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2025 Supreme(Online)(NGT) 1832

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Arun Kumar Verma, EM
Amar Kumar Gupta – Appellant
Versus
State of Jharkhand – Respondent
Original Application No.113/2024/EZ



Advocates:
For the Applicant(s): Suo Motu
For the Respondent(s): Ms. Aishwarya Rajyashree, Mr. Surendra Kumar, Mr. Ashok Prasad, Mr. Sibojyoti Chakrabarti, Mr. Sagarmay Ghosh

Failure to comply with environmental clearance conditions can lead to the suspension of operations to safeguard ecological integrity.

Headnote:(A) Environment Protection Act, 1986 - Environmental Clearance violations - Allegations related to ecological imbalance caused by stone mining near wildlife sanctuary - Tribunal constituted a Fact Finding Committee; violations regarding environmental clearances were noted - Compliance status indicated failure to maintain conditions; resulting recommendations included suspension of operations until compliance. (Paras 10-16)

(B) Environmental Compliance - Directions issued for computing environmental compensation against violations outlined; requirements for inspections established for future operations to ensure adherence to environmental conditions. (Paras 15-16)

Facts of the case:
The applicant alleged that mining activities adjacent to a wildlife sanctuary caused structural damage and ecological harm. The tribunal constituted a committee for site inspection which noted various violations of environmental clearances.

Findings of Court:
The operability of the mining operations was deemed contingent upon the compliance with environmental conditions and inspection directives.

Issues: The primary issues included the verification of environmental compliance and the effect of mining operations on nearby structures and ecology.

Ratio Decidendi: The court upheld that failing to comply with stipulated environmental conditions would necessitate the suspension of mining operations, ensuring ecological protection is prioritized.

Result: The Original Application is disposed of with the aforementioned directions.

Table of Content
1. allegations of mining impacts on local ecology are substantiated by inspections. (Para 1 , 2 , 4)
2. inspection revealed non-compliance with environmental conditions. (Para 5 , 6)
3. the tribunal noted the necessity of compliance for sustainable mining. (Para 7 , 8 , 9)
4. suspension of mining operations mandated until compliance confirmation. (Para 10 , 11 , 12)
5. environmental compensation computation ordered for acknowledged violations. (Para 13 , 14 , 15)
6. final directives established for ongoing oversight and compliance checks. (Para 16 , 17 , 18 , 19)

ORDER

1. Affidavit dated 29.07.2025 has been filed on behalf of the Respondent No.8; the same is taken on record.

2. Heard Ms. Aishwarya Rajyashree, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent Nos.1, 3, 4, 5 & 6; Mr. Surendra Kumar, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.2; Mr. Ashok Prasad, learned Counsel appearing on behalf of the Respondent No.7; Mr. Sibojyoti Chakrabarti, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.8.

(Final order of the said case will be uploaded in NGT website by separate sheets of paper)

ORDER

1. The present Original Application has been registered in view of a letter petition sent by the Applicant, Mr. Amar Kumar Gupta, through e-mail dated 15.04.2024, in the National Green Tribunal, Eastern Zone Bench, Kolkata. The Applicant is stated to be a resident of area adjacent to the Parasnath Wildlife Sanctuary. The allegation in the letter petition is that stone mining activities are going on within the area adjacent to the Parasnath Wildlife Sanctuary and in the process of mining huge cracks have formed in the homes and public structures in the area endangering the lives of the residents of the area.

2. It is also alleged that noise and dust due to stone mining activities are driving away wildlife and destroying the habitats and altering the landscape of the area thereby affecting the behaviour of the fauna also. It is alleged that the mining activities are also causing ecological imbalance of the Parasnath Wildlife Sanctuary.

3. At the time of admission, the Tribunal constituted a Fact Finding Committee comprising of the following members:-

(i) Senior Scientist, Jharkhand State Pollution Control Board,

(ii) Divisional Forest Officer, Giridih,

(iii) Deputy Commissioner/District Magistrate, Giridih, or his representative not below the rank of Additional District Magistrate, and

(iv) Divisional Forest Officer, Parasnath Wildlife Sanctuary, Jharkhand,

The Committee was directed to visit the site in question and submit its Report with regard to the allegations made in the Original Application.

4. Along with the letter petition, photographs have been filed to support the allegations that due to the stone mining activities in the area cracks have developed in the homes and public structures.

5. The Respondent No.2, Jharkhand State Pollution Control Board, has filed counter-affidavit dated 21.10.2024 bringing on record, the Inspection Report of an inspection carried out on 14.08.2024 which reads as under:-

Inspection Report of Committee Constituted by Hon’ble NGT, Eastern Zone Bench, Kolkata in Original Application no. 113/2024/EZ (Amar Kumar Gupta vs State of Jharkhand & Ors.)

___________________________________________________________

Hon’ble NGT, Eastern Zone Bench, Kolkata in the matter of original application no. 113/2024/EZ (Amar Kumar Gupta vs State of Jharkhand) order dtd 09.07.2024 a committee was constituted from the below mentioned organization :

(i) Senior Scientist, Jharkhand State Pollution Control Board

(ii) Divisional Forest Officer, Giridih.

(iii) Deputy Commissioner / District Magistrate, Giridih or his representative not below the rank of Additional District Magistrate.

(iv) Divisional Forest Officer, Prasasnath Wildlife Sanctuary, Jharkhand.

2. It was alleged in the aforesaid application that stone mining activities are going on within the area adjecen

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