The National Green Tribunal (NGT) disposed of a Suo Moto Petition relating to alleged illegal excavation, transportation and storage of sand in Dhamtari District, Chhattisgarh.
The Petition is registered suo motu on the basis of the news item appearing in the daily newspaper dated 29.01.2024.
As per the disclosure made in the news item, the Mining Department has taken action for illegal excavation, storage and transportation of sand and have seized two JCB machines and 4 vehicles.
The news item raises substantial issue relating to compliance of environmental norms.
“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.”
The Counsel for the Chhattisgarh Environment Conservation Board (CECB) has informed the NGT that as against the violators, Mining Department has imposed the penalty.
He has further submitted that he will convey to the concerned authorities to examine that in terms of the settled legal position the offence is also required to be registered under the provisions of IPC.
“Since, the illegal sand mining has taken place, therefore, the same must have resulted in environmental damage. Hence, the CECB is required to ascertain the extent of environmental damage caused on account of such illegal mining, the persons responsible for the same and take appropriate action in accordance with law for imposition and recovery of Environmental Compensation (EC)”, the Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. A Senthil Vel observed.
Hence, the NGT disposed of the Petition directing the Member Secretary, CECB to take action in terms of above observations and file action taken report before the Registrar of Central Zonal Bench of the Tribunal within three months. If found necessary, the matter will be listed for further consideration before the Central Zonal Bench, Bhopal. Let the original record be transferred to the Central Zonal Bench, Bhopal , the Bench further directed.