ORDER

1. Issue raised in this letter petition is compliance and enforcement of Sustainable Sand Mining Management Guidelines, 2016 & The Enforcement and Monitoring Guidelines for Sand Mining, 2020 and to regulate the procedure for seizure and release of vehicles involved in the transportation of illegal mining.

2. This original application is registered as Suo Moto on the basis of the news item titled "Khanij vibhag kee badi karyavai: dump kiye gaye 125 tractor ret ko kia jabt" appearing in ‘The Rural Press’ dated 29.03.2024.

3. The news item relates to the alleged illegal sand mining in different places in the Bilaspur District of Chhattisgarh. As per the news item, Revenue and Mining Departments have seized 125 tractors filled with sand and that the illegal sand in 35 tractors was kept in Ghutku Village. Similarly, at Singrauli 40 tractors of illegal sand was dumped and 50 tractors sand was found at Village Ghutku left abandoned, therefore, the administrative authorities have taken action.

4. The Tribunal has taken the cognizance in the matter Suo moto on the Settled Principle of Hon’ble Supreme Court of India laid down in the matter of Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors. reported in 2021 SCC online SC 897 and issued notice to the respondent to submit the reply. In compliance thereof, the CECB filed the reply with the facts as follows:

i. “That as per Chapter XI Rule 71 of the Chhattisgarh Minor Mineral Rules, 2015, the Collector/Joint Director/ Deputy Director/Mining Officer/Assistant Mining Officer/Mining Inspector or any Officer authorized by him or Zila Panchayat/Janpad Panchayat/Gram Panchayat are the appropriate authorities for taking actions like imposing penalty and seizing the minerals and its products. The Relevant Rules are mentioned herein below for the easy reference of this Hon’ble Court:-

“71. Penalty for unauthorized extraction and transportation.

….. (2) Whenever any person is found extracting or transporting mineral in contravention of the provisions of these rules, the Collector/Joint Director/ Deputy Director/Mining Officer/Assistant Mining Officer/Mining Inspector or any Officer authorised by him or Zila Panchayat/Janpad Panchayat/Gram Panchayat, may seize the minerals and its products together with all tools, equipments and vehicles used in committing such offence...”

ii. That Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, provides for penalty for the illegal extraction of minerals. Further, Section 22 of the Act defines cognizance of offences and states that no court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon a complaint in writing made by a person authorized on this behalf by the Central Government or the State Government.

iii. Section 23B of the Act empowers the Gazetted officers of the Central or State Government, authorized by them in this behalf to search any mineral which has so been raised by the violator in contravention of the present Act. Therefore, the aforesaid provisions show that it is the duty of the Central Government or State Government to recover the illegal excavator of mineral, the price or royalty of the mineral so excavated by the violators without any lawful authority.

iv. The Government of Chhattisgarh, Housing and Environment Department, pursuant to the order dated 26.02.2021 passed in O.A No. 360/2015 titled as National Green Tribunal Bar Association vs. Virendra Singh has recently issued a letter to the Secretary of Department of Mining, Chhattisgarh dated 01.04.2024, whereby it has appointed the Department of Mining as the nodal agency inter alia for ensuring all the compliances along with power to impose Environment Compensation on the violators of the illegal sand mining.

v. In view of the above mentioned fact, and pursuant to the last order dated 16.04.2024 passed by Hon’ble National Green Tribunal, Delhi, the answering Respondent issued a letter to the Director o