National Green Tribunal
In Re News Item Appearing In Hindustan ... vs Jharkhand Pollution Control Board on 28 February, 2024
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.03 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 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)
Date of hearing: 28.02.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s) : Suo Motu,
ORDER
1. Cognizance of this case was taken up by the Delhi Bench of the Tribunal as suo motu on the basis of a newspaper 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, District Godda, State of Jharkhand, and registered as Original Application No.727/2023. Thereafter the case file was transferred to the Eastern Bench of the Tribunal at Kolkata and now registered as Original Application No.19/2024/EZ.
2. After issuance of notices in the present case, the Deputy Commissioner, Godda, has informed vide his letter dated 24.01.2024 that sand ghats in question are not situated within the jurisdiction of Godda District rather it falls under the administrative boundary of Saraikela-Kharsawan District in the State of Jharkhand.
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3. We accordingly direct that the Deputy Commissioner, Saraikela- Kharsawan, be impleaded in the array of Respondents as Respondent No.1 and Deputy Commissioner, Godda, be deleted from the array of Respondents.
4. We also direct the following be impleaded as Respondents in the array of Respondents:-
(1) Deputy Commissioner, Saraikela-Kharsawan, (2) Jharkhand State Pollution Control Board, through its Member Secretary, and (3) Integrated Regional Office, Ministry of Environment, Forests and Climate Change, Ranchi,
5. Issue notice to the Respondents, returnable within four weeks.
6. Ms. Aishwarya Rajyashree, learned Counsel who is present (in Virtual Mode), accepts notice on behalf of the Respondent No.1, Deputy Commissioner, Saraikela-Kharsawan.
7. Mr. Surendra Kumar, learned Counsel who is present (in Virtual Mode), accepts notice on behalf of the Respondent No.2, Jharkhand State Pollution Control Board.
8. Mr. Apurba Ghosh, learned Counsel who is present (in Virtual Mode), accepts notice on behalf of the Respondent No.3, Integrated Reginal Office, Ministry of Environment, Forests and Climate Change, Ranchi.
9. The Tribunal vide its order dated 20.12.2023 had constituted a Committee mentioning District Magistrate, Godda, as a Member. However, in view of the corrections made in the array of Respondents, we re-constitute the Committee and direct that in place of District Magistrate, Godda, the Deputy Commissioner, Saraikela-Kharsawan, or his representative not below the rank of 2 Additional District Magistrate be added as a Member, in addition to the existing Members, namely, Senior Scientist, Jharkhand State Pollution Control Board and Senior Scientist, Integrated Regional Office, Ministry of Environment, Forests and Climate Change, Ranchi.
10. 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. We also direct that in case violations are found, the Committee shall identify the violators so that they may be impleaded in the present proceedings in the array of Respondents and be given an opportunity of hearing.
11. The Deputy Commissioner, Saraikela-Kharsawan, shall be the Nodal Office for all logistic purposes and for filing the affidavit bringing on record the Committee Report. Let the affidavit be filed within one month.
12. The office of the Tribunal shall serve copy of the Original Application along with all its annexures as well as all the documents on record upon Ms. Aishwarya Rajyashree, Mr. Surendra Kumar and Mr. Apurba Ghosh, Counsel for the Respondents within 48 hours.
13. List on 15.04.2024.
..................................... B. Amit Sthalekar, JM ................................................ Dr. Satyagopal Korlapati, EM February 28, 2024, Original Application No.19/2024/EZ (Earlier O.A. No.727/2023/PB) AK 3