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Judgment
This Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been registered in exercise of suo moto jurisdiction based on a news item published in Lalluram.com, dated 30.01.2024 under the title "khanij mafiyao ke hausle buland raet ghaat mein avaidh uttkhanan rokne gayi khanij team per jaanleva hamla gaadiyo mein todfod kisiki sheh prr gundagardi".
News item shows that illegal mining, excavation of minerals and sand is being carried out in Panduka area of Gariaband District State of Chhattisgarh.
Report shows that heavy machinery and trucks loaded with illegally mined minerals have been seized.
On advance notice given, reply has been filed by Chhattisgarh Environment Conservation Board stating that FIRs have been registered against the persons who were found indulged in illegal mining. It is also said that they have attacked the raid team and vehicles indulging in illegal mining have also been seized and matter is under further investigation. However, we do not find any reply as to what steps have been taken under the provisions of Environment Protection Act, 1986 (hereinafter referred to as EP Act, 1986) and environmental laws against the violators for causing damage to the environment by indulging in illegal mining.
In our view, substantial question relating to environment has arisen due to implementation of scheduled enactments under NGT Act, 2010. However, before taken any further action in the matter, we find it appropriate to obtain a factual report for which purpose we constitute a joint committee comprising State Pollution Control Board, Regional Director/Regional Officer, MoEF&CC, CPCB, District Magistrate, Gariabad.
CPCB shall be the nodal agency for coordination and compliance.
Committee shall visit the site, collect relevant information and submit a factual report within two months before Registrar of Central Zonal Bench at Bhopal.
Since the matter relates to State of Chhattisgarh, records of this application shall be transmitted to Central Zonal Bench at Bhopal for further consideration.
List on 03.07.2024.