National Green Tribunal
Satish Puri vs Union Of India on 17 April, 2023
Item No.04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.121/2022/EZ
IN THE MATTER OF:
SATISH PURI
S/o, Ramdev Puri, 108, Amla Tola,
P.O. Chaibasa, Chaibasa,
Paschimi Singhbum,
Jharkhand - 833201
.... Applicant(s)
Versus
1. UNION OF INDIA,
Through its Secretary,
Ministry of Environment, Forests & Climate Change,
Indira Paryavaran Bhavan, Jor Bagh Road,
Aligunj,
New Delhi - 100003
2. STATE OF JHARKHAND,
Through its Chief Secretary,
1st Floor, Project Building,
Dhurwa,
Ranchi - 834004
3. JHARKHAND STATE POLLUTION CONTROL BOARD,
Through its Member Secretary,
H.E.C., Dhurwa,
Ranchi - 834004
4. TATA STEEL LONG PRODUCTS LIMITED,
(Formerly known as Tata Sponge Iron Limited),
Through Managing Director,
Ghatkuri, at P.O. Baramjada,
Jharkhand - 833221
5. DEPUTY COMMISSIONER,
District Collectorate Building,
West Singhbhum,
Chaibasa - 833201,
Jharkhand
6. DIVISIONAL FOREST OFFICER,
Saranda Forest Division,
West Singhbhum, Jharkhand,
Block A, Van Bhawan,
Ranchi,
Jharkhand - 834002
.... Respondent(s)
1
Date of hearing: 17.04.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. Saurabh Sharma, Advocate (in Virtual Mode), a/w
Mr. Kasutav Dhar, Advocate
For Respondent(s) : Mr. Apurba Shosh, Advocate for R-1 (in Virtual Mode),
Ms. Aishwarya Rajyashree, Adv. for R-2,5 & 6 (in Virtual Mode),
Mr. Surendra Kumar, Advocate for R-3,
Mr. Indrajit Sinha, Advocate (in Virtual Mode), a/w
Mr. Jaydeb Ghorai, Advocate for R-4
ORDER
1. The allegation of the Applicant is that Respondent No.4/Unit was granted Environmental Clearance on 19.04.2005 for production of 0.65 MTPA (Million Tonnes per annum) of iron ore mine. The expansion of the Unit was sought from 0.65 MTPA to 2.5 MTPA for which Environmental Clearance was granted on 22.12.2008. Under this Environmental Clearance the Respondent No.4 was required to construct catch drains and siltation ponds of appropriate size around the mine working, mineral and OB dumps (over burden dumps) to prevent run off water and flow of sediments directly into the Karo River, Koina River as well as seasonal nallahs and water bodies. The Project proponent (PP) was also required to construct Garland drains, settling tanks and check dams around the mine pit and over burden dump to prevent run off. It was also required to design the same keeping 50 per cent safety margin over and above peak sudden rainfall in the area adjoining the mine site.
2. The allegation is that the above conditions of the Environmental Clearance have not been complied with and there is discharge of iron fines from Vijay-II Iron Ore mine which has polluted the River Koina and nearby forest area.
3. At the time of admission, the Tribunal constituted a Committee comprising of the following members: - 2
I. District Magistrate, West Sighbhum, Jharkhand; II. Scientist, Jharkhand State Pollution Control Board; III. Scientist, Central Pollution Control Board, Regional Office, Kolkata;
IV. Divisional Forest Officer, Saranda Forest Division, District West Sighbhum, Jharkhand;
V. Scientist, Integrated Regional Office, MoEF & CC Ranchi, Jharkhand.
The Integrated Regional Office of MoEF & CC, Ranchi, Jharkhand was directed to be the Nodal Office for all logistic purposes.
4. The Committee was directed to visit the site and inspect the same with reference to the allegations made in the Original Application and submit its report.
5. If the allegations are found to exist, the Committee shall also compute the Environmental Compensation and recommend remedial measures.
6. Affidavit dated 02.11.2022 has been filed on behalf of the Respondent No.1, Ministry of Environment, Forests and Climate Change. Along with this affidavit, an Inspection Report of the Joint Committee has been filed. The Observations and Conclusions of the Committee read as under: -
"The Observations made by the Committee on the issues raised in the petition are mentioned below:
Point No. 1: Discharge of large quantities of iron ore fines from Vijay - II Iron ore mines which has polluted Koina River and nearby Forest areas.
Observation - It was noted that the Vijay - II Iron ore mine is situated over hilltop, spread over an area of 155 ha which is all 3 forest land. It was observed that mining operations were being carried out as per the approved mining plan. The mined out minerals are being stored at earmarked site and is covered with polythene sheets. There are garland drains made at the bottom of the mineral dump flowing into and siltation ponds made, to check the flowing of sediments into the surrounding areas. However, at some places, the drains have been filled up. This has been attributed by the project authorities due to the recent heavy rains in the area.
