1. This Original Application is registered suo-motu on the basis of the news item titled "illegal Mining: Fake eRawanas worth Rs 8.4 cr at core of ED probe" appearing in Tribune News Service dated 28.02.2024. The news item relates to illegal mining in Haryana and the alleged fake eRawana receipts worth Rs. 8.4 crores for purchasing boulders, gravel and sand and diversion of flow of River Yamuna due to illegal mining. The news item states that the Enforcement Directorate (ED) has registered FIRs against Om Guru Screening Plant, a mineral dealer at Belgarh village of Yamunanagar who was running a syndicate of illegal mining in the name and style of ‘Majha group’ in Yamunanagar district and neighboring district. As per the news item fake eRawanas have been used by the screening plant owners to convert illegally mined mineral to legal and the same has been sold to other screening plants and the stone crushers. As per the news item Dilbag Singh and his associate companies were involved in illegal mining activities.
2. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
3. Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
4. Once the above violator has come to the notice of Haryana State Pollution Control Board (HSPCB), requisite steps are required to be taken for imposition of Environmental Compensation (EC) for the damage which has been caused to the environment due to illegal mining.
5. Learned counsel appearing for the HSPCB on advanced notice summits that now due action will be taken for imposition of EC against the persons who are responsible for illegal mining and causing damage to the environment. For this purpose the HSPCB is required to ascertain the extent of the illegal mining and the damage which has been caused and the concerned persons responsible for the same and take appropriate action for imposition of EC. Learned counsel submits that the said exercise will be completed within a period of three months.
6. Hence, we dispose of the OA directing the HSPCB to file the action taken report within four months before the Registrar General of the Tribunal by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF and if found necessary the matter will be listed before the bench for consideration.
