National Green Tribunal in a recent ruling has expressed its concern on the issue of illegal mining being carried by several stone crushing units in the state of Punjab. Thus the Tribunal issued directions to the State Pollution Control Board to reconsider its policy of the consents under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 to stand-alone stone crushers without credible and effective data to ensure that the raw material is not sourced by illegal mining.
National Green Tribunal directed the Punjab Government to restrict the number of stone crushers as per the carrying capacity of source of raw material available. The carrying capacity answers the question as to how many stone crushers can be permitted into any area without the risk of degrading the environment.
The Tribunal also issued directions to the authorities to take strict action against the stone crushers without accountable sources of raw materials.
Case of the Applicant
A bench headed by NGT chairperson Justice A.K. Goel was hearing an original application instituted by Bachitter Singh against illegal operation of stone crushers in Roopnagar District. On submissions being made by the Counsel, the green panel observed that illegal mining is going on at a huge level to the tune of more than one crore metric tonnes of the value of more than Rs 600crores.
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Observation of the Tribunal
The Tribunal pointed out the leniency being shown with respect to compensation. They pointed at the lack of execution in paying of compensation for the damage being made to the environment and stated that paper work is not suffice and is certainly meaningless until execution is being done at the ground level.
NGT further made a remark on approval of stand alone crushers and stated that they are being permitted without proper permission for mining in order to escape the environmental clearance.
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And therefore the establishment of stone crushers is in contravention to the environmental clearance. This is resulting in not only loss to environment but also loss in revenue. Order was issued by Tribunal to the Chief Secretary of Punjab to set up a proper mechanism within one month from the date of the order and thereafter remedial action should be taken within three months time.
Case Details
Before: National Green Tribunal
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Case Title: Bachitter Singh v. State of Punjab and Ors.
Coram: Hon’ble Mr. Justices Adarsh Kumar Goel, Sheo Kumar Singh and Nagin Nanda
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