Disposed

Sou Motu Action on the News Paper Article Published in Dainik Jagaran Daily Dt 1ST February 2024 Regarding Illegal Mining in Bhind District Mp and Assault on the Police Person by the Illegal Sand Miner v. State of Madhya Pradesh

NGT1 May 2024Original Application No. 18/2024

Case brief

AI extract

What is this about?

Upon suo moto cognizance of illegal sand mining and police assault in Madhya Pradesh detailed in a newspaper article, the Tribunal reviewed the police report and action taken. Finding criminal investigations ongoing, the Tribunal declined intervention but directed officials to monitor the area and enforce environmental laws.

What did the court decide?

Directs Collector Bhind and Regional Officer, State Pollution Control Board to periodically monitor illegal mining and take strict legal action.

Sou Motu Action on the News Paper Article Published in… — Environment and Pollution | NGT (2024)

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Item No. 06

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

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Original Application No.18/2024(CZ)

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Suo Moto action on the Newspaper article published in “Dainik Jagran Daily” Dated 01.02.2024 regarding “Illegal sand mining in the Bhind District and assault on the Police Force by the Illegal Miner”

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Vs.

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State of Madhya Pradesh & Ors.

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…Suo Moto

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Date of Hearing: 01.05.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER

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For Applicant (s):

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For Respondent(s) :

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Mr. Mehul Bhardwaj, Adv. Mr. Pranjal Pandey, Adv. for Mr. Parul Bhadoria, Adv.

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ORDER

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The Newspaper article published in “Danik Jagaran Daily” dated 01.02.2024 highlighted the illegal sand mining in the District Bhind of Madhya Pradesh and assault on the police force by the violators of law during the course of illegal sand mining and checking. The article further reveals that when the police officers and officials tried to stop the violators of law and the person involved in illegal sand mining, they attacked the police personals who sustained grave injuries on the head and they also tried to snatch duty weapons from other constable. The continuous illegal sand mining in the area of Bhind has been taken cognizance by this Tribunal in several matters and the District Administration is trying its best to control the illegal minings but the activities of criminal act and use of criminal force by the persons involved in illegal sand mining is serious in nature and directly challenge to the Police Administration, District administration and

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sovereignty of the State and further creating the law and order problems. It is direct interference in the State revenue causing loss to the State revenue and taking the law into hands. This is a criminal act as well as violation of environmental laws and order of Hon’ble the Supreme Court guidelines and further in violation of Sustainable Sand Mining Management Guidelines, 2020. In view of the seriousness of the matter the Tribunal took cognizance.

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The matter was taken up by this Tribunal on 02.02.2024 and a committee was constituted consisting representative from the Collector, Bhind, State Pollution Control Board and one Administrative Officials, who were on duty to submit the factual and action taken report.

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In compliance of the order the members of the committee visited the site and submitted the report as follows:

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“Joint Committee visited the site with police sub inspector Shri Kamal Kant Dubey who is in charge of Machhand Police Chowki under whose jurisdiction the place of incident situated. He is also one of the member of the Joint Committee. He told that on 29.01.2024 he got information through informer that illegal sand mining & transportation carried out by some persons at Hilgawan Ghat of Sindh River who are resident of village Tehangur and Dauhai. Copy of Roj Namcha is enclosed as Annexure C-1. So after informing to Police Thana Raun Incharge he went to the place of incident with other 6 personal on 30.01.2024 at 1:42 PM, where his team found that 02 number tractors & trolley were there in which sand loading being carried out. So his team tried to catch the persons involved in illegal sand mining & transportation present that time at the spot of incident. About 20-25 persons of nearby villages were present at the site and they attacked on police team with sticks, stone etc. & tried to snatch the police official duty rifle. In this incident one constable suffered head injury by the stick attack. Attackers threatened the police team and warned them not to come again at the site. After the incident police team came back to the police station and informed about the incident to senior police officials

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and Thana In charge and FIR was registered against accused. A written statement is obtained on the visit date from SI Shri Kamal Kant Dubey about the incident and status of further action taken by police department against the accused which is enclosed as Annexure-C2. First Information Report (FIR) is registered against following accused: -

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1. Lalu Rajawat R/O Village Chaukipura, Dauhai Thana Raun District Bhind

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Monu Rajawat R/O Village Chaukipura, Dauhai Thana Raun District Bhind

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Sundar Rajawat R/O Village Chaukipura, Dauhai Thana Raun District Bhind

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Kanje Rajawat R/O Village Chaukipura, Dauhai Thana Raun District Bhind

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Shiv Mohan Rajawat R/O Village Chaukipura, Dauhai Thana Raun District Bhind

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Arvind Singh Rajawat R/O Village Chaukipura, Dauhai Thana Raun District Bhind

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Gajju Rajawat R/O Village Chaukipura, Dauhai Thana Raun District Bhind

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Chhote Rajawat R/O Village Tehangur, Thana Nayagaon District Bhind

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Saurabh Rajawat R/O Village Tehangur, Thana Nayagaon District Bhind

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Badmore Urf Pappu Rajawat R/O Village Tehangur, Thana Nayagaon District Bhind

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Bade Rajawat R/O Village Tehangur, Thana Nayagaon District Bhind

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Dharmveer Rajawat R/O Village Tehangur, Thana Nayagaon District Bhind

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Rahul Rajawat R/O Village Tehangur, Thana Nayagaon District Bhind

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Shivam Singh Rajawat R/O Village Siddhpura, Thana Rampura District Jalaun (UP)

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Copy of FIR is enclosed as Annexure-C3.

