National Green Tribunal
Ashok Patel vs State Of Madhya Pradesh on 11 May, 2026
Item No.04
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No.163/2025(CZ)
Earlier O.A. No.564/2025(PB)
Ashok Patel Applicant(s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 11.05.2026
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s):
For Respondent(s) : Mr. Prashant M. Harne, Adv. For State
Mr. Rajat Jariwal, Adv. along with
Ms. Anushka Awasthi, Adv.
Ms. Akanksha Wadhawan, Adv. &
Mr. Manish Barua, Adv. for R-5
Ms. Parul Bhadoria, Adv. for MPPCB
Ms. Shikha Singh Chouhan, Adv.
Mr. Dharamivr Sharma, Adv. for MoEF&CC
ORDER
1. Issue raised in this application is severe pollution of the Sone and Murna Rivers caused by mining and effluent discharge from Ultratech Cement Ltd. Bichhapuri Coal Mine in Shahdol, Madhya Pradesh.
Scientific studies 2024 confirm the BOD, COD and turbidity levels far above the permissible limits. The Muma River, a tributary of the Sone, carries toxic discharge from the coal mine, in violation of environmental norms, damaging the environment and causing health hazard apart from directly affecting the drinking water and health of over 1200 Baiga Tribal residents.
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2. The cognizance of the matter has been taken on the basis of the letter petition filed by one Mr. Ashok Patel in light of the order of Hon'ble Supreme Court of India in Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors. reported in 2021 SCC online SC 897.
3. Notices were issued to the respondents by constituting a committee a report was called. The members of the joint committee visited the site.
4. Reply on behalf of respondent no. 3 has also been filed.
5. The learned counsel for the project proponent has also put in appearance and argued the case.
6. We have heard the learned counsel for the parties and perused the record.
7. The members of the committee visited the site and submitted the report as follows :
..............x...............x..............x...............x............
3.0 Site Visit of the committee in light of the order:
3.1 In pursuance of above-mentioned office order, the Joint Committee members along with team of officials from MoEFCC, CPCB, MPPCB and District Collector visited the M/s Ultratech Cement Ltd. Bicharpur coalmines at Sohagpur, Dist. Shahdol during 22.12.2025 and 23.12.2025.
3.2 To ascertain status of compliance of conditions as per issued CTO and impact of the project on the environment and people in the area by undertaking site visit and considering the view point of all stakeholders, including the inhabitants of the area, following activities were undertaken:
i. Verification of the present compliance status of Environmental Clearance (EC) conditions stipulated under EC.
ii. To Study the impact of mining activity in surrounding areas' water bodies- River Sone and Murnawater quality monitoring.2
O.A. No.163/2025(CZ) Ashok Patel Vs. State of Madhya Pradesh & Ors.
iii. Verification of issues of residents of surrounding villages- Bicharpur, Kalyanpur, Sundari and Baiga tola.
iv. Assessment of the activities undertaken by the unit through CSR funds.
The applicant, Shri Ashok Patel was duly informed in advance about the Committee's visit but he remained unavailable to assist or provide evidence.
4.0 Brief on the Bicharpur underground coal mining of M/s Ultratech Cement Ltd., Shahdol (M.P.) 4.1 The fully mechanised underground coal mining of M/s Ultratech at Village Bicharpur, Sohagpur coalfield, Shahdol is established in 500 Ha lease area at (longitude 81.2042 and latitude 23.1552).
Previously, the coal mines were allotted to M/s Madhya Pradesh State Mining Corporation Limited vide letter no. F. No. 13016/8/2007-CA-1 in July, 2007. The Environmental Clearance (EC) was granted to M/s Madhya Pradesh State Mining Corporation Limited vide letter no. J-11015/308/2010-IA. II (M) dated 16th July 2013.
4.2 However, the Hon'ble Supreme court of India vide judgment dated 25.08.2014 read with its order dated 27.09.2014 cancelled the allocation of 204 coal blocks and issued direction for auction of the mines.
4.3 Ministry of Coal vide order no. 104/15/2015/NA dated 23.03.2015 had allocated the Bicharpur underground coalmine project to M/s Ultratech Cement Limited.
