NGT Directs Chhattisgarh PCB To Impose Penalty On Violators For Ilegal Sand Mining

The central bench of National Green Tribunal (NGT) has directed the Chhattisgarh State Pollution Control Board (PCB) to realise the environmental compensation from the violators conducting illegal mining.

A bench of Justice Sheo Kumar Singh and Dr. A. Senthil Vel directed that, "that the recommendations submitted by the Joint Committee must be strictly complied with and further direct that CECB has to ensure that all the sand mining projects accorded EC and will be permitted to operate only after obtaining requisite Consent to Establish/Consent to Operate from the competent authority."

In April, the Tribunal had taken a suo moto cognizance of a news item alleging illegal sand mining by Sand Mafias in Raigarh district of Chhattisgarh.

As per the article, despite sufficient availability of sand in the district, the entire business had gone into the hands of mafias. "Sand prices have also doubled. Earlier the price of one dumper sand used to be Rs 5000-6000, which has now reached around Rs 10 thousand,"article stated.

The article highlighted that Only Usroute Sand Ghat is running with a valid license but it cannot meet the needs of the entire district. The sand mafia has taken advantage of the opportunity and took over the entire business and are involved in illegal sand mining. It further alleges that at various places like Kharsia, Raigarh, Pusaur, Gharghoda, Tamnar, Dharamjaygarh, different people have taken control of the sand business.

The bench opined that the matter indicated the violation of the Sand Mining Guidelines, 2016 and the provisions of The Environment (Protection) Act, 1986.

 The matter was taken up by the Tribunal in April and a report was called from the State PCB and a joint committee was also formed.

Consequently, a detailed report was filed by the State PCB wherein it was submitted that the "District administration has taken action against the violators under MMDR Act, 1957 and seized the vehicles deployed for illegal mining. The District administration also imposed penalty of Rs 1,25,000/- under as per Rule 21 (4)(5) of MMDR, Act 1957 State Mining Department seized the vehicles deployed and imposed penalty of Rs. 1,25,000/- for illegal mining of sand at Village-Kandagarh, Tehsil-Pussour, District-Raigarh and the case is under process."

The Committee also recommended to levy an Environmental compensation of Rs.362580/- on the violators who committed the illegal sand mining and transportation.

Perusing the report, NGT noted that there are two cases of violation, "in two cases notices have been issued and realization of penalty in the form environmental compensation to the tune of Rs. 1.25 Lakhs and Rule 21(4)(5) of Mine and Minerals (Development and Regulation) Act, 1957 and in another case a notice was also issued against the violators for illegal mining for recovery of environmental compensation to the tune of Rs. 3,62,580/- and Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981."

Consequently, it directed the State PCB to finalize the matter of environmental compensation and to realize it and to deposit it in State Treasury in accordance with the rules.

Title: News Item titled "Ret Ki Ek Hi Vaidh Khadan Isliye Haavi Hue Baalu Mafia" appearing in Kelo Pravah dated 23.04.2024.

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