NGT imposes Rs 14 crore fine on 2 stone crushers in Rajouri district

Fine of Rs 14 crore to be used for restoration of environment within a month: NGT

Shyam Sood

Rajouri, November 28: A bench of the National Green Tribunal (NGT) in a judgment passed on November 23 has slapped Rs 14 crore penalty on two (Rs 7 crore each) Saranoo based, in Rajouri district of UT of J&K, stone crushing units for causing pollution and damage to the environment.
In this connection, a complaint (grievance) was made by Sarpanch of the area Arti Sharma against the operation of two stone crushing units, namely M/S Diamond Stone Crusher and Shanker Stone Crusher respectively for alleged violation of environmental norms.
The NGT) bench comprising Justice Adarsh Kumar Goel (Chairperson); Justice Sudhir Agarwal (Justice Member); & Prof. A.Senthil Vel (Expert Member) passed this exemplary decision on November 23 in Original Application (AO) 137/2021 titled ‘Arti Sharma (Sarpanch) Vis State of Jammu and Kashmir’
According to NGT order, the grievance in this application is against operation of stone crushers (Diamond Stone Crusher & Shanker Stone Crusher) at village Saranoo in Rajouri district in violation of environmental norms.
According to Arti Sharma, Sarpanch these stone crushers are located close to residential areas and Tawi River.
Illegal bore wells have been dug for fetching groundwater. The requisite environmental clearance was not taken by the operators of the crushers.
Illegal mining was also done on the bank of the river by using heavy machinery. Air pollution caused by using vehicles for transportation.
Arti Sharma in her complaint further said this is resulting in lowering of the water level, water scarcity, decreasing agriculture productivity, loss of biodiversity, land degradation, soil erosion, unproductive wastelands, noise pollution, dust pollution, water pollution, loss of habitat of flora and fauna.
She further added that the stone crushers had not installed requisite pollution control equipment nor created requisite green belts nor adopted other safeguards. “The statutory authorities are neglecting their duties. Though the State Pollution Control Board (SPSB) has issued guidelines for the safeguards to be employed by the stone crushers, the guidelines are neither followed nor monitored.
On Arti Sharma’s petition (complaint) the Tribunal constituted a joint Committee of CPCB, State PCB and District Magistrate, Rajouri on 30.06.2021 to investigate the above grievances and to ascertain the extent of non-compliances.
“Further directions were issued to prevent damage to the environment and recover compensation for the past violations covering not only the cost of mined materials, but also cost of restoration and value of ecological services forgone forever, with element of deterrence in terms of guidelines on the subject and action taken report was directed to be filed, “reads NGT order.
“Vide order dated 12.4.2022, the Tribunal considered the action taken report submitted by the joint Committee to the effect that there were violations and compensation was assessed and other steps taken”, order reads.
“However, the Tribunal found that the steps taken were inadequate and further remedial action was necessary which was directed to be verified by a joint Committee to be headed by Justice Janak Raj Kotwal, former Judge of J&K High Court along with CPCB, State PCB, nominee of Secretary Irrigation, J&K and District Magistrate, Rajouri,” NGT order further reads.
An action-taken report was filed on 9/11/2021 (as per NGT order)giving status of stone crushers in question and several deficiencies in operation of the mines are mentioned.
Action for illegal mining already taken against these stone crushers include penalty of Rs7,41,250 was imposed on Diamond Stone Crusher & the same was realised while a penalty of Rs 17,500 & Rs17,500 imposed on Shanker Stone crusher & realised.
Further District Magistrate Rajouri (order 2108-2021)has also imposed a fine of Rs 7 crore on M/S Shanker Stone Crusher for use of heavy machinery for mining purpose and lowering of water table.
However, the said order of DM has been stayed by J&K High Court vide order dt 2/9/2021 in WPC No: 1795/2021.
The NGT order further said; “The record of minutes of meeting dt 15/5/22 shows that the PPs (stone crusher owners) appeared before the Monitoring/Oversight committee but they have chosen not to enter appearance before the Tribunal in spite of knowledge of the proceedings and liberty given by the Hon’able Supreme Court,”.
“We, thus, see no reason not to accept the report of the joint committee to the extent of finding about violations failure to take remedial action. The said report is accepted & directions issued to take remedial action in terms of recommendations of the committee and PPs may be permitted to operate only after such compliance”.
NGT order further read; “On relevant basis, compensation has to be reassessed. Pending such reassessment, interim compensation is to be reassessed. Financial capacity of M/s Shankar Stone Crusher is reflected in the royalty amount which is Rs. 76 lakhs per annum in the case. Value of mined material will run into more than Rs 7 crore,”.
“With regard to M/s Diamond Stone Crusher, we find from the record that a penalty/fine of Rs. 7 crore was assessed for illegal mining, which stayed in WP (C) No. 1795/2021, M/s. Diamond Stone Crusher Sarnoo, Rajouri vs. UT of J&K by the J&K High Court vide order dated 2.9.2021 on the ground that the PP was not heard”, the judgement read and added that the matter was considered by the Supreme Court vide order dated 20.5.2022 and the respondents were permitted to appear before this Tribunal so that Tribunal could pass further order.
“In view of the order of the Supreme Court, we have no option but to pass order on merits. As already noted, the respondents have chosen not to appear. In these circumstances, we fix interim compensation in respect of both the respondents at Rs. 7 crore each”, NGT order read.
NGT bench in its order further directed the SPCB and the District Magistrate to ascertain the status of illegal extraction of groundwater, if any, & take remedial action and also to verify whether slit is being deposited in the river by the action of the stone crushers.
“If the units are allowed to function, the sitting criteria laid down by the CPCB/PCC may be strictly followed”.
The NGT bench in its decision also directed that the amount of compensation (14 crores) may be used for the restoration of the environment by preparing an action plan by CPCB, State PCC & the District Magistrate within one month from today.