4.4 In the year 2015, vide letter no. J-11015/308/2010-IA. II (M) dated 16th July 2013 environmental clearance (EC) was granted to M/s Madhya Pradesh State Mining Corporation Limited was transferred on the name of M/s Ultratech Cement Limited for Bicharpur underground coalmine project for production capacity of 0.5 MTPA normative and 0.75 peak in an ML area of 500 Ha. located in Sohagpur Coalfield Dist. Shahdol, Madhya Pradesh.
4.5 The Consent To Establish was issued to the project proponent on 24.07.2015 and the renewal of Consent To Operate (CTO) is valid till upto 30.09.2028. The unit started its mining operation in 2021.
4.6 There are 03 workable seams i.e. seam IV (depth 123- 170m), III (depth 184- 235m) &II (depth 204-255m) identified in the mines. The 3 O.A. No.163/2025(CZ) Ashok Patel Vs. State of Madhya Pradesh & Ors.
seam thickness ranges from 0.15 m to 6.05 m. The gross geological reserves have been estimated to be about 56.03 MMT and the net extractable reserve is about 49.58 MMT. As per estimation, the allotted seams have extractable reserve of about 19.06 million Ton (4.48 MMT in Seam-IV, 10.56 MMT in Seam III and 4.02 MMT in Seam-II). The grade of coal is G-7 & G-8 with average ash content of 25%. Mining operation was carried out at Seam- IV and III by mechanised bord and pillar method with Continuous Miner (CM) Set. Continuous Miner set comprises 01 CM Machine, Shuttle Cars along with Feeder Breaker and Twin Bolter for support of the mine. Based on Geological characteristic of various seams encountered in the lease hold area (seam thickness, depth of seam, strata condition, dip of seam and its extent, presence of fault, water seepage etc.), the mine has been planned to be worked out on Board & Pillar method by deploying Continuous Miner Package for main dip development. The excavated coal transported from underground mine to surface through Conveyor Belt. At the face the coal is being cut and loaded by CM into shuttle car which carries coal to feeder breaker and feeder breaker (-200mm) discharges coal onto the gate belt conveyor and with the help of a series of belt conveyor the coal is transported up to the surface bunker to surface via covered conveyor belts. Here 04 bunker of 150 T capacity each are provided to handle the coal. The coal from Coal bunker is transported via road by tarpaulin/green net covered trucks.
4.7 For the movement, two inclines are provided. Incline-1 (5.3 x 3.5 x lin5 with 1177m length) is used for coal transport and incline-2 ( 5.3 * 3.5x lin5 with 1186m length) is used for men & material transport. A shaft of 5.5m (length- 192m) is provided for ventilation. The details of the coal mined till date is as tabulated below:
4.8 It is pertinent to mention that peak production at Bicharpur coal mine was achieved in the FY 2023-24 i.e. 0.75 ΜΤΡΑ. But, from May 2025 onwards the coal production from seam-III had been stopped and machinery and all equipment were shifted back to surface. A notice regarding the discontinue of mining operation at seam-III submitted to the DGMS Jabalpur region dated 14.10.2024. The main 4 O.A. No.163/2025(CZ) Ashok Patel Vs. State of Madhya Pradesh & Ors.
reason was the non-availability of good grade coal. The mined coal is having high shell percentage and low gross calorific value (about 1700-1800 kcal).
4.9 Further, the mining operation in seam-IV had also been shut down from October to August 2024, because of the same reasons.
4.10 The mining operations was done in seam-IV for the 03 months viz. September to November, 2025 in compliance with the lease condition i.e. mining operations cannot be continued for more than nine continuous months. The coal production was 279 MT in the respective three months.
5.0 Status of regulatory approval M/s Ultratech Cement Ltd. has obtained its Environmental Clearance (EC)- vide no. J-11015/308/2010.II(M) dated 16.07.2013 transferred on 11th May, 2015. The unit is having consent to operate valid till 30.09.2028 and HW authorization (AWH-54400) valid till 30.06.2026.
