Polluter pays principle mandates NPV-based environmental compensation for illegal sand mining river diversions, beyond royalty.

ORDER

1. This original application was earlier disposed of by the Tribunal by order dated 14.07.2021 which was subject matter of challenge before the Hon’ble Supreme Court at the instance of the Respondent No. 10 in the OA in Civil Appeal No. 6437-6438/2021 and Hon’ble Supreme Court by order dated 20.02.2023 has set aside the clause (ii) of paragraph 13 of the judgment of the Tribunal and has kept the other directions intact. Hence, the matter is being heard again to that limited extent in pursuance to the order of the Hon’ble Supreme Court.

2. The OA was filed making a complaint against illegal mining by Respondent No. 10 by diverting natural flow of river by digging a manmade pit of 20 feet deep and 1 km long and making a bund to stop the natural river flow.

3. The Tribunal by order dated 16.06.2020 had formed a Joint Committee comprising of District Collector, Sonipat and Haryana State Pollution Control Board (HSPCB) and had called for the report.

4. The report submitted on 08.10.2020 was duly considered by the Tribunal in the proceedings dated 12.10.2020 and the Tribunal on that date had modified the Joint Committee by including the Irrigation Department and the Mining Department of Sonipat, representative of the Central Pollution Control Board (CPCB) and a nominee of the District Magistrate, Sonipat along with State PCB by making the SPCB as nodal agency for coordination and compliance. The Tribunal had permitted the Applicant to furnish representation with the State PCB and directed the Committee to hold the meeting physically or by video conferencing within one month and conduct physical inspection in any appropriate manner through the representative of the Committee and, if any violation is found, take action in accordance with law and submit action taken report before the Tribunal. The Committee had filed the report dated 30.03.2021 inter-alia giving the following observations:

“04. Observation The observations are summarized as under:

1. The unit has erected a sand bund across the river as reported by Irrigation Department and the same was demolished by the Department on 23.10.2020 in compliance with the order dated 23.10.2020, issued by Deputy Commissioner, Sonipat

2. A show cause notice issued by Mining Department on 23.10.2020 as the unit was found diverting River flow and the flow of river was obstructed having constructed a sand bridge /path across the river flow. The mining activity was permitted to resume by mining department on 28.10.2020.

3. Irrigation Department dismantled the same bund to maintain the natural flow of the river and no mining operation was carried out. 4. The unit found to have violated the specific condition of sustainable mining and as mentioned at Sr. No. 17 of Environment Clearance dated 22.03.2016 that "No stream should be diverted for the purpose of sand mining. No natural course and water resource are obstructed due to mining operation."

05. Estimation of Environment Compensation The unit is found to be violating Environmental Clearance and inter- alia CTO conditions and therefore, liable to pay environmental compensation as estimated below: