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National Green Tribunal

Subhas Datta vs State Of West Bengal (Notice Through The ... on 29 January, 2026

Item No.07                                                         Court No.1

              BEFORE THE NATIONAL GREEN TRIBUNAL
                 EASTERN ZONE BENCH, KOLKATA
             (THROUGH PHYSICAL HEARING WITH HYBRID MODE)


                  Original Application No.124/2025/EZ

Subhas Datta                                                        Applicant

                                  Versus

State of West Bengal & Ors.                                     Respondents


Date of hearing: 29.01.2026

CORAM:        HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
              HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER

Applicant:     Mr. Subhas Dutta, the applicant in person (through VC).

Respondents: Mr. Sibojyoti Chakrabarti, Advocate for respondents no.1 to
             3 and 5 (through VC).
             Mr. Dipanjan Ghosh, Advocate for respondent no.4 (through
             VC).

                                 ORDER

1. The applicant-Mr. Subhas Datta, an environmental activist who has made contribution by filing various cases involving environmental issues and has earned applause and recognition for the same, has filed the present original application under the provisions of the National Green Tribunal Act, 2010 with prayer for grant of following reliefs:-

"i. Stay on illegal sand mining that is being carried out on the bank of the river Dharala, Mouza-152, Panishala-JL No.74, Mouza-141, Kamatchangrabandha, JL No.77, Plot No. LR 6201, LR 2248, LR 2288, LR 486, LR 487, LR 4792, LR 3795, LR 3797, LR 3766, LR 3796, RS6223, RS6225, RS4210, RS4186 causing bank erosion and flood which in turn is effecting the livelihood of the workers and residents living in and around the area.
ii. Direct the District Magistrate Coochbehar to initiate and complete the work of protection of the right bank of river Dharala, as was submitted on 24.07.2023 by him to the appropriate authority.
iii. Direct the Respondent authorities to initiate Criminal Proceedings against those responsible, causing loss to the State exchequer and violation of Environmental norms.
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iv. Such other and/or further order or orders be made and/or direction or directions be given as the Hon'ble Tribunal may deem fit and proper."

2. The Applicant has approached this Tribunal by filing the present original application due to bank erosion and flood in River Dharala in Coochbehar District caused by indiscriminate illegal sand mining and the applicant has submitted that river Dharala originates in Coochbehar and falls into Brahmaputra in Bangladesh. The total length of the river is 192 km out of which 122 km is situated within West Bengal with a total catchment area of 5,108 sqkm. Illegal sand mining is being carried out on the bank of the River Dharala, Mouza-152, Panishala-JL No.74, Mouza-

141, Kamatchangrabandha, JL No.77, Plot No.LR6201, LR 2248, LR 2288, LR 486, LR 487, LR 4792, LR 3795, LR 3797, LR 3766, LR 3796, RS6223, RS6225, RS4210, RS4186 causing bank erosion and threat of flood affecting the livelihood of workers and residents living in the area.

Dharala river flows adjacent to Moinak Hills Tea Estate. Illegal sand mining is causing severe bank erosion on the bank of river Dharala near the said tea garden within Changrabandha Gram Panchayat and more than 30 acres of land of the tea estate have already been lost. Local persons have confirmed damage caused by the river bank erosion of river Dharala. The area of the Mainak Hills Tea Estate has been reduced considerably from the year 2010 to 2025 due to illegal mining. Illegal sand mining is being done in a fully mechanized manner on the river bed of Dharala river within Changrabandha Gram Panchayat.

3. The applicant has further submitted that the residents of the area have also sent a representation to the District Land & Land Reforms Officer (DL & LRO) of Coochbehar in this regard. A bunch of complaint letters have also been given to the Applicant from the authority of the 2 Mainak Hills Tea Estate and sent to different Government officials of the District. The BL & LRO, Changrabandha, Coochbehar carried out a spot inspection of the site of illegal mining in Dharala river on 05.02.2025 but thereafter no action has been taken.

4. The Applicant has further submitted that the applicant made representation dated 28.06.2025 but no action has been taken by the concerned authorities.

5. Vide order dated 06.08.2025, this Tribunal constituted a Fact Finding Committee comprising of (i) District Magistrate, Cooch Behar, or his representative not below the rank of Additional District Magistrate (ADM) and (ii) Senior Scientist, West Bengal Pollution Control Board with direction to visit the site in question and thereafter, submit a Fact Finding Report on affidavit with regard to the allegations made in the original application.

