The National Green Tribunal has expressed displeasure over the absence of a representative of the Ministry of Environment and Forest in a sand mining case, saying even in the New Year it “persists” in its “practice” of being unrepresented.
“Nobody is present on behalf of respondent 1 (MoEF). It had been assured to the tribunal that there will be proper representation of MoEF before the tribunal and all requisite steps in accordance with law would be taken.
“We must regretfully note that the ministry persists even in the New Year in the practice of being unrepresented in non-compliance to the directions of the tribunal and despite the assurance by the higher authorities of MoEF,” a Bench headed by NGT Chairperson Justice Swatanter Kumar said.
The tribunal refrained from taking any “further action”, saying that “the presence of MoEF in such cases is essential for full and complete adjudication of issues involved in this case’’.
It said a copy of the order should be sent to the Secretary, MoEF.
The observations were made while hearing the plea of Uttar Pradesh resident Brij Mohan Yadav, who has alleged that illegal sand mining was being carried out in rivers Badain and Ken flowing through district Banda.
The matter had first come before NGT on September 30 last year, when the tribunal had issued notice to all the parties, including MoEF and sought their responses on Yadav’s plea.
Thereafter on October 22, it had directed the state authorities to “ensure that no illegal mining is permitted in district Banda, Uttar Pradesh, particularly in rivers Badain and Ken’’.
However, yesterday, when the matter came up for hearing before the tribunal, there was no counsel representing the ministry.
NGT had on several occasions last year pulled up the ministry and also imposed costs on it twice for the absence of its counsel in several matters.
Afterwards, senior ministry officials as well as an Additional Solicitor General had appeared before the tribunal and assured the tribunal that MoEF will be properly represented.