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Judgment
This Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as “NGT Act, 2010”) has been registered suo-motu based on a news item published in „The Hindu Bureau‟ on 18.11.2023 under the title “Illegal sand mining in Godavari River poses a threat to Sir Arthur Cotton Barrage”.
The report says that huge illegal mining is going on inside River Godavari adjacent to Sir Arthur Cotton Barrage particularly at Ballanka area in Kadiyapu Lanka. Heavy machines have been deployed for mining activities and no valid mining contract is subsisting which shows that the entire mining is totally illegal.
Allegations do give rise to substantial question relating to environment arising due to implementation of scheduled enactment under NGT Act, 2010, but before taking any further action in the matter, we find it appropriate to obtain a factual report for which we constitute a joint committee comprising Andhra Pradesh Pollution Control Board, District Magistrate, East Godavari, Central Pollution Control Board and a senior officer nominated by Additional Chief Secretary/Principal Secretary, Irrigation Department of the State of Andhra Pradesh.
Nodal agency shall be District Magistrate, East Godavari.
The said Committee shall visit the site, collect relevant information with all relevant material and submit a factual report within 2 months.
Since the matter falls within the jurisdiction of Southern Zone Bench of the Tribunal, let the record be transmitted to the said bench for further proceedings.
List this matter before Southern Zonal Bench, Chennai on 28.02.2024.
A copy of this order be forwarded to Andhra Pradesh Pollution Control Board, District Magistrate, East Godavari, Central Pollution Control Board and Irrigation Department of State of Andhra Pradesh by e-mail for compliance.