Co can’t escape environment compensation by paying royalty for illegal extraction: NGT | Bhubaneswar News
Cuttack: Mere payment of royalty and penalty for illegally excavated earth/morrum does not absolve a party from compensating for the damage caused to environment, National Green Tribunal (NGT) has ruled in the case of a private construction company engaged in Jharsuguda district.
State Environment Impact Assessment Authority (SEIAA), Odisha, submitted that no environmental clearance was issued to the company for extraction of earth/morrum in any part of Jharsuguda or any other district.
Accordingly, NGT’s east zone bench of Justice B Amit Sthalekar (judicial member) and Dr Arun Kumar Verma (expert member) observed, “This confirms that the excavation carried out by the company is absolutely illegal and in violation of environmental norms and the EIA Notification, 2006. Therefore, the company is liable for payment of environmental compensation to be computed by the SEIAA, Odisha,” while disposing of a petition filed by Jitendra Kumar Pradhan, a resident of Brajarajnagar.
Jharsuguda SP as well as sub-divisional police officer, Brajarajnagar, stated that no complaint was filed either by govt officials or by any private individual. Therefore, no criminal case could be instituted against the company.
“This only shows the apathy on the part of the govt officials to look the other way when a party is acting in brazen violation of environmental laws and EIA Notification, 2006. The conduct of the state administration cannot be condoned in not taking appropriate action against the construction company for violation of environmental norms,” the bench said in its judgment released online on Friday.
Accordingly, the bench directed SEIAA “to determine environmental compensation against the construction company, for violation of environmental norms, after giving an opportunity of being heard, and pass appropriate orders strictly in accordance with law within a period of two months”.
The fact-finding committee constituted by the tribunal to ascertain the veracity of allegations in the petition confirmed illegal extraction of 56,100 cubic metres of morrum. Advocate Sankar Prasad Pani represented the petitioner. The bench also directed the divisional forest officer (Jharsuguda) to initiate proceedings against the company for violation of environmental norms as per law.
While the royalty penalty and interest to be paid was assessed at Rs 27,44,000, the company paid Rs 13,78,000. The bench further directed the tehsildar (Jharsuguda) to take steps for recovery of the balance Rs 14,44,000 from the company.
The bench also directed SEIAA, DFO and tehsildar to file their respective action taken report/compliance affidavits by April 1.
State Environment Impact Assessment Authority (SEIAA), Odisha, submitted that no environmental clearance was issued to the company for extraction of earth/morrum in any part of Jharsuguda or any other district.
Accordingly, NGT’s east zone bench of Justice B Amit Sthalekar (judicial member) and Dr Arun Kumar Verma (expert member) observed, “This confirms that the excavation carried out by the company is absolutely illegal and in violation of environmental norms and the EIA Notification, 2006. Therefore, the company is liable for payment of environmental compensation to be computed by the SEIAA, Odisha,” while disposing of a petition filed by Jitendra Kumar Pradhan, a resident of Brajarajnagar.
Jharsuguda SP as well as sub-divisional police officer, Brajarajnagar, stated that no complaint was filed either by govt officials or by any private individual. Therefore, no criminal case could be instituted against the company.
“This only shows the apathy on the part of the govt officials to look the other way when a party is acting in brazen violation of environmental laws and EIA Notification, 2006. The conduct of the state administration cannot be condoned in not taking appropriate action against the construction company for violation of environmental norms,” the bench said in its judgment released online on Friday.
Accordingly, the bench directed SEIAA “to determine environmental compensation against the construction company, for violation of environmental norms, after giving an opportunity of being heard, and pass appropriate orders strictly in accordance with law within a period of two months”.
The fact-finding committee constituted by the tribunal to ascertain the veracity of allegations in the petition confirmed illegal extraction of 56,100 cubic metres of morrum. Advocate Sankar Prasad Pani represented the petitioner. The bench also directed the divisional forest officer (Jharsuguda) to initiate proceedings against the company for violation of environmental norms as per law.
While the royalty penalty and interest to be paid was assessed at Rs 27,44,000, the company paid Rs 13,78,000. The bench further directed the tehsildar (Jharsuguda) to take steps for recovery of the balance Rs 14,44,000 from the company.
The bench also directed SEIAA, DFO and tehsildar to file their respective action taken report/compliance affidavits by April 1.
