The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to illegal sand mining which is going on on the Bank of Gulfula river near Kusumi in Balrampur District of Chhattisgarh.
The Petition is registered suo-moto on the basis of the news item dated 21.02.2024.
As per the news item, illegal mining in Gulfula river by use of tipper vehicles, 407 vehicles, tractors, etc. is going on and illegally mined sand is used by the nearby brick kiln and also in the construction activity.
The news item states that the sand mafia is collecting the illegally mined sand at one place and by using the Hyva, they transport it to other parts of the State and this activity of illegal mining has been going on for the last several days.
It is also disclosed that the illegal mining is within the knowledge of the Mining Department, but no action is being taken.
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.”
Hence, the Principal Bench of Justice Prakash Shrivastava and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(1). Central Pollution Control Board through its Member Secretary.
(2). Chhattisgarh Environment Conservation Board, Raipur, through its Member Secretary.
(3). Collector and District Magistrate, Balrampur.
The Counsel for Respondent No. 2 has informed the Bench that in the State of Chhattisgarh, Mining Department is a nodal agency for collecting the environmental compensation. Hence, the NGT implead the following as additional respondent:
(4). Mining Department, State of Chhattisgarh through the Secretary.
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 12.07.2024.