The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the death of 3 labourers due to asphyxiation inside an illegal coal mine in Sundranagar district of Gujarat.
The Petition is registered suo-moto on the basis of the news item dated 15.07.2024.
As per the article, this is the fourth such incident reported in a year in which a total of 10 people had lost their lives while digging for low-grade coal in illegal mines found in several parts of the district. The coal is used to fuel factories in the State and elsewhere.
The news item states that workers who died after inhaling toxic gas in the mine were not provided the essential safety gear.
The article further highlights that there have been frequent incidents of deaths in Surendranagar district where illegal mining of coal is rampant.
It states that the proliferation of unregulated coal mines has become a death trap for impoverished workers who get paid ₹500-₹700 a day to work in pits that are 80 to 100 feet deep to extract coal using gelatin sticks for blasting, which is completely illegal. The workers are not given helmets, gloves, or any kind of protective clothing.
The article also claims that in the past six months, around 20 labourers have died in the illegal mines in this area and yet there has been hardly any prompt action taken by the authorities to stop this activity.
The above matter indicated Bench violation of the Public Liability Insurance Act, 1991 and the Environment Protection Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Central Pollution Control Board, Through its Member Secretary.
ii. Gujarat State Pollution Control Board, Through its Member Secretary.
iii. Minsitry of Environment, Forest and Climate Change.
iv. District Magistrate, Sundranagar .
The Bench issued notice to the Respondents.
Since the matter relates to the Western Zonal Bench, Pune , therefore, the Bench transferred the matter to the Western Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Western Zonal Bench and the matter is listed on 17.09.2024.