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Judgment
This OA is registered suo motu on the basis of the news item titled "Bus ferrying distillery company workers falls into soil mine pit in Durg: 12 killed" appearing in ‘The Hindu’ dated 10.04.2024.
The news item discloses that 12 people have died and injury has been caused to 14 as a bus they were on fell into a ‘morum’ soil mine pit in Chhattisgarh’s Durg District on 09.04.2024 night. As per the report, bus with more than 30 people onboard skidded off the road and plunged into 40 feet deep ‘morum’ mine resulting into 12 deaths. The news item does not disclose the details of person who was responsible for creating a 40 feet deep pit on account of ‘morum’ mining and leaving it unguarded without barricade.
Learned Counsel for Chhattisgarh Environment Conservation Board has submitted that a magisterial enquiry has been directed and barricading of the pit has been done. He submits that once the person responsible for the illegal mining and leaving the pit open is traced out, action for imposition of environmental compensation will be taken. He submits that the distillery company where the workers were employed has paid the compensation of Rs. 10 lakh each to the family members of the deceased workers.
The news item raises substantial issue relating to compliance of the environmental norms.
Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
Hence, we implead the following as respondents in the matter:
(1). Central Pollution Control Board through its Member Secretary.
(2). Chhattisgarh Environment Conservation Board, Raipur through its Member Secretary.
(3). District Collector/District Magistrate, Durg.
Learned Counsel for Respondents No. 1 and 2 appearing on advance notice seek four weeks’ time to file their reply. Let the same be filed before the appropriate Bench of the Tribunal.
Let notice be issued to Respondent No. 3 for filing the response before the appropriate Bench of the Tribunal.
Since the matter relates to the Central Zonal Bench of the Tribunal, therefore, OA is transferred to the Central Zonal Bench, Bhopal for appropriate further action. Let the original record of the OA be transferred to the Central Zonal Bench.
List before the Central Zonal Bench at Bhopal on 28.05.2024.