Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NGT) 1871

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Dr. Arun Kumar Verma, EM
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)

Advocates:
Suo Motu
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 regulations require strict adherence to pollution control guidelines; violations result in liability for environmental compensation.

Headnote:(A) Environmental Protection Act, 1986 - Environmental Compensation - Examination of compliance concerning operation of stone crushing units - Tribunal directed to compute Environmental Compensation against 211 stone crushing units illegally operating without necessary environmental clearances. (Para 26)

(B) Pollution Control - The Tribunal examined the health impacts on communities surrounding stone quarries and affirmed adherence to Central Pollution Control Board guidelines is essential to mitigate health hazards and ensure legal compliance. (Paras 3, 10, 24)

(C) Public Health - The presence of silicosis cases in the area highlighted the urgent need for enforcement of environmental norms to protect community health. (Para 4)

(D) The case emphasized responsibility of mining and pollution control authorities to act against violations. Findings established that various stone crushing units fail to adhere to established environmental guidelines, leading to the conclusion that such operations are illegal and pose significant health risks to inhabitants. Findings direct the recovery of penalties under established guidelines to ensure compliance. (Paras 18, 26) (E)

Result: The Tribunal directed recovery of Environmental Compensation and compliance report by 15.11.2025.

Table of Content
1. judicial notice of proposed mining project based on media report. (Para 1 , 2)
2. health impacts of local pollution highlighted. (Para 3 , 4)
3. illegality of operations without consent established. (Para 10 , 18 , 19)
4. environmental penalties mandated as per guidelines. (Para 24 , 26)
5. final directive on compliance and costs. (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

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