Rs 15 Lakhs + Interim penalty imposed on Contractors
The National Green Tribunal -NGT has imposed an interim penalty of more than Rs 15.79 lakhs on two contractors (project proponents) for using heavy machinery to undertake riverbed mining in Doodh Ganga stream near Chadoora town. The tribunal has directed the J&K Pollution Control Committee and District Magistrate Budgam to recover the compensation within two months from two contractors. The said contractors have also been asked to stop the mining work in Doodh Ganga forthwith. NGT’s bench of Justice Sudhir Aggarwal (Judicial Member) and Dr Senthil Veil (Expert Member) had reserved this judgement in December last year.
While passing the final order on March 15th 2024 on Dr Raja Muzaffar Bhat’s application Justice Sudhir Aggarwal Judicial Member NGT said :
“In respect of illegal mining, the manner in which environmental compensation should be imposed has been specifically dealt with by the Supreme Court in Goa Foundation vs. Union of India & Others, (2014) 6 SCC 590. The Supreme Court relied on Samaj Parivartana Samudaya & Others vs. State of Karnataka & Others, (2013) 8 SCC 209 and held that ten per cent of the sale price of iron ore during e-auction should be taken as compensation. To arrive at the above view, the Court observed that this was an appropriate compensation given that mining could not completely stop due to its contribution towards employment and revenue generation for the State.
The NGT order further said that the cost of restoration of the environment as well as the cost of ecological services should be part of compensation.
“ Polluter Pays Principle” as interpreted by this Court means that absolute liability for harm to the environment extends not only to compensate victims of pollution but also the cost of restoring environmental degradation. Remediation of damaged environment is part of the process of “sustainable development” and as such the polluter is liable to pay the cost the individual sufferers as well as the cost of reversing the damaged ecology “ The order reads
The Tribunal observed that in the present case, environmental compensation for illegal mining has to be computed in the light of the principles laid down by Supreme Court in Goa Foundation vs. Union of India & Others (supra).
Justice Sudhir Aggarwal in his order said that the compensation will be determined by JKPCC . The order reads.
“Respondent JKPCC is, therefore, under an obligation to consider the issue of imposition of environmental compensation and other prohibitive and punitive action against respondents 5 and 6 in accordance with law. Environmental compensation could have been determined by this Tribunal also but in absence of the requisite information regarding quantum of mineral extracted by respondents 5 and 6, sale price of mineral and actual period of mining activities, we find it difficult to make any such final computation, therefore, we find it appropriate to direct JKPCC to proceed to compute environmental compensation in accordance with law, besides taking other prohibitive and punitive action against respondents 5 and 6 and remedial action for rejuvenation and restoration of the damage cause to environment “
The order further reads as :
“Respondent 5 Danish Yousuf has been allowed extraction of 37320 MT in 3 months while respondent 6 Rouf Ahmad has been allowed to extract 41676 MT of the minor minerals i.e., sand, gravel and boulders. If we take a very considerate sale price on average basis at the rate of 200 per MT, it will come to Rs.74,64,000/- in case of Danish Yousuf and in case of Rouf Ahmad, it will come to Rs.83,35,200/- and 10% thereof, in each case would come to Rs.7,46400/- and Rs.8,33,520/- respectively. We therefore impose the aforesaid amount as interim environmental compensation upon respondents 5 and 6 respectively which shall be paid by them to JK PCC and it shall be subject to final determination of environmental compensation by JK PCC as directed above”
The NGT while imposing a ban on mining by accused Danish Yousuf and Rouf Ahmad said said :
“Since we have already found that mining activities carried out by respondents 5 and 6 are patently illegal and in violation of the conditions of ECs, we, therefore, direct that respondents 5 and 6 shall henceforth stop mining activities pursuant to ECs dated 06.07.2021 and compliance of this order shall be carried out by Statutory Regulator i.e., JKPCC and District Magistrate, Budgam.
While disposing off the application filed by Dr Raja Muzaffar Bhat , NGT bench of Justice Sudhir Aggarwal observed issued following orders for compliance by JKPCC and DC Budgam
(i) An interim environmental compensation of Rs.7,46,400/- shall be paid by respondent 5 and Rs.8,33,520/- by respondent 6 by depositing the same within two months with JK PCC and the said amount shall be subject to final computation of environmental compensation by JK PCC as directed above.
(ii) We direct JKPCC to proceed to compute final environmental compensation and impose the same upon respondents 5 and 6 in accordance with law.
(iii) The amount of environmental compensation shall be used for remediation/rejuvenation/restoration of environment in the said area on the basis of a rejuvenation plan which shall be prepared jointly by JK PCC and Collector Budgam.
(iv) Besides environmental compensation, JKPCC shall also take other prohibitive and punitive action against respondents 5 and 6 and remedial action for rejuvenation and restoration of the damage caused to the environment.
(v) Respondents 5 and 6 are directed to stop mining activities pursuant to ECs dated 06.07.2021 forthwith and compliance of this judgment shall be carried out by Statutory Regulators i.e., JKPCC and District Magistrate, Budgam.
