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Judgment
Heard.
This Original Application has been filed on the allegation that the respondent No. 7 has been carrying on mining of coal in Kenda village, Burdwan district, West Bengal, without obtaining EC, consent to operate and other permissions necessary under various statutory provisions. It is further alleged that on account of the illegal excavation of coal in the area, a huge water body, viz., Dhulbad, which is said to be the main source of water for the villagers has dried up considerably causing acute shortage of water for not only the Kenda village but also the adjacent villages. The other allegation is that the respondents are indulging in indiscriminate use of explosives causing damage to the houses and structures in the village and its surrounding area.
When the matter came up for the first time before us on 26.05.2017, we had directed the State Pollution Control Board (SPCB) to inspect the area in question and verify on the correctness of the allegation contained in the original application and to submit a report. It was further directed that if it was found that the Respondent nos 7 & 8 were non-compliant with the requirements of the pollution norms, appropriate action in accordance with law be taken under the relevant pollution laws.
It may be relevant to note that this case was taken up on being transferred by the Kolkata High Court where an interim order was passed prohibiting the project proponent from using explosives and work of the excavation. This order was made operative by the Tribunal until the next date.
On 03.0.2017, we were informed on behalf of the Respondent nos 7 & 8, the project proponents, that they had obtained Consent to Operate and, therefore, it was prayed that the order of prohibition be vacated. The prayer was allowed making it clear that the only question left for us to consider was the consequence of the project having been taken up prior to the grant of Consent to Operate and the Environmental Clearance.
For convenience we may reproduced the relevant portion of the order dated 03.10.2017:
"Accordingly the order dated 13.07.2017 stands hereby vacated. However, we shall consider the matter pertaining to the operation of the mines by the Respondent Nos. 7 & 8 during the period prior to the grant of consent to operate and environmental clearance which in our view, would only be a residual question, at the time of final disposal of the original application."
By order dated 07.11.2017, the SPCB was directed to inspect the coalfields in question and verify as to whether steps had been taken by them for compliance of the Special Conditions of the Consent to Operate dated 10.08.2017.
The report was ultimately filed on 01.04.2019 but further direction was issued on that day upon the Board to submit a current status report with regard to the operation of the mining units and as to whether conditions of the Environmental Clearance and the Consent to Operate were being fully complied with and if not the action taken in that regard.
Today, Mr. Sibojyoti Chakraborty, learned Counsel submits that the report has since been filed and, according to the Board, matter pertaining to payment of environmental compensation was under its consideration in respect of which a hearing had been held on 07.11.2019 report in respect of which would be filed in due course.
The other questions that had arisen in the case was with regard to supply of potable water to the villagers in the vicinity of the coalfields and the rehabilitation measures which the Respondents were mandated to undertake.
Mr. Amitesh Banerjee, learned Senior Counsel for the Project Proponent, submits that a 10,000 gallon water tank has been installed along with pressure filter plant and 800 meters pipeline laid for supply of potable water to the villagers which, as per his instructions is presently in position. Apart from this, it is stated that relief and rehabilitation work is also been undertaken through the Asansol Durgapur Development Authority.
Learned Counsel for the applicant strongly refutes the contentions and submits that no water is being supplied as claimed and the relief and rehabilitation works have not been started.
Although, the report of the SPCB is not before us. Learned Counsel, Mr. Sibojyoti Chakraborty submits that action obtaining after the hearing on 07.11.2019 shall be taken shortly thereafter.
Considering the facts and circumstances, we are of the view that the Respondent nos. 7 & 8 should be directed to discharge its responsibilities as a responsible Public Sector Undertaking. Public interest element is inherent in their action making it incumbent upon them to ensure that the woes of the public are addressed. Accordingly, we direct as under:
i. The villagers shall be provided with potable drinking water in terms of the earlier directions, if not already done, within 30 days from hence. This direction shall be supervised by the District Magistrate, Burdwan District.
ii. The Respondent nos 7, 8 & 9 shall ensure that the relief and rehabilitation packages are provided to the affected villagers expeditiously as per the Environmental Clearance conditions.
iii. The Environmental Compensation shall be assessed by the SPCB, if not already done, after hearing the Respondent nos. 7 & 8 for the past violations which shall be paid by the said respondents also within 30 days. The amount shall be utilized for restitution and restoration of the area.
Compliance of the above directions shall be ensured by the SPCB and the District Magistrate, Burdwan District.
With the above directions this application stands disposed off along with M.A No. 361/2017 with no order as to costs.