ORDER

1. This Original Application is registered suo-motu on the basis of the news item titled "Threat to tea garden from mining gang” appearing in The Telegraph dated 12.06.2024.

2. The matter relates to the illegal extraction of minor minerals like sand and stone from Balson river and Rakti river near Siliguri in West Bengal. As per the article, those engaged in extracting minor minerals are using the Putinbarie tea estate forcibly and are taking away mounds of earth from vacant stretches on the plantation. The article alleges that this is affecting the garden’s roads. The workers at the tea estate have claimed that when restricted the mining, mafia retorts to threats and intimidation.

3. The article highlights that because of unscientific digging of vacant land which is close to the river bank, water from the river is flooding tea plantations and eventually affecting the production of tea. It is alleged that the garden is already under distress because of low yield and some other issues. Now if such activities continue in the garden, it would pose a question over the sustenance of Putinbarie estate.

4. The above news item indicates violation of the Sustainable Sand Mining Guidelines, 2016 and the provisions of The Environment (Protection) Act, 1986.

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

6 . 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.

7. Hence, we implead following as respondents in this matter:

(i) Central Pollution Control Board, Through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi-110032 (ii) West Bengal Pollution Control Board, Through its Member Secretary, Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhannagar, Kolkata-700 106 (iii) Ministry of Environment, Forest and Climate Change, Through its Regional Office, Integrated Regional Office, Kolkata IB – 198, Sector-III, Salt Lake City, Kolkata – 700106 (iv) District Magistrate, Darjeeling, Office Of The District Magistrate, Kutchery Building, Lebong Cart Road, Darjeeling, West Bengal, Pin-734101

8. Let notice be issued to the above Respondents for filing their response before the appropriate bench of the Tribunal.

9. Since the matter relates to the Eastern Zonal Bench, Kolkata, therefore, OA is transferred to the Eastern Zonal Bench for appropriate further action. Office is directed to transfer the original record of the OA to Eastern Zonal Bench, Kolkata.

10. List before Eastern Zonal Bench at Kolkata on 24.09.2024.

Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 25, 2024 Original Application No. 918/2024 AS.