National Green Tribunal
Shivpal Bhagat vs Union Of India on 23 August, 2018
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
REVISED ORDER
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 104/2018
(M.A. No. 279/2018 & M.A. No. 858/2018)
IN THE MATTER OF:
Shivpal Bhagat &Ors.
Vs.
Union of India & Ors.
CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER HON'BLE DR. NAGIN NANDA, EXPERT MEMBER Present: Applicant: Mr. Ritwick Dutta, Mr. Saurabh Sharma, Mr. Utkarsh Jain, Advs.
CPCB: Mr. Rajkumar, Adv. with Mr. Nishat Ahmed,AL MOEF&CC: Mr. Rakesh Mahajan, Adv. State of Chhattisgarh: Ms. Shashi Juneja, Adv.
Date and Orders of the Tribunal
Remarks
Item No.
01 1. Prayers in this application are as follow:
August 23, "i. Pass an order thereby directing the State of 2018 Chhattisgarh and the Chhattisgarh Environment R Conservation Board to take proper steps with respected to remediation/clean up of the environment including soil, water and air in villages Kosampalli, Dongamahua, Kodkel, Kunjemura and Regaon which fall under the Tamnarblock and villages of Gharghoda block of Raigarh District.
ii. Pass an order thereby directing the Chhattisgarh Environment Conservation Board to issue appropriate directions to industries including those referred to in Paragraph 3 that they should not cause contamination of environment including soil, water and air and ensure time-bound compliance of the same.
iii. Pass an order thereby directing Chhattisgarh Environment Conservation Board or Central Pollution Control Board or other competent agency to do proper study about the contamination and pollution of entire TamnarandGharghodablocks and take proper steps for remediation/clean up.
iv. Direct MoEF&CC, State Environment Impact Assessment Authority, Chhattisgarh and Chhattisgarh Environment Conservation Board that 'No' further permission for new project or their expansion in cases of mines, Thermal Power Plant/Washery in the Tamnar and Gharghoda region until-
a) A cumulative impact assessment of existing mines, Thermal Power Plants and Washeries 1 on the environment in the region.
Item No. 01 b) A cumulative impact assessment of existing mines, Thermal Power Plants and Washeries August 23, on the health in the region.
2018R
c) Directions be passed for evaluation of human exposure and health impacts in Raigarh.
d) An overall assessment of environment and health carrying capacity of the region in relation to the Proposed expansion and new Projects and till a time a moratorium is imposed.
v. Pass directions that CECB should ensure that project proponents in the Tamnar and Gharghoda blocks, RaigarhDistrict to permanently stop disposal/discharge of industrial waste including slag, rocks and fly ash on the land owned by the local villagers or on community land and forest land that comes under Tamnar and Gharghoda Blocks in Raigarh District, Chhattisgarh and restore the said agricultural lands and village commons land to their original state as they were before the said dumping began.
vi. Pass directions to the CECB that no Thermal Power Plant should dump ash in mines and low lying areas for backfilling and to check leaching in these areas where fly ash has been dumped.
vii. Direct the CECB to initiate legal action against the Project proponents for carrying out the illegal and unauthorized activities in disregard of the environmental laws and interests of the applicants herein."
2. Case of the applicant is that large number of coal mines and coal washeries are operating in District Raigarh in the State of Chhattisgarh including M/s Jindal Power Limited, M/s Jindal Power and Steel Limited, M/s TRN Energy Private Limited, M/s Mahavir Energy & Coal Benefaction Limited, M/s. Hindalco Industries Limited and M/s. Monet Energy Limited, SECL.
3. It is alleged that on account of their operation, severe contamination of air, water and land is taking place. The applicants made their own enquiry. Their 2 observations are:
Item No. 01 "1. Extremely poor air quality in and around the villages bordering the mines, thermal power August 23, plants and coal washeries.2018
R
2. It was noted that there were several reports of drastic depletion of ground waterlevels owing to extraction by the industries. The team was informed that in some places the water table had fallen from 30-40 feet to as low as 250 feet. At least 90 out of the 116 villages in Tamnar block have been affected by the dropping water table.
3. It was also observed that there was a serious depletion and drying of surface water resources due to dewatering effect of mines.
4. Serious contamination of surface and ground water was noticed. It was primarily through:
a. Direct discharge of pollutants and waste water streams from mines, TPPsand washeries, including the Captive Power Plant at Dongamahua, Gare IV/1, IV/2,IV/3,IV/4,IV/5 mines, the ash dumps of Jindal Power plant and Mahaveer Power plant, and several others sources.
b. Contamination of surface and ground water and agricultural fields due to leaching and overflow of pollutants from ash ponds, ash dumps, coal dust, flyash dust etc. c. Contamination of ground water through leaching and other means.
