Disposed

News Item Titled "Korba Gram Panchayat Chicholi Mein Dhadalle Se Ho Raha Ret Ka Avaidh Khanan Evam Parivahan Dekhen Video" Appearing in Cgnn 24 News v. State of Chattisgarh

NGT8 Aug 2024Original Application No. 75/2024

Case brief

AI extract

What is this about?

The NGT considered a suo moto application regarding illegal sand mining in Hasdev River, Chhattisgarh. The Tribunal examined the CECB's report on monitoring efforts and legal provisions for penalties, concluding the issue falls under the Mining Department. The order directs the CECB to monitor violations and report to the Department of Environment and Housing for compensation.

What did the court decide?

Directing the CECB to monitor illegal mining and report violations to the Department of Environment and Housing for imposing environmental compensation.

News Item Titled "Korba Gram Panchayat Chicholi Mein… — Environment and Pollution | NGT (2024)

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Item No. 05

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

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Original Application No. 75/2024(CZ) (O.A.No.235/2024 – PB)

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News item titled "Korba gram panchayat chicholi mein dhadalle se ho raha ret ka avaidh khanan evam parivahan, dekhen video" appearing in

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CGNN 24 News.

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Suo moto…

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Date of Hearing: 08.08.2024

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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. For Respondent(s) : Mr. Dharamvir Sharma, Adv. Mr. Abhinay Sharma, Adv. (Mr. Pooran Chand Roy, Adv. & Ms. Deeksha Prakash, Adv.)

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ORDER

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This Original Application is registered suo moto on the basis of the news item titled "Korba gram panchayat chicholi mein dhadalle se ho raha ret ka avaidh khanan evam parivahan, dekhen video" appearing in CGNN 24 News dated 28.01.2024.

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As per the news item, illegal mining of sand in Hasdev River is rampant and the said illegal mining is causing serious damage to environment and at the same time creating a danger to the very existence of Hasdev River. The news item further reveals that the illegal mining is going on at Gram Panchayat Chicholi in Janpad Panchayat Kartala in District Korba in the State of Chhattisgarh and inspite of complaint the departmental authorities are not taking any action. The news item also states that no

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News item titled "Korba gram panchayat chicholi mein dhadalle se ho raha ret ka avaidh khanan evam parivahan, dekhen video" appearing in CGNN 24 News.

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OA No. 75/2024(CZ)

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lease has been granted for mining of sand at Chicholi in Hasdev River but illegally mined sand from that area is transported through the trucks.

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The matter was taken up by this Tribunal and the State Pollution Control Board was directed to submit the report and in compliance thereof, the CECB has filed the reply as follows:-

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“SUBMISSIONS ON BEHALF OF CECB:

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1. That as per Chapter XI Rule 71 of the Chhattisgarh Minor Mineral Rules, 2015, the Collector/Joint Director/Deputy Director/Mining Officer/ Assistant Mining Officer/Mining Inspector or any Officer authorized by him or Zila Panchayat/Janpad Panchayat/Gram Panchayat are the appropriate authorities for taking actions like imposing penalty and seizing the minerals and its products. The relevant rules are mentioned herein below for the easy reference of this Hon’ble Court:-

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“71. Penalty for unauthorized extraction and transportation. –

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….. (2) Whenever any person is found extracting or transporting minerals in contravention of the provisions of these rules, the Collector /Joint Director /Deputy Director /Mining Officer /Assistant Mining Officer /Mining Inspector or any Officer authorised by him or Zila Panchayat/Janpad Panchayat/Gram Panchayat, may seize the minerals and its products together with all tools, equipments and vehicles used in committing such offence...”

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2. That from a bare perusal of the above-mentioned rule, it is evident that the Collector/Joint Director/ Deputy Director/Mining Officer/Assistant Mining Officer/Mining Inspector or any Officer authorized by him or Zila Panchayat/Janpad Panchayat/Gram Panchayat are the appropriate authorities for taking actions like imposing penalty

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News item titled "Korba gram panchayat chicholi mein dhadalle se ho raha ret ka avaidh khanan evam parivahan, dekhen video" appearing in CGNN 24 News.

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OA No. 75/2024(CZ)

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and seizing the minerals and its products, thus it goes without saying that the answering Respondent has not been given any power under the said rules in case of illegal extraction of sand.

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3. That Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, provides for penalty for the illegal extraction of minerals. Further, Section 22 of the Act defines cognizance of offences and states that no court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon a complaint in writing made by a person authorized on this behalf by the Central Government or the State Government.

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4. Further, Section 23B of the Act empowers the gazetted officers of the Central or State Government, authorized by them in this behalf to search any mineral which has so been raised by the violator in contravention of the present Act. Therefore, the aforesaid provisions show that it is the duty of the Central Government or State Government to recover the illegal excavator of mineral, the price or royalty of the mineral so excavated by the violators without any lawful authority.

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5. In view of the aforementioned facts, and pursuant to the notice dated 28.02.2024 sent by the NGT, Delhi, the answering Respondent issued a letter dated 06.03.2024 to the Deputy Director (Mineral), District- Korba, Chhattisgarh. In the said letter, the answering Respondent informed the Deputy Director (Mining Department) about the order dated 12.03.2024 passed by the NGT, Delhi and requested the Mining Department to provide the information regarding the actions taken so that the necessary information can be provided to this Tribunal with regard to the said incident.

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6. Thereafter, in response to the above-mentioned letter dated 06.03.2024, the Office of Collector of Mining Department, District- Korba issued a letter dated 04.04.2024 to the answering Respondent.

