In August, The Indian Express had reported the NGT appointed eight-member committee's findings in which the committee headed by retired Justice Pritam Pal had said that “Mining was being done illegally and beyond the permissible limits at several points at the Dadam zone in Haryana’s Bhiwani and there were many, many lapses on part of the mining lease holder”. (File)The Principal Bench of National Green Tribunal (NGT) comprising retired Justice Adarsh Kumar Goel, Sudhir Agarwal and Prof. A. Senthil Vel, yesterday, has maintained that the project proponents (PP) of the Dadam mines in Tosham, district Bhiwani would have to pay the fine amounting to approximately Rs. 66 crores for various violations that have been upheld by the NGT.
The current PP Goverdhan Mines and Minerals and his predecessor M/s Sunder Marketing Associates, both have been held liable for violation of requisite norms while conducting mining operations at the Dadam mining site.
In it’s order dated October 18, the NGT ruled – “This application has been filed by the project proponent (PP) for review of order of this Tribunal dated 26.08.2022 in OA No. 169/2020, Kuldeep Singh vs. State of Haryana & Ors. By the said order, the Tribunal dealt with the grievance against violation of environmental norms in the operation of ‘Dadam’ mine at Dadam Hills, Tosham, District Bhiwani and after considering the facts emerging from the report of the joint Committee and objections of the PP thereto, the Tribunal found that violations stood established with regard to mining in violation of Mining Plan and not providing requisite green belt which resulted in damage to air, water and land. Accordingly, the Tribunal held the PP accountable on ‘Polluter Pays’ principle on parameters laid down by the Hon’ble Supreme Court inter-alia in Goa Foundation v. Union of India & Ors., (2014) 6 SCC 590, pr 78, Common Cause v. U.O.I. & Ors. (2017) 9 SCC 499, prs 128- 129 and Vellore Citizens’ Welfare Forum v. Union of India (1996) 5 SCC 647, prs 16 to 18. 2. In the review application now filed by the PP, attempt is to seek rehearing which is not permissible. The application is accordingly dismissed”.
In August, The Indian Express had reported the NGT appointed eight-member committee’s findings in which the committee headed by retired Justice Pritam Pal had said that “Mining was being done illegally and beyond the permissible limits at several points at the Dadam zone in Haryana’s Bhiwani and there were many, many lapses on part of the mining lease holder”.
The current PP Goverdhan Mines and Minerals, had, however refuted the committee’s findings terming them as “political conspiracy”. The NGT, as part of an ongoing litigation, had constituted the committee led by Justice (retd) Pritam Pal, of Punjab and Haryana High Court, to verify the facts with regard to illegal and unscientific mining in forest and mining area allegedly by M/s Govardhan Mines and Minerals. Earlier, the NGT had slapped a fine of Rs 7.5 crore on M/s Goverdhan Mines and Minerals.
Out of the total Rs 66 crore fine, 10 per cent will have to be deposited in the Pollution Control Board and it shall be used to compensate for the damage caused to the environment.
“As per the report of the mining department, mining upto depth of 300 feet was observed in mining area along boundary pillar No. 13 to 19 for which the department had issued show cause notice to M/s Govardhan Mines and Minerals on August 5, 2020. Further, now based on the study conducted by HARSAC, Hisar, mining upto depth of 110 m with overburden and 93 m without overburden has been observed (November 2021 to February 2022) at surveyed points,” the probe report — a copy with The Indian Express — read.
It adds, “The data indicates that the net mineable depth, after removal of overburden of 17 m from average dept value, has been mentioned as 80 m, whereas, the derived elevation data during year 2021-22 mentioning the net mineable depth, after removal of overburden of 17 m, has been mentioned as 93 m, whereas, as per the report submitted by Department of Mining, the depth of mining pit has been mentioned as 109 m. Therefore, it is concluded that illegal mining has been done by the mining lease holder i.e. M/s Govardhan Mines and Minerals, which is 02 m (80 m – 78 m) as an average value and 15 m (93 m – 78 m) at one point. It is further mentioned here that going beyond the permissible depth of 78 m even at one point, is unscientific and illegal mining, even if, the average depth of mining done is on the lower side. Further, as per the EIA report submitted by M/s Govardhan Mines and Minerals, ultimate pit limit has been drawn up to 150 mRL (metres relative level) and the maximum depth of the mining pit has been mentioned as 78 m”.
“The above facts indicate that mining, excluding the overburden, has been done by M/s Govardhan Mines and Minerals at an average depth of 80 m and depth of 93 m at one point against the permissible depth of 78 m. As such, the illegal mining even at single point upto depth of 93 m (without overburden) against the permissible depth of 78 m has been done by M/s Govardhan Mines and Minerals,” the report concludes.
Haryana Pradesh Congress Committee’s former president Kumari Selja said, “With NGT imposing fine on the contractors of Dadam, it had become clear that nothing was according to rules in Dadam. Illegal mining was done in Dadam and the mining mafia heavily damaged the environment. All this continued due to the mutual connivance of the mining mafia and the state government. State government should award strict punishment to the culprits of those who lost their lives due to the fall of the mountain. State government had not taken any action even after the death of five persons at a time due to the collapse of the mountain in Dadam.”