Illegal mining pits causing child deaths attracts absolute liability; minimum ₹20 lakhs compensation per death awarded under NGT Act, payable by State (recoverable from violators) for environmental violations and regulatory failure.

ORDER

1. In this original application, issue relating to illegal mining by respondent no. 5-M/s. Maa Bhagwati Brick Field and respondent no.6- Shri Ram Brick Field at Muzaffarnagar district, UP leading to death of five children in two separate incidents has been raised. These children had accidently felled into the pits created by illegal mining of sand/clay from nearby agricultural fields by respondent nos. 5 and 6 by digging upto 15- 20 feet deep and abandoning them, which were filled up with water during the rainy season and were left unattended. Since these pits were filled with water and mud, they were not visible and children had accidently fallen into the pits and had died.

2. Accordingly, in the original application, compensation for the family members of the deceased children has been claimed invoking the Principle of Polluter Pays. Along with the original application, FIRs have been enclosed stating that dead bodies were recovered from the pits dug up by the Brick Kiln Owners which were filled with water. Photographs of pits filled with water have also been enclosed.

3. Tribunal by order dated 13.10.2023 had constituted a joint committee comprising of Member Secretary, State Pollution Control Board (SPCB), representative of the Secretary, Central Pollution Control Board (CPCB) and District Magistrate, Muzaffarnagar and had directed the committee to visit the site and find out the factual position and suggest remedial measures.

4. Committee had submitted the report dated 03.01.2024 which was duly considered by the Tribunal in the proceedings dated 05.01.2024 and had noted the finding of the committee about digging of the pits by the private respondents which got filled up with rainy water resulting into the accident. Since in the report of the joint committee, disclosure about payment of compensation to the family members of the deceased children was not made, therefore, fresh report was called. Committee had submitted the supplementary report dated 01.03.2024 disclosing that on account of subsequent change of stand about cause of accident by family members of the deceased children, postmortem was not done and, accordingly, as per the scheme no compensation could be paid under the National Disaster Response Funds. Committee had filed additional/supplementary report on 05.03.2024 disclosing that owner of M/s. Shri Ram Brick Field has provided ₹1 lakh compensation each to the families of two deceased children and that FIRs have been filed and in respect of respondent- M/s. Maa Bhagwati Brick Field, it is stated that the said brick field has submitted the letter dated 05.03.2024 to the City Magistrate, Muzaffarnagar expressing willingness to provide compensation to the family members of three deceased children and seeking 15 days time.

5. Tribunal on 13.10.2023 had issue notice to the respondents. No response on behalf of respondent no. 5 has been filed in spite of service of notice. Respondent no. 6 by filing the reply has denied its responsibility.

6. We have heard Learned Counsel for the parties on the issue of award of compensation to the family members of the deceased victim and on the issue of responsibility of respondent nos. 5 and 6 in this regard.

7. First issue is as to whether the accident has occurred on account negligent and failure of failure of respondent nos. 5 and 6 to comply with the environmental laws.

8. Uttar Pradesh Pollution Control Board (UPPCB) has filed report of the joint committee on 03.01.2024 reflecting that respondent nos. 5 and 6 brick kilns had obtained lease/li