The National Green Tribunal has taken suo motu cognizance of a news report exposing large-scale illegal sand mining in Chhattisgarh's Kharun river, marking a significant intervention in environmental governance. The order establishes a joint committee to investigate violations and mandates strict compliance with environmental norms, reinforcing the precautionary principle in ecological protection cases.
Background & Facts
The News Report
On 1 January 2026, Dainik Bhaskar Star published an investigative report titled "Saat Din Pehele Jahan Karyavai Ki Wahan Ab Bhi Avedh Khanan Me Lage Hain Mafia" exposing systematic illegal sand mining in the Kharun river. The report documented:
- Round-the-clock extraction using motorboats and heavy machinery
- Creation of illegal access routes by digging riverbanks
- Blockage of agricultural water canals
- Transportation of sand to industrial hubs in Durg and Bhilai
- Alleged political protection enabling continued violations
The report highlighted that mining in flowing rivers causes greater ecological damage than dry riverbed extraction, including:
- Destruction of aquatic habitats
- Water pollution from motorboat operations
- Ecosystem disruption through unregulated extraction
Procedural Initiation
The NGT registered Original Application No.20/2026(CZ) suo motu based on the news report, invoking its powers under Section 14(1) of the NGT Act, 2010. The application named:
- State of Chhattisgarh through District Magistrates of Durg and Raipur
- Chhattisgarh Environment Conservation Board
- District Mining Officer, Durg
The Legal Issue
The central questions before the Tribunal were:
- Whether the reported activities constitute violation of environmental laws, including the Environment Protection Act, 1986 and Mines and Minerals (Development and Regulation) Act, 1957
- What immediate remedial measures are required to prevent irreversible ecological damage
- How to ensure accountability of state authorities responsible for enforcement
The Court's Analysis
The Tribunal's order reflects a proactive approach to environmental protection, emphasizing:
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Precautionary Principle Application:
"A substantial issue of environmental concern has been raised requiring immediate intervention to prevent ecological damage."
The order notes that mining in flowing rivers causes greater harm than dry riverbed extraction, warranting stricter scrutiny.
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Institutional Accountability: The Tribunal directed impleadment of multiple state agencies, including the District Mining Officer and Environment Conservation Board, signaling that enforcement failures would be closely examined.
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Scientific Investigation Mandate: The constitution of a joint committee comprising representatives from:
- State Environment Department
- Chhattisgarh Environment Conservation Board
- Central Pollution Control Board
demonstrates the Tribunal's reliance on expert assessment for fact-finding.
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Procedural Safeguards: The order specifies:
- E-filing requirements for responses (searchable PDFs only)
- Strict timelines (6 weeks for report submission)
- Nodal agency coordination through the State PCB
The Verdict
The Tribunal issued the following key directions:
- Notice to respondents with 4-week returnable period
- Constitution of joint committee to submit factual and action-taken report within 6 weeks
- Mandatory e-filing of all documents in searchable PDF format
- Listing on 17 April 2026 for further hearing
The order establishes that suo motu cognizance can be taken based on credible media reports, reinforcing the NGT's role as a watchdog for environmental compliance.
What This Means For Similar Cases
Environmental Violations Require Immediate Intervention
- Practitioners should note that the NGT may initiate proceedings without formal petition when media reports reveal systemic violations
- State authorities must maintain proactive monitoring systems to detect and prevent illegal mining activities
- NGOs and citizens can leverage this precedent to bring environmental violations to the NGT's attention through documented evidence
Scientific Evidence Prevails Over Administrative Inaction
- The joint committee model establishes a template for fact-finding in environmental cases, combining:
- State-level expertise (Environment Department)
- Regulatory oversight (State PCB)
- Central government perspective (CPCB)
- Burden of proof effectively shifts to state agencies to demonstrate compliance with environmental norms
Procedural Compliance Is Non-Negotiable
- E-filing requirements (searchable PDFs) indicate the NGT's emphasis on digital accessibility
- Strict timelines (6 weeks for reports) create binding obligations for state agencies
- Nodal agency coordination ensures accountability in multi-agency investigations
The order serves as a warning to mining operators that environmental violations will face swift judicial scrutiny, particularly when they involve:
- Flowing river ecosystems
- Heavy machinery operations
- Allegations of political protection
