National Green Tribunal
Gram Panchayat Of Village Nilaj Budruk ... vs The District Collector on 17 July, 2018
BEFORE THE NATIONAL GREEN TRIBUNAL, WESTERN ZONE
BENCH, PUNE
Execution Application No.10/2017(WZ)
In
Original Application No. 172/2016(WZ)
And
Original Application No. 172/2016(WZ)
In the matter of:-
Gram-Panchayat of Village Nilaj (Bk)Through its NilajSarpach V/s District
Collector Bhandara&Ors.
And
Gram-Panchayat of Village Nilaj (Bk)Through its NilajSarpach V/s District
Collector Bhandara&Ors.
CORAM: HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Present: Applicant : Mr.AsimSarode, Adv.
Respondent Nos.1, 2 : Mr.Nitin P. Deshpande, Adv.
Date and
Orders of the Tribunal
Remarks
Item Nos.2,3 The primary contention raised in this Execution Application
17th July, 2018
is the non-compliance of the order of the Tribunal dated 22nd
December, 2016 passed in O.A. No.172/2016 pertaining to
formation of cluster said to be incontravention of the mandatory
rules by the respondent Collector and the Mining Officer,
invitingtender for sand mining at Village Nilaj (Budruk) Nilaj
(Khurd) and Mundhri (Khurd) TalukaMohadi, District Bhandara.
Today, it is stated on behalf of the respondents that Mining
Policy has been published by the MoEF vide Notification dated
15th January, 2016, pursuant to which Sand Mining Policy has
been framed by the Government of Maharashtra, and published
vide Notification dated 3rd January, 2018, which has been filed
with the affidavit dated 31st January, 2018.
Mr.AsimSarode, the learned Counsel for the
applicant,concedes that nothing further would remain to be
Page 1 of 2
Item Nos.2,3 determined in this case in view of the Notification particularly, with
17th July, 2018
regard to cluster mining. He further states that the residual
question that would remain to be decided is on the quantum of
the penalty to be imposed for having carried out illegal mining
until the date of publication of the Notification.
As this requires further consideration, the matter stands
adjourned to 27th August, 2018 for deliberations on the limited
question indicated above.
Parties are at liberty to file additional affidavits in respect of
this question, if so advised.
To 27th August, 2018.
.............................................
Justice S.P. Wangdi, JM mk 17.07.2018 .............................................. Dr. Nagin Nanda, EM 17.07.2018 Page 2 of 2