National Green Tribunal
In Re News Item Appearing In Hindustan ... vs Jharkhand Pollution Control Board on 15 April, 2024
Item No.04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.19/2024/EZ
(Earlier O.A. No.727/2023/PB)
IN THE MATTER OF:
In re.: News item appearing in Hindustan
Dated 25.11.2023 titled
"गौरी घाट से खुले आम बालू का अवै ध खनन,
मािफया लगा रहे करोड़ो का चूना"
...Applicant(s)
Versus
1. Deputy Commissioner,
Saraikela, Kharsawan,
2. Jharkhand State Pollution Control Board,
Through its Member Secretary,
3. Integrated Regional Office,
Ministry of Environment, Forests and Climate Change, Ranchi,
...Respondent(s)
Date of hearing: 15.04.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Suo Motu,
For Respondent(s) : Ms. Aishwarya Rajyashree, Adv. for R-1, (in Virtual Mode)
Mr. Surendra Kumar, Advocate for R-2,
ORDER
1. Suo Motu cognizance of the Original Application No.727/2023/PB was taken up by the New Delhi Bench of the Tribunal in pursuance of a newspaper report published in Daily Newspaper 'Hindustan' on 25.11.2023, alleging large scale rampant illegal mining of sand at Gauri Ghat, Adityapur, Gamharia to Chandil, P.S. Kapali, District Godda, State of Jharkhand.
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2. The Tribunal at the time of admission had constituted a Joint Committee comprising of the following Members:-
i. District Magistrate, Godda,
ii. State Pollution Control Board,
iii. Integrated Regional Office, MoEF&CC, Ranchi,
3. The Committee was directed to visit the site, collect relevant information and submit a Factual Report.
4. Thereafter the case file was transferred to the Eastern Bench of the Tribunal at Kolkata and re-numbered as Original Application No.19/2024/EZ.
5. Counter-affidavit dated 12.04.2024 has been filed by the Respondent No.1, Deputy Commissioner, Saraikela-Kharswan. Along with this affidavit an Inspection Report of an inspection carried out on 09.04.2024 has been filed as Annexure-1, which reads as under:-
"Report on large scale illegal mining of sand at Gauri Ghat, Adityapur, Gamharia to Chandil, P.S.-Kapali, District-Saraikel Kharswan, State of Jharkhand In the matter of O.A. No.19/2024/EZ pending before Hon'ble National Green Tribunal, Eastern Zone, Kolkata (Tribunal on its Own Motion Vs. State of Jharkhand & Ors.") I. Background a. This matter has been taken up by Hon'ble NGT, Principal Bench in O.A. No. 727/2023 by exercising suo-moto on the basis of news report published in Daily Newspaper 'Hindustan' on 25.11.2023 stating therein that there is large scale rampant illegal mining of sand at Gauri Ghat, Adityapur, Gamharia to Chandil, P.S. Kapali, State of Jharkhand. The article mentioned that no action has been taken by concerned authorities and heavy machines are being used for illegal mining activities. That, there is large scale illegal mining of sand which is being done from Swarnrekha River at 2 Gauri Ghat which is harming the river Local Police and administration is doing nothing about illegal mining as more than 100-500 tractors, KB & Hywa are involved in illegal mining of Sand which is being sold openly in market on double price. Due to the overspeeding Tractors and Hywa involved in illegal mining there are cases of frequent accident in the area. There was a barrier established by District administration in Sapra main road to curb illegal mining which has been removed since last one year.
In view of the above Hon'ble NGT had earlier constituted a Joint committee vide its order dated: 20.12.2023 of the following members:
I. District Magistrate, Godda II. State Pollution Control Board III. Integrated Regional Office, MoEF & CC, Ranchi Hon'ble NGT had instructed the committee to visit the site, collect relevant information and submit a factual report within two months and transferred the case to NGT Eastern Zone Bench as matter pertains to State of Jharkhand which lies under Jurisdiction of Eastern Zone.
