The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the illegal sand mining being done in the Chandauli District of Uttar Pradesh.
The Petition is registered suo-moto on the basis of the news item dated 13.04.2024.
As per the news item, illegal sand mining is still going on in the Padav and Niyamatabad areas in the Chandauli District.
The news item discloses that during an investigation in Kunda Khurd village, one JCB machine and seven tractor-trolleys were seized and taken into custody.
The news item states that as the investigating officers arrived at the site, people driving these vehicles fled from there.
The news item raises substantial issue relating to compliance of the environmental norms, especially compliance of Sustainable Sand Mining Guidelines, 2016 and the Environment (Protection) Act, 1986.
“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 , Justice Arun Kumar Tyagi and Dr. Afroz Ahmad impleaded the following as respondents in the matter:
(1). Uttar Pradesh Pollution Control Board, through its Member Secretary.
(2). Central Pollution Control Board, through its Member Secretary.
(3). Ministry of Environment, Forest and Climate Change.
(4). District Magistrate, Chandauli.
The NGT issued notice to the respondents for filing their response at least one week before the next date of hearing on 06.09.2024.
Respondent No. 1, UPPCB is directed by the NGT to file a comprehensive report in respect of illegal mining in the area under consideration and the action taken by the UPPCB for imposition of environmental compensation against those who have caused damage to the environment by such illegal mining.