National Green Tribunal
Tribunal On Its Own Motion In Re Illegal ... vs Eastern Coalfields Ltd on 29 November, 2023
Item No.03 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)
Versus
Date of hearing: 29.11.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Suo Motu
For Respondent(s) : Mr. Arik Banerjee, Advocate a/w
Mr. Saptarshi Mukherjee, Advocate for R-1,
Mr. Sudip Kumar Dutta, Adv. for R-2&4 (in Virtual Mode),
Mr. Dipanjan Ghosh, Advocate for R-3
ORDER
1. Mr. Saptarshi Mukherjee, learned Counsel files Vakalatnama on behalf of the Respondent No.1, Eastern Coalfields Ltd.; the same is taken on record. When the case is next listed, the name of Mr. Saptarshi Mukherjee shall be printed in the cause list as Counsel for Respondent No.1. Learned Counsel prays for and is granted four weeks time for filing counter-affidavit.
2. Affidavit dated 22.11.2023 has been filed on behalf of the Respondent No.2, District Magistrate, Paschim Bardhaman; the same is taken on record. In this affidavit it has been stated that ex- gratia monetary compensation of Rs.2.00 lakh (Rupees two lakh only) has been paid to each of the next kin of the deceased person. We find that there is no consistency in the payment of ex-gratia since in some cases relating to death arising out of the Fire Cracker, the State paid compensation of Rs.2,50,000/- whereas in 1 case of Mining death, Rs.2,00,000/- has been paid by the State as compensation. District Magistrate, Paschim Bardhaman shall file affidavit explaining why this discrimination is being carried out by the State in the matter for dispensing of ex-gratia compensation.
3. Let the affidavit be filed within two weeks.
4. Affidavit dated 23.11.2023 has been filed by the Respondent No.4, Commissioner of Police, Asansol-Durgapur, West Bengal; the same is taken on record.
5. Mr. Sudip Kumar Dutta, learned Counsel for the State Respondents shall serve e-copy/soft copy of the affidavits dated 22.11.2023 and 23.11.2023 along with all its annexures on Mr. Saptarshi Mukherjee, learned Counsel within 24 hours. Learned Counsel shall share his email id in the chatbox of the Virtual proceedings today itself.
6. List on 04.01.2024.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM November 29, 2023, Original Application No.157/2023/EZ SKB 2