Item No. 07 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No. 158/2023(CZ)

Chandar Singh Bhagwan Applicant(s)

Vs.

State of M.P. & Ors. Respondent(s)

Date of Hearing: 08.07.2024 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant(s): M r. Robin Singh Bisht, Adv.

For Respondent(s) : Mr. Shreyas Dharmadhikari, Adv.

Mr. Prashant M. Harne, Adv.

Mr. Teerthesh Bhartiya, Adv.None.

ORDER

1. Issue raised in this application is exorbitant quantum of illegal mining of sand taking place at village Badagaon, Babri, Jajna, Charua, Nhalai, Madhagaon, Jahajpur, Janwasam Semalwad, Mhow Kala Ninor, Chhipaner, Ambajadeed, Chhidgaoankacchi, Neelkanth, of District Sehore, wherein, there is not even a single allocated/valid Sand Quarry in terms the of the list of Sand Quarries, for which, the tender has been floated as per the Madhya Pradesh Sand Mining Policy, 2019 as the date of the tender has already been over on 30/06/2023 and the work of the non-applicant no. 7 still continues.

2. For carrying out illegal sand mining, JCBs, Pokland and Kashtis are being used, which are excavating illegal sand from the river bed of Narmada in and around the mentioned villages of District Sehore. After excavating the sand from the river bed, all the excavated sand is collected in the adjacent farm land of the villagers disturbing the entire flaura fauna of the fertile soil/ agricultural land of the mentioned villages.Please note down. Next paragraph. The matter was taken up by this tribunal on 3rd of November

2023.

3. By illegally excavating sand from all the above-mentioned villages adjacent to Narmada bed in District Sehore, the sand is transported to various locations as per the demand and arrangements. In order to transport the sand from the illegal query, Electronic Transit Permit ( ETP ) /Royalty is generated of some other area wherein illegal sand mining is taking place in some other distance location around Narmada bed.The google coordinated have captured pictures of dumpers loaded with sand at some specific location at a specific time whereas the Royalty has been paid from some other distant locations.

4. The matter was taken up by this Tribunal on 03.11.2023 and a committee was constituted with following directions :-

1. “We deem it just and proper to call a report on the matter in issue in present Original Application, from a Joint Committee consisting of:-

i. One representative from Collector, Sehore, (M.P.).

ii. One representative from Central Pollution Control Board, (M.P.). iii. One representative from Madhya Pradesh Pollution Control Board.

2. The Committee is directed to visit the place and submit the factual and action taken report within six weeks. The State PCB will be the nodal agency for coordination and logistic support.”

3. In compliance thereof, the members of the committee visited the site and submitted the report as follows:-

“The joint committee discussed the issues mentioned in the petition and accordingly decided to obtain the information primarily from the concerned departments viz., District Mining Office, Sehore and M/s The M.P. State Mining Corporation Ltd., Bhopal. The main points are related to the operation of sand mines after contract period and verification of the pit passes issued for sand transportation also action taken by the district mining office against the illegal mining / transportation etc. are considered. The points on which information is required from the concerned departments are mentioned as under:

1. Information of operation of sand mines after

30.06.2023.

2. Information and verification regarding issuance of Electronic Transport Passes (ETP), after June 30, 2023.

3. The measures taken by the District Mining Office, Sehore, in relation to the illegal mining and transportation of sand.

4. Operational status of sand mines.

A. A letter was issued to Managing Director, M.P. State Mining Corporation, Bhopal vide