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Judgment
This original application has been registered on the basis of the news item titled "Jamshedpur Sidgoda mein nadi se avaidh rup se Baalu dhulai ka khel jaari prashashan maun" appearing in ‘Prabhat Khabar’ dated 24.12.2023.
The news item discloses that in Subarnarekha River at Sidhgora Police Station area, large scale illegal extraction of sand is in progress. It further discloses that the said extraction is taking place near Baridih district school mainly at night. The sand extractors transport illegally extracted sand through tractors and they extract the sand from deep water of the river using boats and sell it illegally at the rate ranging from Rs. 3500 to 4000 and this activity is going in collusion with the police officers.
The news item raises substantial issue relating to compliance of the environmental norms.
Power of the Tribunal to take up the matter in 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. Deputy Commissioner/District Magistrate, East Singhbhum Jamshedpur.
Learned Counsel appearing on advance notice on behalf of Respondent No. 1 seeks four weeks’ time to file the report. Let Notice be issued to Respondent No. 2 for filing the response before appropriate 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. Let the original record of the OA be transferred to the Eastern Zonal Bench, Kolkata.
List before Eastern Zonal Bench at Kolkata on 01.05.2024.
