The National Green Tribunal (NGT) disposed of a Suo Moto matter registered on the basis of a Newspaper report dated 13.10.2023 highlighting the three illegal miners died and 10 were reported missing after an unguarded open-cast mine, which they had entered, caved in at Raniganj’s Egra (West Bengal) .
The District Magistrate, Paschim Bardhaman (Respondent No.2), has filed affidavit dated 22.11.2023 stating that on account of natural calamity (land subsidence), three person were found to have died whereupon vide order dated 13.10.2023 and another order also dated 13.10.2023 ex-gratia monetary compensation of Rs.2,00,000/- (Rupees Two Lakhs only) each has been extended to the next kin of the deceased persons.
The Report of the Inspector-in-Charge, Raniganj Police Station dated 08.11.2023 has been filed which mentions that there was illegal collection of coal from the mine which falls under the Eastern Coalfields Limited (ECL) and that CISF personnel were deployed round the clock surveillance to prevent illegal trespass of outsiders. The incident occurred due to a ‘cave-in’ of the land.
Another affidavit dated 28.12.2023 has been filed by the Respondent No.2, bringing on record the Government of West Bengal, Department of Disaster Management and Civil Defence Notification dated 02.07.2021 which provides that the District Magistrate/District authority/Municipal Commissioner in case of KMC area, will sanction and administer ex-gratia @ Rs.2.00 lakh (Rupees Two Lakhs only) in each death case to the next-of-kin of the deceased who died due to natural calamity like Flood, Cyclone, Earthquake, Tornado, Hailstorm, Lightning etc. and anything direct or indirect effect of natural calamity like House/wall Collapse, Fall of Tree, Electrocution, Drowning in Flood water/river water etc.
The Respondent No.1, Eastern Coalfields Limited, has filed affidavit dated 02.01.2024 stating therein that immediately upon happening of the incident on 11.10.2023 leading to alleged death of three people and ten missing persons, it was the Eastern Coalfields Limited authority who lodged a complaint with the local police station upon which an FIR was lodged on 17.10.2023. It is denied that any illegal mining was being carried on in the area. It is also stated that on 17.10.2023 the ECL authorities lodged a written complaint with the Raniganj Police Station that a large number of miscreants from the local villages had entered into the high wall mining area with an intention of illegal mining.
Be that as it may, from the affidavit of the District Magistrate, Purba Bardhaman, the Eastern Bench of Justice B.Amit.Sthalekar and Dr. Arun Kumar Verma find that the incident in question occurred due to land subsidence (cave-in) natural calamity. The report of the Inspector-in-Charge, Raniganj Police Station, also mentions that the ECL, Respondent No.6, has lodged a written complaint on 17.10.2023 to that effect that a crowd of unknown persons had entered the high wall mining area for reasons best known to them and thereafter there was unrest in the mine area and it was reported that three miscreants had died.
The facts as they stand are also confirmed by the affidavit of the Commissioner of Police, Asansol-Durgapur, Respondent No.4, in his affidavit dated 23.11.2023.