Down To Earth brings you top environmental cases heard in Supreme Court, high courts & National Green Tribunal
Rat hole mining in Wokha district, Nagaland
The coal mine in Wokha district of Nagaland — where six workers lost their lives — is illegal in the eyes of the Mines Act 1952, said the counter affidavit filed by the Director of Mines Safety, Eastern Zone, Dhanbad, Jharkhand.
The affidavit was in response to the National Green Tribunal’s (NGT) eastern zone bench order dated April 30, 2024.
The application was registered suo motu on the basis of the news item, which appeared in The Hindu Bureau on January 27, 2024 under the title “Fire in Nagaland’s ‘rat-hole’ coal mine kills 6”. The news item revealed that six workers have been killed and four seriously injured after a fire broke out in a rat hole coal mine in Wokha district. As per the news item, illegal rat hole mining was in progress rampantly in the area. Rat hole mining entails a tunnel big enough for a mid-sized adult to crawl through squat and extract coal with a pickaxe.
According to the Director General of Mines and Safety (DGMS), the owner, agent or manager of the mine must submit “notice of opening” of the mine at least one month before the commencement of mining operations to DGMS as required under Mines Act 1952 and Coal Mines Regulations 2017. Further, the form should be accompanied by a plan showing the boundaries of the mine and the shafts or openings of the mine, trijunction or revenue pillars and other prominent and permanent surface features to the Chief Inspector and a copy to the Regional Inspector.
The report said neither the notice of the mining activity was given nor the notice of the accident was submitted by the owner to DGMS. “The existence of said coal mine and/or the occurrence of the accident therein were also not informed by Nagaland state government authorities. Thus, the mine in question may be considered as an illegal mine in the eyes of Mines Act, 1952,” said the report.
Stone crusher on Laiti riverbank, Jalpaiguri
A stone crushing unit in close proximity to the riverbank of the Laiti in West Bengal’s Jalpaiguri district is still operating even after the NGT on May 30, 2022, directed the authorities to take action within two months. This was stated in the application filed by Subhas Datta before the tribunal on May 28, 2024.
The applicant had visited the spot on May 8, 2024, when the stone crushing unit was found to be working in full swing. “Although there had been specific direction by the court to take action within two months from the date of the order, no action has been taken even after the elapse of two years,” the court was informed.
The applicant pointed out that the unit is not simply situated in close proximity to the river; it has been found to be well within the forest area. If the crushing unit is allowed to operate within the prohibited area, it will adversely affect the health of the people, marine biodiversity and environment. “Without further judicial intervention, there is no possibility to get rid of this environmental hazard.” Hence, the application was being filed.
The NGT on May 30, 2022, had directed the West Bengal Pollution Control Board and District Magistrate to take further action following due process of law, within two months, as the stone crusher activity was taking place within 100 feet of the edge of the river, which cannot be allowed.
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