The NGT, on the Suo Motu cognizance grounded on media reports of the case Death of children during illegal mining in West Bangal has ordered the district Magistrate of Darjeeling to pay compensation of ₹20 lakh to the heirs at law of 3 departed persons and ₹5 lakh to those injured person who were engaged in illegal mining activities. On 6th March, 2023, 2 children & a 20-year-old person were crushed to death, while immorally loading sand onto the truck in Balason river bed in Siliguri. The victims had each been promised a sum of ₹ 350 per truck. 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. response to the notice, a statement of data was filed as entered from District Magistrate, Darjeeling, WB. “In the present case, death(s) of the children is patently due to violation of established morals. The State Authorities failed to apply law and help the incident. Aside from illegal engagement of children, the mining in the river bank isn’t shown to be by any Authority of Law, like, mining lease, replenishment study, DSR and Environment Clearance. No safeguards have been used in the process. Therefore, the State can not escape liability for violation of environmental morals,” the order said. “Indeed felonious case against the violator isn’t for theft of mined material nor for violation of environmental morals. Therefore, the State can not avoid responsibility for compensating the victims in view of negligence of its authorities in administering the rights of the victims, by using its non supervisory authority in controlling illegal dangerous conditioning, ” the order dated March 28 said. The star Bench of the NGT, comprising Justice Adarsh Kumar Goel( speaker), Justice Sudhir Agarwal( judicial member), and Mr. Senthil Vel( expert member) said that no way had been taken for the recovery of compensation from the violator, as per environmental law. He added that the compensation paid to the victims was also not reasonable. The statement of data clarified that the departed, videlicet, Monu( 20), Somal( 15) and Rohit( 15); and the injured Naresh Sahani, were involved in illegal mining conditioning.
By : Muskan kumari, College: The ICFAI UNIVERSITY RANCHI JHARKHAND
0 Comments