Remanded

News Item Titled "Sand Mafia Builds ,Roads, to Riverbed Officials ,Unearth, It" Appearing in the Times of India Dated 03.01.2024 vs

NGT11 Sept 2024Original Application No. 89/2024

Case brief

AI extract

What is this about?

The Principal Bench of the NGT, noting that the site of illegal sand excavation lies in Bastar district, Chhattisgarh, transferred the suo motu O.A. to the Central Zone Bench at Bhopal for appropriate further action.

What did the court decide?

Transfer of Original Application No. 89/2024 to the Central Zone Bench, Bhopal.

What the court decided

News Item Titled "Sand Mafia Builds ,Roads, to Riverbed… — Environment and Pollution | NGT (2024)

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Court No. 1

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Item No.05

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original ApplicationNo. 89/2024

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News item titled "Sand mafia builds, roads, to riverbed officials ,unearth, it" appearing in the Times of India dated 03.01.2024

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Date of hearing: 11.09.2024

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

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ORDER

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In this original application registered suo motu , the issue of construction of a temporary road by the sand mafia in Bhamragarh Taluka of Gadchiroli to connect the main road to the river bed for illegal excavation of sand is involved.

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The Tribunal vide order dated 01.02.2024 had impleaded the parties and transferred the O.A. to the Western Zone Bench, Pune.

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Before Western Zone Bench, Pune proceedings took place. Respondent No. 4: District Collector and District Magistrate, Gadchiroli had filed a reply affidavit dated 10.06.2024 taking the stand that the spot was inspected on 29.12.2023 and it was also found that at Paralkota River several unknown sand mafias had illegally excavatedthe red soil and cut trees from dense forest area and made a temporary road in Paralkota river bed and transported excavated sand in the tractor. The reply further states that the measurement of the site in question was conducted and it was found that the area falls within the jurisdiction of Mouza Hemalkasa situated within the boundary of BastarDistrict of

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Chhattisgarh which falls within the Jurisdiction of the Central Zone Bench, Bhopal.

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The order passed by the Western Zone Bench, Pune on 20.08.2024 recording theabove position is extracted as under:

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“4.In pursuance of our previous order dated 09.05.2024, respondent No.4 - the District Collector and District Magistrate, Gadchiroli, who is being represented by learned counsel Ms. S.B. Vaidya-Pandit along with the District Mining Officer, Gadchiroli, has filed replyaffidavit dated 10.06.2024, wherein it has been stated that the spot was inspected on 29.12.2023 and it was found that at Paralkota river, several unknown sand mafias had illegally excavated the red soil and cut trees from dense forest area and made a temporary road in Parlkota river-bed and transported the excavated sand in tractors. About 65 brass of sand has been excavated illegally by unknown persons from two spots and 60 brass of soil has been excavated from the riverbank by the unknown persons. The measurement of the site in question was got conducted through the Deputy Superintendent of Land Records, Bhamragarh on 05.01.2024 and it was found that the area measured is lying in the jurisdiction of mouza Hemalkasa, which was found to be situated within the boundary of Bastar district of Chhattisgarh State. The said area falls under the jurisdiction of Forest Department of Chhattisgarh State. An FIR has also been lodged being FIR No.14/2024 with the Police Station, Bhamragarh against the unknown persons, wherein investigation has begun.”

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In view of the above order, the O.A is listed today before the Principal Bench. Since the area in question is found to be in Bastar which is Chhattisgarh, we transfer the O.A. to the Central Zone Bench, Bhopal for appropriate further action.

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Let the O.A. be listed before the Central Zone Bench, Bhopal on 25.10.2024.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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September 11, 2024 O.A. No. 89/2024.. HB

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News Item Titled "Sand Mafia Builds ,Roads, to Riverbed Officials ,Unearth, It" Appearing in the Times of India Dated 03.01.2024 vs

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News Item Titled "Sand Mafia Builds ,Roads, to Riverbed Officials ,Unearth, It" Appearing in the Times of India Dated 03.01.2024 vs

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What the court decided

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