National Green Tribunal
Jitul Deka S/O Shri Karuna Deka, General ... vs Union Of India Through Secretary Govt. ... on 26 October, 2021
Item No. 06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No.48/2019/EZ
I.A. 22/2020/EZ
I.A. 82/2020/EZ
I.A. 49/2021/EZ
Jitul Deka Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 26.10.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Sanjay Upadhyay, Advocate
For Respondent(s) : Mr. Gora Chand Roy Choudhury, Advocate for
Respondent No.1
Mr. Amit Kumar, Advocate General a/w
Mr. Avijit Mani Tripathy, Advocate
State of Meghalaya.
Mr. Pinaki Mishra, Sr. Advocate a/w
Mr. Shaurya Sahay, Advocate for Respondent
Nos. 2, 3, 5, 6, 7 & 8
Mr. Ankit Todi, Advocate for Respondent No.4
ORDER
1. Heard Mr. Sanjay Upadhyay, Ld. Counsel for the Applicant.
2. Mr. Amit Kumar, Advocate General assisted by Mr. Avijit Mani Tripathy, is present for State of Meghalaya. Mr. Gora Chand Roy Choudhury, Ld. Counsel is present for Respondent No.1, Ministry of Environment, Forest and Climate Change. Mr. Pinaki Mishra, Sr. Advocate along with Mr. Shaurya Sahay, Ld. Counsel is present for Respondent Nos.2, 3, 5, 6, 7 &
8. Mr. Ankit Todi, Ld. Counsel is present for Respondent No. 4, Meghalaya State Pollution Control Board.
3. Status report dated 21.10.2021 has been filed by the Govt. of Meghalaya along with annexures. The same is taken on record.
4. In this affidavit, it is stated that total of 118 units have been identified as found to be illegally operating. In addition to 118 identified units, 15 units had been identified as operating illegally, however, identification of the persons operating these fifteen units is under process. Thus total of 1 133 units have been found to be operating illegally. It is also stated that as many as 26 replies from the erring units have been received by the State PCB and the Board has examined and passed orders in 23 cases and in the balance three cases, orders shall be passed in due course. It is also stated that in 02 cases, show cause notices had been challenged before the Hon'ble High Court, Meghalaya and one case, viz., WP (Civil) No. 196/2021 filed by one Hemonme Tangliang, had been dismissed as withdrawn whereas the second Writ Petition being WP(Civil) No.276/2021, is still pending. It is also stated that in another batch of 17 cases, where no replies were received, the Board has proceeded to pass orders ex-parte. In another batch of 20 cases, where no replies were received even after a lapse of over five months, the Board has proceeded to pass orders ex-parte. In another batch of seven cases, where no replies were received after a lapse of substantial time, the Board has proceeded to pass orders ex-parte.
5. It is further stated in the affidavit that environmental compensation has been confirmed in 67 cases. Out of total 133 cases, in three cases, criminal prosecution has also been started under various provisions of the IPC, the Explosive Substances Act, read with Section 21 of the MMDR Act, 1957. It is also stated that the Forest and Environment Department has been conducting regular inspections and patrolling to detect illegal stone quarrying and operation of illegal stone crusher units and cases have been filed under the provisions of Mines and Minerals (Development and Regulation) Act, 1957 against 58 illegal stone quarries/stone crusher units.
6. What action has been taken against the erring remaining 66 units remains to be placed on record by the Respondents. Mr. Amit Kumar, Ld. Advocate General of State of Meghalaya has sought some more time for filing appropriate affidavit providing complete information with regard to action taken against all the illegal miners including 15 un-identified illegal miners and stone crushers. Ld. Advocate General also submitted that filing of affidavit may take sometime as due process of law would require giving show cause notices to the erring miners considering the 2 principles of natural justice. Ld. Advocate General further submitted that action against the erring units will have to be taken under the provisions of Assam Land Revenue Regulation Act, 1886 as applicable to the State of Meghalaya in case environmental compensation is not paid within the period stipulated.
7. Considering all these facts, we grant three months time to the Govt. of Meghalaya to complete the entire process with regard to recovery of environmental compensation in respect of all the 133 illegal miners.
8. One affidavit has also been filed by the Meghalaya State Pollution Control Board dated 22.10.2021 along with annexures and inspection report of the Committee constituted by this Tribunal vide its order dated 02.8.2021. The same is taken on record.
9. Mr. Sanjay Upadhyay, Ld. Counsel for the applicant has raised three issues, viz.,
1. That the carrying capacity study is to be carried out instead of load bearing capacity of the road.
2. 57 new letter of intents (LOI) need to be suspended till the above issues are resolved.
3. Action may also be taken with regard to illegal use of explosives in mining activity.
Mr. Upadhyay, Ld. Counsel may crystallize the isssues so that an appropriate reply may be called for from the Respondents. Let an affidavit in this regard be filed before the next date fixed.
10. List on 10.01.2022.
11. I.A. 22/2020/EZ So far as I.A. 22/2020/EZ is concerned, Mr. Sanjay Upadhyay, ld. Counsel submits that prayers made in the I.A. have become infructuous I.A. No. 22/2020/EZ is dismissed.
12. I.A. 82/2020/EZ This I.A. has been filed with a prayer to take on record annexure A/1 to A/3. Ld. Counsel for the Respondents have no objection. I.A. is, therefore, allowed. Documents A/1 to A/3 are taken on record.
13. I.A. 49/2021/EZ 3 The I.A. has become infructuous as stated by Mr. Sanjay Upadhyay, ld. Counsel for the applicant and the same is accordingly dismissed.
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B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM October 26, 2021 Original Application No. 48/2019/EZ I.A. No.22/2020/EZ, I.A.No.82/2020/EZ & I.A. 49/2021/EZ AKC 4