National Green Tribunal
Ramchandra Mardi vs West Bengal Pollution Control Board ... on 11 November, 2021
Item Nos. 01-02 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,
I.A. No. 68/2021/EZ, I.A. No. 69/2021/EZ, I.A. No. 70/2021/EZ,
I.A. No. 71/2021/EZ, I.A. No. 72/2021/EZ & I.A. No. 73/2021/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: 11.11.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) :Mr. Santanu Chakraborty, Advocate
For Respondent(s) : Mr. N.C. Bihani, Advocate for State of West Bengal
Mr. Sibojyoti Chakraborty, Advocate for R-1
Mr. Gora Chand Roy Choudhury, Advocate for R-2
Mr. Ashok Prasad, Advocate for R-7 & 12
Mr. Probal Kumar Mukherjee, Sr. Advocate a/w
Mr. Somnath Ray Chowdhury, Advocate for the
Applicants in IA Nos. 12, 13, 14, 68,69,70,71,72 & 73
Mr. Sanjay Katyal, Advocate for R-419
Mr. Siddhartha Prasad, Advocate a/w
Mr. Sunit Kumar, Advocate for R-420 in O.A. &
Respondents in I.A. Nos. 12/2021/EZ,
I.A.No.13/2021/EZ & I.A. 14/2021/EZ
Mr. Surendra Kumar, Advocate for R-5
in O.A. 127/2015/EZ & O.A.88/2015/EZ
Mr. Krishnaraj Thaker, AAG a/w Ms. Aishwarya
Rajyashree, Advocate for R-4.
Mr. N.C. Bihani, Advocate a/w Mr. Sibojyoti
Chakraborty, Advocate for R-3,6 & 8 in O.A.88/2015
Kumar Shivam, Advocate as Intervenor.
ORDER
1. Mr. Santanu Chakraborty, Ld. Counsel is present for the applicant.
2. Mr. Sibojyoti Chakraborty, Ld. Counsel is present for Respondent No.1.
Mr. Gora Chand Roy Choudhury, Ld. Counsel is present for Respondent No.2. Mr. N.C. Bihani, Ld. Counsel assisted by Mr. Sibojyoti Chakraborty, 1 Ld. Counsel is present for the State of West Bengal. Mr. Krishnaraj Thaker, Ld. AAG assisted by Ms. Aishwarya Rajyashree, Ld. Counsel is present for Respondent No. 4, State of Jharkhand. Mr. Surendra Kumar, Ld. Counsel is present for Respondent No.5. Jharkhand Pollution Control Board. Mr. Ashok Prasad, Ld. Counsel is present for Respondent Nos. 7 & 12. Mr. Probal Kumar Mukherjee, Ld. Sr. Counsel along with Mr. Somnath Ray Chowdhury, ld. Counsel is present for applicants in I.A. Nos. 12, 13, 14, 68, 69, 70, 71, 72 & 73. Mr. Sanjay Katyal, Ld. Counsel is present for Respondent No. 419, ICFRE. Mr. Siddhartha Prasad, Ld. Counsel assisted by Mr. Sunit Kumar, Ld. Counsel is present for Respondent No. 420 and in I.A. 12/2021/EZ, 13/2021/EZ and 14/2021/EZ. Kumar Shivam, Ld. Counsel is present as Intervenor.
3. An affidavit dated 14.09.2021 has been filed by the Respondent No.1, West Bengal State Pollution Control Board. The same is taken on record. In the affidavit, it is stated that the State PCB has issued a work order for the study of "assessment of damage and calculation of Environmental Compensation of stone mining and crusher units" of Birbhum district of West Bengal to ICFRE. The State Board vide memo dated 08.09.2021 has also released 50% of the award value amounting to Rs. 13.57 lakhs (Rupees Thirteen Lakhs and Fifty Seven Thousand) only on 27.08.2021 to ICFRE as per the terms of payment for preparation of assessment of damage and calculation of Environmental Compensation pertaining to Birbhum District, West Bengal. Till date no such report has been brought on record by the ICFRE.
