National Green Tribunal
Ramchandra Mardi vs West Bengal Pollution Control Board ... on 4 January, 2021
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Items No. 03-04
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 127/2015/EZ
WITH
Original Application No. 88/2015/EZ
Rachandra Mardi & Ors. Applicant(s)
Versus
West Bengal Pollution Control Board & Ors. Respondent(s)
WITH
Joydeep Mukherjee Applicant
Versus
Pollution Control Board & Ors. Respondent(s)
Date of hearing: 04.01.2021
CORAM: HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Mr. Santanu Chakraborty, Advocate (in
OA 127/2015/EZ)
For Respondent(s): Mr. Sibojyoti Chakraborty, Advocate for
Respondent No. 1.
Mr. Gora Chand Roy Chowdhury,
Advocate for Respondent No. 2 (in OA
127/2015/EZ)
Mr. Bikas Kargupta, Advocate for
Respondents No. 3, 6 & 8 (in in OA
127/2015/EZ) and for Respondents No. 2
(in O.A. No. 88/2015/EZ).
Mrs. Aishwarya Rajyashree, Advocate for
Respondents No. 4 (in OA 127/2015/EZ)
and for Respondent No. 5 (in O.A.
88/2018/EZ).
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Mr. Surendra Kumar, Advocate for
Respondent No. 5 (in OA 127/2015/EZ)
and for Respondent No. 4 (in O.A.
88/2018/EZ).
Mr. Ashok Prasad and Ms. Saranjeet
Kaur, Advocate for Respondent Nos. 7 &
12 in OA 127/2015/EZ).
ORDER
1. By order dated 01.07.2020, the State of Jharkhand had been required to recover Environmental Compensation assessed by the Indian Council of Forestry Research and Education (ICFRE) from the illegal stone mine operators. At the same time, the State of West Bengal had been directed to also assess the damage and Environmental Compensation caused by the illegal stone mines operating in the Birbhum District by following the procedure laid down by the ICFRE in its report.
2. Ms. Aishwarya Rajyashree, learned Counsel appearing on behalf of the State of Jharkhand submits that actions have been initiated by the State for recovery of Environmental Compensation by issuing demand notices to 204 out of 217 identified illegal stone mine operators in the State and that further time would be necessary to complete the action.
3. Mr. Bikas Kargupta, learned Counsel appearing on behalf of the State of West Bengal and Mr. Sibojyoti Chakraborty, learned Counsel for the West Bengal Pollution Control 3 Board, submit that the process for assessment of Environmental Compensation and damage caused by illegal stone mining in the Birbhum District of West Bengal is presently on. According to them the ICFRE had sought for certain information from the State Pollution Control Board which has since been furnished. The ICFRE is, therefore, expected to submit the assessment report shortly.
4. Let the action be carried forwarded by both the State of Jharkhand and West Bengal Pollution Control Board. However, having regard to the fact that the proceedings had been going on since the year 2015, we expect the action to be taken expeditiously to facilitate early disposal of the case. The West Bengal Pollution Control Board shall, therefore, pursue with the ICFRE for submission of its report and thereafter initiate action in terms of thereof before the next date.
5. The State of Jharkhand shall in its turn complete the process of recovery of Environmental Compensation and restitution of environment also before the next date without fail.
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6. List for consideration of the report of the ICFRE which has been submitted and, for final disposal of the case on 08.03.2021.
7. To 08.03.2021.
S.P. Wangdi, JM Saibal Dasgupta, EM 4th January, 2021 O.A. 128/2015/EZ with O.A. No. 88/2015/EZ avt