Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 1389

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, A Senthil Vel, Expert Member
NEWS ITEM TITLED THERE IS ONLY ONE LEGAL MINE OF SAND THAT S WHY OTHER SAND MINES DOMINATED APPEARING IN KELO PRAVAH DATED 23.04.2024 – Appellant
Versus
CHATTISGARH ENVIRONMENT CONSERVATION BOARD – Respondent
Original Application No. 151/2024(CZ)|O.A.No.617/2024 - PB

Advocates:
For the Appellants/Petitioners: None
For the Respondents: Prashant Sthapak, Parul Bhadoria

Illegal sand mining requires environmental compensation per NGT scales, enforcement of consents, and strict regulatory compliance for minor minerals.

Headnote:The judgment addresses violations of Sand Mining Guidelines, 2016 and Environment (Protection) Act, 1986 arising from a news report on illegal sand mining in Raigarh district, Chhattisgarh, where mafia control led to unapproved ghats, price doubling, and limited licensed operations. Essential facts include one operational sand mine at Usraut, identification of 22 new sites, seizures, and penalties imposed. Court findings confirm actions against illegal mining, lack of consents, and need for environmental compensation. Key issues framed involve regulatory compliance for minor mineral mining, prior environmental clearance per Supreme Court directives, and monitoring under EIA Notification, 2006. Ratio decidendi emphasizes adoption of NGT-approved compensation scales (Approach-2 NPV), enforcement via MMDR Act provisions, and joint committee observations on site inspections revealing no active illegal mining during monsoon but violations in consents and storage. Final outcome directs State PCB to finalize and realize environmental compensation of Rs. 3,62,580/- and Rs. 1,25,000/-, ensure consents for operations, comply with committee recommendations, disposing the suo motu application.

Table of Content
1. suo motu initiation on news report alleging illegal sand mining by mafias. (Para 1 , 2 , 3 , 4)
2. joint committee report on district geography, mining status, and violations. (Para 5)
3. penalties imposed and environmental compensation calculated for illegal mining. (Para 6)
4. directions for compensation recovery, consents, and compliance with recommendations. (Para 7 , 8 , 9)

ORDER

1. This Original Application is registered suo-motu on the basis of the news item titled “jsr dh ,d gh oS/k [knku blhfy, gkoh gq, ckyw ekfQ;k” appearing in Kelo Pravah dated 23.04.2024.

2. The matter relates to illegal sand mining in Raigarh district of Chhattisgarh. As per the article, despite sufficient availability of sand in the district, the entire business has gone into the hands of mafias. It alleges that Sand ghats were not approved on time due to which illegal mining is taking place. Sand prices have also doubled. Earlier the price of one dumper sand used to be Rs 5000-6000, which has now reached around Rs 10 thousand.

3. The article highlights that Only Usroute Sand Ghat is running with a valid license but it cannot meet the needs of the entire district. The sand mafia has taken advantage of the opportunity and took over the entire business and are involved in illegal sand mining. It further alleges that at various places like Kharsia, Raigarh, Pusaur, Gharghoda, Tamnar, Dharamjaygarh, different people have taken control of the sand business. The Mineral Department takes action only around Raigarh city whereas the mafia has made huge amounts of illegal earnings by increasing the prices of sand in the entire district.

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

5. The matter was taken up by this Tribunal on 29.05.2024 and report was called from the State PCB. In compliance thereof the State PCB has filed the report with the facts as follows :-

1. “Brief about Raigarh District of Chhattisgarh:

Raigarh district is situated in the north eastern part of the Chhattisgarh. between Latitudes 21(cid:176)20‟21”:22°47‟13”N and Longitudes82(cid:176)55‟36” : 83°42‟16”E.Geomorphologically, the area of the district to the north of Mahanadi River exhibits landforms of low-level structural plateaus, structural plain, pediplain/pediment, denudational hills and valleys and the region of middle and high level plateaus. The younger flood plain (including infilled river beds) delineated along the course of the Mahanadi River. The area of the south of Mahanadi River exhibits land forms of structural hills and valleys, older flood plain, denudational slope, pediment/ pediplain and denudational hills and valleys. Physiographically the district forms a part of a Mahanadi basin drainedby the Mahanadi and its tributaries viz Mand, Kelo and Kurket. The general slope of the area to the north and south of Mahanadi River is towards south and north direction respectively. Kelo river originates from the Gharghoda Tehsil’s Ludeg hills of the district. River stretches of 107 km passing through Raigarh district. River Kelo and Mand flows from North to South. Mand River flows 35 km through Raigarh district of Chhattisgarh.

2. Submission of the Chhattisgarh State Mining Department:

District Mining Officers informed that presently approval has been accorded to one sand mine namely M/s Usraut Sand Mine located at village Usraut, Tehsil& District Raigarh, which is in operation. Copy of the Mine lease deed and environment clearance letter is enclosed. The Chhattisgarh State Mining Department has already identified 22 suitable sites in the Raigarh district for sanctioning new sand mining leases and further action in this regard is under progress, which invariably useful to meet the demand of local people. Copy of the above 22 identified suitable sites are enclosed. Reportedly Officers of the Chhattisgarh State Mining Department carryout regular inspection at different locations

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