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Judgment
This original application is registered suo-motu on the basis of the news item titled “महानदी’ का सीना चीरकर रेतमाफिया कर रहा अवैधउत्खनन और पररवहन, वहीींकाररवाईके नाम पर प्रशासन खानापूफतरमेंजुटा” appearing in Lalluram.com dated 11.04.2024.
The matter relates to the rampant illegal sand mining taking place in various villages of the Arang area in Raipur district of Chhattisgarh. As per the article, the sand mafia is fearlessly endangering the existence of Mahanadi, also called as the 'lifeline of Chhattisgarh' by extracting uncountable amounts of sand from the river day and night.
The article alleges that illegal excavation of sand is going on in many villages situated on the banks of Mahanadi including village Paragaon, Ratakat, Gaurbhat, Hardidih, Kutela, just five kilometers away from Arang, but Raipur Mineral Department and local administration are not paying attention to this. It states that in Kurud village, about 25 km from Arang, the authorities have seized a chain mounting machine and 4 sand-filled hives. Whereas on the same day, sand was being taken out from Mahanadi through four chain mounting machines in Paragaon without any fear, along with this, illegal transportation of sand was also being done through about 50 to 60 highways.
The above matter indicates violation of the Sand Mining Rules, 2016 and the Environment Protection Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
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:
(i). Chhattisgarh Pollution Control Board, through its Member Secretary, Paryavas Bhavan, North Block Sector-19, Atal Nagar Dist- Raipur(C.G.)492002
(ii). Ministry of Environment and Forest, Regional Office Aranya Bhawan, North Block, Sector-19, Naya Raipur, Atal Nagar, Chhattisgarh – 492002.
(iii). Central Pollution Control Board, Through its Member Secretary Parivesh Bhawan, East Arjun Nagar, Delhi-110032
(iv). District Magistrate, Raipur Collectorate, Kutchery Chowk, Raipur, Chhattisgarh 492001
Issue notice to the respondents for filing there response before the appropriate bench of the Tribunal at least one week before the next date of hearing.
Since the matter relates to the Central Zonal Bench, Bhopal, therefore, OA is transferred to the Central Zonal Bench. Therefore, the original record of this OA be transferred to the Central Zonal Bench, Bhopal for further action
List before Central Zonal Bench at Bhopal on 16.07.2024.