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Item No. 04

Court No. 2

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

(BY HYBRID MODE)

Original Application No. 818/2022

(I.A. No. 55/2023 & I.A. No. 56/2023 and IA No. 67/2023)

Sandal Parveen

Applicant

Versus

Union of India & Ors.

Respondent(s)

Date of hearing:

20.02.2023

CORAM :

HONBLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HONBLE PROF. A. SENTHIL VEL, EXPERT MEMBER

Applicant:

Mr. Kausar Raza Faridi, Advocate with Ms. Sandal Parveen,

Applicant in Person

Respondent:

Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for UPPCB

ORDER

I.A. No. 55/2023 & I.A. No. 56/2023

1.

Both these applications have been filed by applicant, Sandal

Parveen through Shri Kausar Raza Faridi, Advocate. She is also present

in court as identified by Shri Kausar Raza Faridi, Advocate.

2.

IA No. 55/2023 has been filed with prayer that she may be

permitted to withdraw this Original Application No. 818/2022. IA No.

56/2023 has been filed seeking permission to change her Counsel by

discharging earlier Counsel and permitting Shri Kausar Raza Faridi,

Advocate to appear on her behalf for pressing both these IAs.

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3.

It is stated in the IAs that on pursuance of some busy bodies, she

filed this original application, or it will highlight her name and will be

beneficial for her carrier.

4.

Therefore, it is evident that for a professional adventure, it appears

that this original application has been filed. This kind of the attitude and

conduct is highly improper and we find it appropriate to deprecate this

practice and attitude.

5.

I.A. Nos. 55/2023 and 56/2023 are allowed to the extent that we

permit applicant, Sandal Parveen to withdraw herself from this original

application and not to be bothered to pursue this matter. However,

having gone through the matter and considering earlier order dated

16.11.2022, we find that a substantial question relating to environment

due to implementation of Scheduled Enactments under NGT Act, 2010

has arisen and since issue is important relating to protection of

environment, it would be appropriate in the present matter to convert

this original application as suo motu action by this Tribunal and it shall

be registered accordingly by changing the cause title name as

Sonbhadra vs. Union of India & Ors.

IA No. 67/2023

6.

In view of above order passed, no further order appears to be

necessary in IA No. 67/2023 which stands disposed of.

Original Application No. 818/2022

7.

Grievance in this application is against illegal mining for excavation

of morrum at No. 824 kha (Khand 4) in area 12.368 hectare at Village

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Agori Khas, Tehsil Obra, District Sonebhadra by M/s Sudhakar Pandey

and Associates (PP-1), Civil Line Road, Tehsil Robertsganj, District

Sonebhadra, U.P.

8.

Further, illegal morrum mining is alleged at No. 824 kha (khand

no. 3) in area 16.194 hectare at Village Agori Khas, Tehsil Obra, District

Sonbhadra, by M/s New India Minerals (PP-2) Prop. Surendra Tiwari

resident of 190 Govind Fur Ganeshpur, Akbarpur District Ambedkar

Nagar U.P.

9.

According to the applicant, mining is being done by PP-1 in

violation of norms outside the allotted lease area at Village Mitapur on

the forest land/wildlife forest habitat which is within buffer zone of

Kaimoor Wildlife Sanctuary. It is also endangering the flora fauna and

vegetation alongwith wild animals such as Black Bucks, Sambhar, Snoth

Bears, Wild Boars, Indian Fox, Jackals, Spotted Deer, Striped Hyena,

Apes, Chinkara as well as number of water bodies including species of

land and water birds reptilia such as Monitor Lizard, Pythons etc. The

illegal miners have constructed illegal bridge of home pipes over the river

Son blocking the free flow of river for transporting sand by trucks and

also involved in illegal mining from the mid of river through machine

boats by using heavy JCB and Poklanes for loading and damaging the

public transportation