National Green Tribunal
News Item Titled "From Ropar To ... vs . Ankita Sinha & Ors." Reported In 2021 on 20 May, 2024
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 553/2024
News item titled "From Ropar to Hoshiarpur via HP: 30-km detour as
illegal mining damages bridge" appearing in The Indian Express dated
10.04.2024.
Date of hearing: 20.05.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. This Original Application is registered suo-motu on the basis of the news item titled "From Ropar to Hoshiarpur via HP: 30-km detour as illegal mining damages bridge" appearing in The Indian Express dated 10.04.2024.
2. The matter relates to the closure of a bridge on the Swan river, connecting Nangal with Garhshankar due to indiscriminate sand mining causing residents of atleast 200 villages in Ropar, district Rupnagar (Punjab) to take a detour of 30 km. The article alleges that it has been three months since the bridge was closed, leaving no choice with people living in these villages and Nangal town in Ropar but to cross over to Himachal Pradesh and pay an entry fee, while travelling an extra 30 km, to reach Garhshankar in Hoshiarpur district.
3. The article further alleges that upon a visit to the span of Swan, a tributary of the Sutlej, it was found that the traffic has found a way to bypass the bridge by driving through the river bed. It also claims that the 1 authorities were informed several times about the mining taking place in the area, that is way above the permissible limit and can threaten the pillars of bridge and that craters more than 30 meters deep were formed on the river bank. However no action was taken. According to the article, the foundation of the bridge was also exposed due to mining and subsequent corrosion of the bank. Finally, the foundation suffered damage towards the Garshankar site.
4. According to the article, illegal mining was going on in some villages at odd hours, with the list of villages in Gurdaspur, Pathankot, Jalandhar, Taran Taran, and Hoshiapur districts. The article alleges that as per the residents floodwater enters their villages as the river embankments have weakened due to mining. The groundwater level has gone down from 20 feet to 100 feet. Water seepage is damaging their properties. Besides, houses sink in now and then. It further claims that the physical effects are to be seen by everyone, but psychological effects are not visible. The very sight of huge machines quarrying sand and strange people involved in the business taking sand away had its own psychological effects.
5. The above news item indicates violation of the Sand Mining Guidelines, 2016 and the provisions of Environment Protection Act, 1986.
6. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
7. Power of the Tribunal to take up the matter 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.
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8. Hence, we implead following as respondents in this matter:
(i) Punjab Pollution Control Board, through its Member Secretary, Head office, Vatavaran Bhawan, Nabha Road, Patiala, Punjab - 147 001
(ii) Central Pollution Control Board (CPCB), through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi-110032
(iii) Ministry of Environment, Forest and Climate Change, Regional office (NZ), Bays No. 24-25, Sector 31 A, Dakshin Marg, Chandigarh, Punjab - 160 030
(iv) Deputy Commissioner/District Magistrate, Rupnagar, Commissioner Rupnagar Division, Mini Secretariat Rupnagar, Punjab - 140 001
9. Let notice be issued to the above Respondents for filing their response atleast one week before the next date of hearing.
10. Respondent No. 2, Member Secretary, CPCB is directed to get the spot inspection done and ascertain the extent of illegal mining in the area concerned and submit the report before the Tribunal atleast one week before the next date of hearing by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
11. List on 28.08.2024.
Prakash Shrivastava, CP Arun Kumar Tyagi, JM 3 Dr. A. Senthil Vel, EM May 20, 2024 Original Application No. 553/2024 AS.
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