Disposed

Sou Motu Action on the News Paper Article Published in Dainik Bhaskar Daily Dated 16TH Feb 2024 Regarding Illegal Mining at Chitara Ghat of Sindh River in District Shivpuri Madhya Pradesh v. State of Madhya Pradesh

NGT2 May 2024Original Application No. 29/2024

Case brief

AI extract

What is this about?

The National Green Tribunal (Central Zone) considered a suo moto application regarding illegal sand mining in Shivpuri District reported in the news. The court noted that a committee inspected the site, seized excavation equipment, imposed penalties, and collected environmental compensation.

What did the court decide?

Original application disposed of; direction to State agencies to monitor the area and prevent illegal mining.

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

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(Through Video Conferencing)

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Original Application No. 29/2024(CZ)

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Suo Moto Action on News paper article published in “Danik Bhaskar Daily on 16.02.2024 regarding illegal Mining at Chitara Ghat of Sindh River” in District-Shivpuri (M.P.)

Applicant(s)

Vs.

State of M.P. & Ors.

Respondent(s)

Date of Hearing: 02.05.2024

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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): None.

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For Respondent(s) : Mr. Pranjal Pandey, Adv. (for Ms. Parul Bhadoria, Adv.)

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ORDER

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The Danik Bhaskar Daily in the Article published on 16.02.2024 highlighted illegal mining at Chitraghat of Sindh River in Shivpuri District of Madhya Pradesh by use of local made submarine for excavating the sand from the main stream of the river, which is propelled by the diesel engine pumping set. Such machines sucks the in stream water with the sand from mid /main stream of the river and throws it at a certain point throw pipes and the same is illegally transported for commercial purpose without any payment of revenue causing huge loss to the state exchequer and violation of environmental rules.

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The matter was taken up by this Tribunal on 29.02.2024 and a committee consisting the Collector, Shivpuri and the State Pollution Control Board

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was constituted with the direction to submit the factual and action taken

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report.

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In compliance thereof, the member of the

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committee/representative visited the site and submitted the report as follows:-

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“In-Compliance to Hon'ble NGT (CZ) order Dated 19/02/2024, in Case of OA No. 29/2024, Following officers are nominated :-

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a) Shri Dinesh Chandra Shukla, Additional District Magistrate, District Shivpuri-Representative of the District Collector, District Shivpuri. (M.P.).

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b) Shri D.V.S. Jatav, Regional officer, MPPCB, Guna, representative of Madhya Pradesh Pollution Control Board. Copy of official order related to nomination for joint inspection attached.

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Other officers were also present during joint inspection-

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*Sr.No*	_Name & Designation _	*Department*
_1. _	Shri Ajay Sharma, SDM, Tehsil Karera Distt. Shivpuri	Revenue Department
_2. _	Shri Virendra Verma, Mining _Inspector _	Mining Department, Shivpuri
_3. _	Shri B.S. Narwariya, Asst. Engineer (S.P.)	M.P. Pollution Control board, Vijaypur- Guna (M.P.)
_4. _	Shri Balaram Mehra, In charge officer	M.P. State mining corporation Ltd. Distt. Shivpuri
_5. _	_Shri Amit Dubey, Tehsildar _	Revenue Department.
_6. _	Shri D.R. Kakodiya, Revenue Inspector	Tehsil -Karera. Distt. Shivpuri
_7. _	Shri Ramlakhan, Patwari.
_8. _	Shri Sunil Singh Rajpoot, In- charge, police station-Shehore	Police Dept. Distt. Shivpuri
_9. _	Shri Ranjor Singh Rawat, Constable
10.	Shri Pawan Rawat, Constable
11.	Shri Pushpendra Singh Jadon, Representative	M/S Royal Natural stones Pvt. Ltd.
	(Atte	ndance sheet attached)

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Details of action taken by Mining & Revenue Department on 16.02.2024:-

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Chitari Ghat of Sindh River Dist. Shivpuri was inspected by Assistant Mining officer along with Naib Tehsildar. Tehsil Narwar, Distt. Shivpuri. In connection with illegal mining at Chithari ghat of Sindh River in District Shivpuri published in dainik Bhaskar newspaper dated 16.02.2024. Оп the spot a submarine was found engaged in sand extraction. People nearby refused to tell anything when enquired. Since the submarine was found in abandoned condition action was taken to destroy the submarine. Photographs were taken and panchanama was prepared and attached.

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Detail of facts and action taken during the inspection of The Joint Committee on 11.03.2024:-

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Chithari Ghat, Bijore Ghat and Sehore Ghat of Sindh River Distt. Shivpuri were inspected by the joint committee along with additional members as stated in the attendance sheet on 11.03.2024.

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At the time of inspection, excavation and transportation of sand from the river was not carried out.

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Details of sand and material found are as follows:-

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*Chitari Ghat*	*Bijore Ghat*	*Sehore Ghat*
(1)	(2)	(3)
Quantity of sand-	Pipe-02 Nos.	Quantity of sand-
20 M³ (Approx.)		40 M³ (Approx)
Submarine-01 Nos.		Drum-08 Nos.
Pipe-03 Nos.		Pipe-03 Nos.

