The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to illegal extraction of minor minerals like sand and stone from Balson river and Rakti river near Siliguri in West Bengal.
The petition is registered suo-motu on the basis of the news item dated 12.06.2024.
As per the article, those engaged in extracting minor minerals are using the Putinbarie tea estate forcibly and are taking away mounds of earth from vacant stretches on the plantation.
The article alleges that this is affecting the garden’s roads. The workers at the tea estate have claimed that when restricted the mining, mafia retorts to threats and intimidation.
The article highlights that because of unscientific digging of vacant land which is close to the river bank, water from the river is flooding tea plantations and eventually affecting the production of tea.
It is alleged that the garden is already under distress because of low yield and some other issues. Now if such activities continue in the garden, it would pose a question over the sustenance of Putinbarie estate.
The above matter indicated Bench violation of the Sustainable Sand Mining Guidelines, 2016 and the provisions of The Environment (Protection) Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“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 , Dr. A. Senthil Vel and Dr. Afroz Ahmad impleaded the following as respondents in the matter:
(i) Central Pollution Control Board, Through its Member Secretary.
(ii) West Bengal Pollution Control Board, Through its Member Secretary.
(iii) Ministry of Environment, Forest and Climate Change.
(iv) District Magistrate, Darjeeling.
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 24.09.2024.