The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the rampant illegal sand mining taking place in various villages of the Arang area in Raipur district of Chhattisgarh.
The Petition is registered suo-moto on the basis of the news item dated 11.04.2024.
As per the article, the sand mafia is fearlessly endangering the existence of Mahanadi, also called as the ‘lifeline of Chhattisgarh’ by extracting uncountable amounts of sand from the river day and night.
The article alleged that illegal excavation of sand is going on in many villages situated on the banks of Mahanadi including village Paragaon, Ratakat, Gaurbhat, Hardidih, Kutela, just five kilometers away from Arang, but Raipur Mineral Department and local administration are not paying attention to this. It states that in Kurud village, about 25 km from Arang, the authorities have seized a chain mounting machine and 4 sand-filled hives. Whereas on the same day, sand was being taken out from Mahanadi through four chain mounting machines in Paragaon without any fear, along with this, illegal transportation of sand was also being done through about 50 to 60 highways.
The above news item indicated the Bench violation of the Sand Mining Rules, 2016 and the 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, Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(i). Chhattisgarh Pollution Control Board, through its Member Secretary.
(ii). Ministry of Environment and Forest.
(iii). Central Pollution Control Board, Through its Member Secretary.
(iv). District Magistrate, Raipur.
The Bench issued notice to the Respondents.
Since the matter relates to the Central Zonal Bench, Bhopal, therefore, the Bench transferred the matter to the Central Zonal Bench , for appropriate further action. Office is directed by the NGT to transfer the original record to the Central Zonal Bench and the matter is listed on 16.07.2024.