No rat-hole mines operating in Wokha District, affirms DC Wokha to NGT

July 10, 2024 13 Views No Comment

Investigation completed but chargesheet yet to be filed; Tribunal to hear case today

Morung Express News
Dimapur | July 10

There are no rat-hole mines currently operating in the Wokha district, thanks to constant monitoring. However, the charge sheet or final report of the January 25, 2024, mining incident has yet to be filed by the investigating agency.

This information was part of an affidavit submitted by the Deputy Commissioner of Wokha to the National Green Tribunal (NGT), Eastern Zone, in response to a notice issued by the Tribunal, which is currently hearing a case related to the incident.

The incident at Ruchan village on January 25, under Bhandari sub-division, claimed four lives and injured four others. The incident is believed to have been caused by a fire inside the mine, stated the affidavit dated July 1, 2024, and posted on the NGT’s website on July 3.

Right after the incident, the District Administration, along with police personnel and medical staff, visited the place of occurrence. A suo motu case was also registered at Bhandari Police Station under various sections of the Indian Penal Code (IPC) for thorough investigation, it noted.

However, the affidavit by the DC stated that “the charge sheet/final report of the same is yet to be filed by the investigating agency.” A status report by the Superintendent of Police, Wokha, annexed with the affidavit dated May 23, 2024, informed that two persons were arrested in connection with the incident on January 28, and the case investigation has been completed. Framing of the charge sheet is under process and will be submitted shortly, it added.

Meanwhile, the DC of Wokha also informed that ex-gratia payments to the next of kin of the deceased and the persons who sustained injuries in the incident at Ruchan village have been completed.

The affidavit further noted that all illegal mines and mining activities across the state of Nagaland have been banned, including in Wokha. This was reiterated in notifications on January 30 and February 1 by concerned authorities, and since then, regular inspections have been carried out, including a joint verification on May 31. As of date, there are no rat-hole mines operating in the district, it maintained.

A total of 15 unlicensed mines under Wokha district were also closed by the Directorate of Geology and Mining Nagaland, another annexure in the affidavit informed.

The Director of Mines Safety, Eastern Zone also submitted before the NGT that the mine in question may be considered as an illegal mine in the eye of Mines Act, 1952 and activities of illegal rat-hole mining is an administrative and law and order issue to be looked after by State Government authorities and does not come within the purview of DGMS.

The Nagaland Pollution Control Board (NPCB), which is another respondent in the case, submitted before the NGT that the Board has no role in the granting of mining leases in the State of Nagaland.

As a statutory body constituted under the water (Prevention and Control of Pollution) Act, 1981, it exercises regulation through consent mechanism, it noted.

However, in the present case, the NPCB stated that there was no application for seeking consent to establish or consent to operate filed before the Board by the owner of the land who allegedly was carrying out mining operation.

The Board, however, has issued closure notice to the owners of the Ruchan mines under section 5 of the Environment (Protection) Act, 1986 on May 27, it added.

The Eastern Zone of NGT is currently hearing the Wokha mining incident after a suo-motu case was taken up by the Principal Bench, NGT, New Delhi, on February 29, 2024, in response to a news item on the issue. Thereafter, it was transferred to the Eastern Zone Bench, Kolkata.

During the last hearing on April 30, 2024, the Bench listed the matter for further hearing on July 10 while directing the District Magistrate, Wokha (DC) to be present in virtual mode with the counter-affidavit.