Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NGT) 2046

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. AMIT STHALEKAR, JM, DR. ARUN KUMAR VERMA, EM
NEWS ITEM TITLED BARRICADE ILLEGAL SAND MINING POSE THREAT TO WGH RIVERBANK APPEARING IN THE SHILLONG TIMES DATED 29 06 2024 – Appellant
Versus
CENTRAL POLLUTION CONTROL BOARD – Respondent
Original Application No.170/2024/EZ | Earlier O.A. No.919/2024/PB

Advocates:
For the Appellants/Petitioners: Suo Motu
For the Respondents: Mr. Surendra Kumar, Ms. K. Enatoli Sema, Ms. Anamika Pandey, Mr. Himanshu Sehrawat

The court ruled that environmental compensation for illegal mining must align with sustainable practices and adequately address ecological damage, ensuring strict compliance with environmental norms.

Headnote:(A) Environmental Protection Act, 1986 - Regulation of mining activities - Allegation of illegal sand mining resulting in bank erosion of Rongai River - Court emphasized on compliance with Sustainable Sand Mining Guidelines and highlighted the need for assessment of environmental compensation based on the report of the Committee constituted for scale of compensation. (Paras 8-9, 24, 33)

(B) The court further directed the Meghalaya State Pollution Control Board to compute environmental compensation against illegal miners in accordance with the prescribed scheme and initiate recovery processes within two months. (Paras 33, 34)

Facts of the case:
The grievance stemmed from a news report concerning illegal sand mining affecting the riverbanks and leading to erosion. It was found that barricades and mining activities had negatively impacted the river's flow and ecology. The Respondent authorities had issued closure notices and conducted inspections confirming illegal operations and land erosion.

Findings of Court:
The Tribunal directed the Meghalaya State Pollution Control Board to compute and recover environmental compensation for the illegal mining, emphasizing the vital need for environmental restoration measures.

Issues: The main issues addressed include the extent of illegal sand mining, its ecological impacts, and appropriate compensation under the polluter pays principle.

Ratio Decidendi: The court held that compliance with environmental regulations is essential and compensation should be commensurate with ecological damage incurred due to illegal mining activities, per established guidelines.

Result: Original Application disposed with directives.

Item No.09 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

Original Application No.170/2024/EZ (Earlier O.A. No.919/2024/PB)

News Item titled "Barricade illegal sand mining pose threat to WGH riverbank" appearing in The Shillong Times dated 29.06.2024 Applicant(s)

Date of hearing : 10.07.2025 Date of Uploading : 18.07.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Suo Motu For Respondent(s) : Mr. Surendra Kumar, Adv. for R-1 (in Virtual Mode), Ms. K. Enatoli Sema, Adv. for R-2 (in Virtual Mode), Ms. Anamika Pandey, Adv. for R-3 (in Virtual Mode), Mr. Himanshu Sehrawat, Adv. for R-4&5 (in Virtual Mode)

ORDER

1. Affidavit dated 03.07.2025 has been filed on behalf of the Respondent No.2, Meghalaya State Pollution Control Board ; the same is taken on record.

2. Affidavit dated 27.02.2025 has been filed on behalf of the Respondent No.4, Deputy Commissioner, West Garo Hills ; the same is taken on record.

3. Mr. Himanshu Sehrawat holding brief of Mr. Avijit Mani Tripathi, learned Counsel is present (in Virtual Mode) on behalf of the Respondent Nos.4, Deputy Commissioner, West Garo Hills and 5, P.W.D. (Roads), Rongai.

4. Heard Mr. Surendra Kumar, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.1, Central Pollution Control Board (CPCB) ; Ms. K. Enatoli Sema, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.2, Meghalaya State Pollution Control Board ; Ms. Anamika Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.3, Ministry of Environment, Forests and Climate Change (MoEF&CC) and Mr. Himanshu Sehrawat, learned Counsel appearing (in Virtual Mode) for the Respondent Nos.4 and 5.

(Final order of the said case will be uploaded in NGT website by separate sheets of paper)

..................................... B. Amit Sthalekar, JM ….......................................... Dr. Arun Kumar Verma, EM July 10, 2025, Original Application No.170/2024/EZ (Earlier O.A. No.919/2024/PB)

SKB Item No.09 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

Original Application No.170/2024/EZ (Earlier O.A. No.919/2024/PB)

In the matter of:

News Item titled "Barricade illegal sand mining pose threat to WGH riverbank" appearing in The Shillong Times dated 29.06.2024 .... Applicant(s)

Versus

1. Central Pollution Control Board Through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi – 110032

2. Meghalaya State Pollution Control Board Through its Member Secretary, “ARDEN”, Lumpyngngad, Shillong, Meghalaya – 793 014

3. Ministry of Environment, Forests and Climate Change (MoEF&CC)

Through its Regional Office Integrated Regional Office, Law-U-Sib, Lumbatngen, Near MTC Workshop, Shillong

4. Deputy Commissioner, West Garo Hills Office of the Deputy Commissioner, Dist: West Garo Hills, Meghalaya – 794001

5. P.W.D. (Roads), Rongai Through its Secretary .... Respondent(s)

ORDER

1. The Original Application No.919/2024/PB was registered as suo motu by the New Delhi Bench of the Tribunal on the basis of a news item titled “Barricade illegal sand mining pose threat to WGH riverbank” appearing in The Shillong Times dated 29.06.2024.

2. The article highlights the erosion of the banks of Rongai Valley Project in Chibinang in West Garo Hills, Meghalaya. It is stated that the water of the Rongai River continues to make inroads by taking away more and more soil every time

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