National Green Tribunal
Ramesh Agrawal vs Ministry Of Environment Forest And ... on 11 November, 2022
Item No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Appeal No. 27/2022 (CZ)
(I.A. No. 69/2022)
Ramesh Agarwal Appellant(s)
Versus
Union of India & Ors. Respondent(s)
Date of Hearing: 11.11.2022
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Appellant(s): Mr. Siddharth Singh, Adv.
For Respondent(s) : None.
ORDER
1. Challenge in this appeal the order dated 11.07.2022 whereby and where under the proposal for environmental clearance proposal no. IA/CG/CMIN/52019/2016 dated 01st August, 2020, submitted to the Ministry for grant of Environmental Clearance in terms of the provisions of the Environment Impact Assessment Notification, 2006 under the Environment (Protection) Act, 1986 for Gare Palma Sector -II Coal Mine Project of 23.60 MTPA (OC-22.0 MTPA+UG-1.6 MTPA) of M/s Maharashtra State Power Generation Company Limited in an area of 2583.48 ha. in District Raigarh, Chhattisgarh considered and it was allowed. Aggrieved by the order, the EC has been challenged on the ground that the captive coal mine for the link thermal power plant of Maharashtra was granted on wrong assumptions that it would help reducing gap in demand and production of electricity or captive coal mines are expensive or there are separate locations of coal mine and power plant. Captive Coal Mines located in District, Raigarh, Chhattisgarh, whereas the linked thermal power plants are located at Chandrapur, Koradi and Parli in Maharashtra and that the quality of coal of Gare Palma-II is of low ranked and the Govt.
1of India has taken a policy for transition to renewal energy increase by 44% upto 2030 and that no alternate sources of coal has been studied.
2. It is also contended that linked power plant are facing huge water shortage and the project is faulty and deficient on the point of meteorological data.
3. Learned counsel has further argued that the environmental clearance was granted in violation of the order passed in Original Application No. 104/2018 titled Shivpal Bhagat & Ors. Vs. Union of India & Ors.
4. We have gone through the EC impugned and found that the issue raised by the appellant has been duly considered by the Competent Authority in the EIA report and suitability with power availability has been duly considered. The details of the issue and were argued by the learned counsel for the appellant were discussed in the EC, which find place in the order impugned dated 11.07.2022, which are as follows :-
i. "Project does not fall in the Critically Polluted Area (CPA), where the MoEF & CC's vide its OM dated 13th January, 2010 has imposed moratorium on grant of environment clearance. ii. Employment generation, direct employment to 3400 persons will be provided from the project.
iii. The project is reported to be beneficial in terms of-Coal from this project will be used in power generation in Maharashtra, Which will help in reducing gap in demand and production of electricity in the State, based on the requirement of the people of the project area, the development activities will be taken up. The basic requirement of the community will be strengthened by extending health care, educational facilities, providing drinking water to the villages affected, building/strengthening of existing roads in the area etc. iv. Transportation of coal has been proposed by dumpers in mine pit head, from surface to siding by dumpers and at sidings by appropriate loading system.
v. Reclamation Plan in an area of 2476.62ha, comprising of 0 ha of external dump, 2440.55 ha of of internal dump and 36.07 ha of green belt. In addition to this, an area of 0 ha, include in the safety zone/rationalization area, has also been proposed for green belt development.
vi. Wildlife conservation plan submitted to DFO on 14.11.2019. DFO recommended the WCP to CCF on 24.01.2020. CCF recommended the WCP to PCCF on 20.02.2020 the budget of Rs 488.50 Lakh for 2 Conservation of wild life is provided during the period of 5 years (2020-21 to 2025-26).
vii. The ground water level has been reported to be varying between 4.67 to 12.34 m during pre-monsoon. Total water requirement for the project is 2785 KLD. Hydrology Study and embankment design was carried out by Min Mec Consultancy Pvt Ltd., New Delhi. Kelo river will not be diverted due to the prevailing topography, shape of the block and presence of other coal blocks all around. Flow in Kelo river, reduction is 0.8%, low impact is envisaged on downstream water balance.
