National Green Tribunal takes suo motu cognisance of illegal excavation, transportation, storage of minerals in Chhattisgarh

The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating  to illegal excavation, transportation, and storage of minerals in the Janjgir-Champa district of Chhattisgarh.

The Petition is registered suo-moto on the basis of the news item dated 06.04.2024.

As per the article, illegal excavation, transportation, as well as storage of minerals is being done at Pamgarh, Shivrinarayan, Dewarghata, and Birra areas in Janjgir-Champa.   

The article highlights that 6 cases for illegal transportation of sand, 1 case of clay (brick), and 1 case of mud in the district were registered. Thus, in total, 8 vehicles, one JCB machine and seven tractor-trolleys were seized and taken into custody. 

It further highlights that as the investigating officers arrived at the site, people driving these vehicles fled from there.  

The above news item indicated the Bench violation of the Mines and Minerals Act, 1957 and the provisions of The Environment (Protection) Act, 1986.

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

“Power of the Tribunal to take up the matter in suo-motu exercise of power 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.”

Hence, Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. A Senthil Vel impleaded the following as respondents in the matter:

(i) Chhattisgarh Environment Conservation Board, through its Member Secretary.

(ii) Central Pollution Control Board, through its Member Secretary.

(iii) Ministry of Environment, Forest & Climate Change.

(iv) Collector & District Magistrate.

The Bench issued notice to the Respondents.

Since the matter relates to the Central Zonal Bench, Bhopal, therefore, the Bench transferred the matter to the Central Zonal Bench , for appropriate further action. Office is directed by the NGT to transfer the original record to the Central Zonal Bench and the matter is listed on 26.07.2024.

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