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Materials found at the different ghats were handed over to Police station, Sehore and seized sand was handed over to Shri Pushpendra Jadon authorized person of MDO M/s Royal Natural Stone Pvt. Ltd. The details of panchanama Japtinama & suprurdginama with photographs are attached.

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Details of illegal excavators: The names and addresses of the persons involved in sand excavation have been given by the persons present on the spot are as follows:-

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*S.No* *Name*	*Address*
_1. _ Shri Bhupendra Singh Rawat s/o Shri Hakin Singh Rawat	Village- Itma. Tehsil-Chinor, Distt. Gwalior
2. Shri Deepu Kewat S/o Shri. Balu Kewat	Village-Dehnyla, Tehsil- Narwar. Distt. Shivpuri
_3. _ Shri Veer Singh Sio Shri. Ram Kishan	Village- Rajpur, Tehsil- Narwar, Distt. Shivpuri

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Action taken by MPPCB:-

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Details Of Environmental Compensation imposed by Madhya Pradesh Pollution Control Board:- Regarding illegal sand mining, the amount of environmental compensation has been calculated on the basis of the formula suggested by Hon'ble NGT (P.B.) in the order dated 26.02.2021 in O.A. No. 360/2015, the EC calculation sheet is attached.

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A notice was issued to the illegal sand excavator to submit their reply before imposing EC amount of Rs. 3,59,583/- (Rupees Three Lakh Sixty Nine Thousand Five Hundred Eighty-Three only), copy of notice is attached.

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The reply received from the illegal sand excavator is attached.

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Since the reply received from the illegal sand excavator was not satisfactory hence EC amount was imposed. Copy of letter is attached. Environmental compensation amount has been deposited by the illegal sand excavators, the compensation deposit receipts of which are attached.

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Action taken by Mining Department:-

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Details of penalty imposed by Mining Department District Shivpuri:-

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Assistant Mining Officer submitted the detail report to the mining officer regarding illegal sand excavation from Sehore Ghat & Chitari Ghat at Sindh River. Distt. Shivpuri & proposed penalty as well as

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Environment compensation Under Chapter-5 Rule 18 and 18 (1) of MP Mineral (Prevention of Illegal Mining. Transportation and Storage) Rules 2022, as amended, Copy of reports attached.

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Action has been taken to impose penalty as follows:-

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*S.N.*	*Illegal* *excavators* *on whom penalty* *was imposed.*	*Chitari Ghat, Sindh* *River, Shivpuri*	*Sehore* *Sindh* *Shivpuri*	*Ghat,* *River,*
_1. _	Shri. Bhupendra Singh Rawat Sio Shri Hakin Singh Rawat	 Penalty for illegal excavation of sand Qty. approx 20 M³  15 Times of Royalty	 Penalty illegal excavatio sand approx 4	for n of Qty. 0 M³
_2. _	Shri. Deepu Kewat S/o Shri. Balu Kewat	Rates Rs. 75,000/-	 15 Tim	es of
_3. _	Shri. Veer Singh S/o Shri. Ram Kishan	 Penalty for environmental compensation Rs. 75,000/-	Royalty Rs. 1,50,  Penalty environm compens Rs. 1,50,	Rates 000/- for ental ation 000

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Gross Amount Rs. 4,50,000/- (four Lac, fifty thousand only)

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A notice was issued by SDM Karera, District Shivpuri vide notice dated 22-03-2024 to the illegal sand excavator to submit their reply before imposing penalty & EC amount. Copy of notice is attached.

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Suggestions: During visit to the sand mining site and remote areas it was necessitated that, while constituting committer by a Hon'ble NGT police department should also be included in the joint committee for safe conduct of visit. Copy of Dainik Bhaskar news paper cutting on dated 20.03.2024 attached.”

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A perusal of report reveals that action has been taken and the relevant amount of the environmental compensation has been realized by the State Pollution Control Board and the Mining Department have also realized the royalty rate.

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In view of the above facts, the original application is disposed of with the direction to State Pollution Control Board and the Mining Department to

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periodically monitor the illegal mining within the area and in-case of any violation and illegal mining necessary steps to prevent the illegal mining must be taken in addition to realization of environmental compensation.

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With these observations, the Original Application No. 29/2024 stands

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disposed of .

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Sheo Kumar Singh, JM

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Dr. A. Senthil Vel, EM

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02^nd May, 2024 O.A No. 29/2024(CZ) PN

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Sou Motu Action on the News Paper Article Published in Dainik Bhaskar Daily Dated 16TH Feb 2024 Regarding Illegal Mining at Chitara Ghat of Sindh River in District Shivpuri Madhya Pradesh 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 Bhaskar Daily Dated 16TH Feb 2024 Regarding Illegal Mining at Chitara Ghat of Sindh River in District Shivpuri Madhya Pradesh 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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