5. Drying of rivers and water sources due to diversions to industry.
6. Underground mine Tire and smoke was noticed in Nagramunda village at the Gare IV/1 mine.
7. Coal ash from power plants was dumped in and near agricultural Tields and places of habitation leading to contamination of water sources, which would ultimately enter the food cycle.
8. Coal mines have illegally expanded and are threatening places of habitation in villages like Kosampalli.
9. Rehabilitation of villagers displaced by expansion of mines was neither adequate nor complete.3
10. Severe impact of all these taken together on Item No. the livelihoods, health and well-being of the local 01 communities."
August 23,
4. It is further stated that have found adverse impact 2018 R on health of inhabitants in the following manner:
"1. Total of 12 toxic metals including Aluminum, Arsenic, Antimony, Boron, Cadmium, Chromium, Lead, Manganese, Nickel, Selenium, Zinc and Vanadium were found in the water, soil, and sediment samples taken around the region.
2. Out of the 12 toxic metals found, 2 are carcinogen and 2 probable carcinogen. Arsenic and Cadmium are known carcinogens and Lead and Nickel are probable carcinogens.
3. Many of the metals cause respiratory disorders, shortness of breath, lung damage, reproductive damage, liver and kidney damage, skin rashes, hair loss, brittle bones, nausea, vomiting, diarrhea, stomach pains, muscle and joint pain and weakness etc.
4. Humans and animals in the area are at risk of amplified harm because of the exposure to multiple toxicants and carcinogens all at once. Many of these toxic chemicals adversely affect the same organ (e.g., lungs, kidneys) or have similar impacts (cancer, skin damage, damage to reproductive system). It is clear that there is an increased cumulative threat when the exposure is to many toxic chemicals at the same time.
5. Many chemicals found are known to bio accumulate and move up the food chain."
5. The applicants suggest that following steps should be immediately taken:
"1. Initiate continuous and long-term monitoring of emissions in the region and publish the results periodically and issue advisories. This should include the comprehensive monitoring of air, soil and waterbodies, drinking water and fish in the region.
2. Use the pollution data to apprehend polluters and take corrective remediation action to bring levels of dust and heavy metals in dust to below detection limits in residential areas.
3. Commission a Cumulative Environmental and Health Impact Assessment study of the densely industrialized areas of Tamnar block.4
4. Commission a study to assess the carrying Item No. capacity of the densely industrialized areas of 01 Tamnar block for any further industrialization. August 23,
5. Enforce a moratorium on any expansion of 2018 R coal mines and coal-fired thermal power plants and any other polluting industries in the region pending the findings of the study.
6. Provide for long-term health monitoring by initiating health studies among the residents of villages and workers in and around Tamnar, Chhattisgarh.
7. Set up specialized health care infrastructure operated by the Government Health department at polluters' cost to cater to pollution-impacted Tamnar residents and factory workers.
8. Set up an oversight committee comprising of government officials from various departments (including the pollution control board, health and local administration) and local residents from various villages to oversee the time-bound execution and implementation of the above- mentioned recommendations."
6. Reference has also been made to air samples, water samples, soil samples, fly ash samples, sediment samples and newspaper reports. News item dated 04.12.2017 in New Indian Express is as follows:
"The Raigarh region some 230 km east of Raipur, has seen a substantial increase in mining and coal-fired power generation since 2002. 'Dangerous levels of toxic substances, including heavy metals, found in air, water, soil, and sediments samples are likely to be connected to poor health experienced by residents in the vicinity of these industries'...."
7. The matter was considered by this Tribunal in the matter of Dukalu Ram vs. Union of India & Ors. (O.A. No. 314/2014 (CZ)). The Tribunal constituted a Committee on 18.04.2017 consisting of Dr. Satish Sinha, Expert, IIT-ISM Dhanbad, Shri Abhijeet Sinha, Chief Manager, CMPDIL, Ranchi, Shri PurushottamSakhare, Scientist 'D', MoEF and Dr. Suresh Kumar Adapa, Scientist 'D', MoEF Regional Office Nagpur.
