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Judgment
This original application is registered suo motu on the basis of the news item titled "CG News Ret Mitti ka avaidh parivahan 28 highway tractor vaahano kee jabti karyavai" appearing in ‘Raigarh Top News’ dated 27.02.2024.
The news item relates to the alleged illegal sand mining in Janjgir Champa District of Chhattisgarh. The news item discloses that on the joint action by the Mining and Police Departments from different places, 28 Hywa/tractors involved in the illegal transportation of sand and minerals were seized from Janjgir Champa District. The news item does not disclose any action taken by the Chhattisgarh Environment Conservation Board in respect of levy of environmental compensation upon the violators who have caused damage to the environment by carrying out the illegal sand mining.
The news item raises substantial issue relating to compliance of 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:
(1). Chhattisgarh Environment Conservation Board, Raipur, through its Member Secretary.
(2). Central Pollution Control Board through its Member Secretary.
(3). Ministry of Environment Forest and Climate Change, Regional Office (WCZ), Raipur.
(4). Collector and District Magistrate, Janjgir Champa (Chhattisgarh).
Learned Counsel appearing for Respondents No. 1, 2 and 3, on advance notice, have sought time to file their reply. Let the reply be filed before the appropriate Bench of the Tribunal within four weeks.
Let notice be issued to the Respondent No. 4 for filing the response at least one week before the next day hearing before the concerned Bench of the Tribunal.
Since the matter relates to the Central Zonal Bench of the Tribunal, therefore, OA is transferred to the Central Zonal Bench, Bhopal for appropriate further action. Let the original record of the OA be transferred to the Central Zonal Bench.
List before the Central Zonal Bench at Bhopal on 12.07.2024.