Judgment of the National Green Tribunal regarding thousands of trees facing danger due to illegal mining, Rupnagar district, Punjab, 19/03/2025
Judgment of the National Green Tribunal in the matter of Balwinder Kaur Vs State of Punjab & Others dated 19/03/2024.
Balwinder Kaur, the applicant raised the grievance of risk of thousands of trees felling due to likelihood of land sliding. It was said that illegal mining is being carried out upto 15 to 20 feet in agricultural land adjacent to forest department land where thousands of trees are standing which are facing risk of land sliding on account of illegal mining which may result in tremendous loss to the environment.
The report filed by the joint committee, May 20, 2024 said the committee found several violations in respect of mining conducted at site which included mining of much more material than permitted by M/s. Ceigall India Limited, a company employed by National Highway Authority of India (NHAI) for construction of Jammu-Katra Expressway on part coming in district Rupnagar.
The NGT was of the view that even if 1 per cent of the project cost was taken as environmental compensation for carrying out illegal construction activities, it will come to Rs.11 crores. Besides, NHAI is also liable to pay environmental compensation of Rs 85,87,500 which has been computed by the Punjab State Pollution Control Board (PSPCB) for the period of April 18, 2023 to July 18, 2024. For further carrying out illegal activities in violation of environmental laws for the period from July 19, 2024 and onwards, PSPCB should determine environmental compensation after giving opportunity of hearing to NHAI within two months.
The entire amount of environmental compensation should be payable by NHAI without further delay and within three months, the order said.
The NGT also directed NHAI and Ceigall India Limited to obtain necessary consents/clearances/permissions under environmental laws from the concerned authorities within two months and if they failed to do so, no construction work should be carried out thereafter without obtaining statutory permissions and complying with the provisions of environmental laws.
The amount of environmental compensation realized/recovered under the order would be utilized for remediation of the damaged environment in accordance with Environment Remediation Plan which should be prepared by a Joint Committee comprising CPCB, PSPCB and a representative of Ministry of Environment, Forest and Climate Change (MoEF&CC) wherein CPCB would be the nodal authority. This Plan has to be prepared within 3 months and executed in the next 3 months.