Disposed

Chandar Singh Bagwan v. 1. State of Madhya Pradesh Mineral Resources Department through the Principal Secretary

NGT8 Jul 2024Original Application No. 158/2023

Case brief

AI extract

What is this about?

The Tribunal examined claims of illegal sand mining in Sehore district post-tender expiry. A joint committee reported no mining by the previous operator after the deadline, but noted ETP issuance from stockyards. The order directed the State to implement stricter control mechanisms and place warning boards.

What did the court decide?

Directed the respondent to develop a mechanism to control illegal mining, comply with SSMG 2016 and EMGSM 2022, and place warning boards at mining sites and stock yards.

Chandar Singh Bagwan vs 1. State of Madhya Pradesh… — Environment and Pollution | NGT (2024)

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Item No. 07

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL

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(Through Video Conferencing)

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Original Application No. 158/2023(CZ)

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Chandar Singh Bhagwan Applicant(s)

Vs.

State of M.P. & Ors.

Respondent(s)

Date of Hearing: 08.07.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant(s):

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Mr. Robin Singh Bisht, Adv.

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For Respondent(s) : Mr. Shreyas Dharmadhikari, Adv. Mr. Prashant M. Harne, Adv. Mr. Teerthesh Bhartiya, Adv.None.

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ORDER

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Issue raised in this application is exorbitant quantum of illegal mining of sand taking place at village Badagaon, Babri, Jajna, Charua, Nhalai, Madhagaon, Jahajpur, Janwasam Semalwad, Mhow Kala Ninor, Chhipaner, Ambajadeed, Chhidgaoankacchi, Neelkanth, of District Sehore, wherein, there is not even a single allocated/valid Sand Quarry in terms the of the list of Sand Quarries, for which, the tender has been floated as per the Madhya Pradesh Sand Mining Policy, 2019 as the date of the tender has already been over on 30/06/2023 and the work of the non-applicant no. 7 still continues.

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OA No. 158/2023(CZ)

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Chandar Singh Bhagwan Vs.State of M.P. & Ors.

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For carrying out illegal sand mining, JCBs, Pokland and Kashtis are being used, which are excavating illegal sand from the river bed of Narmada in and around the mentioned villages of District Sehore. After excavating the sand from the river bed, all the excavated sand is collected in the adjacent farm land of the villagers disturbing the entire flaura fauna of the fertile soil/ agricultural land of the mentioned villages.Please note down. Next paragraph. The matter was taken up by this tribunal on 3rd of November 2023.

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By illegally excavating sand from all the above-mentioned villages adjacent to Narmada bed in District Sehore, the sand is transported to various locations as per the demand and arrangements. In order to transport the sand from the illegal query, Electronic Transit Permit ( ETP ) /Royalty is generated of some other area wherein illegal sand mining is taking place in some other distance location around Narmada bed.The google coordinated have captured pictures of dumpers loaded with sand at some specific location at a specific time whereas the Royalty has been paid from some other distant locations.

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The matter was taken up by this Tribunal on 03.11.2023 and a committee was constituted with following directions :-

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1. “We deem it just and proper to call a report on the matter in issue in present Original Application, from a Joint Committee consisting of:-

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i. One representative from Collector, Sehore, (M.P.).

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ii. One representative from Central Pollution Control Board, (M.P.). iii. One representative from Madhya Pradesh Pollution Control Board.

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OA No. 158/2023(CZ)

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Chandar Singh Bhagwan Vs.State of M.P. & Ors.

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2. The Committee is directed to visit the place and submit the factual and action taken report within six weeks. The State PCB will be the nodal agency for coordination and logistic support.”

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In compliance thereof, the members of the committee visited the site and submitted the report as follows:-

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“The joint committee discussed the issues mentioned in the petition and accordingly decided to obtain the information primarily from the concerned departments viz., District Mining Office, Sehore and M/s The M.P. State Mining Corporation Ltd., Bhopal. The main points are related to the operation of sand mines after contract period and verification of the pit passes issued for sand transportation also action taken by the district mining office against the illegal mining / transportation etc. are considered. The points on which information is required from the concerned departments are mentioned as under:

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1. Information of operation of sand mines after 30.06.2023.

