Bastar Limestone Mine Collapse : NGT Directs DM To Pay Rs 16 Lakh Compensation To Kin Of Deceased

The principal bench of the National Green Tribunal (NGT) has directed the District Magistrate of Bastar to disburse Rs. 16 lakhs to the heirs of each of the deceased who died in the Bastar Limestone collapse in 2022, in addition to Rs. 4 lakhs which have already been paid.

The Tribunal has also directed that Rs. 2 lakhs each be paid to the injured within one month.

The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal, Dr.A. Senthil Vel said, “there is a failure on the part of State machinery in preventing such hazardous activities and also identifying the persons undertaking such activities. In such a situation, there is no reason to deprive the heirs of the deceased from just compensation to be paid by the State with liberty to recover the same from violators.”

While primary liability for such deaths is of the persons undertaking illegal excavation activities, the State cannot avoid its responsibility for safety of human lives for failure of its vigilance and regulatory mechanism,the Tribunal observed.

The Court was hearing the Suo moto proceeding in the light of a media report of “death of seven persons on account of limestone mine collapse” in Village Maalgaon, District Bastar, Chhattisgarh.

In December 2022, the Tribunal took up the matter for consideration after giving advance notice and constituted a fact-finding Committee.

The NGT noted that, “it is clear from the report that death of six persons has taken place due to collapse of soil bed in the course of excavation of soil. The report mentions that accident site area has been fenced with sign board of restricted area. The excavation activities are prohibited in the area.”

Though the Committee has failed to identify the violator, there is no dispute that death is in the course of illegal excavation. There is a failure on the part of State machinery in preventing such hazardous activities and also identifying the persons undertaking such activities, it added.

Referring to In re: News item published in Newspaper The Hindu dated 07.03.2023 titled “Three children die during illegal mining in West Bengal”, the Tribunal said, “Even on adhoc basis and in absence of particulars of loss of earning, compensation in such cases has to be atleast Rs. 20 lakhs for each death.”

The Court noted that 4 lakh have already been paid to the families of the deceased person therefore it ordered the DM to disburse, “further amount of Rs. 16 lakhs to the heirs of each of the deceased and Rs. 2 lakhs each to the injured within one month from today”.

While disposing of the case, the Tribunal held that, “it will be open to the District Magistrate to identify the violators and proceed against them in accordance with law, including for recovery of compensation.”

Case Title: In re: News item in India TV dated 02.12.2022 titled “Chhattisgarh: Seven dead as part of limestone mine collapse in Bastar Village”

Click Here To Read/Download Order