National Green Tribunal
News Item Titled "Sand Mafia Builds ... vs . Ankita Sinha & Ors." Reported In 2021 on 1 February, 2024
Item No.02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 89/2024
News item titled "Sand mafia builds, roads, to riverbed officials,
unearth, it" appearing in the Times of India dated 03.01.2024
Date of hearing: 01.02.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
P
ORDER
1. This Original Application is registered suo-moto on the basis of the news item titled "Sand mafia builds, roads, to riverbed officials, unearth, it" appearing in Times of India dated 03.01.2024. As per the news item, the Revenue Department had found a temporary road allegedly constructed by sand mafia in Bhamragarh Taluka of Gadchiroli. The said makeshift motorway connects the main road to the riverbed. It was apprehended that the temporary road was constructed for illegal excavation of the sand as the local residents had confirmed that there was no auction of sand ghats at the river. It was also expressed that the excavation was done by the sand mafias after constructing unauthorized roads. The news item also mentions that the sand mafia of the Bhamragarh Taluka is rampantly exploiting the beds of three major rivers i.e. Parlakota, Pamulgautam and Indravati which forms a confluence at that spot.
2. The news item raises substantial issue relating to compliance of environmental norms.
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3. Power of the Tribunal to take up the matter in suo-motu has been recognized by the Hon'ble Supreme Court in the matter of "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors." reported in 2021 SCC Online SC 897.
4. Hence, we implead the following as respondents in the matter:-
i. Maharashtra Pollution Control Board through the Member Secretary ii. Principal Chief Conservator of Forest (HoFF), Maharashtra iii. Water Resources Department, Government of Maharashtra through the Principal Secretary iv. Collector and District Magistrate, Gadchiroli
5. Let Notice be issued to the above respondents for filing their response before the appropriate bench of the Tribunal.
6. Since, the matter relates to the Western Zone Bench, Pune, therefore, the OA is transferred to the Western Zone Bench for further appropriate action. Office is directed to transfer the record of the OA to the Western Zone Bench.
7. List before Western Zone Bench, Pune on 13.03.2024.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM February 01, 2024 Original Application No. 89/2024 SN.
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