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Judgment
This Original Application is registered suo-motu on the basis of the news item titled "Bermo ke mahuatand mai avaidh balu ke khel mai saikaro tractor se aam log ho rahe pareshaan" appearing in News Wing dated 19.12.2023. The news item relates to the illegal sand mining in Mahuatand under Bermo sub-division of Bokaro district (Jharkhand). As per the news item, in Mahuatand hundreds of tractors are involved in transporting the illegally mined sand and this activity goes on throughout the night even making it difficult for the residents to sleep and the students to study and is also causing serious noise pollution. The news item discloses that such trucks containing illegally mined sand cross through Putka Heed, Barki Punu, Tirla and Mahuatand and such illegally mined sand is sold at a very high rate.
The news item raises substantial issue relating to compliance of the environmental norms.
Power of the Tribunal to take up the matter suo-motu 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 implead the following as respondents in the matter:
(i) Jharkhand State Pollution Control Board, through its Member Secretary
(ii) Central Pollution Control Board, through its Member Secretary
(iii) Deputy Commissioner/District Magistrate, Bokaro
Respondent No. 1 and 2 are represented through the counsel. Let notice be issued to Respondent No.3 for filing the response before the appropriate bench of the Tribunal atleast one week before the next date of hearing.
Submission of learned counsel for the Respondent no. 2 i.e. Central Pollution Control Board (CPCB) is that in compliance of the direction of the Tribunal the guidelines have been framed by the CPCB and it is primarily the responsibility of the State authorities to control the illegal mining and the CPCB has limited capacity therefore it cannot regulate it. CPCB is directed to clarify its stand by filing a detailed report.
Let the reply/report be filed by the concerned respondents before the appropriate bench of the Tribunal atleast one week before the next date of hearing
Since the matter relates to the Eastern Zonal Bench, Kolkata, therefore, OA is transferred to the Eastern Zonal Bench for appropriate further action. Office is directed to transfer the original record of the OA to Eastern Zonal Bench, Kolkata.
List before Eastern Zonal Bench at Kolkata on 28.05.2024.