The National Green Tribunal (NGT) took Suo Motu cognizance of the matter of illegal sand mining in Mahuatand under Bermo sub-division of Bokaro district (Jharkhand).
The Petition is registered suo-moto on the basis of the news item appearing in the daily newspaper dated 19.12.2023.
As per the news item, in Mahuatand hundreds of tractors are involved in transporting the illegally mined sand and this activity goes on throughout the night even making it difficult for the residents to sleep and the students to study and is also causing serious noise pollution. The news item discloses that such trucks containing illegally mined sand cross through Putka Heed, Barki Punu, Tirla and Mahuatand and such illegally mined sand is sold at a very high rate.
The news item raises substantial issue relating to compliance of the 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.”
Hence, the Principal Bench of Justice Prakash Shrivastava and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(i) Jharkhand State Pollution Control Board, through its Member Secretary
(ii) Central Pollution Control Board, through its Member Secretary
(iii) Deputy Commissioner/District Magistrate, Bokaro
Submission of counsel for the Respondent no. 2 i.e. Central Pollution Control Board (CPCB) is that in compliance of the direction of the Tribunal the guidelines have been framed by the CPCB and it is primarily the responsibility of the State authorities to control the illegal mining and the CPCB has limited capacity therefore it cannot regulate it. CPCB is directed to clarify its stand by filing a detailed report.
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 28.05.2024.