The committee observed that the iron fines stored in these dumps are terraced properly and covered to prevent washing away due to rains. The exposed surfaces of the mineral storage may be similarly managed. In light of the above, it was viewed by the members of the Joint Committee that there might have been flow of surface runoff from the Vijay II Mine due to rains and weakening of the embankment on 14.10.2021 but the chance of pollution of Rivers, which are flowing at a distance of more than 3 kms from the mine and affecting the Forest land surrounding is very less. Point No. 2: This pollution is caused due to non-compliance to conditions of the Environment Clearance letter dated 22.12.2008. The Ministry has granted Environment clearance to the project vide letter No. J-11015/507/2007-IA.II(M) dated 2008. In the letter there were conditions with regard to the environmental safeguard measures stipulated which are to be adopted by the project proponent during the operation of the mine. Some of the conditions mentioned with respect to storage of the mined out materials and their compliances as observed at site are mentioned below:
a) The project proponent shall ensure that no natural water course and / or water resources shall be obstructed due to any 4 mining operations. The first order streams and the seasonal Nallahs originating from the mining lease area shall be protected. (Specific condition no. vi) Observations: It was noted during the visit that there were no natural water stream or nalla flowing within the mine lease area.
b) The overburden (OB) generated during the mining operations shall be stacked at earmarked dump site only and it should not be kept active for a long period and phase-wise stabilization shall be carried out. (Specific condition no. viii) Observations: It was noted that there was one OB dump. It was stated by the project authorities that a total quantity of 48.48 lakh metric tons of OB is dumped. From the information submitted by the project authorities, it is also noted that since mining operation, the OB generated has been utilized for backfilling purpose covering a total area of 13.85 ha over which the present OB dump is located. Adequate measures like proper benching with 10 mtrs and stabilization measures have been taken. Garland drains have been found at the toe of the dumps which drain into a settling pond.
c) Catch drains and siltation ponds of appropriate size shall be constructed around the mine working, mineral and OB dumps(s) to prevent run off of water and flow of sediments directly into the Karo river, the Koina River, seasonal nallahs and other water bodies and sump capacity should be designed keeping 50% safety margin over and above peak sudden rainfall (based on 50 years data) and maximum discharge in the area adjoining the mine site. Sump settling of silt material, sedimentation pits shall be constructed at the corners of the garland drains and desilted at regular intervals. (Specific condition no. ix) Observations: it was observed that catch drains have been constructed to check the direct flow of surface runoff into the 5 surroundings of the mine. Siltation pond has been constructed into which the drainage water, carrying the silt from the mine flows into. This arrests the sediments and silt from being carried to the outside the mine. There is also a Check dam constructed to enable settling of all the sediments and also arrest the outflow of suspended solids into the neighbouring environment.
d) Dimension of the retaining wall at the toe of the over burden dump and the OB benches within the mine to check run-off and siltation shall be based on the rain fall data (Specific condition no. x) Observations: The project authorities have developed retaining wall at the toe of the OB dump area and material storage areas.
The dimension of retaining wall constructed is mentioned below:
SI Type of the retaining wall Dimension
1 Cemented Retaining wall at i. 45 m (length) x 2m (width) x 2m
the toe of OB dump (height)
ii. 30m (length) x 2m (width) x 2m
(height)
2 Rubble masonry retaining i. 41.5 m (L) x 1m (W) x 1m (H)
wall at toe of OB dump and ii. 60m (L) x 1m (W) x 1m (H) mineral dumps iii. 55m (L) x 1m (W) x 1m (H) iv. 31m (L) x 7m (W) x 3.8m (H) v. 35m (L) x 3m (W) x 3.8m (H) 3 Retaining wall constructed during the current year Cemented Retaining i. 150m (L) x 2m (W) x 1.5m (H) wall ii. 65m (L) x 3.5m (W) x 2.5 (H) 4 Retaining wall boulder 50m (L) x 3.5m (W) x 2.5 (H) masonry (located outside mine lease area) 6 5 Boulder wall 300 mtrs During the site visit, it was observed that there was no discharge of effluent to the outside. The project proponent has constructed garland drain, siltation pond and check dams to check the iron ore fines flowing into the nearby rivers. There is no significant domestic effluent discharge as the mine has no residential colony in the lease area.
e) Plantation shall be raised in an area of 27.8048 ha including a 7.5 m wide green belt in the safety zone around the mining lease, over burden dump, backfilled and reclaimed area, mine benches, around crushing and screening plant, roads, etc. by planting the native species in consultation with the local DFO/Agriculture Department. The density of the trees should be around 2500 plants per ha.
Observations: It was observed that the project authorities have done plantations in the mine as well as outside the mine as well. The survival and growth of the plantation is found to be good. It was observed that good plantation with growth is there in the area within the safety zone, mine lease area and reclaimed areas. The details are given below:
Sn Location of the plantation No. of saplings planted area 1 Safety Zone area 1031 2 Backfilled area 1322 3 Compartment no. 26 and 6393 saplings barren land within the mining lease area
f) Appropriate mitigative measures shall be taken to prevent pollution of the Karo river, the Koina River in consultation with the state pollution Control Board.
