The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the closure of a bridge on the Swan river, connecting Nangal with Garhshankar due to indiscriminate sand mining causing residents of at least 200 villages in Ropar, district Rupnagar (Punjab) to take a detour of 30 km.
The Petition is registered suo-moto on the basis of the news item dated 10.04.2024.
The article alleges that it has been three months since the bridge was closed, leaving no choice with people living in these villages and Nangal town in Ropar but to cross over to Himachal Pradesh and pay an entry fee, while travelling an extra 30 km, to reach Garhshankar in Hoshiarpur district.
The article further alleged that upon a visit to the span of Swan, a tributary of the Sutlej, it was found that the traffic had found a way to bypass the bridge by driving through the river bed.
It also claims that the authorities were informed several times about the mining taking place in the area, that is way above the permissible limit and can threaten the pillars of bridge and that craters more than 30 meters deep were formed on the river bank. However no action was taken.
According to the article, the foundation of the bridge was also exposed due to mining and subsequent corrosion of the bank. Finally, the foundation suffered damage towards the Garshankar site.
According to the article, illegal mining was going on in some villages at odd hours, with the list of villages in Gurdaspur, Pathankot, Jalandhar, Taran Taran, and Hoshiapur districts.
The article alleges that as per the residents floodwater enters their villages as the river embankments have weakened due to mining. The groundwater level has gone down from 20 feet to 100 feet. Water seepage is damaging their properties. Besides, houses sink in now and then.
It further claims that the physical effects are to be seen by everyone, but psychological effects are not visible. The very sight of huge machines quarrying sand and strange people involved in the business taking sand away had its own psychological effects.
The above news item indicated Bench violation of the Sand Mining Guidelines, 2016 and the provisions of 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, the Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(i) Punjab Pollution Control Board, through its Member Secretary.
(ii) Central Pollution Control Board (CPCB), through its Member Secretary.
(iii) Ministry of Environment, Forest and Climate Change.
(iv) Deputy Commissioner/District Magistrate, Rupnagar.
The Bench directed the Respondent No. 2, Member Secretary, CPCB to get the spot inspection done and ascertain the extent of illegal mining in the area concerned and submit the report before the Tribunal atleast one week before the next date of hearing .
The NGT issued notice to the respondents and listed the matter on 28.08.2024.