NGT Questions Fairness of Police Probe into Yamuna Floodplain Sand Mining
The National Green Tribunal has raised serious questions about the fairness and thoroughness of a police investigation into alleged illegal sand mining activities on the Yamuna floodplain in Ghaziabad. The tribunal specifically questioned why authorities filed a First Information Report against "unknown persons" when the reported mining activity occurred within a notified mining lease area.
Serious Concerns About Police Response
Pointing to what it called "serious concerns" in the police response, the tribunal has directed the Ghaziabad police commissioner to file a detailed affidavit explaining the investigation process and identifying those involved. This affidavit must be submitted at least one day before the next scheduled hearing on April 9. Additionally, the tribunal has ordered the district task force to conduct a comprehensive site inspection to gather more evidence.
The principal bench, consisting of judicial member Arun Tyagi and expert member A Senthil Vel, issued this order while hearing multiple petitions in the ongoing case concerning illegal mining on the Yamuna floodplain. This matter, linked to the case titled Bittu vs State of UP and others, has been pending since 2023.
Background of the Case
The current proceedings stem from the tribunal's January 29 order that restrained all mining activities by project proponent M/s New Panther Security Guard Services. This restriction was implemented in view of GRAP-3 restrictions issued by the Commission for Air Quality Management. Although the company challenged this order in the Supreme Court, their appeal was dismissed on February 26.
During the March 19 hearing, the bench noted that police had registered an FIR against "unknown persons" and the unknown owner of an excavator in purported compliance with the January 29 order. The tribunal stated that both the reply filed by the Ghaziabad police commissioner and the FIR document itself raised "serious questions" about the fairness of the action taken and the subsequent investigation.
Key Issues Raised by the Tribunal
The tribunal highlighted several critical issues with the police investigation:
- Unknown Persons in Known Area: How could the FIR name unknown persons when the alleged illegal activity occurred within a clearly defined mining lease area?
- Inadequate Investigation: The police explanation about mining from a pit inside the lease area failed to address fundamental questions about why and how such a pit was created in the riverbed.
- Missing Details: The investigation did not identify who created the pit or determine whether mining from any waterlogged pit in the riverbed is permissible under environmental regulations.
Additional Directives and Evidence Verification
The tribunal declared that all persons involved in the alleged illegal mining, including the driver and owner of the excavator, would be formally impleaded in the case. It directed the police commissioner to file an additional report through his own affidavit detailing the progress of the investigation from January 2 onward. This report must include specific information about the persons involved and the owner and driver of the JCB equipment used in the mining.
Regarding the lease holder's plea seeking removal of the stay on mining activities, the tribunal ordered the district task force to verify whether illegal mining was carried out by the project proponent within the lease area or by any other parties in nearby areas of Ghaziabad district.
The tribunal also took note of a video clip recorded by Mohsin, a resident of Badarpur village, which was presented before the tribunal by applicant Bittu of Panchayara village. To verify the authenticity of this video evidence and related statements, the tribunal ordered both men to appear before it for official recording of their statements.
