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Judgment
Proceedings in this matter have been initiated suo-motu in light of media report of illegal sand mining in Karimnagar District of Telangana, wrongly mentioned as Andhra Pradesh in the media report.
Vide order dated 01.04.2022, a factual and action taken report was sought from District Magistrate, Karimnagar and Telangana State PCB.
In pursuance of above, report has been filed by the joint Committee on 12.11.2022 to the effect that joint inspection was conducted on 10.11.2022. While no illegal mining was found at the time of inspection, six illegally transporting tractors were caught during 2020-21 for which penalty of Rs. 5000/- against each of the tractors was levied. The documents annexed show particulars of the persons against whom action has been taken in 2021-22 and thereafter as follows:-
“
2021 Regular Sand Cases detailes of Shankarapatnam Mandal
S.NO
.
Cr.No.
Date
Name
Father Name
Village
Amount in Rs.
Date
1
C.No. 28/E6/2021
25-02-2021
Ranapally Sampath
Kanukaiah
Janagampalli
5000
25-02-2021
Kolipaka Sadalah
Kanukaiah
Mallareddypali
5300
25-02-2021
Bhooma Rahul
Sammaiah
Gaddapaka
5000
25-02-2021
Boosa Kartbik
Shankar
Yeradapally
5000
25-02-2021
Nuniganti Raju
Jaggaiah
Gaddapaka
5000
25-02-2021
Somldi Upender
Sammaiah
Gaddapaka
5000
25-02-2021
Purella Ravinder
Rayamallu
Gaddapaka
5000
25-02-2021
Pidemalla Veerasvva:ny
Kanukaiah
Gaddapaka
5000
25-02-2021
Total
40000
2
C.No. 29/E6/2021
26-02-2021
Ramidi Sampath
Ramreddy
Challur
5000
26-02-2021
Total
5000
3
C.No. 06/E6/2021
11-01-2021
Elkapalli Pranay Kumar
Rajalah
Janagampalli
5000
11-01-2021
Poodari Ramesh
Veeraiah
Janagampalli
5000
11-01-2021
Shivarathri Sampath
Paramesh
Janagampalli
5000
11-01-2021
Total
15003
4
C.No. 10/E6/2021
2,901.2021
Gajula Sravankumar
Sayamsam
Challur
5000
29-01-2021
Upparaveni Ashok
Sadalah
Challur
5000
29-01-2021
Dasarapu Prabhakar
Yellaiah
Challur
5000
29-01-2021
Total
15000
5
C.No. 29/E6/2021
03-03-2021
Dulam Mahender
Mallaiah
Mallareddypali
5000
03-03-2021
Kurre Srldhar
Raju
Mallareddypali
5000
03-03-2021
Total
10000
Grand Total
85000
2022 Regular Sand Cases detailes of Shankarapatnam Mandal
S.No.
Cr.No.
Date
Name
Father Name
village
Amount Date in Rs.
1
C.No.
56/E6/2022
09-01-2022
Shivarathi Thirupathi
Kanukaiah
Challur
5000
09.31.2022
Pallapu Raju
Kanukaiah
Challur
5000
09-01-2022
Total
10000
2
C.No.43/E6/2022
21-02-2022
Kuncham Sampath
Yellaiah
Challur
5000
21-02-2022
Shivarathri Srikanth
Sammaiah
Challur
5000
21-02-2022
Kuncham Kumar
Yellaiah
Challur
5000
21-02-2022
Total
15000
Grand Total
25000
2021 Sand Court Cases details of Shankarapatnam Mandal
S.No.
Cr.No.
Date
Name
Father Name
Village
Amount in
Rs.
Date
1
222/2021
28-12-2021
Tandra Prashanth
Veeraprasad
Challur
1770
28-12-2021
2
218/2021
21-12-2021
Uturi Kiran
Chandraiah
Challur
3540
21-12-2021
Gurram Raju
Mogili
Challur
'
3
190/2021
19-11-2021
Neduru Ganesh
Sammalah
Korkal
1770
10-11-2021
Ravanaveni Venkataswamy
Ramulu
Korkal
4
184/2021
10-11-2021
Kolipaka Anil
Rajaiah
Yeradapally
3540 10.11.2021
Pallepu Raju
Kanukalah
Yeradapally
•
Undati Pochaiah
Yellaiah
Yeradapally
Total Amuont
10620
2022- Sand Court Cases details of Shankarapatnam Mandal
S.No.
Cr.No.
Date
Name
Father Name
Village
Amount
in Rs.
