The National Green Tribunal (NGT) directed the Member Secretary, Chhattisgarh Environment Conservation Board to duly consider the issue of illegal sand mining being done at the Balod Pod Sand Mine located in the Balod District of Chhattisgarh and take appropriate remedial action and file action taken report before the Registrar of Central Zonal Bench of the Tribunal.
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 same issue.
The news item discloses that the Mining Department had conducted a raid in the mine and seized chain mountain and four Hyva trucks.
The news item further states that the people operating at the site broke the lock of chain mountain on the very next day and started operating the machine.
It also states that at the time of the raid, the driver had escaped leaving the car in running condition towards the team of Mineral Department and such incidents are happening in the area.
The news item raises substantial issue relating to compliance of the environmental norms, especially the compliance of Sustainable Sand Mining Guidelines, 2016 and the Environment Protection Act, 1986.
“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 Bench observed that the news item does not reflect any action taken by the Chhattisgarh Environment Conservation Board for tracing out the persons responsible for illegal sand mining which has resulted in damage to the environment and also any action taken by the Board for levy of environmental compensation on such violators.
“Hence, we direct the Member Secretary, Chhattisgarh Environment Conservation Board to duly consider the above issue and take appropriate remedial action and file action taken report before the Registrar of Central Zonal Bench of the Tribunal. If found necessary, the matter will be listed before the Central Zonal Bench for consideration. Let the original record of the OA be transferred to Central Zonal Bench, Bhopal”, the order reads.