National Green Tribunal
Ramchandra Mardi vs West Bengal Pollution Control Board ... on 22 June, 2021
Item Nos. 8 & 9 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 127/2015/EZ
(I.A. No. 12/2021/EZ, I.A. No.13/2021/EZ & I.A. No.
14/2021/EZ, I.A. No. 18/2021/EZ, I.A. No. 19/2021/EZ,
I.A. No. 20/2021/EZ,)
With
Original Application No. 88/2015/EZ
Ramchandra Mardi Applicant(s)
Versus
West Bengal PCB & Ors. Respondent(s)
With
Joydeep Mukherjee Applicant(s)
Versus
Member Secretary, WBPCB & Ors. Respondent(s)
Date of hearing: 22.06.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Santanu Chakraborty, Adv.
(In O.A. No. 127/2015/EZ)
Mr. Siddharth Prasad, Advocate
(in I.A. No. 12/2021/EZ, I.A. No. 13/20-
21 & I.A. No. 14/2021/EZ)
Mr. Probal Kumar Mukherjee, Sr. Adv.
a/w Mr. Somnath Roy Chowdhury, Adv.
(In I.A. No. 18/2021/EZ, I.A. No. 19/20-
21 & I.A. No. 20/2021/EZ)
For Respondent(s) : Mr. Sibojyoti Chakraborty, Advocate
For Respondent No.1,
Mr. Gora Chand Roy Choudhury, Adv.
For Respondent No.2,
Mr. Surendra Kumar, Advocate for
Respondent No.5 and Respondent No-
4 (in O.A. 88/2015/EZ),
Ms. Aishwarya Rajyashree, Advocate
For Respondent Nos.4, and Respondent
No.5 (in O.A. 88/2015/EZ),
Mr. Bikas Kargupta, Advocate for
Respondent Nos. 3,6 & 8 and R-3 & 6
(in O.A. 88/2015/EZ)
Mr. Ashok Prasad, Advocate for
Respondent No.7 &12,
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ORDER
1. Mr. Santanu Chakraborty, learned Counsel is present for the Applicant.
2. Mr. Sibojyoti Chakraborty, learned Counsel is present for Respondent No.1, Mr. Gora Chand Roy Choudhury, learned Counsel is present for Respondent No.2, Ms. Aishwarya Rajyashree, learned Counsel is present for Respondent Nos. 4, State Respondents, Govt. of Jharkhand and Respondent No.5 (O.A. 88/2015/EZ), Mr. Bikas Kargupta, learned Counsel is present for Respondent Nos. 3,6 & 8 and Respondent Nos. 3 & 6 (in O.A. No. 88/2015/EZ), and Mr. Ashok Prasad, learned Counsel is present for Respondent Nos. 7 & 12.
3. Mr. Sibojyoti Chakraborty, learned Counsel for the Respondent No.1, submits that West Bengal Pollution Control Board has sent reply to the ICFRE in response to their estimate but thereafter no acceptance has been received from the ICFRE.
4. We, therefore, direct Mr. Chakraborty, learned Counsel for Respondent No.1, to take up the matter expeditiously with ICFRE and file his affidavit before the next date of listing.
5. Considering the fact that the report of the Indian Council of Forestry Research and Education (in short 'ICFRE'), Dehradun, is assailed in the present Original Application, we are of the view that ICFRE is a necessary party and should be impleaded in the array of Respondents.
6. We, therefore, direct the learned Counsel for the Applicant to implead the ICFRE, Dehradun, in the array of Respondents as 'Respondent No.14' within 48 hours.
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7. Issue notice to the newly added Respondent No.14, returnable within four weeks.
8. List on 30.07.2021.
I.A. No. 12/2021/EZ:-
1. This I.A. has been filed by the Applicant herein seeking a direction to be made a party in the Original Application No. 127/2015/EZ as the Applicant is assailing the report of the ICFRE, Dehradun dated 29.01.2019 filed in Original Application No. 127/2015/EZ as well as the penalty notice of the District Mining Officer dated 01.12.2020 passed in pursuance of the ICFRE report.
2. Considering the above facts, we are of the view that Applicant M/s Madhucon Projects Limited is a necessary party to the present proceedings and should be impleaded in the array of Respondents.
3. Let M/s Madhucon Projects Limited be impleaded in the array of Respondents as "Respondent No.15".
4. In the same I.A. it is prayed that penalty notice dated 01.12.2020 directing penalty of Rs. 117.97 lakhs to be made from the Applicant may not be insisted upon.
