Mizoram quarry collapse: NGT directs project proponent to pay Rs 70 cr for restoration of the environment

The National Green Tribunal (NGT) has directed the project proponent (PP) to pay Rs 70 crore within one month to be utilized for the restoration of the environment in relation to Stone quarry collapses in Mizoram state where several persons had died.

The Tribunal bench headed by Justice Adarsh Kumar Goel viewed that the mining operations by the project proponent (PP) have been carried out in violation of environmental laws.

Apart from compensation to the victims, the PP is liable to pay compensation on polluter pays principle for such serious violations, which have obviously degraded the environment.

According to the media report, the operating Revenue of the PP is over Rs 700 crores, so we determine the liability of the PP at Rs 70 crores being 10 per cent of its revenue.

The same be deposited with the Chief Secretary, Mizoram within one month to be utilized for the restoration of the environment in the State, said the bench in an order passed on January 23, 2023, the Tribunal's bench said.

We also direct NHAI to take precautions in hiring mining operators (Contractors as well as Sub-Contractors) and ensure that they possess requisite Environment Clearance and consents, particularly when blasting is involved so that compliance of Environmental Law and safety can be ensured and degradation of environment prevented. If such precautions are not taken, NHAI's vicarious liability may have to be fixed, the bench added.

Earlier the Tribunal had ordered to constitute a joint Committee to be headed by the Chief Secretary, Mizoram with other members in relation to Stone quarry collapses in Mizoram in which several persons died recently and said, "We express our regret that adequate sensitivity is not shown by the authorities in dealing with human tragedy of such magnitude".

The Tribunal bench stated that the State Authorities may ensure disbursement of compensation to the victims by taking such coercive measures as may be necessary against the contractor firm, failing which the State itself will be liable for payment.

State may also take appropriate stringent measures against violation of law. Action to be taken by the State Authorities should include fixing responsibility for violating environment and safety norms, including in handling of explosive for blasting, the bench said.

Tribunal also noted that "in such serious issues, investigation cannot be long drawn and statutory regulators could at least give prima facie version. It is further surprising that compensation paid to the victims is ridiculously low. Compensation ought to have been paid at least as per scale laid down in Employees/Workmen Compensation Act, 1923, the bench added.

Hearing in the matter was initiated by NGT after taking note of a media report titled "Stone quarry collapses in Mizoram, 12 feared dead" to the effect that as a consequence of the collapse of slope in Hnahthial District, Mizoram, 12 people, who were the workers engaged by ABCI Infrastructure Private Limited, died.

( With inputs from ANI )

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