National Green Tribunal
News Item Titled Sand Mafia Is Taking ... vs The State Of Goa Through Goa State ... on 17 October, 2024
Item No.6 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No.84/2024 (WZ)
Earlier Original Application No.276/2024 (PB)
NEWS ITEM TITLED "SAND MAFIA IS TAKING COMPLETE
CONTROL OF ILLEGAL RIVER SAND MINING" APPEARING
IN O HERALD DATED 13.02.2024
Date of hearing: 17.10.2024
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Respondents : Mr. Manish Salkar, Advocate for R-1/GSPCB
Mr. Aniruddha Kulkarni, Advocate for R-2/CPCB
Shri Nalin Kohli, Senior Advocate along-with
Ms. Ruchira Gupta, Advocate for R-4/Dist. Collector
ORDER
1. In pursuance of our previous order dated 07.08.2024, the respondent No.4- Collector & District Magistrate, South Goa, being represented today by the learned Senior Counsel Shri Nalin Kohli along- with learned counsel Ms. Ruchira Gupta, has filed reply affidavit dated 10.10.2024, in which it is made clear that a PIL Writ Petition No.14 of 2018 was instituted before the Hon'ble High Court of Bombay at Goa, wherein one of the reliefs sought by Petitioners was 'Remedial measures to be adopted by State and its agencies to prevent and control illegal Sand mining in the State of Goa'. In the said PIL, vide order dated 31.07.2018, the Hon'ble High Court had passed following direction:-
"10. Accordingly, as a first step, we direct that a flying squad, if not already set up, he set up within a period of six weeks from today. A flying squad should have a functional boat for its effective monitoring."Page 1 of 4
2. Thereafter, the Hon'ble High Court vide order dated 12.09.2018 noted the compliances reported, particularly, in respect of the constitution of the Flying squads and their operations and it was observed in the said order as follows:-
"2. The learned advocate General states in compliance with the order dated 10 September 2018, flying squad has been constituted. The flying squads which were constituted for Pernem, Bardez, Tiswadi, Bicholim, Sattari and Ponda Taluka vide order dated 22 August 2013 have been revived and letter has been issued on 10 September 2018.
3. Learned Advocate General further states that in addition to the flying squads earlier mentioned, vide order issued yesterday the Director of Mines and Geology has constituted similar flying squads for Salcete, Sanguem, Quepem, Dharbandora, Canacona and Mormugao Taluka. Learned Advocate General states that yesterday the Deputy Director, Mines and Geology has designated the officials from the Directorate of Mines and Geology on the Taluka wise flying squads and the list of such officers along with their telephone numbers is issued."
3. Thereafter, the Hon'ble High Court disposed of the said petition vide order dated 18.12.2019 observing as under:-
"38 (c). The State and its authorities, in the first instance, shall ensure that the illegally mined sand stacked on the river banks or on plots close to the river banks is put back into the river or used for the purpose of replenishment of the areas, where erosion has taken place on account of indiscriminate sand mining or other natural causes. The expenses for this will have to be initially borne by the State and its agencies. However, the State and its agencies, should invariably recover such expenses from those found involved in illegal sand mining at the site.
d. If, for some reason such restoration or replenishment as aforesaid is not feasible, the State, may use the confiscated sand, gravel and other material for public projects, after maintaining proper records and following due procedures. The maintenance of such records is absolutely necessary, as otherwise, there is a tendency for such confiscated material to find its way into unauthorized markets, looking to the demand for the material, particularly from the real estate or construction industry.
e. The State should launch prosecution against those, found to be illegally extracting sand and other natural resources. For the purpose, the First Information Reports should be filed by invoking the appropriate provisions of the IPC and such prosecution should be pursued with all seriousness and taken to their logical conclusions.Page 2 of 4
The State, must not, rest only with prosecution under the MMDR Act or the Goa Minor Mineral Concessions Rules, 1985, since, we find that most of these prosecutions, end up with levy of paltry penalties and fines upon those indulging in illegal extraction of sand and gravel from the riverbeds and river banks."
4. In compliance with the above-mentioned orders of Hon'ble High Court, what steps were taken by the State authorities have also been cited in their affidavit by the respondent No.4.
5. Lastly, it is submitted in this affidavit by the respondent No.4 that in pursuance of the directions issued by the Hon'ble High Court, requisite steps have already been taken by the Answering Respondent to curb the incidents of illegal sand mining.
6. During argument, the learned Senior Counsel for respondent No.4 has also brought to our notice that a Contempt Petition No.06/2021 in PIL Writ Petition No.14/2018 has been filed, which is still pending before the Hon'ble High Court. Therefore, it is prayed by him that since in the present matter, cognizance has been taken by the Principal Bench suo moto on the news item titled "sand mafia is taking complete Control of illegal river sand mining" which came out in the newspaper O Herald dated 13.02.2024 and in the same very matter, the Principal Bench had also taken suo moto cognizance of similar news item in Original Application No.113/2024, which had been disposed of by the Principal Bench of this Tribunal vide order dated 07.02.2024 holding therein that since the Hon'ble High Court of Bombay is already considering this issue, we do not deem it proper to proceed further in the matter and the said matter was disposed of. Therefore, it is prayed by the said learned senior counsel that likewise in the case in hand also, this Tribunal may pass similar order and close the proceedings as the matter is pending consideration before the Hon'ble High Court.
Page 3 of 4
7. We are convinced with the suggestion given by the learned senior counsel for respondent No.4 and deem it appropriate not to proceed further in this matter and dispose of this application accordingly, as the matter is already pending consideration before the Hon'ble High Court in the above-mentioned contempt proceeding.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM October 17, 2024 Original Application No.84/2024 (WZ) Earlier Original Application No.276/2024 (PB) P.Kr Page 4 of 4