4. Mr. Sanjay Katyal, Ld. Counsel appearing for the ICFRE prays for and is granted time till 31.12.2021 to file his affidavit showing what action has been taken by the ICFRE with regard to preparation of the report regarding "assessment of damage and calculation of Environmental Compensation of stone mining and crusher units" of Birbhum District of West Bengal and also clarify on the various impugned orders of the District Mining Officer, Pakur, Jharkhand which has been based on the 2 report prepared by ICFRE, Dehradun and have been challenged in the Tribunal.
5. Mr. Somnath Ray Chowdhury, Ld. Counsel for the Applicant, shall serve e-copy/soft copy of all the I.As filed by him, viz., I.A. 68/2021, I.A. 69/2021/EZ, I.A. 70/2021/EZ, I.A. 71/2021/EZ, I.A. 72/2021/EZ and I.A. 73/2021/EZ upon Mr. Santanu Chakraborty, Ld. Counsel for the applicant in O.A. and Mr. Sanjay Katyal, Ld. Counsel for the ICFRE within 48 hours.
I.A. 68/2021/EZ & I.A. No. 69/2021/EZ
1. The I.A. 68/2021/EZ has been filed by the applicant, viz., M/s Hindusthan Granite Stone Works through its partner Mr. Anup Kumar Lakhmani for impleadment in the array of Respondents in O.A. 127/2015/EZ.
2. The I.A. No. 69/2021/EZ has been filed by the Applicant, viz., M/s Hindusthan Granite Stone Works challenging the report of the ICFRE dated 29.01.2019 in so far as it relates to the applicant with regard to the Plot No. 13A, Pakur District of Jharkhand. Challenge has also been made of the order of the District Mining Officer, Pakur, Jharkhand dated 01.12.2020 whereby the District Mining Officer, Pakur has imposed environmental penalty of Rs. 90.90 lakhs out of which Rs. 83 lakhs is stated to be the cost of mined material, both legally and illegally mined.
3. Mr. Probal Mukherjee, Ld. Sr. Counsel submits that no penalty can be imposed upon the applicant for legal mining and, therefore, the order is absolutely arbitrary and without application of mind.
4. Considering this fact, we allow the I.A. 68/2021/EZ and direct impleadment of Respondent, viz., M/s Hindusthan Granite Stone Works in the array of Respondents as Respondent No.422. I.A. No. 68/2021/EZ is disposed of accordingly.
5. In so far as I.A. 69/2021/EZ is concerned, we stay the operation of the order dated 01.12.2020 imposing penalty of Rs. 90.90 lakhs upon the newly added Respondent No. 422 till the next date of listing. 3 I.A. 70/2021/EZ
1. The I.A. No. 70/2021/EZ has been filed by the Applicant, viz., M/s Hindusthan Granite Stone Works challenging the report of the ICFRE dated 29.01.2019 in so far as it relates to the applicant with regard to the Plot No. 26A, Pakur District of Jharkhand. Challenge has also been made of the order of the District Mining Officer, Pakur, Jharkhand dated 05.12.2020 whereby the District Mining Officer, Pakur has imposed environmental penalty of Rs. 66.78 lakhs of which Rs. 61.00 lakhs is stated to be the cost of mined material, both legally and illegally mined.
2. Since identical orders have been challenged in other I.As. herein, we accordingly stay the operation of the order dated 05.12.2020 imposing environmental penalty of Rs. 66.78 lakhs till the next date of listing. I.A. 71/2021/EZ
1. The I.A. No. 71/2021/EZ has been filed by the Applicant, viz., M/s Hindusthan Granite Stone Works challenging the report of the ICFRE dated 29.01.2019 in so far as it relates to the applicant with regard to the Plot No. 13B, Pakur District of Jharkhand. Challenge has also been made of the order of the District Mining Officer, Pakur, Jharkhand dated 06.01.2021 whereby the District Mining Officer, Pakur has imposed environmental penalty of Rs. 182.00 lakhs out of which Rs. 199.97 lakhs is stated to be the cost of mined material, both legally and illegally mined.