7
Observations: the project authorities have taken adequate measures as suggested in the Environment Management Plan. It was noted that the following measures have been adopted in the mine to prevent the pollution of rivers flowing nearby.
i. Iron fine dump as well as OB dump have been covered with coir matt.
ii. Garland drains have been constructed below the OB dumps and mineral stack areas to check direct flow of the minerals along with the water.
iii. Retaining walls have been constructed at the bottom of the toe of the OB dumps as well as the mineral dump areas. iv. 300 mtrs masonry wall has been constructed below the mineral stack.
v. A retaining wall of 65 mtrs length, with a width of 3.5 mtrs and height of 2.5 mtrs has been constructed to check the washing out of soil and sediment to the outside of mine lease area. Observations of check dams outside the mine lease area:
It was observed that the project authorities have constructed a check dam at Baraiburu area for settling down the sediments and soil particles so that only the supernatant water flows outside. It was reported that intermittently the project authorities do the desilting of the check dam to facilitate maximum sediment trapping and settling down in the area. Point No. 3: It is also due to violation of Forest Clearance letter dated 09.11.2012.
Observations: In the Forestry clearance granted to the project by the Ministry of Environment and Forest certain conditions with respect to fencing the safety zone plantations, planting and sowing of seeds over the OB dumps to arrest soil erosion, construction of check dams retention walls were stipulated.
8
As observed at site, it was noted that the project authorities have adopted many such measures and are complying with the stipulations mentioned in the Forestry clearance. Therefore, it is viewed that the project authorities are complying with the conditions stipulated in the Forestry Clearance satisfactorily. It was observed that the safety zone has been fenced, Vetiver grass has been planted at the outer ridges of OB dump to check soil erosion. However, the quantum, location and orientation of check-dams, retention walls and garland drainage system has scope for improvement.
Point No. 4: The discharge of pollutants is also in violation of the provisions of the Water Act.
Observations: There is no discharge of effluents observed during the site visit. The project proponents have constructed garland drains leading into the siltation pond and check dam to arrest the sediment and iron ore fillings before flowing out of into the water bodies outside and finally into the rivers. there is no significant domestic sewage discharge as there is no residential colony in the lease area.
Point No. 5: The breach of the iron fines from Vijay - II Iron ore fines is continuing thereby causing large scale pollution of River Koina and the same can be seen by satellite imagery taken in June, 2022.
Observations: On the day of site visit, it was noted that there was adequate precautions taken by the project authorities like covering the iron ore fines and OB dumps with polythene sheets, garland drains provided and settling pits made for storage of the surface runoff from the mine. However, the approach road to the mining area is subjected to rill and gully erosion, especially during heavy rainfall. As this road is used to carryout the ore to nearby storage area by trucks, appropriate measures such as guided drainage channel, siltation ponds, check-dams must be constructed to check the eroded soil to enter the streams. A suitable wheel washing facility can be provided at the exit point of kaccha road / storage facility (at 9 Bokna) to prevent pollution of the main road, which ultimately will find way into water streams. This will also ensure that the trucks do not need to clean in any nearby water source or river stream. Point No. 6: Till date no restoration has been done by the project proponent.
Observations: At site, it was noticed that the project authorities have cleaned up the garland drains, constructed siltation ponds, check dams and retaining walls. In light of the above, it is viewed that the project proponent have taken adequate steps for improvement and arresting the sediment and silt transportation outside the mine lease area. However, at some places, the drains have been filled up. This has been attributed by the project authorities due to the recent heavy rains in the area. Point No. 7: As per the EC Conditions mentioned in the letters issued in the years 2005 and 2008, the project authorities are to construct catch drains, siltation ponds around the mine, mineral and OB dumps to prevent run off of water and flow of sediments directly into the Karo River and Koina River, seasonal nallas and other water bodies.
Observations: At site, it was noticed that the project authorities have provided garland drains, constructed catch drains, siltation ponds, check dams and retaining walls. In light of the above, it is viewed that the project proponents have taken adequate steps for improvement and arresting the sediment and silt transportation outside the mine lease area. These steps have been taken up for prevention of pollution of surrounding water bodies as well as the Rivers Karo and Koina. Though many interventions such as siltation ponds, check dams and retention walls were found in the lease area of the projects proponent, their adequacy and efficacy in future (especially when the OB keeps accumulated and more surface gets exposed to impact of water) cannot be ascertained in the want of: 10
i) A scientific study-based soil conservation plan for the existing interventions, (for ex arriving at the number and location of physical structures using USLE: universal soil loss equation).
ii) Mechanism to monitor the erosion and escape of water from the lease area throughout the year.
Point No. 8: The project proponent was also to construct garland drains, settling tanks and check dams around the mine pit and overburden to prevent runoff.
