ORDER

1. Hea rd Learned Counsel for the Applicant and Respondents. The issue of illegal mining and blockage of free flow of natural water through nallah by the Respondent No.6 & 7 has been raised in this application. It is alleged that the Respondent No. 6 is residing in Sagar and purchased the land only for the mining purposes and after purchasing the land they have to follow the due process of l aw for mining on the Government land. The private land of village Ujnethi, Tehsil Shahegarh, District Sagar (M.P.) as mentioned in the application was subject matter of mining and there is an excessive mining and also blocking and damaging the barsati nallah, which is just adjoining the nallah and resulting into the disturbance of ecology in the area. It is further alleged that the similar illegal mining is being done in village Chakgorakatia and Dilona Tehsil Shahegarh District Sagar. It is further alleged that approximately 1000 truck mining material was seized by the administration from the Respondent No. 6 & 7 but due to political pressure the same was released without any Environmental Compensation and without any action against the violators of Law.

2. The matter was taken up on 04.09.2020 and a committee consisting District Magistrate, Sagar, District Mining Officer Sagar, and SPCB was constituted to submit a factual and action taken report. The committee has submitted the report, which is as follows :

3. The Applicant has filed objection against the report with the following facts :

(extracted below):

―3. That the above said Committee submitted the report before this Tribunal in the month of January 2021 after the inspection on 22.10.2021, and falsely stated in the Report that there is no illegal mining in the area of Village Ujnethi, Chakgoriakatya and Dillona situated in Tehsil Shaigarh, District Sagar, M.P.

4. That applicant most respectfully submitted that above said report is false. The applicant himself visited the site and taken the photograph, which show the illegal mining as well as there is no wire fencing, tree plantation etc. etc.

5. That the renowned newspapers i.e. “Dainik Bhaskar, Patrika, Raj Express” also published the news and raised this problems of illegal mining in the area of Village Ujnethi, Chakgoriakatya and Dillona situated in Tehsil Shaigarh, District Sagar, M.P. News Reports also went to taken the view of the concerned officer, then S.D.M. himself admitted in Patrika newspaper, that he put his signature on Report submitted by the inspection officer, who visited the site. The said admission of the S.D.M. is also violation of the order/direction passed by this Hon’ble Tribunal on 04.09.2020.

6. That applicant most respectfully submitted that illegal mining are is going on, with the collusion of local administration. The Committee constituted under the head of Local Administration could not stop to illegal mining, so the Committee must be constituted of Independently, because applicant alleging about the illegal mining on collusion of local administration, therefore Committee constituted by this Tribunal headed by Local Administration cannot filed the True Report against the illegal mining. It is to be noted that if these officer has discharged their duty as per law, then there is no chances of illegal mining in the area.‖

4. Learned Counsel appearing for Applicant has argued that as per news paper reporting, which has been attached with the objection, there is clear admission by the concerned officer/sub division Magistrate that he has simply put his signature on the paper and not gone with the facts of the illegal mining. It is further alleged instead of inspection by the collector himself he has delegated the power to the SDM, who in turn reply to the news paper reporter that he has simply put the signature. Learned Counsel appearing for the State of MP and Learned Counsel appearing for the SPCB have submitted that the copy of the objection have not been provided to them and further argued that the allegat