Disposed

News Item Titled Threat to Tea Garden from Mining Gang Appearing in the Telegraph Dated 12 06 2024 v. Central Pollution Control Board

NGT3 Jul 2025Original Application No. 167/2024

Case brief

AI extract

What is this about?

In a suo motu order based on a news report, the National Green Tribunal addressed illegal mining threatening a tea estate and river health, directed authorities to inspect, and ordered the recovery of environmental compensation from violators.

What did the court decide?

Direct to W.B. PCB to compute and recover environmental compensation from violators within two months and file an Action Taken Report.

News Item Titled Threat to Tea Garden from Mining Gang… — Mining and Natural Resources | NGT (2025)

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Item No.06

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.167/2024/EZ

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(Earlier O.A. No.918/2024/PB)

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In the matter of:

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News Item titled “Threat to tea garden from mining gang” appearing in The Telegraph dated 12.06.2024

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Applicant(s)

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Versus

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1. Central Pollution Control Board,

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Through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi-110032;

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2. West Bengal Pollution Control Board,

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Through its Member Secretary, Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhannagar, Kolkata-700106;

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3. Ministry of Environment, Forests & Climate Change, Through integrated Regional Office, Kolkata, IB-198, Sector-III, Salt Lake City, Kolkata-700106;

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4. District Magistrate, Darjeeling, Office of the District Magistrate, Kutchery Building, Lebong Cart Road, Darjeeling, West Bengal, Pin-734101

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Date of hearing: 03.07.2025 Date of uploading: 08.07.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Suo Motu

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For Respondent(s) : Mr. Surendra Kumar, Advocate for R-1,

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Mr. Dipanjan Ghosh, Advocate for R-2,

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Mr. Apurba Ghosh, Advocate for R-3 (in Virtual Mode), Mr. Sibojyoti Chakraborty, Adv. for R-4 (in Virtual Mode)

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ORDER

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The Original Application No.918/2024/PB was registered suo motu by the New Delhi Bench of the Tribunal on the basis of a news item

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titled “Threat to tea garden from mining gang” appearing in The Telegraph dated 12.06.2024.

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The news item mentions that there is illegal extraction of minor minerals like - sand and stone from Balson river and Rakti River near Siliguri in West Bengal. It is stated that those who engaged in extracting miner minerals are using the Putinbarie Tea Estate forcibly and are taking away mounds of earth from vacant stretches on the plantation.

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The news article also alleges that this is affecting the garden’s roads. It is stated that the workers at the tea estate have claimed that when they tried to restrain the illegal mining, the mafia resorted to threats and intimidation.

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The article further highlights that because of unscientific digging of vacant land which is close to the river bank, water from the river is flooding the tea plantations and eventually affecting the production of tea.

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It is also alleged in the article that the garden is already under distress because of low yield and some other issues and now if such activities continue in the garden, it would threaten the sustenance of the Putinbarie Tea Estate.

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Thereafter, the said Original Application was transferred by the New Delhi Bench of the Tribunal vide its order dated 25.07.2024 to the Eastern Bench of the Tribunal at Kolkata and the case has now been re-numbered as Original Application No.167/2024/EZ.

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The Respondent No.1, Central Pollution Control Board, has filed affidavit dated 24.09.2024 stating that any mining activities which are in violation of the provision of the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Forest

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(Conservation) Act, 1980 and the Wildlife (Protection) Act, 1972, shall be considered as illegal mining and the concerned authority shall take action under the provisions of Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDR Act, 1957’ for short) and State Pollution Control Board shall also take action for violation of environmental norms.

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The Respondent No.3, Ministry of Environment, Forests and Climate Change, has filed affidavit dated 28.11.2024 stating that the Ministry vide Notification No. S.O. (E) dated 28.02.2014 has delegated the power to the SEIAA to issue show cause notice to Project Proponents in case of violation of Environmental Clearances are found.

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The Respondent No.4, District Magistrate & Collector, Darjeeling, has filed affidavit dated 05.11.2024 bringing on record an Inspection Report of an inspection carried out on 20.10.2024. The Inspection Report reads as under:-

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“Inspection Report w.r.t. the NGT case in O.A. No. 167/2024/EZ (Threat to tea garden from mining gang vs Central Pollution Control Board):

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The Original Application No. 918/2024/PB was registered as suo moto by the New Delhi Bench of the Tribunal on the basis of a news item titled “Threat to tea garden from mining gang” appearing in The Telegraph dated 12.06.2024. Thereafter, the said Original Application was transferred by the New Delhi Bench of the Tribunal vide its order dated 25.07.2024 to the Eastern Bench of the Tribunal at Kolkata and the case has now been re-numbered as Original Application No.167/2024/EZ.

