National Green Tribunal Orders Environmental Compensation for Illegal Mining in Uttar Pradesh

Background

The National Green Tribunal (NGT) recently addressed a series of Original Applications (OAs) concerning illegal mining activities in the Tehsil Chunar, District Mirzapur, Uttar Pradesh. The cases were initiated by Sampurna Nand , who raised concerns about indiscriminate mining operations conducted by various companies without valid leases or necessary environmental clearances. The Tribunal's inquiry revealed significant environmental violations, prompting a comprehensive review of the mining practices in the region.

Arguments

The applicant, Sampurna Nand , argued that the mining activities were causing severe environmental degradation, including dust pollution and structural damage to local homes due to blasting operations. The respondents, comprising multiple mining companies, acknowledged the lack of Consent to Establish (CTE) and Consent to Operate (CTO) from the Uttar Pradesh Pollution Control Board (UPPCB) but claimed that they were unaware of the requirements and had since applied for the necessary permits.

Court's Analysis and Reasoning

The Tribunal scrutinized the Joint Committee's report, which documented the environmental violations committed by the mining lease holders. It noted that all respondents had commenced mining operations without obtaining the requisite CTE and CTO, which are critical for ensuring compliance with environmental standards. The Tribunal emphasized the 'Polluter Pays' principle, asserting that those responsible for environmental harm must bear the costs of remediation and compensation.

Decision

The NGT ordered that all mining operations cease until compliance with environmental regulations is achieved. It mandated that the mining companies pay environmental compensation calculated based on the duration of their non-compliance. The Tribunal also directed the UPPCB to determine the exact compensation amounts and ensure that the funds collected would be used for environmental restoration efforts in the affected areas. The decision underscores the Tribunal's commitment to enforcing environmental laws and holding violators accountable for their actions.