Madhya Pradesh High Court
S.K.M. Enterprises Thru. Abdulaziz ... vs The State Of Madhya Pradesh on 24 October, 2016
WP-6942-2016
(S.K.M. ENTERPRISES THRU. ABDULAZIZ MARWADI Vs THE STATE OF MADHYA PRADESH)
24-10-2016
Mr. Vivek Dalal, learned counsel for the petitioner.
Mr. Rohit Kumar Mangal, learned counsel for the
respondents-State.
Heard.
ORDER
Petitioner before this Court has filed the present petition being aggrieved by order dated 11.08.2016, by which the Office of Collector (Mines), Dhar, has rejected his application for release of vehicle on supurdginama for want of direction from the National Green Tribunal (NGT), Bhopal.
The petitioner is the owner of the vehicle bearing No.GJ34T-1110 who was found indulging into the illegal mining and confiscation under the MP (Mining and Minerals) Rules, 1966. By way of compounding, the petitioner has deposited an amount of Rs.1,36,880/-.
Learned counsel for the petitioner submits that the petitioner has deposited the compounding amount and therefore, he is entitled for releasing of the said vehicle. He further submits that the order passed by the National Green Tribunal (NGT), Bhopal, dated 08.09.2016 in OA No.20/2015 has been stayed by the High Court in Writ Petition No.13764/2016 vide order dated 19.08.2016, therefore, the Collector can consider the application of the petitioner for release of his vehicle.
Now, the National Green Tribunal in OA No.20/2015 has passed the order dated 08.09.2016 by which the authorities were directed to consider the application, in accordance with law, for release of the said vehicle. Operative part of the order is reproduced below:-
âLearned counsel for the State has brought to our notice the orders passed by the Hon'ble High Court of MP in Writ Petition filed challenging the directions of the Tribunal not to release the vehicles without notifying the matter to this Tribunal. In view of the stay order passed by the Hon'ble High Court on the above issue, we would direct that the concerned authorities shall pass appropriate order in accordance with the law. This Tribunal under the provisions of the NGT Act, 2010 while passing orders needs to keep the mandate of Section 20 of the NGT Act, 2010 in mind which inter-alia also requires passing of orders on the Polluter Pay Principal (PPP). In our view, PPP as well as for passing orders for restoration of the environment making the person responsible for causing loss to the environment to pay for the same. In all these cases, where vehicles and equipment have been ordered to be detained have been found responsible for the aforesaid violations of the Mining and Environmental laws on account of the various acts of omission and commission and have been compounded the offence by payment of penalty on the basis of the formula or determination of the penalty deposited the amount. As such orders their role in causing loss to the environment by violating the environmental laws cannot be disputed. In that view, the issue of making them liable additionally for payment for the restoration of the environmental becomes relevant. For recovery of the amount that they may be liable to pay attachment of the properties which has been seized which includes inter-alia the vehicles and equipments is one of the modes which can be adopted. It is in this background that orders for not realizing vehicles and equipments without reference to the Tribunal were passed. However, since the Hon'ble High Court in the writ jurisdiction has been interfered and stayed the operations of the orders passed by the Tribunal directing the authorities not to release the vehicles and equipments without reference to this Tribunal by stay the operation the main relief itself has been granted by way of interim order. We would direct that in the absence of the above concerned authorities as well as the court concern may proceed to decide the matter, in accordance with law. However, we are of the view that the issue of loss to the environment and cost of restoration be referred for determination to District Environment Appraisal Committee (DEAC) constituted vide notification dated 15.01.2016 by MoEF, Government of India. On receipt of the report, the party found responsible and the amount to determined be ordered to be deposited with the Regional Officer, MPPCB.
In view of the above, Misc. Applications No.817/2015, 23/2016, 191/2016, 192/2016, 307/2016, 673/2016, 636/2016, 713/2016 & 714/2016 stands disposed of.
MA No.821/2016 has been filed by the learned counsel for the State. The same is ordered to be taken on record. MA No.821/2016 also stands disposed of.
Our order may be brought to the matter of the Hon'ble High Court as well as the concerned court and authoritiesâ.
In view of the above, this writ petition is disposed of with a liberty to the petitioner to file a fresh application for the release of the said vehicle on supurdginama before the Collector (Mines), District- Dhar. On filing of such application, the Collector (Mines), Dhar is directed to consider and decide his application afresh, in accordance with the law.
With the aforesaid directions, this writ petition stands disposed of accordingly.
Certified copy, as per Rules.
(VIVEK RUSIA) JUDGE