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        2022 (11) TMI 1522 - Tri - Indian Laws

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        Polluter pays principle applied to mining violations, with environmental compensation and restoration ordered after multiple breaches were found. Environmental violations in mining operations, when established and not meaningfully rebutted, justify compensation and restorative directions under the ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Polluter pays principle applied to mining violations, with environmental compensation and restoration ordered after multiple breaches were found.

                            Environmental violations in mining operations, when established and not meaningfully rebutted, justify compensation and restorative directions under the polluter pays principle. The Monitoring Committee's findings were accepted, including diversion of river flow, in-stream mining, excessive depth excavation, missing boundary pillars, absence of CCTV and GPS monitoring, failure to implement progressive mine closure and replenishment measures, inadequate green belt and river buffer maintenance, and unlawful screening plant operations. Based on these breaches, the mining lease holders were made liable for environmental compensation and directed to undertake restoration of the degraded area, including measures to restore the river's natural flow. Further mining was restrained in view of the recorded violations.




                            Issues: Whether the mining operations at the three sites involved violations of environmental norms and lease conditions warranting environmental compensation and further restraints on mining activity.

                            Analysis: The report of the Monitoring Committee was accepted as there was no meaningful rebuttal to the recorded violations. The findings established multiple breaches, including diversion of river flow, in-stream mining, mining beyond permissible depth, absence of boundary pillars, absence of CCTV surveillance, failure to implement progressive mine closure and replenishment measures, non-maintenance of the prescribed green belt and river buffer, lack of GPS-enabled transport monitoring, and operation of screening plants in violation of conditions. The Court applied the polluter pays principle to hold the miners accountable for environmental damage and to secure restoration of the degraded area, including natural flow of the river and other restitution measures.

                            Conclusion: The mining lease holders were held liable for serious environmental violations and were directed to pay environmental compensation, with further mining not to be permitted in view of the established breaches.

                            Final Conclusion: The application succeeded in securing enforcement action, environmental compensation, and restorative measures against the errant mining operators.

                            Ratio Decidendi: Where environmental violations in mining operations are established and not meaningfully controverted, the polluter pays principle justifies imposition of environmental compensation and restorative directions to remedy ecological damage and prevent further harm.


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