Violation of environmental laws involves offences under Money Laundering Act, ED director may look into case: NGT

New Delhi [India], August 24 : The National Green Tribunal (NGT) while hearing the matters related to environmental norms in the operation of quarrying and crushing units in Rajmahal hills, District Sahebganj, Jharkhand clearly said that "since violation of environmental laws involves offences under Prevention of Money Laundering Act and therefore Director ED may also look into the matter.
In an order passed on August 23, 2022, the bench headed by Justice Adarsh Kumar Goel directed the Jharkhand Chief secretary to constitute a committee for taking stock of the situation and prepare an action plan to *remedy* the air pollution in the area as well as restoring the degraded areas by closing polluting activities (mining and crushing) and fixing accountability for past violations in terms of the 'Polluter Pays' principle so that the compensation recovered is utilized for the restoration of the environment.
The Chief Secretary may also file a criminal case against violators, after necessary scrutiny, including against erring officers, said the order.
During the hearing, Tribunal noted that "there is huge and unchecked pollution load by the reckless and unregulated mining and stone crusher activities. There is a need for any serious and sincere authority to ascertain how such serious violation of the Air Act, 1981 and norms laid down under the EP Act, 1986 and Rules are continuing, contrary to the mandate of law and to the detriment of the environment and public health.
Tribunal further noted that there has to be a proper appraisal by the State PCB before granting consent which also does not appear to have been done. It is not clear how blowing of naturally occurring hills for mining purposes is being allowed. How mining is being allowed to the detriment of hills, which have to be protected.
Further, the carrying capacity of the area in terms of air quality has been ignored. 'Precautionary' principle of environmental law has been compromised. This calls for high-level inquiry and fixing of accountability of concerned government officers responsible for such large-scale damage to the environment, said NGT.
We also regretfully note that in a matter of such magnitude, none has cared to appear for the State of Jharkhand or its authorities particularly when appearance in virtual mode is permitted in the Tribunal and it is not difficult for the officers of the State to log in and participate in the matter, noted NGT.
In its earlier orders, the said area is rich in mineral resources. The mining companies or other entities are indulging in indiscriminate mining and operating stone crushers without due regard to the environmental norms. In this process, the hills are blown up. To remedy the problem, the Tribunal passed several orders in the last five years, including prohibiting illegal mining and non-compliant stone crushing activities vide order dated 06.07.2017, followed by an order dated 17.04.2018 but due to collusion of the authorities in the State or inaction the situation continues to remain unsatisfactory to the detriment of environment and public health.