National Green Tribunal
News Item Titled "Punjab Has No Tech ... vs . Ankita Sinha & Ors." Reported In 2021 on 12 March, 2024
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 222/2024
News item titled "Punjab has no tech mechanism to check illegal
mining, says CAG" appearing in Hindustan Times dated 31.01.2024
Date of hearing: 12.03.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Vineet Kumar, Deputy Commissioner, Faridkot (Through VC)
Mr. Amit Kumar Panchal, Deputy Commissioner, Kapurthala (Through
VC)
Ms. Richa Kapoor & Ms. Eesha Sharma, Advs. for Punjab PCB
ORDER
1. This OA has been registered suo motu on the basis of the news item titled "Punjab has no tech mechanism to check illegal mining, says CAG" published in Hindustan Times dated 31.01.2024.
2. The matter relates to the alleged failure of Punjab Government and its agencies to use tech mechanism like geo tagging and unmanned aerial vehicle etc. to detect and check illegal mining in the State. The news item discloses that as per the Punjab State Sand and Gravel Mining Policy, 2018 and NGT orders, the State should use geo tagging, geo fencing and electronic surveillance to check menace of illegal mining but the Comptroller and Auditor General of India has pointed out failure of the Punjab Government to use technology and electronic surveillance to detect and check illegal mining. The news item further reveals that the Punjab State Sand and Gravel Mining Policy, 2018 requires the use of geo tagging, geo fencing and electronic surveillance to check illegal mining but the test check of records of three drainage divisions has shown that the technology 1 was not used by the water resources department to detect and check illegal mining. These test check records were of Amritsar, Phagwara and Golewala divisions which had jurisdiction over sand mining sites.
3. The news item raises substantial issue relating to compliance of the environmental norms.
4. 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.
5. Hence, we implead the following as respondents in the matter:
i. State of Punjab through the Chief Secretary. ii. Punjab Pollution Control Board through its Member Secretary.
iii. Deputy Commissioner/District Magistrate, Amritsar. iv. Deputy Commissioner/District Magistrate, Kapurthala v. Deputy Commissioner/District Magistrate, Faridkot.
6. Ms. Richa Kapoor, Advocate is representing the Respondent No. 2.
7. Respondents No. 4 and 5 have appeared virtually.
8. A reply on behalf of Respondent No. 4 has been filed confining to the position in respect of sand mining alone. In paragraph 1 of the reply, it is stated that at present no sand mines are in operation in District Kapurthala and it is stated that the regulatory measures are in place but in paragraph 5, it is mentioned that 32 FIRs have been registered against illegal mining in District Kapurthala from the year 2022 to till date. Hence, it is clear that the illegal mining is in progress at Kapurthala. 2
9. Learned Counsel for Respondent No. 2 seeks four weeks' time to file the reply.
10. Let proper response be filed by Respondents No. 4 and 5 within four weeks.
11. Let notice be issued to Respondents No. 1 and 3 for filing their response at least one week before the next date of hearing.
12. List on 16.05.2024.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM March 12, 2024 Original Application No. 222/2024 DV 3