6. In compliance thereof, report dated 24.11.2025 of the Fact Finding Committee has been filed by the District Magistrate, Cooch Behar vide affidavit dated 24.11.2025. The relevant part of the Fact Finding Report in the form of affidavit reads as under:-

"Fact-Finding Team Report in Compliance with the Order of the Hon'ble National Green Tribunal, Eastern Zone Bench, Kolkata, in O.A. No. 124/2025/EZ regarding alleged illegal sand mining carried out on the banks of the river Dharala, causing bank erosion, damage to Tea Garden land and threat of flood affecting the livelihood of workers and residents living in the area. In compliance with the directions issued by the Hon'ble National Green Tribunal, Eastern Zone Bench, Kolkata, in OA No 124/2025/EZ, the Fact-Finding Team, constituted for the said purpose, undertook a comprehensive revisit to the locations alleged to be affected by illegal mining along the River Dharala. The inspection was carried out in the 3 presence of the representative of Mamak Hills Tea Estate and officials from the office of the BL & LRO Mekhliganj Sl. Name of the Name & Designation of the Committee Member Organization
1. District Magistrate Sri Himadri Sarkar, Additional District Magistrate Cooch Behar (LR)&DL &LRO
2. State PCB Dr. Prasun Kumar Mondal. Asst. Environmental Engineer & In-Charge, Siligun RO During the meticulous field inspection conducted on 01/09/2025, the team undertook a multi-layered appraisal of the terrain, employing predominantly direct visual observation combined with detailed evaluation. M/s. Mainak Hills Tea Estate has its gardens adjacent to both the south & north banks of the Dharala river, located at Mouza-Haro Panishala (JL74) & Kamat Changrabandha (JL. 77) with respect to a bridge connecting the metal road running through the tea garden.
It was observed that the alterations had been made along the southern embankment of the river, specially near the newly constructed bridge. At present, the river flows nearer to southern bank than the northern bank at the said site. The bank protection works taken up by the tea garden was found damaged, and the adjacent garden land predominantly non-cultivated tracts devoid of tea plantation eroded in the southern side of the river This has been occurring continuously for more than 15 years. The northern segment of the inspected stretch displayed minor scouring at 2-3 locations. During inspection, several activities were observed along the northern side of the river. These include manual sand mining by some unidentified people and some vehicle movement temporary sloped pathways from the river bank to river bed at different points of the river bank were also seen. A huge stock of sand was also observed near the Dharala river bridge on the Cooch Behar-Changrabandha state highway, about 1 km from the site involved.
(Photographs taken during inspection is enclosed along with this Inspection Report) In light of all the above findings, the bank erosion along the River Dharala by the side of Mainak Tea Estate can be attributed to natural manifestation of long-standing river flow dynamics mostly. However, the role of illegal sand mining activities on riverbed cannot be ruled out completely.
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It is submitted that a sanctioned mining lease does exist since last year in the adjacent Mouza-Andaran Panishala (JL. 75), in Plot No. 367, covering an area of 1 16 acres in favour of one Afijul Md S/o- Osman Ali of Kamat Changrabandha Mekhliganj. However, this leased site is located nearly 1 km away from the area under present inspection.
Continuous and coordinated surveillance is being maintained jointly by the office of the BL. & LRO, Mekhliganj and the local Police authorities to detect and deter any unlawful mining activities along the river. The case initiated by Mekhliganj PS. vide Case No 43/2025 dated 14/02/2025, also forms part of this ongoing monitoring mechanism."

7. The relevant part of the affidavit dated 24.11.2025 filed by District Magistrate, Cooch Behar reads as under:-

"FACT FINDING REPORT IN THE FORM OF AFFIDAVIT ON BEHALF OF RESPONDENT NUMBER 05, THE DISTRICT MAGISTRATE, CO0CH BEHAR X X X X
5. That accordingly the Committee constituted by the Hon'ble Tribunal had visited the site in question and made the following observations:
(a) In compliance with the directions issued by the Hon'ble National Green Tribunal, Eastern Zone Bench, Kolkata, in O.A. No. 124/2025/EZ, the Fact-Finding Team, constituted for the said purpose, undertook a comprehensive revisit to the locations alleged to be affected by illegal mining along the River Dharala. The inspection was carried out in the presence of the representative of Mainak Hills Tea Estate and officials from the office of the BL & LRO, Mekhliganj.
         Sl.   Name        of       Name & Designation of the
               Organization         committee members
         1     District             Sri Himadri Sarkar, Additional
               Magistrate,          District Magistrate (L.R.) & D.L. &
               Cooch Behar          L.R.O.
         2     State PCB            Dr. Prasun Kumar Mondal, Asst.
                                    Environmental Engineer & In-
                                    charge, Siliguri RO

