NGT takes suo motu note of shrinkage of island near Mangalore due to illegal sand mining

The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the shrinkage of Pavoor Uliya Kudru near Magalore, Karnataka due to illegal sand mining.

The Petition is registered suo-moto on the basis of the news item dated 25.06.2024.

As per the article, Pavoor Uliya Kudru, a small island in the Netravati River between Pavoor and Adyar, is facing severe erosion and reduction in size due to illegal sand mining. The island has dramatically reduced from 80 acres and 2 kilometers in length to 40 acres and 1 kilometer. Despite repeated complaints from local residents, no significant action has been taken by the authorities. 

The news item highlights the primary cause of the island’s shrinkage to be relentless illegal sand mining. The illegal sand mining has led to the reduction of the island’s size, threatening its very existence, especially during potential major floods. The residents, primarily dependent on agriculture and external jobs, are losing their land and means of livelihood due to the shrinking island. The local community feels overpowered by the sand extractors’ money and muscle power, leading to a pervasive sense of fear and insecurity. A temporary bridge built by residents was damaged by sand smugglers, complicating transportation and connectivity for the island’s inhabitants. The number of families residing on the island has decreased from over 50 to 35, indicating a significant impact on the community’s stability.

The above matter indicated Bench violation of the provisions of the Environment Protection Act, 1986 and the Sustainable Sand Mining Guidelines, 2016.

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, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:

i. Central Pollution Control Board, Through its Member Secretary. 

ii. Karnataka Pollution Control Board, Through its Member Secretary. 

iii. National Centre for Sustainable Coastal Management, Through its Director MOEF&CC. 

iv. Ministry of Environment and Forest, Through its Regional Office.

v. Deputy commissioner, Dakshina Kannada .

The Bench issued notice to the Respondents.

Since the matter relates to the Southern Zonal Bench, Chennai, therefore, the Bench transferred the matter to the Southern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 30.09.2024.

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