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There after investigation stated by police and arrested following 08 persons who are at present in Lahar Jail under Judicial Custody-

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Kanje Rajawat R/O Village Chaukipura, Dauhai Thana Raun District Bhind

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Sundar Rajawat R/O Village Chaukipura, Dauhai Thana Raun District Bhind

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Lalu Rajawat R/O Village Chaukipura, Dauhai Thana Raun District Bhind

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Monu Rajawat R/O Village Chaukipura, Dauhai Thana Raun District Bhind.

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Shiv Mohan Rajawat R/O Village Chaukipura, Dauhai Thana Raun District Bhind

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Chhote Rajawat R/O Village Tehangur, Thana Nayagaon District Bhind

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Bade Rajawat R/O Village Tehangur, Thana Nayagaon District Bhind

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1. Badmure Rajawat R/O Village Tehangur, Thana Nayagaon District Bhind

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Some property and articles like Stick, Motorcycle, Bhala, etc. also seized by police from accused. One of the tractor and trolley used during incidence by accused has also been seized by police. This tractor and trolley is kept in police custody at police station Raun. Photographs of this taken by Joint committee during visit is enclosed as

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Annexure – C4 and copy of property seizure memos (08 nos.) also enclosed as Annexure – C5.

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Details and Observation about incident area: -

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Incident area is situated on right bank of river Sindh on Government Revenue land bearing survey no. 01 in village Hilgawan, Thana & Tehsil Raun, District Bhind. The area has long open river bed and one major river bridge is under construction adjoin to the incident area/sanctioned Hilgawan sand mine.

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In this area one sand mine sanctioned by Madhya Pradesh Mineral ResourcesDepartment named Hilgawan Shyampur River Sand Mine at survey number 01 and 391, Tehsil Raun, District Bhind. Sanctioned lease area is 23.58 Hectare and copy of related order of Madhya Pradesh Government dated 31.05.2023 is enclosed as Annexure – C6. The quarry lease of the sand mines of district Bhind is granted to MPSMCL (Madhya Pradesh State Mining Corporation Limited) by Collector Bhind on dated 29.09.2023 through registered quarry lease agreement for 10 years period which is enclosed as Annexure-C7.

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3) This mine is non-operational at present. MPSMCL applied for grant of EC (Environment Clearance) to SEIAA Bhopal. Application is under process at SEIAA. A public hearing of this sand quarry is scheduled on dated 02.04.2024 at village Hilgawan.

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1. Photographs of site taken during visit is enclosed as Annexure-C8.

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Action Taken Status: -

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1. FIR has been registered against 14 accused at Raun Police Station.

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1. Till date of Joint Committee visit 8 accused has been arrested and sent to Lahar Jail under Judicial Custody.

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1. Searching of other accused by Police is undergoing.

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1. One tractor- trolley deployed by accused at incident site for sand transportation is seized by Police & kept in police custody at Raun Police Station.

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1. Other property and articles of accused used to perform incident also seized by Police which are also kept in Police custody.

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1. After incidence no illegal sand mining & transportation is reported to Police.

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The perusal of the report reveals that various First Information Report have been registered against the accused who were involved in the incident and legal action has been initiated against the person who were violating the rules and environmental laws. Since the matter is under investigation under the Criminal Law, thus, it is not desirable to intervene in the matter. However, we direct that the Collector Bhind and Regional Officer, State Pollution Control Board, (M.P.) shall periodically monitor the illegal mining within the area and in case of any violation of environmental rules and illegal mining, strict legal action must be taken according to rules in addition to realisation of environmental compensation.

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With these observations the Original Application No. 18 of 2024 (CZ) stands disposed of.

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Sheo Kumar Singh, JM

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Dr. A Senthil Vel, EM

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1^st May, 2024 O.A. No. 18/2024(CZ) K

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Sou Motu Action on the News Paper Article Published in Dainik Jagaran Daily Dt 1ST February 2024 Regarding Illegal Mining in Bhind District Mp and Assault on the Police Person by the Illegal Sand Miner v. State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

Sou Motu Action on the News Paper Article Published in Dainik Jagaran Daily Dt 1ST February 2024 Regarding Illegal Mining in Bhind District Mp and Assault on the Police Person by the Illegal Sand Miner v. State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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