The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the protest over land acquisition of West Bengal government’s ambitious 35,000 crore Deocha Pachami coal block mining project at Mohammad Bazar in Birbhum district (West Bengal).
The Petition is registered suo-moto on the basis of the news item dated 12.05.2024.
As per the article, the project has been facing protest over land acquisition.
The article states that the government is planning to start mining at the Deocha Pachami coal block, considered to be the largest coal block in the country with reserves of around 1,198 million tonnes of coal and 1,400 million cubic metres of basalt, spread over an area of 12.31 sq. km, which is around 3,400 acres. There are around 12 villages in the project area with a population of over 21,000, comprising Scheduled Castes and Scheduled Tribes.
The article highlights that the village Kendrapara is surrounded by scores of stone quarries, which seem to be grinding stones in stone chips round the clock. The entire village is surrounded by a thick layer of dust.
The news item states that the doctors and supporting medical staff at the Bharkata Primary Health and Wellness Centre in the area want the health facility being shifted due to the constant pollution from the stone quarries. The doctors at the medical facility state that 250 stone crushers and 150 stone quarries in the area are working around the clock and in the past few months three cases of silicosis have been detected. The doctors feel that there are many more hidden cases of Silicosis in the area. Silicosis is a life threatening condition where the elasticity of the lungs are affected and the reason is mostly inhaling of micro particles during stone quarrying and stone crushing.
The above news item indicated Bench violation of the provisions of 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. West Bengal Pollution Control Board, Through its Member Secretary.
iii. Ministry of Environment and Forest.
iv. District Magistrate, Birbhum .
The Bench issued notice to the Respondents.
Since the matter relates to the Eastern Zonal Bench, Kolkata, therefore, the Bench transferred the matter to the Eastern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Eastern Zonal Bench and the matter is listed on 11.09.2024.