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Judgment
This original application has been registered under Section 14 & 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) on a letter petition received on 07.02.2023 from Dy. Inspector General, State Vigilance Bureau, Panchkula, Haryana.
It is said that a surprise check was conducted on the site of M/s. Tirupati Roadways Mine at Village Ratewali on 11.05.2022. During surprise check, several documents i.e. daily status report from 5.5.2022 to 11.5.2022 of total number of 1868 outgoing trucks/dumpers and details of 518 E-ravana bills, material out register and material in register were taken in police possession. Scrutiny of documents and records revealed that during period of five days from 5.5.2022 to 11.5.2022, a total number of 1868 trucks/dumpers were found to be taking out the material, whereas bills mentioning GST and Royalty etc. of only 518 trucks/dumpers were found to be issued.
Further, on 13.05.2022, in the presence of officials of Mining Department, Panchkula, survey of said site at M/s. Tirupati Roadways Mine at Ratewali, Panchkula was conducted by officials of HARSAC, Gurugram to verify as to how much volume of material has been extracted from the said mine. Vide report dated 6.6.2022 of Principle Scientist, HARSAC, Gurugram, total volume of mineral extracted was reported to be 4766079.68 MT.
It is said that since prima-facie offence under sections 379, 414, 420 of IPC, Section 21 and 4 of MMDR Act and 13(1)(a) of Prevention of Corruption Act, 1988 has been found to be committed, FIR was registered at Police Station read with 13(1)(d) of PC Act State Vigilance Bureau, Panchkula, Haryana.
This letter has been sent to this Tribunal with request for taking further action regarding fine/penalty against M/s. Tirupati Roadways Mine, Ratewali, Panchkula. It is also said that total mineral extracted is six times more than the permissible limit causing a loss of about Rs. 35 Crores of revenue to the Government.
In our view, the letter sent to this Tribunal is thoroughly misconceived inasmuch as for criminal action it is admitted that FIR has already been registered. The penalty under MMDR Act can be imposed by Mining Department and environmental compensation, if any, can be imposed by State PCB.
No issue relating to environment requiring interference of this Tribunal under Sections 14 and 15 of NGT Act, 2010 has been raised.
Accordingly, this application is disposed of.