The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the erosion of the banks of Rongai Valley project in Chibinang in West Garo Hills, Meghalaya.
The Petition is registered suo-moto on the basis of the news item dated 29.06.2024.
As per the article, the water of the Rongai River continues to make inroads by taking away more and more soil every time the river is in full flow.
The article alleges that this is taking place due to a barricade that has been placed in the middle of the river near the place where the main dam of the project was envisioned many decades ago. Furthermore, uncontrolled and illegal sand mining from the same river has also contributed to the problem.
The news item asserts that large chunks of land have been washed away along the banks.
It is stated that every year, due to this barricade, the flow of the river is disturbed and it puts huge pressure on the banks nearby. This has led to erosion and loss of land.
The article claims that the barricade has created an artificial island as no water has been flowing beyond it. It states had the natural flow of the water been maintained, the flow of water would have been smoother and less dangerous to those who live nearby. Erosion could have been stopped with just a few measures.
The article also highlights the continuing illegal sand mining taking place in the river putting a lot of pressure on the river.
The above matter indicated Bench violation of the provisions of the provisions of Water (Prevention and Control of Pollution) Act, 1974; Environment Protection Act, 1986 and the Sustainable Sand Mining Guidelines, 2016.
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. Central Pollution Control Board, Through its Member Secretary .
ii. Meghalaya State Pollution Control Bard, Through its Member Secretary.
iii. Ministry of Environment, Forest and Climate Change.
iv. Deputy Commissioner, West Garo Hills .
The Bench issued notice to the Respondents.
Since the matter relates to the Eastern Zonal Bench, Kolkata, therefore, the Bench transferred the matter to the Eastern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Eastern Zonal Bench and the matter is listed on 24.09.2024.