Disposed

Misc Application in disposed of cases No. 135/2024 in Original Application No. 587/2022 of Krishna Kumar Ram and Ors. vs

NGT8 Apr 2025Misc Application in disposed of cases No. 135/2024 in Original Application No. 587/2022

Case brief

AI extract

What is this about?

This order disposes of a miscellaneous application filed by applicants challenging non-compliance with a prior order regarding illegal sand mining. The Tribunal accepted apologies from respondent officers, accepted reports confirming surveillance measures, and issued further directions to prevent illegal mining in an Eco-Sensitive Zone.

What did the court decide?

The miscellaneous application was disposed of; the respondents are directed to ensure compliance with sand mining guidelines and prevent illegal mining.

Misc Application in disposed of cases No. 135/2024 in… — Environment and Pollution | NGT (2025)

¶1

Court No. 2

¶2

Item No.03

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

Misc Application in Disposed of Cases No. 135/2024 In Original Application No. 587/2022

¶5

Krishna Kumar Ram and Ors Applicants

¶6

Versus

¶7

State of Bihar & Ors. Respondents

¶8

Date of hearing: 08.04.2025

¶9

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

¶10

Applicant: None for the applicant.

¶11

Respondents: Mr. Abhimanyu Singh, Advocate for BSPCB (through VC). Mr. Dinesh Kumar Rai, DM, West Champaran and Mr. Sushant Kumar Saroj, SP, Bagaha, West Champaran (through VC).

¶12

ORDER

¶13

Krishna Kumar Ram and others filed Original Application No. 587/2022 before this Tribunal complaining about illegal sand mining in the area of Samra Labheda Panchayat, eco-sensitive zone of Balmiki Tiger Reserve.

¶14

Original Application No. 587/2022 was disposed of by this Tribunal vide order dated 17.03.2023. The relevant part of the order reads as under:-

¶15

¶16

“9. We have gone through the report of the Joint Committee and replies/responses filed. In the replies/responses it has been mentioned that illegal mining is being done six months ago and no illegal mining is being done at present. FIR No. 51/2022 is stated to have been registered in Police Station Piprasi against the persons alleged to have indulged in illegal mining. However, details of the investigation made, result of the same and the police report filed on completion on investigation have not been mentioned in the responses. However, the Joint Committee and the concerned respondents did not take any steps to identify the exact area within which illegal mining has been done, the quantity of sand illegally mined and have not taken any steps for imposition and realization of environmental compensation and reclamation/rejuvenation of the illegally mined area.

¶17

10. It may be observed that this Tribunal has issued directions in number of cases vide orders passed from time to time including order dated 26.02.2021 passed by this Hon’ble Tribunal in OA No. 360/2015 in the matter of National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) and as per directions given by this Tribunal Enforcement & Monitoring Guidelines for Sand Mining 2020 have been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC). Based on past experience and suggestions available, the requirements have been suggested for defining a mechanism for monitoring of mining activities which will help in identification of mining which is operating either illegally or are violating the regulatory provisions. Actions against illegal excavation and transport have also been suggested in the guidelines and the relevant part reads as under:-

¶18

“X X X X

¶19

9.6 Actions against illegal excavation and transport

¶20

Solapur district administration in Maharashtra had adopted a multi-pronged strategy to penalize the persons involved in illegal excavation and transport which resulted in a significant increase in revenue earned by the state. Following rules and procedures as mentioned in these guidelines will add to the costs of PP. Those involved in illegal activities are not required to bear these costs and this will make their supply in the market cheaper (though illegal). This will put the players running their business by following rules and procedures laid down by the government to disadvantage as far as the selling price is considered. Therefore, it is necessary to come down heavily on those involved in illegal excavation/transport, so that there is no incentive for players to abide by the rules.

¶21

The following action may be taken to achieve this deterrence against illegal business:

¶22

¶23

1. The action should be taken under all legal options available simultaneously. Thus, after identifying the case of illegal excavation, storage and/or transport of minor minerals (including sand), fine should be levied as per the land revenue laws/code(s) of the state. In addition, FIR should be lodged in the police station under relevant sections of law including sec 379 IPC. In addition, action under the Motor Vehicle Act, 1989 and relevant rules should initiate to cancel/suspend the driving license of the driver and permit of the vehicle. Further, action should be initiated under provisions in the Income Tax Act, 1961 for unaccounted income and under the Central Goods and Services Act, 2017 for non-payment of GST. (Earlier this was done under the state act pertaining to Value Added Tax/Sales Tax). Habitual offenders should also be taken up under local state laws for externment and/or preventive action. It is clarified that as per law, it is possible to take all actions under various laws simultaneously for one offence. What is prohibited in law is an action under the same law for the same act more than once.

