National Green Tribunal
Sourabh Dev Pandey vs State Of M.P. & Ors on 4 August, 2022
Item No.02 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.315/2022
Saurabh Dev Pandey ...Applicant
Versus
State of M.P. & Ors. ...Respondents
Date of hearing: 04.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondents: Mr. Raghav Sharma and Mr. Kanisk Arora, Advocate for
MPPCB
Application is registered based on a complaint received by Email.
ORDER
1. The prayer in the present letter petition sent by Dr. Saurabh Dev Pandey resident of 180/40, Thana Road, Bedhan, District Singrauli is for cancellation of allotment of Suliayari Coal Block to Andhra Pradesh Mineral Development Corporation (APMDC) at Singrauli.
2. The applicant has averred that Suliayari Coal Block has been allotted to Andhra Pradesh Mineral Development Corporation (APMDC) at Singrauli which has been reported to be 22nd most polluted area in the World. Establishment of Suliayari Coal Block will damage the agricultural lands of the applicant and many other farmers apart from damaging big land area of natural dense forest. About 20 lakh trees will be cut on the border of Suliayari Coal Block. These areas are adjoining to dense forest of Chhattisgarh which is rich habitat of hundreds of wild elephants and also an O. A. No. 315/2022 Saurabh Dev Pandey Vs. State of M.P. & Ors.
2- elephant corridor is proposed since many decades. The allotment may be cancelled in view of preventing damage to property and environment.
3. Vide order dated 09.05.2022, this Tribunal constituted a Joint Committee comprising of Regional Office of MoEF&CC, Bhopal, Ministry of Coal, Government of India, PCCF (HOF), State of Madhya Pradesh, SEIAA, State of Madhya Pradesh, State PCB and Collector, Singrauli and directed the same to submit factual and action taken report within two months. The relevant part of the order is reproduced hereunder:-
"In view of the serious allegations made in the present letter petition, we consider it appropriate to have a factual and action taken report from a Joint Committee comprising of representative of Regional Office of MoEF&CC, Bhopal, Ministry of Coal, Government of India, PCCF (HOF), State of Madhya Pradesh, SEIAA, State of Madhya Pradesh, State PCB and Collector, Singrauli and direct the same to verify the factual position, look into the grievances of the applicants and take remedial action in accordance with law by following due process within one month from the date of receipt of a copy of this order. State PCB will be the nodal agency for co- ordination and compliance. Factual and action taken report may be furnished 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...."
4. In compliance thereof, the Joint Committee inspected the area on 05.07.2022 and has submitted report vide email dated 19.07.2022. The relevant part of the report is reproduced as under:-
"2.0 About Suliyari Mine :
2.1 The Suliyari Mine is situated in the Sarai Tehsil of the Singrauli district. The mine is situated on the Suliyari-
Dongri Road, which passes through the mine lease area, and is proposed to be shifted in due course of time. Mine coordinates are -
Latitude: 23055'30.23" N to 23058'17.12" N and Longitude: 82018' 46.09" E to 82020' 51.08" E. The mine is not situated in the designated Critically Polluted Area of Singrauli, the road distance is approximately 65-70 km while the aerial distance is approximately 30 km. An indicative google earth screenshot is placed as ENCLOSURE 1.
O. A. No. 315/2022 Saurabh Dev Pandey Vs. State of M.P. & Ors.
3- 2.2 The forest area diverted for this mine neither comes under any National Park nor in any Wildlife Sanctuary. Mine area is away from Eco Sensitive Zone of Sanjay Tiger Reserve. 2.3 The mine lease area is 1298 hectares and it falls in 9 villages, namely Amadand, Amraikhoh,Bajaudi, Dhirauli, Jhalari, Majhaulipath and Seerswah.
2.4 The mine of the Andhra Pradesh Mineral Development Corporation (APMDC) has been granted Environmental Clearance (EC) as per the provisions of the EIA Notification, 2006 by MoEF&CC on 12-04-21, for a capacity of 5 MTPA. A copy of the EC is placed as ENCLOSURE 2. The mine has been granted CTO by the MPPCB, presently for the mining in 95 hectares of the land which is valid till 31-07-2022, a copy of which is placed as ENCLOSURE 3.
2.5 As per the EC, the land use details of the mine are as under:
S.No. Land Use Within ML Outside Total
Area ML Area
Agriculture Land 251.860 - 251.860
Forest Land 259.239 - 259.239
Waste Land 396.720 - 396.720
Grazing land 0.00 - 0.00
Surface Water Bodies 46.060 - 46.060
Settlements 51.990 - 51.990
Others (Barren Tenancy 292.131 - 292.131
Land)
Old Excavation Area(East - - -
Quarry)
Old Excavation Area(West - - -
Quarry)
Old OB Dumps - - -
Road & Mine Infrastructure - - -
R & R Colony (Proposed) - 118.5 118.5
Staff Colony (Proposed) - 5.0 5.0
Green Belt - - -
Balance Area - - -
Total Project Area 1298.000 123.5 1421.5
3.0 Forest Area & Trees :
3.1 The forest cover which falls in the mining lease area of the APMDC Suliyari mine is 259.239 hectares, which includes 226.349 hectares of forest area and 32.89 hectares of revenue forest. Out of this, 156.68 hectares is protected forest area while 69.669 hectares is reserve forest. 3.2 The final approval / stage II clearance for the diversion of 259.239 hectares of the forest land for Suliyari Open Cast Coal mining in favour of APMDC has been granted by MoEF&CC on 15-06-2021, a copy of which has been placed as ENCLOSURE 4.
