National Green Tribunal
Mr. Soumitra Ghosh vs District Mining Officer on 8 June, 2021
Item No. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 25/2021/EZ
Mr. Soumitra Ghosh Applicant(s)
Versus
The State of Jharkhand & Ors. Respondent(s)
Date of hearing: 08.06.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Abhrajit Mitra, Sr. Advocate a/w
Mr. Rachit Lakhmani, Advocate,
Mr. A. P. Sharma, Advocate &
Mr. M. Thakur, Advocate
For Respondent(s) : Ms. Amrita Pandey, Advocate for
Respondent Nos. 1&2,
Mr. Surendra Kumar, Advocate for
Respondent No.3
ORDER
1. Heard Mr. Abhrajit Mitra, learned Senior Counsel assisted by Mr. Rachit Lakhmani, learned Counsel for the Applicant.
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2. Ms. Amrita Pandey, learned Counsel has put in appearance on behalf of Respondent Nos. 1 and 2, State of Jharkhand.
3. We find that the Jharkhand State Pollution Control Board is not a party in the present proceedings though it is a necessary party.
4. We, therefore, direct the Applicant to implead the Jharkhand State Pollution Control Board in the array of Respondents as Respondent No. 3 within one week.
5. Mr. Surendra Kumar, learned Counsel is present in the present proceedings, we direct him to take notice on behalf of Respondent No.3, Jharkhand State Pollution Control Board.
6. This Original Application has been filed seeking quashing of the order dated 05.12.2020 whereby a sum of Rs. 21,59,000/- (Twenty One Lakh Fifty Nine Thousand) has been sought to be recovered from the Applicant allegedly on the ground that the Applicant has been carrying on illegal stone mining in District Pakur, Jharkhand. 2
7. Mr. Mitra, learned Senior Counsel submits that the impugned order mentions recovery of both legal and illegally mined stones which is not possible. His further submission is that this recovery of Rs. 21, 59, 000/- (Twenty One Lakh Fifty Nine Thousand) is stated to be purportedly in pursuance of an order passed by this Tribunal in Original Application No. 127/2015/EZ wherein it was mentioned that a report would be submitted by the Indian Council of Forestry Research and Education (in short 'ICFRE') and based on that report, the authority shall proceed for assessment of damage to the environment and the cost to be recovered from the Applicant.
8. We find that the order dated 05.12.2020 refers to the order of the Tribunal passed in Original Application No. 127/2015/EZ and also the fact that ICFRE has calculated the Environmental compensation based on the environmental damage caused on the Polluter pays principle.
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9. However, the order explicitly does not mention the quantity of excess mined stones carried out illegally, the calculation done to assess the amount of environmental damage caused and the Net Present value for the loss of ecological/environmental services.
10. Ms. Amrita Pandey, learned Counsel for the State of Jharkhand stated that she will file a fresh affidavit in the matter and prays for some time.
11. We are informed that the report of the ICFRE has been filed in Original Application No. 127/2015/EZ but that is only with regard to the District Dumka and District Pakur in the State of Jharkhand but it does not mention whether any such report has been submitted with regard to the, District Birbhum of State of West Bengal.
12. In our opinion, matter requires consideration.
13. The Respondents shall file their counter-affidavits within four weeks or by the next date of listing.
14. We further direct that impugned order of the recovery dated 05.12.2020 shall be kept in abeyance, till the next date of listing.
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15. List on 13.07.2021.
................................... B. Amit Sthalekar, JM ................................. Saibal Dasgupta, EM June 08, 2021 O.A. No. 25/2021/EZ AK 5