¶24

2. The action should be taken against all persons responsible. Often, there is a tendency to penalize only the drivers of the vehicles. The mafia of illegal mining and transport is much bigger and drivers are only one part of the system. It is necessary to identify all those involved in the offence. It is usually not possible to reach the place of excavation without creating a motorable pathway up to the same through land which may be private land. Such role of such landowners needs to be looked into for each offence and proceeded against simultaneously. Further, the role of vehicle owners needs to be probed. Role of the person who allowed his land to be used for illegal excavation and storage should also be examined. Lastly, the person who purchases such sand should also be probed. The legal proceedings stated above needs to be initiated against all of these together. An attempt should be made to fix the financial responsibility in joint and several ways so that recovery is easier.

¶25

3. There may be discretion available in law about the extent of the penalty to be levied. If such discretion is very wide, then it is advisable that guidelines may be laid down to reduce such discretion in law for levying penalties. For example, in Maharashtra, Land Revenue Code, fine of any amount of penalty up to thrice the value of the sand can be levied. Solapur district administration had instructed Tahsildars and SDMs not to use discretion and levy the fine of three times the value. Availability of discretion makes junior level functionaries susceptible to pressures and it may also lead to corrupt practices.

¶26

4. It is emphasized that actions, as stated above, are most important to ensure that the IT-based system works. If these exemplary actions are not taken against everyone, it shall create

¶27

¶28

a strong disincentive to those involved in legal excavation and transportation. For IT-based (or any other) legal system to work, it is necessary to ensure that illegal system stops working altogether.”

¶29

11. In view of the above the application is dispose of with directions as under:-

¶30

i.) The District Magistrate and the Superintendent of Police, West Champaran, Bihar are directed to take all requisite steps including setting up of check posts, installation of CCTV cameras and use of drones for ensuring that no illegal mining takes place in the eco sensitive zone in question;

¶31

ii.) The Bihar State Pollution Control Board (BSPCB) is directed to take appropriate proceedings against persons alleged to have indulged in illegal mining for imposition and realization of environmental compensation and utilization thereof for restoration of environment in the affected area.

¶32

iii.) The Superintendent of Police, West Champaran, Bihar is directed to issue appropriate instruction for completion of investigation in the FIR already registered expeditiously and taking of action against all involved in accordance with direction issued by this Tribunal in order dated 26.02.2021 passed by this Hon’ble Tribunal in OA No. 360/2015 in the matter of National Green Tribunal Bar Association Vs. Virender Singh (State of Gujarat) and the Enforcement & Monitoring Guidelines for Sand Mining 2020.

¶33

iv.) Action taken report be filed by the Member Secretary, BSPCB, District Magistrate and the Superintendent of Police, West Champaran, Bihar within four months by e- mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before this Bench for further directions.

¶34

12. A copy of this order be forwarded to the BSPCB, the District Magistrate and the Superintendent of Police, West Champaran, Bihar by email for compliance.”

¶35

Due to non-receipt of any report in compliance of above said order,

¶36

the matter has been listed before this Bench for further orders.

¶37

¶38

Vide order 10.12.2024 show cause notices were issued to Member Secretary, BSPCB, the District Magistrate, West Champaran and the Superintendent of Police, West Champaran to show cause as to why order for their prosecution be not passed by this Tribunal for non-compliance in submission of the report as directed by this Tribunal.

¶39

However, the District Magistrate, West Champaran and the Superintendent of Police, West Champaran did not file any reply to the show cause notices. The Member Secretary, BSPCB appeared through Counsel and sought time to file reply.

¶40

Vide order dated 20.02.2025 bailable warrants of arrest were ordered to be issued against the District Magistrate, West Champaran and the Superintendent of Police, West Champaran for their appearance before this Tribunal for examination as witnesses and time was granted to the Member Secretary, BSPCB for filing of his reply.