The Case was then taken up by Hon'ble NGT Eastern Bench on 28.02.2024 as Original Application No. 19/2024/EZ and the committee was reconstituted of following members:
I. Deputy Commissioner, Saraikela-Kharsawan II. Senior Scientist, Jharkhand State Pollution Control Board III. Senior Scientist, Integrated Regional Office, Ministry of Environment, Forests and Climate Change, Ranch Hon'ble NGT has instructed that "The Committee shall visit the sites in question where illegal sand mining is alleged to be going on and submit its report on affidavit within one month. It was also directed that "in case violation are found, the Committee shall identify flue violators so that they may be impleaded in the present proceedings in the array of Respondents and be given an opportunity of hearing".
As per the NGT order "The Deputy Commissioner, Saraikela- Kharsawan, shall be the Nodal Office for all logistic purposes and for filing the affidavit bringing cm record the Committee Report"3
b. Accordingly, a committee was constituted with the following members:
1. Shri Rajeev Ranjan, Scientist-E. Regional Office, Ranchi, MoEF&CC, Govt. of India.
2. Shri Ram Pravesh Kumar, Regional Officer, Jharkhand State Pollution Control Board, Dhanbad.
3. Shri Sanjay Kumar Das, Additional Deputy Commissioner, Saraikela Kharsawan, Jharkhand.
Smt. Shubhra Rani, S.D.O., Chandil, Shri Sunil kr. Rajwar, SDPO, Shri Amit Kr. Srivastava, C.O., Chandil, Shri Jyoti Shankar Satapathy, D.M.O. and Shri Ashutosh Anand, A.E.E., JSPCB also accompanied committee members during the inspection.
II. Findings of the Committee during the site inspection:-
The Committee members inspected/visited the Gauri Ghat on Swarnrekha River sites on 09.04.2024 and facts found are as given below:-
1. Tractor wheel footprints were visible on banks of Swarnrekha river on both sides of Gauri Sapra bridge (see photos 1,2,3) which indicated tractors ply along the river.
2. At some places in the inactive point bar, small scale mining of the deposited materials was observed where the mined-out materials may be screened and collected by the villagers.
3. As per the discussion with the local people it has been came to know that the local people are used to collect the sand from the middle part of the river which are submerged under water by using belcha and then collected over the Danga made by plastic drum and GI sheets, then bring to the river bank and dumped there. After then as per the requirement, they sale those collected sand. They also told that in one day a group of six people can collect one to two tractors of sand.
4. A kutcha road was observed from the Gaud Sapra bridge that went towards the river bank and Gauri Ghat (see photo 6). In addition to this road, two more roads were observed approaching the Gauri Ghat (see photos 14,16 & 18). This indicates that these routes may act as conduits for tractor to transport sand from the river bed.
5. Sand deposition was not observed at the pillars of Gauri Sapra bridge (see photo 7) indicating sand has been extracted 4 from the river there, but no fresh mining of sand is being observed in those area.
6. Sand was observed over few rafts made using plastic drum and tin sheets on the river at the banks (see photos 5,8,22,23).
7. Small heaps of sand were observed at river side at many locations (see photo 9).
8. Excavations and sand heaps /accumulations were observed on the banks of river (see photo 11,24).
9. No JCB or excavation machine/HEMM was found during inspection and no evidence of HEMM /footprints observed in the river side or at bank. Also, no contents regarding such accident was informed by the villagers.
10. Large stocks of sand approx. 10,000 cubic feet were observed adjacent to river Swarnrekha at the Gauri Ghat (see photos, 15,19,20).
11. A sieve was observed on the river bank that may be utilized for separation of coarse sand from fine sand (see photo 17).
12. The above indicates that illegal sand mining and storage is being done at Gauri Ghat on Swarnrekha river. It was known that Environmental clearance or CTE/CTO has not been issued for Gauri Ghat sand ghats at Swarnrekha river and therefore the whole mining, storage, transportation was illegal.
13. At a place on the Swamrekha river bank, pebbles, stones were also collected in few sacks which indicated that people are gathering stones/pebbles also from river for sale (see photo 10) that further damages the river.
