West Bengal Illegal Mining Case: NGT Directs Compensation For Deaths Of Children

The NGT has recently awarded compensation of Rs. 20 lakhs to the heirs of three deceased people, including two 15-year-old children, and Rs. 5 lakhs to the injured who were involved in illegal mining operations on the Balason river bank in Siliguri, West Bengal.

Two children and a 20-year-old man were crushed to death while illegally loading sand onto a truck in Siliguri’s Balason river bed on the promise of 350 rupees each per truck.

The NGT (National Green Tribunal) principal bench, comprised of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal (Judicial Member), and Dr Senthil Vel (Expert Member), stated that “no steps have been taken to recover compensation from the violator as per environmental law, nor compensation paid to the victims is on any reasonable basis. Even if a criminal action is filed against the violator, it is not for theft of mined substance or violation of environmental standards. As a result, the State cannot escape responsibility for compensating victims due to the negligence of its authorities in enforcing victims’ rights by using its regulatory power to control illegal hazardous activities.”

Suo motu proceedings were started in response to a media report on the death of three children during illegal mining in West Bengal on March 7, 2023.

West Bengal Pollution Control Board, Mining Officer, Siliguri Zone, West Bengal, District Magistrate, Siliguri/Darjeeling, and Inspector of Police, Siliguri Police Station were all served with notice.

In response to the notice, a statement of facts was filed as received from the District Magistrate of Darjeeling, West Bengal.

The NGT determined that the deceased, identified as 20-years-old Monu, 15-years-old Somal and Rohit, and the injured Naresh Sahani, were engaged in illegal mining operations based on the statement of facts.

The Tribunal noted that the State failed to enforce the relevant regulatory framework for this dangerous activity, that no steps were taken to collect compensation from the violator under environmental law, and that the compensation given to the victims was not reasonable.

Furthermore, the NGT stated that the death of the children in this instance is clearly the result of a violation of established norms. The state authorities did not enforce the legislation and thus did not prevent the incident. Apart from the illegal recruitment of children, mining on the riverbank is not supported by any formal authority, such as a mining lease, replenishment study, DSR, or environmental clearance. There have been no safeguards used in the procedure. As a result, the State cannot avoid responsibility for violations of environmental standards.

In light of the foregoing, the Tribunal has ordered the District Magistrate of Siliguri/Darjeeling to ensure that the deceased’s heirs receive 20 lakh rupees each, and the injured party gets 5 lakh rupees.

The Tribunal has also ordered that the payment be made within one month and that steps under Environmental Law be taken against the violator as soon as possible.