The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to illegal mining being done in the Kangra district of Himachal Pradesh.
The Petition is registered suo-moto on the basis of the news item dated 13.05.2024.
As per the article, mining mafias have even started using government lands to do illegal mining.
It states that some parts of Gochar land falling in Kudsan village Panchayat adjacent to Indora, has been encroached by illegal construction and now the mining mafia is openly using JCB on this land.
The news item highlights that illegal mining is at its peak in Indora tehsil of Kangra district.
It further highlights that the concerned authorities are not taking any kind of action to stop such illegal activity in the territory.
The above matter indicated Bench violation of the Environment Protection Act, 1986 and Sustainable Sand Mining Management 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. Himachal Pradesh Pollution Control Board, Through its Member Secretary.
ii. Central Pollution Control Board, Through its Member Secretary.
iii. Integrated Regional Office (IRO), Ministry of Environment, Forest and Climate Change (MoEFCC).
iv. Deputy Commissioner, Kangra .
The Bench issued notice to the Respondents and listed the matter on 24.09.2024.