Observations: At site, it was noticed that the project authorities have cleaned up the garland drains, constructed siltation ponds, check dams and retaining walls. In light of the above, it is viewed that the project proponent have taken adequate steps for improvement and arresting the sediment and silt transportation outside the mine lease area. Point No. 9: The project proponent was also to design the same keeping 50% safety margin over and above peak sudden rainfall in the area adjoining the mine sites. It was viewed that it cannot be scientifically established that the erosion retention structure and designated keeping 50% safety margin over and above the peak rainfall.
Observations: From the site visit and reports submitted by the project authorities, it is noted that precautionary measures like construction of garland drains, check dams, siltation ponds have been constructed and are regularly desilted. It is submitted by the Joint Committee that the measures adopted by the project proponent are satisfactorily being complied with and also meeting the requirements and the purpose. Point No. 10: The applicant noticed that the pollutant being discharged from the Iron ore mine on 14.10.2021 which polluted the river and the streams and surrounding forest areas. Overall damage is 5 ha which is gathered through sentinel satellite image.
11 Observations: Many engineering structure (retention wall, boulder wall, siltation ponds, etc.) Biological methods (grass plantation and coir matting of OB dumps, safety zone plantation) were found in the lease area to check the flow of polluted water out of lease area. It is viewed by the Joint Committee that, as the area is marked by "laterite soil" (red in colour due to high Iron content), it is difficult to conclude that the red soil in the forest is caused by the mining activities.
In light of the above, it was viewed by the members of the Joint Committee that there might have been flow of surface runoff from the Vijay II mine due to rains and weakening of the embankment on 14.10.2021 but the chance of pollution of Rivers, which are flowing at a distance of more than 3 kms from the mine and affecting the forest land surrounding is very less. CONCLUSIONS:
1. The members of the Joint Committee have visited the sites and various issues mentioned in the petition were deliberated and have been verified at site. It is viewed that a. The project authorities have taken adequate measures like covering the OB dumps, mineral dumps, constructed garland drains which flow into the siltation pond, have raised plantation over the OB dumps for stabilization and has constructed check dams for arresting the silt and sediments before the water flows out of the mine into the surrounding water bodies.
b. There are no seasonal nalas originating from the mine and flowing into the water bodies.
2. From the observations made at the site, it is viewed that the possibility of mine water flowing into the Koina and Karo rivers is very less.
Therefore, it is opined by the members of the Committee that pollution of the rivers due to the mine water carrying sediments and fines from the OB dumps and mineral storage areas of Vijay II 12 Iron ore mines, as alleged in the petition on 14.10.2021 may not be true.
Other Observations:
A. It was noted that at several places outside the mine lease boundary of Vijay II Iron mine, which happens to be the road connecting to various mines, is located in the forest area. Due to steep slope of the hill, the force of the surface runoff in this area is quite high as s result, at many places there is a breach of the boundary wall and water has flowed into the adjoining forest areas. The concerned authorities may take necessary mitigative measures to check this which could be affecting the forest areas.
B. It was also noted that there are a number of iron ore mining projects (few of them operational and others non operational) adjoining the Vijay II iron ore mine and all these projects are located within or near to the Forest area. The surface runoff from all over the area may be affecting the adjoining forest area. In light of the above, a comprehensive plan for arresting the surface runoff into the surrounding water bodies through a series of check dams has been put in place i.e. CAT (catchment area treatment plan), following the study by IIT Kharagpur has been approved by the Government, for Saranda to check soil erosion through various engineering and biological interventions, of which the said Project proponent is one of the stakeholder. Speedy and time bound execution of all the prescribed intervention as directed by the plan will go a long way in protecting the larger landscape of Saranda along with the lease area of the Project proponent.
C. It was also opined by the Committee that the project authorities may carryout repair of any damage to various effective measures that have been taken by them due to the recent rains. Further, they have to have a routine (quarterly) maintenance schedule and monitoring of the various measures adopted by them, submitted to the DFO Saranda and Jharkhand State Pollution Control Board. 13 D. The committee has also observed that iron ore fines have been stored in the earmarked located within the mine lease area. It was stated by the project authorities that the iron ore fines stored is about 6 million tones (approx.) and this would continue to increase further with the ongoing mining operations. It is seen that the iron ore fines, which are presently not being dispatched due to State Government's administrative decision, the risk of spillage of this stored iron ore fines under heavy rains is high. Therefore, it is viewed that evacuation and dispatch of the stored iron ore fines would reduce the risk of spillage and affecting the surrounding environment."
7. The Respondent No.4, Tata Steel Long Products Ltd., has filed counter-affidavit dated 21.10.2022. The stand of the said Project Proponent is that Environmental Clearance was initially granted for Vijay-II Iron Ore Mines by the MoEF&CC in the year 2005 & 2007 respectively in favour of M/s Usha Martin Limited (hereinafter referred to as 'UMA') the then mining lease. Subsequently, in 2008, M/s Usha Martin Limited, had applied for expansion of the Vijay-II Iron Ore mining Project and enhancement of production of Iron Ore from 0.65 MTPA to 2.5 MTPA under the Environmental Clearance.
