Case BriefsTribunals/Commissions/Regulatory Bodies

National Green Tribunal (NGT): The Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice Sheo Kumar Singh (Judicial Member) and Dr Satyawan Singh Garbyal and Dr Nagin Nanda (Experts Member) addressed an issue with regard to illegal sand mining and permitting the same by authorities concerned.

Issue for Consideration?

Remedial action against illegal mechanical sand mining on the river bed of River Yamuna and construction of a temporary bridge with hume pipes at Shamli, Uttar Pradesh.

Tribunal had earlier considered the above-stated issue in light of the joint committee report to the effect that illegal mining was being done. Remedial action was also directed against which the entity carrying on mining approached the Supreme Court by way of appeal but the same was dismissed on 13-11-2019.

Tribunal in its Order dated 28-11-2019 noted the remedial action taken by way of levy of compensation and revocation of Environmental Clearance (EC) had been taken.

State of U.P.

On 05-03-2020, a statement was made on behalf of the State of U.P that mining had been permitted by subsequent orders as the entity had adopted safeguards like installing CCTV Cameras etc.

District Magistrate had filed a report wherein it was found that as per inspection conducted, the lessee was found doing illegal mining beyond the mining lease area and as per the mining regulations compensation was assessed with reference to the rate of royalty. Thereafter, the lessee has still been allowed to continue even though compensation has still not been paid on the ground that an appeal is pending even though there is no stay.

Decision

Tribunal was surprised that even after finding illegal mining the lessee was allowed to continue without any coercive measure and even without recovering the assessed compensation which is against the rule of law and arbitrary.

Bench held that the Collusion of authorities allowing such action is not ruled out which needs to be looked into by higher authority concerned. 

Calculation for illegal mining is not based on settled principles which require compensation to be assessed not merely to recover loss of royalty but also for the loss to the environment. The compensation must be thus revised. The lessee may be required to bear the cost of restoration of the area where mining was done illegally.

Further, authorities may consider revoking of Environment Clearance in favour of a violator but no case of mining should be allowed without prior payment of the entire assessed compensation.

The above-stated aspects shall be looked into by a joint committee of the State PCB and the District Magistrate.

Matter to be listed on 24-02-2021. [Sandeep Kharb v. Ministry of Environment Forests & Climate Change, 2020 SCC OnLine NGT 857, decided on 29-10-2020]

Hot Off The PressNews

The National Human Rights Commission has taken suo motu cognizance of a media report that a journalist was allegedly killed by sand mafias in the Unnao district of Uttar Pradesh on the 19th June, 2020. Reportedly, the victim Shubham Tripathy was working as a correspondent with a Hindi Daily, Kampu Mail. He had been reporting about illegal sand mining in the district and had apprehended threat to his life from them. Reportedly, his opponents had also lodged a complaint against him with the District Magistrate.

The Commission has issued a notice to the Government of Uttar Pradesh through its Chief Secretary and the Director General of Police calling for a detailed report in the matter. The State Government has also been directed to get an impartial enquiry into the matter by an independent agency, preferably the State CB CID and to ensure safety of the family of the victim and the witnesses in the matter. The call details and other forensic evidences gathered during inquiry to be preserved as the Commission might call them during consideration of the case. The response is expected, within 4 weeks.

The Commission has observed that the news report has mentioned that in many cases the media persons have been targeted by the anti-social elements and in most of the cases no action against the culprits has been taken by the police authorities.

In the democratic system of Government, the media is considered as its fourth pillar which cannot be allowed to be victimised by the anti social elements in such a cruel manner. It is the duty of the state to provide adequate safety and security to the media persons who in the public interest, keep taking great risks to highlight the illegal activities prevailing in the society. The death of Shubham Tripathy in this case is a matter of concern for the Commission and also an issue involving violation of human rights.


National Human Rights Commission

Press Release dt. 26-06-2020

Case BriefsTribunals/Commissions/Regulatory Bodies

National Human Rights Commission: The NHRC has taken suo motu cognizance of a media report stating that a television journalist, who had complained about threats to his life after he carried a sting operation on illegal sand mining, was mowed down by a truck in Bhind district of Madhya Pradesh on the 26th March, 2018. The deceased, was talking on his phone in front of a police station, when the incident occurred. The Commission has issued notices to the Chief Secretary and the Director General of Police, Madhya Pradesh calling for a detailed report in the matter within four weeks.

The Commission has observed that the contents of the news report if true, indicate towards negligence on the part of administration, especially the police authorities who failed to save a precious human life. The tragic death of the journalist is indicative of violation of human rights as well as democratic values and also callousness of the state administration for not taking appropriate steps protecting the life and safety of the deceased, when reportedly, he had already complaint about the threats to his life. The Commission also noted that it did not receive any such complaint as mentioned in the news report.

The Commission further observed that the death of a journalist, who had reportedly exposed certain unlawful and unauthorized activities, was doing his duty and his death is a matter of concern for it. India is a democratic country and the democracy cannot thrive without Right to Freedom of Speech and Expression. Freedom of Speech and Expression is one of the six freedoms, recognized under Article 19 of the Constitution of India. The Press is considered to be the fourth pillar of the democracy.

Article 19 of the Universal Declaration of Human Rights also states that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

According to the media reports, carried today on 27th March, 2018, Sandeep Sharma, the victim working for a local TV channel had expressed apprehension that he could be killed by the sand mafia. Shri Vikas Purohit, nephew of the deceased journalist has made a complaint to the police authorities alleging that his uncle had been facing threat to his life because of the recent sting operation; he had carried out on the sand mafia. He has also mentioned that several authorities, including the Human Rights Commission were informed by the deceased, requesting for his security.

Reportedly, the journalist had to record his statement against one SDPO and was being threatened by some unidentified people. The Superintendent of Police, Bhind has reportedly stated that the application given by the deceased was being examined. It is further mentioned by the Superintendent of Police that a Special Investigation Team has been formed to probe into the matter.

National Human Rights Commission