National Green Tribunal
News Item Titled "Illegal Miners ... vs Item No. 18 Court No on 22 January, 2025
Item No. 18 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 1193/2024
News Item titled "Illegal miners attempt to run over trainee IAS officer at
U.P.-Uttarakhand border" appearing in the Hindustan Times dated
26.09.2024
Date of hearing: 22.01.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Respondent: Mr. Ankit Verma, Adv. for the State of UP
Mr. Narender Pal Singh & Ms. Anjali, Advs. for MoEF & CC
Mr. Amit Singh Chauhan & Ms. Shaima Masood, Advs. for CPCB
Mr. Anurag Kumar, proxy counsel for Mr. Bhupendra Pratap Singh, Adv.
for UPPCB (Through VC)
ORDER
1. In this original application, registered suo motu on the basis of the news item disclosing that in the process of stopping the illegal sand mining, there was an attempt to run over a trainee IAS officer, posted as the Joint Magistrate in Sadar Tehsil, Moradabad.
2. The news item reveals that illegal sand mining was going on in Thakurdwara region for many years and when there was an attempt by the State officials to stop it, the persons involved therein had attempted to run over the State officials by using tractors.
3. Considering the issue relating to illegal mining involved in the matter the Tribunal on 27.09.2024 had impleaded the respondents and issued notices.
4. Learned Counsel for the State of U.P. submitted that no illegal mining has taken place and only some ordinary sand was dug. We find such a stand of the State to be contrary to material on record especially 1 when the FIR dated 23.09.2024 (page 193) was registered, mentioning about the illegal mining and the attempt to run over the officials of the State.
5. The District Magistrate, Moradabad has also filed the reply mentioning as under:
"6. That the alleged unfortunate incident occurred on 22.09.2024 at around 10:00 PM in village- Bhojpur Dharmpur Tehsil Sadar, District Moradabad at Gata no. 85k admeasuring area of 3.582 hectares.
7. That a local villager complained about illegal mining/transportation of soil from the bank of River Dhela on 22.09.2024. A call was received on the CUG Mobile Number- 9454416868 of the Sub Divisional Magistrate Sadar District Moradabad.
8. That upon receiving the call, the Sub Divisional Magistrate along with the Tehsildar Sadar (Ram Veer Singh) and Police Force from Bhojpur Police Station immediately reached the alleged area from where the complaint regarding illegal soil mining/transportation was reported and further inspected the area.
9. That during the inspection, it was observed that two tractor trolleys bearing registration number UP21 AB 7772(Owner- Anees Ahmed S/o Raisuddin R/o Mohalla Dharmpur Anga, Bhojpur Dharmpur) and UP21 DB 8850 (Owner Naimuddin S/o Anees) resident of the neighbouring of alleged area were being used for illegal transportation of mined soil.
10. That when an attempt to stop the illegal soil mining which was being carried out by unknown persons (local villagers) who were on two tractor trolleys was made by the officials of the District Administration, they tried to flee away from the alleged area. While they were being chased on the main chak road, the tractor trolleys got stuck in the nearby sugar cane fields from where the accused persons left the trolleys and ran away from the alleged area.
13. That it is submitted that the alleged incident is related to ordinary soil mining. Tehsildar Sadar has reported for necessary action in the aforesaid illegal soil mining via letter dated 23.09.2024. A copy of report is annexed herewith marked as Annexure R-4"
6. The above reply also reflects that illegal mining was in process hence it is difficult to accept the submission that there was no illegal mining.
7. In respect of the aforesaid illegal mining not only the penalty by the Mining Department is required to be levied and those involved in the 2 illegal mining and attempted attack are required to be prosecuted, the State Pollution Control Board is also required to levy environmental compensation upon those who have caused damage to the environment by indulging in such illegal sand mining.
8. The report of the District Magistrate, Moradabad also mentions that in District Moradabad five short-term ordinary earth mining permits have been granted and three leases for less than five hectares . The stand of the District Magistrate, Moradabad is as under:
"14. That in District Moradabad only one perennial River Ram Ganga flows wherein two sand mining leases of area less than five hectares have been granted. Another sand mining lease has been granted in the River Fika which is non perennial. Apart from three sand mining leases no other sand mining leases have been granted/ operational in District Moradabad. A copy of existing sand mining leases in District Moradabad is annexed herewith and marked as Annexure R-5
15. That in District Moradabad, five short term ordinary earth mining permits, validity period of maximum 1 month, are currently operational which caters to the regular construction needs of the various projects of the Centre as well as State Government. A copy of chart showing ordinary earth mining leases is annexed herewith and marked as Annexure R-6"
9. District Magistrate, Moradabad is directed to explain how leases and permits, as mentioned in above paragraphs were issued.
10. Though the UPPCB has filed the reply in the matter but the Counsel appearing for the UPPCB is not in a position to assist the Tribunal as he is not aware of the facts of the case. The reply of the UPPCB in paragraph 7 states that there was no mining carried out in the area concerned on the bank of River Dhela in Moradabad. Such a stand appears to be contrary to the facts disclosed by the District Magistrate, Moradabad.
311. Hence, we require the Member Secretary, UPPCB to appear virtually on the next date and assist the Tribunal.
12. List on 05.05.2025.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. Afroz Ahmad, EM January 22, 2025 O.A No. 1193/2024 HB..
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