It is also stated that after due verification amended Environmental Clearance was granted on 22.12.2008. It is further stated that the Respondent No.4, Tata Steel Limited, acquired the steel business of M/s Usha Martin Limited with effected from 09.04.2019. It is also stated that the due consents namely Consent to Establish (CTE), Consent to Operate (CTO), the Vijay-II Iron Ore Mines has been granted in favour of M/s Usha Martin Limited and the same has now been granted in favour of Tata Steel Limited vide order dated 31.12.2019. Conditions of the Environmental Clearance extracted 14 from the latest compliance report have been given in paragraph-8 (i) which reads as under: -
Sl. No. Specific Conditions Compliance Status vi. The project proponent There are no any first order shall ensure that no streams, natural water course or natural watercourse seasonal nallahs originating from and / or water Mining Lease. However, in order to resources shall be prevent the surface run off, obstructed due to any following protection measures have mining operations. been taken.
The first order i. 175 meter concrete retaining
streams and the wall developed during this
seasonal Nallahs period,
originating from the
ii. 300 mtrs Garland drain
mining lease areas
distilled,
shall be protected.
iii. 2 settling pits developed,
iv. Settling cum percolation
pond was di-silted to
prevent run-off water and
flow of sediments directly
into any watercourse. First
stream water is diverted to
the pit bottom to settle down
sediments.
ix. Catch drains and Catch drains and siltation ponds of
siltation ponds of appropriate size have been
appropriate size shall constructed around the mine
be constructed working, mineral and OB dump(s)
around the mine to prevent run off water and flow of
working, mineral and sediments directly into the Karo OB dump(s) to River, the Koina River, Seasonal prevent run off of nallahs and other water bodies. water and flow of Following protection measures sediments directly have been taken to prevent run off 15 into the Karo River, water in past six months:
the Koina River,
1. A check dam has been
Seasonal nallahs and
developed.
other water bodies.
The water so collected
2. Two Settling ponds have
should be utilized for
been developed, one at the
watering the mine
toe of OB dump and the
area, roads, green
other below the mineral
belt development etc.
stack.
The drains shall be
regularly de-silted 3. Settling ponds and check particularly after the dam are regularly di-silted monsoon and before monsoon season.
maintained properly.
Garland drains,
settling tanks and
check dams of
appropriate size,
gradient and length
shall be constructed
both around the mine
pit and over burden
dump to prevent run
off of water and flow
of sediments directly
into the Karo River,
the Koina River,
seasonal nallahs and
other, water bodies
and sump capacity
should be designed
keeping 50% safety
margin over and
above peak sudden
rainfall (based on 50
years data) and
16
maximum discharge
in the area adjoining
the mine site. Sump
capacity should also
provide adequate
retention period to
allow proper settling
of silt material.
Sedimentation pits
shall be constructed
at the corners of the
garland drains and
desilted at regular
intervals.
x. Dimension of the At the toe of OB dump and material
retaining wall at the stock area, retaining walls have toe of the over burden been developed till date with dump and the OB different dimension mentioned benches within the below-
mine to check run-off Type of Length Width Height
wall (m) (m) (m)
and siltation shall be Cemented 40 2 2
based on the rain fall retaining 35 2 2
wall at
data. the toe of
OB dump.
Rubble 41.5 1 1
masonry 60 1 1
retaining 55 1 1
wall at 31 7 3.8
the toe of 35 3 3.8
OB dump
and
mineral
stack.
Constructions done during
2021-22:
I. Retaining wall cemented
150m X 2m height X 1.5 m
width.
II. 65m. Retaining wall with
17
dimension 65m X 3.5m X
2.5m
III. Retaining wall boulder
masonry 50m X 3.5m height
X 2.5m width out of lease
area.
IV. Boulder wall 300m.
xi. Plantation shall be During 2020-21, 5746 saplings
raised in an area of have been planted in and outside 27.8048 ha including of lease area.
a 7.5m wide green In Safety zone - 1031, on back belt in the safety zone filled area 1322 saplings and around the mining remaining 6393 saplings planted lease, over burden in compartment no- 26 and in dump, backfilled and barren area of lease.
reclaimed area, mine
benches, around
Native plant species such as
crushing and
Karange, Shisham, Kusum,
screening plant,
Gamhar, Kaju and Shimarua have
roads etc. by planting
been planted.
the native species in
consultation with the
local DFO/Agriculture
Department. The
density of the trees
should be around
2500 plants per ha.
xii. Effective safeguard Adequate number of water tankers
measures such as equipped with sprinkling system
regular water are engaged for water spraying on
sprinkling shall be Mine haul road, loading and
carried out in critical unloading points and the
areas prone to air transportation road. It is being
pollution and having carried out at regular interval to high levels of SPM suppress dust.
and RSPM such as
The Ambient Air Quality monitoring
haul road, loading
18
and unloading point is being carried out by NABL and transfer points. It accredited lab, M/S Anacon shall be ensured that laboratories Pvt. Ltd.
the Ambient Air
A CAAQMS station has been
Quality parameters
installed at Mines which directly
conform to the norms
connected to JSPCB server. All
prescribed by the
parameters are within the
Central Pollution
prescribed limit.
