Disposed

News Item Titled "Bharatpur News Police Ko Dekh Khanan Maafia Tractor Trolly Chhodkar Bhage Avaidh Pathar Se Bhare 6 Vaahan Jabt" Appearing in Amar Ujala Dated 27.02.2024 vs

NGT6 May 2024Original Application No. 496/2024

Case brief

AI extract

What is this about?

NGT disposed of a suo motu application regarding illegal mining in Bharatpur district based on a news report. The Tribunal directed the RSPCB to take action and submit a report within three months.

What did the court decide?

Direction to Member Secretary, RSPCB to take appropriate action and submit action taken report within three months.

News Item Titled "Bharatpur News Police Ko Dekh Khanan… — Writ and Judicial Review | NGT (2024)

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Item No.01

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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. 496/2024

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News item titled "Bharatpur News: Police ko dekh khanan maafia tractor trolly chhodkar bhage, avaidh pathar se bhare 6 vaahan jabt" appearing in Amar Ujala dated 27.02.2024

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Date of hearing: 06.05.2024

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

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Respondent: Mr. Amit Singh Chauhan, Adv. for CPCB (Through VC) Mr. Nishant Awana, Adv. for RSPCB (Through VC)

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ORDER

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This Original Application is registered suo-motu on the basis of the news item titled "Bharatpur News: Police ko dekh khanan maafia tractor trolly chhodkar bhage, avaidh pathar se bhare 6 vaahan jabt" appearing in Amar Ujala dated 27.02.2024. The news item relates to the alleged illegal mining in Gahnauli police station area of Bharatpur district. As per the news item 6 tractor trolleys filled with illegally mined stones have been seized by the Gahnauli police station at Bharatpur. It is disclosed that these tractor trolleys were coming from Chandauli and there was a complaint about the illegal mining for last few days therefore the action was taken and that the police is making an attempt to find out the owners of the tractor trolleys. The news item does not reflect any action by the Rajasthan State Pollution Control Board (RSPCB) for imposition of Environmental Compensation (EC) as the illegal mining causes damage to the environment.

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The news item raises substantial issue relating to compliance of the environmental norms.

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Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897 .

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Learned counsel appearing for RSPCB has submitted that necessary communication has already been sent to the Collector Bharatpur and the Mining officer to obtain the details of the persons responsible for illegal mining and on receipt of the same the action will be taken by the RSPCB for imposition of EC.

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Since a stand has been taken by the RSPCB for taking action for imposition of EC. Hence, the OA is disposed of directing the Member Secretary, RSPCB to take appropriate action in accordance with law and submit the action taken report before the Registrar General of the Tribunal within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF and if found necessary the matter will be listed before the Bench for consideration.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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May 06, 2024 Original Application No. 496/2024 AS.

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News Item Titled "Bharatpur News Police Ko Dekh Khanan Maafia Tractor Trolly Chhodkar Bhage Avaidh Pathar Se Bhare 6 Vaahan Jabt" Appearing in Amar Ujala Dated 27.02.2024 vs

Case brief

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News Item Titled "Bharatpur News Police Ko Dekh Khanan Maafia Tractor Trolly Chhodkar Bhage Avaidh Pathar Se Bhare 6 Vaahan Jabt" Appearing in Amar Ujala Dated 27.02.2024 vs

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