The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the alleged encroachment over thousands of bighas of government pasture land in Dausa, Rajasthan, due to the connivance and negligence of those responsible.
The Petition is registered suo-moto on the basis of the news item dated 30.05.2024.
Further, the newspaper alleges that illegal soil mining under the Nangal sub-division is continuously being carried out, which the newspaper states won’t be possible without the direct collusion of low-level officers.
According to the article, the villagers in “Bagh ki Dhani” and “Dhani Nagori” filed a complaint about this; however, the responsible officials took minimal action.
The newspaper alleges that following the villagers’ complaints, the tehsildar responsible made a mere appearance without taking any real action.
The paper highlights that it has become common to see trucks loaded with gravel, soil and stones on the roads during the day.The current government banned illegal mining, and various departments were involved at the state and district levels in forming an SIT. However, the article alleges that some officials have defied the government’s directives and are colluding with the mining mafia.
The above matter indicated Bench violation of the Environment Protection Act of 1986 and the Public Liability Insurance Act of 1992.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Ministry of Environment, Forest and Climate Change.
ii. Central Pollution Control Board, through its Member Secretary .
iii. Rajasthan State Pollution Control Board.
iv. District Magistrate, Dausa Collectorate.
The Bench issued notice to the Respondents.
Since the matter relates to the Central Zonal Bench, Bhopal, therefore, the Bench transferred the matter to the Central Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Central Zonal Bench and the matter is listed on 10.09.2024.