Disposed

News Item Titled "Shree Bansheedhar Nagar Din Ke Ujale Me Ho Raha Balu Ka Avaidh Khanan Prashashan Khamosh" Appearing in Navbharat Today Dated 08.03.2024 vs

NGT14 May 2024Original Application No. 522/2024

Case brief

AI extract

What is this about?

The National Green Tribunal registered this application suo motu based on a news report alleging illegal sand mining in Jharkhand near the Kanhar river. The bench transferred the Original Application to the Eastern Zonal Bench for further action.

What did the court decide?

Transfer of the Original Application to the Eastern Zonal Bench, Kolkata, and issuance of notice to respondents.

News Item Titled "Shree Bansheedhar Nagar Din Ke Ujale… — Mining and Natural Resources | NGT (2024)

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Item No. 05

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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. 522/2024

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News item titled “ ीबंशीधरनगरिदनकेउजालेम होरहाबालूकाअवैधखनन , शाशनखामोश ” appearing in Navbharat Today dated 08.03.2024

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Date of hearing: 14.05.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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ORDER

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This Original Application is registered suo-motu on the basis of the news item titled “ ीबंशीधरनगरिदनकेउजालेम होरहाबालूकाअवैधखनन ,

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शाशनखामोश ” appearing in ‘Navbharat Today’ dated 08.03.2024.

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The news item relates to the alleged illegal sand mining taking place in Shree Banshidhar Nagar, Jharkhand. As per the article, despite the government’s ban on sand mining, illegal sand mining is going on in full swing in broad daylight in Dhurki. The article alleges that the sand mining on the banks of Kanhar river goes on all day long. It further alleges that the sand mafia has even made proper roads with JCB machines in the forest to reach the sand ghat in Kanhar river. The article states that sand is then loaded on tractors and dumped in nearby villages. It claims that in Dhurki, about 200 tractors of sand is illegally mined everyday from the various ghats of Kanhar River.

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The above news item indicates violation of the Sand Mining Guidelines, 2016 and the Environment Protection Act, 1986.

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The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

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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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Hence, we implead the following as respondents in this matter:

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(i) Jharkhand State Pollution Control Board, Through its Member Secretary, H.E.C. Bhurwa, Ranchi-834004.

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(ii) Central Pollution Control Board, through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi110032

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(iii) Ministry of Environment, Forests and Climate Change, Regional Office (ECZ), Bunglow No. A-2, Shyamali Colongy, Ranchi-834002.

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(iv) Collector & District Magistrate, Shree Bansdidhar Nagar, Garhwa Collectorate Building, Garhwa-822114.

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Let notice be issued to the above Respondents for filing their response before the Eastern Zonal Bench of the Tribunal.

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Since the matter relates to the Eastern Zonal Bench, Kolkata, therefore, OA is transferred to the Eastern Zonal Bench for appropriate further action. Let the original record of this OA be transferred to the Eastern Zonal Bench, Kolkata.

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List before Eastern Zonal Bench at Kolkata on 02.08.2024.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM May 14, 2024 O.A No. 522/2024 HB

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News Item Titled "Shree Bansheedhar Nagar Din Ke Ujale Me Ho Raha Balu Ka Avaidh Khanan Prashashan Khamosh" Appearing in Navbharat Today Dated 08.03.2024 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "Shree Bansheedhar Nagar Din Ke Ujale Me Ho Raha Balu Ka Avaidh Khanan Prashashan Khamosh" Appearing in Navbharat Today Dated 08.03.2024 vs

Case brief

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What did the court decide?

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