3. Since identical orders have been challenged in other I.As. herein, we accordingly stay the operation of the order dated 06.01.2021 imposing environmental penalty of Rs. 199.97 lakhs on the Respondent No.422 till the next date of listing.
I.A. 72/2021/EZ
1. The I.A. No. 72/2021/EZ has been filed by the Applicant, viz., M/s Hindusthan Industries and Mining Corporation through its Proprietor Mr. Anup Kumar Lakhmani for impleadment in the array of Respondents in O.A. 127/2015/EZ. We allow the I.A. 72/2021/EZ and direct 4 impleadment of the Respondent M/s Hindusthan Industries and Mining Corporation in the array of Respondents as Respondent No.423.
2. I.A. 72/2021/EZ is disposed of accordingly.
I.A. 73/2021/EZ
1. The I.A. No. 73/2021/EZ has been filed by the Applicant, viz., M/s Hindusthan Industries and Mining Corporation challenging the report of the ICFRE dated 29.01.2019 in so far as it relates to the applicant with regard to the Plot No. 252, Pakur District of Jharkhand. Challenge has also been made of the order of the District Mining Officer, Pakur, Jharkhand dated 05.12.2020 whereby the District Mining Officer, Pakur has imposed environmental penalty of Rs. 161.55 lakhs out of which Rs. 153.00 lakhs is stated to be the cost of mined material, both legally and illegally mined.
2. Since identical orders have been challenged in other I.As. herein and we have also stayed the recovery therein, we accordingly stay the operation of the order dated 05.12.2020 imposing environmental penalty of Rs. 161.55 lakhs on the Respondent No.423 till the next date of listing.
6. One I.A. No. 96/2021/EZ dated 11.11.2021 has been filed in the Registry of this Tribunal today itself. This I.A. is not shown in the cause list. However, we are nevertheless taking up the matter since the issue involved is identical to the earlier I.As filed by other respondents.
7. In this application apart from the prayer to declare the report of ICFRE, Dehradun as bad in law, a prayer has been made to implead the applicant Sri Sahabuddin Sk. in the array of Respondents. Considering that similar applications have been filed by a large number of Respondents which have already been allowed. Let Sri Sahabuddin Sk be impleaded in the array of Respondents as Respondent No. 424. In this I.A. a prayer for interim protection has also been made with regard to penalty order dated 04.12.2020 whereby penalty of Rs. 105.83 lakhs has been imposed as environmental cost out of which Rs. 96.00 lakhs is stated to be the cost of mined material, both legally and illegally mined. 5
Since identical orders have been challenged in other I.As. herein and we have also stayed the recovery therein, we accordingly stay the operation of the order dated 04.12.2020 whereby environmental penalty of Rs. 105.83 lakhs has been imposed against Respondent No.424.
8. Mr. Krishnaraj Thaker, Ld. AAG for State of Jharkhand prays for and is granted four weeks time for filing counter affidavit to the I.As 69/2021/EZ, 70/2021/EZ, 71/2021/EZ, 73/2021/EZ and 96/2021/EZ on behalf of State of Jharkhand.
9. An affidavit has been filed by Deputy Commissioner, Dumka, Jharkhand, Respondent No. 15 on 08.11.2021. The same is taken on record.
10. An affidavit dated 09.11.2021 on behalf of Respondent Nos. 4 & 11 has been filed by the District Mining Officer, Pakur, Jharkhand. The same is taken on record.
11. One more affidavit dated 09.11.2021 has been filed by the District Mining Officer, Pakur for Respondent Nos. 4 & 11. The same is also taken on record.
12. All the counsel for the parties shall exchange their affidavits among themselves before the next date of listing.
13. Interim order granted earlier shall continue till the next date of listing.
14. List on 12.01.2022.
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B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM November 11, 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, I.A. No. 68/2021/EZ, I.A. No. 69/2021/EZ, I.A. No. 70/2021/EZ, I.A. No. 71/2021/EZ, I.A. No. 72/2021/EZ & I.A. No. 73/2021/EZ) With Original Application No. 88/2015/EZ AKC 6