{"id":186640,"date":"2021-07-17T16:00:44","date_gmt":"2021-07-17T10:30:44","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=186640"},"modified":"2021-11-16T18:16:43","modified_gmt":"2021-11-16T12:46:43","slug":"ngt-directs-remedial-action-against-sonipat-firm-for-illegal-mining-diverting-flow-of-river","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/national-green-tribunal\/ngt-directs-remedial-action-against-sonipat-firm-for-illegal-mining-diverting-flow-of-river\/","title":{"rendered":"NGT directs remedial action against Sonipat firm for illegal mining, diverting flow of river"},"content":{"rendered":"\n
The National Green Tribunal has issued directions to the Ministry of Environment, Forests and Climate Change’s (MoEF&CC) Regional Office, Chandigarh, the Chief Secretary, Haryana, Environment Department, Haryana and the District Magistrate, to take remedial action against illegal mining by DSP Associates, Sonipat by diverting the natural flow of the river.<\/p>\n\n\n\n
The Principal bench headed by Justice Adarsh Kumar Goel said, \u201cThe fact that mining was continuing for three years without any action by the statutory regulators which shows the failure of the statutory regulatory mechanism, for which remedial action needs to be taken with the intervention of the higher authorities by the Government.\u201d<\/p>\n\n\n\n
The application has been filed by Krishan Chander against illegal mining by DSP Associates, Sonipat by diverting the natural flow of the river by digging a man-made pit i.e. 20 ft. deep and 1 km long and making a bund to stop the natural river flow.<\/p>\n\n\n\n
The applicant relied on the judgement of State (NCT of Delhi) v. Sanjay, (2014) 9 SCC 772<\/strong>, which held that apart from action under the mining laws, illegal mining involves an offence of theft which requires the concerned police to take remedial action by registration of criminal offence.<\/p>\n\n\n\n In the course of arguments and assessment, the tribunal finds that all relevant factors have not been taken into account while fixing compensation. Neither the cost of restoration is mentioned nor has an action plan for restoration been provided. The principle of deterrence has also not been involved.<\/p>\n\n\n\n