Control Board in this
regard.
xiii. Regular monitoring of There are no any first order
the flow rate of the streams, natural water course or springs and perennial seasonal nallahs originating from nallahs flowing in Mining Lease. However, Flow rate and around the mine of the springs and perennial lease shall be carried nallahs flowing around the mine out and records lease is being regularly monitored maintained. and records are being maintained. xvii. Suitable rainwater Settling pond and garland drain harvesting measures have been developed.
on long term basis
Mine water is channelized so as to
shall be planned and
drain into the mines sump at the
implemented in
bottom part of the mine from where
consultation with the
it recharges ground water
Regional Director,
resource.
Central Ground Water
Board.
xviii. Appropriate mitigative Mining Activity is being done in measures shall be western limb of the lease hold area taken to prevent from where Karo river is around pollution of the Karo 1.6km & Koina River is around River, the Koina River 5.7km. However, following in consultation with measures have been taken to the State Pollution prevent surface run off:
Control Board.
Adequate length retaining
wall below the OB dump and
19
mineral stack has been
constructed as mentioned
above in compliance to
condition no. X. Moreover,
150m retaining wall has
been constructed in past six
months.
50m retaining wall has been
completed during this year
out of lease area.
All Garland drain in the
lease area have been
desilted before onset of
monsoon season.
300m boulder masonry wall
developed below the mineral
stack.
65m retaining wall with
dimension of 65m x 3.5m x
2.5m wall developed to
prevent erosion and wash off
near new office complex.
30000 sqm fines and OB
dump covered with Coir mat.
0.77 Ha area of fines stock
has been covered with
Tarpaulin.
8. It is stated that the Respondent No.4 is taking due care and caution to protect the environment and the following compliances are being applied: -
I. Mining operations was not intersecting the ground water level.
20 II. Top soil is stored at the ear marked area.
III. Adequate number of plantations are done at the mining area.
IV. Wherever it is feasible in the safety zone, Saplings have been planted to cover the maximum area with forest. V. No transportation of ore activity is done at Vijay-II iron ore mine after sunset time.
VI. Adequate number of water tankers are being engaged for water sprinkling to suppress dust and timely water sprinkling is being done in the mine area.
VII. Wet drilling is being done to reduce dust generation during drilling and face is clean before drilling.
VIII. To minimize dust generation during dry processing of material, water spraying system is installed in the crushers.
IX. Material transportation is being done with only Tarpaulin covered vehicle to reduce dust emission.
X. Regular monitoring of the flow rate of the springs and perennial nallahs flowing around the mine lease is being carried out.
XI. Proper measures are being taken for rainwater harvesting etc. XII. 31000 sqm area have been covered with Coir mat to prevent soil erosion and to compact the dump. XIII. Fines dumps were covered with Tarpaulin to prevent erosion or wash off the fines."
9. It is further stated that the steel plant is designed for specific grade of iron ore in view of specialized operational requirements and technology adopted at its End Use Plant (EUP) at Gamharia, 21 Jharkhand, since iron ore having a specific quality parameter is required in steel manufacturing. The current process of steel manufacturing entails use of iron ore having the following contents at its End Use Plant (EUP):
a. Fe : 61% minimum;
b. Alumina : 3.3% maximum; and
c. Silica : 3.5% maximum
10. It is stated that the nature of the site Run of Mine (ROM) at Vijay-II Iron Ore Mine is such that recovery of fines is approximately 62-
65% of the total material processed mineral i.e. (ROM). In this view of the matter, a large quantity of iron ore fines produced in the Vijay-II Iron Ore Mine cannot be utilized in its EUP and as a result the unused and unsuitable minerals produced at the iron ore mine accumulated and occupied a significant area of the mine. It is also stated that under the Mines and Minerals (Development & Regulation) Act, 1957 as amended with effect from 28.03.2021, the captive mines are enabled to sell up to 50% of the minerals after meeting its end use requirement and permission has been sought by the Respondent No.4 from the Government of Jharkhand for granting permission for sale of 50% of the mineral to avoid further accumulation in the mining area, but till date no action has been taken on the said request. It is further stated that permission for sale and evacuation of such accumulated low grade and unusable iron ore fines will clear significant area at the Vijay-II mines and will help the Respondent No.4 in conducting the sustainable & safe mining operations and in addition it will also add to the generation of more revenue for the State of Jharkhand by way of additional royalty.