(b) During the meticulous field inspection conducted on 01/09/2025, the team undertook a multi-layered appraisal of the terrain, employing predominantly direct visual observation combined with detailed evaluation. M/s.

Mainak Hills Tea Estate has its gardens adjacent to both the south & north banks of the Dharala river, located at Mouza-Baro Panishala (JL.74) & Kamat Changrabandha 5 (JL.77) with respect to a bridge connecting the metal road running through the tea garden.

(c) It was observed that the alterations had been made along the southern embankment of the river, specially near the newly constructed bridge. At present, the river flows nearer to southern bank than the northern bank at the said site. The bank protection works taken up by the tea garden was found damaged, and the adjacent garden land predominantly non-cultivated tracts devoid of tea plantation eroded in the southern side of the river. This has been occurring continuously for more than 15 years.

(d) The northern segment of the inspected stretch displayed minor scouring at 2-3 locations. During inspection, several activities were observed along the northern side of the river. These include manual sand mining by some unidentified people and some vehicle movement. Temporary sloped pathways from the river bank to river bed at different points of the river bank were also seen. A huge stock of sand was also observed near the Dharala river bridge on the Cooch Behar- Changrabandha state highway, about 1 km from the site involved.

(Photographs taken during inspection are enclosed in Annexure-I).

(e) In light of all the above findings, the bank erosion along the River Dharala by the side of Mainak Tea Estate can be attributed to natural manifestation of long-standing river flow dynamics mostly. However, the role of illegal sand mining activities on riverbed cannot be ruled out completely.

(f) It is submitted that a sanctioned mining lease does exist since last year in the adjacent Mouza- Andaran Panishala (JL. 75), in Plot No. 367, covering an area of 1.16 acres in favour of one Afijul Md. S/o- Osman Ali of Kamat Changrabandha, Mekhliganj. However, this leased site is located nearly 1 km away from the area under present inspection.

(g) Continuous and coordinated surveillance is being maintained jointly by the office of the BL & LRO, Mekhliganj and the local Police authorities to detect and deter any unlawful mining activities along the river. The case initiated by Mekhliganj P.S., vide Case No. 43/2025 dtd. 14/02/2025, also forms part of this ongoing monitoring mechanism.

Photocopy of the Inspection Report is annexed herewith and marked with the letter 'B'.

X X X X"

8. Affidavit dated 21.11.2025 has also been filed by respondent no. 3- Principal Secretary, Department of Irrigation and Waterways. The relevant part of the Affidavit reads as under:-

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"AFFIDAVIT-IN-OPPOSITION ON BEHALF OF RESPONDENT NUMBER 03, THE PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION AND WATERWAYS X X X X
3. That with regard to the statements made in paragraphs 1 to 6, 7, of the original application, this deponent does not comment on the same as being matters of fact and record.
4. That with regard to the statements made in paragraph 6A, 8, of the original application it is stated that the same may be stated by the Committee constituted by the Hon'ble Tribunal.
5. That with regard to the statements made in paragraph 9, 10, 11, of the original application it is stated this deponent does not comment on the same as being matters of record and fact.
6. That with regard to the statements made in paragraph 12, of the original application it is stated that the site in question has been directed to be inspected by the Committee constituted by the Hon'ble Tribunal and the report of the Committee will give the current status.
7. That with regard to the statements made in paragraphs 13 to 16, of the original application it is stated that the same are denied and disputed and as such no illegal mining activities has been noticed.
8. That with regard to the statements made in paragraph 17 & 18, of the original application it is stated this deponent does not comment on the same.

9. That with regard to the statements made in paragraph 19 & 20, of the original application it is stated that this deponent does not comment on the same being matters of record.

10. That with regard to the statements made in paragraph 21, & 24, of the original application it is stated that it is concerned with the working of the District Administration and this deponent does not comment on the same.

