National Green Tribunal
Tribunal On Its Own Motion In Re Illegal ... vs Eastern Coalfields Ltd on 12 February, 2024
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No. 157/2023/EZ
IN THE MATTER OF:
In Re.: 'Illigal Mining 3 Killed,
10 Missing after cave in, news
item published in 'The Times of
India' Dt. 13.10.2023 Kolkata'
.... Applicant(s)
Versus
1. General Manager, Eastern Coalfields Ltd.
Sanctoria, P.O.- Dishergarh - 713333,
Paschim Bardhman, West Bengal.
2. District Magistrate, Paschim Bardhman,
Office of the District Magistrate &Collector,
ADDA Administrative Building, Kanyapur,
P.O.- Ramkrishna Mision, Asansol,
Paschim Bardhaman, West Bengal,
Pin - 713305,
3. Member Secretary,
West Bengal Pollution Control Board,
Paribesh Bhawan, 10A, Block-LA, Sector-III,
Bidhannagar, Kolkata - 700106,
4. Commissioner of Police, Asansol-Durgapur,
Office of the Commissioner of Police,
Evelyn Lodge. G.T. Road, Kumarpur,
Asansol-713304, Purba Bardhaman,
West Bengal - 713101,
....Respondent(s)
COUNSEL FOR APPLICANT(S):
Suo-Motu,
COUNSEL FOR RESPONDENT(S) :
Mr. Arik Banerjee, Advocate a/w Mr. Saptarshi Mukherjee,
Advocate for R-1,
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Mr. Sudip Kumar Dutta, Advocate for R-2 & 4,
Mr. Dipanjan Ghosh, Advocate for R-3,
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE Dr. ARUN KUMAR VERMA (EXPERT MEMBER) __________________________________________________________________ Reserved On:- February 1st, 2024 Pronounce On:- February 12th, 2024 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes Heard the learned Counsel for the parties and perused the documents on record.
2. The present Original Application was taken-up suo motu in view of a newspaper report published in 'The Times of India' Kolkata on 13.10.2023 titled as 'Illegal mining: 3 Killed, 10 missing after cave-in in West Bengal's Egra'. The newspaper article 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 2 (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. 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.
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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."
3. The District Magistrate, Paschim Bardhaman, Respondent No.2, has filed affidavit dated 22.11.2023 stating that on account of natural calamity (land subsidence), one Surajit Sen of Raniganj Police Station, one Dinesh Ruidas of Jamuria Police Station and one Samir Bauri of Raniganj Police Station, were found to have died whereupon vide order dated 13.10.2023 and another order also dated 13.10.2023 ex-gratia monetary compensation of Rs.2,00,000/- (Rupees Two Lakhs only) each has been extended to the next kin of the deceased persons.
4. The Report of the Inspector-in-Charge, Raniganj Police Station dated 08.11.2023 has been filed at page no.15 of the paper book, which mentions that there was illegal collection of coal from the mine which falls under the Eastern Coalfields Limited (ECL) and that CISF personnel were deployed round the clock surveillance to prevent illegal trespass of outsiders. The incident occurred due to 'cave-in' of the land.
5. Another affidavit dated 28.12.2023 has been filed by the Respondent No.2, District Magistrate, Paschim Bardhaman, bringing on record the Government of West Bengal, Department of Disaster Management and Civil Defence Notification dated 4 02.07.2021 which provides that the District Magistrate/District authority/Municipal Commissioner in case of KMC area, will sanction and administer ex-gratia @ Rs.2.00 lakh (Rupees Two Lakhs only) in each death case to the next-of-kin of the deceased who died due to natural calamity like Flood, Cyclone, Earthquake, Tornado, Hailstorm, Lightning etc. and anything direct or indirect effect of natural calamity like House/wall Collapse, Fall of Tree, Electrocution, Drowning in Flood water/river water etc.
6. The Respondent No.1, Eastern Coalfields Limited, has filed affidavit dated 02.01.2024 stating therein that immediately upon happening of the incident on 11.10.2023 leading to alleged death of three people and ten missing persons, it was the Eastern Coalfields Limited authority who lodged a complaint with the local police station upon which an FIR was lodged on 17.10.2023. It is denied that any illegal mining was being carried on in the area. It is also stated that on 17.10.2023 the ECL authorities lodged a written complaint with the Raniganj Police Station being P.S. Case No.434/2023 that a large number of miscreants from the local villages had entered into the high wall mining area with an intention of illegal mining.
7. Be that as it may, from the affidavit of the District Magistrate, Purba Bardhaman, we find that the incident in question occurred due to land subsidence (cave-in) natural calamity. The report of the Inspector-in-Charge, Raniganj Police Station, also mentions that the ECL, Respondent No.6, has lodged a written complaint on 5 17.10.2023 to that effect that a crowd of unknown persons had entered the high wall mining area for reasons best known to them and thereafter there was unrest in the mine area and it was reported that three miscreants had died.
8. The facts as they stand are also confirmed by the affidavit of the Commissioner of Police, Asansol-Durgapur, Respondent No.4, in his affidavit dated 23.11.2023.
9. Considering the facts emerging from the records, we find that ex-gratia has already been paid to the deceased, therefore, nothing further remains for adjudication in the present case.
10. The Original Application No.157/2023/EZ is accordingly disposed of.
11. I.As. if any, stand disposed of accordingly.
12. There shall be no order as to costs.
......................................... B. AMIT STHALEKAR, JM ................................................ DR. ARUN KUMAR VERMA, EM Kolkata, February 12th, 2024, Original Application No.157/2023/EZ AK 6