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In the article it is stated that there is an ongoing illegal extraction of minor minerals like sand and stone from the Balason river and Rakti river near Siliguri, West Bengal. It is also stated that those who are engaged in extracting minor minerals are using the Putinbarie Tea Estate and are taking

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away mounds of earth from the vacant stretches on the plantation. These activities are affecting the garden’s road. Illegal mining activities were not only damaging the Putinbarie tea estate’s roads but also affecting tea production due to flooding from the rivers. Workers at the Thu Estate claimed that they faced threats and intimidation from the mining mafia when they tried to restrict the activities.

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The article further highlights that because of unscientific digging of vacant land which is close to the riverbank: water from the river is flooding the tea plantations and eventually affecting the production of tea. It is also alleged in the article that the garden is already under distress because of low yield and some other issues and now if such activities continue in the garden, it would pose a question over the sustenance of Putinbarie Tea Estate.

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The Hon’ble NGT, New Delhi Bench has taken the cognizance of the allegations made and served notices to the concerned departments including West Bengal Pollution Control Board (WBPCB) to file their counter affidavits. The Hon’ble NGT, Eastern Zone Bench, vide its order dated 24.09.2024 constituted a Committee comprising of the following members:

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i) Central Pollution Control Board

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ii) State Pollution Control Board

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iii) District Magistrate, Darjeeling, or his representative not

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below the rank of Additional District Magistrate

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The committee shall carry out inspection of the various sites in reference to the allegation made and submit its report within four weeks. The Committee is also directed that in case illegal mining of sand and stone is being carried out, it shall identify the violator’s so that the same can he impleaded in the present proceedings and be given an opportunity of being heard. The said report shall be submitted before Eastern Zone Bench, Kolkata of the Hon’ble NGT.

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The District Magistrate, Darjeeling shall be the nodal agency of coordination and compliance of this order.

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Accordingly, an inspection tins been carried out on 20/10/2024 at the alleged locutions by the Committee comprising of the following members: - i) Abhijit Pathak, Scientist — D, Central Pollution Control Board

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ii) Biswajit Pan, Asst. Environmental Engineer, Siliguri Regional Office, WBPCB iii) Dr. Sirshendu Saha, OC, Environment, Darjeeling, as representative of Additional District Magistrate

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The findings of the inspecting team arc listed below:-

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Putinbarie Tea Estate is surrounded by two rivers namely Balason and Rakti. The field inspection team met the manager of the Putinbarie Tea Estate, which is presumably the worst affected area due to alleged illegal sand and stone mining. He has informed that previously mounds of earth & sand were extracted forcibly from the vacant stretches of the leasehold land of the Putinbarie Tea Estate bordering the river Rakti. Not only this, minerals were being transported through the Tea Garden inner roads causing severe damage to the garden roads. At present after police action, transportation of minerals through the garden roads has been stopped. But the uncontrolled digging of soil at the land of tea garden at the river side is continued to facilitate extraction and transportation of material to temporary storage area in nearby villages.

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The Committee has inspected the alleged affected areas of the Putinbarie Tea Garden at both east side (river Rakti) & west side (river Balason). It is observed that rampant illegal mining is being carried out at riverbed of river Rakti for extraction of riverbed materials like sand, stone & gravel using excavators & tractors. The mining activities are not restricted to the riverbed only; it stretches towards floodplains & adjacent Tea Graden land. The illegal mining activities are being carried out violating sustainable mining practices without any techno-scientific protocol. Due to these unscientific mining at Rakti River &

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digging of lands of the Putinbarie Tea Estate, a portion of tea garden land has already been eroded, river stream has been shifted & encroached into Tea Garden land, and the boundary edge of Tea Garden becomes shortened & ecologically fragile. At anytime landslide due to soil erosion may take place and the flood plan of river may engulf tea garden.

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Similar unscientific mining practices have been observed at river Balason adjacent to the boundary of Putinbarie Tea garden and at both downstream and upstream side extended to a stretch.in kilometers. The extracted river bed minerals arc stocked in the nearby villages. It seems such mining activities have become the source of livelihood of the residents of the villages.

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Threat to the Environment

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River Balasun rises from the Jorebunglow, below Tiger hill, Sukhia, about 18 Km from Darjeeling town and flows towards the south east into the plains of North Bengal, where it joins the Mahananda River. Rakti khola is a minor tributary having hilly origin. Both these rivers carry good quality gravels and stones having high demand for construction work. The high gradient causes abrasion and help in carrying stones, pebbles and gravels to the lower plain.

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Due to these unsustainable mining practices sewn environmental damage may be caused. In-stream and floodplain extinction of sediments may Increase the possibility of physical alterations to the channel and floodplain. It may destabilize the riverbed morphology, it may lower the ground water table, erode the riverbanks laterally & thus increase flooding tendency duo to bed lowering.

