In environmental disputes, allegations of illegal mining require substantial evidence for action, and insufficient evidence leads to dismissal of complaints.

ORDER

1. This Original Application was registered in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897 by registering letter petition dated 30.08.2023 sent by Madan Lal s/o Kalturam r/o Village Asoi, Khat Bharam, PO Baila, Tehsil- Chakrata, District Dehradun, State of Uttarakhand under Section 14 and 15 of National Green Tribunal Act , 2010 (hereinafter referred to as ‘NGT Act, 2010’).

2. Complainant has stated that Diwan Singh s/o Mehar Singh r/o Village Asoi, Khat Bharam is presently Gram Pradhan and engaged in large scale illegal mining of sand, boulder, bajri etc. by using heavy machines like JCB in Kanasar Range under Aasai Pattern Tones Rivers and transporting minerals using tractors by constructing a road on complainant’s land. Complainant has represented to various authorities complaining about illegal mining activities of Diwan Singh but no action has been taken.

3. Complaint was considered by Tribunal on 05.04.2024. It found satisfied prima facie that a substantial question relating to environment has arisen out of implementation of Enactments specified in Schedule I to NGT Act, 2010. However, before proceeding further, Tribunal found it appropriate to obtain a factual report for which constituted a joint Committee comprising representatives of Ministry of Environment, Forest and Climate Change, Integrated Regional Office, Dehradun; Uttarakahnd Pollution Control Board (hereinafter referred to as ‘UKPCB’) and District Magistrate, Dehradun.

4. Committee was required to submit its report at least three days before the next date i.e. 08.05.2024.

5. Pursuant to above order, report dated 04.05.2024 has been submitted by District Magistrate, Dehradun referring to provisions of Uttarakhand Minerals (Prevention of Illegal Mining, Transport and Storage) Rules, 2021 and said that in consequence to complaint made by Madan Lal, action was taken against Gyara Singh s/o Ram Singh for storing 296.11 cub. mtr. of sand and Shri Vijan Singh s/o Dhan Singh for storing 551.40 cub. mtr. of sand illegally and twice the time of royalty has been recovered. Gyara Singh has been saddled with demand of royalty at Rs. 74,619/- and Vijan Singh has been saddled with liability of royalty of Rs. 1,38,953/-. The Tones River Area was also inspected and at five places, mining conducted was found as under:-

“During the inspection, illegal excavation of sub-minerals was found going on in the Tons river area situated below the Gram Panchayat Asoi (Patan). On the spot, the mineral excavated at 05 places in Tons river was measured, which was found to be as follows on average-

1- Length 09 m X width 03 m X depth 0.70 m = 18.90 cubic meter (RBM)

2- Length 27 m X width 05 m X depth 1.00 m = 135 cubic meter (RBM)

3- Length 09 m X width 04 m X depth 0.50 m = 18 cubic meter (RBM)

4- Length 03 m X width 02 m X depth 0.50 m = 03 cubic meter (RBM)

5- Length 20 m X width 07 m X depth 1.50 m = 210 Cubic Meter (Sand)”

6 . Thus, as per inspection made at site, illegal mining of 384.90 cub. mtr. of sand was found for which action has been taken against Vijan Singh and Gyara Singh. On the complaint of Madan Lal, notice was also given to Diwan Singh, Gram Pradhan, requiring him to submit reply by 17.05.2024. Besides other, in respect of illegal mining, following action was taken against Transporters and those who had conducted illegal mining, details are, as under:-

“The Joint Inspection Committee has also informed that in relation to illegal mining, the following action has already been taken by the revenue officers/employees of Teh