Disposed

Jitendra Alias Raja Lilhare v. State of Madhya Pradesh

NGT1 Feb 2024Original Application No. 170/2023

Case brief

AI extract

What is this about?

The applicant alleged illegal sand mining and unresponsiveness by district officials. The Tribunal, after reviewing a report, held that individual grievances regarding call non-response fall outside its jurisdiction. It directed authorities to take statutory action against environmental violators against threats of blackmail and disposed of the original application.

What the court decided

AI extract

Jitendra Alias Raja Lilhare vs State of Madhya Pradesh — Environment and Pollution | NGT (2024)

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Item No. 01

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No. 170/2023(CZ)

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Jitendra Alias Raja Lilhare Applicant(s) Vs.

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State of Madhya Pradesh & Ors. Respondent(s)

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Date of Hearing: 01.02.2024

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

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For Applicant (s): None.

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For Respondent(s) : Mr. Naman Nagrath, Sr. Adv. (with Mr. Shoeb Hasan Khan, Adv.) Mr. Prashant M. Harne, Adv.

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ORDER

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The grievances of the applicant are:-

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i. The illegal sand mining, transportation without any authority by use of dumper and pokolen machine in the District Balaghat, Madhya Pradesh.

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ii. Telephone call to the administrative officers of the districts and not responding the call or not attending the call by the officers.

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The matter was initiated on the letter petition receipt no. 894 of 17.10.2023, later on another complaint letter has been received in the office by receipt no. 25 of 08.01.2024 and 36 of 10.01.2024. Since all these applications are related to the illegal mining and the counter allegations thus taken up together.

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The matter was taken up by this Tribunal on previous date and the Chief Secretary was directed to constitute a committee of competent officers to examine it and to take legal necessary actions and to report.

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The Chief Secretary constituted a committee consisting Commissioner Jabalpur Region, Inspector General, Balaghat Zone, Chief Conservator of Forest, Balaghat Zone, Joint Director, Mines, Jabalpur and Regional Officer Madhya Pradesh Pollution Control Board with the direction to examine the matter and report. These officers examined the matter and submitted the report with the facts that various actions have been taken by the authorities concerned for illegal mining, storage and illegal transportation and the amount of Environmental Compensation in the form of penalty has been imposed and realised by the persons concerned.

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If the complaint is aggrieved by any particular act against any particular person who is violating the law at a particular place he is at liberty to file an original application or application before the appropriate forum according to the procedure.

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So far as issue number 2 is concerned, it relates to the telephone call by the complainant and version of the complainant is that the higher authorities were not responding or not attending the telephone call. This act is not within the domain of the National Green Tribunal and this cannot be inferred that they had violated the environmental rules.

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The committee has submitted the report that the district administration is taking proper legal actions against the violators of law to enforce the rule of law and environmental norms. The authorities are being pressurized by the group of persons to blackmail and not to make challan which cannot be permissible according to rules. District Administration/Authorities are statutorily bound to take actions against the violators of law and they are directed that in case of any violation of any environmental norms or illegal

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sand mining, transposition or storage of illegal mining they have to proceed in accordance with the law.

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The applicant is at liberty to file appropriate application according to the procedure with a specific name and particular place of the person violating the law.

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With these observations the Original Application No. 170/2023 as above compliant numbers stands disposed of .

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Sheo Kumar Singh, JM

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Dr. Arun Kumar Verma, EM

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01^st February, 2024 O.A No. 170/2023(CZ) PN

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Jitendra Alias Raja Lilhare v. State of Madhya Pradesh

Case brief

What is this about?

What the court decided

Jitendra Alias Raja Lilhare v. State of Madhya Pradesh

Case brief

What is this about?

What the court decided

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