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Judgment
This original application is registered in suo-moto exercise of power on the basis of the news item titled “नदी - नालो का सीना किया छलनी, देखे विडिओ रेत का अवैध उत्खनन ” published in Patrika dated 18.12.2023.
The news item states about large scale illegal mining in Tamia area on the river bed, as a result of which the very existence of river and rivulets is in danger and the water level of the rivers is going down. The news item also discloses about the seizure of three tractor loaded with the sand 24 Km away from Tamia and alleges that though openly illegal sand mining is going on but no action is being taken.
The OA involved substantial issue relating to compliance of the environmental norms.
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, we deem it proper to implead the following as respondents in the matter:
(i) Madhya Pradesh Pollution Control Board (MPPCB), through its Member Secretary
(ii) Regional Office (WZ), Ministry of Environment, Forest and Climate Change, Bhopal
(iii) Collector & District Magistrate, Chhindwara
Respondent No. 2 is represented through the counsel today who has sought time to obtain instructions in the matter. Let notice be issued to respondent no. 1 and 3. Respondents are directed to ascertain the factual position on the spot and file their response atleast one week before the appropriate bench.
Since the matter relates to the Central Zone Bench of the Tribunal, therefore, it is transferred to the said bench for appropriate further action. Office is directed to transfer the original record of the OA to the Central Zone Bench, Bhopal.
List before the Central Zone Bench, Bhopal on 26.02.2024.
A copy of this order, along with a copy of the OA, be forwarded to Member Secretary, MPPCB and Collector & District Magistrate, Chhindwara by e-mail for compliance.