National Green Tribunal
Tribunal On Its Own Motion In Re Illegal ... vs Eastern Coalfields Ltd on 17 October, 2023
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.157/2023/EZ
In Re: Illegal Mining 3 Killed, 10 Missing
after Cave in News Item Published in The Times of India
Dt.13.10.2023 Kolkata Applicant(s)
Date of hearing: 17.10.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
ORDER
1. In the 'The Times of India' Daily News Paper, dated October 13, 2023, Kolkata, titled as 'Illegal mining: 3 Killed, 10 missing after cave-in in West Bengal's Egra', the following article was published which reads as under:-
"Illegal mining: 3 killed, 10 missing after cave-in in West Bengal's Egra"
RANIGANJ: At least three illegal miners died and 10 were reported missing after an unguarded open-cast mine, which they had entered, caved in at Raniganj's Egra, around 20km from Asansol, on Wednesday afternoon.
The incident took place around 3pm at the Narayankuri colliery of Eastern Coalfield Limited (ECL).
Three bodies were recovered: that of Samir Bauri (17), Surajit Sen (21) and Dinesh Ruidas (38). Bauri and Sen were residents of Raghunathchak and New Egara villages in Raniganj; Ruidas was from Pariharpur in Jamuria, said Kuldip Suresh, deputy commissioner (central), Asansol Commissionerate. The mine is around 300 feet deep and just 4 feet wide, officials said. Witnesses said many villagers were engaged in illegal mining when the mine caved in. Cops said the director general of mine safety at ECL had started an inquiry. There was, however, no official statement from ECL till late on Thursday. 1 Senior ECL officials in charge of the area did not respond to multiple calls or texts sent by TOI, seeking comment. Locals start rescue ops before police arrive at spot:
A police officer said they had written to Eastern Coalfield Limited (ECL) multiple times to fence off the area and install lights, but no major action had been taken. Witnesses said around 25-30 men had entered the mine around 2pm, after ECL's contractual workers had left. When the mine caved in an hour later, some managed to come out, but many others got trapped. Local villagers themselves started rescue work even before cops or ECL officials reached the spot.
"Most of the men who had entered the mine were from faraway villages, but a few were locals. The cave-in happened around 3pm and many got trapped. The villagers were able to rescue some, but some had already died and only their bodies could be pulled out," said Krishnapada Mondal, a local CPM panchayat member. A similar incident had happened two years ago in the same area, Mondal added.
BJP leader Agnimitra Paul sat on a dharna outside the local police station, demanding compensation for the families of those who had died, citing inaction on the part of cops and the ECL in the rescue process. She claimed at least seven persons had died, although cops said the number was three.
2. We, therefore, take up this matter suo-motu for consideration.
3. Issue notice to the following Respondents who shall be arrayed as Respondents in the present case:-
1. General Manager, Eastern Coalfields Ltd., Sanctoria, P.O.: Dishergarh - 713333, Paschim Bardhaman (W.B.)
2. District Magistrate, Paschim Bardhaman, Office of the District Magistrate & Collector, ADDA Administrative Bulding, Kanyapur, P.O.-Ramkrishna Mission, Asansol, Paschim Bardhaman, Pin - 713305, 2
3. Member Secretary, West Bengal Pollution Control Board, Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhannagar, Kolkata, Pin - 700106,
4. Commissioner of Police, Asansol-Durgapur, Office of the Commissioner of Police, Evelyn Lodge, G.T. Road, Kumarpur, Asansol, Purba Bardhaman, Pin -
713101,
4. Mr. Sudip Kumar Dutta, learned Counsel who is appearing (in Virtual Mode), accepts notice on behalf of the Respondent Nos. 2&4, State Respondents, Government of West Bengal.
5. Mr. Dipanjan Ghosh, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.3, West Bengal Pollution Control Board.
6. Issue notice to the Respondent No.1, Eastern Coalfields Ltd., returnable within four weeks.
7. All the Respondents shall file their counter-affidavits within four weeks.
8. The Office of the Tribunal shall provide e-copy/soft copy of the Original Application along with all its annexures upon Mr. Sudip Kumar Dutta and Mr. Dipanjan Ghosh, learned Counsel for the Respondents within 48 hours.
9. List on 29.11.2023.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM October 17, 2023, Original Application No.157/2023/EZ AK 3