The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the death of an Assistant Sub Inspector by a tractor-trolley used for transporting illegally mined sand in Madhya Pradesh’s Shahdol district.
The Petition is registered suo-moto on the basis of the news item dated 05.05.2024.
As per the article, two persons have been arrested in connection with the incident. It states that The deceased ASI was accompanied by 2 of his colleagues while he was going to arrest the person in some case. On the way, they saw a sand-laden tractor-trolley coming towards their direction and tried to stop it but the driver did not stop and ran over the ASI. A case was registered against the accused on charges of murder and illegal sand mining under provisions of the Indian Penal Code and the Mines Act.
The news item does not reflect that any action has been taken by the State Pollution Control Board for imposition of the EC on account of the damage caused as a result of the illegal mining.
The news item raises substantial issue relating to violation of Sand Mining Guidelines.
“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:
(1). Central Pollution Control Board, through its Member Secretary.
(2). Madhya Pradesh State Pollution Control Board, through its Member Secretary.
(3). District Magistrate, Shahdol .
(4). Director and Chief Information Officer, Directorate of Geology and Mining.
The Bench issued notice to the Respondents.
Since the matter relates to the Central Zonal Bench, Bhopal, therefore, the Bench transferred the matter to the Central Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Central Zonal Bench and the matter is listed on 30.08.2024.