A bench of Justice VR Kingaonkar and Dr AA Deshpande directed the principal secretary (environment) and SEIAA secretary to attend the Tribunal on October 19 to explain the compliance. A Nagpurian Paramjeet Singh Kalsi had filed a petition in the Tribunal against use the heavy machinery in sand mining in Rajola village (taluka Kuhi). He had stressed that heavy machinery would cause permanent damage to environment.

In its order NGT had stated that the enforcement mechanism should clearly outline the protocol including the criteria for assessment of compliance and/or violations, the department, officers and their roles and responsibility including taking legal action under the Environment (Protection) Act. It should also mention the required delegation of powers; and also guidelines for assessment of damages and restoration costs. Till then, the district collector and mining officers were asked to send monthly information on compliance and also, actions taken against sand mining lease holders to SEIAA and to environment department on monthly basis for further action. These directives were flagrantly ignored by the government.

This is not the first time the NGT has pulled up the environment department for non-compliance of its directives. In the hearing held on August 11, 2015, the bench had made similar observations and asked the the principal secretary (environment) and SEIAA secretary to attend the Tribunal on September 10 to explain the compliance.

Instead of doing so, the two officials sent deputy secretary SD Aher to represent them. Aher was at pains to explain why the required enforcement mechanism had not been formulated. He was even unable to give any instructions to DM Gupte, the counsel for the two parties. It was only after repeated pleadings by Gupte that the Tribunal decided not to go for contempt proceedings.