5. So far as the prayer (d) regarding recovery notice dated 01.12.2020 is concerned, we are of the view that since the matter is still under consideration in the Original Application No. 127/2015/EZ, we direct that the recovery sought to be made from the Applicant in pursuance of the recovery notice dated 01.12.2020 shall remain in abeyance till the next date of listing.
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6. The Applicant in prayer (b) is also seeking a direction to declare the report of the ICFRE, Dehradun, as bad in law.
This issue shall be decided only when the Original Application itself is finally decided.
7. The copy of the I.A. has not been received by Mr. Santanu Chakraborty, learned Counsel for the Applicant in Original Application and Ms. Aishwarya Rajyashree, learned Counsel for the State of Jharkhand. We direct Mr. Siddharth Prasad, learned Counsel for the Applicant to serve e-copy/soft copy of the I.A. to the said learned Counsel within 48 hours, who shall file their responses to the I.A. before the next date of listing.
I.A. No. 13/2021/EZ:-
1. This I.A. has been filed by the Applicant herein seeking a direction to be made a party in the Original Application No. 127/2015/EZ as the Applicant is assailing the report of the ICFRE, Dehradun dated 29.01.2019 filed in Original Application No. 127/2015/EZ as well as the penalty notice of the District Mining Officer dated 27.11.2020 passed in pursuance of the ICFRE report.
2. So far as the prayer (a) in this I.A. is concerned, the Applicant has already been filed I.A. 12/2021/EZ seeking the same relief and this Tribunal has directed that he be impleaded in the array of Respondents as Respondent No.16.
3. In the same I.A. it is prayed that penalty notice dated 27.11.2020 directing penalty of Rs 864.64 lakhs to be made from the Applicant may not be insisted upon. 4
4. So far as the prayer (d) regarding recovery notice dated 27.11.2020 is concerned, we are of the view that since the matter is still under consideration in the Original Application No. 127/2015/EZ, we direct that the recovery sought to be made from the Applicant in pursuance of the recovery notice dated 27.11.2020 shall remain in abeyance till the next date of listing.
5. The Applicant in prayer (b) also seeking a direction to declare the report of the ICFRE as bad in law. Let this issue be decided only when the Original Application itself finally decided.
6. The copy of the I.A. has not been received by Mr. Santanu Chakraborty, learned Counsel for the Applicant in Original Application and Ms. Aishwarya Rajyashree, learned Counsel for the State of Jharkhand. We direct Mr. Siddharth Prasad, learned Counsel for the Applicant to serve e-copy/soft copy of the I.A. to the said learned Counsel within 48 hours, who shall file their responses to the I.A. before the next date of listing.
I.A. No. 14/2021/EZ:-
1. This I.A. has been filed by the Applicant herein seeking a direction to be made a party in the Original Application No. 127/2015/EZ as the Applicant is assailing the report of the ICFRE, Dehradun dated 29.01.2019 filed in Original Application No. 127/2015/EZ as well as the penalty notice of the District Mining Officer dated 01.12.2020 passed in pursuance of the ICFRE report.
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2. So far as the prayer (a) in this I.A. is concerned, the Applicant has already been filed I.A. 12/2021/EZ seeking the same relief and this Tribunal has directed that he be impleaded in the array of Respondents as 'Respondent No.15'.
3. In the same I.A. it is prayed that penalty notice dated 01.12.2020 directing penalty of Rs 126.82 lakhs to be made from the Applicant may not be insisted upon.
4. So far as the prayer (d) regarding recovery notice dated 01.12.2020 is concerned, we are of the view that since the matter is still under consideration in the Original Application No. 127/2015/EZ, we direct that the recovery sought to be made from the Applicant in pursuance of the recovery notice dated 01.12.2020 shall remain in abeyance till the next date of listing.
5. The Applicant in prayer (b) also seeking a direction to declare the report of the ICFRE as bad in law. Let this issue be decided only when the Original Application itself finally decided.
6. The copy of the I.A. has not been received by Mr. Santanu Chakraborty, learned Counsel for the Applicant in Original Application and Ms. Aishwarya Rajyashree, learned Counsel for the State of Jharkhand. We direct Mr. Siddharth Prasad, learned Counsel for the Applicant to serve e-copy/soft copy of the I.A. to the said learned Counsel within 48 hours, who shall file their responses to the I.A. before the next date of listing.
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I.A. No. 18/2021/EZ:-
1. This I.A. has been filed with the prayer to allow this application and Applicant be impleaded as Respondent in the array of Respondents.