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2. Information and verification regarding issuance of Electronic Transport Passes (ETP), after June 30, 2023.

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3. The measures taken by the District Mining Office, Sehore, in relation to the illegal mining and transportation of sand.

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4. Operational status of sand mines.

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A. A letter was issued to Managing Director, M.P. State Mining Corporation, Bhopal vide letter no. 465 dated 07.03.2024 regarding operation of sand mines after 30/06/2023. The M.P. State Mining Corporation, Bhopal vide letter no. 270 dated 14.03.2024 has submitted the information. As per information submitted, the points mentioned are as under :

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OA No. 158/2023(CZ)

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Chandar Singh Bhagwan Vs.State of M.P. & Ors.

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i. Sand mines were not being operated by M/s Power Mech Project Ltd. after 30.06.23 for excavation of sand.

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ii. According to the information submitted, the 10 ETPs enclosed with the petition have been issued from the sand stock yards and not from sand mining sites.

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B. In references to the NGT order dated 03.11.2023, being nodal agency in the case MPPCB issued vide letter no. 462 dated 07.03.2024 to District Mineral Officer, Collector Office, Sehore to provide information of illegal sand mining. In this regard, District Mineral Officer, Collector Office, Sehore vide letter no. 1196 dated 12.03.2024 has provided the information regarding action taken for illegal mining, illegal transportation and illegal storage in the year 20232024. The descriptive information with letter is enclosed. As per information submitted:

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1. Illegal mining in the year 2023-24: Total quantity seized by mineral department is 18,934 m3. Total fine imposed is Rs. 30,748,150/-. Total amount of deposited fine is Rs. 49,21,400/-.

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For the remaining amount, eight cases are filed before the court.

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S. *No.*	*Number* of *Vehicles* *and* *machineries seized*	*Quantity of* *Minerals* *Seized* *(in m3)*	*Penalty* *Imposed (in* *Rs.)*	*Amount* *Deposited* *(in Rs.)*
1.	3 JCBs & 5 Tractor Trolley	370	5,58,000	5,58,000
2.	17 JCBs	406	14,60,750	13,47,250
3.	17 Poclain	17492	2,70,70,850	14,82,600
4.	7 tractor Trolley	106	3,95,050	3,95,050

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OA No. 158/2023(CZ)

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Chandar Singh Bhagwan Vs.State of M.P. & Ors.

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5. 21 Boat Engine	63	2,57,250	2,20,500
6. 4 Loader	108	4,09,000	4,09,000
7. 5 Dumper	193	3,01,250	2,13,000
8. 1 Poclain & 1 _Dumper _	56	85,000	85,000

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2. Illegal transportation in the year 2023-24: Total quantity seized by mineral department is 2988.5 m3. Total fine imposed is Rs. 2,00,23,032/-. Total amount of deposited fine is Rs. 1,75,72,320/-.

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For the remaining amount, seventeen cases are filed before the court.

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*Sno.*	*Number of* *Vehicles and* *machineries* *seized*	*Quantity* of *Minerals* *Seized* *(in m3)*	*Penalty* *Imposed* *(in Rs.)*	*Amount* *Deposited* *(in Rs.)*
1.	124 Dumper	2707.5	1,71,13,794	1,48,52,832
2.	92 Tractor Trolley	281	29,09,238	27,19,488

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3. Illegal storage in the year 2023-24: Total quantity seized by mineral department is 341 m3. Total fine imposed is Rs. 1,190,775/-. Total amount of deposited fine is Rs. 10,20,025/-.

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For the remaining amount, two cases are filed before the court.

