National Green Tribunal
News Item Titled "Khanij Mafiyao Ke ... vs State Of Chattisgarh on 3 July, 2024
Item No. 03
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 89/2024(CZ)
(O.A.No.252/2024 - PB)
News Item titled
"Khanij Mafiyao ke Hausle Buland Raet Ghaat mein Avaidh Uttkhanan
rokne gayi Khanij Team per Jaanleva Hamla Gaadiyo mein todfod kisiki
sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024.
Suo Moto...
Date of Hearing: 03.07.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s) : Mr. Yadvendra Yadav, Adv.
Mr. Saurabh Balwani, Adv.
Mr. Abhinay Sharma, Adv.
(with Ms. Parul Khurana, Adv.,
Ms. Deeksha Prakash, Adv. And
Ms. Kirti Vyas, Adv.)
ORDER
1. Issue raised in this application is illegal mining, excavation of minerals and sand carried out in Panduka area of Gariyaband District, State of Chhattisgarh by using heavy machinery and trucks loaded with illegally mine minerals.
2. The matter was taken up by this Tribunal on 20.03.2024 and a joint committee consisting the representative of the State Pollution Control Board, Regional Director MoEF&CC, CPCB and the District Magistrate 1 O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 was constituted with direction to submit the factual and action taken report.
3. The members of the committee visited the site and submitted the report as follows:-
"1. Background of the area under question:
Pairi River is one of the important tributaries of River Mahanadi. This river originates from the Bhatigarh hills located near Bindranavagarh of Gariaband District and it joins the Mahanadi near Rajim, Gariaband district in Chhattisgarh. The total length of this river is 130 KM and total 49.56% area of the district is being irrigated through this river. Pairi River flows north from here and makes "Triveni Sangam" at Rajim.
2. Submission of the State Mining Department:
As per the information given by Mining Officer, Gariaband, the mining was carried out on very small part of Khasra no. 01. The incident of alleged illegal sand mining took place in revenue land and transportation route of vehicle is in private land, the written submission made available by Patwari is enclosed as Annexure-
05. District Mining Officer, Gariaband also informed that presently no sand mining leases are allotted at river bank at Kutena village.
The mining department also informed that in last four years during 2020 to 2024, total 26 incidents of illegal sand transportation and 02 incidents of illegal sand mining were reported and action has been taken in accordance to rules.
3. Status of Statutory requirements:
In pursuance to the Order dated the 27th February, 2012 of Hon'ble Supreme Court of India in I.A. No.12-13 of 2011 in Special Leave Petition (C) No.19628-19629 of 2009, in the matter of Deepak Kumar etc. Vs. State of Haryana and Others etc., prior environmental clearance become mandatory for mining of minor 2 O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 minerals irrespective of the area of mining lease. Ministry of Environment, Forest and Climate Change in consultation with State Governments has prepared Guidelines on Sustainable Sand Mining detailing the provisions on environmental clearance for cluster, creation of District Environment Impact Assessment Authority and proper monitoring of sand mining using information technology and information technology enabled services to track the mined-out material from source to destination. Therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government vide notification S.O. 141(E) dated 15th January, 2016 made amendments in the EIA notification, 2006 incorporating District Environment Impact Assessment Authority (DEIAA) for matters falling under Category 'B2' for mining of minor minerals in the said Schedule.
The term 'minor mineral' is defined in clause (e) of Section 3 of Mines and Minerals (Development and Regulation) Act (MMDR Act) 1957: '3 (e) "minor minerals" means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes and any other material which the Central Government may, by Notification in the Gazette of India declare to be a minor mineral. The term `ordinary sand' used in clause (e) of Section 3 of the MMDR Act, 1957 has been further clarified in rule 70 of the MCR, 1960.