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The prolonged bed material extinction from the lower Balason River and Rakti khola have caused bed erosion. This erosion is migrnting annually with variations in the channel gradient both upstream and downstream of the

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extraction sites. The river has been adjusting with changes in its morphology and with maximum coarse materials (gravel and boulders) being extracted from the river bed. The balance between sediment transport and the supply capacity of the river is being largely altered. Human settlements near the banks and adjacent flood plains were established for easy access to the riverbed. Roads were also constructed near banks for transporting extracted bed materials. Both of these factors have reduced the vegetation, triggering the exposed banks to retreat further. The narrow channel width has caused flow retention. Such destruction is one of the effects of the river's adjustment under changing fluvial characteristics.

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It appears that the illegal mining activities are not only restricted to Putinbarie tea estate the river bed has already suffered Irons impact of uncontrolled digging, diversion of stream, expansion of flood plain and steep embankment including erosion of vegetative land. Even in the village side the danger of landslides are looming. Any incident of rainfall above average within a short spell may cause huge environmental as well as financial damage including land erosion, flood, and loss of vegetative land.

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Recommendation:

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Mining activities need to be stopped.”

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A further affidavit dated 18.05.2025 has been filed on behalf of the Respondent No.4, District Magistrate & Collector, Darjeeling, bringing on record the names of the violators.

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We have heard the learned Counsel for the parties and perused the documents on record.

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A perusal of the Inspection Report shows that the Putinbarie Tea Estate is a worst affected area due to illegal sand and stone mining; the manager of the Putinbarie Tea Estate informed that previously mounds of earth and sand were extracted forcibly from the vacant

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stretches of the leasehold land in Putinbarie Tea Estate bordering the River Rakti and minerals were being transported through the inner roads of the Tea Garden causing damage to the garden roads. The Committee noted that at present after police action, transportation of the minerals to the garden roads has been stopped but uncontrolled digging of soil at the land of the Tea Garden at the side of the river is continuing to facilitate extraction and transportation of material to temporary storage areas in nearby villages.

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The Committee has further recorded a finding that rampant illegal mining is being carried out on the riverbed of River Rakti for extraction of riverbed materials like sand, stone & gravel using excavators and tractors; mining activities are not restricted to the riverbed only but also stretches towards the floodplains adjacent to the Tea Garden land.

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The Committee has observed that on the River Rakti due to digging of lands of the Putinbarie Tea Estate, a portion of the Tea Garden has already been eroded and the river stream has shifted and encroached into the Tea Garden land, and the boundary edge of Tea Garden has become shortened and ecologically fragile and landslide may happen at any time due to soil erosion and the floodplain of the river may engulf the Tea Garden; similar unscientific mining practices have also been observed at River Balason adjacent to the boundary of the Putinbarie Tea Estate at both downstream and upstream side extending to a stretch in kilometers; the extracted riverbed minerals is stocked in the nearby villages and such illegal mining activities have become the source of livelihood of the residents of the villages.

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The Committee has also noted the treat to the Environment and observed that River Balason rises from the Jorebunglow, below Tiger Hill, Sukhia, about 18 K.M. from the Darjeeling town and flows towards the south east into the plains of North Bengal where it joins the Mahananda River; River Rakti khola is a minor tributary and both these rivers carry good quantity of gravel and stones having high demand for construction work; the high gradient causes abrasion and helps in carrying stones, pebbles and gravel to the lower plain.

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The Inspection Committee further noted that unsustainable mining practices may cause severe environmental damage instream and floodplain extraction of sediments which may increase the possibility of physical alterations to the channel and floodplain and it may destabilize the riverbed morphology; it may lower the ground water table, erode the river banks internally and thus, increase flooding tendency due to lowering of riverbed.

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The Committee observed that illegal mining activities are not only restricted to Putinbarie Tea Estate but the riverbed has already suffered from the impact of uncontrolled digging, diversion of stream, expansion of floodplain and steep embankment including erosion of vegetation on land. It was observed that even on the village side the danger of landslides are looming and any incident of above average rainfall within a short spell may cause huge environmental and financial damage including land erosion, flood, and loss of vegetation of the land.

