The Special Bench of National Green Tribunal (NGT), has ordered two construction firms involved in the railway project construction work, to pay Rs. 20 crore interim environmental compensation due to illegal extraction of earth or minor minerals.
The NGT pronouncing an interim order for a petition that was five years old, asked Woodhill Hillways (JV), and Hillways Construction Company Private Limited to deposit the amount with State Pollution Control Board within a period of two months.
The interim compensation, valued at Rs. The two companies will deposit Rs. 20 crore within two months with SPCB. If the deposit is not made according to the instructions, the District Magistrates may use coercive measures to recover the amount. This was ruled by a five-member NGT special bench.
The petition sought NGT intervention against illegal soil/Morrum/earth extraction by the two companies to execute railway work in connection with the Angul Duburi-Sukinda railline in the State.
The required Environment Impact Assessment (EIA) was not completed for the mining. The area is forest, and no clearance has been done under the Forest (Conservation) Act of 1980. According to the application filed on 30 Aug 2017, mining was conducted without the necessary safeguards.
According to the State Pollution Control Board’s affidavit, the quantity of mined materials is 18,33,660 cubic metres. The Railways Administration replied that the EIA requirement does NOT apply to a Railway Project.
Further, it is stated that quarrying operations for Railway Administration do not require any permit under Mining Law. This is in accordance with section 11 of 1989 Railways Act. The companies stated that the railway project is a significant project and thus neither EIA, nor Mining Rules apply.
We find no merit in the Railway Administration’s request for exemption from the Environment Clearance or other laws, and the NGT ruled accordingly.
Without EC, mining is patently unlawful. Mining without the permission of the State or a mineral vest are illegal and constitute theft. According to petitioners counsel, compensation does not include the value of the mined material or the cost of restoration. It also does not consider the extent of environmental damage and deterrent elements, as required by law.
The total royalty paid is more that Rs. 3 crores. This is 10% of the total value of the mined material, which is estimated to be more that 1800000 cum. Therefore, the minimum value for mined material can be safely taken as Rs. 20 crores. The SPCB is the nodal agent for coordination and compliance.
In the meantime, the Supreme Court will calculate the final amount of compensation after consulting the companies. It will take into account the cost of the mined material, the cost of the environmental services lost forever, the deterrent element, and the cost of restoration.
The Joint Committee, which includes CPCB and SPCB, SEIAA Odisha, SEIAA Odisha, and District Magistrate Dhenkanal, may also prepare a plan for the restoration of the amount recovered, taking into consideration the District Environment Plan.
The execution of the order may be performed by an appropriate agency, which can be decided and monitored by the Committee.