Disposed

Thiru M J Shankar vs

NGT8 Feb 2024Original Application No. 775/2023

Case brief

AI extract

What is this about?

The National Green Tribunal Principal Bench allowed the original application alleging illegal mining and revenue loss. It constituted a Joint Committee for site verification, issued notices to respondents, and transferred jurisdiction to the Southern Zone Bench at Chennai.

What did the court decide?

Constitution of a Joint Committee for verification; transfer of case to Southern Zone Bench; issuance of notices to respondents.

Thiru M J Shankar vs — Mining and Natural Resources | NGT (2024)

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Item No.3

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(Court No. 2)

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.

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(Through Physical Hearing with Hybrid V.C. Option)

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Original Application No. 775/2023

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Thiru M J Shankar …Applicant Versus State of Tamil Nadu & Ors. …Respondents Date of hearing: 08.02.2024

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER. HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER. Applicant: None for the Applicant.

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Application is registered based on a letter petition received by email.

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ORDER

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Mr. M. J. Sankar has sent to this Tribunal by email a copy of the letter addressed to Tmt. K.M. Sharayu, I.A.S. District Collector, Krishnagiri, Tr. Veediappan, Deputy Director-Geology and Mining Department, Krishnagiri and Tr. Ganeshsan, RDO, Krishnagiri which has been treated and registered as O.A. No. 775/2023.

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The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-

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X X X X

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“Sub: Several thousand crores Money Laundering executed inside Krishnagir Mines buried to escape from NGT Actions and reg!

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According to the Roc.No.1148/2023 Dt: received from DD Mines Krishnagiri, he failed to furnish the exact measurements taken in my own land in S.F.No.744, from 10th month of 2021 as the above

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O.A. No. 775/2023

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MJ Sankar Vs. State of Tamil Nadu & Ors.

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-2-

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mentioned both Collr and DD Mines - Krishnagiri and had intentionally delivering various chronic reasons till date to prevent furnishing the same to safeguard illegal mining operators Tr.Murugan, Gandhi & an........! after colluding with them for a personal benefit of several lakhs is proved.

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Further while perusing your below attached recent reply am shocked that there was more than 100 Granite Robbers/ illegal mining operator framed with pittance amount as fine and penalty by violating Hon'ble RMDJ's Order in M/s Karunai Granite Case were the Hon'ble Judge had directed you to recover the entire amount of transactions done in illegal mining operators as compensation for violating National GREEN TRIBUNALS ORDERS, which stands far away from your swearing taken and falls under the ambit of I.A.S., Screening COMMITTEE for your visible collusion by hiding the measurements taken in my S.F. No.744 even after your DD Mines admitted to measure a fresh and also failed to furnish same till date.

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Hence I am herewith invite your kind attention to furnish the complete measurements taken recently from survey no.744 where 13cents of land and its Granite wealth uptown 200 feet being allowed to rob under your shadow unless or otherwise you are intentionally/ knowingly compelling me to approach the Hon'ble NATIONAL GREEN TRIBUNALS for the loss occured in my land as well in several Granite fields and its mammoth revenue loss to Govt of India which attract severe Money Laundering in lime light.

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I am your disposal for any further clarification in the above subject and below enclosed your Office recent reply. And waiting for your urgently intervention to furnish the shielded measurements taken in my S.F.No.744.”

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X X X X

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Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010. 4. In view of the averments made in the application, we consider it appropriate to have response of (1) State of Tamil Nadu through Chief Secretary, Government of Tamil Nadu, (2) Department of Geology and Mining through its Secretary, Government of Tamil Nadu, (3) Tamil Nadu Pollution Control Board, through its Member Secretary and (4) Collector, Krishnagiri who stand impleaded as respondents No. 1 to 4. The Registry is directed to prepare and attach memo of parties to the application and issue notices to

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O.A. No. 775/2023

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MJ Sankar Vs. State of Tamil Nadu & Ors.

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respondents No. 1 to 4 requiring them to file their reply/response within two months.

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In view of the averments made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual position and take appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Department of Geology and Mining, Government of Tamil Nadu, Tamil Nadu Pollution Control Board and Collector, Krishnagiri and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and take appropriate remedial action by following due course of law. The Tamil Nadu Pollution Control Board will be the nodal agency for coordination and compliance.

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Even though in the present case cognizance has been taken by this Bench on the basis of letter petition received by post with approval and assignment under order of Hon’ble Chairperson, but in view of the facts and circumstances of the case including the fact that the place of accrual of cause of action lies within jurisdiction of the Southern Zone Bench of this Tribunal at Chennai, we are of the considered view that it will be appropriate if the case is further heard by the Southern Zone Bench of this Tribunal at Chennai.

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Accordingly, the Registry is directed to list the matter before the Southern Zone Bench of this Tribunal at Chennai on 23.04.2024 after obtaining orders from Hon’ble the Chairperson for transfer of the case.

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Factual and Action taken Report by the Joint Committee and reply/response by the respondents be filed within two months before the Southern Zone Bench of this Tribunal at Chennai by email judicial-

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O.A. No. 775/2023

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MJ Sankar Vs. State of Tamil Nadu & Ors.

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[email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.

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A copy of this order be sent to the Secretary, Department of Geology and Mining, Government of Tamil Nadu, Member Secretary, Tamil Nadu Pollution Control Board and Collector, Krishnagiri by email for requisite compliance.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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February 08^th , 2024 N

Thiru M J Shankar vs

Case brief

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Thiru M J Shankar vs

Case brief

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