the Hon'ble NGT, Delhi, the answering Respondent issued a letter dated 29.05.2024 to the Collector and District Magistrate of Gariaband and Mahasamund, Chhattisgarh. In the said letter, the answering Respondent informed the District Magistrates about the order dated 09.05.2024 passed by the Hon'ble NGT, Delhi and requested the district 3 OA No. 136/2024(CZ) News item titled ^^xfj;kcan & egjkeqan ds ?kkVksa esa jsr ekfQ;k cS[kkSQ] iz'kklu dh अनदे खी appearing in Janta Se Rishta dated 04.03.2024 administration to provide the information regarding the actions taken so that the necessary information can be provided to this Hon'ble Tribunal with regard to the said incident.
5. Thereafter, in response to the above-mentioned letter dated 29.05.2024, the Office of Collector of Mining Department, District- Mahasamund issued a letter dated 03.07.2024 to the answering Respondent, whereby, they have informed answering Respondent the following:
i. In accordance with the aforementioned letter, a lease for the extraction of minor mineral ordinary sand was granted in favor of one Shri Dilip Kumar Gupta, resident of Pandariya, District Kabirdham, for the term commencing on 27.08.2020 and concluding on 26.08.2023. This lease was awarded through an e-auction for an area measuring 4.80 hectares, identified as Khasra No.
94. The subject mine also received environmental clearance from the State Environment Impact Assessment Authority (SEIAA), Raipur, with an authorized annual production capacity of 72,000 cubic meters. The said mine was subsequently closed upon the expiration of the lease deed.
ii. Subsequent, to the closure of the mine, an inspection was undertaken by the district-level task force, which has been consistently monitoring and taking action against the illegal excavation, transportation, and storage of sand in the vicinity of the Chingrauda sand mine and Hathkhoj sand quarry. During their field visits and inspections conducted from 01.01.2024 to 30.05.2024, multiple incidents of illegal sand excavation, illegal transportation, and illegal storage were found.
iii. Thereafter, the Office of the Collector (Mineral 4 OA No. 136/2024(CZ) News item titled ^^xfj;kcan & egjkeqan ds ?kkVksa esa jsr ekfQ;k cS[kkSQ] iz'kklu dh अनदे खी appearing in Janta Se Rishta dated 04.03.2024 Branch), Mahasamund (Chhattisgarh), initiated the proceedings against the violators, punishable under Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, and Rule 71 of the Chhattisgarh Minor Mineral Rules, 2015, and thereby imposing a penalty upon violators, details of which are provided in the letter dated 03.07.2024.
6. Thereafter, on 08.07.2024, Office of Collector of Mining Department, District- Gariaband issued a response to the letter dated 29.05.2024, whereby, they informed answering Respondent the following:-
i. In accordance with the aforementioned letter, a lease for the extraction of minor mineral ordinary sand was sanctioned for an area near Mahanadi bearing Khasra No. 01, Rakwa 04.90 hectares for a period of two years from 10.06.2023 to 09.06.2024, within the Village Hathkhoj, Tehsil Rajim, District Gariaband. Additionally, an ordinary sand mining lease in Khasra No. 01 Rakwa 04.90 hectares at Hathkhoj 02 has been sanctioned for a period of two years from 06.09.2022 to 05.09.2024, within Village Hathkhoj. Both the sanctioned sand mines have received environmental clearance from SEIAA Raipur with a production capacity of 73,500 cubic meters per year each. The aforementioned two sand mines have been sanctioned in the name of Shri Bansat Thakur, resident of Kukrikona, Tehsil Kasdol, District Balodabazar.
ii. An inspection was undertaken by the district-level task force, which has been 5 OA No. 136/2024(CZ) News item titled ^^xfj;kcan & egjkeqan ds ?kkVksa esa jsr ekfQ;k cS[kkSQ] iz'kklu dh अनदे खी appearing in Janta Se Rishta dated 04.03.2024 consistently monitoring and taking action against the illegal excavation, transportation, and storage of sand. Upon inspection, illegal activities were found and as per the aforementioned letter two cases were registered for illegal mining outside the approved areas of Hathkhoj and three cases were registered for illegal transportation from Village Hathkhoj. It is pertinent to mention here that the as per the aforementioned letter the District Magistrate, initiated the proceedings against the violators, punishable under Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, and Rule 71 of the Chhattisgarh Minor Mineral Rules, 2015, and thereby imposing a penalty upon violators, details of which are provided in the letter dated 08.07.2024.
iii. It is further pertinent to mention here that as per the aforementioned letters continuous actions are being taken by the District task force with regard to illegal sand mining in their respective districts.
7. It is further pertinent to mention here that as per the aforementioned letters continuous actions are being taken by the District task force with regard to illegal sand mining in their respective districts."
7. A report from the Collector has also been filed with the chart of the amount to be recovered as the environmental compensation.
8. In view of the above facts the report we direct the CECB and the Department concerned/department of environment can proceed by imposition of environmental compensation, to calculate it, and to finalize after giving an opportunity of hearing and to utilize it for environmental purpose.
6OA No. 136/2024(CZ) News item titled ^^xfj;kcan & egjkeqan ds ?kkVksa esa jsr ekfQ;k cS[kkSQ] iz'kklu dh अनदे खी appearing in Janta Se Rishta dated 04.03.2024
9. We further direct that there must be a regular monitoring of the illegal mining within the area and incase of any violation necessary action in addition to recovery of environmental compensation must be done in accordance with rules.
10. With these observations Original Application No. 136/2024 stands disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 12th July, 2024 O.A No. 136/2024(CZ) PN 7 OA No. 136/2024(CZ) News item titled ^^xfj;kcan & egjkeqan ds ?kkVksa esa jsr ekfQ;k cS[kkSQ] iz'kklu dh अनदे खी appearing in Janta Se Rishta dated 04.03.2024