The National Green Tribunal (NGT) took Suo Motu cognizance of the issue that the temporary road was constructed for illegal excavation of the sand.
This Application is registered suo-moto on the basis of the news item appearing in the daily newspaper dated 03.01.2024.
As per the news item, the Revenue Department had found a temporary road allegedly constructed by the sand mafia in Bhamragarh Taluka of Gadchiroli. The said makeshift motorway connects the main road to the riverbed.
It was apprehended that the temporary road was constructed for illegal excavation of the sand as the local residents had confirmed that there was no auction of sand ghats at the river.
It was also expressed that the excavation was done by the sand mafias after constructing unauthorized roads. The news item also mentions that the sand mafia of the Bhamragarh Taluka is rampantly exploiting the beds of three major rivers i.e. Parlakota, Pamulgautam and Indravati which forms a confluence at that spot.
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 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 Original Application:
i. Maharashtra Pollution Control Board through the Member Secretary
ii. Principal Chief Conservator of Forest (HoFF), Maharashtra
iii. Water Resources Department, Government of Maharashtra through the Principal Secretary
iv. Collector and District Magistrate, Gadchiroli
Since the matter relates to the Western Zonal Bench, Pune, therefore , the Bench transferred the matter to the Western Zonal Bench for appropriate further action. Office is directed by the NGT to transfer the original record to the Western Zonal Bench and the matter is listed on 13.03.2024.