¶41

Reply dated 03.04.2025 has been filed by BSPCB. Reply dated 02.04.2025 has been filed by Superintendent of Police, Bagaha, West Champaran and reply dated 02.04.2025 has been filed by District Magistrate, West Champaran.

¶42

In his reply Member Secretary, BSPCB has submitted that in the absence of details of sand illegally mined and seizure made by the police environmental compensation could not be computed.

¶43

In his reply the District Magistrate, Champaran has submitted that he alongwith the Superintendent of Police, Bagaha and other designated officers visited the site and found that no mining of any kind was taking place. Charge sheet against the accused have been filed in Case FIR No. 51/2022 by the SHO, PS, Piparsi. Check Post has been established by the

¶44

¶45

Police and 24 X 7 duty has been allotted, barricading has been done, solar power cameras have been installed at the entry point and drone camera is being regularly use to prevent illegal mining in the Eco Sensitive Zone of Balmiki Tiger Reserve.

¶46

In his reply the Superintendent of Police, Bagaha has also made similar report.

¶47

Mr. Dinesh Kumar Rai, District Magistrate, West Champaran and Mr. Sushant Kumar Saroj, Superintendent of Police, Bagaha, West Champaran have appeared before this Tribunal through VC and have also tendered unconditional apology for non-submission of reports as directed by this Tribunal and have assured that requisite remedial measures will be taken to prevent illegal mining.

¶48

In view of action taken as mentioned in the reports filed by the District Magistrate, West Champaran and the Superintendent of Police, Bagaha, West Champaran, the present Miscellaneous Application is disposed of with further direction that the District Magistrate, West Champaran and the Superintendent of Police, Bagaha, West Champaran shall ensure taking of appropriate action in compliance with Sustainable Sand Mining Management Guidelines 2016 and Enforcement and Monitoring Guidelines for Sand Mining 2020 and also directions issued by the Hon’ble Supreme Court of India and this Tribunal to prevent illegal mining.

¶49

Arun Kumar Tyagi, JM

¶50

Dr. Afroz Ahmad, EM

¶51

April 08^th , 2025 Misc Application in Disposed of Cases No. 135/2024 In Original Application No. 587/2022 AB

¶52

Misc Application in disposed of cases No. 135/2024 in Original Application No. 587/2022 of Krishna Kumar Ram and Ors. vs

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 135/2024 in Original Application No. 587/2022 of Krishna Kumar Ram and Ors. vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Misc Application in disposed of cases No. 26/2025 in Original Application No. 310/2022 of Kamlesh Singh vs

Misc Application in disposed of cases No. 4/2025 in Original Application No. 40/2014 of Shri Lakhan Singh Dhurve vs the State of Madhya Pradesh through Its Secretary

Misc Application in disposed of cases No. 121/2024 in Original Application No. 232/2024 of Rajender Singh vs

Misc Application in disposed of cases No. 17/2024 in Original Application No. 242/2021 of 1. Tejah Balantrapu S/O. Hemachandra Balantrapu 202 Grace Des Res Heights SBI Colony Baghamberpet HYDERABAD-500013 Telangana vs Ministry of Environment Forest and Climate Change

Misc Application in disposed of cases No. 114/2024 in Original Application No. 550/2022 of Pramod Kumar Agarwal vs

Misc Application in disposed of cases No. 124/2023 in Original Application No. 692/2022 of Junaid Ayubi vs State of Uttrakhand

Misc Application in disposed of cases No. 85/2024 in Original Application No. 55/2024 of Gopal Chandra Vanwassi vs Uttarakhand Pollution Control Board

Misc Application in disposed of cases No. 123/2023 in Original Application No. 442/2022 of Juned Ayubi vs

Ia No. 254/2025 in Misc Application in disposed of cases No. 129/2024 of Birender Sangwan vs Ministry of Public Works Depatments

Hardeep Sharma vs

Kaushal Kishore Vishwakarma vs

Ia No. 275/2025 in Misc Application in disposed of cases No. 137/2024 of Durga Prasad Yadav vs

Misc Application in disposed of cases No. 114/2024 in Original Application No. 550/2022 of Pramod Kumar Agarwal vs

Pateshwari Prasad Singh vs