Team Goemkarponn
Panaji:
In a significant ruling at the Bombay High Court in Porvorim, Justices M.S. Karnik and Nivedita Mehta have mandated that three mining entities—Sesa Mining Corporation, Rajaram Bandekar, and Chougule and Co.—must collectively compensate Rs. 2 crore to the District Mineral Fund (DMF) for environmental damage inflicted on agricultural lands in Sirigao village, Goa. This decision stems from a longstanding complaint lodged by local villagers concerning the deterioration of their farming fields, particularly the Savat and Kharat Khazans.
The Court’s order closes Writ Petition 1/2008, which originated from villagers’ grievances about mining operations impacting their livelihoods. Although the mining firms had initially deposited Rs. 2 crore, government assessments valued the total damage at Rs. 4 crore. The remaining Rs. 2 crore had been temporarily covered from the DMF to initiate restoration efforts, with an understanding that the companies would reimburse the amount. However, when the companies resisted paying the balance—arguing that their DMF contributions should cover such damage and that further payment was unwarranted—the Court firmly rejected these claims.
Emphasizing the “polluter pays” principle, the judges clarified that the responsibility to bear the cost of environmental harm lies with the mining companies themselves, not the taxpayers or government bodies. Mining, by its nature, is recognized as a hazardous activity that causes pollution and adversely affects neighboring communities. The Court was unequivocal in stating that companies cannot evade accountability by relying on their DMF contributions, which are designated to support affected communities rather than shield polluters from reparations.
Despite contrary reports from the National Environmental Engineering Research Institute (NEERI) and government departments substantiating the damage, the companies continued to dispute their liability, even suggesting villagers prioritized compensation over cultivation. The State of Goa settled the dispute by presenting an agreement signed by the firms accepting responsibility for damages caused by their mining operations, including those beyond lease boundaries.
