National Green Tribunal
News Item Titled Hazaribagh Mei Nadiyon ... vs Jharkhand State Pollution Control ... on 16 July, 2025
Item No.06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.45/2024/EZ
(Earlier O.A. No.132/2024/PB)
News item titled "Hazaribagh mei
nadiyon se avaidh balu khanan
kar roj kee kamai 10 lakh se jyada
sarkari adhikariyo kee bhi hai mileebhagat"
appearing in the Prabhat Bharat
dated 14.12.2023 Applicant(s)
Versus
Jharkhand Pollution Control Board Respondent(s)
Date of hearing: 16.07.2025
Date of uploading: 22.07.2025
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) : Mr. Dev. Aaryan, Adv. a/w
Mr. Kumar Anurag Singh, Adv. for R-1 (in Virtual Mode),
Ms. Aishwarya Rajyashree, Adv. for R-2 (in Virtual Mode),
Ms. Anamika Pandey, Adv. for R-3 (in Virtual Mode),
Mr. Rajib Ray, Adv. for R-4 (in Virtual Mode)
ORDER
1. Affidavit dated 11.07.2025 has been filed on behalf of the Respondent No.1, Jharkhand State Pollution Control Board ; the same is taken on record.
2. Heard Mr. Dev Aaryan, learned Counsel for the Respondent No.1, Jharkhand State Pollution Control Board ; Ms. Aishwarya Rajyashree, learned Counsel appearing (in Virtual Mode) for the Respondent No.2, Deputy Commissioner/District Magistrate, Hazaribagh ; Ms. Anamika Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.3, Ministry of Environment, Forests and Climate Change (MoEF&CC) and Mr. 1 Rajib Ray, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.4, Central Pollution Control Board. (Final order of the said case will be uploaded in NGT website by separate sheets of paper) ..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 16, 2025, Original Application No.45/2024/EZ (Earlier O.A. No.132/2024/PB) SKB 2 Item No.06 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.45/2024/EZ (Earlier O.A. No.132/2024/PB) In the matter of:
News item titled "Hazaribagh mei nadiyon se avaidh balu khanan kar roj kee kamai 10 lakh se jyada sarkari adhikariyo kee bhi hai mileebhagat"
appearing in the Prabhat Bharat dated 14.12.2023 .... Applicant(s) Versus
1. Jharkhand Pollution Control Board Through its Member Secretary E-1, CTI Colony, Dhurwa, Ranchi
2. Deputy Commissioner/District Magistrate, Hazaribagh Nawab Ganj, Hazaribagh, Jharkhand
3. RO, MoEF&CC Integrated Regional Office, Bungalow No. A-2, Shyamali Colony, Ranchi - 834002
4. Central Pollution Control Board (CPCB) Through its Member Secretary Parivesh Bhawan, East Arjun Nagar, Delhi - 110032 .... Respondent(s) Date of hearing: 16.07.2025 Date of uploading: 22.07.2025 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) : Mr. Dev. Aaryan, Adv. a/w Mr. Kumar Anurag Singh, Adv. for R-1 (in Virtual Mode), Ms. Aishwarya Rajyashree, Adv. for R-2 (in Virtual Mode), Ms. Anamika Pandey, Adv. for R-3 (in Virtual Mode), Mr. Rajib Ray, Adv. for R-4 (in Virtual Mode) 3 ORDER
1. This Original Application was registered by the New Delhi Bench of the National Green Tribunal on the basis of a news item titled "Hazaribagh mei nadiyon se avaidh balu khanan kar roj kee kamai 10 lakh se jyada Sarkari adhikariyo kee bhi hai mileebhagat"
published in Prabhat Bharat dated 14.12.2023.
2. News item mentions that illegal sand mining is rampant at Keredari village. It mentions that from the River Sayal, Nauvakhap River, Pachda River, Masuriya River and Badki River, illegal sand mining is going on without any obstruction and illegally mined sand is smuggled to various places.
