National Green Tribunal
News Item Titled The Sand Mafia Is ... vs Chattisgarh Environment Conservation ... on 12 September, 2024
Item No. 02
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.152/2024(CZ)
(O.A.No.631/2024 - PB)
News item titled "i;kZoj.k fu;eksa dk s rkd esa j[kdj /kM+Yys ls vo S/k mR[kuu dj jgs jsr ekfQ;k] jktLo dk Hkh gk s jgk
uqdlku" appearing in Lalluram.com dated 25.04.2024
....Suo Moto
Date of Hearing: 12.09.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant (s):
For Respondent(s) : Mr. Prashant M. Harne, Adv.
Mr. Gauranvit Jain, Adv.
ORDER
1. This original application is registered suo motu on the basis of the news item titled "i;kZoj.k fu;eksa dks rkd esa j[kdj /kM+Yys l s voS/k mR[kuu dj jgs j sr ekfQ;k] jktLo dk Hkh gks jgk u qdlku" appearing in Lalluram.com dated 25.04.2024.
2. The news item relates to the rampant illegal sand mining taking place in Baloda Bazar district of Chhattisgarh. As per the news item, the sand mafia in the district is illegally excavating sand from Mahanadi, bypassing the rules. It alleges that this work continues throughout the night. The news item states that this uncontrolled illegal miming is causing severe damage to the environment and loss of revenue to the State. The news item discloses that in various sand mines of the district, about 15-20 chain mountain workers are engaged day and 1 O.A. No. 152/2024(CZ News item titled i;kZoj.k fu;eksa dk s rkd esa j[kdj /kM+Yys ls vo S/k mR[kuu dj jgs jsr ekfQ;k] jktLo dk Hkh gk s jgk uqdlku appearing in Lalluram.com dated 25.04.2024 night for excavation and the authorities are aware of the situation but no action is taken.
3. The news time was taken up by this Tribunal and report was called from the Respondent and the State PCB. In compliance of the order respondent no. 3 /CPCB has filed the reply and submitted that after the implementation of Sustainable Sand Mining Management Guidelines 2016 and Sustainable Sand Mining Management Guidelines 2020 and in light of the order passed by this Tribunal in O.A. No. 360/2015 State PCB has been directed to take action against the illegal minings and violators according to rules.
4. Learned Counsel for the State PCB/CECB has submitted the reply and argued that actions are being taken against the illegal mining as follows :
"a. That in the district of Balodabazar-Bhatapara, under the Chhattisgarh Minor Mineral Ordinary Sand (Quarrying and Trade) Rules, 2019, 21 mines were duly identified, declared, and legally operated following the necessary environmental clearance from the Department of Environment through a reverse auction process. Thereafter, during the financial year 2023-24, out of 25 newly identified sand mines, 12 have been legally operated after obtaining the requisite environmental clearance. As a result, the state has received revenue of ₹ 28,12,86,240/- in the form of royalty, premium, and environmental infrastructure cess, among others.
b. That in compliance with the directives issued by the State Government, the Director of Geology and Mining, and the District Collector, for the prevention of illegal mining and transportation 2 O.A. No. 152/2024(CZ News item titled i;kZoj.k fu;eksa dk s rkd esa j[kdj /kM+Yys ls vo S/k mR[kuu dj jgs jsr ekfQ;k] jktLo dk Hkh gk s jgk uqdlku appearing in Lalluram.com dated 25.04.2024 of minerals, various joint and separate actions were taken in numerous areas of the district by the Revenue, Mining, and Police Departments, including the district mining team and the District Mineral Task Force members.
i. That in financial year 2022-23 to 2024-25 (up to 25th June 2024), 45 cases of illegal sand mining were registered, and a fine of ₹ 27,2346,430/- was recovered under Section 21 read with Section 21(5) and Section 23(A) of the Mines and Minerals (Development and Regulation) Act, 1957.
ii.Furthermore, in financial year 2022-23 to 2024-25 up to the present date, 612 cases of illegal sand transportation have been registered, and a fine of ₹ 1,33,73,360/- has been recovered under Section 21 read with Section 21(5) and Section 23(A) of the Mines and Minerals (Development and Regulation) Act, 1957. iii.Similarly, from the financial year 2022-23 to 2024- 25 (up to 25th June 2024), 10 cases of illegal sand storage have been registered, and a fine of ₹ 18,85,480/- has been recovered under Section 21 read with Section 21(5) and Section 23(A) of the Mines and Minerals (Development and Regulation) Act, 2015. iv.That, during the financial years 2022-23 to 2024- 25 (up to 25th June 2024), 433 cases of illegal mining, transportation, and storage of minerals other than sand, including minor minerals, were registered and a penalty of ₹ 1,33,87,688/- was recovered under Section 21, read with Section 21(5) and Section 23(A), of the Mines and Minerals (Development and Regulation) Act, 1957. v. That, during the financial years 2022-23 to 2024- 25 (up to 25th June 2024), in response to local reports and complaints regarding illegal sand mining, a total of 28 machines involved in sand mining were seized and a penalty of ₹ 48,07,528/- was recovered under Section 21, read with Section 21(5) and Section 23(A), of the Mines and Minerals (Development and Regulation) Act, 1957.
3 O.A. No. 152/2024(CZ News item titled i;kZoj.k fu;eksa dk s rkd esa j[kdj /kM+Yys ls vo S/k mR[kuu dj jgs jsr ekfQ;k] jktLo dk Hkh gk s jgk uqdlku appearing in Lalluram.com dated 25.04.2024
5. Submission of the Learned Counsel for the State PCB is that actions are being taken against the illegal mining operator, transporters and vehicles have been seized and a substantial amount of penalty/environment compensation have been realised by the violators. The recovery of the penalty and fine shows that the ratio of illegal mining is more than the legal mining which further shows that the proper control by the authorities have not been done and on the first hand it is the loss to the revenue of the State and on second hand loss to the environment and violation of environmental rules. Repeated guidelines have been issued for control of the illegal mining and it has been repeatedly directed that it is the sole responsibility of the District Collector and Mining Department to control the illegal mining,
6. Accordingly, we direct the Collector concerned to regularly monitor the illegal mining within the area and in case of violation of environmental rules and illegal mining proper action should be initiated and taken according to rules in addition to prosecution. With these observations, the O.A. No. 152/2024(CZ) stands disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 12th September 2024 O.A. No. 152/2024 (CZ) K 4 O.A. No. 152/2024(CZ News item titled i;kZoj.k fu;eksa dk s rkd esa j[kdj /kM+Yys ls vo S/k mR[kuu dj jgs jsr ekfQ;k] jktLo dk Hkh gk s jgk uqdlku appearing in Lalluram.com dated 25.04.2024