6.0 Issues raised by the Petitioner The issues raised by the petitioner are:
1. Severe pollution of Sone and Murna Rivers due to effluent discharge from Ultratech Cement Bicharpur coalmine.
2. Toxic discharge from coal mines affecting the drinking water in nearby villages.
3. Health issues in the nearby villages- Bicharpur, Kalyanpur, Senduri and Baiga tola due to polluted water.
4. False claim on expenditures made under CSR by the unit.
7.0 Observations of the Joint Committee In pursuance of the issues raised by the petitioner, the joint committee visited the Bicharpur coalmines, its water treatment plant, drains in the surrounding areas, Sone River, Murna Riverand inhabitant villages in the surroundings. The factual status and observations made by the joint committee are detailed below:
7.1 Status of M/s Ultratech Cement Ltd. Bicharpur coal mine operation i. The unit is having valid regulatory approvals for the operations of the mine.5
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ii. The mining operation was started in the year 2021 and till present in total 1249615 MT of coal is mined by the unit from Seam- IV and III of underground Bicharpur coalmine.
iii. The total mining lease (ML) area allotted to the unit is of 500 Ha which include 75.75 Ha of protected forest, 35.06 Ha of revenue forest, 319.45 Ha of agricultural land and 69.732 Ha of govt. land. Presently, only 4.176 Ha of land is acquired by the unit within the core zone for mining project. While 10.56 Ha land is allotted outside the lease for township development.
iv. The villages in the ML area are Bicharpur, Senduri and kalyanpur villages. There are 03 major drains in the area viz. Bagtha nalla, Lotna nalla and Murna nalla. Lotna nalla which flows from south to northdivides the mining block into two parts. Bagtha& Lutna nalla flow from west and east respectively in the northern part of area and joins Lotna nalla within the block.
V. The underground mining is done by the unit using mechanised bord and pillar method with caving. Mechanisation is done by two sets of continuous miners with shuttle cars and multi roof bolters.
vi. The mined coal is transferred to the surface bunkers through covered conveyor belts from underground to surface and stored in coal bunkers (4nos, each of capacity- 150 MT). From the bunkers, coal is unloaded and dispatch to the unit's cement plant through closed trucks/ dumpers.
vii. When in full operation, the total water requirement of the unit is about 740 KL which include 60 KLD for domestic use and 540 KLD for mining operation, 90 KLD for dust suppression, 30 KLD for fire- fighting/ washing, 10 KLD for green belt as detailed in the below table:
viii. For domestic use, water is being extracted from the borewell (depth- 30m) available at the site for which the unit has obtained NOC from the CWGA, valid till 26.09.2026. Flow meter is installed at the intake point.6
O.A. No.163/2025(CZ) Ashok Patel Vs. State of Madhya Pradesh & Ors.
ix. The requirement of water for mining operation is fulfilled through mine discharge water, which include cutting & bolting machines and spraying on roads for dust control& others.
X. The daily quantity of generated mine discharge water is about 1895 KL from seam-III & seam-IV which is managed through sumps provided at underground with adequate retention period to allow settling of silt materials.
Mine seepage water generated from Seam-IV is collected sequentially in a face sump (200 m³ capacity), an intermediate sump (500 m³ capacity), and a main sump (9,000 m³ capacity).
Mine seepage water generated from Seam-III / Inclines is collected in a main sump having a capacity of 500 m³.
The total seepage water from the sumps, amounting to approximately 1,895 m³/day is pumped to the RCC raw water tank of the Mine Water Treatment Plant (WTP) having a storage capacity of 2,000 m³.
xi. The mine water is treated into 2000 KLD mine water treatment plant established at the site based on sedimentation. It includes 02 nos. RCC settling tank each of capacity 1000 KL where mine water is retained for settling of the silt followed by 02 Nos. of multi grade filter (MGF) each of capacity 75 m³/hr and then treated mine water is stored in the treated water tanks of capacity 2 x 1000 KL. No chemical dosing is done. During the visit, treatment plant was found operational.
xii. Separate flow meters are provided at pumping lines of seam-III & seam-IV at WTP inlet. During the visit, totaliser reading recorded was seam-III: 29032 m³ and seam-IV: 449108 m³ respectively. As verified from logbook records, the maximum mine water pumped at WTP was about 1800 KLD.
xiii. No flow meter is installed at the outlet of the WTP to record actual discharge. However, the unit is maintaining logbook for treated mine water discharge to meet agricultural requirements by villagers.
xiv. The treated water from the Water Treatment Plant is recycled and reused within the mine for operational purposes such as Continuous Miner operations, Rigid Bolting, fire-fighting, dust suppression, and green belt development (680 KLD) and surplus treated water is supplied to a Lakha pond at Senduri village as well as for agricultural requirements raised by farmers (190 KLD). The remaining treated water is discharged into Lotana Nallah (930 KLD).
