ORDER

1. This OA is registered on the basis of the news item titled "Rohtas mei avaidh baalu khanan ke khilaaf karyavai, SDM ne 6 Haiwa ko kia jabt" appearing in ETV Bharat dated 06.02.2024.

2. The news relates to the alleged illegal sand mining at Rohtas District of Bihar and it has been disclosed that the SDM has seized six Haiwas trucks in connection with sand mining at Rohtas while taking action against the sand mining mafia. The news item also mentions that action has been taken by the authorities on receipt of intimation about illegal sand mining.

3. The news item raises substantial issue relating to compliance of the environmental norms.

4. Power of the Tribunal to take up the matter suo-motu 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.

5. On advance notice, a factual report on behalf of the Bihar State Pollution Control Board (BSPCB) has been filed stating that six Haiwas (dumpers) which were carrying sand were intercepted during the night patrolling since water was dipping from them and the drivers had produced transport challans and other documents, permits etc. relating to sand which were found to be in order and genuine but since the sand was wet and water was dipping from Haiwas, therefore, they were seized and penalty was levied and, thereafter, they were released. Along with the report, though the truck numbers of six Haiwas have been disclosed but the details of owners, details of mining lease and environment clearance etc. have not been disclosed.

6. Hence, we dispose of the application directing the Member Secretary, BSPCB to find out correct facts and submit a report before the Eastern Zonal Bench of the Tribunal disclosing full particulars of the persons responsible for extracting the sand which was being transported in the trucks in question and also enclosing all the necessary documents relating to grant of lease, environment clearance, etc. Let the said report be filed by the Member Secretary, BSPCB within two months before the Registrar of Eastern Zonal Bench, Kolkata. If found necessary, the matter will be listed before the Bench for consideration. Let the original record of the OA be transferred to the Eastern Zonal Bench, Kolkata.

7. The OA is accordingly disposed of.

8. A copy of this order be forwarded to Member Secretary, BSPCB by e-mail for compliance.

Prakash Shrivastava, CP Dr. A. Senthil Vel, EM Dr. Afroz Ahmad, EM March 15, 2024 DV