viii. Application for obtaining the approval of the Central Ground Water Authority for 2785 KLD has been submitted on 05th December 2017. NOC for ground water abstraction obtained from CGWA, New Delhi Vide Lr no. CGWAINOC/MIN/ORIG/2020/7943 dated 03.07.2020. The sanctioned water quantity is 1454 m3/day. ix. Public hearing for the project of 23.60 MTPA capacity in an area of 2583.48 ha was conducted on 27thSeptember, 2019at Village- Dolesara, District-Raigarh, Chhattisgarh. Major issues raised in the public hearing include health, education, employment, compensation to land losers, drinking water etc. Appropriate action to address the issues raised in the Public Hearing have already been taken/proposed in EIA/EMP.
x. Keloi River/nalla is flowing north to south through the south eastern part of the boundary of lease. Kelo will remain untouched and hence no river/nalla diversion involved. xi. Project Proponent shall obtain blasting permission from DGMS for conducting mining operation near villages and also explore deployment of rock breakers of suitable capacity in the project to avoid blasting very near to villages. There shall be no damages caused to habitation/structures due to blasting activity. xii. Proponent shall appoint an Occupational Health Specialist for Regular and Periodical medical examination of the workers engaged in the Project and maintain records accordingly; also, Occupational health check-ups for workers having some ailments like BP, diabetes, habitual smoking, etc. shall be undertaken once in six months and necessary remedial/preventive measures taken accordingly. The Recommendations of National Institute for ensuring good occupational environment for mine workers shall be implemented; The prevention measure for burns, malaria and provision of anti-snake venom including all other paramedical safeguards may be ensured before initiating the mining activities.
3xiii. The project proponent shall take all precautionary measures during mining operation for conservation and protection of endangered fauna, if any, spotted in the study area. Action plan for conservation of flora and fauna shall be implemented in consultation with the State Forest and Wildlife Department. A copy of action plan shall be submitted to the Ministry of Environment, Forest and Climate Change and its Regional Office."
5. Appellant has further raised the monitoring of air quality, water quality mining plan, noise and vibration, public hearing and human health issues which were discussed as follows :-
1. Air quality monitoring and preservation i. Continuous ambient air quality monitoring stations as prescribed in the statue be established in the core zone as well as in the buffer zone for monitoring of pollutants, namely PM10, PM2.5, SO2 and NOR. Location of the stations shall be decided based on the meteorological data, topographical features and environmentally and ecologically sensitive targets in consultation with the State Pollution Control Board. Online ambient air quality monitoring stations may also be installed in addition to the regular monitoring stations as per the requirement and/or in consultation with the SPCB. Monitoring of heavy metals such as Hg, As, Ni, Cd, Cr, etc to be carried out at least once in six months.
ii. The Ambient Air Quality monitoring in the core zone shall be carried out to ensure the Coal Industry Standards notified vide GSR 742 (E) dated 25th September, 2000 and as amended from time to time by the Central Pollution Control Board. Data on ambient air quality and heavy metals such as Hg, As, Ni, Cd, Cr and other monitoring data shall be regularly reported to the Ministry/Regional Office and to the CPCB/SPCB.
iii. Transportation of coal, to the extent permitted by road, shall be carried out by covered trucks/conveyors. Effective control measures such as regular water/mist sprinkling/rain gun etc shall be carried out in critical areas prone to air pollution (with higher values of PMio/PM2.5) such as haul road, loading/unloading and transfer points. Fugitive dust emissions from all sources shall be controlled regularly. It shall be ensured that the Ambient Air Quality parameters conform to 4 the norms prescribed by the Central/State Pollution Control Board.
iv. The transportation of coal shall be carried out as per the provisions and route envisaged in the approved Mining Plan or environment monitoring plan. Transportation of the coal through the existing road passing through any village shall be avoided. In case, it is proposed to construct a 'bypass' road, it should be so constructed so that the impact of sound, dust and accidents could be appropriately mitigated.
v. Vehicular emissions shall be kept under control and regularly monitored. All the vehicles engaged in mining and allied activities shall operate only after obtaining TUC' certificate from the authorized pollution testing centres.
vi. Coal stock pile/crusher/feeder and breaker material transfer points shall invariably be provided with dust suppression system. Belt-conveyors shall be fully covered to avoid air borne dust. Side cladding all along the conveyor gantry should be made to avoid air borne dust. Drills shall be wet operated or fitted with dust extractors.
vii. Coal handling plant shall be operated with effective control measures w.r.t. various environmental parameters. Environmental friendly sustainable technology should be implemented for mitigating such parameters.
