NGT Levies Fine on Haryana Govt Over Inaction on Illegal Mining

The National Green Tribunal (NGT) has imposed a fine of Rs 10,000 on Haryana for its failure to submit a report on illegal mining in Rithoj village, Gurugram district, as directed earlier.

The tribunal was hearing a petition asserting that unscientific illegal mining in the village has led to the depletion of the water table, reduction in green cover, and damage to water bodies.

NGT Chairperson Justice Prakash Shrivastava, along with Judicial Members Justice Sudhir Agarwal and Justice Arun Kumar Tyagi, and Expert Member A Senthil Vel, observed that despite a previously constituted panel acknowledging the adverse effects of illegal mining, no action was taken by the concerned authorities. The tribunal had previously warned the panel about potential “stern action” for submitting a “casual report” in its order dated January 5.

Subsequent to reviewing another report in the following month, the tribunal noted that the administration took no action despite the ongoing illegal mining. In its order dated February 8, the tribunal expressed that this conduct demonstrated the administration’s paralysis on the matter, breaching the “public trust doctrine.”

The Tribunal had directed the Haryana chief secretary to personally address the issue, take remedial measures, and file an action taken report within a month. The matter was scheduled for August 22, and upon considering the report, the tribunal found that the steps taken to control illegal mining were not disclosed in quantified terms. The tribunal once again sought a report from the state authorities within three months.

In its recent order, the green panel stated, “Even after the expiry of three months, no report has been filed.” The tribunal highlighted that the state authorities, as indicated by a letter from the environmental engineer, Haryana State Pollution Control Board, were seeking an adjournment, citing the need for additional time to gather information. Another letter from the state’s environment department also sought an adjournment.

The tribunal remarked, “The above series of orders passed by the tribunal clearly reflect that the state authorities are not taking the orders of the tribunal seriously and are not complying with the same.” It added, “We grant a further three weeks as prayed by counsel for the state to file the report, subject to a deposit of cost of Rs 10,000, which is to be deposited by the state in the ring-fenced account within one week.”

The matter has been scheduled for further proceedings on February 9, 2024.