3. It has been alleged that illegal sand mining and smuggling is being done in collusion with concerned officers.
4. News items mentions that illegally mined sand is stored at Garri Khurd premises of Keredari Headquarters, High School Keredari, Dhamhabagi Paniya Garda and near Bakru mode of Keredari.
5. News item further mentions that on account of illegal sand mining, the very existence of River Sayal, Nauvakhap River, Pachda River, Masuriya River and Badki River is in danger.
6. Thereafter, the case has been transferred to the Eastern Zone Bench, Kolkata by the New Delhi Bench vide order dated 12.02.2024 and the same has been re-numbered as Original Application No.45/2024/EZ.
7. At the time of admission, the Tribunal constituted a Committee Fact Finding Committee comprising of the following members:-
(i) RO, MoEF&CC at Ranchi;
(ii) Representative of CPCB; and 4
(iii) District Magistrate, Hazaribagh
8. The Respondent No.1, Jharkhand State Pollution Control Board, has filed affidavit dated 12.04.2024 stating that a District Task Force (Mining), Hazaribagh, has been set up and the Deputy Commissioner-cum-Chairman of the District Task Force, Hazaribagh, was directed to submit Action Taken Report against illegal sand mining. The Action Taken Report has been submitted vide letter No.345 dated 01.04.2024 and the Action Taken Report has been summarized in tabular form, which reads as under:-
S. Financial No. of FIR's lodged No. of FIR No. of Penalty Penalty N. Year lodged vehicles amount in amount against over which terms of Rule realized vehicle (s) penalty 54 of against imposed Jharkhand illegal Minor Mineral storage Rules, 2017 1 2022-23 02 02 14 3.18 -
2 2023-24 07 13 39 3.59 -
(Apr. 23 -
Feb 24)
Cases of 02 02 - - -
Illegal
storage of
sand in
2023-24
Total 11 17 53 6.77 -
9. It is stated that the Circle Officer, Keredari Circle and Officer-in-
Charge of Police Station conducted site inspections of Pachra River, Sayal River, Navakhap River and Mansukhiya River sites to check illegal mining and transportation of sand and necessary vigilance is being kept over these places so that there are no instances of illegal lifting of sand from those sites. It is reported that during inspection, no instances of lifting of illegal sand have been found; inspection was also carried out at Garikhurd, Dabhabaghi, Paniyagarha and 5 Hendegir and no illegal storage of sand has been found at these places.
10. The Respondent No.3, Ministry of Environment, Forests and Climate Change, has filed affidavit dated 15.05.2024 bringing on record the Sustainable Sand Management Guidelines, 2016, Enforcement & Monitoring Guidelines for Sand Mining, 2020, Sand Mining Framework and MoEF&CC Notification dated 28.02.2014 and 20.04.2022.
11. The Respondent No.2, Deputy Commissioner-cum-District Magistrate, Hazaribagh, has filed affidavit dated 23.05.2024. Along with this affidavit, a Joint Inspection Committee Report of an inspection carried out on 20.04.2024 has been filed which reads as under:-
"Report on illegal mining of sand from rivers in Dt:
Hazaribagh, State of Jharkhand in the mater of O.A. No.45/2024/EZ (earlier O.A. No.132/2024/PB) pending before Hon'ble National Green Tribunal, Eastern Zone Bench, Kolkata (Tribunal on its own motion Vs. Jharkhand State Pollution Control Board & Ors.) I. Background This matter has been taken up by Hon'ble NGT, Principal Bench in O.A. No.132/2024/PB Suo moto on the basis of News item titled "Hazaribagh mei nadiyon se avaidh balu khanan kar roj kee kamai 10 lakh se jyada sarkari adhikariyo kee bhi hai milee bhagat" appearing in the Prabhat Bharat dated 14.12.2023. As per the NGT order "News item reveals that illegal sand mining is rampant at Keredari village. It reveals that from river Sayal, Nawakhap River, Pachda River, Masuriya River and Badki River, illegal sand mining is going on without any obstruction and illegally sand is smuggled to various places. It has been alleged that illegal sand mining and smuggling is being done in collusion with concerned officers. New items also reveal that illegally mined sand is stored at Garrikhurd premises of Keredari 6 Headquarters, High School Keredari, Dhamhabagi Paniya Garda and near Bakru mode of Keredari. News item also reveals that on account of illegal sand mining, very existence of river Sayal, Nawakhap River, Pachda River, Masuriya River and Badki River is in danger.
