The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the alleged illegal mining which is taking place near the Aung police station area in Fatehpur district, Uttar Pradesh.
The Petition is registered suo-moto on the basis of the news item dated 02.03.2024.
The news item refers to a viral video showing that the trees, plants and hills are being destroyed on account of illegal mining. It also discloses that the illegal mining is affecting the environment and on account of such illegal mining the agricultural land is shrinking.
It also discloses that a big area of the forest department is in Ashapur – Abhaypur village and by illegal mining the forest area is also being destroyed.
The complaint is about mining upto the depth of 25-30 feet by one local leader of Abhaypur.
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 and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(i) Uttar Pradesh Pollution Control Board, through its Member Secretary, Building No. TC-12V, Vibhuti Khand, Gomti Nagar, Lucknow – 226 010
(ii) Central Pollution Control Board, through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi – 110 032
(iii) Ministry of Environment, Forest and Climate Change, Regional Office (CZ), Kendriya Bhawan, 5th Floor, Sector ‘H’ Aliganj, Lucknow – 226 020
(iv) District Magistrate, Fatehpur, DM Office, Collectorate Campus, Fatehpur – 212 601
The Bench issued notice to the Respondents.and listed the matter on 21.08.2024.