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xv. As presently, the mines are not in operation, about 1250 KLD treated mine water is being discharged into the lotana nallah which finally leads to Sone River through its tributary murna river.
xvi. However, as per CTO condition, mine management has to be complied with the additional condition of ground water recharging in nearby villages instead of discharging mine water into drains. Presently this work is done for only in 01 village viz, Lakha Talaab at Senduri village.
xvii. The samples were collected from inlet & outlet of mine water treatment plant. The analysis results are as under:
Except pH, all values are in mg/L All the analyzed parameters were observed within the prescribed standards as mentioned in the CTO.
xviii. The daily sewage generation is about 50 KLD which is being managed through septic tanks. No Sewage treatment plant is installed by the unit.
xix. The unit has installed 02 Nos. of piezometers attached with digital water level recorder (DWLR) for regular monitoring of water level. During inspection, samples were withdrawn from piezometers and were analysed for basic parameters. The analysis results are as under:
Except pH and EC (µS/cm), all values are in mg/L. All the analyzed parameters were observed within the prescribed standards (IS 10500: 2012).
XX. The unit has installed 01 CAAQMS station near main gate to monitor PM10, PM2.5, SO2, NOx and connected to MPPCB server.
xxi.
The unit has developed 3-Teir plantation and planted high root tree sapling in the mine lease area. As informed, total 12100 nos. of saplings have been planted on an area of 1.2 ha. The density of plantation is 30%.8
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xxii. The unit has taken various measures to control fugitive emissions as-
• Pucca/concrete roads for vehicle movement • Vehicles used for transporting the mineral are covered with tarpaulins.
• Water sprinkling system (97 Nos.) along the road side • Closed conveyor belts for coal transfer from underground to surface bunkers • Mechanical road sweeping machine • Automated Fogger machine for dust suppression xxiii. To manage storm water and to ensure safety during peak rainfall, arrangement of main drain 700 m and garland drain of 1000 m is provided around mine shaft and low-lying areas.
5.2 Survey of Habitations Adjacent to the Bicharpur Coal Project i. The joint committee visited the nearby village's viz. Kalyanpur, Senduri-Baigatola, Bicharpur and interacted with residents of the villages to discuss their issues related to availability of clean drinking water and their health. Also, information related to the activities undertaken by the unit through CSR fund was discussed with the local residents.
ii. It was informed by the villagers that there is no issue related to the availability of drinking water in the village. Houses are having tap connections and water is being supplied under 'Har Ghar Jal Yojna' through community borewells in all 03 villages which is transferred to overhead tanks & then it is supplied to houses/residents. If required, water tanks are available by gram panchayat.
iii. However, some of the villagers raised the issue regarding non- availability of irrigation water during the cultivation period/season and suggested for supply from the Bicharpur coal mining project. iv. The unit has established a pond namely lakha talab with capacity 7.5 lakh litres) where treated mine discharge water is being supplied at Senduri village for ground water recharge & to meet the agricultural requirements of the farmers. But no such facility is available in other villages.
v. The villagers were having no health-related issues due to drinking water and mine operations. However, it was informed by villagers that no health check camps/ Swasth Shivir are being organised by M/S Ultratech BCP in the villages.
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vi. Also, it was informed that no specific works related to education, women empowerment, health care were done by M/S Ultratech BCP in the area.
vii. As told by local villagers, people are using well/handpump water for drinking purpose.
viii. People from Bicharpur village informed that M/S Ultratech BCP provided support & sports kit to school (mini brazil) for promoting football.
ix. During the survey, ground water samples were collected from the borewells/handpumps in villages and were analysed. The characterisation of Ground Water samples of nearby Villages is as given below in the table:
x. The analysis results reveal that all the parameters are found well within the acceptable limits as given in the prescribed standards (IS 10500:2012) 5.3 Status of expenditures made under Corporate Social Responsibility(CSR) i. As per EC conditions dated 16.07.2013, specific condition (i), the CSR expenditure should be Rs.9.375 crores which was mandated to be utilized in 1st five years' time, along with an additional expenditure of Rs 5/T of coal produced.
ii. In compliance to above EC condition, Bicharpur Coal mine has incurred expenditures of Rs.110534312 (Eleven Crore Five Lakh Thirty-Four Thousand Three Hundred Twelve) under the CSR funds during the period of FY 2020-21 to 2021-25.