Considering the issue involved in the matter, Hon'ble NGT Principal Bench formed a Joint Committee comprising of i. RO, MoEF&CC at Ranchi, ii. Representative of CPCB and iii. District Magistrate, Hazaribagh. As per the order "District Magistrate, Hazaribagh will act as coordinating agency. Joint Committee will carry out the spot inspection, ascertain the truthfulness of the allegations and find out the extent of illegal mining, persons responsible for the same and remedial action".
Since the matter related to Eastern Zonal BENCH of the Tribunal, therefore, it was transferred to the Eastern Zonal Bench, Kolkata with OA No.45/2024/EZ. Accordingly, a committee was constituted with the following members:
1. Shri Rajecv Ranjan, Scientist-E, Regional Office, Ranchi, MoEF&CC, Govt. of India.
2. Shri Toufic Aslam, Scientist C, Central Pollution Control Board, RD Kolkata.
3. Shri Shailesh Kumar, Sub Divisional Officer, Hazaribagh on behalf of District Magistrate, Hazaribagh, Jharkhand Shri Ajeet Kumar, District Mining Officer, Hazaribagh, Shri Ram Ratan Kumar Barnwal, CO, Keredari, Hazaribagh, Shri Vikesh Dubey, S.I. Keredari also accompanied committee members during the site inspection on 24.04.2024.
II. Findings of the Committee during the site inspection:-
The Committee members inspected/visited the sites, rivers mentioned in the NGT order in Hazaribagh district on 24.04.2024 and facts found are as given below: -
1. Committee members inspected High School Keredari (see photo 1) Principal of High School Keredari informed that since construction work was being undertaken in 7 the school therefore small quantity was stocked inside the premises of school. Approximately 500 Cft. of sand was observed in the premises which appeared to be for use in construction in School (see Photo I).
2. Committee members visited the block office Keredari as there was allegation that illegally mixed sand was stored at Keredari Headquarters. Approximately 700 Cft. of sand was observed in the Block office premises which was for use in the ongoing construction (building) work there (see photos 2 & 3). CO. Shri Ram Ratan Kumar Barnwal informed that the sand stocked there was being used for building construction work in the block office premises.
3. Committee members visited Sayal River at Geo coordinates as shown in the Google map photos 28,31.
During inspection on 24.04.2024 it was observed that there were minor cuts/excavation signs in the river at 2-3 places (see photos 5,6). Tractor wheel marks were also observed in the river Sayal (see photo 6) indicating that tractors plied in the river. However, no major excavation or cutting of river bed was observed during inspection. No signs of excavation machinery/HEMM were found in Sayal river. District administration personnel showed a cutting in the road that was meant to deter vehicles entering into the river (see photo 7) but passages of vehicles were found adjacent to it. At some distance to river Sayal one large sand stock was observed (see photo 8) with dimensions 8mx5mx1.5m approx.= 60m3 sand. Committee members instructed District administration personnel to take action on the concerned person for illegal storage of sand there. Small stocks of sand was observed in front of houses in the adjoining village/Sayal village. On the basis of above observations, it can be concluded that small scale illegal sand mining was being done from river Sayal at the place.
4. Committee members visited Dhamhabagi Paniya Garha (see photo 9,24). Small stock of sand was observed there at two places District administration personnel informed that during road construction work some amount of sand was used and the sand stock 8 was for that purpose. Any large sand stock was not observed at Dhamhabagi Paniya Garha.