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In the affidavit of the District Magistrate & Collector, Darjeeling, it is stated that subsequent to the visit of the members of the Inspection Committee, the District Magistrate/Collector vide his letter dated 21.10.2024 requested the Commissioner of Police,

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Siliguri Police Commissionerate and Block Land & Land Reforms Officer, Matigara with the Officer-in-Charge of the concerned Police Station to conduct a joint raid regarding stopping of illegal sand mining along Balason and Rakti River beside the Putinbarie Tea Estate. It is also stated that a joint raid was conducted by the Block Land & Land Reforms Officer, Matigara with help of police personnel on 22.10.2024. The observations of the raiding party have been stated in para-5 of the affidavit which are extracted herein below:-

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“That on 22.10.2024 a joint raid was made by the officials of Matigara block and police personnel of Matigara Police Station at the bank of river Balasun at Mouza Pataner Chhat (JL No.61) near Putinbari Tea Garden and it found that being Tuesday, no lorry was found operating in the Ghat. Moreover police have been vigilant on the scene as per the Duty Officer from office of IC Matigara. However, small stacks of river bed materials (approximately 60,000 cft were seen scattered at different places of the river banks and the police could not seize it as it was lying near the river line and scattered throughout indiscriminately. Regarding this matter, the Inspector-in-Charge (IC) Matigara has informed that round the clock surveillance is being conducted by the police personnel for tracking of unauthorized carrying of river bed material and to prevent illegal extraction.”

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It is stated that the Commissioner of Police, Siliguri Police Commissionerate, vide his letter dated 03.05.2025 informed the Additional District Magistrate (Env.), Darjeeling, regarding action taken by the Siliguri Police Commissionerate against the illegal mining and various cases have been lodged against the illegal miners. It is also stated that special police picket and naka checking has been established and naka checking is done at regular intervals; strong vigil is continuing over the river bank

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areas and adjoining areas. The Additional District Magistrate, Darjeeling also vide his letter dated 24.12.2024 has requested the Block Land & Land Reforms Officer, Matigara, to submit report about action taken against the illegal miners and remedial measures and the Block Land & Land Reforms Officer, Matigara has submitted his report, copy of which has been filed at page nos.301-302 of the paper book.

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The office of the Commissioner of Police, Siliguri Police Commissionerate has further submitted an Action Taken Report dated 03.05.2025, copy of which has been filed as Annexure R-2 of the affidavit which shows the action taken in respect of illegal mining wherein some arrests were made and where some arrests

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could not be made but chargesheets have been filed. The relevant extract of the Report dated 03.05.2025 reads as under:-

A further Action Taken Report has been issued by the office of the Commissioner of Police, Siliguri Police Commissionerate, vide his letter dated 08.01.2025, copy of which has been filed along with affidavit of the District Magistrate & Collector, Darjeeling and which reads as under:-

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The office of the Block Land & Land Reforms Officer, Matigara, has

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also issued letter dated 30.04.2025 (page nos.310-311) which mentions that raid was carried out on 04.08.2024 in coordination with Matigara Police personnel across multiple locations including Mouza Khaprul (JL 14), FulbariePatan Chat Barie (JL 19), Gourie

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(JL 60), and Patan Chat (JL 61). The letter further shows that an unauthorized quantity of 1,25,000 cubic feet of riverbed material was seized and handed over to the Matigara Police Station for safe custody. It is also mentioned that a fine of Rs.6,00,000/- (Rupees Six lakhs only) was imposed and also realized from the parties involved in the unauthorized mining activity. The letter further mentions that raid schedule was prepared under the instructions of the Block Land and Land Reform Officer, Matigara and daily raid programs have been conducted across the Matigara block since November, 2024 to curb the illegal mining activity if found during the raid and daily enforcement activities are going on with the Matigara Police and Block Land and Land Reform Officer, Matigara, staff to ensure compliance with environmental norms.

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No doubt some arrests have been made, chargesheets have been filed and penalty of Rs.6,00,000/- (Rupees Six lakhs only) has been recovered from the violators, however, the question remains that Environmental Compensation has to be recovered from the violators so identified for environmental violations. We, therefore, direct the West Bengal Pollution Control Board to proceed to compute and recover Environmental Compensation from the violators strictly as per law giving them an opportunity of being heard. Let this action towards recovery of Environmental Compensation be complied within two months, i.e., by 15.09.2025 and Action Taken Report be filed by the West Bengal Pollution Control Board by 30.09.2025.

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With the aforesaid directions, the Original Application No.167/2024/EZ is accordingly disposed of.

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I.As. if any, stand disposed of.

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There shall be no order as to costs. ..................................... B. Amit Sthalekar, JM ….......................................... Dr. Arun Kumar Verma, EM July 03, 2025, Original Application No.167/2024/EZ (Earlier O.A. No.918/2024/PB) MN

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News Item Titled Threat to Tea Garden from Mining Gang Appearing in the Telegraph Dated 12 06 2024 v. Central Pollution Control Board

Case brief

What is this about?

What did the court decide?

News Item Titled Threat to Tea Garden from Mining Gang Appearing in the Telegraph Dated 12 06 2024 v. Central Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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