Accordingly, the Central Government had constituted the District Level Environment Impact Assessment Authority (DEIAA), for grant of environmental clearance for Category 'B2' Projects for mining of minor minerals, for all the districts in the country. However, in compliance with the order dated 13.09.2018 of Hon'ble NGT-PB in O.A. No. 186 of 2016 titled Satendra Pandey Vs MoEF&CC & Ors., DEIAAs are not functioning, since October, 2018 and such projects are being dealt by the respective State 3 O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 Environment Impact Assessment Authority (SEIAA). As part of Post environmental clearance monitoring, MoEF&CC vide its notification S.O. 637(E) dated 28.02.2014 has delegated the powers to State/Union Territory Environmental Impact Assessment Authority to issue show cause notice to project proponent in case of violation of Conditions of Environmental Clearance issued by the said authority and to issue direction for keeping the said EC in abeyance or withdrawing it. Thus, for category 'B' projects SEIAAs are responsible for EC monitoring. Based on the information made available to the Committee, it has been observed that in the present case no environmental clearance has been accorded for sand mining in the alleged area under dispute.
Illegal Mining: In accordance with the Judgment dated 02.08.2017 of Hon'ble Supreme Court of India in W.P. No. 114 of 2014 in the matter of Common Cause Vs Union of India & Ors., any mining activities which are not governed under the provision of Environment (Protection) Act, 1986, The Water (Prevention & Control of Pollution Act, 1974, The Air (Prevention & Control of Pollution) Act, 1981, Forest Conservation Act, 1980, Wildlife Protection Act, 1972, shall be considered as illegal mining within the provision of section 21(5) of Mines and Minerals (Development & Regulation) Act, 1957 (MMDR Act) and the concerned authority shall take necessary action within the provision of MMDR Act. As per the provision of 23(C) of MMDR Act, the State Government is empowered to make rules for preventing illegal mining, and transportation & storage of illegal minerals.
4. Field Observations of the Committee:
i GPS location of the River Pairi at Kutena village has been recorded using a mobile-based GPS application. The google map of the alleged sand mining site and photographs taken during the inspection are enclosed herewith. The 4 O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 geographical coordinates of Kutena mining site are 20o46'18.34''N, 81o55'28.16''E. ii Committee visited the stretch of River Pairi located near Kutena village. On the day of site inspection, no tractors, dumpers, trollies and sand excavation activity were observed at Pairi River bank at Kutena. No transportation of sand was observed by the Committee at the time of visit. However, observed small size tranche and pits filled with water during visit.
iii The Gram Panchayat on 30.01.2024 wrote a letter to the District Collector and requested for prevention of illegal mining at Pairi River. Gram Panchayat also informed that they have not accorded any permission to any contractor.
iv During the visit, there is no flow in the River. However stagnant water available in small patches was observed at the site of incident which is also indicated that there is no any sand mining activity in the recent past, since no tire and other vehicles impression was seen.
5. Observation of the Joint Committee on the ToR to the Committee and recommendations:
i Whether there is any illegal mining of sand taking place in Kutena, Panduka of Gariaband district and any action has been taken on excavation and transportation of sand from the said areas.
As per Rule (3) of Chhattisgarh Minor Mineral Ordinary Sand Quarrying and Trade (for scheduled areas) Rules, 2023, quarrying and transportation of sand may be carried out in accordance with and subject to the conditions prescribed in these rules by Gram Panchayat/Urban body in the Scheduled areas of the State. As per Rule (4) for obtaining any sand quarry lease, the concerned 5 O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 Gram panchayat needs to submit an application in Form-1 to the Mining section of the concerned District. In accordance with sub- rule (4) of rule (8) of Chhattisgarh Minor Mineral Ordinary Sand Quarrying and Trade (for scheduled areas) Rules, 2023, based on fulfilment of the conditions specified in sub-rule (3) of rule (8), the Sanctioning Authority may grant quarry lease to the concerning Gram Panchayat/Urban body. Rule 14 stipulates to form flying squads at district and directorate level for effective control on illegal Quarrying/transportation/ storage of ordinary sand and other minerals.