5. Committee members visited Barki river adjacent (downstream) to M/s NTPC Tandwa Thermal Power Plant. A barrage/gate was constructed on river Barki 150-200m before the bridge (see photo 25). The deposit of sand is very less in the river (see photo 10 and google image photos 29,32). Even then tractor wheel marks were visible in the river adjacent to bridge (See photo 11). Minor excavations/cuts for taking sand from river was also found within 100-150m from bridge over river Barki (see photo 12). From the above it can be concluded that small scale illegal sand excavations had been done from there.
6. River Barki was further visited upstream near bridge (near Pachda, Shijhwa village) (see photos 14,15 and google image photos 28,29 & 33). Tractor wheel marks were visible in the river under the bridge but not any major excavation/cutting in the river was observed. There were no signs of excavation machines used there. There were numerous Bangla Bricks operating adjacent to the river and may be further investigated whether they use the sand from river there. After the bridge river was again visited approx. 2-3 km upstream (see photo 16). Major excavations were not observed there also.
7. Committee members visited Nawakhap river. Cutting Excavation in the river was observed at few locations (see photos 17,18,19 and google image photos 28,29,30,34). Also tractor wheel marks were visible in the river indicating small quantity of illegal sand mining was being done from the river. District administration officials showed some road cutting/excavation done to deter the illegal transportation of sand from river Nawakhap (see photo
26). But illegal mines/transport have made alternate routes. (It was instructed to District admin personnel to further cut the roads to river at more places and ensure no illegal transportation of sand is done from there.) No sand stock was observed near or adjacent to river Nawakhap.
9
8. Committee members visited Masuria river on 24.04.2024 (see photos 21,22,23 and google image photos 28,30,35). A tractor was observed in the river when committee members reached the road adjacent to river. But after looking to Police and District Administration personnel the tractor fled from there (see phot 21). Excavations in the river and tractor wheel marks were observed during inspection (see photos 22, 23) indicating small quantity of illegal sand mining was done there earlier. No sand stock was seen near or adjacent to river Masuria. It was instructed to District administration personnel to further cut the roads to river at places and ensure no illegal transportation of sand is done from there.
9. Committee members visited Garri Khurd Village. No large stocks of sand were observed to members during inspection on 24.04.2024 in Garri Khurd Village (see google image photos 28, 36). Small sand stocks being used by villagers for house construction was observed (see photo 27).
a. The above description indicates that illegal sand mining was done at River Sayal, Nauvakhap, Masuria river though on a small scale, since large cuttings/excavations were not observed in rivers during inspection. No evidence of large excavation machine/HEMM was observed for sand mining from above rivers. However, tractors wheels marks were observed in all the rivers mentioned in Hon'ble NGT order dated 12.02.2024.
b. It was known that Environmental clearance or CTE/CTO has not been issued for the sand ghats on above rivers and therefore the whole sand mining, storage, transportation was illegal. It is mention that many sand deposit within Keredari rivers have been marked in DSR of the district. But the distance from the forest land and sand ghats are less than 250 nits. Hence it could not be processed for settlement. c. Regarding storage of sand: Storage of sand was not observed at Garri Khurd, at Keredari Block office, 10 nor at Dhamhabagi Paniya Garha nor at Bakru mode of Keredari. From the google image also large sand stock was not observed at any of those places as can be seen in photos from 28 to 36. However approximately 2000 cft sand was observed at one place at some distance to river Sayal.
d. Geo co-ordinates of some of the places inspected has been superimposed on the google earth image (see photo 28 to 36) and it shows that no large stock of sand was present on the banks of rivers inspected nor near the places inspected.
Note: Photos taken during inspection and google images photos referred above are enclosed in annexure - A (Total 09 pages).