14. Large stocks of sand were observed at two places in Gauri village (see photos 25,26& 27,28). Measurement of sand stocks was done by the district officials accompanying NGT committee members. Geo-cordinates of the above two places are (i) 22°50'12.0"N 86°08'24.0"E (ii) 22°50'12.0"N 86°08'19.0"E: Those stocks are were of quantity 5600 cubic feet and 3300 cubic feet each and stored on private land inside Gauri village, but no responsible person was found on the site during the inspection. It was instructed to District officials to find the persons responsible for such illegal storage and take action against them.5
15. The river hank close to the Gauri village is the deposition side of the meandering of the river Swarnrekha, where mixed deposits of gravels, sand and mud are observed.
16. 16. Some local people were interacted during the inspection (sec photo 16):
i. Shri Rajesh Kumhar, S/o- Ravi Kumar, vill- Puri silli ii. Shri Salkhu Soren, S/o- Chunu Soren, vill- Kalabeira iii. Shri Niraj Kumar, S/o- Mahendra Singh, vill- Gauri iv. Shri Ganesh Sardar, vill- Puri silli.
These people informed that sand is being lifted by local people manually using belcka, Dhaamaa and raft(donga) made using plastic drum and tin sheets. 5-6 such rafts were found inside the river. Local people also informed that earlier JCB and Hywa and other heavy machineries were also used to do illegal mining in this area but it has stopped since last 2 years as the villagers had protested against the large HEMM utilisation. Local villagers informed that since last 2 years only local people are involved in manual mining from the river and river bed and the sand being collected by labours is transported through tractors.
17. District mining officer has informed that in the month of January action has been taken on 09.01.2024 against the illegal mining. Gauri ghat and Sapra Balughat was inspected by the D.M.O. and irregularities were found. Several tractors, Bamboo, Tin Sheets, Plastic & Iron Drums were confiscated and FIR Case no. 1I/2024 was registered. (Copy enclosed as Annexure -I) From the above description it implies that the small-scale illegal mining at Gauri Ghat at Swarnrekha river is being done by people using manual labours. rafts/boat and tractors. Illegal storage of sand was also observed during inspection by committee members.
Note: Photos taken during inspection and referred above are enclosed in annexure V. III. Remedial steps/Action Taken:
Following action was taken to prevent illegal/unauthorized mining from Gauri Ghat as reported by District Officials:-
1. The Sand Stock at river hank was seized and handed over to Kapali O.P. 6
2. F.I.R. no. 0084 Dated: 09.04.2024 has been registered against unknown under sections 07 and 13 of Jharkhand Minor Minerals Prevention of illegal Mining, Transportation and Storage Rule, 2017, under sections 4 & 54 of Jharkhand laghu Khanij samanudaan niyamvali 2004 and under section 414 of 1PC. (Copy enclosed as Annexure -2)
3. Two Trenches having depth of six feet are being made across the prevailing transportation route which gives access to tractors for the transportation of illegally mined sand. (Photos submitted by District officials enclosed)
4. Four (04) numbers of boats were confiscated and destroyed as reported by district officials.
5. F.I.R. no, 0085 Dated: 09.04.2024 has been registered against Shri Bablu Singh, s/o-Shri Hazari Prasad Singh, at- village Gauri, Kapali, Chndil after enquiring about one of the illegal sand stock (22°50'12.0"N 86°08'24.0"E ) which was found stocked inside the Gauri village under sections 07 and 13 of Jharkhand Minor Minerals Prevention of illegal Mining, Transportation and Storage Rule, 2017, under sections 4 & 54 of Jharkhand laghu Khanij samanudaan niyamvali 2004 and under section 414 of IPC. (Copy enclosed as Annexure -3)
6. F I.R. no. 0086 Dated: 09.04.2024 has been registered against Shri Gholu Singh, s/o- Shri Harendra Prasad Singh and Shri Vinod Singh, Shri Trilok Nath Singh at-village Gauri, Kapali, Chandil after enquiring about one of the illegal sand stock (22°50'12.0"N 86°08'24.0"E ) which was found stocked inside the Gauri village under sections 07 and 13 of Jharkhand Minor Minerals Prevention of illegal Mining, Transportation and Storage Rule, 2017, under sections 4 & 54 of Jharkhand laghu Khanij samanudaan niyamvali 2004 and under section 414 of IPC. (Copy enclosed as Annexure-4) Recommendations of the Committee:
Demand of sand has increased over the years due to significant infrastructure development in the country and also states (including state of Jharkhand). The legitimate supply of sand has not been enough to cater to this demand growth.
