National Green Tribunal
Ramchandra Mardi vs West Bengal Pollution Control Board ... on 1 July, 2020
Item No. 03 & 04
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 127/2015/EZ
With
Original Application No. 88/2015/EZ
Rachandra Mardi & Ors. Applicant(s)
Versus
West Bengal Pollution Control Board & Ors. Respondent(s)
With
Joydeep Mukherjee Applicant(s)
Versus
Pollution Control Board & Ors. Respondent(s)
Date of hearing: 01.07.2020
CORAM: HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
For Applicant(s): Mr. Santanu Chakraborty, Advocate.
For Respondent(s): Mr. Sibojyoti Chakraborty, Advocate for
Respondent No. 1.
Mr. Gora Chand Roy Choudhury,
Advocate for Respondent No. 2.
Mr. Bikas Kargupta, Advocate for
Respondents No. 3, 6 & 8 (in Item No. 3)
and for Respondents No. 2 (in Item No.
4).
Mr. Surendra Kumar, Advocate for
Respondent No.5 (in Item No. 3) and for
Respondent No. 4 (in Item No. 4).
1
Mrs. Aishwarya Rajyashree, Advocate for
Respondent No. 4 (in Item No. 3) and for
Respondent No.5 (in Item No. 4),
ORDER
1. Case taken up by video conference on Vidyo App.
2. By order dated 19.03.2020 we had noted that so far as the State of Jharkhand is concerned, only assessment of damage to the environment and ecology was left to be computed. It may be relevant to note that the Indian Council of Forestry Research and Education (ICFRE), Dehradun had been given the task of preparing a report on the subject vide order dated 03.05.2018. Pursuant thereto the report had been filed on 29.01.2019 by the ICFRE which is taken on record today, as it was not placed before the Tribunal earlier. The report pertains only to the districts of Dumka and Pakur in the State of Jharkhand. The State of Jharkahnd is, therefore, directed to ensure recovery of the assessed damage and Environmental Compensation from the erring stone mines and stone crusher units following the "Polluter Pays" Principle expeditiously possible and as far as it maybe practicable within three months from hence submit a report. 2
3. In so far as the State of West Bengal is concerned, it is quite apparent from the affidavit filed by the State of West Bengal through the District Magistrate, Birbhum District, on 14.11.2017 that the only action left to be taken in the case was to decide on the quantum of penalty/Environmental Compensation as observed vide order dated 24.05.2017 since all stone mines and crusher units were non-compliant and had been operating illegally except six.
4. Mr. Bikas Kargupta, learned Government Advocate, appearing for the District Magistrate Birbhum, submits that the report of the ICFRE in respect of Pakur and Dumka Districts of Jharkhand could not be obtained due to the prevailing lockdown in the State and prays for some time to do so. He submits that action for assessment of damage shall be based on the methodology and approach provided in the report of the ICFRE in respect of the State of Jharkhand.
5. In view of this, we direct that the State of West Bengal to obtain copy of the report of the ICFRE and assess damage and Environmental Compensation as done in the case of 3 Dumka and Pakur Districts of Jharkhand either by the State machinery or by engaging the services of ICFRE within a period of two months from hence.
6. Let the report of assessment of damage and Environmental Compensation and action taken thereon by the State of West Bengal also be filed within three months from hence.
7. List on 01.10.2020.
S.P. Wangdi, JM Dr. Satyawan Singh Garbyal, EM 1st July, 2020 O.A. No. 127/2015/EZ WITH O.A. No. 88/2015/EZ avt 4