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Judgment
This Original Application is registered suo-motu on the basis of the news item titled "Hazaribagh: Lal Balu ka kala khel: lagi hai rok, panch gunee adhik keemat par bech rahe maafia" appearing in Lagatar dated 07.02.2024. The news item alleges illegal sand mining in Hazaribagh, Jharkhand. As per the news item, sand mafia is carrying out the work of illegal extraction of sand at night in collusion with the concerned department. It also reveals that inspite of the ban on transportation of sand by the court, the illegally extracted sand is being sold in the district at five times its price. The news item also discloses that the truck filled with the sand were found parked three kilometres away from Katkamdag Police Station, Pelawal-Pabra Road and the truck drivers were transporting the sand without any fear, though the police station was only half a kilometer away.
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:
(i) Central Pollution Control Board, through its Member Secretary
(ii) Jharkhand State Pollution Control Board, through its Member Secretary
(iii) Deputy Commissioner/District Magistrate, Hazaribagh
Ms. Soni Singh, learned counsel accepts notice on behalf of respondent no. 1 and Mr. Kumar Anurag Singh, learned counsel accepts notice on behalf of respondent no. 2. Learned counsel for Respondent No. 1 and 2 seeks time to file vakalatnama as also the reply. Let the same be filed atleast one week before the next date of hearing before the concerned bench of the Tribunal.
Let notice be issued to Respondents No. 3 for filing the reply before the concerned bench of the Tribunal.
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 Zone Bench at Kolkata on 26.04.2024.