Dolomite Mining In Uttarakhand: NGT Orders ₹2 Cr Interim Compensation For Environment Damage, Spreading Muck Beyond Allotted Area

In a case pertaining to the alleged illegal mining of dolomite rock by one M/s N.B Minerals Corporation Ltd in Uttarakhand's Pithoragarh area, the National Green Tribunal has recently directed the project proponent to deposit Rs. 2 Crore as interim compensation for causing environment damage and spreading muck beyond the leased area.

The bench headed by NGT Chairperson, Justice Adarsh Kumar Goel, which granted one month time for depositing the amount, was of the view that the project proponent failed to take preventive measures to avoid spillage from the pit area towards the valley.

"Muck was spread into the environment beyond the allotted area. Overflow material was not properly stacked which resulted in further damage," the bench observed.

The bench had constituted a joint committee comprising of the CPCB; Indian School of Mines, Bihar; Indian Bureau of Mines; Ministry of Mines, Government of India and SEIAA, Uttarakhand to carry out remediation as well as to assess compensation in the matter.

Perusing the report submitted by the joint committee which found that adequate measures were not taken by the proponent to avoid the spillages from the active mine pit area towards the slope or valley, the Tribunal ordered thus:

"…on the principle laid down by the Hon 'ble Supreme Court, the compensation liable to the paid may be not less than Rs. 14 crore. By way of interim compensation, we direct the Project Proponent to deposit a sum of Rs. 2 crore within one month, which will be condition precedent for allowing resumption of mining, apart from other compliances as already directed."

The Tribunal added that the said amount will be in addition to the compensation already assessed for loss to the agriculture.

"Considering that the Himalayan region is sensitive and fragile, State Government may review mining operations in the State. If the cost of restoration exceeds the amount of tentative compensation, the project proponent will be liable to pay the same in due course," it added.

The Tribunal also directed that the Mining activities may not be permitted till the entire area is restored and victims are compensated.

Advocate Gaurav Singh appeared on behalf of the applicant in the matter, while Advocate Mukesh Kumar appeared for CPCB and Advocate Sandeep Mishra appeared for M/s N.B Minerals Corporation.

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