The National Green Tribunal directed the Regional Officer, Ministry of Environment, Forest and Climate Change, Lucknow to find out, if any, illegal mining of soil is in progress or has been done at Village Katha and Mavikala and submit the report before the Registrar General of the Tribunal within two months.
The Principal Bench of Justice Prakash Shrivastava and Dr. A Senthil Vel disposed of a Suo Moto Petition registered on the basis of the news item appearing in the daily Newspaper dated 15.02.2024.
The news item relates to alleged illegal soil mining in Katha Village in Baghpat District of Uttar Pradesh. As per the news item, soil mining by using JCB and trucks at Village Katha and Mavikala is in progress and the villagers are agitating against the same. It also discloses that in the Badaut area, officers had conducted raid on receipt of information about illegal soil mining and it was revealed that illegal mining was done by some people and action is being taken against them.
The news item raises substantial issue relating to compliance of the environmental norms.
“Power of the Tribunal to take up the matter suo-motu 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.”
On advance notice, report by District Magistrate, Baghpat has been filed stating that the conditional lease has been sanctioned for mining/transportation of soil for the period from 20.02.2024 to 19.05.2024 in favour of one Private Limited .Hence, the mining is being done as per the mining permission condition.
Having regard to nature of the allegations which are made in the news item and the facts which are disclosed therein, the NGT opined that it is necessary to ascertain the correct position from an independent agency.