The Chief Justice of India (CJI) stated that the order did not address the mining company’s arguments, which needed to be considered by the NGT. Senior advocate Shyam Divan, representing the mining firm, argued that the NGT had not addressed the company’s contentions and based its findings on an incorrect committee report.
NEW DELHI: The Supreme Court on Thursday (6th Dec) set aside an NGT ruling that imposed a Rs 3 crore fine on M/s Govardhan Mines and Minerals as compensation for environmental damage caused by illegal stone mining in the Dadam Hills of Tosham, Bhiwani, Haryana.
The Chief Justice of India (CJI) stated that the order did not address the mining company’s arguments, which needed to be considered by the NGT. Senior advocate Shyam Divan, representing the mining firm, argued that the NGT had not addressed the company’s contentions and based its findings on an incorrect committee report.
However, the CJI disagreed with Divan’s argument regarding “res judicata,” the legal principle preventing the re-examination of a case once decided. Divan contended that the issue of illegal mining had already been addressed by the NGT, and it should not have been revisited in a subsequent case.
On August 26, 2022, the NGT had penalized the mining company for illegal and unscientific mining, directing environmental restoration and strict compliance with safety standards. The order followed investigations that revealed violations such as mining beyond approved boundaries and failure to comply with mining plans.
A fact-finding committee, led by Justice Pritam Pal, a former judge of the Punjab and Haryana High Court, found that illegal mining extended into forest areas and deeper than permitted. The committee also cited violations of environmental clearance and mining plan conditions, including the failure to maintain a 7.5-metre green belt and safety zones within the leased area.
The committee imposed a fine of 10% of the value of the illegally mined material, reducing the earlier penalty recommendation from Rs 7.5 crore. The NGT also directed the Haryana government to evaluate the cost of restoring the damaged Aravalli plantation and recover the amount from the mining company.