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S.	*Number of*	*Quantity*	*Penalty*	*Amount*
*no.*	*Vehicles*	of	*Imposed*	*Deposited*
	*and*	*Minerals*	*(in Rs.)*	*(in Rs.)*
	*machinerie*	*Seized*
	*s seized*	*(in m3)*
1.	1 JCBs	14	51,400	51,400

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OA No. 158/2023(CZ)

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Chandar Singh Bhagwan Vs.State of M.P. & Ors.

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2.	12 Dumper	273	9,02,250	8,07,500
3.	2 Tract or	34	1,61,125	1,61,125
	Trolley
4.	-	20	76000	-

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C. In reference to the inspection of the sites, so as to verify whether the mines are still being operated by the M/s Power Mech Project Ltd., the inspection committee had visited the sand mines. The committee visited the Badagaon, Babri, Jajna, Charua, Nhalai, Madhagaon, Jahajpur, JanwasamSemalwad, Mhow Kala, Ninor, Ambajadeed, Neelkanth, of District Sehore. As per the environmental clearance issued by MPSEIAA the mines are transferred to M/s The M. P. State Mining Corporation Ltd, Bhopal and currently mines are being operated by the M. P. State Mining Corporation Ltd, Bhopal.

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Earlier, in the matter of OA No. 75 of 2021 Smt. Geeta Laxmi Meena Vs State of MP, Hon‟ble NGT directed to state authorities to take stringent action against the violation of law and in case any mining activity is found in contravention of the rules take punitive action, in spite of the above directions still illegal sand mining is not fully stopped, however local authorities are taking action against the violators. The local authorities to keep constant vigil over the mining activity of the area for better implementation of rules.

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CONCLUSION

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As per the observations of the site visit and information received from the Mining Department, Govt. of Madhya Pradesh regarding issuing of pit passes, it can be concluded that no mining activity carried out by M/s Power Mech company after 30.6.2023, however ETP had been issued from the stock yards for transportation of sand because the

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OA No. 158/2023(CZ)

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Chandar Singh Bhagwan Vs.State of M.P. & Ors.

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permission of sand stocking was extended upto 30.9.2023 by the Government of MP. Hence, the main points mentioned in the petition i.e. illegal mining and storage of sand are not in consonance with the field observations.

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Presently the Environmental Clearence has been transferred to The M. P. State Mining Corporation Ltd, Bhopal for further operation of all the sand mines of Sehore district.”

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and the committee has further recommended certain suggestions to be implemented by the respondents.

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We have heard learned counsel for the parties and perused the record. After perusal of the record and report of the joint committee it transpires that at present the environmental clearance has been transferred to the Madhya Pradesh State Mining Corporation for further operation of all the sand mines of the Sehore District and it is further reported that no mining activity was carried out by the M/s Power Mech. Project Ltd. after 30.06.2023, thus, a further direction should be issued to the respondent to comply the guidelines and enforce the rule of law to check the illegal mining.

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Accordingly, we direct that the respondent should develop a mechanism to control illegal mining as suggested by the CPCB in the OA 75/2021 in the matter of Smt. Geeta Laxmi Meena Vs State of M.P. and comply with in light of the SSMG, 2016 and EMGSM, 2022. Warning Boards intimating the penalty for illegal mining and transportation of sand should be placed by the Mining Department at prominent locations of mining and stock yards. District authorities shall strengthen the site inspections by the Revenue Department and Mining Department of State Government at regular intervals for the mines as well as the stock yards.

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OA No. 158/2023(CZ)

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Chandar Singh Bhagwan Vs.State of M.P. & Ors.

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In view of the above directions the Original Application No. 158/2023

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stands disposed of.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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08^th July, 2024 O.A No. 158/2023(CZ) PN

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OA No. 158/2023(CZ)

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Chandar Singh Bhagwan Vs.State of M.P. & Ors.

Chandar Singh Bagwan v. 1. State of Madhya Pradesh Mineral Resources Department through the Principal Secretary

Case brief

What is this about?

What did the court decide?

Chandar Singh Bagwan v. 1. State of Madhya Pradesh Mineral Resources Department through the Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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