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Judgment
This Original Application is registered suo-motu on the basis of the news item titled "CG News Badee Karyavai: ret ke avaidh khanan va parivahan ke maamle mei 6 chain mountain machine sahit 57 vaahan jabt" appearing in Raigarh Top News dated 16.02.2024.
The news item relates to the alleged illegal mining and transportation of sand and minerals in Balodabazar in Bhatapara district of Chhattisgarh. As per the news item, in a raid under the local administration by the district mineral task force during the night, chain mounted machines and vehicles engaged in illegal excavation of sand have been seized. The news item reveals that 51 vehicles and six chain mounted machines involved in the illegal excavation of sand moorum and limestone were seized and the cases have been registered against 22 vehicles for transporting illegally mined sand. It also discloses that in village Datan (kh) of tehsil Palari two chain mounted machine and three hyva engaged in illegal excavation of sand during night have been seized.
Similarly, at village Bhadara tehsil Kasdol three chain mounted machines and at village Bhadara and Sinodha 8 hyva engaged in illegal excavation of sand have been seized. The same manner at Tehsil Lawan 6 hyva loaded with illegally mined sand have been seized. Similar seizure has been made at tehsil Tundra and Bhatapara. The news item does not disclose that any EC has been imposed on the violators for violating the environmental norms.
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.
On advance notice reply/documents on behalf of Chhattisgarh Environment Conservation Board (CECB) have been filed which supports the fact disclosed in the news item. The documents filed by the CECB also reveals that the mining department/local administration has taken action against the illegal mining and seized vehicle but the report does not reflect any action taken by the CECB for imposition of Environmental Compensation (EC) on the violators in respect of the damage which is caused on account of such illegal mining.
Learned counsel appearing for the CECB submits that due action will now be taken against the violators for imposition of EC.
Hence, we dispose of the OA directing the CECB to find out the extent of illegal mining, persons responsible for the same and also the extent of damage caused to environment and take appropriate action for imposition of EC against the violators.
Let this exercise be completed within a period of three months and the action taken report be filed before the Registrar of Central Zonal Bench, Bhopal of the Tribunal within four months. If found necessary, the matter will be listed before the bench for consideration. Office is directed to transfer the original record of the OA to Central Zonal Bench, Bhopal.
OA is accordingly disposed of.