National Green Tribunal
Gurpreet Singh Bagga vs Ministry Of Environment, Forest And ... on 10 March, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Court No.01)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Execution Application No. 04/2022
IN
Original Application No. 184/2013
(I.A. No.31/2022 & M.A. No.10/2022)
Gurpreet Singh Bagga Applicant
Versus
MoEF & Ors. Respondent(s)
Ranvir Singh ................ Execution Applicant
Date of hearing: 10.03.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant: Mr. Ajit Sharma, Advocate for Applicant in E.A 04/2022
ORDER
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1. This applications seeks execution of order of this Tribunal dated 18.02.2016 passed in O.A No. 184/2013, Gurpreet Singh Bagga v. MoEF & Ors., directing as follows:-
"10. xxx.........................xxx.................................xxx We direct respondent no. 7 who falls in this category to pay Environmental Compensation of Rs. 2.5 crores. We further direct all the five noticees (Mr. Amit Jain, Mohd Inam, Mohd Ali, Mr. Vikal Agarwal and Wajid Ali) who with one another are constituting all the 13 partnership firms to whom mining leases have been granted now for decades, to pay Environmental Compensation of Rs. 50 crores, payable by each of the individual partners for and on behalf of all the 13 mine lease firms.1
This compensation should be paid within 4 weeks from today in equal share to the respective State Governments and the State Pollution Control Boards of the respective States. This Environmental Compensation shall be kept in a separate account by the State Governments and the Boards and will be utilised only for the purpose of restoration of the environment, ecology, biodiversity and for taking precautionary steps to control and prevent pollution in these two districts, subject to further orders of the Tribunal.
11. xxx.....................................xxx.....................................xxx
12. In the event any of the parties, liable to pay Environmental Compensation, fails to pay the same within the stipulated period the State and the Boards would forthwith revoke the mining leases as well as the consents, EC, if granted. In the meanwhile, we also direct that the State Government, Board and MoEF will not extend or renew the mining leases, consents or the EC till final orders are passed by the Tribunal upon the receipt of the report of the High Powered Committee."
2. On appeal, the Hon'ble Supreme Court partly modified the order by setting aside award of compensation against Pradhan Stone Crusher, Wajid Ali and Vikas Agarwal Dilshad. Direction against Amit Jain, Mohd. Inaam and Mahmood Ali to pay compensation of Rs. 50 Crores each remains and has to be enforced. The order of the Hon'ble Supreme Court is reproduced below:-
"We find that in the case which involves Pradhan Stone Crushers (Civil Appeal No. 2667 of 2016), Pradhan Stone Crushers applied to be impleaded itself in order to point out certain facts to the Tribunal. Pradhan Stone crushers was not a miner of stones nor it did not hold a mining lease in this behalf but was only a stone crusher, who allegedly was not working as such at the relevant time so far as Pradhan Stone Crushers is concerned, therefore, the fine that is imposed upon them for environmental degradation cannot be sustained and is thus set aside.
So far as Mr. Wajid Ali (Cavil Appeal D. No 7484/2016) Dilshad (Civil Appeal No 7821/2016)and Mr. Vikas Agarwal (Civil Appeal D No 9109/2016) are concerned, none of them appear to be covered by the table that is given in paragraph 2 of the C.E.C. Report Further even in the impugned judgment, we find that it is incorrect to state that among five noticees, who are named, Vikas Agarwal and wajid Ali happen to be noticees infact, according to Mr. Jayant Bhushan Senior Counsel appearing for Vikas Agarwal, the mining lease granted to him is on River Solani, which is some 30 kms away from the sites in question.2
So far as Dilshad is concerned, it is stated that he has three mining Leases with Mahmood Ali, all of which pertain to different lots in different villages Admittedly, Dilshad is also not served with any notice of the proceeding. The same goes for Wajid Ali. Therefore, so far as all these persons are concerned the fine imposed upon them by the impugned judgment is set aside on this ground alone.
So far as Mr. Amit Jain (civil Appeal No. 5003/2016) and Mr. Mahmood Ali (Civil Appeal No. 5005/2016) are concerned, we find that there notices were issued to them, they appeared and made submission. We see no reason to interfere with the impugned judgment so far as these two appeals are concerned.
We may hasten to add that the rest of the National Green Tribunal's judgment is not interfered with by us as a result of which, the High Powered Committee Report that was issued in September, 2016, pursuant to the judgment is also not being touched by us. To this extent, therefore, these appeals are disposed of."
3. According to the Execution Application, in spite of the orders of the Hon'ble Supreme Court dated 16.07.2019, compensation is not being recovered from the said three persons - Amit Jain, Mohd. Inaam and Mahmood Ali who have been impleaded as respondent Nos. 05 to 07 in this Application. In terms of order of this Tribunal as affirmed by the order of the Hon'ble Supreme Court, the State government and State PCB have to recover the amount of compensation and in the event of failure, to take coercive measures. Failure of the authorities in enforcing the order is depriving the State of the amount required to be recovered and since the amount is to be used for environmental restoration, work of restoration is also suffering. The Tribunal thus needs to issue appropriate direction.
4. Having considered the matter, we are satisfied that it is necessary to direct that the State should take further steps for recovering and utilising the amount in terms of order of this Tribunal, as affirmed by the Hon'ble Supreme Court.
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5. Accordingly, we direct the Chief Secretary, Haryana to ensure further action for recovery of the amount to be utilized for restoration of environment, as already directed.
The Application is disposed of.
A copy of this order be forwarded to the Chief Secretary, Haryana by email for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM March 10, 2022 Execution Application No. 04/2022 In Original Application No. 184/2013 (I.A. No.31/2022 & M.A. No.10/2022) AB 4