The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the alleged illegal sand mining taking place in Karur district of Tamil Nadu.
The Petition is registered suo-moto on the basis of the news item dated 25.06.2024.
As per the article, while the sand quarries on the riverbed of the Cauvery and the Kollidam rivers remain closed, illegal sand mining continues in a few areas in Karur.
The article highlights that illegal sand mining is taking place at various points from the Cauvery river. Though there is no activity during daytime, the habitual sand miners indulge in smuggling of sand between 11 p.m. and 5 a.m.
It states that bullock carts are being used to bring loads of sand at secluded places and offload. The sand is subsequently loaded onto the lorries to transport it to the needy places. In some areas, the lorries are driven to the riverbed to smuggle sand. Furthermore, illegal sand mining is taking place at various points from the Cauvery river. Though there is no activity during daytime, the habitual sand miners indulge in smuggling of sand between 11 p.m. and 5 a.m.
It states that Maravapalayam, Noyyal, Thottakurichi, Mettupalayam, Seventhipalayam, Nanniyur, Vangal, Mallampalayam, Kulithalai, Mayanur, Nerur South and Nerur North are among the places, where illegal sand mining is taking place. The article highlights that complaints had been lodged with various authorities against those indulging in sand smuggling. But no action was taken against any of the habitual smugglers.
The above matter indicated Bench violation of the Sand Mining Guidelines, 2016 and the provisions of The Environment (Protection) Act, 1986.
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 , Dr. A. Senthil Vel and Dr. Afroz Ahmad impleaded the following as respondents in the matter:
(i) Tamil Nadu Pollution Control Board, Through its Member Secretary.
(ii) Central Pollution Control Board, Through its Member Secretary.
(iii) Ministry of Environment, Forest and Climate Change.
(iv) District Collector, Karur.
The Bench issued notice to the Respondents.
Since the matter relates to the Southern Zonal Bench, Chennai, therefore, the Bench transferred the matter to the Southern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 23.09.2024.