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2025 Supreme(Online)(NGT) 289

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. SUDHIR AGARWAL, JUDICIAL MEMBER, HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
BALWINDER KAUR – Appellant
Versus
STATE OF PUNJAB – Respondent


Advocates:
Applicant in Person (through VC)
Mr. Sandeep Bajaj, AAG with Mr. Mayank Biyani, Mr. Ankit Siwach, Advocate for PPCB, Mr. Tarun Dua, Ms. Madhu Sweta, Mr. Yash Kapoor, Ms. Astha Dhawan for NHAI
Mr. Ayush Acharjee for Respondent No. 4

Table of Content
1. complaint about illegal mining risk to environment. (Para 1 , 2)
2. joint committee findings on illegal mining violations. (Para 3 , 4 , 5 , 6 , 7 , 8)
3. arguments regarding accountability under environmental laws. (Para 19 , 20 , 21)
4. liability for environmental compensation and remediation. (Para 61 , 62 , 63)

JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. On a letter petition dated 06.08.2023 received from Balwinder Kaur, this Original Application (hereinafter referred to as ‘OA’) was registered under Sections 14 and 15 of National Green Tribunal Act , 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha , (2022) 13 SCC 401

2. The complainant raised a grievance of risk of thousands of trees felling due to likelihood of land sliding. It is said that illegal mining is being carried out upto 15 to 20 feet in agricultural land adjacent to Forest Department land where thousands of trees are standing which are facing risk of land sliding on account of illegal mining which may result in tremendous loss to environment

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