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Judgment
This original application is registered on the basis of the news item titled "Galfula nadee se ret ka avaidh khanan jaari, vibhag beparvah dekhiye video" appearing in ‘CGMP News’ dated 21.02.2024.
The news item relates to illegal sand mining which is going on on the Bank of Gulfula river near Kusumi in Balrampur District of Chhattisgarh. As per the news item, illegal mining in Gulfula river by use of tipper vehicles, 407 vehicles, tractors, etc. is going on and illegally mined sand is used by the nearby brick kiln and also in the construction activity. The news item states that the sand mafia is collecting the illegally mined sand at one place and by using the Hyva, they transport it to other parts of the State and this activity of illegal mining is going on for last several days. It is also disclosed that the illegal mining is within the knowledge of the Mining Department, but no action is being taken.
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). Central Pollution Control Board through its Member Secretary.
(2). Chhattisgarh Environment Conservation Board, Raipur, through its Member Secretary.
(3). Collector and District Magistrate, Balrampur.
Learned Counsel appearing for Respondent No. 2 has informed that in the State of Chhattisgarh, Mining Department is a nodal agency for collecting the environmental compensation. Hence, we implead the following as additional respondent:
(4). Mining Department, State of Chhattisgarh through the Secretary.
Learned Counsel for Respondent No. 2, appearing on advance notice, has sought four weeks’ time to file the reply.
Let notice be issued to Respondents No. 1, 3 and 4 for filing their response before the appropriate 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.