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11. Allegations of environmental violations have been denied. It is stated that the Respondent No.4 has completed Coir Matting of about 5500 sqm. Plantation of about 3500 saplings of local spices and around 300 kg of grass seed have been spread across the mine area. It is also stated that the Respondent No.6, Divisional Forest Officer, Saranda Forest Division, has advised the Respondent No.4 to complete the construction of boulder check dam and coir matting & grassing in the remaining area as per the Catchment Area Treatment (hereinafter referred to as 'CAT') Plan and accordingly, steps have been taken by the Respondent No.4 to meet the directions of the Divisional Forest Officer. It is further stated that effective implementation of CAT Plan for all the nallahs and rivers in the Saranda Forest Region has been undertaken by the Forest Department and the same is in progress and the Respondent No.4 is also part and contributor for effective implementation of the CAT Plan.
12. Allegation of spillage of iron ore fines into river Koina has been denied and it is stated that the average distance of Koina river from the mining lease area of Vijay-II Iron Ore Mines is about 6 kms. and hence, spillage of minerals in river Koina is not possible. It is also stated that SCP Ponds, Settling Ponds, garland drain and Settling Pit have been developed and constructed by the Respondent No.4 in the mining area to augment ground water recharge. The Ponds, Drains and Pits are also desilted from time to time. Check dams and toe walls have been duly constructed in the mine area.
13. The various environment protective works undertaken by the Respondent No.4 have been outlined in paragraph-28 of the affidavit which reads under: -
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175m retaining wall constructed to protect the first order streams and Seasonal Nallahs.
65m retaining wall with dimension of 65m x 3.5m x 2.5m wall developed to prevent erosion and wash off near new office complex All Garland drain in the lease area have been desilted before onset of monsoon season. 300m boulder masonry wall developed below the mineral stack.
65m retaining wall with dimension of 65m x 3.5m x 2.5m wall developed to prevent erosion and wash off near new office complex.
30000 sqm fines and OB dump covered with Coir mat. 0.77 Ha area of fines stock has been covered with Tarpaulin.
300m Garland drain, settling tank, SCP Pond and one sedimentation pond have been de-silted.
SCP pond with dimension 26m x 22m x 2m & Settling Tank with dimension 10m X 5m X 3m and settling pit are developed, de-silted & maintained.
Dumping is done in ear marked area maintaining 0 mtr height of each bench and each terrace. Saplings are planted at dead end slope of the dump. Drought hardy grass is being sowed on backfilled area for stabilization. To prevent flow of silt and fines directly into the river Karo and Koina, we have developed siltation pond, retaining wall, inward sloping side berms, toe walls, Garland drains etc. 300m boulder masonry wall developed.
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14. Apart from that to prevent run of water and flow of sediments directly into the river following developments and constructions have also been undertaken which reads as under: -
A check dam was developed to prevent erosion and to settle dissolved sediments.
300m boulder wall developed.
15. The Jharkhand State Pollution Control Board has also filed affidavit dated 12.12.2022 bringing on record the same report of the Joint Committee which has already been referred to hereinabove.
16. Counter affidavit dated 25.02.2023 has been filed by the Respondent No.6, Divisional Forest Officer, Saranda Forest Division. The allegations in the Original Application of breach of iron fines from Vijay-II Iron Ore Mines causing large scale pollution of river Koina and that till date no restoration has been done by the Project Proponent, has been categorically denied. It is stated that at several places outside the mine lease boundary of Vijay-II Iron Mines which happens to be the road connecting various mines, is located in forest area. Due to steep slope of the hill, the force of surface runoff in this area is quite high and as a result, at many places there is a breach in the boundary wall and water has flowed into the adjoining forest area for which concerned authorities may take necessary mitigative measures. It is also stated that there are number of iron ore mining projects adjoining the Vijay-II Iron Ore Mines and therefore, a comprehensive plan for arresting surface runoff into the surrounding waterbodies through a series of check dams has been put in place i.e. Catchment Area Treatment Plan.
17. We have heard the learned Counsel for the parties and perused the documents on record.
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18. The Inspection Report would show that mined out minerals are being stored at earmarked site covered with polythene sheets. Photographs to that effect have also been placed on record in the affidavit. There are garland drains made at the bottom of the mineral dump flowing into siltation ponds made to check flow of sediments into the surrounding areas. However, at some places, the drains have been filled up. The Committee members also noted that there might have been flow of surface runoff due to rains and weakening of embankment on 14.10.2021 but chance of pollution of rivers is very litter since the rivers at a distance of more than 3 kms. from the mine and damage to forest land is also very less.
19. Allegation of violation of the Environmental Clearance conditions have been negatived and it is observed that there were no natural water stream or nallah flowing within the mine lease area. There was one Over Burden dump having a total quantity of 48.48 lakh metric tones. This has been utilized for backfilling purpose covering a total area of 13.85 Ha. over which the present Over Burden dump is located. Adequate measures like proper benching with 10 meters and stabilization measures have been taken. Garland drains have been found at the toe of the dumps which drain into a settling pond.
