National Green Tribunal
Gopal Purohit vs Hindustan Zinc Ltd on 1 December, 2022
Item No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 73/2022 (CZ)
Gopal Purohit & Anr Applicant(s)
Versus
Hindustan Zinc Limited & Ors Respondent(s)
Date of Hearing: 01.12.2022
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s): Mr. RDSS Kharlia, Adv
For Respondent(s) : Mr. U.N. Tiwary, Adv
ORDER
1. This matter is listed for admission today. Heard the learned counsels for the parties.
2. Counsel for the applicant and the counsel for the Respondent Sh. U. N. Tiwary are present and argued the case in detail.
3. This Original Application has been filed with the following prayer:
(i) Allow the present application on the basis of facts and grounds mentioned in the present application.
(ii) Direct the Respondent authorities for the compliance of orders dated 02.02.2022
(iii) Direct the Respondent authorities to formulate and place on record strategic/scheme to prevent illegal pollution of the pollution of the water, air, soil and environment of village Aanguncha Tehsil Hurda, District Bhilwara Rajasthan by Hindustan Zinc Ltd. Aanguncha Mines and with other reliefs.1
4. Learned counsel for the respondent has submitted that the main contention of the applicant is to execute the order passed by the Tribunal dated 02.02.2022 in O.A. No. 226/2020.
5. We have gone through the order as contended by the learned counsel for the Applicant, where the violation of environmental rules by HZL, Udaipur, Rajasthan was issue in executing mining lease of Lead, Zinc and associated minerals at villages Agucha, Rampura, etc in district Bhilwada, Rajasthan covering nearly an area about 1200 hectares of mining land. In the course of such mining, residents of the said villages are adversely affected on account of degradation of environment. There are heavy blastings and underground mining operations resulting in contamination of source of drinking of water, resulting in various diseases like Asthma and skin borne diseases. Live-stocks are also affected. Dust and stones get accumulated close to the agricultural land and houses of the inhabitants. Toxic and contaminated waste water is discharged from the mines. The area is 'over exploited' in terms of the ground water, notified as such by the CGWB. There are mammoth holes at many places because of unplanned underground mining. The applicant has relied upon photographs filed with the application.
6. The matter was heard by the Tribunal. An Expert report was also called and the matter was concluded with the following order:
"Having regard to the violations/damage by the PP and overall estimated cost of ecological rehabilitation and restoration and financial capacity of the PP, we require the PP to deposit a sum of Rs. 25 crore with the District Magistrate, Bhilwada within three months to meet the cost of remediation measures. A joint Committee of CPCB, State PCB and District Magistrate, Bhilwada with the assistance of any other experts may prepare a 2 restoration plan for remediating the soil and quality of ground water in the area, apart from undertaking health improvement programme for the inhabitants and the cattle. The action taken may be placed on the website of the District Magistrate, Bhilwada and its execution duly monitored. The remediation works may be got executed by an appropriate agency utilizing the amount deposited by the PP and the PP itself will have liberty to get the such work executed of restoration/rehabilitation on its own or through any other agency, if found proper by the joint Committee in the circumstances. A public awareness group may be setup jointly by the DM and the PP to list out the issues requiring further action. The amount deposited will be utilized for executing the plan within one year, associating all stake holders, including the PP and civil society in a suitable manner, subject to overall supervision of the Committee. State PCB will be the nodal agency. In case the amount deposited is found to be deficient, the Tribunal may consider further directions, depending upon the material available. The joint Committee may have a report of status of compliance as on 31.03.2023 filed before the Registrar General of this Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF by 30.04.2023. In case any further direction becomes necessary, the Registrar General will place the matter before the Bench."
7. Respondent No.1, Hindustan Zinc Limited filed the compliance of the order with an affidavit containing the facts that order of the NGT passed in the Original application has been complied with.
38. The Review Application in the same original application was also filed as R.A. No. 06/2022 which was heard and decided vide order dated 29.03.2022 with the following observations:
"6. Review Application has been filed by the PP mentioning the activities undertaken by the PP prior to and after passing of order of this Tribunal dated 02.02.2022. The submission in the Review Application is reproduced below:-
"As a company that takes its environmental responsibilities seriously, we have taken great pains to ensure remaining fully and ever compliant and an upholder of all environmental safety norms, as well as contributing more and more towards the overall welfare of the community.
