Illegal mining activities necessitate strict compliance with environmental regulations and adequate compensation mechanisms, emphasizing preventive measures and restorative actions.

ORDER

1. This original application was registered suo motu on the basis of the news item titled “लक्सर मेंजोरों पर चल रहा अवैध खनन का खेल , रात के अंधेरेमेंगरज रही जेसीबी मशीनें” appearing in ETV Bharat dated 17.01.2024. The news item discloses large-scale, rampant illegal mining in the Laksar area of Haridwar in violation of the rules and regulations. It further discloses the unabated illegal mining from Balawali to Bhogpur in the Ganga area and government land by using the JCB and extracting River Bed Material (for short, “RBM”). It also discloses that the official machinery has proved to be ineffective in checking such illegal mining. The news item further discloses the illegal mining at Bhogpur, Balawali, Bhikkampur, Sultanpur, Pratappur, Pachewali, Rayasi, Bisanpur Kundi, Rampur Raighati, Nehandpur and Alawalpur areas in the Ganga region.

2. The Tribunal by order dated 29.02.2024, while taking up the matter in suo motu exercise of power, had impleaded the respondents and had issued notices to them.

3. The Tribunal’s power to take up the matters suo motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.

4. The Respondent No. 2, District Magistrate, Haridwar, had filed the report dated 27.02.2024, disclosing that action was taken in 23 cases concerning illegal mining and the matter was forwarded to the court for imposition of penalty. It further discloses that 4 FIRs were registered, 3 JCB machines and 5 tractor trolleys involved in illegal mining were seized, and reports were forwarded for imposition of penalty. Along with the report, the disclosure was also made about the action taken against the stone crushers. The report submitted by the District Magistrate, Haridwar, dated 27.02.2024 is as under:

5. The Respondent No. 3, Central Pollution Control Board (for short, “CPCB”) has also filed the report dated 25.04.2024, disclosing the regulatory mechanism and also the mechanism that has been evolved in terms of the direction of the Tribunal for assessment of compensation.

6. The CPCB along with its report has enclosed a copy of the order dated 26.02.2021 passed by the NGT in OA No. 360/2015 in the matter of National Green Tribunal Bar Association vs. Virender Singh (State of Gujarat) and other connected matters whereby on the direction of the Tribunal, the CPCB had submitted the report on the issue of scale of compensation for violations. The Tribunal had considered the report submitted by the CPCB in respect of the calculation of compensation for illegal mining, applying the principles of Polluter Pay, and had approved the Approach-2, which was disclosed by the CPCB for calculating such compensation by observing as under:

“Scale of compensation for violations on polluter pays principle

10. Vide order dated 17.08.2020, the Tribunal considered the CPCB report dated 30.01.2020, in pursuance of earlier orders on scale of compensation to be recovered for violation of norms for mining on polluter pays principle and the matter was deferred for further consideration of such scale and further orders in the light of the EMGSM 2020. On the issue of scale of compensation for violations, the Tribunal held that the same has to be calculated having regard to the polluter pays principle and not mere loss of royalty. This requires taking into account value of the illegally mined material and cost of restoration of the environment. CPCB did the exercise by constituting an exper