20. The Committee also noted that catch drains have been constructed to check the direct flow of surface runoff into the surroundings of the mine. Siltation pond has been constructed into which drainage water flows carrying silt. This arrests the sediments and silt from being carried outside the mine. The Project Proponent has developed retaining wall at the toe of the overburden dump area and material storage area. The dimensions are given in the Report 26 which need not be repeated again. There was no discharge of effluent to the outside.
21. As regards plantation, the chart given in the Report shows that in the Safety Zone Area 1031 saplings have been planted; in Backfilled area 1322, Saplings and Compartment no.26 and barren land within the mining lease area, 6393 saplings i.e. total of 8746 saplings have been planted.
22. As per Environmental Clearance conditions, it has been mentioned that plantation shall be raised in an area of 27.8048 Ha. including 7.5 m wide green belt in the Safety Zone around the mining lease, overburden dump, back filled and reclaimed area, mine benches, around crushing and screening plant, roads, etc. The density of the trees should be around 2500 plants per Ha. Going by this calculation, the plantation in the area of 27.8048 Ha. would come to about 69512 trees including 7.5 m wide green belt.
23. As per the Inspection Report, the samplings planted is only 8746, therefore, the plantation of saplings is grossly deficient which needs to be completed by the Project Proponent.
We, therefore, issue a direction to the Project Proponent to complete the total plantation of 69512 saplings within the current monsoon season positively by 30.09.2023.
24. So far as pollution of Rivers Karo and Koina is concerned, the Inspection Report clearly states that OB dump has been covered with coir matt, garland drains have been constructed, retaining walls have been constructed at the bottom of the tow of the OB dumps as well as mineral dump areas, 300 meters of masonry wall has been constructed below the mineral stack, a retaining wall of 65 meters length, with a width of 3.5 meters and height of 2.5 27 meters has been constructed to check the washing out of soil and sediment to outside the mine lease area. The Committee has also noted that the Project Proponent Authorities do the de-silting of check dam from time to time to facilitate maximum sediment crapping and settling down in the area.
25. As regards allegations of violation of forest clearance, it is noted by the Committee that the Project Proponent is complying with the conditions stipulated in the forest clearance satisfactorily. Safety Zone has been fenced. Vetiver grass has been planted at the outer ridges of the OB dump to check soil erosion. However, the quantum, location and orientation of the check dams, retaining walls and garland drainage system has scope for improvement.
We direct that these matters shall be made good into by the Project Proponent within two months, before commencement of the current monsoon season.
26. Allegation of the violation of the Water Act has been denied, it is stated that there is no significant domestic sewage discharge as there is no residential colony in the lease area.
27. As regards allegations of breach of iron fines causing pollution of river Koina as alleged by the Applicant relying upon his satellite imagery taken in June, 2022, the Committee has referred to its earlier findings with regard to steps taken to check pollution and stray surface runoff. It is also stated that the approach road to the mining area is subjected to rill and gully erosion, especially during heavy rainfall and as this road is used to carry the ore to nearby storage area by trucks, appropriate measures such as guided drainage channel, siltation ponds, check dams must be constructed to check the eroded soil from entering the stream. It is suggested 28 that a suitable wheel washing facility be provided at the exit point of kaccha road/storage facility at Bokna to prevent pollution of main road.
The suggestions given by the Committee shall be addressed by the Project Proponent within one month.
28. Allegations of restoration not having been done has been negatived by the Committee in point no.6.
29. Point no.7 are repetitive allegations which have also been met in detail by the Committee.
30. Point no.8 relating garland drains, settling tanks, check dams are also repetitive and have been examined by the Committee in its Report.
31. The Committee has also noted in point no.9 that precautionary measures like construction of garland drains, check dams, siltation ponds have been adequately complied with by the Project Proponent.
32. Point no.10 with regard to the allegations of discharge of iron ore mine on 14.10.2021 is also repetitive and has been duly examined by the Committee.
33. From the Inspection Report and findings recorded by the Committee, we find that the Project Proponent has substantially complied with conditions of the Environmental Clearance dated 19.04.2005; what remains to be complied with is that adequate plantation has not been done which needs to be complied with for which directions have already been given hereinabove.
34. Compliance of plantation of saplings as directed hereinabove shall be completed by during the current monsoon season up to 30.09.2023 to the satisfaction of the MoEF&CC, report to that effect 29 shall be forwarded to the MoEF&CC by the Project Proponent by 15.10.2023.
35. With the aforesaid directions, the Original Application No.121/2022/EZ is disposed of.
36. Interlocutory Applications, if any stand disposed of accordingly.
37. There shall be no order as to costs.
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B. Amit Sthalekar, JM ....................................
Dr. Afroz Ahmad, EM April 17, 2023 Original Application No.121/2022/EZ MN 30