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7. In the said letter dated 04.04.2024, the Office of Collector of Mining Department, District- Korba has informed answering

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News item titled "Korba gram panchayat chicholi mein dhadalle se ho raha ret ka avaidh khanan evam parivahan, dekhen video" appearing in CGNN 24 News.

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OA No. 75/2024(CZ)

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Respondent the following:

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i. The Mining Department has conducted regular visits to the village of Chicholi in Tehsil Kartala, as well as to the nearby villages of Bagdar, Devlapath, Phuljhar, Gitari, Bhaisamuda, Tarda, Kanki, Sargbundia, Farswani, Baridih, and Katbitla. During the financial year 2023-24, the Mining Department , registered 64 cases of illegal sand transportation, resulting a settlement amount of Rs. 758,053/- being deposited under Sections 21 and 23(a) of the Mines and Minerals (Development and Regulation) Act, 1957. Further, in the village of Chicholi, 5 cases of illegal sand transportation were registered, and a settlement amount of Rs. 53,905/- was deposited.

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ii. As per the aforementioned letter, a team was formed on 07.02.2024, to effectively control, prevent, and take action against the illegal excavation, transportation, and storage of minerals. The said team comprises officers and employees from the Revenue, Police, Transport, and Mineral Departments. It is pertinent to note that the said team is actively inspecting the district and taking necessary actions.

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iii. Additionally, as per the letter, the Sarpanch/Secretary of Gram Panchayat Chicholi was instructed to publicize the provisions of the Mines and Minerals (Development and Regulation) Act 1957 through public announcements in the village. In the event of any illegal excavation, transportation, or storage of sand, they were directed to immediately inform the relevant Patwari, Tehsildar, Naib Tehsildar, Police Station In-charge, or Mineral Inspector via telephone. To comply with these instructions, announcements have been made in Chicholi, and an information board has been installed.

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News item titled "Korba gram panchayat chicholi mein dhadalle se ho raha ret ka avaidh khanan evam parivahan, dekhen video"

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OA No. 75/2024(CZ)

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appearing in CGNN 24 News.

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iv. Also, to effectively control and prevent illegal excavation, transportation, and storage of minerals, the officials from Mining Department, Korba conducted a spot inspection of the area on 15.03.2024 and submitted a Panchnama. As per Panchnama, no tractors were found excavating or transporting sand at the river ghat in village Chicholi. Further, the villagers assured officials of the Mining Department that they would inform them whenever they observe any such activities related to illegal sand mining. However, no cases of illegal excavation or transportation were found during the inspection by the Mining Department.

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v. However, for the purpose of easy availability of sand in the district, a letter of intent has been issued for a total of 22 sand mines in favour of the concerned village bodies/panchayats under the Chhattisgarh Minor Mineral Ordinary Sand Excavation and Business (for Scheduled Areas) Rules 2023. Further, Environmental Clearance has been obtained for 10 sand mines. All the 10 mines are operational after execution of the contract. Apart from this, sand mine is already operational in Village Panchayat Kutesarangoi, Tehsil Podi-Uproda, District Korba.

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vi. Out of the above sand mines, 02 mines (Village Tarda and Bhaisamuda) are presently operational under Tehsil Barpali. Letter of intent has been issued to a 4.90-hectare area of Khasra No. 1/1 of Village Chicholi, Tehsil Barpali, District Korba (Chhattisgarh) and other Gram Panchayats Dhangaon and Kachhar and the process of sand quarry approval is under process.

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vii. It is further pertinent to mention here that as per the aforementioned letter, continuous actions are being taken by the District task force with regard to illegal

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OA No. 75/2024(CZ)

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News item titled "Korba gram panchayat chicholi mein dhadalle se ho raha ret ka avaidh khanan evam parivahan, dekhen video" appearing in CGNN 24 News.

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sand mining in their respective districts.

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viii.With regard to the Environmental Compensation, it is submitted here that vide letter dated 22.04.2024, Department of Environment and Housing has been made the nodal agency for the implementation of environmental compensation by the State Government.”

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The perusal of report disclosures that the necessary environmental clearance has been issued by the authorities concerned and district task force is continuously monitoring the illegal mining within the area. It is further submitted that the Department of Environment and Housing has been given the responsibility for calculation of the environmental compensation.

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In view of the above facts, we direct the CECB to regularly monitor the illegal mining within the area and in-case of any violation, the matter should be reported to the Department of Environment and Housing for the imposition of environmental compensation according to rules.

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With these observations Original Application No. 75/2024 stands disposed of.

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Sheo Kumar Singh, JM

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Dr. A Senthil Vel, EM

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08^th August, 2024 O.A No. 75/2024(CZ) PN

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OA No. 75/2024(CZ)

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News item titled "Korba gram panchayat chicholi mein dhadalle se ho raha ret ka avaidh khanan evam parivahan, dekhen video" appearing in CGNN 24 News.

News Item Titled "Korba Gram Panchayat Chicholi Mein Dhadalle Se Ho Raha Ret Ka Avaidh Khanan Evam Parivahan Dekhen Video" Appearing in Cgnn 24 News v. State of Chattisgarh

Case brief

What is this about?

What did the court decide?

News Item Titled "Korba Gram Panchayat Chicholi Mein Dhadalle Se Ho Raha Ret Ka Avaidh Khanan Evam Parivahan Dekhen Video" Appearing in Cgnn 24 News v. State of Chattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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