We have addressed all observations made by the committee in all our earnestness. However, the recent order of Hon'ble NGT dents the image of our company and projects us as a "violator" of environmental norms. This is a major setback for us as the entire world understands our company as an ideal and exemplary sustainable mining company, and as a testament to this image we were ranked 1st in Asia-Pacific and globally 5th in Dow Jones Sustainability Index in 2021 amongst Mining & Metal global majors. HZL is perhaps the only Indian company in this prestigious list. Considering the submissions made above, we humbly request you to modify the 02.02.22 order and direct the company to spend Rs 25 crores under its CSR programs in consultation with the district administration for addressing the genuine concerns raised by local 4 inhabitants. We shall work closely with the pollution control board towards improving quality of soil, potable and farm water availability, increasing agricultural produce, undertaking health improvement programs for inhabitants as well as livestock improvement. A compliance report shall also be submitted periodically to the competent authorities.
Further, with reference to the committee observations, the company shall comply with the recommendations made by the committee. In absence of any scientific or reported violation of any environmental conditions, the company may be discharged from any liability under the precautionary pay principle, as all conditions for compliance have been duly fulfilled and we remain committed to environmental safety as long as we exist.
In view of the submissions made, and to support and secure the reputation of a prestigious Indian company in the international arena, we humbly request you to reassess the order passed in this OA 226 of 2020 and provide the Company with an opportunity to take all essential, corrective, and remedial measures under social outreach programs."
7.Since the Tribunal has found the need for restoration in the light of reasons in the order sought to be reviewed and does not rule out association of the Project Proponent in taking remedial measures, we direct forwarding of the letter dated 11.03.2022 filed by the PP, which has been treated as a review petition, to the joint Committee to enable the joint Committee to furnish its action 5 taken report in pursuance of order dated 02.02.2022 within two months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
9. The Review Application no. 06/2022 was again taken up by the Tribunal on 14.11.2022, and the Tribunal observed as follows:
7. Vide order dated 29.03.2022, the Tribunal asked the joint Committee to furnish its action taken report in pursuance of order dated 02.02.2022.
8. Accordingly, State PCB has forwarded the action taken report on behalf of the joint Committee on 14.10.2022 as follows:
"xxx .......................................xxx....................................xxx 2.3 Status of deposition of Fund:- As per the contents of the direction passed by Hon'ble NGT vide order sheet dated 02.02.22 & 29.03.22 interalia reproduced as follows: "having regard to the violations/damage by the PP and overall estimated cost of ecological rehabilitation and restoration and financial capacity of the PP, we require the PP to deposit a sum of Rs. 25 crore with the District Magistrate, Bhilwada within three months to meet the cost of remediation measures."
To ensure the compliance of the same, following actions have been taken so far detailed as:-
PP has been directed to ensure the compliance of the above referred directions vide letter(s) dated 11.02.22, 05.04.22 & 23.05.22. Copy of letter is enclosed as Annexure-2 Subsequently PP in continuation to its letter dated 27.04.22, submitted its reply vide letter dated 08.06.22 mentioning proposal to open a joint account in nationalized bank with joint signatory of Integrated Business Unit (IBU)-CEO, HZLAgucha along with District Collector, Bhilwara followed by deposition of Rs. 25 Crore for the purpose of rehabilitation and restoration in accordance with Hon'ble NGT order. Copy of letter is enclosed as Annexure-3.
Matter related to PP's proposal regarding opening of Joint Account has been forwarded to the State Govt. vide letter dated 22.06.22 for approval. Copy of letter is enclosed as Annexure-4.
6 State Govt. of Raj has approved proposal to open an Joint Account vide letter dated 08.07.22. Thereafter, Joint Account has been opened on 07.09.2022 and Amount of Rs. 25 Crore has also been deposited in Joint Account by M/s HZL on 08.09.2022. Copy of relevant letter(s) are enclosed as Annexure-5. Further, PP has also deposited an amount of Rs.90 Lac through DD to RSPCB, Jaipur vide letter dated 05.08.2022 in compliance to Joint Committee recommendations mentioned in their report for the non-fulfilling plantation criteria of 1500 Plants/Year /Hectare imposed under Environmental Clearance condition. Copy of letter is enclosed as Annexure-6.
Apart from above, action related to creation of public awareness group and preparation of restoration plan has also been completed. 2.4 Constitution of Public Awareness group and its hearing camp:-
In compliance of Hon'ble NGT order dated 02.02.2022, a public awareness group under the chairmanship of Sub Divisional Officer, Gulabpura comprising members viz. Tehsildar, Block Development officers, Sarpanch(s) of related village Panchayats, Panchayat Primary Education officers, Block Medical and health Officer, Joint Director Animal husbandry, Assistant Engineer of Public Health engineering department, Agriculture supervisor, Mining Foreman of Particular area, Nominees from chairman of awareness group and representative from Hindustan Zinc limited has been constituted vide District Collector, Bhilwara order no. 45339 dated 23.05.22. This Public awareness group was advised to conduct camp/public hearings in affected villages in presence of group members to create awareness about restoration plan, to seek inputs, suggestions and feedback of inhabitants of affected areas during the preparation of restoration Plan (Pre-Stage) and during the execution of restoration plan for monitoring and review of the progress (Post stage).