Date
1
9/22
28-01-2022
Thanduri Madhu
Shankar
Kannapur
12390
18-01-2022
Kasthuri Rajkumar
Rajaiah
2
34/22
14-02-2022
Nomula Sumith
Raj Reddy
Molangur
1770
23-02-2022
3
36/22
Sayyad Ankus
Kareem
Eradapalli
1770
23-02-2022
4
37/22
Bongoni Harish
Thirupathi
Challur
3540
23-02-2022
Neduru Sampath
Sammaiah
Challur
Kommu Dinakar
Krupaiah
Challur
Utoori Kiran
Chandraiah
Challur
5
38/22
Chityala Raviteja
Rajaiah
Veidhi
3540
02-03-2022
Bandari Saikumar
Ravinder
Laxmipur
Finamaila Shivakrishna
Chandraiah
Veldhi
Gadamalla Srikanth
Narsingam
Veldhi
6
42/22
Pastham Sagar
Ramaswami
Challur
1770
02-03-2022
Mamidi Pawan Kalyan
Sammaiah
Challur
7
45/22
Mamidi Ramulu
Rayamallu
Challur
1770
02-03-2022
Bethoju Raju
Madunaiah
Challur
Mamidi Mondaiah
Rayamallu
Challur
8
47/22
Regula ravi
Sailu
vegurupaili
5310
Katveri kumaraswarny
Rajesham
vegurupaili
nanumala Thirupathi
Narsaiah
veidhi
9
55/2022
15-03-2022
Bathini Veeresham
Kanukaiah
veidhi
3540
Ramagiri Rama Phanidra
babu
veidhi
Ramagiri Babu
Rajaiah
Challur
10
63/2022
25-03-2022
Theegala Ramulu
Parsharamulu
Challur
3540
Shivarathri Mallesh
Rajaiah
Challur
11
64/2022
25-03-2022
Pasham Sagar
Ramaswamy
Challur
Kolipaka Anjaniyulu
Rajaiah
Challur
Undadi Venkatesham
Pochaiah
Challur
12
67/2022
28-03-2022
Kailuri Kumar
Mallaiah
Keshavapatnam
1770
13
69/2022
29-03-2022
Gucepu Naresh
Mallaiah
Challur
Mamidi Ramulu
Rao ma Ilu
Challur
Ponnala Ravi
Sailu
Challur
Total
40710
From the above, it is seen that there are large number of cases of illegal mining which is hazardous activity calling for stringent safeguards. Reference is made to order of the Tribunal dated 26.02.2021 in O.A. No. 360/2015, National Green Tribunal Bar Association vs. Virender Singh (State of Gujarat) and other connected matters as follows:-
“Seizure and Release of vehicles involved in illegal mining
Another issue bearing on the enforcement mechanism is the action against the vehicles used in illegal sand mining. Seizure of such vehicles is required and release of seized vehicles lightly defeats the purpose of the coercive measures. Since the vehicles are in a way weapon of offence, the same cannot be dealt with in the manner disputed property is dealt with under section 451 Cr.PC. by releasing the same in favour of the ostensible owner by taking an entrustment/indemnity bond/sapurdginama. In Sujit Kumar Rana, (2004) 4 SCC 129 and order dated 26.03.2019 in Cr. A. 524/2019, State of Madhya Pradesh v. Uday Singh, it was held that special procedure for seizure and release of such vehicles prevails over the procedure under Section 451 Cr.P.C. This Tribunal earlier directed, in the case of illegal mining in Meghalaya that such vehicles should be released only on the payment of 50% of the showroom value. The same was affirmed by the Hon’ble Supreme Court in 2019 (8) SCC 177. Similar order was passed by the Tribunal on 10.01.2019 in O.A. No. 670/2018, Atul Chouhan v. State of U.P., which stands affirmed by the Hon’ble Supreme Court vide order dated 07.05.2019 in C.A. No. 1590/2019. Thus, the procedure under Cr.P.C. for release of vehicles on superdari without stringent conditions would not apply in respect of action taken for enforcement of Sustainable Guidelines issued under the Environment (Protection) Act, 1986 (EP Act) and for enforcement of orders of this Tribunal under Section 15 of the National Green Tribunal Act, 2010 (NGT Act). However, having regard to the difficulty expressed by the State that requirement to pay 50% of the showroom value of the vehicle was resulting in vehicles not being released at all, the earlier order was modified on 19.02.2020 to the effect that following scale of amount be recovered for release of the seized vehicles:-
Sr. No.
Category of Vehicle
Penalty
Amount
1
Vehicles/Equipments/Excavators with showroom value more than Rs. 25 lacs and less than 5 years old.
Rs. 4 lacs
2
Vehicles/Equipments/Excavators with showroom value more than Rs. 25 lacs and more than 5 years but less than 10 years old.
