The National Green Tribunal (NGT) directed the Member Secretary, Chhattisgarh Environment Conservation Board, Raipur to ascertain the correct position, find out the persons responsible for illegal mining/transportation of sand and take appropriate action of imposition of environmental compensation by duly following the principle of natural justice in accordance with law.
The Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. A Senthil Vel disposed of a Suo Moto Petition registered on the basis of the News Item dated 05.03.2024 related to the alleged sand mining in Gariabad District of Chhattisgarh.
As per the news item, by breaking the Kafar Dam built for the Supawada water supply project, the mafia is illegally transporting sand in the river and making a way to load it on the highway from Mount Chin.
The article alleges that at Senmuda Ghat of Teru River, sand mafia broke the dam made to build a water well and started illegally transporting sand.
It further claims that Kaafar Dam was constructed by bringing in soil from outside before digging water wells to construct the Sanmuda Water Supply Project on the Ter River.
As per the article, in some cases, when complaints were made, contractors were threatened with withholding royalty on sand used in construction work. During the day, the ruling sand mafia illegally transported sand from Mount China through the highway.
It alleges that the former contractor of Karchia mine had received permission from the Mineral Resources Department to dump sand.
The news item states that the sand is sold from there. Similarly, under the pretext of dumping sand, illegal mining and transportation of sand is done from shifting ghats.
The news item raises substantial issue relating to compliance of the environmental norms.
“Power of the Tribunal to take up the matter suo-motu 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.”
The issue which has been raised in the news item on basis of which the original application has been registered, needs to be duly considered by the Chhattisgarh Environment Conservation Board, Raipur and persons responsible for illegal mining/transportation of sand are to be identified and environmental compensation is required to be imposed upon them for causing environmental damage, the Bench observed.
“Hence, we dispose of the original application directing the Member Secretary, Chhattisgarh Environment Conservation Board, Raipur to ascertain the correct position, find out the persons responsible for illegal mining/transportation of sand and take appropriate action of imposition of environmental compensation by duly following the principle of natural justice in accordance with law.”
The news item also reveals that during the process the sand mafia has broken a dam made to build a water well therefore an appropriate action for the same is also required to be taken by the Member Secretary.
Therefore the Bench directed that the Member Secretary, Chhattisgarh Environment Conservation Board, Raipur would submit an action taken report before the Registrar of Central Zonal Bench, Bhopal within three months.
“If found necessary, the matter will be list for consideration before the concerned Bench. Office is directed to transfer the original record of the OA to Central Zonal Bench, Bhopal”, the order reads.