11. That with regard to the statements made in paragraph 22 & 23, of the original application it is stated that the Joint secretary (Works) of the Irrigation and Waterways department, Government of West Bengal vide letter dated 24.07.2025 requested the Chief Engineer (North-East) to look into the matter regarding the letter written by the applicant regarding illegal sand mining affecting Dharala river and adjacent Mainak Hills Tea Estate in Cooch Behar district.

Photocopy of the letter dated 24.07.2025 written by the Joint secretary (Works) of the Irrigation and Waterways department, Government of West Bengal to the Chief Engineer (North-East), Irrigation and Waterways department is annexed herewith and marked with the letter 'A'.

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12. That subsequently the Sub Divisional Officer, Maynaguri Irrigation Sub Division, Debinagar, Maynaguri had vide letter dated 25.08.2025 to the Executive Engineer, Jalpaiguri Irrigation Division, Club Road, Jalpaiguri that the spot has been visited on 22.08.2025 and during visit no mining activity was noticed from the bed of river Dharala near upstream and down stream of Bir Chila Roy Setu, however during night the illegal mining activities along the left bank of the river and the same has been informed to B. L. & L.R.O Mekhliganj, Charangrabandha and also to the police administration. Photocopy of the letter dated 25.08.2025 written by the Sub Divisional Officer, Maynaguri Irrigation Sub Division, Debinagar, Maynaguri had vide letter dated 25.08.2025 to the Executive Engineer, Jalpaiguri Irrigation Division, Club Road, Jalpaiguri is annexed herewith and marked with the letter 'B'.

13. That with regard to the statements made in paragraph 25 & 26, of the original application it is stated this deponent does not comment on the same.

14. That with regard to the statements made in grounds of the original application it is stated that the same are not at all good grounds and this instant application is not maintainable.

15. That this deponent craves leave to file supplementary affidavit as may be directed by the Hon'ble Tribunal.

16. That it is respectfully prayed before the Hon'ble Tribunal may be pleased to pass such further Order/Orders as is deemed fit for the ends of justice.

17. That the statements made in paragraph 1 is true to my knowledge and paragraphs 2 to 14, are based on information derived from the record and which I believe to be true and rest thereof are my humble submission before this Hon'ble Tribunal."

9. No response has been filed by other respondents. Mr. Sibojyoti Chakrabarti, Learned Counsel for respondents no. 1 and 2 submitted that respondents no. 1 and 2 adopt the affidavit filed by respondent no.5 and respondents no. 1 and 2 do not want to file any separate affidavit.

10. We have heard arguments made by the applicant and Learned Counsels for the respondents and have gone through the material on record carefully.

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11. In their submissions, the applicant and learned Counsels for respondents have reiterated that factual and legal submissions made in their respective pleadings/report of Fact Finding Committee.

12. Section 23C of the Mines and Minerals Development and Regulation Act, 1957 empowers the State Government to make rules for preventing illegal mining, transportation and storage of minerals and in exercise thereof the Government of West Bengal has framed the West Bengal Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2002/ the West Bengal Sand (Mining, Transportation, Storage and Sale) Rules, 2021.

13. Due to large number of cases of illegal mining in the country and also loss of lives of some officers in the course of discharge of their duties for curbing illegal mining, MOEF & CC issued "Sustainable Sand Mining Management Guidelines, 2016" which provided for Monitoring System for Sustainable Sand Mining (at pages 64 to 66 thereof) and laid down detailed procedure for monitoring of sand mining or river bed mining. In consideration of various orders/directions issued by this Tribunal in matters pertaining to illegal sand mining and also based on the reports submitted by Expert Committees and Investigation Teams, MoEF & CC issued "Enforcement & Monitoring Guidelines for Sand Mining, 2020"

supplemental to the existing Sustainable Sand Mining Management Guidelines, 2016. Enforcement & Monitoring Guidelines for Sand Mining, 2020 provide (at pages 48 to 63 thereof) for Monitoring Mechanism and made detailed provisions regarding illegal mining including action to be taken to achieve deterrence against illegal mining.

14. In O.A. no. 360/2015 titled National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) this Tribunal referred 9 to some of the significant orders passed from time to time regarding illegal mining in tabular format as under:-

        Sl            Party Name                 Date of             Particulars
       No.                                       orders
      1      OA No. 173/2018 Sudarsan          04.09.2018   Inter alia directing revision
             Das v. State of West Bengal &                  of monitoring mechanism
             Ors.                                           by the MoEF&CC.