So far a hearing camp has been organized. Suggestions received from Public awareness group and inhabitants viz. development of pasture land, improvement in medical facilities through strengthening of Hospitals and Community Health Centre in theaffected area, improvement in veterinary facilities through strengthening of veterinary Hospitals in the affected area etc. are 7 also incorporated as a part of restoration plan. Copy of Public awareness group constitution order and Copy of minutes of meeting is enclosed as Annexure-7 collectively.
3. Preparation of Restoration Plan and Scope area: - That Hon'ble NGT has directed joint Committee with the assistance of any other experts to prepare a restoration plan for remediating the soil and quality of ground water in the area, apart from undertaking health improvement programme for the inhabitants and the cattle. To ensure the compliance, restoration plan has divided in following activities /Chapter (s):-
3.1 Remediation of Soil Quality.
3.2 Remediation of Ground water Quality.
3.3 Availability and quality of Drinking water supply 3.4 Human Health Improvement Plan.
3.5 Livestock Health Improvement Plan.
3.6 Property Damage Assessment 3.7 Betterment of Ambient air quality through Plantation & Pasture belt development 3.8 Strengthening of School infrastructure in affected areas Chapter wise detailed restoration Plan framework comprising introduction, present scenario, restoration activities ,Short term and Mid Term/long term Plan, Outcomes, line listing of work to be done, estimated cost and timeline has been prepared.
Scope Area:- For the preparation of restoration plan, scope area is required to be assessed. As per the primarily mapping of villages located nearby lease boundary area, total 10 Village Panchayats(Revenue Villages) covering total 46 villages jurisdiction there under are situated under 02 Blocks namely Hurda Block and Shahpura Block. List of 10 villages panchayats consisting villages name is enclosed as Annexure-8.
However, scope area of activity proposed under restoration plan has been identified on the basis of following key factors:-
a. Proximity of area /villages with lease boundary. b. Present status and data available with respect to trends related to activity proposed and inputs received from concerned departments.8
c. Priority and interconnected effects of activity proposed for restoration in coherence with fund allocation. d. Identification of centralized point/location for activity execution and implementation of Plan so as to ensure the maximize the benefit coverage.
e. Status of existing infrastructure/ Govt. projects already under progress for the public use purpose and requirement for Gap filling.
f. Issues being raised by inhabitants. g. Division of activities into phased manner for the activities requires and involves Pilot Study, more fund allocation, post implementation review etc."
9. The report also mentions scope area activity-wise in detail. At the end, activity-wise estimated fund allocation is as follows:
"4. Activity wise fund allocation (Estimated) S. Remediati Activity Proposed Responsib Estd. Chapter No on Plan le Cost wise . Agency (in Lac allocatio Rs.) n (in Lac Rs.) & % allocatio n of total allocatio n 1 Soil Gypsum Treatment Agricultu 52.69 Lac 78.52 Lac Qualit re (4.75%) y remediation dept.
2 (Phase-I) 02Green Agricultu 25.83 Lac
village(s) Manur re
namely e (Dhencha dept.
Agucha Plantation )
and
Khed
a
Palola
3 Ground Restoration of non Ground Water 21.57 Lac 445.79 Lac
Wate functional Department (26.99%)
r Quality an
remediation d
repairable roof
top rainwater
harvesting
structures
(RTRWHS)- 11 Nos.
4 Roof Top Ground Water 73.55 Lac
Rainwater Department
Harvesting in association
Structure - 31 nos. with PHED
5 Recharge Ground Water 321.7
Shaft Department 6
- in association Lac
Approx 40 Nos. with PHED
including 10 ponds
reclamation
9
6 Hydro Ground 28.91 Lac
geologic Water
al survey and Isotopic Department
analysis in association
with M/s HZL
7 Drinking RO Public 315 431.31 Lac
water supply plan Health Lac (26.11%)
t Eng.
installation with 07 Dept.
year O&M-14 nos.
each
havin
g
0.5KLPH
8 Seizure of the Ground 1.0 Lac
groundwater sources Water/
where Pb & Zn Public
found in exceedance Health Eng.
of the prescribed Dept. /
drinking water RPCB
standards (Presently
not
needed but
reserved in Plan
for similar kind
of use)
9 Elevated PHED 115.31
Service Lac
Reservoir (ESR) -
02 nos. for
Kheda
Palolaand
Bherukheda-II
10 Human Health Door to Door Medical and Health 5.0 Lac 346.50 Lac
Improvement Plan Survey by (20.98%)
Medical Dept
11 CHC Gulabpura Medical and Health 296.50
as Model Lac
Hospital and
Equipment proc.
