National Green Tribunal
News Item Titled "Illegal Miners ... vs . Ankita Sinha & Ors." Reported In 2021 on 27 September, 2024
Item No. 01 Court No. 3
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 1193/2024
News Item titled "Illegal miners attempt to run over trainee IAS officer at
U.P.-Uttarakhand border" appearing in the Hindustan Times dated
26.09.2024
Date of hearing: 27.09.2024
CORAM: 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 "Illegal miners attempt to run over trainee IAS officer at U.P.-Uttarakhand border" appearing in the Hindustan Times dated 26.09.2024.
2. The matter relates to a recent incident at the U.P.-Uttarakhand border, where a group of illegal sand miners attempted to run over a trainee IAS officer, who was posted as the Joint Magistrate in Sadar Tehsil, Moradabad. As per the article, the officer was part of an anti- encroachment operation and was overseeing efforts to curb illegal mining activities in the region. During the operation, a group of miners allegedly drove their vehicle aggressively towards the officer, posing a direct threat to his safety.
3. The article highlights that the miners allegedly tried to run over the officer and his Team by using a tractor. They also attacked the Team with sugarcane pulled from a nearby field before fleeing the scene. The Police Team accompanying the Administrative Officer managed to seize two tractor-trolleys and heavy earthmovers from the spot. 1
4. The article asserts that illegal sand mining has been a persistent issue in the Thakurdwara region for many years, often leading to clashes between Administrative Authorities and illegal miners. The miners frequently escape across the border into Uttarakhand Territory when confronted by law enforcement. This incident highlights the ongoing challenges faced by Authorities in curbing illegal mining activities and ensuring the safety of Officials involved in such operations.
5. The above news item indicates violation of the Sustainable Sand Mining Guidelines, 2016 and the provisions of The Environment (Protection) Act, 1986.
6. The news item raises substantial questions relating to compliance of the environmental norms and implementation of the provisions of enactments mentioned in schedule I of the National Green Tribunal Act, 2010.
7. The 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.
8. Hence, we implead following as respondents in this matter:
(i) Member Secretary, Uttar Pradesh Pollution Control Board (UPPCB), Building No. TC-12 V, Vibhuti Khand, Gomti Nagar, Lucknow-226010
(ii) Member Secretary, Uttarakhand Pollution Control Board (UKSPCB), Gaura Devi Paryavaran Bhawan, 46 B IT Park Sahastradhara Road, Dehradun, Uttarakhand
(iii) Member Secretary, Central Pollution Control Board (CPCB), Parivesh Bhawan, East Arjun Nagar, Delhi-110032 2
(iv) Ministry of Environment, Forest and Climate Change (Regional Office), Integrated Regional Office, Kendriya Bhawan, 5th Floor, Sector "H", Aliganj, Lucknow - 226020
(v) District Magistrate (DM) Moradabad, District Magistrate Office, Collectorate, Moradabad-244001, Uttar Pradesh
(vi) District Magistrate (DM) Udham Singh Nagar, Collectorate Compound, Rudrapur Udham Singh Nagar, Uttarakhand
9. Issue notices to the above respondents for filing their response/reply by way of affidavit at least one week before the next date of hearing through e-filing. If any respondent directly files the reply without routing it through his advocate then the said respondent will remain virtually present to assist the Tribunal.
10. List on 22.01.2025 for the further consideration.
Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM September 27th, 2024 Original Application No. 1193/2024 AS 3