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2025 Supreme(Online)(NGT) 1606
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Arun Kumar Verma, ACJ
NEWS ITEM TITLED BIRBHUM A PROPOSED COAL MINE IN WEST BENGAL AND THE RELATED HEALTH HAZARDS APPEARING IN THE HINDU DATED 12 05 2024 – Appellant
Versus
CENTRAL POLLUTION CONTROL BOARD – Respondent
Original Application No.154/2024/EZ | Earlier O.A. No.722/2024/PB
For the Respondents: Mr. Surendra Kumar, Adv. for R-1, Mr. Dipanjan Ghosh, Adv. for R-2, Ms. Amrita Pandey, Adv. for R-3 (in Virtual Mode), Mr. Sibojyoti Chakrabarti, Adv. for R-5
Environmental compliance and compensation for illegal operations are paramount, with the Tribunal directing adherence to Central Pollution Control Board guidelines.
Headnote:(A) Environmental Laws - Environmental Compensation Guidelines by Central Pollution Control Board. - The case stems from environmental concerns regarding health hazards associated with a proposed coal mine in West Bengal. The Tribunal constituted a committee to investigate violations of environmental norms and compliance with guidelines. (Paras 6, 10, 12, 18)
(B) Health Implications - Silicosis detection and pollution challenges in nearby areas due to stone mining operations were acknowledged, with ongoing health checks confirming few detected cases. (Paras 4, 10)
Facts of the case:
Environmental concerns arising from the proposed Deocha Pachami Coal Block and ongoing pollution from stone crushing units in Birbhum District led to a fact-finding committee's investigation. Claims over land acquisition and health risks were misaddressed. (Paras 2, 10)
Findings of Court:
The Committee found 211 stone units operating illegally without proper permissions, resulting in a directive to compute Environmental Compensation as per established guidelines. (Paras 23, 26)
Issues: The court examined compliance with environmental guidelines, the legality of ongoing mining operations, and steps to be taken by local authorities. (Paras 10, 23)
Ratio Decidendi: The Tribunal emphasized adherence to established environmental guidelines and the need for proper authorizations for operations. It directed the District Magistrate to compute compensation for violators based on CPCB guidelines. (Paras 24, 26)
Result: Application disposed with directives for action against illegal operations and compensation computation.
| Table of Content |
|---|
| 1. health impacts from proposed mining. (Para 1 , 2 , 4 , 10) |
| 2. legality of operations audited. (Para 6 , 9 , 19) |
| 3. compensation calculated per guidelines. (Para 24 , 26) |
| 4. final directive to close illegal operations. (Para 27 , 28 , 29) |
ORDER
1. The Original Application No.722/2024/PB was registered as suo motu by the New Delhi Bench of the Tribunal on the basis of a news item titled “Birbhum – a proposed coal mine in West Bengal and the related health hazards” published in The Hindu dated 12.05.2024.
2. The news article relates to West Bengal Government’s ambitious 35,000 crore Deocha Pachami Coal Block Mining Project at Mohammad Bazar in Birbhum District, West Bengal. It is stated that the said Project has been facing protest over land acquisition. It is stated that the Government is planning to start mining at the Deocha Pachami Coal Block, considered to be the largest coal block in the country with reserves around 1198 million tonnes of coal and 1400 million cubic metres of basalt, spread over an area of 12.31 sq. km., which is around 3400 acres. It is stated that there are around 12 villages in this Project area with a population of over 21,000 comprising Scheduled Castes and Scheduled Tribes.
3. The article further highlights that the Village-Kendrapara is surrounded by scores of stone quarries which seems to be grinding stones in stone chips round the clock. It is stated that the entire village is surrounded by a thick layer of dust.
4. The news item further mentions that the doctors and supporting medical staff at the Bharkata Primary Health and Wellness Centre in the area want the health facility being shifted due to the constant pollution from the stone quarries. It is stated that the doctors at the medical facility have mentioned that 250 stone crushers and 150 stone quarries in the area are working round the clock and in the past few months three cases of silicosis have been detected. It is also stated that doctors feel that there are many more hidden cases of silicosis in the area. Silicosis is a life threatening condition where the elasticity of the lungs are affected and the reason is mostly inhaling of micro particles during stone quarrying and stone crushing.
5. Thereafter, the said Original Application was transferred by the New Delhi Bench of the Tribunal vide its order dated 03.07.2024 to the Eastern Bench of the Tribunal and the case has now been renumbered as Original Application No.154/2024/EZ.
6. On 11.09.2024, this Tribunal constituted a Fact Finding Committee comprising of the following members :
(i) Senior Scientist, West Bengal Pollution Control Board
(ii) District Magistrate, Birbhum, or his representative not below the rank of Additional District Magistrate, and
(iii) District Mining Officer, Birbhum, or his representative of senior rank, The Committee was directed to visit the site in question and submit a fact finding report with regard to the allegations made in the Original Application.
7. The Central Pollution Control Board has filed affidavit dated 03.09.2024 bringing on record ‘Environmental Guidelines for Stone Crushing Units, July 2023’.
8. The Ministry of Environment, Forests and Climate Change has filed affidavit dated 06.09.2024 and has referred to para 6 of the Environmental Guidelines for Stone Crushing Units of the Central Pollution Control Board issued in July 2023 and it has further been stated that the Stone Crushing Unit should operate only after obtaining Consent to Establish (CTE) and Consent to Operate (CTO) from the concerned State Pollution Control Board/Pollution Control Committee.
9. The District Magistrate, Birbhum in its affidavit dated 22.11.2024 stated that the three members Committee constituted by the Tribunal visited the site of different Stone Crushers / Quarries at village Kendrapara, P.S. Md Bazar and its adjoining area as well as the proposed site of Deucha Panchami Coal block on 14.11.2024 and submitted their Joint Report dated 21.11.2024.
10. It is stated
