West Bengal illegal mining case: NGT directs ₹20 lakh compensation to kin of deceased

The NGT has taken suo motu cognisance on the basis of a report in The Hindu dated March 7, 2023, titled “Three children die during illegal mining in West Bengal”

The National Green Tribunal (NGT) has ordered the District Magistrate of Darjeeling district in West Bengal to pay compensation of ₹20 lakh each to the heirs of three deceased persons engaged in illegal mining activities.

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. The victims had each been promised a sum of ₹350 per truck, on March 6. The NGT also ordered a compensation of ₹5 lakh for those injured in the accident.

The NGT has taken  suo motu cognisance on the basis of a report in The Hindu dated March 7, 2023, titled “Three children die during illegal mining in West Bengal”.

“In the present case, death(s) of the children is patently due to violation of established norms. The State Authorities failed to enforce 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 order said.

The Principal Bench of the NGT, comprising Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal (judicial member), and Mr. Senthil Vel (expert member) said that no steps 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.

“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 order dated March 28 said.

The NGT also said that the statement of facts clarified that the deceased, namely, Monu (20), Somal (15) and Rohit (15); and the injured Naresh Sahani, were involved in illegal mining activities.