The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the deteriorating condition of the Bhogdoi River, that flows through Jorhat city in Assam due to illegal sand excavation.
The Petition is registered suo-moto on the basis of the news item dated 29.03.2024.
As per the article, the unchecked exploitation of sand resources has not only resulted in severe environment degradation but has also altered the course of the river.
The article alleges the complicity of various individuals and entities, accusing them of profiting from illegal sand mining activities while disregarding the detrimental impact on the environment.
The above news item indicated the 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) Assam State Pollution Control Board, through its Member Secretary.
(ii) Central Pollution Control Board (CPCB), through its Member Secretary.
(iii) District Commissioner/District Magistrate, Jorhat.
The Bench issued notice to the Respondents.
Since the matter relates to the Eastern Zonal Bench, Kolkata , therefore, the Bench transferred the matter to the Eastern Zonal Bench , for appropriate further action. Office is directed by the NGT to transfer the original record to the Eastern Zonal Bench and the matter is listed on 30.07.2024.