| File Note: |
1. In addition to the note of Regional Office, Rupnagar, it is submitted that the Regional Office vide its e-mail dated 14/02/2025 has informed that the stone crusher has deposited 03. no. post-dated cheques w.r.t. pending environmental compensation amounting to 10 lakhs with effect from 18.03.2025 to 18.05.2025 i.e. the stone crusher has now deposited full environment compensation of Rs.18.5 lakhs.
2. The stone crusher is complying with the code of practice for such type of units as informed by the Regional Office.
3. There is no pending appeal by the stone crusher before the Hon'ble Appellate Authority as the same has been dismissed as withdrawn by the stone crusher.
4. FIR done by Mining Department regarding the stone crusher on 27.08.2023 as mentioned earlier is pending. However, at the time of registering F.I.R., the stone crusher had valid consents to operate under the Water Act, 1974 and the Air Act, 1981.
5. However, O.A. No. 624/2023- News Item published in The Tribune dated 28.09.2023 titled as "Hills 'vanish' as illegal mining rampant in Beet area" is pending in Hon'ble National Green Tribunal, New Delhi. During the hearing on 29.08.2024, in the Hon'ble Tribunal, it was noted that
"2. Learned Counsel for the Punjab Pollution Control Board (PPCB) on 14.05.2024 had referred to the action plan for assessment and recovery of compensation for illegal sand mining and had submitted that the EC is now required to be calculated and recovered by the Mining Department. Hence, Tribunal had observed that the responsibility of levy and recovery of EC for violation of environmental norms primarily lies with the Pollution Control Board and in this background, Tribunal had directed the Member Secretary, Central Pollution Control Board (CPCB) to make the position clear by filing the response confining to the said issue.
3. CPCB has filed the response dated 23.08.2024 taking the same plea which was taken by Counsel for PPCB and stating as under:
“(d) In view of submission (b) and (c) Hon'ble NGT may consider authorizing assessment and recovery of (environmental) compensation by the Mining Department in cases of illegal mining without Environmental Clearance / Consent or beyond Environmental Clearance / Consent limits, whereas, SPCBs may be authorized to levy and recover (environmental) compensation for violation of Environmental Clearance / Consent conditions in cases where the Environmental Clearance/Consent have been granted.”
4. In spite of the lengthy hearing, Learned Counsel for CPCB could not point out any statutory provision under which the Mining Department can recover the EC. She has placed reliance upon the order of the Tribunal dated 26.02.2021 in OA No. 360 of 2015 but from that order also she could not point out that Tribunal had authorised the Mining Department to recover the EC. It cannot be disputed that the EC for causing damage to the environment can be recovered only in accordance with law.
5. In the aforesaid background, Learned Counsel for CPCB seeks time to re-examine the plea of levy and recovery of EC by the Mining Department. Four Weeks' time as prayed for filing a fresh report keeping in view the observations made above is granted to the Counsel for the CPCB.
6. List on 10.12.2024."
6. The matter was listed on 10.12.2024 in Hon'ble NGT, wherein the Counsel appearing for Punjab State Pollution Control Board sought adjournment to examine the issue regarding levy and recovery of EC by the Mining Department and address the Tribunal. The matter is now listed for hearing before the Hon'ble Tribunal on 04.04.2025.
7. Regional Office has sent the case for consideration for grant of consents to operate to the stone crusher under the Water Act, 1974 and the Air Act, 1981.
(i) The stone crusher has deposited the environmental compensation imposed upon it for violation of environmental laws/polluting the environment. As per the action plan for assessment and recovery of compensation for illegal sand mining discussed the hearing dated 10.12.2024 of Hon'ble NGT, SPCBs may be authorized to levy and recover (environmental) compensation for violation of Environmental Clearance / Consent conditions in cases where the Environmental Clearance/Consent have been granted and the subject cited stone crusher was having valid consents, therefore, EC was imposed upon the stone crusher and the stone crusher has deposited the same. Also, the stone crusher was owned by a different person at that time and now the stone crusher has been purchased by new person and consents have been applied by the new person.
(ii) The matter regarding F.I.R. is being pursued by the Mining Department at their level and they may pursue at their own level.
(iii) The stone crusher is comply with the code of practice for such type of units.
Therefore, if approved,
1. Consents to operate may be granted to the stone crusher applied by the new person under the provisions of the Water Act, 1974 and the Air Act, 1981 upto 30.09.2025 with special conditions that the stone crusher unit will comply with the orders of the Hon'ble National Green Tribunal in O.A. No. 624/2023 from time to time and that in case the post-dated cheques deposited by the stone crusher are dishonoured, the consents shall be deemed automatically revoked/cancelled.
2. Regional Office, Rupnagar may be directed to send the report regarding further action to be taken by the board in view of the orders dated 10.12.2024 of Hon'ble NGT in O.A. No. 624/2023.
Competency: Hon'ble Chairman
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