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2024 Supreme(Online)(NGT) 5397
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, A Senthil Vel, Expert Member
Suo Moto – Appellant
Versus
State of Madhya Pradesh – Respondent
Original Application No.174/2023(CZ)
For the Appellants/Petitioners: None
For the Respondents: Mr. Prashant M. Harne, Ms. Parul Bhadoria, Mr. Om Shankar Shrivastav
Family of official killed controlling illegal sand mining entitled to minimum Rs.15 lakhs compensation on multiplier principle beyond routine benefits; special norms for vehicle seizure/release mandated under polluter pays.
Headnote:(A) National Green Tribunal Act, 2010 - Section 15 - Environment (Protection) Act, 1986 - Illegal sand mining in protected forest area leading to death of official on duty - Tribunal took suo moto cognizance on newspaper report - No environmental damage found by committee but punitive action required against violators - Compensation to family of deceased official mandatory, calculated on parameters of loss of income using multiplier principle, minimum Rs.15,00,000/- payable initially by mining department recoverable from offenders - Routine government benefits insufficient for sacrifice in public duty. (Paras 5, 7, 9, 11)
(B) Seizure and release of vehicles in illegal mining - Special procedure overrides Cr.P.C. Section 451 - Release only on payment scaled to vehicle value as per polluter pays principle - State to issue rules for enforcement, amount remitted to PCBs/PCCs for restoration. (Para 5)
(C) Enforcement against illegal mining - Recommendations for police chowki, patrols, regular monitoring by forest, police, mining departments, vigilant checks on vehicles without transit passes - Full-fledged police station in nearby area to control activities in sanctuary buffer zone. (Paras 11, 12)
Facts of the case:
Suo moto action initiated on newspaper article reporting illegal sand mining in protected forest land where official deputed to control violations was crushed to death by tractor driver while attempting to stop illegal transportation. Committee inspected site, found no ongoing mining or environmental harm, noted actions like vehicle seizures, penalties, check posts, trenches. Family received routine benefits; Tribunal directed enhanced compensation and enforcement measures.
Findings of Court:
No environmental damage or pollution observed; illegal excavation limited without major impact. Rs.15,00,000/- compensation sanctioned to deceased's family; compassionate appointment initiated. Directions issued for implementing committee recommendations including police infrastructure and patrolling.
Issues: Quantum of compensation for family of official killed by mining mafia; adequacy of enforcement mechanisms against illegal mining in protected areas; procedures for vehicle seizure/release and environmental compensation.
Ratio Decidendi: Compensation must be just and reasonable beyond routine entitlements, applying multiplier on notional income for public servants sacrificing lives against environmental violators; stringent vehicle release norms and multi-agency coordination essential for effective enforcement.
Result: Application disposed of with directions for compensation payment, employment, and preventive measures against illegal mining.
| Table of Content |
|---|
| 1. illegal sand mining caused official's death (Para 1 , 2 , 3 , 8) |
| 2. actions taken to curb illegal mining (Para 4) |
| 3. strict vehicle seizure for illegal mining (Para 5 , 9) |
| 4. powers to seize/release mining machinery (Para 6) |
| 5. compensation using sarla verma parameters (Para 7 , 10) |
| 6. directives for enforcement and patrolling (Para 11 , 12) |
ORDER
1. The high handedness of sand mafias in the District Sahadol of Madhya Pradesh was highlighted by the newspaper article published in Dainik Bhaskar Daily dated 27.11.2023 regarding illegal sand mining and killing of official on duty named Mr. Prasanna Singh working as Patwari, Vyohari Sahadol MP, who was a retired army personnel and later on was appointed as Patwari and was deputed by the District Administration to control the illegal sand mining and transportation.
2. The deceased being Patwari and deputed to work and being retired army personnel was doing his duty from more than three days to control the illegal mining during day and night and when he saw the transportation of sand mining by a tractor, he tried to stop the vehicle but the driver of the vehicle crushed him and he died on the spot.
3. It is reported that there are repeated violations of environmental rules and illegal sand minings and the officers who are involved in the control of sand minings are crushed brutally by the sand mafias and necessary actions are not being initiated by the administration.
4. The matter was taken up by this tribunal and a committee was constituted to submit the factual and action taken report. In compliance thereof the members of the committee visited the site and submitted the report as follows :
“ Present Status of Sand Mining:-
Presently th6re is no sand mining activity occurring in Gopalpur village since many days. No sand mines have been allotted in this region because this land comes under the jurisdiction of Son Ghadiyal Wildlife Sanctuary & is a protected forest land up to the hillocks on the both side of Son River. For this area neither ’mining lease for sand mining is allotted by Collectorate Shandol nor CTE/CTO is issued by MPPCB,.Shandol.
Status of Soil Erosion:-
Soil erosion in general occurs when rains are heavy & flow of water through the field with high velocity. At the time of joint inspection, it is found that there is no soil erosion happened neither any conditions of soil erosion are found prevailing. The mining activity was not seen during.inspection. The river bed of Son River is full of sands.
Status of the Roads:-
The road connecting fr6rn the village road to the inspection site was a Kachchii road. Two trenches were dug by the Mining Department to stop the movement of tractor trolleys transporting illegally mined sand. After unfortunate incident on 25.11.2023. No machinery and vehicles for transportation were found in the area during joint inspection.
Status of Ground Water:-
Ground water level is at satisfactory level & water availability for the village is sufficient due to presence of Son River & availability of conduits from Bansagar Darn. No depletion of ground water table has been observed.
Status of Agricultural Crops:-
The agriculture crops in the village Gopalpur area mainly categorized as Khariff and Rabi Crops. Rice, wheat, is the main agricultural food crop and mustard, Gram, Dal, Peas also .cultivated. The sediment in the form of river bed material i.e. sand has deposited in the last many years as a process of sedimentation. Sand beds have been formed at various places hindering the flow of water and excess deposition had changed the shape of river. Because of this, during monsoon season, the water may rise above the high flood level causing water from River Son to enter into nearby agricultural fields. Such disasters may damage large tracts of land laying on the banks of the river especially the agricultural land. No adverse impact on agriculture field due to illegal mining is envisaged.
Status Regarding Deforestation:-
There was no sign of cutting of