Rs. 3 lacs
3
For the remaining Vehicles older than 10 years/Equipments/ Excavators which are otherwise legally permissible to be operated and not covered by Serial No. 1 and 2.
Rs. 2 lacs
Note – I: On repetition of the offence by the same vehicle/ equipment,
Order dated 05.04.2019 will be applicable.
Note – II: The option of release may be available for a period of one month from the date of seizure and thereafter, the vehicles may be confiscated and auctioned.
Following further directions were issued :-
“6.The State may issue an appropriate Office Order/Rule to the above effect and publish the same. Needless to say that any private contract between a financer and a debtor cannot affect the States’ sovereign power to protect the environment and take incidental coercive measure for enforcement of rule of law. Lien of the State will override any private interest. The above compensation regime will be over and above any existing Rules or provisions. The amount collected may be remitted to the State PCBs/PCCs for being utilized for restoration of the environment.
The above course of action will be permissible to all the States at their option.”
10to26………………..xxx……………………….xxx……………………xxx
We direct all the States/UTs to strictly follow the SSMG-2016 read with EMGSM-2020 reinforced by mechanism for preparation of DSRs (in terms of directions of this Tribunal dated 14.10.2020 in Pawan Kumar, supra and 04.11.2020 in Rupesh Pethe, supra), Environment Management Plans, replenishment studies, mine closure plans, grant of EC (in terms of direction dated 13.09.2018 in Satendra Pandey, supra), assessment and recovery of compensation (as per discussion in Para 25), seizure and release of vehicles involved in illegal mining (in terms of order dated 19.02.2020 in Mushtakeem, supra), other safeguards against violations, grievance redressal, accountability of the designated officers and periodical review at higher levels. As already noted, EMGSM-2020 contemplates extensive use of digital technology, including remote sensing.
We further direct that periodic inspection be conducted by a five-members Committee, headed and coordinated by the SEIAA and comprising CPCB (wherever it has regional office), State PCB and two expert members of SEAC dealing with the subject. Where CPCB regional office is not available, if MoEF&CC regional office is available, its Regional Officer will be included in the Committee. Where neither CPCB nor MoEF&CC regional office exists, Chairman, SEIAA will tie up with the nearest institution of repute such as IIT to nominate an expert for being included in the Committee. Such inspection must be conducted at least thrice for each lease i.e. after expiry of 25% the lease period, then after 50% of the period and finally six months before expiry of the lease period for midway correction and assessment of damage, if any. The reports of such inspections be acted upon and placed on website of the SEIAA. Every lessee, undertaking mining, must have an environment professional to facilitate sustainable mining in terms of the mining plan and environmental norms. This be overseen by the SEIAA. Environment Departments may also develop an appropriate mobile App for receiving and redressing the grievances against the sand mining, including connivance of the authorities and also a mechanism to fix accountability of the concerned officers. Recommendations of the Oversight Committee for the State of UP quoted earlier may be duly taken into account.
The mechanism must provide for review at the level of the Chief Secretary at least once in every quarter, in a meeting with all concerned Departments in the State. The Chief Secretary UP may ensure further action in the light of the report of the Oversight Committee.
Similarly, at National level, such review needs to be conducted atleast once in a year by the Secretary, Environment in coordination with the Secretaries Mining and Jalshakti Ministries the CPCB.
Publication of Annual Reports
We further direct all the States/UTs to publish their annual reports on the subject and such annual reports may be furnished to MoEF&CC by 30th April every year giving status till 31st March. First such report as on 31.03.2022 may be filed with the MoEF&CC by all the States/UTs on or before 30.04.2022. The report may also be simultaneously posted on the website of the Environment Department of the States/UTs. Based on such reports, MoEF&CC may consider supplementing its Guidelines from time to time. The MoEF&CC may prepare a consolidated report considering the reports from the States/UTs and publish its own report on the subject, preferably by 31st May every year.
Interaction at National Level
We direct the Secretary MoEF&CC to convene a meeting in coordination with the CPCB and Mining and Jalshakti Ministries of Central Government and such other experts/individuals at National level and representatives of States within three months for inter-action on the subject which may be followed by such meetings being convened by the Chief Secretaries in all States in next three months. Holding of such meetings will provide clarity on enforcement strategies and help protection of environment.
All the applications are disposed of. Individual issues may be gone into in accordance with the mechanism to be involved as above.”
In view of above, the State authorities may take further remedial action in accordance with law.
The application is disposed of.
A copy of this order be forwarded to Chief Secretary, Telangana and District Magistrate, Karimnagar by e-mail for compliance.