2. Mr. Probal Kumar Mukherjee, learned Senior Counsel assisted by Mr. Somath Roy Chowdhury, learned Counsel for the Applicant submits that in the report of ICFRE dated 29.01.2019 certain random and general observations have been made against the miners and stone crushers in a very general manner even though the Applicant in the I.A. is a legal miner and has not done illegal mining nor has he violated the terms and conditions of the Environmental Clearance.
3. Considering the above facts, we are of the view that I.A. 18/2021/EZ be allowed and the Applicant Saroj Kumar Bhagat be added in the array of Respondents as 'Respondent No.16'.
4. The copy of the I.A. has not been received by Mr. Santanu Chakraborty, learned Counsel for the Applicant in Original Application and Ms. Aishwarya Rajyashree, learned Counsel for the State of Jharkhand. We direct the learned Counsel for the Applicant to serve e-copy/soft copy of the I.A. to the said learned Counsel within 48 hours, who shall file their responses to the I.A. before the next date of listing.
I.A. No. 19/2021/EZ:-
1. This I.A. has been filed with the prayer to recall, rescind, set aside the notice issued to the Applicant vide letter dated 7 24.11.2020 and inter-alia to quash the report of the ICFRE dated 29.01.2019 filed in O.A. No. 127/2019/EZ.
2. Mr. Probal Kumar Mukherjee, learned Senior Counsel assisted by Mr. Somath Roy Chowdhury, learned Counsel for the Applicant submits that in the report of ICFRE dated 29.01.2019 certain random and general observations have been made against the miners and stone crushers in a very general manner even though, the Applicant in the I.A. is a legal miner and has not done illegal mining nor has he violated the terms and conditions of the Environmental Clearance.
3. Mr. Mukherjee, learned Senior Counsel further submits that the impugned order mentions recovery of both 'legal and illegal' mined stones which is not possible. His further submission is that this recovery of Rs. 2,10,64,074.46/- (Two Crore Ten Lakhs Sixty Four Thousand Seventy Four) 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.
4. 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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5. 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.
6. Considering the above facts, we, therefore, direct that the recovery sought to be made in pursuance of the notice dated 24.11.2020 shall remain in abeyance till the next date of listing.
7. The copy of the I.A. has not been received by Mr. Santanu Chakraborty, learned Counsel for the Applicant in Original Application and Ms. Aishwarya Rajyashree, learned Counsel for the State of Jharkhand. We direct the learned Counsel for the Applicant to serve e-copy/soft copy of the I.A. to the said learned Counsel within 48 hours, who shall file their responses to the I.A. before the next date of listing.
I.A. No. 20/2021/EZ:-
1. This I.A. has been filed for recalling of the order of the Tribunal dated 01.07.2020 and quashing the report of the ICFRE dated 29.01.2019 and not to give effect to the notice of the District Mining Officer dated 24.11.2020.
2. Mr. Probal Kumar Mukherjee, learned Senior Counsel assisted by Mr. Somath Roy Chowdhury, learned Counsel for the Applicant submits that in the report of ICFRE dated 29.01.2019 certain random and general observations have been made against the miners and stone crushers in a very general manner even though, the Applicant in the I.A. is a legal miner and has not done illegal mining nor has he 9 violated the terms and conditions of the Environmental Clearance.
3. Mr. Mukherjee, learned Senior Counsel for the Applicant further submits that the impugned order mentions recovery of both legal and illegal mined stones which is not possible. His further submission is that this recovery of Rs.
2,10,64,074.46/- (Two Crore Ten Lakhs Sixty Four Thousand Seventy Four)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.
4. 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.
5. 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.
6. We, therefore, direct that the recovery sought to be made in pursuance of the notice dated 24.11.2020 shall remain in abeyance till the next date of listing. 10
7. The copy of the I.A. has not been received by Mr. Santanu Chakraborty, learned Counsel for the Applicant in Original Application and Ms. Aishwarya Rajyashree, learned Counsel for the State of Jharkhand. We direct the learned Counsel for the Applicant to serve e-copy/soft copy of the I.A. to the said learned Counsel within 48 hours, who shall file their responses to the I.A. before the next date of listing.
................................... B. Amit Sthalekar, JM ................................. Saibal Dasgupta, EM June 22, 2021 Original Application No. 127/2015/EZ (I.A. No. 12/2021/EZ, I.A. No.13/2021/EZ & I.A. No. 14/2021/EZ, I.A. No. 18/2021/EZ, I.A. No. 19/2021/EZ, I.A. No. 20/2021/EZ,) With Original Application No. 88/2015/EZ AK 11