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Judgment
This OA is registered suo motu on the basis of the news item titled "Korba gram panchayat chicholi mein dhadalle se ho raha ret ka avaidh khanan evam parivahan, dekhen video" appearing in CGNN 24 News dated 28.01.2024.
As per the news item, illegal mining of sand in Hasdev River is rampant and the said illegal mining is causing serious damage to environment and at the same time creating a danger to the very existence of Hasdev River. The news item further reveals that the illegal mining is going on at Gram Panchayat Chicholi in Janpad Panchayat Kartala in District Korba in the State of Chhattisgarh and inspite of complaint the departmental authorities are not taking any action. The news item also states that no lease has been granted for mining of sand at Chicholi in Hasdev River but illegally mined sand from that area is transported through the trucks.
The news item raises substantial issue relating to compliance of the 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. Member Secretary, Chhattisgarh Environment Conservation Board, Raipur.
ii. Collector & District Magistrate, Korba.
iii. Regional Officer, Ministry of Environment, Forest and Climate Change, Bhopal.
Mr. Dinesh Kumar Nag, Upper Collector, Korba has appeared on behalf of Respondent No. 2.
Respondent No. 2 is directed to file the detailed response at least one week before the next date of hearing before the concerned Bench of the Tribunal.
Let notice be issued to Respondents 1 and 3 for filing their response before the concerned Bench of the Tribunal.
Since the matter relates to the Central Zonal Bench, Bhopal, therefore, OA is transferred to the Central Zonal Bench for appropriate further action. Let the original record of the OA be transferred to the Central Zonal Bench, Bhopal.
List before Central Zonal Bench at Bhopal on 29.04.2024.