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Judgment
This original application is registered suo-motu on the basis of the news item titled "MP: Sehore mei Hitech machine se Narmada mei ho raha ret ka avaidh khanan, prashashan ne kee karyavai, rodar aur JCB jabt" appearing in ABP News dated 04.02.2024.
The news item discloses the illegal sand mining, excavation/transportation/storage in the Babri sand mine located in Narmada River in Gram Babri, Tehsil Rehti, District Sehore of Madhya Pradesh. As per the news item, sand mafia with the help of high tech rodar machine, valuing about 55 lakh, was involved in illegally extracting the sand from River Narmada and on the receipt of the information action has been taken by the jurisdictional Collector and the equipment’s, vehicles etc. involved in the illegal sand mining have been seized.
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.
On advance notice the action taken report on behalf of the State of Madhya Pradesh has been filed disclosing the action which has been taken as under:-
“ 4. That during the inspection at the site, it was found that illegal excavation of sand was being carried out using 04 tractor loaders and 02 JCB machines in Gram Babri, Narmada River and the following vehicles were engaged in illegal sand excavation: 01 JCB Loader with chassis number HRDXSPTI03300507, 02 JCB machines with chassis numbers NPYUEN 4 ATBWVHP 4307590 and Mahindra tractor loader with chassis number MBNWEBD1JPNF0076541 PV 5075 EVELAE 085550, 05 JCB Loader with chassis number 1 PV 5405 EPPM0 12611.
That the aforementioned vehicles were seized and were taken to Rehti Police Station and placed under custody for further investigation under Rule 18 of the Madhya Pradesh Illegal Mining and Storage Prevention Rules 2022. A copy of Seizure Memo along with Inspection Panchnama and geo-tagged photographs of seized vehicles are marked and annexed herewith as Annexure R-1 (Colly.).”
Though, the actions by the administration under the mining act and the rules have been taken but no action is indicated in respect of imposition of Environmental Compensation for causing damage by the illegal mining.
Hence, we direct the Member Secretary, Madhya Pradesh Pollution Control Board (MPPCB) to ascertain the extent of illegal sand mining, the persons responsible for the same and ascertain the environmental damage and levy the Environmental Compensation upon the violators after following the due process of law. Let this process be completed within a period of three months and an action taken report be filed within two weeks thereafter before the Registrar of the Central Zonal Bench of the Tribunal. If found necessary the matter will be listed for further consideration before the Central Zone Bench, Bhopal. Office is directed to transfer the original record of the OA to Central Zonal Bench, Bhopal.
OA is accordingly disposed of.
A copy of this order, along with a copy of the petition, be forwarded to the Member Secretary, MPPCB by e-mail for compliance.