58. An inspection was carried out by the above Item No. 01 Committee and following observations and suggestions August 23, were made:
2018R "Observations and suggestions:
ii. (...) The Committee was of the view that pursuant to grant of environmental clearance, monitoring of project is the only criteria to assess the seriousness of the proponent towards environment. No significant improvement in compliance of environmental safeguards has been seen post December, 2016. (...) (...) v. Regarding diversion of Bendranallah, no sincere efforts have been taken so far. About 1230 m stretch of nallah flow along the mine lease. (...) The delay caused in the process of diversion shows non-seriousness of the proponents towards surface water quality. (...) (...) vi. Construction of embankment of 5km length between river Kelo and mining lease was not complied so far. The conditions of the environmental clearance are for compliance. This condition was for protection of surface water body from pollution caused due to mining operation. Despite operation of mine since 2006, the proponent has not shown any seriousness towards this important condition pertaining to surface water quality and therefore, it could be mentioned with certainty that the earlier proponent is more responsible for this non- compliance.
(...) ix. The coal transportation is being done by road, which is in violation of the clearance letter.(...) xi. Raging of fire in the mining pit and dumps is really a cause of concern and needs immediate redress. The Committee felt that the smoke from the fires (containing Carbon Monoxide & H2S) is creating health problems for the villagers. For quenching of fire, fly ash is being used by the proponents, instead of clay pasting. Due to fire raging ambient temperature is increasing, which is adversely affecting the environment. Necessary timely action required to combat the fire and local people be involved in the fire fighting team.
xii. Due to fire, the area is witnessing heavy smoke, which is adversely affecting the health of inhabitants and their livestock and other lining beings. It is also resulting in to increase in 6 ambient temperature due to inversion, i.e. Item No. trapping of pollution close to ground. Necessary 01 timely action is required to combat the fire and abate the pollution. Local people may also be August 23, involved in the fire fighting team.2018
R xiii. The Committee felt that despite rain on the day of site visit, the levels of air pollution in the area appeared to be on very higher side.(...) (...) xiv. The development of green belt has been neglected both by the earlier proponent and the new custodian akin. They are not clear about the concept of greenbelt and always confusing with plantation. As the name itself explain the meaning of green belt. i.e. a belt of plants around the activity area to attenuate the pollution.(...) (...) xv. Depletion of water table is also a cause of concern as a result of mining. The water tables have been punctured as a result the mine drainage is very common resulting both surface and also ground water. As a result, the hand pumps in the surrounding villages are reported drying.
Conclusion (...) ii. The Committee felt that M/s JSPL has not taken the environmental clearance seriously and focused primarily on exploitation of mineral coal. It was seen by the Committee that many of the environmental clearance conditions were not complied with. The green belt development is the first and foremost important activity before commencing any activity at the site with objective to attenuate the pollution; however, no sincere efforts were paid to this. Green belt per say was not seen at any places in the mining site. The locals have also complaint about the Company for neglecting their genuine demand. The issue of OB dump was also not very seriously attended. If there is no new OB dump, why the proponent had not requested the Ministry for deletion of this specific condition. The internal roads were not black topped, which has resulted more dust pollution in the working area and also in and around habitation. (...)"
9. The matter was again dealt with by the Tribunal on 31.07.2018 in the aforesaid case i.e. - Dukalu Ram &Ors.
Vs. Union of India &Ors.,and order passed constituting a 7 three Members Committee comprising of (i) Item No. 01 Representatives from Indian Institute of Forest August 23, Management, Bhopal 2018 R
(ii) Representative from the Indian School of Mines, Dhanbad and
(iii) Scientist/Engineer from Regional Office, Central Pollution Control Board.
10. Since the matter is stated to be overlapping with the Original Application No. 200/2018 titled Dukalu Ram &Ors.
Vs. Union of India &Ors., which is being looked into by a Tribunal appointed Committee, we refer this matter to the said Committee. The Committee may examine the comprehensive status of ambient air quality, land and water environment in the area, factors contributing to environmental degradation, remediation measures to improve quality of soil, status of installation of pollution control devices by the industries, other ameliorative measures, carrying capacity, assessment of affected blocks. The Committee may obtain a joint inspection report from the Central Pollution Control Board and State Pollution Control Board. The Committee may also consider the schemes prepared by the Ministry of Environment, Forest and Climate Change. The applicant will be at liberty to furnish all relevant documents to the Committee and to put forward their views to the Committee. The Committee may also involve the District Administration for implementation of the recommendations and send a report to this Tribunal within three months by E-mail at [email protected] .
A copy of this order be sent to the concerned 8 authorities by E-mail.
Item No. 01 The application is disposed of accordingly. August 23, Put up for consideration of the Report of the 2018 R Committee in the month of February, 2019.
.........................................., CP (Adarsh Kumar Goel) ..........................................,JM (S.P. Wangdi) ..........................................,EM (Dr. Nagin Nanda) 23.08.2018 9