2. Water quality monitoring and preservation i. The effluent discharge (mine waste water, workshop effluent) shall be monitored in terms of the parameters notified under the Water Act, 1974 Coal Industry Standards vide GSR 742 (E) dated 25th September, 2000 and as amended from time to time by the Central Pollution Control Board.
ii. The monitoring data shall be uploaded on the company's website and displayed at the project site at a suitable location. The circular No. J-20012/1/2006- 1A.11 (M) dated 27th May, 2009 issued by Ministry of Environment, Forest and Climate Change shall also be referred in this regard for its compliance.
iii. Regular monitoring of ground water level and quality shall be carried out in and around the mine lease area by establishing a network of existing wells and 5 constructing new piezometers during the mining operations. The monitoring of ground water levels shall be carried out four times a year i.e. pre-monsoon, monsoon, post-monsoon and winter. The ground water quality shall be monitored once a year, and the data thus collected shall be sent regularly to MOEFCC/RO.
iv. Monitoring of water quality upstream and downstream of water bodies shall be carried out once in six months and record of monitoring data shall be maintained and submitted to the Ministry of Environment, Forest and Climate Change/Regional Office.
v. Ground water, excluding mine water, shall not be used for mining operations. Rainwater harvesting shall be implemented for conservation and augmentation of ground water resources.
vi. Catch and/or garland drains and siltation ponds in adequate numbers and appropriate size shall be constructed around the mine working, coal heaps & OB dumps to prevent run off of water and flow of sediments directly into the river and water bodies. Further, dump material shall be properly consolidated/ compacted and accumulation of water over dumps shall be avoided by providing adequate channels for flow of silt into the drains. The drains/ ponds so constructed shall be regularly de-silted particularly before onset of monsoon and maintained properly. Sump capacity should provide adequate retention period to allow proper settling of silt material. The water so collected in the sump shall be utilised for dust suppression and green belt development and other industrial use. Dimension of the retaining wall constructed, if any, at the toe of the OB dumps within the mine to check run- off and siltation should be based on the rainfall data. The plantation of native species to be made between toe of the dump and adjacent field/habitation/water bodies.
vii. Adequate groundwater recharge measures shall be taken up for augmentation of ground water. The project authorities shall meet water requirement of nearby village(s) after due treatment conforming to the specific requirement (standards).
6viii. Industrial waste water generated from CHP, workshop and other waste water, shall be properly collected and treated so as to conform to the standards prescribed under the standards prescribed under Water Act 1974 and Environment (Protection) Act, 1986 and the Rules made there under, and as amended from time to time. Adequate ETP /STP needs to be provided.
ix. The water pumped out from the mine, after siltation, shall be utilized for industrial purpose viz. watering the mine area, roads, green belt development etc. The drains shall be regularly desilted particularly after monsoon and maintained properly.
x. The surface drainage plan including surface water conservation plan for the area of influence affected by the said mining operations, considering the presence of river/rivulet/pond/lake etc, shall be prepared and implemented by the project proponent. The surface drainage plan and/or any diversion of natural water courses shall be as per the approved Mining Plan/EIA/EMP report and with due approval of the concerned State/GoI Authority. The construction of embankment to prevent any danger against inrush of surface water into the mine should be as per the approved Mining Plan and as per the permission of DGMS or any other authority as prescribed by the law.
xi. The project proponent shall take all precautionary measures to ensure riverine/riparian ecosystem in and around the coal mine up to a distance of 5 km. A rivarine/riparian ecosystem conservation and management plan should be prepared and implemented in consultation with the irrigation / water resource department in the state government.
(3) Noise and Vibration monitoring and prevention
i. Adequate measures shall be taken for control of noise
levels as per Noise Pollution Rules,
2016 in the work environment. Workers engaged in blasting and drilling operations, operation of HEMM, etc shall be provided with personal protective equipments (PPE) like ear plugs/muffs in conformity with the prescribed norms and guidelines in this regard.
