Day Three

Date- 3rd May 2017

Day- Wednesday

Kriti Vardhan Singh

V
State of Uttar Pradesh

FACTS

The application is regarding illegal mining of sand which was taken place in Gonda, Uttar
Pradesh, in Kalayanpur and Chek Rasoal area under Teshsil Tarabganj district Gonda.
Mining is taking place almost adjacent to the Manakapur- Faizabad railway tracks which
definitely lead to sinking of the said tracks in the near future. Thus, causing threat to the
passengers of the train. The concerned authority came to know that illegal mining was at
pace within the area without any lease or license for the same. Reflector machines are being
used for mining which are not allowed.

JUDGEMENT

After the notice of inspection by the Hon’able tribunal. The inspection was done and no new
mining pits are found or new transports of machinery is found. Machinery is found. Old pits
are found which are made by old mining were there. After inspection of four officers it came
into notice that the mining does not take place within 100meters res of the forest area. So, the
NOC was issued which got lapsed after expiry of the period set out therein. Since the land is
recoded as ‘Surakshit Van’ in records so department requested the district administration to
record appropriate entry in the revenue records. And the ownership of the land can be
include in the working plan to invoke appropriate provisions of law for protection of forest
land. Through a report it came in light that respondent Hafiz is a gangster and for economic
and physical benefits he has earned the property through illegal sand mining.