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2024 Supreme(Online)(NGT) 591
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, A Senthil Vel, Expert Member
Suo Moto – Appellant
Versus
State of Madhya Pradesh – Respondent
Original Application No.174/2023(CZ)
For the Appellants/Petitioners: None
For the Respondents: Mr. Prashant M. Harne, Ms. Parul Bhadoria, Mr. Om Shankar Shrivastav
Substantial compensation using motor accident parameters awarded to family of official killed stopping illegal sand mining; strict vehicle seizure/release norms and enforcement infrastructure mandated to curb mafia violence.
Headnote:(A) National Green Tribunal Act, 2010 - Section 15 - Environment (Protection) Act, 1986 - Illegal sand mining in protected forest area leading to death of official on duty - Suo moto proceedings initiated on newspaper report - No environmental damage found by joint committee inspection - Seizure of vehicles, imposition of penalties and environmental compensation mandatory - Release of seized vehicles subject to scaled compensation based on showroom value, overriding Cr.P.C. Section 451 procedure - Compensation to deceased official’s family calculated on Sarla Verma parameters using notional income, multiplier and polluter pays principle - Minimum Rs.15,00,000/- awarded payable by mining department, recoverable from violators. (Paras 5, 7, 9, 11)
(B) Enforcement against illegal mining - Guidelines for vehicle seizure/release - 50% showroom value or scaled amounts (Rs.2-4 lacs) for release within one month, else confiscation and auction - States to issue office orders, amounts remitted to PCBs/PCCs for restoration - Regular surveillance, check posts, patrolling, police stations mandated in high-risk zones. (Para 5)
Facts of the case:
Suo moto action on newspaper report of illegal sand mining in prohibited protected forest area where official deputed to control violations was fatally crushed by tractor transporting illegally mined material. Joint committee inspected site, found no ongoing mining, no pollution, soil erosion or groundwater depletion but confirmed past shallow illegal excavation. Criminal case registered, accused arrested, vehicles seized. Family received statutory benefits; Tribunal directed enhanced compensation and enforcement measures.
Findings of Court:
No major environmental damage from limited illegal excavation. Rs.15,00,000/- compensation sanctioned to deceased’s family. Recommendations implemented including police chowki, patrols, check posts, trenches and full-fledged police station. Compassionate appointment proceedings initiated.
Issues: Quantum of compensation to family of official killed enforcing environmental laws; parameters for vehicle seizure/release in illegal mining; preventive measures against sand mafia violence and repeat violations in protected areas.
Ratio Decidendi: Compensation for duty-related death protecting environment must be substantial, applying motor accident parameters (notional income, multiplier) beyond statutory entitlements - mining department liable initially, recoverable from offenders. Vehicle release norms strictly enforced to deter violations, prioritizing environmental protection over Cr.P.C. superdari.
Result: Application disposed of with Rs.15,00,000/- compensation directed, enforcement measures ordered, matter regarding payment and compassionate appointment closed.
| Table of Content |
|---|
| 1. illegal sand mining led to official's death. (Para 1 , 2 , 3) |
| 2. administrative actions taken against illegal mining. (Para 4) |
| 3. ngt guidelines on vehicle seizure and compensation. (Para 5 , 6) |
| 4. compensation paid using sarla verma parameters. (Para 7 , 8 , 9 , 10) |
| 5. directions for enhanced enforcement and monitoring. (Para 11 , 12) |
ORDER
1. The high handedness of sand mafias in the District Sahadol of Madhya Pradesh was highlighted by the newspaper article published in Dainik Bhaskar Daily dated 27.11.2023 regarding illegal sand mining and killing of official on duty named Mr. Prasanna Singh working as Patwari, Vyohari Sahadol MP, who was a retired army personnel and later on was appointed as Patwari and was deputed by the District Administration to control the illegal sand mining and transportation.
2. The deceased being Patwari and deputed to work and being retired army personnel was doing his duty from more than three days to control the illegal mining during day and night and when he saw the transportation of sand mining by a tractor, he tried to stop the vehicle but the driver of the vehicle crushed him and he died on the spot.
3. It is reported that there are repeated violations of environmental rules and illegal sand minings and the officers who are involved in the control of sand minings are crushed brutally by the sand mafias and necessary actions are not being initiated by the administration.
4. The matter was taken up by this tribunal and a committee was constituted to submit the factual and action taken report. In compliance thereof the members of the committee visited the site and submitted the report as follows :
“ Present Status of Sand Mining:-
Presently th6re is no sand mining activity occurring in Gopalpur village since many days. No sand mines have been allotted in this region because this land comes under the jurisdiction of Son Ghadiyal Wildlife Sanctuary & is a protected forest land up to the hillocks on the both side of Son River. For this area neither ’mining lease for sand mining is allotted by Collectorate Shandol nor CTE/CTO is issued by MPPCB,.Shandol.
Status of Soil Erosion:-
Soil erosion in general occurs when rains are heavy & flow of water through the field with high velocity. At the time of joint inspection, it is found that there is no soil erosion happened neither any conditions of soil erosion are found prevailing. The mining activity was not seen during.inspection. The river bed of Son River is full of sands.
Status of the Roads:-
The road connecting fr6rn the village road to the inspection site was a Kachchii road. Two trenches were dug by the Mining Department to stop the movement of tractor trolleys transporting illegally mined sand. After unfortunate incident on 25.11.2023. No machinery and vehicles for transportation were found in the area during joint inspection.
Status of Ground Water:-
Ground water level is at satisfactory level & water availability for the village is sufficient due to presence of Son River & availability of conduits from Bansagar Darn. No depletion of ground water table has been observed.
Status of Agricultural Crops:-
The agriculture crops in the village Gopalpur area mainly categorized as Khariff and Rabi Crops. Rice, wheat, is the main agricultural food crop and mustard, Gram, Dal, Peas also .cultivated. The sediment in the form of river bed material i.e. sand has deposited in the last many years as a process of sedimentation. Sand beds have been formed at various places hindering the flow of water and excess deposition had changed the shape of river. Because of this, during monsoon season, the water may rise above the high flood level causing water from River Son to enter into nearby agricultural fields. Such disasters may damage large tracts of land laying on the banks of the river especially the agricultural land. No adverse impact on agriculture field due to illegal mining is envisaged.
Status Regarding Deforestation:-
There was no sign of cutting of any