Based on the information made available by the District Mining Officer, the Committee observed that no permission for sand mining has been accorded in this area. This area comes under Scheduled area and thus Kutena Panchayat can only obtain the permission of sand mining from the District Collector as per the procedure mentioned in Gazette notification dated 19.01.2023, which is enclosed as Annexure-08. As informed by the Sarpanch, so far, the panchayat has not applied seeking permission for sand mining due to their constraints and lack of awareness on the procedures of getting EC and other NOCs.
Based on the documents made available by the Mining Department, the Committee observed that an incident of illegal sand mining was reported on 30.01.2024. On the day of the illegal mining incident 2 Hyva trucks and 3 chain mounted machines were deployed for illegal sand excavation from River site. After receiving information, the mining officer reached the site and seized the vehicles involved in mining and sent to nearest police station. While taking seized vehicles to the police station, accused party forcefully snatched the chain mounted machine from the officials and created hindrance in performing the official duty. The Mining Inspector on duty lodged a complaint. Based on the complaint Police Authority filed FIR on 30.01.2024 at police station of Panduka under Cr.P.C. Based on the FIR filed, police arrested 4 persons and 3 are absconded from the spot. Later 6 O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 police arrested the other 3 absconded members too. The copy of the FIR and brief submitted by the in-charge of the concerned Police Station is submitted under para 4.
The mining department seized two vehicles (Hyva) bearing the registration No.CG-07-CP-8195 and CG-07-CN-9029 and imposed penalty of Rs. 26500/- each and the same has been challenged before the Chief Judicial Magistrate, Gariaband District on 06.02.2024. The said matter is under sub-judice. The details of the seized vehicle i.e. name of owner, vehicle number, quantity of sand seized, penalty imposed and correspondence in this regard with Chief Judicial Magistrate, Gariaband District for both the vehicles are enclosed.
As per report of Assistant Mining Officer of the Gariyaband District, as mentioned above two vehicles seized and 3 m3 sand was filled in each vehicle. The total market value of the 6 m3 sand was Rs.2700/-
ii Whether any permissions have been issued for excavation and transportation of sand as per DSR from the said areas.
As per DSR of Gariyaband district 2019, 5.0 hector sand area identified in Khasra No. 01 of Tehsil Chura of village Kutena at River Pairi, however it is not allotted for mining purpose. The Sarpanch of the area also informed that so far neither panchayat sought permission from Government nor given any permission to anyone for mining and transportation of sand from Kutena village, the copy of the 2019 DSR of Gariyaband district is enclosed as Annexure-10. To keep vigil on any illegal mining and transportation activity of sand in sensitive areas of the district a task force committee has been constituted by District Administration comprising the members of District Administration, Mining, Police and RTO. The said order of the Committee is enclosed.
7O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 iii Whether there are any ditches formed in the said areas.
Though, there was an incident of reported illegal sand mining, the alleged mining activity has been stopped immediately by the Officers concerned and the excavated mineral (sand) has not been transported. However, during visit observed small size tranche and pits filled with water. The District level task force Committee also keep vigil over the area.
iv Environmental compensation As per Rule 21 of MMDR, Act 1957 and Rule 71 of Chhattisgarh Minor Mineral Rules, 2015, State Mining Department seized the vehicles deployed and imposed penalty of Rs. 26500/- on each vehicle. As per FIR document total 6 m3 (3+3) sand had been excavated by two Hyva machines and mining team caught them at the early stage of mining and thus the accused could not excavate more quantity of sand.
As per O.A. No. 360/2015 in the matter of National Green Tribunal Bar Association Vs. Virendra Singh (State of Gujarat) at Hon'ble NGT (PB) New Delhi, a report was prepared by a committee to recommend a scale of compensation to NGT (PB) to deal with cases of illegal sand mining in whole of country.