      2      OA No. 44/2016 Mushtakeem         05.09.2018
             v. MoEF&CC & Ors.

      3      OA No. 186 of 2016 Satendra       13.09.2018   Inter alia disapproving
             Pandey Vs. Ministry of                         dispensing with
             Environment, Forest & Climate                  requirement of public
             Change & Anr                                   hearing and requiring
                                                            evaluation by DEIAA.

      4      ΟΑ 606/2018, Compliance of        16.01.2019   Requiring the Chief
             Municipal Solid Waste                          Secretaries to monitor the
             Management Rules, 2016                         subject of unregulated and
                                                            unscientific sand mining

      5      Ο.Α. No. 360/2015, National    05.04.2019
             Green Tribunal Bar Association                 Inter alia consideration of
             V. Virender Singh (State of                    scale of compensation and
             Gujarat)                                       revised monitoring
                                                            mechanism

      6      OA No. 44/2016 Mushtakeem         19.02.2020   Inter alia modifying the
             v. MoEF&CC & Ors.                              mechanism for release of
                                                            vehicles

      7      OA No. 360/2015 National       17.08.2020      Inter alia considering the
             Green Tribunal Bar Association                 scale of compensation
             V. Virender Singh (State of                    proposed by the CPCB
             Gujarat)

      8      O.A. No. 40/2020, Pawan           14.10.2020   Inter alia engagement of
             Kumar v. State of Bihar & Ors.                 experts from NABT/QCCI
                                                            for preparation of DSR/
      9      O.A. No. 726 of 2018 Rupesh       04.11.2020   replenishment study
             Pethe v. State of M.P. & Ors.,




15. In O.A. no. 360/2015 titled National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) vide order dated 26.02.2021 this Tribunal laid down scale of amount to be recovered for release of seized vehicles and scale of environmental compensation for 10 illegal mining on polluter pays principle and issued the following directions:-

" Enforcement of Monitoring Mechanism and review by the Chief Secretary at State level and Secretary MoEF&CC at National level

27. We direct all the States/UTs to strictly follow the SSMG-2016 read with EMGSM-2020 reinforced by mechanism for preparation of DSRs (in terms of directions of this Tribunal dated 14.10.2020 in Pawan Kumar, supra and 04.11.2020 in Rupesh Pethe, supra), Environment Management Plans, replenishment studies, mine closure plans, grant of EC (in terms of direction dated 13.09.2018 in Satendra Pandey, supra), assessment and recovery of compensation (as per discussion in Para 25), seizure and release of vehicles involved in illegal mining (in terms of order dated 19.02.2020 in Mushtakeem, supra), other safeguards against violations, grievance redressal, accountability of the designated officers and periodical review at higher levels. As already noted, EMGSM-2020 contemplates extensive use of digital technology, including remote sensing.

28. We further direct that periodic inspection be conducted by a five-members Committee, headed and coordinated by the SEIAA and comprising CPCB (wherever it has regional office), State PCB and two expert members of SEAC dealing with the subject. Where CPCB regional office is not available, if MoEF&CC regional office is available, its Regional Officer will be included in the Committee. Where neither CPCB nor MoEF&CC regional office exists, Chairman, SEIAA will tie up with the nearest institution of repute such as IIT to nominate an expert for being included in the Committee. Such inspection must be conducted at least thrice for each lease i.e. after expiry of 25% the lease period, then after 50% of the period and finally six months before expiry of the lease period for midway correction and assessment of damage, if any. The reports of such inspections be acted upon and placed on O.A.No.160/2022 Ompal & Ors v. State of UP & Ors. website of the SEIAA. Every lessee, undertaking mining, must have an environment professional to facilitate sustainable mining in terms of the mining plan and environmental 11 norms. This be overseen by the SEIAA.

Environment Departments may also develop an appropriate mobile App for receiving and redressing the grievances against the sand mining, including connivance of the authorities and also a mechanism to fix accountability of the concerned officers. Recommendations of the Oversight Committee for the State of UP quoted earlier may be duly taken into account.

The mechanism must provide for review at the level of the Chief Secretary at least once in every quarter, in a meeting with all concerned Departments in the State. The Chief Secretary UP may ensure further action in the light of the report of the Oversight Committee.

