NGT case against illegal mining of soil from agricultural land

Dear Sir,

You have a strong case to approach the National Green Tribunal (NGT) — and it can be filed even now, provided you explain the ongoing environmental damage and continuing cause of action.

You already hold valuable evidence that supports your case:

Written findings of SDM confirming illegal mining.

Fine of ₹5 lakh imposed on your neighbour — proof of violation.

Complaints and acknowledgments from DM, SDM, Tehsildar, Jansunwai portal.

RTI responses (about the pond, land records, or non-action).

Photographs / videos / site inspection reports showing soil erosion or depth of excavation.

Proof that the High Court stay is limited to a government pond, not private mining — i.e., suppression of material facts.

All this builds a strong foundation.

Original Application (OA) under Section 14 read with Section 15 of the NGT Act, 2010

Include a synopsis, index, affidavit, and supporting documents.

Dear Client,
The legal framework provides robust mechanisms to address illegal mining, particularly when environmental concerns are at stake. In the given scenario, when your all attempts to local authorities failed to stop illegal mining of soil from agricultural land, you may consider the following steps to resolve the issue effectively. The Mines and Minerals (Development and Regulation) Act, 1957 requires a valid license or lease for mining operations. Section 23C of the Act empowers the state government to make rules to prevent illegal mining, and Section 30B allows for the creation of special courts for speedy trials of complaint over illegal mining. Further, the Environment (Protection) Act, 1986 mandates obtaining environmental clearances (EC) before commencing mining operations. So, if the illegal mining poses a significant threat to the environment or public interest, consider filing a Public Interest Litigation (PIL) in the High Court seeking an injunction to immediately stop the illegal mining activities. The court can issue orders to halt operations pending investigation which may compel the state to take action against illegal mining operations. The National Green Tribunal is a fast-track judicial body formed with the objective of addressing the issues about the environment at the national level. You can file a complaint directly with the National Green Tribunal(NGT), which has the authority to investigate the allegations of illegal mining and hold both the persons involved in the illegal mining and government officials accountable. To stop illegal mining, it is crucial to gather substantial evidence, engage with local authorities, and potentially pursue legal action through PILs or filing a complaint to NGT. Seek legal advice from the expert professionals to navigate the issue effectively.