7Adequate awareness programme for users to be conducted. Progress in usage of such accessories to be monitored.
ii. Controlled blasting techniques shall be practiced in
order to mitigate ground vibrations, fly
rocks, noise and air blast etc., as per the guidelines prescribed by the DGMS.
iii. The noise level survey shall be carried out as per the
prescribed guidelines to assess noise
exposure of the workmen at vulnerable points in the mine premises, and report in this regard shall be submitted to the Ministry/RO on six-monthly basis.
4) Mining Plan i. Mining shall be carried out under strict adherence to provisions of the Mines Act 1952 and subordinate legislations made there-under as applicable.
ii. Mining shall be carried out as per the approved mining
plan (including Mine Closure Plan)
abiding by mining laws related to coal mining and the relevant circulars issued by Directorate General Mines Safety (DGMS).
iii. No mining shall be carried out in forest land without obtaining Forestry Clearance as per Forest (Conservation) Act, 1980.
iv. Efforts should be made to reduce energy and fuel
consumption by conservation, efficiency
improvements and use of renewable energy.
(5) Land reclamation
i. The entire excavated area, backfilling, external OB dumping
(including top soil) and afforestation plan shall be in conformity with the "during mining"/"post mining" land-use pattern, which is an integral part of the approved Mining Plan and the EIA/EMP submitted to this Ministry. Progressive compliance status vis-a-vis the post mining land use pattern shall be submitted to the MOEFCCIRO.
ii. Fly ash shall be used for external dump of overburden, backfilling or stowing of mine as per provisions contained in clause (i) and (ii) of subparagraph (8) of fly ash notification issued vide SO 2804 (E) dated 3rd November, 2009 as amended from time to time. Efforts shall be made to utilize gypsum generated from Flue Gas Desulfurization (FGD), if any, along with fly ash for external dump of overburden, 8 backfilling of mines. Compliance report shall be submitted to Regional Office of MoEF&CC, CPCB and SPCB.
(6) Green Belt
i. The project proponent shall take all precautionary
measures during mining operation for conservation and protection of endangered/endemic flora/fauna, if any, spotted/reported in the study area. The Action plan in this regard, if any, shall be prepared and implemented in consultation with the State Forest and Wildlife Department.
ii. Greenbelt consisting of 3-tier plantation of width not less than 7.5 m shall be developed all along the mine lease area as soon as possible. The green belt comprising a mix of native species (endemic species should be given priority) shall be developed all along the major approach/ coal transportation roads.
(7) Public hearing and Human health issues
i. Adequate illumination shall be ensured in all mine locations
(as per DGMS standards) and monitored weekly. The report on the same shall be submitted to this ministry & it's RO on six-monthly basis.
ii. The project proponent shall undertake occupational health survey for initial and periodical medical examination of the personnel engaged in the project and maintain records accordingly as per the provisions of the Mines Rules, 1955 and DGMS circulars. Besides regular periodic health check- up, 20% of the personnel identified from workforce engaged in active mining operations shall be subjected to health check-up for occupational diseases and hearing impairment, if any, as amended time to time.
iii. Personnel (including outsourced employees) working in core zone shall wear protective respiratory devices and shall also be provided with adequate training and information on safety and health aspects.
iv. Implementation of the action plan on the issues raised during the public hearing shall be ensured. The project proponent shall undertake all the tasks/measures as per the action plan submitted with budgetary provisions during the public hearing. Land oustees shall be compensated as per the norms laid down in the R&R policy of the 9 company/State Government/Central Government, as applicable.
v. The project proponent shall follow the mitigation measures provided in this Ministry's OM No.Z-11013/5712014-1A.11 (M) dated 29th October, 2014, titled 'Impact of mining activities on habitations-issues related to the mining projects wherein habitations and villages are the part of mine lease areas or habitations and villages are surrounded by the mine lease area."
6. In view of the above facts, the issues which have been raised in this appeal are hypothetical and due scientific assessment has been done by the authorities concerned on available technical and expert advices. The contention that the available coal is of low grade or it is costly or the gap in demand and production cannot be met out by the present project is not within the domain of this Tribunal.
7. These facts have already been discussed by the Competent Authorities while granting Environmental Clearance.
8. We find no substance and merit in this appeal. Appeal No. 27/2022 deserves to be dismissed and accordingly dismissed.
Sheo Kumar Singh, JM Dr. Arun Kumar Verma, EM 11th November, 2022 Appeal No.27/2022(CZ) PN 10