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Judgment
This OA is registered in suo motu exercise of power on the basis of the news item dated 02.11.2023 published in ‘Dainik Bharat’ titled Þiz'kklfud vadq'k ds ckn vkSj rst gqvk ckyw ds voS/k [kuu dk [ksy*ß-
The news item relates to the illegal sand mining in Gomia Anchal area of District Bokaro in Jharkhand. As per the said news item report, illegal sand mining is openly going on and everyday hundreds of trucks are transporting the illegally mined sand from the area concerned without there being any fear of the administration. It is stated in the news item that the administration though aware of the illegal mining has shut its eyes.
The news item raises an important issue relating to compliance of the provisions of the Scheduled Act.
Power of the Tribunal to take up the matter in suo-motu exercise of power 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, at this stage, we deem it proper to implead following as respondents in this OA:
i. Jharkhand State Pollution Control Board through its Member Secretary.
ii. District Magistrate, Bokaro.
iii. Director, Mining Department, State of Jharkhand.
Let notice be issued to the above respondents. The respondents are directed to file their response before the Eastern Zone Bench of the Tribunal one week before the next date of hearing.
Since the matter relates to Eastern Zone Bench, of the Tribunal, therefore, the OA is transferred to the Eastern Zone Bench, Kolkata for further appropriate action in accordance with law. Registry is directed to transfer the original record of this OA to the Eastern Zone Bench, Kolkata.
List before the Eastern Zone Bench, Kolkata on 15.01.2024.