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2025 Supreme(Online)(NGT) 2041
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Arun Kumar Verma, E
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
The Tribunal emphasized the need for compliance with environmental laws and directives, holding violators accountable for illegal operations without proper consent.
Headnote:(A) Environmental Protection Act, 1986 - Sections related to Environmental Compensation - Violation of environmental norms by stone crushing units - Tribunal directed computation of Environmental Compensation according to Central Pollution Control Board guidelines against 211 illegally operating units - Measures for health and safety of local population discussed. (Paras 26, 27)
(B) The Tribunal has ruled that environmental violations have to be addressed strictly, and proper action must be taken against offenders without valid operation permits. (Paras 23-24)
Facts of the case:
The Tribunal initiated suo motu proceedings based on a news article highlighting health dangers posed by a proposed coal mining project, leading to site inspections revealing numerous violations by stone crushing units.
Findings of Court:
Tribunal confirmed that 211 stone crushing units are operating illegally, not adhering to the prescribed environmental guidelines, and directed the District Magistrate to assess Environmental Compensation.
Issues: Primary issues addressed were operational legality of stone crushing units and public health implications due to pollution.
Ratio Decidendi: The court emphasized the importance of adhering to environmental guidelines and the necessity of issuing penalties for violations, empowering local authorities to enforce regulations as per statutory mandates.
Result: The Original Application is disposed of with directions for assessing Environmental Compensation against the violators.
| Table of Content |
|---|
| 1. health hazards related to environmental pollution are significant. (Para 1 , 2 , 3 , 4 , 9) |
| 2. the existence of illegal operations without requisite approvals is confirmed. (Para 10 , 12 , 19) |
| 3. tribunal mandates assessment of environmental compensation based on violations. (Para 22 , 23) |
| 4. guidelines for determining penalties for environmental law violations are established. (Para 25 , 26) |
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
