Back
2024 Supreme(Online)(NGT) 1231
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
NEWS ITEM TITLED "4 DIE IN CHHATTISGARH MINE COLLAPSE" APPEARING IN THE TIMES OF INDIA DATED 28.02.2024 – Appellant
Versus
CHATTISGARH ENVIRONMENT CONSERVATION BOARD – Respondent
Original Application No.111/2024(CZ)|O.A.No.392/2024 - PB
For the Appellants/Petitioners: None
For the Respondents: Mr. Prashant M. Harne, Mr. Mehul Bhardwaj, Ms. Harshita Tejwani, Mr. Om Shankar Shrivastav, Mr. Parag Gupta, Mr. Ashish Jaiswal, Ms. Parul Bhadoria, Mr. Yadvendra Yadav, Ms. Disha Chouksey
Suo motu NGT proceedings on mine deaths: substantial, unchallenged compensation payments held sufficient prima facie; no further directions absent grievance; emphasis on post-incident scientific safety measures.
Headnote:(A) National Green Tribunal - Suo motu jurisdiction - Mine collapse incident causing four deaths - Compensation - Initial payments found partially compliant with prior Tribunal directions for Rs.20 lakhs per death - Detailed calculations under relevant statutes applied, with amounts varying per victim based on age and wages - Substantial compensation paid held sufficient at primary level, no further intervention warranted absent challenge. (Paras 7, 10, 12, 22, 25-26)
(B) Environmental safety in mining projects - Post-accident measures - Engagement of scientific agencies for slope stability studies and monitoring upheld - Contractual safety obligations on contractors and consultants emphasized - Proactive actions including work halt, remedial measures, and penalties justified compliance. (Paras 15-21, 24)
Facts of the case:
Suo motu application registered on news report of mine collapse during retaining wall construction, killing four workers. Respondents filed replies detailing incident as sudden landslide during shuttering work, rescue operations, compensation disbursed (ranging Rs.14.89 lakhs to Rs.20.74 lakhs including ex-gratia), scientific studies commissioned, and safety protocols invoked. Prior Principal Bench order referenced enhanced compensation norms.
Findings of Court:
Compensation amounts paid deemed sufficient prima facie; no petition against quantum filed; project holds valid clearances; safety remedial actions undertaken; no continuing cause for Tribunal intervention.
Issues: Adequacy of compensation vis-à-vis Tribunal precedents; compliance with safety norms in mining construction; necessity for further directions post-accident remediation.
Ratio Decidendi: In suo motu environmental matters, Tribunal assesses prima facie sufficiency of remedial and compensatory measures; compensation unchallenged by affected parties not liable to enhancement; focus shifts to preventive scientific interventions where compliance demonstrated.
Result: Original Application disposed of.
| Table of Content |
|---|
| 1. suo motu registration on mine collapse news. (Para 1 , 2) |
| 2. compensation payments to victims' families detailed. (Para 3 , 4 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 22) |
| 3. mine collapse incident circumstances described. (Para 5 , 13 , 14) |
| 4. contractual safety obligations on contractors emphasized. (Para 15 , 16 , 24) |
| 5. post-accident inquiries and remedial measures undertaken. (Para 17 , 18 , 19 , 20 , 21) |
| 6. project environmental clearances obtained. (Para 23) |
| 7. compensation sufficient; application disposed. (Para 25 , 26) |
ORDER
1. This original application is registered suo motu on the basis of news item titled "4 die in C’garh mine collapse" appearing in ‘The Times of India’ dated 28.02.2024.
2. The news item discloses that the collapse of a NMDC mine in Kirandul, Dantewada, Chhattisgarh has resulted in death of four labourers. The names of the victims have also been disclosed but the news item does not disclose if the family members of the victims have been paid the compensation.
3. The matter was taken up by this Tribunal and respondents were directed to submit the reply. In compliance of the order the Chhattisgarh Environment Conservation Board and rest of the respondents have filed the reply.
4. We have heard the arguments and perused the record.
5. The contention of the Learned Counsel for the Chhattisgarh Environment Conservation Board are that as per the Near Miss Incident/Accident report by Tata Consulting Engineers Limited, retaining wall construction (In between RL664 & RL679) was under progress by L& T for dry circuit package. Shuttering & rebar fixing work was under progress at that time for 2nd lift wall. Suddenly earth collapsed from hill side portion to retaining wall 1 no. excavator cum breaker was also parked adjacent to the affected area. The earth collapsed on the excavator cum breaker. However, operator was immediately rescued and rushed to the hospital. Due to sudden larid slide, out of 12 nos. worker working beneath, 8 nos. workers escaped and rest 4 nos. dead body of workers was recovered (Mr.Bittu Bala, Mr.Nirmal Bala, Mr. Tushar Bala & Mr. Santosh kumar of L&T subcontractor M/s Shri Bakul Bala). Further search operation was also completed in presence of Local administration, NMDC & TCE.
6. The action taken report CECB has filed as follows :
7. It is further submitted that NMDC Limited vide a Letter of Award of Contract (Lac) dated 18.04.2024 has accepted an offer of Indian Institute of Technology-Roorkee for the work of "Scientific Studies of stratification at SP-111 Project Site, NMDC Kirandul, South Bastar Dantewada District, CG state. That, the Tribunal, Principal Bench, New Delhi has taken suo moto cognizance of the abovementioned incident on the basis of the News Item appearing in The Times of India Dated 28.02.2024 Titled As “4 Die C’garh Mine Collapse” and in furtherance to same issued a notice dated 19.04.2024 to CECB and other Respondents therein. That in pursuant to the notice issued by the Hon’ble Tribunal, Principal Bench, New Delhi, in the present matter originally numbered as OA- 392/2024 (Principal Bench, NGT) the first day of hearing took place on 25.04.2024, wherein the CECB apprised the Hon’ble Tribunal, Principal Bench, New Delhi with the facts of the case and apprised that that the compensation of Rs. 10 Lakhs has been paid by NMDC and L&T to each of the victims. The Tribunal, Principal Bench, New Delhi vide its order dated 25.04.2024 observed that the amount which is paid to the family members is not in accordance with the judgment of the Tribunal. Tribunal by order dated 16.01.2023 in OA 66/2022 in the matter of K. Saravanan vs. State of Tamil Nadu, had directed that compensation be enhanced to ₹20,00,000/- in respect of each death and ₹10,00,000/- each to the injured.
8. In light of the above, the Tribunal, Principal Bench, New Delhi issued notice and directed NMDC and L&T to be impleaded as parties in the matter. Additionally, the CECB (Respondent No. 2 therein) was directed
