NGT Orders Compensation For Deaths Of Children In West Bengal's Illegal Mining Case

NGT ordered compensation of 20 lakhs to each of the heirs of three deceased persons, including two 15-year-old children, and 5 lakhs to the injured who were engaged in illegal mining activities on the Balason river bed in Siliguri,West Bengal.Two children, along with a 20-year-old person, were crushed to death while illegally loading sand onto a truck in the Balason river bed in Siliguri on promise to pay 350 rupees each per truck.The principal bench of NGT (National Green Tribunal), comprising of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal (Judicial Member), and Dr Senthil Vel (Expert Member) said that , “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. Even criminal case against the violator is not for theft of mined material nor for violation of environmental norms. Thus, the State cannot avoid responsibility for compensating the victims in view of negligence of its authorities in enforcing the rights of the victims by using its regulatory authority in controlling illegal hazardous activities.”The proceedings were initiated suo motu in light of a media report captioned the death of three children during illegal mining in West Bengal on 7th March 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.In response to the notice, a statement of facts was filed as received from District Magistrate, Darjeeling, WB.NGT found that it is clear from the statement of facts that the deceased have been identified as Monu, aged 20, Somal and Rohit, aged 15 each and the injured Naresh Sahani were involved in illegal mining activities.The Tribunal noted that the State has failed to enforce the applicable regulatory regime for this hazardous activity and no steps have been taken to recover compensation from the violator under environmental law, and the compensation paid to the victims was not reasonable.The Tribunal cited several Supreme Court judgments, such as MCD v. Uphaar Tragedy Victims Association (2011) 14 SCC 481 and Vadodra Municipal Corporation v. Purshottam v. Murjani & Ors. (2014) 16 SCC 14, to establish that while it is the violator's duty to provide compensation under the principle of absolute liability arising from hazardous commercial activity, the State is also responsible for paying compensation under its duty as a welfare state to protect its citizens.Further NGT noted that In the present case, death of the children is patently due to violation of established norms. The State Authorities failed to enforce the law and prevent the incident. Apart from illegal engagement of children, 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. No safeguards have been used in the process. Thus, the State cannot escape liability for violation of environmental norms.The Tribunal said, according to the "Absolute Principle" established in M.C. Mehta vs. Union of India & Ors. (1987) 1 SCC 395, the primary liability for illegal mining lies with those who engage in it. However, when the violators fail to pay compensation, it becomes the State's responsibility to provide compensation and recover it from the violators.The Tribunal also referred to a series of industrial and accidental matters on environmental compensation for the deceased and injured, including In re: Gas Leak at LG Polymers Chemical Plant in RR Venkatapuram Village Visakhapatnam in Andhra Pradesh.In light of the above, the Tribunal has directed the District Magistrate of Siliguri/Darjeeling to ensure that the heirs of the deceased receive compensation of 20 Lakh rupees each, and the injured party receives 5 Lakh. The Tribunal has further ordered that the payment must be made within one month and actions must be taken against the violator under Environmental Law simultaneously at the earliest.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”Click Here To Read/Download Order

NGT Orders Compensation For Deaths Of Children In West Bengal's Illegal Mining Case

Aiman J. Chishti

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