III. Remedial steps/Action Taken:-
Following action was taken to prevent illegal/unauthorized mining from Rivers in Keredari block, Hazaribagh, Jharkhand as reported by District officials:-
1. The Sand Stock at/near Sayal river bank was seized and handed over to Keredari O.P.
2. F.I.R. no.73/2024, Dated 29.04.2024 has been registered against unknown under sections 07 and 13 of Jharkhand Minor Minerals Prevention of illegal Mining, Transpiration and Storage Rule, 2017, under sections 4 & 54 of Jharkhand Minor Mineral Concession Rule 2004 and under section 414 of IPC.
(Copy enclosed as Annexure-B)
4. Several FIR has been lodged in the case of illegal mining/transportation/storage of sand under Keredari police station of Hazaribag district by the district administration authorities under section 4 & 54 of Jharkhand Minor Mineral Concession Rule 2004 (as amended), under section 7 & 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules 2017 and Section 414 of IPC from time to time. The details of the action 11 taken from financial year 2022-23, 2023-24 and 2024-25 (till April, 2024) are as follows:-
Sl. No. Year Total Total Penalty
number of number of amount
FIR Vehicle under JMMC
seized Rule 2017
section 54
(5)
1 2022-23 02 16 3.18
2 2023-24 09 51 3.59
3 2024-25 06 13 0.70
Total 17 80 7.47
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. Due to this, illegal mining activities has increased resulting in draining of sand and also damage to the environment. Overexploitation of existing resources is taking place which is leading to a negative impact on physical characteristics of the rivers/streams and cause environment issues. Alteringa steam's physical habitat characteristics can have deleterious impacts on both in-stream biota and the associated riparian habitat.
1. Since there is no EC, CTE, CTO at any sand ghats in river Sayal, Nauvakhap River, Pachda River, Masuriya River and Badki River sand mining, storage and transportation at these sites is completely illegal. In such cases District officials, District task force should take strong action against persons engaged in illegal sand mining, storage and transportation. 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 illegal transportation. Few check posts with CCTVs can 12 be deployed in the area where there are reports of illegal sand mining.
3. Unmanned Artificial vehicles (UAVs) / Drones can be used for monitoring of sand ghats/rivers in the districts. With the help of drone random pictures can be taken. If illegal mining is being carried out or unsystematic/unscientific mining is being carried out, etc. it can be known and accordingly action can be taken.
4. 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).
5. 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 look for alternative of river Sand such as M-sand (Manufactured sand) and produced from coal overburden. (Described in length in sand mining framework prepared by Ministry of Mines, Government of India)."
12. The Joint Inspection Report clearly mentions that 500 Cft. of sand was observed stocked in the premises of the High School Keredari which appeared to be for use in construction in the School; 700 Cft. of sand was also observed in the Block Office premises for use in the ongoing construction work there.
13. During inspection, minor cuts/excavation signs were seen at River Sayal at 2 - 3 places; tractor wheel marks were also observed in the River Sayal indicating that tractors had plied in the river, however, no major excavation or cutting of river bed was observed and there were no signs of excavation machinery or use of heavy machinery being used and there was cutting in the road made to deter vehicles 13 from entering into the river but traces of passage of vehicles were found adjacent to it; similarly at some distance from River Sayal, one large sand stock was observed measuring 8mX5mX1.5m approx.=60m3 and, therefore, directions were given to the District Administration to take action against the persons responsible for illegal mining and storage of sand; small stocks of sand was also observed in front of houses in the adjoining village/Sayal village and, therefore, it could be concluded therefrom that small scale illegal mining was being done in the River Sayal at various places; at the Dhamhabagi Paniya Garha small stock of sand was observed at two places and the District Administration informed the same was used in road construction.
