Case Law
Subject : Environmental Law - Pollution Control
The National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, has issued a significant order concerning the environmental violations of stone crushers and mines in
The case, originally filed in 2017 (O.A. No.23/2017/EZ), involved multiple applications alleging severe environmental damage caused by stone quarrying and crushing activities in the Rajmahal Hills region. The applicants argued that these activities threatened the unique biodiversity and the livelihoods of the indigenous
The Tribunal consolidated these applications and reviewed extensive documentation, including affidavits from various respondents (Union of India, Ministry of Environment, Forests and Climate Change, CPCB, Government of Jharkhand, Jharkhand Biodiversity Board, and JSPCB), inspection reports, and action taken reports.
A significant portion of the judgment focused on the collection of environmental compensation levied against defaulting units. The JSPCB initially computed a total compensation of ₹101,26,55,460. However, the process was plagued by delays and partial payments. The Tribunal noted that even in cases where partial payments were made, closure orders should not have been held in abeyance until full payment.
The final affidavit from the JSPCB (dated 12.02.2025) categorized the units into five groups based on their compensation payment status: A (full payment), B (revised compensation calculated as zero), C (full revised payment), D (partial payment), and E (no payment). The Tribunal's order emphasizes that closure orders must be reinstated for units in categories D and E until full compensation is received.
The NGT disposed of the applications with a crucial directive: the JSPCB must immediately reinstate closure orders against all units that are either full or partial defaulters in terms of environmental compensation. This order underscores the Tribunal's commitment to environmental protection and the strict enforcement of environmental regulations. Furthermore, the JSPCB is mandated to inspect all sites before allowing any operational activity, ensuring full compliance with environmental standards.
This judgment sets a strong precedent for holding polluting industries accountable for environmental damage and highlights the importance of timely and complete payment of environmental compensation. The implications extend beyond
#EnvironmentalLaw #NGT #PollutionControl #NationalGreenTribunal
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