12 CHC Asind Medical and Health 25.0 Lac
Equipment proc.
13 CHC Medical and Health 20.0 Lac
Phuliyakalana
Equipment proc.
14 Live Stock Veterinary Animal Husbandry 53.27 Lac 107.59 Lac
Health Improvement Hospital Hurda Dept. (6.51%)
Plan as Model
Veterinary
Hospital and
Equipment
supply
15 Veterinary Animal Husbandry 30.00 Lac
Hospital Agucha Dept.
:- Construction
work
16 Veterinary Animal Husbandry 4.97 Lac
Hospital Kothiya Dept.
:-
To construct
Cattle shed
alongwith
boundary wall.
17 Water Kundi (s) Animal Husbandry 19.35 Lac
for live Dept.
stock
drinking
10
water-45
nos.
18 Property Damage HouseCracks Revenue in Expert Study* 3.63 Lac
Assessment issues association with (0.21%) +
Mining dept. Expert Study*
19 To Revenue & PS, 3.63
providesafe Hurda
ty fencing
around the
potholes
locations-29
nos.
20 Filling of Revenue in Expert
potholes/pits in association with Study*.
agriculture fields Mining dept.
21 Plan for Plantation in Forest 75 75 Lac
betterment of forest land @
Hurda Bid
Ambient Air (approx 50 (4.54%)
Quality Hectare Area)
22 Development Forest & Revenue
Pasture land
23 Plan for Repairing and Education 163.41 163.41 Lac
Strengthening Renovation of Department (9.90%)
of Civil school building
infrastructure and construction
of schools of new classroom
located in
affected area.
Total 1651.75 1651.75
Table 28: Activity wise proposed fund
allocation details. Note:
1. Above mentioned activities are provisionally allocated approx. 66% fund allocation out of total 25 Crore fund. In addition to above, 3% fund is allocated for engagement and hiring expenses for Project Management Unit (PMU) and 2% fund is allocated for administrative expenses, thus total 5% fund is allocated for Project management unit and administrative expenses which may be extendable up to 7 % as per requirements including various activities viz. execution, monitoring and evaluation purpose.
2. Decision related to allocation of remaining 27%-29% fund as well as any alteration and changes in presently allocated fund for activities proposed or 11 subsequent phases of activities through expanding scope area /coverage of other villages /addition of any other activity will be based on the outcomes of execution and implementation of above proposed activities of restoration plan in consultation with concerned departments /agencies /stakeholders.
3. *Estimated cost for expert study requirement (Property damage assessment and remedial measures) will be incorporated subsequently in accordance with expert agencies proposal and financial requirements for study.
4. Execution agency for abovementioned proposed activities is being identified by Joint Committee and will be finalized in consultation with concerned departments /agencies/stakeholders. In view of above, Restoration Plan is being submitted for kind perusal."
10. We have heard learned Counsel for the review applicant. It is submitted that since the PP has made the necessary deposit and is willing to execute the remediation plan as proposed above, instead of the amount being treated as compensation, it may be treated as CSR activity. Having regard to the fact situation, we allow this prayer and further direct that in the course of execution of the action plan, Micro Watershed Management Plan for protection of ground water and soil quality and health cards for the households may be duly focused. Further, for proper monitoring and evaluation, independent third-party validation of remedial measures may be obtained by the PP through a credible agency and its reports placed on the website of the PP on six monthly basis till completion of restoration measures.
The Review Application will stand disposed of accordingly."
11. Another Original Application no. 78/2022 (CZ) titled as Govind Ram Soni & Ors vs. District Collector, Bhilwada & Ors was heard and decided in terms of the order passed in O.A. No. 226/2020.
1212. In view of the above facts, the learned counsel for the Respondent has submitted that the matter was finally heard and decided by the Tribunal and if the applicant is any way aggrieved by the order, he has alternative remedy available to file an appeal before the competent authority.
13. The cognizance of the execution of the order has been taken by the Tribunal and a direction has already been issued as quoted above.
14. It is further argued that the execution of the order can be moved before the competent authority/Tribunal/Court by moving an application of execution and not by a fresh Original Application.
15. Accordingly, this application is not maintainable and deserves to be dismissed and accordingly dismissed. No order as to cost.
16. Sheo Kumar Singh, JM Dr. Arun Kumar Verma, EM 01st December, 2022 O.A No. 73/2022 (CZ) PU 13