14. At the River Barki adjacent to NTPC Tanwa Thermal Plant, the Report mentions that a barrage/gate had been constructed measuring 150 - 200 m before the bridge and tractor wheel marks were visible in the river adjacent to the bridge; minor mining excavations/cuts for taking sand from river was also found within 100 - 150 m from the bridge over River Barki and, therefore, it could be concluded that illegal sand excavations had taken place at the site; upstream of River Barki also near the bridge there were tractor wheel marks but no excavation or cutting in the river was observed nor were there any signs of use of machines but there were numerous Bangla Bricks operating adjacent to the river which needed to be investigated as to whether they were using sand from the river.
15. Near the Nawakhap River, the Committee observed cutting excavation in the river at a few locations; tractor wheel marks were also visible in the river, indicating traces of illegal sand mining from 14 the river and persons involved in illegal mining and transportation had also made alternative routes, and, therefore, District Administration was directed to cut the roads towards the river at more places to ensure no illegal transportation of sand takes place.
16. At the Masuria River, the Committee observed tractor wheel marks in the river but when they saw the Police and District Administration, the tractor personnel ran away, but the tractor wheel marks indicated illegal excavation of sand at the site.
17. At the Garri Khurd Village, the Committee observed that small sand stocks were being used by villagers for house construction and there were no large stocks of sand. The Committee noted that no CTE/CTO had been issued by the Pollution Control Board for the sand ghats on any of these rivers and, therefore, the entire sand mining, storage and transportation were wholly illegal. At one place near River Sayal 2000 Cft. of sand was observed stocked.
18. The Committee, therefore, recommended that trenches should be cut at appropriate locations to prevent tractors from engaging in illegal transportation; CCTV be deployed in the area and unmanned artificial drones also be also used for monitoring of the sand ghats and rivers in the districts.
19. The Respondent No.4, Central Pollution Control Board, has filed affidavit dated 08.01.2025 bringing on record the 'Recommendations on Scale of Compensation to deal with the cases of illegal sand mining'.
20. The Respondent No.1, Jharkhand State Pollution Control Board in its counter-affidavit dated 10.01.2025 has referred to the action taken by it, which has been referred to in its previous affidavit dated 12.04.2024, which has already been referred to hereinabove. 15
21. Further, counter-affidavit dated 04.03.2025 has been filed by the Respondent No.1, Jharkhand State Pollution Control Board, bringing on record the letter dated 03.03.2025 showing action taken for lodging of FIRs against various persons. The chart contained in this letter giving details of the names of the persons, with vehicle number, quantum of sand and recovery has been given which reads as under:-
16 17 18
22. Another counter-affidavit dated 11.07.2025 has been filed by the Respondent No.1, Jharkhand State Pollution Control Board, bringing on record the computation of Environmental Compensation in respect of 14+34 cases for which FIRs have been registered as per Deputy Commissioner, Hazaribagh's information letter dated 03.03.2025. The computation of Environmental Compensation reads as under:-
19 20 21 22
23. We have gone through the affidavits on record and pleadings of the parties and heard the learned Counsel for the Respondents.
24. From the perusal of the Inspection Report and the Action Taken by the Jharkhand State Pollution Control Board as well as the District Administration for lodging of FIR and recovering penalty and computing Environmental Compensation, it is established that illegal mining was going on the Sayal River, Pachra River, Navakhap River, Mansukhiya River and Barki River at various sites. Since the District Task Force has been constituted by the District Administration, we direct the District Administration to ensure that strict monitoring and regular inspection of the site is carried out with the use of drones for monitoring the sand ghats and rivers in the district. The District Administration shall also install CCTVs along the sand ghats within a period of three months and ensure strict action against illegal miners. We also direct the District Administration to initiate proceedings for recovery of Environmental Compensation from the illegal miners, and the said process be carried out and completed by 31.10.2025.
25. With the above observations, the Original Application No.45/2024/EZ is accordingly disposed of.
26. I.As. if any, stand disposed of.
27. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 16, 2025, Original Application No.45/2024/EZ (Earlier O.A. No.132/2024/PB) MN 23