Order of the National Green Tribunal in the matter of Ajay Shivajirao Bhosale & Others Vs MoEF & Others dated 19/07/2022.

Gogate Minerals was granted mining lease rights by the Maharashtra Government, November 6, 1971 for 20 years at village Tiroda, taluka Swantwadi, district Sindhudurg (then Ratnagiri) at survey nos. 22, 20, 27, 33, 38, 39, totaling  34.81 hectare. The lease was renewed, April 4, 2000 for further 10 years.

The MoEF&CC granted EC, December 30, 2008 for mining activities as per EIA Notification, 2006. The EC provided that out of 34.481 ha., mining would be carried out only in 12.16 ha.

However, contrary to the specified area of the dump site within the leased area and in violation of EC condition, the project proponent dumped overburden outside the leased area.

The NGT, Western Bench, Pune directed Gogate Minerals to pay compensation of Rs. 5 crores on 'polluter pays' principle within three months.  Restoration plan may be prepared by a joint Committee of CPCB, State PCB and District Magistrate, Sindhudurg   within three months of the amount being deposited/recovered and may be executed by the District Magistrate, Sindhudurg in the manner laid down by the joint Committee, the order said.