Illegal Sand Mining in Narmada Valley: Interim Order by CJ bench of M.P. High Court

‘’Leases for land acquired for SSDam by NVDA- a Colourable exercise of power 

State to submit timeline data: Collectors can take Action and Report ‘’

26-03-2015| Jabalpur: Today, the Chief Justice Bench of Madhya Pradesh High Court (Jabalpur) passed two important interim orders related to the sand-mining and canal affected farmers’ issues, in the cases filed on behalf of Narmada Bachao Andolan and the affected farming communities

“Mining Department of state government leasing out land owned by (right vested with ) NVDA is a colourable exercise of Power. Such leases will be binding’’, the Interim order by Chief Justice A.K. Khanwilkar and Justice Alok Aradhe, declared. Based on the prima facie information from the petitioner, Narmada Bachao Andolan (NBA). The CJ bench directed the state government to produce significant data pertaining to the dates on which the ownership rights related to the specified lands got vested with NVDA and when were leases granted.

The Hon’ble Court also referred to the environmental issues saying that any activity causing major environmental damage must be stopped without further loss of time and M.P. Pollution Control Board is to be responsible for the same.

Since the counsel for MPCB was not present today, MPCB was asked to submit their response by April 7th, the next date for hearing, on the issues raised.

The interim order also has specified that during the pendency of the case, concerned Collector are not forbidden from taking action. When they take action, it should be reported to the Court, order directed.

The case is filed by NBA on various grounds, to stop illegal mining causing destruction of land, water, polluting air and river affecting the life of Sardar Sarovar itself, after having taken a toll of living communities on the grounds of violation of Supreme Court’s and NGT orders of 2012 and 2013 respectively, against illegal mining causing destruction of land, water, polluting air and river affecting the life of Sardar Sarovar itself, after having taken a toll of living communities on the grounds of violation of Supreme Court’s and NGT orders of 2012 and 2013 respectively, against illegal mining in the catchment, riverbed and without clearance from the Union Ministry for Environment and Forest.

Ms. Medha Patkar, pleaded for Narmada Bachao Andolan and the affected farmers while Adv. R.N. Singh appeared for the State and NVDA.

Bhagirat Kavche Meera Mukesh Bhagoria 

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