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iii. As verified from records, the following CSR activities have been executed in villages Senduri, Bicharpur & Kalyanpur (these villages are part of the Mining Lease Area) by M/S Ultratech BCP:
• Laying of pipeline 1.975 Km from water treatment plant of mine to pond of village Senduri and regular supply of water (7.5 lakh litres) as and when required by the farmers. • RCC road from Senduri to Hinglaj mandir.
• RCC concreting in panchayat bhawan of village Senduri. • RCC road (part) connecting from Senduri to Chunia village. • Cultural program in Senduri dated 17.09.2022 • Supply of sports kit to football team of Bicharpur village. • Illumination arrangement and development of football ground and supply of furniture for football club and community centre in Bicharpur village.
• Contribution for football tournaments in Bicharpur village and Shahdol town.
• Supply of school uniforms, shoes and sweaters to students of primary school and Aanganwadi in village Kalyanpur. • Support extended to Mukhya Mantri Kanya Samuhik Vivah/Nikah Yojna as per request of Janpad Panchayat and District Administration.
6.0 Survey &water quality assessment of Sone and Murna River and Local drains During the inspection, the team collected water samples from the local drains carrying the mine discharge from the unit i.e. Lotna nalla, Murna Nalla and; Murna River and Sone River.
The samples were collected from both upstream, downstream and at confluence for drains or rivers to assess any impact on water quality. The collected samples were analysed for primary water quality parameters. The analysis results are presented in the below table:
CHARACTERISTICS OF SAMPLES COLLECTED FROM SURFACE WATER SOURCES IN & AROUND BCP AREA 11 O.A. No.163/2025(CZ) Ashok Patel Vs. State of Madhya Pradesh & Ors.
Except pH, TC/FC (MPN/100 mL), and EC (uS /cm) all values are in mg/L Below Detection Limit (BDL) for TSS is 10 mg/L • The analysis results of all the parameters at majority of locations were observed within the acceptable IS 10500:2012 ranges except for TC/FC which was reported on higher side at Lotna nallah & Murna River attributed due to mixing of domestic sewage from Shahdol city through drains. It is pertinent to mention that the 17 MLD STP at Shahdol city is under construction.
Recommendations:
i. Establish more number of Groundwater recharge structure, construct or reclaim Ponds in nearby villages where water is not being supplied.
ii. Increase the plantation on the road side as per the EC condition. iii. Ensure regular water supply to Senduri-Baigatola, Kalyanpur & Bicharpur villages.
iv. Instead of discharging the surplus treated mine water to Lotna nallah, the same may be supplied to fulfil the water requirement of nearby villages in consultation with local administration. v. To facilitate the regular health camps & shivirs in the nearby villages.
VI Flow meters to be installed at the discharge point at WTP outlet."12
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8. Learned Counsel for the respondent no. 3 has argued that the matter relating to environmental clearance are being governed by the Regional Officer, Bhopal in accordance with the EIA notification after environmental assessment and CPCB has authorized the State PCB under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 to control the pollution.
9. Learned Counsel for the project proponent has submitted that he has gone through report of the joint committee and ready to comply the recommendations of the joint committee. He has further argued that establishment of ground water recharge structure and to provide the surplus treated amount of water to fulfil the water requirement of the villagers is to be implemented in consultation and with aid of the local administration. Accordingly, he has submitted that the Collector should be directed to provide the available facility/land/place/site for ground water recharge structure and utilization of surplus water.
10. In view of the above facts, we accept the report submitted by the Joint Committee consisting the representatives of (i) Addl. Regional Director, MoEF&CC, Bhopal (ii) Joint Collector, District Shahdol, (iii) Regional Officer, State PCB, Shahdol and Scientist of the Regional Office, CPCB and authorities concerned and project proponent to implement the recommendations submitted by the Joint Committee. For implementation of directions no. (i) to (iv) the District Administration/Collector, Shahdol is directed to provide the necessary site in consultation with the project proponent to implement the recommendations.
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With these observations, the Original Application No. 163/2025(CZ) stands disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 11th May, 2026, Original Application No.163/2025(CZ) Earlier O.A. No.564/2025(PB) K 14 O.A. No.163/2025(CZ) Ashok Patel Vs. State of Madhya Pradesh & Ors.