The principal bench of the National Green Tribunal has ordered the district magistrate of Darjeeling to pay an additional compensation of Rs 18 lakh each to the families of three boys who were buried alive during illegal sand mining near Siliguri last month.
The bench also ordered the payment of additional ex-gratia to a boy who suffered injuries in the incident.
On March 6, four teenagers of Tripalijote in Matigara block of Siliguri subdivision were illegally loading sand onto a truck from the Balason river bed. A large chunk of earth from the river bank fell on them and three of them — Monu Kumar, 20, Samal Sahani, 15, and Rohit Sahani, 15 — were buried alive.
Akash Sahani, the fourth boy, escaped with injuries.
The principal bench of the NGT in New Delhi took suo motu cognizance of the case on the basis of media reports. The bench observed that the boys were engaged in illegal sand mining with a promise that they would be paid Rs 350 each.
The bench issued notices to the West Bengal Pollution Control Board, the district magistrate and police.
The district magistrate filed a statement before the bench, mentioning the steps taken by the administration and the police to prevent illegal sand mining and the compensation paid to the families of the deceased and the injured.
The state had provided Rs 2 lakh each to the families of the deceased and Rs 25,000 to the injured boy.
The principal bench of the NGT observed that the mining activity was illegal and children were illegally engaged.
“There was a failure on the part of the state to enforce applicable regulatory regime for the hazardous activity in question. The state cannot avoid responsibility for compensating the victims in view of negligence of its authorities in enforcing the rights of the victims by using its regulatory authority in controlling illegal hazardous activities,” it said.
The bench ordered the additional compensation, which needed to be paid within a month from the date of the order.
“The District Magistrate, Siliguri/Darjeeling to ensure payment of compensation at the rate of 20 lakh rupees each to the heirs of the deceased and five lakh rupees to the injured, after deducting the amount already paid. The payment may be made within one month and make the violators accountable under environmental law be taken simultaneously at the earliest,” said the order issued on March 28.