The committee considered two approaches: Approach 1:
Direct Compensation based on the market value of extraction, adjusted for ecological damages and Approach 2: Computing a Simplified Net Present Value (NPV) for ecological damages.
Based on the above report, Hon'ble NGT vide order dated 26.02.2021 directed that the scale of operation of compensation as per report dated 30.01.2020 (Approach - 2) was to be adopted 8 O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 by all States/UTs and Environment Secretary to evolve an appropriate mechanism for assessment of compensation in all Districts of the State and for utilisation of recovered compensation for restoration of environment by preparing appropriate action plan.
Further, in compliance of NGT order dated 26.02.2021, CPCB vide letter dated 11.06.2021 issued directions to Environment Secretaries of States/UTs to evolve an appropriate mechanism for assessment of compensation in all Districts of the State and for utilization of recovered compensation for restoration of environment by preparing appropriate action plan. Chhattisgarh State yet to formulate State specific Environment Compensation (EC) formula and thus Approach-2 as mentioned above has been used for imposing EC, the formula calculation as given below:
"Compensation Charge (Scenario II - explicit accounting of NPV). In situations where the risk categorisation is unavailable or pending calculation, the following Discount Rates may be considered:
Severity Mild Moderate Significant Severe Risk Level 1 2 3 4 Risk Factor 0.25 0.50 0.75 1.0 (RF) Discount (𝑟) 8% 7% 6% 5% Market Value# of Illegally Mined Material (D) 1089*6 = Rs. 6534/-
Annual Value of Foregone Ecological Values (D*RF) 6354*1 = Rs. 6534/-
• The market value of material (Sand) as per PWD CG 2022 NH Zone it is Rs. 1089/- per m3, hence committee decided to take latest and higher side market rate for EC calculation.
• 6 m3 sand seized during raid of mining department. • RF=1 as severe risk factor taken for calculation.
9O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 Formula for Present Value of Foregone Ecological Values (@ 5% discount rate and over 5 years (𝒕) is:
In view of the above Environmental compensation of Rs 21,755/- (rupees twenty-one thousand seven hundred and fifty-five only) may be imposed on the violators who are committed / associated in the illegal mining and transportation of sand. The District Collector, Gariyaband may recover the same from the violators.
v Conclusion and Recommendations: -
The Committee noted that District administration has taken action against the violators under MMDR Act, 1957 and Chhattisgarh Minerals Rules, 2015 and seized the vehicles deployed for illegal mining and arrested 07 persons under various sections of Indian Penal Code 1860 and the matter is under trial. The District administration also imposed penalty of Rs 25,000/- under Rule 71(5) of Chhattisgarh Minerals Rules, 2015 and a penalty of 53000/- (26500 + 26500) on two seized vehicles.10
O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 For the violation that took place on 29/01/2024, the Committee recommends to levy an Environmental compensation of Rs.21,755/- on the violators who committed the illegal sand mining and transportation. The District Collector, Gariaband may recover the same from the violators. Further, Environmental compensation may also be levied by Mining Department on vehicles deployed in the illegal mining as per Order dated 26.02.2021 of Hon'ble NGT-PB in O.A. No.360/2015.
Further, the Committee suggests the following recommendations to adopt the authorities concerned.
vi. Recommendations for preventing illegal sand mining:
i District authorities shall strengthen the site inspections mechanism by the Revenue Department and Mining Department of the State Government at regular intervals.
ii The State Government should provide adequate manpower, police security and vehicles etc. to the authorities concerned for regular monitoring of illegal sand mining, if any.
iii Entry of heavy vehicles and digging machinery strictly be prohibited in the river bed.
iv Warning boards intimating the penalty for illegal mining and transportation of sand should be placed by the Mining Department at village Kutena, along with contact details/phone/mobile of the official to whom the information/complaint can be made, if any one who notices illegal mining.