1. District officials, District task force should take strong action against persons engaged in illegal mining, storage and transportation of sand 7 in the said ghat. Such actions in regular interval will act as deterrent and people may fear to engage in such illegal activities.
2. Trench should be cut at appropriate locations to prevent tractors engaged in transportation. Few check posts with CCTVs can be deployed in the area where there are reports of illegal sand mining.
3. Mining Surveillance System (MSS) may be implemented to prevent such illegal mining,
4. Unmanned Aerial Vehicles (UAVs) Drones may be used for monitoring of sand ghats in the districts. If illegal mining is being carried out or unsystematic/unscientific mining is being carried out, etc. can be known traced out easily.
5. Recommendations of High-Power committee should be considered while framing the monitoring mechanism by State Government (As given in page no 41, 42, 43, 44 of Enforcement & monitoring guidelines for sand mining issued by MOEF&CC in year 2020).
6. Since demand of Sand is ever increasing and production of sand from river is not able to fulfill the demand, it is essential that states should look for alternative of river Sand such as M-sand (Manufactured sand) and produced from coal overburden.
(Described in details, in sand mining framework prepared by Ministry of Mines, Government of India)."
6. A perusal of the Committee Report and the findings recorded therein during site inspection carried out on 09.04.2024 clearly show that there were tractor wheel marks on the banks of Swarnrekha river on both sides of Gauri Sapra Bridge which indicates tractors plying along the river; mined-out deposit of material was observed. It is also noted that local people used to collect sand from the middle of the river using Belcha and then dumped on the river bank and was later on sold; in one day a group of six people can collect one to two tractors of sand; kutcha road was observed going to the river from Gauri Sapra Bridge and Gauri Ghat; there were two more approach roads; sand was 8 observed over few rafts using plastic drums and tin sheets; no JCB or excavation machine/HEMM was found during inspection; large stock of sand approx. 10,000 cubic feet were observed adjacent to river Swarnrekha at the Gauri Ghat. The Report further mentions that such condition indicates illegal sand mining is going on in the area and storage is being done at Gauri Ghat on Swarnrekha river. It is further noted that no Environmental Clearance or Consent to Establish/Consent to Operate has been issued and, therefore, whole mining, storage and transportation was illegal.
7. In the affidavit, it is also stated that during inspection irregularities were found and FIR was lodged in the Kapali O.P., District- Saraikela-Kharswan, vide FIR No.11/2024 under Section 414/34 IPC and Sections 4, 54, 21, 9 of the Jharkhand Mining Rules, 2004, Mines & Mineral Development Act, 1957, and Jharkhand Mines, Prevention of Illegal Mining & Transport Rules, 2017.
8. The affidavit further mentions that a seizure list has been prepared and 30 FIRs have been lodged, 51 incriminating goods/articles were seized, 29 raids were conducted and 11 arrests have been made, documents in support thereof at pages 42-49 along with photographs have been filed showing sand mining and kutcha road from Gauri and Sapra Bridge going to the river bank.
9. Considering the facts noted hereinabove and the action taken by the State Respondents, we direct the State Respondents to take steps for determination of Environmental Compensation/Penalty against the illegal miners and proceed to recover the same in accordance with law from the from the illegal miners within a period of three months.
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10. With the aforesaid directions, the Original Application No.19/2024/EZ is accordingly disposed of.
11. I.As., if any, stand disposed of accordingly.
12. There shall be no order as to costs.
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B. Amit Sthalekar, JM ................................................ Dr. Arun Kumar Verma, EM April 15, 2024, Original Application No.19/2024/EZ (Earlier O.A. No.727/2023/PB) AK 10