Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NGT) 1070

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Arun Kumar Verma, ACJ
NEWS ITEM TITLED THREAT TO TEA GARDEN FROM MINING GANG APPEARING IN THE TELEGRAPH DATED 12 06 2024 – Appellant
Versus
CENTRAL POLLUTION CONTROL BOARD – Respondent
Original Application No.167/2024/EZ | Original Application No.918/2024/PB

Advocates:
For the Respondents: Mr. Surendra Kumar, Mr. Dipanjan Ghosh, Mr. Apurba Ghosh, Mr. Sibojyoti Chakraborty

Environmental authorities must take decisive action against illegal mining activities impacting critical agricultural resources to ensure compliance with environmental laws.

Headnote:(A) Environment (Protection) Act, 1986 - Water (Prevention and Control of Pollution) Act, 1974 - Air (Prevention and Control of Pollution) Act, 1981 - Forest (Conservation) Act, 1980 - Wildlife (Protection) Act, 1972 - Mines and Minerals (Development and Regulation) Act, 1957 - Illegal extraction of minerals affecting tea garden roads and production of tea observed from various affidavits and Inspection Reports submitted by the authorities. Court took cognizance on allegations of illegal mining threatening the sustenance of the tea garden due to flooding, erosion, and intimidation faced by workers. The Tribunal formed a Committee to inspect mining activities and submit reports within a fixed time frame. (Paras 1-9, 12-24)

(B) Environmental Violation - Requirement for strict compliance and recovery of Environmental Compensation emphasized in case of discovered violations from designated authorities. Environmental damage assessment and action against violators reiterated as essential part of ensuring compliance. (Paras 23-24)

Facts of the case:
The application was registered based on a news article alleging illegal mining activities affecting a tea estate. The article stated claims of threats from miners to the workers attempting to restrain illegal activities that impact the estate and its environmental integrity.

Findings of Court:
The investigation revealed significant environmental damage due to illegal mining and affirmed the need for immediate action from authorities to mitigate the damage and recover compensation for violations.

Issues: Whether illegal mining activities pose a threat to the ecological sustainability of the tea estate and what actions must be taken against the offenders.

Ratio Decidendi: The court mandated a thorough investigation and instituted mechanisms for accountability concerning environmental violations, emphasizing the necessity of environmental protection measures.

Result: Original Application No.167/2024/EZ is disposed of with a directive for environmental compensation recovery.

Table of Content
1. recognition of threats to estate due to illegal mining. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. environmental violations require actionable investigation and accountability. (Para 7 , 8 , 9 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22)
3. mandatory recovery of compensation from violators. (Para 23)
4. final directive to close the case with regulatory actions. (Para 24 , 25 , 26)

ORDER

1. The Original Application No.918/2024/PB was registered suo motu by the New Delhi Bench of the Tribunal on the basis of a news item titled “Threat to tea garden from mining gang” appearing in The Telegraph dated 12.06.2024.

2. The news item mentions that there is illegal extraction of minor minerals like - sand and stone from Balson river and Rakti River near Siliguri in West Bengal. It is stated that those who engaged in extracting miner minerals are using the Putinbarie Tea Estate forcibly and are taking away mounds of earth from vacant stretches on the plantation.

3. The news article also alleges that this is affecting the garden’s roads. It is stated that the workers at the tea estate have claimed that when they tried to restrain the illegal mining, the mafia resorted to threats and intimidation.

4. The article further highlights that because of unscientific digging of vacant land which is close to the river bank, water from the river is flooding the tea plantations and eventually affecting the production of tea.

5. It is also alleged in the article that the garden is already under distress because of low yield and some other issues and now if such activities continue in the garden, it would threaten the sustenance of the Putinbarie Tea Estate.

6. Thereafter, the said Original Application was transferred by the New Delhi Bench of the Tribunal vide its order dated 25.07.2024 to the Eastern Bench of the Tribunal at Kolkata and the case has now been re-numbered as Original Application No.167/2024/EZ.

7. The Respondent No.1, Central Pollution Control Board, has filed affidavit dated 24.09.2024 stating that any mining activities which are in violation of the provision of the Environment (Protection) Act, 1986 , the Water (Prevention and Control of Pollution) Act, 1974 , the Air (Prevention and Control of Pollution) Act, 1981 , the Forest (Conservation) Act, 1980 and the Wildlife (Protection) Act, 1972, shall be considered as illegal mining and the concerned authority shall take action under the provisions of Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDR Act, 1957’ for short) and State Pollution Control Board shall also take action for violation of environmental norms.

8. The Respondent No.3, Ministry of Environment, Forests and Climate Change, has filed affidavit dated 28.11.2024 stating that the Ministry vide Notification No. S.O. (E) dated 28.02.2014 has delegated the power to the SEIAA to issue show cause notice to Project Proponents in case of violation of Environmental Clearances are found.

9. The Respondent No.4, District Magistrate & Collector, Darjeeling, has filed affidavit dated 05.11.2024 bringing on record an Inspection Report of an inspection carried out on 20.10.2024. The Inspection Report reads as under:-

“Inspection Report w.r.t. the NGT case in O.A. No. 167/2024/EZ (Threat to tea garden from mining gang vs Central Pollution Control Board):

The Original Application No. 918/2024/PB was registered as suo moto by the New Delhi Bench of the Tribunal on the basis of a news item titled “Threat to tea garden from mining gang” appearing in The Telegraph dated 12.06.2024. Thereafter, the said Original Application was transferred by the New Delhi Bench of the Tribunal vide its order dated 25.07.2024 to the Eastern Bench of the Tribunal at Kolkata and the case has now been re-numbered as Original Application No.167/2024/EZ.

In the article it is stated that there is an ongoing illegal extraction of minor minerals like sand and stone from the Balason river and Rakti river near Siliguri, West Bengal. It is also stated

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