v The Mining Department of the State should keep vigil on the river and if any kind of unauthorized construction of passage for vehicle or obstacle to flow of water is observed, concerned Officer(s) shall take immediate action.11
O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 vi All precaution shall be taken by Mining Department and Water Resources Department of the State to ensure that the water stream flows unhindered and process of natural river meandering doesn't get affected. The District Administration shall remove the unauthorised pathway made, if any, across the river near village Kutena.
vii The State Environment Department may evolve an appropriate mechanism for assessment of compensation in all districts of the Chhattisgarh State and for utilization of recovered compensation for restoration of environment by preparing appropriate action plan as per order dated 26.02.2021 of Hon'ble NGT-PB in O.A. No.360/2015 and directions dated 11.06.2021of CPCB."
6. Notices were also issued to the CPCB and CECB and in response to the notice the CECB has submitted the reply as follows :-
i "On January 30, 2024 Mineral Inspector Subhash Chandra Sahu , aged 35, resident of Civil Line gariyaband, Police Station City, Kotwali, Glariyaband, District Gariyaband (Chhattisgarh, along with his mining stall, received a complaint regarding illegal sand excavation, In response to the same and acting on the orders of higher officer they proceeded to Kutuna Sand Mining in Scorpio Vehicle bearing No. CG-23- 6119 accompanied by staff members. Nagar Sainik Constable Rajesh Bhardwaj, Harishankar Buskan, daily wage vehicle driver Nandkumar Sahu and private vehicle driver Jubair Khan during the night for inspection.
ii Upon arrival at the site, they discovered two Hyva vehicles (bearing S. No. CG-07 CN-9029 and No. CG-07- CP 8195) and three Chain Mountain Machines engaged in sand excavation Two operators of the Chain Mountain Machines left their 12 O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 machines behind and fled the scene while one other operator was found present in one of the Chain Mountain Machines. As a result Nagar Sainik (Constable Harishankar Nishad was sent to Police Station Panduka along with one Hyva Vehicle (CG-07-CN-9029), Nagar Sainik (Constable) Rajesh Bhardwaj was sent with the other Hyva Vehicle (CG-07-CP 8195) and Nand Kumar Sahu was seat with the Chain Motam Machine, leaving behind 2 Chain Mountain Machines. The term then began their return journey from the site.
iii While enroute back to the Police Station Panduka at approximately 12:10 AM, upon reaching River Ghat, the team was stopped by Mahesh Chhabda, Suresh Surender Sahu, Kaliram Sahu and Rahul Bandhekar accompanied by about 10 to 15 other people They arrived in a white Bolero Vehicle bearing No. CG-23-J-8605, another unidentified white vehicle bearing No. CO-04-M-5562 and a long vehicle similar to an Innova car. They forcibly stopped their vehicles in front of the Chain Mountain Machine which was equipped with cudgel/stick, bamboo and rod.
iv The group then proceeded to snatch the key of the Chain Mountain Machine from Nand Kumar Sahu who was sitting in the machine. Acting with a common intention, they obstructed the road, despite being aware that Subhash Chandra Sahu was a public servant. They disrupted the team from discharging their work responsibilities and physically restrained Subhash Chandra Sahu by grabbing his shirt collar. Mahesh Chhabda dragged him out of the vehicle and verbally abused him, threatening further violence. Mahesh Chhabra proceeded to slap Subhash Chandra Sahu on his left cheek. The group, armed with cudgel, stick and rod, damaged the private vehicle which was a Scorpio belonging to Subhash Chandra Sahu, thereby leading to the registration of case Crime No. 21/2024 under Sections 341, 294, 506, 323, 147, 148, 149, 353, 186 and 427 of the Indian Penal Code (IPC).
13O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 v During the course of investigation Section 332, IPC was added as an offence after medical examination of injuries caused to the Subash Chandra Sahu was conducted and received from District Hospital, Gariyaband.
vi During the course of investigation in the matter, on 31.01.2024 at 11.20 Hrs., after identification by Subhash Chandra Sahu in the presence of accused Kaliram Sahu, Son of Late Lakhan Sahu, age 63 years, resident of village Kutena, Police Station Panduka and Tahsildar, the arrests of the following accused were made:
A) Surender Kumar Birje, Son of Buddu Ram Birje, age 48 years.
B) Tikaran, son of Ram Lal Sahu, age 51 years; C) Lokesh Sahu, son of Kishan Lal Sahu, age 33 years; D) Khulurmn, Son of Budhu Ram Mahilaange, age 51 years E) Mahender Sahu, Son of Lal Ji Sahu, age 46 years:
F) Vimal Sahu. Son of Nehru Sahu, age 37 years.
The above-mentioned accused were all residents of Village Kutena, Police Station Panduka, District Gariyaband (Chhattisgarh) and, on 20.02.2024, at 22.20, 22.30 22.40, 22.50, 23.00, 23.10 Hrs. respectively all of them were sent on Judicial Remand.
vii However, the remaining accused individuals, as mentioned below, are currently absconding:
A) Mahesh Chhabra. Son of Lal Chand Chhabra, Resident of Ward No. 23, Gokul Vatika Dhamtari; B) Rahul Bandhekar. Son of Umend Bandhekar, Resident of Village Charmudia, Police Station Kurud:
C) Suresh @ Surender Sahu, son of Kaliram Sahu.14
O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 viii As a result, an Absconding Panchnama was prepared and information about their movable and immovable properties was obtained from the office of the concerned Tehsil. Efforts to collect evidence against the absconded accused persons are investigation proceedings under Section 173(8) of the Criminal Procedure Code (Cr.P.C.) are continuing."
7. Learned counsel for the CPCB has submitted that CPCB vide letter dated 11.06.2021 has issued the direction to Environment Secretaries of all States for evolving and appropriate mechanism for assessment of compensation in all Districts of the States and for utilization of recovered compensation for restoration of environment by preparing appropriate action plan.
8. In view of the above facts and after considering the relevant report submitted by the joint committee, we direct the State Pollution Control Board to take immediate necessary action for controlling the illegal mining and to recover the environmental compensation and to deposit in relevant account and to utilize by planning for the improvement of the environment. We further direct that the recommendations submitted by the joint committee must be strictly followed. In addition to that, we further direct as follows:-
i "DSRs needs to be prepared very carefully, based on physical surveys and replenishment studies. DSR needs to be regularly updated, since sand deposition is in dynamic nature. While awarding sand mining leases, important factors viz. deposition and replenishment of sand, areas of erosion, distance from infrastructural structures need to be considered.
ii The mining department should ensure compliance of provisions of EIA Notification, 2006, Sustainable Sand 15 O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024 Mining Guidelines, 2016; Enforcement and Monitoring guidelines for sand mining 2020; The Environment (Protection) Act, 1986; The Water (Prevention and Control of Pollution) Act, 1974; The Air (Prevention and Control of Pollution) Act, 1981 and the Regulations of Central Ground Water Authority.
iii Chhattisgarh Environment Conservation Board (CECB) shall ensure that all the sand mining projects accorded EC are being operated only after obtaining requisite CTE/CTO under Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981.
iv Geo-fencing of sites, their physical demarcation, allotment of geocoordinates to all the pillars and its constant physical inspection and electronic surveillance is a must to ensure that the mining activity is as per the approved mining plan and no illegal mining and detrimental to the environment.
v Awareness shall be created to the villagers about utilisation of sand from scheduled area by obtaining proper permissions from the authorities concerned."
9. With these observations Original Application No. 89/2024 stands disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 03rd July, 2024 O.A No. 89/2024(CZ) PN 16 O.A. No. 89/2024(CZ) News Item titled "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi" appearing in Lalluram.com dated 30.01.2024