Similarly, at National level, such review needs to be conducted atleast once in a year by the Secretary, Environment in coordination with the Secretaries Mining and Jalshakti Ministries the CPCB.

Publication of Annual Reports

29. We further direct all the States/UTs to publish their annual reports on the subject and such annual reports may be furnished to MoEF&CC by 30th April every year giving status till 31st March. First such report as on 31.03.2022 may be filed with the MoEF&CC by all he States/UTs on or before 30.04.2022. The report may also be simultaneously posted on the website of the Environment Department of the States/UTs. Based on such reports, MoEF&CC may consider supplementing its Guidelines from time to time. The MoEF&CC may prepare a consolidated report considering the reports from the States/UTs and publish its own report on the subject, preferably by 31st May every year.

Interaction at National Level

30. We direct the Secretary MoEF to convene a meeting in coordination with the CPCB and Mining and Jalshakti Ministries of Central Government and such other experts/individuals at National level and representatives of States within three months for interaction on the subject which may be followed by such meetings being convened by the Chief Secretaries in all States in next three months. Holding of such meetings will provide clarity on enforcement strategies and help protection of environment."

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16. In State of NCT of Delhi vs. Sanjay, (2014) 9 SCC 772 Hon'ble Supreme Court held that dishonestly removing sand and gravel, which is the property of the State, from the river beds without consent constitutes a distinct offence under Section 378 of the IPC and on receipt of the police report, the Magistrate having jurisdiction can take cognizance of the said offence without awaiting the receipt of complaint that may be filed by the authorised officer for taking cognizance in respect of violation of various provisions of the Mines and Minerals (Development and Regulation) Act, 1957.

17. The jurisdiction of this Tribunal to deal with such matters came to be considered by Hon'ble Supreme Court in various cases including MC Mehta vs. Union of India (2004) 12 SCC 118 , Mantri Tech zone Pvt.

Ltd. vs. Forward foundation & others (2019) 18 SCC 494 and Civil Appeal no. 6932 of 2015 titled the Director-General Road Development National High ways Authority of India vs. Aam Aaadmi Lokmanch & others decided on 14.07.2020. Hon'ble Supreme Court held that wherever environment and ecology are being compromised and jeopardized, this Tribunal can apply Section 20 of the National Green Tribunal Act, 2010 for taking restorative measures in the interest of environment.

18. In Goa Foundation vs. Union of India & Ors (2014) 6SCC 590 it was observed that mining was required to be regulated not only by the Mining department but also by the PCBs under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and by the MoEF under the Environment (Protection) Act, 1986.

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19. It is evident from above discussion that monitoring mechanism and remedial measures have already been provided to prevent and control illegal mining but it appears that the monitoring mechanism has not been completely set up and remedial measures are not fully implemented in the State of West Bengal resulting in illegal mining as well as illegal transportation.

20. In the facts and circumstances of the case the respondent no. 1- State of West Bengal through the Chief Secretary and respondent no. 4- Member Secretary, West Bengal State Pollution Control Board are directed to look into/verify implementation of the Monitoring System/Mechanism under the Sustainable Sand Mining Management Guidelines, 2016 (at pages no. 64 to 66 thereof) and the Enforcement & Monitoring Guidelines for Sand Mining, 2020 (pages 48 to 63 thereof) and implementation of the directions given by Hon'ble Supreme Court and also by this Tribunal particularly the directions given by this Tribunal in O.A. no. 360/2015 titled National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) vide order dated 26.02.2021 and ensure (i) implementation of appropriate measures for monitoring of transportation of mineral from mining area to end-user, such as essential security features, check posts, CCTV camera, GPS tracking etc., and for regular surveillance of the sand mining reaches and constitution of district level task force for this purpose, as outlined in Chapter 7 and 9 respectively, of the Enforcement and Monitoring Guidelines for Sand Mining 2020 and (ii) appropriate mechanism for taking strict punitive action against the persons and vehicles involved in illegal mining in the area under the Mines and Minerals (Development and Regulation) Act, 1957 and directions issued by this Tribunal vide order dated 26.02.2021 in O.A. no. 360/2015 titled National Green Tribunal Bar Association 14 Vs. Virender Singh (State of Gujarat) in terms of penalty and environmental compensation.

21. The present Original Application is disposed of accordingly with directions as mentioned above.

Arun Kumar Tyagi, JM Ishwar Singh, EM January 29th, 2026 Original Application No.124/2025/EZ R 15