Disposed

News Item Titled "Gurdaspur Video of Illegal Sand Mining Goes Viral Probe on" Appearing in Babushahi Dated 07.02.2024 vs

NGT10 Sept 2024Original Application No. 246/2024

Case brief

AI extract

What is this about?

Upon review of a Joint Committee's report confirming that apparent illegal sand mining was actually repair work under the MGNREGA scheme involving a JCB machine for canal bank erosion, the National Green Tribunal disposed of the suo motu application without further action.

What did the court decide?

No further action required; original application disposed of.

News Item Titled "Gurdaspur Video of Illegal Sand Mining… — Environment and Pollution | NGT (2024)

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Item No. 11

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 246/2024

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News item titled "Gurdaspur Video of illegal sand mining goes viral probe on" appearing in Babushahi dated 07.02.2024

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Date of hearing: 10.09.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Respondent: Ms. Atika Singh, Ms. Richa Kapoor & Mr. Kunal Anand, Advs. for Punjab PCB Mr. Shariq Ahmed, Adv. for MoEF & CC (R - 3) Ms. Suman Arora, Adv. for CPCB (Through VC) Ms. Baani Khanna & Mr. Robin Singh, Advs. for R-4 & 5

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ORDER

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This original application was registered suo motu on the basis of the news item disclosing illegal sand mining in Upper Bari Doab Canal near Gurdaspur, Punjab.

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The news item was based upon a video with the allegation that sand was being stolen from the canal with the help of JCB and trolley when MNREGA workers had gone after completing their work.

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The Tribunal by order dated 18.03.2024 had impleaded the respondents and issued notice to them.

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To ascertain the correct position, the Tribunal by order dated 22.05.2024 had formed a Joint Committee with a direction to the Committee to visit the site, ascertain the correct position on the spot and submit the report.

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The Joint Committee has submitted the report on 03.07.2024 stating that the Committee had inspected the site on 25.06.2024 and

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taken the feedback of the local villagers. The report of the Joint

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Committee discloses as under:

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“xxx …………………………….xxx………………………………….xxx The canal department was carried out the repairing work under MGNREGA workers at main line UBDC, village Dhariwal Khichian. JCB Machine was used to dig out the sand which was filled in EC bags by the MGNREGA workers. The SDO stated that he has issued order to execute the repairing work in the eroded bank of the Upper Bari Doab Canal (UBDC) UBDC canal. The work order issued to JE is annexure to Annexure 3 .

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JCB was seized by the police based on the viral video of social media, however it was released upon request by the canal department. The Police report is annexed as Annexure 4 . The official from the mining department had also confirmed that there was no mining in the area as stated in the viral video. The mining department statement is annexed as Annexure 5 .”

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In the report of the Deputy Commissioner, Gurdaspur dated 15.03.2024 and report filed on 17.05.2024 as also the report of PPCB, stand has been taken that the main line UBDC canal was under closure and necessary repair work on the bank (Dhussi) of canal was being carried out in the area of Village Dhariwal Khichian, Tehsil and District, Gurdaspur, where major portion of the bank had eroded due to high discharge in the canal during rainy season for which the MNREGA labour was engaged and in this background, it has been stated that no illegal sand mining has taken place. The Deputy Commissioner, Gurdaspur in the report filed on 17.05.2024 has taken the plea that during the repair work a photo of the sand being filled by the JCB machine was taken by a journalist and put on the Facebook and other channels under the name of illegal mining which went viral.

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In all the above reports/replies it has been stated that no illegal sand mining has taken place. Having regard to the above reports, no further action in this OA is required which is accordingly disposed of.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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September 10, 2024 Original Application No. 246/2024 dv..

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News Item Titled "Gurdaspur Video of Illegal Sand Mining Goes Viral Probe on" Appearing in Babushahi Dated 07.02.2024 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "Gurdaspur Video of Illegal Sand Mining Goes Viral Probe on" Appearing in Babushahi Dated 07.02.2024 vs

Case brief

What is this about?

What did the court decide?

What the court decided

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