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Synopsis

The Principal bench of the National Green Tribunal, New Delhi recently ordered the district magistrate of Siliguri, West Bengal to ensure payment of compensation of Rs. 20 lakhs to the heirs of the children who died and Rs. 5 lakhs to the person who got injured during illegal mining in West Bengal on March 07, 2023.

The bench of NGT comprising Justices Adarsh Kumar Goel (Chairperson), Sudhir Agarwal (Judicial Member) and Dr Senthil Vel (Expert Member) observed, “...death of the children is due to the violation of established norms. There was a failure on the part of the state to enforce the applicable regulatory regime for the hazardous activity in question. The illegal engagement of children and the mining in the river bank is not shown to be by any Authority of Law, such as mining lease, replenishment study, DSR and Environment Clearance. Further, no safeguards have been used in the process. Thus, the State cannot escape liability for violation of environmental norms.”

The tribunal had taken the suo moto cognizance in the light of a media report about the death of three children during illegal mining in Siliguri Zone, West Bengal.

In the present matter, two children aged 15 years and one person aged 20 years died at Siliguri while loading illegally mined sand on the truck on the beds of river Balason in Tripalijot Matigara Police Station whereas one child was injured in the same. They all were hired for illegal loading on Rs.350 per truck.

On March 15, 2023 notice was issued to the West Bengal Pollution Control Board, Mining Officer, Siliguri Zone, West Bengal, District Magistrate, Siliguri/Darjeeling and Inspector of Police, Siliguri Police Station.

Advocate Madhumita Bhattacharjee who represented the State filed a statement of facts received from the District Magistrate, Darjeeling.

“State failed to enforce applicable regulatory regime for hazardous activity and No steps have been taken for recovery of compensation from the violator as per environmental law nor compensation paid to the victims is as per any reasonable basis,” the tribunal noted.

“The victims have been held entitled to compensation based on the principle of absolute liability arising from engaging in a hazardous commercial activity where the law violator is not made to pay compensation. The State has also been held liable to pay compensation based on its duty as a welfare state to protect the citizens and for failing to take steps to protect the citizens against hazardous illegal activities to prevent which is the State's duty,” the tribunal observed while referring to the cases of MCD v. Uphaar Tragedy Victims Association (2011)  and Vadodara Municipal Corporation v. Purshottam v. Murjani & Ors. (2014)

The tribunal also relied on the case of M.C. Mehta vs. Union of India & Ors (1987) regarding the “Absolute Principle” and stated that when the violators have not been made to pay, it is the liability of the State to pay the compensation and recover the same from the violators.

By taking view of the above case laws and other facts, NGT has directed the District Magistrate, Siliguri/Darjeeling to ensure payment of compensation of Rs. 20 Lakh each to the heirs of the deceased and Rs. 5 Lakh to the injured within one month.

Case Title: In re: News item published in Newspaper The Hindu dated 07.03.2023 titled “Three children die during illegal mining in West Bengal”