ORDER

1. This Original Application is registered on the basis of the news item titled “Umaria nahi tham raha avaidh ret khanaan, police ne phir jabt kia ek tractor, khanij vibhag to nai jaankari’ appearing in Amar Ujala dated 03.02.2024. The news item reveals the illegal excavatin and transportation of sand in Umaria district of Madhya Pradesh. As per the news item sand was being illegally excavated in a red coloured tractor near Bhola Bag’s farm on Arjun Pahadia Road at Umaria. As per the disclosure some actin has been taken by the police against the culprits. The news item reveals violation of the Sand Mining

1 Original Application No. 179/2024(CZ) News item titled umaria: nahi tham raha avaidh ret khanan Guidelines, 2016 and provisions of Environmental Protection Act, 1986.

2. The matter was taken up by this Tribunal on 14.03.2024 and respondent/State Pollution Control Board was directed to submit the factual and action taken report.

3. In compliance of the order the State Pollution Control Board has filed the compliance report as follows :

“A. Power of seizing machine, tools machinery wrt illegal mining

1.

Collector or Officer authorized for this purpose as per Para 2 Section 20 (1) of Madhya Pradesh Sand (Mining, Transportation, Storage & Trading) Rule, 2019 "Provided that if penalty amount imposed is not deposited by the illegal extractor, then Collector or Officer authorized for this purpose may confiscate and auction the seized mineral, vehicle, machines and tools". [A copy of this rule is filed herewith as Annexure-02]

2. The Collector or any Officer authorized for this purpose as per Para 1 Section 53 (2) of Madhya Pradesh Minor Mineral Rules, 1996 "Whenever any person is found extracting or transporting mineral in contravention of the provisions of these rules the Collector/Additional Collector/ Joint Director/Deputy Director/Mining Officer/Assistant Mining Officer, or any Officer authorized by him or Zila/Janpad/Gram Sabha] may seize the minor minerals and its products together with all tools, equipment’s and vehicles used in committing such offence. A copy of this rule is filed herewith as Annexure-03].

B . Power of Releasing/Forfeiting Machinery engaged/involved in illegal mining

1. The Collector or any Officer authorized for this purpose as per Para 1 Section 20 (1) of Madhya Pradesh Sand (Mining, Transportation, Storage & Trading) Rule, 2019 "On receipt of information about illegal mining, the Collector or Officer authorized for this purpose, shall seize mineral, vehicle, machine, tools etc. and case shall be submitted, before the Collector. During the pendency or before taking final decision of the registered case, if any application for compounding the case is received, the Collector may dispose of the case after applicant depositing an amount equal to 25 times of royalty of the

2 Original Application No. 179/2024(CZ) News item titled umaria: nahi tham raha avaidh ret khanan excavated mineral. During this period, if application/consent is not received, Collector shall impose penalty, 50 times of the royalty of mineral excavated. On deposit of compounding amount or penalty amount, the seized mineral, vehicle, machines, tools, may be released". [A copy of this rule is filed herewith as Annexure-04].

2. The Collector or any Officer authorized for this purpose as per Para 1 Section 53 (4) of Madhya Pradesh Minor Mineral Rules, 1996 "The property so seized under sub-rule (2) may be released by the officer who seized such property on execution of a bond to the satisfaction of the officer by the persons from whose possession such property was seized. It shall be produced at the time and at the place when such production is asked for by such officer: Provided that where a report has been made to the Magistrate under sub rule (3) then the seized property shall be released only under the orders of such Magistrate". [A copy of this rule is filed herewith as Annexure-05].

4. A report has been filed by the Mining Department with the