The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to erecting of walls in the Subarnarekha river by lease holders from West Bengal, thus changing the course of the water body towards the habitation of residents in Gopalpur, Rajnagar and other adjoining villages in Jaleswar of Balasore district of Odhisa.
The Petition is registered suo-motu on the basis of the news item dated 16.05.2024.
As per the article, lease holders are doing so to facilitate lifting of sand from the area.
It is alleged that till now around 15 walls have been erected in the river.
The article states that the lease holders claim they have received permission from the West Bengal government to lift sand from the area, residents of Gopalpur and Rajnagar claim that the locality comes under Odisha.
The article highlights that the sand walls led to change in course of the river towards the residential area apart from facilitating illegal lifting of sand by the mafia who then transported them to West Bengal. It is alleged that though the area comes under Odisha, neither the state government nor the district administration does anything to stop such illegal practices.
The article claims that 75 pillars were erected to demarcate the border between Odhisa and West Bengal, However some places were left out as the Subarnarekha river flows through them. Since both the state governments haven’t been paying any heed, these mafia are taking advantage of the situation and are illegally lifting sand leading to loss of crores of rupees of revenue.
It further alleges that the West Bengal government had allowed lease holders to lift sand from the river near Bemula village which comes under Datan of West Midnapore district. A joint survey by both Odisha and West Bengal governments was conducted in 2017 on the area which revealed the place had already submerged under the river. Since the lease holders are unable to lift sand from the said location at Datan, they are forcibly entering Odisha and illegally lifting sand by constructing walls.
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 and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
(i) Central Pollution Control Board, through its Member Secretary.
(ii) Odisha State Pollution Control Board, through its Member Secretary.
(iii) West Bengal Pollution Control Board, through its Member Secretary.
(iv) Ministry of Environment, Forest & Climate Change.
(v) Ministry of Environment, Forest & Climate Change.
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 17.09.2024.