3.3 Unlike mentioned in the letter complaint, the no. of tress that have been recorded in the records of the forest O. A. No. 315/2022 Saurabh Dev Pandey Vs. State of M.P. & Ors.
4- department as well as the revenue department are as under:
Land Details Area (Hectares) No. of Trees
Forest Land 226.349 15710
Revenue Forest 32.89 458
Revenue Area Privately Owned 19191
land
Government Land 13101
TOTAL: 48460
Apart from the above count, few pollarded trees are also available in the forest area, which is approximately 2000-2500 in numbers. The details of the tress in revenue land and rehabilitation area are placed as ENCLOSURE 5.
3.4 Felling of the trees after Stage II diversion of the forest land, has been started and around 7900 tress have been fallen. Approximately an area of 89 hectares of forest land and 32.89 hectares of revenue forest land has already been handed over to the project proponent. During the forest inspection, the reserve forest density has been found to be better than the protected forest density. A few patches of diverted forest land is having moderate dense forest while most of the forest area is found to be open forest. 3.5 Project Proponent has made available equivalent non forest land for the compensatory afforestation. In addition to this, a sum of Rs. 9,93,51,319 has also been deposited in CAMPA account for undertaking plantation work. The area preparation work like fencing of area, pit digging etc for plantation has been started and plantation will be done in July, 2022.
3.6 Thus, the notion of the complainant that trees, numbering 20 lacs will be fallen and cut, was not found to be correct during the inspection by the team and has been found to be highly exaggerated.
4 Elephant Movement and Corridor :
4.1 It is respectfully submitted that the working plan for this area was prepared way back in 2008. At that point in time, there would have been elephant movement in the area and provision had been made in the plan for conserving the elephant corridor.
4.2 However no movement of the elephant in the area has been noticed for the last 12-15 years by the forest department.
During inspection, the senior and aged villagers have reported that they have also not seen or heard of the elephant movement in the nearby areas for last many years. O. A. No. 315/2022 Saurabh Dev Pandey Vs. State of M.P. & Ors.
5- 4.3 A new working plan for this region is under preparation and the contention of the complainant that the project of the elephant has been shelved (ठं डे ब े मे डालिदया) is misconceived and unfounded.
4.5 To mitigate the adverse effects of this mine on elephants, a Wildlife Management Plan has been prepared and this wildlife management plan is duly approved by Chief Wildlife Warden of Madhya Pradesh. A copy of approval dated 16-919 is enclosed as ENCLOSURE 6. User agency has deposited an amount of Rs. 31.05 Cr. in CAMPA fund for implementation of this management plan.
5. Conclusion:
5.1 Based on the inspection by the joint committee, following conclusions are drawn, which are as under:
The Suliyari Open Cast coal mine of the APMDC has been granted EC by MoEF&CC, Forest Clearance Stage II by MoEF&CC, CTO by MPPCB.
The mine is situated far away from the designated CEPI area of the Singrauli Critically Polluted Area (now severely polluted area).
The number of tree felling and destruction of thick and dense forest were found to be unfounded and misconceived. As complained that 20 lac numbers of tress will be destroyed, the tree feeling number is only around 50,000, against which compensatory plantation @ 1000 numbers per hectares will be undertaken in an area of approximately 259 hectares. Also mine management will plant trees within reclaimed mining lease area of 704 hectares approximately.
Elephant movement in the area has not been noticed for the last 12-15 years. Hence there seems to be no perceivable threat to the "Elephant Corridor". Also a Wildlife Management Plan amounting to Rs 31.05 Cr has been approved by Chief Wildlife Warden, which is being implemented."
5. We have gone through the report. In the report, it has been mentioned that the mining site is away from Sanjay Tiger Reserve without giving the distance. Condition no. (xviii) in environmental clearance letter dated 12.04.2021 issued by Government of India, Ministry of Environment, Forest and Climate Change, Impact Forest Division reads as under:-
"(xviii) No National Parks, Wildlife Sanctuaries and Eco-Sensitive Zones have been reported with 10km boundary of the project except Sanjay Gandhi Tiger Reserve ESZ boundary wherein the project is at about 7.8 kms from ESZ boundary."
O. A. No. 315/2022 Saurabh Dev Pandey Vs. State of M.P. & Ors.
6- It is evident from the above said environmental clearance itself that the mining site is within 10 kms from Sanjay Gandhi Tiger Reserve ESZ boundary.
6. The Project was considered by the sectoral Environmental Appraisal Committee (EAC) in its 56th EAC meeting held on 30.06.2020 and 9th meeting held on 26.02.2021 which recommended for grant of environmental clearance. Copies of the EIA and EMP reports, on the basis of which clearance had been granted, be filed before this Tribunal.
7. As mentioned in para (xxi) of the above referred environmental clearance letter public hearing for the project of 5 MTPA capacity in an area of 1298 ha was conducted on 30.08.08.2019 at Playground of Government High School, Majhaulipath (core zone). Major issues raised in the public hearing included (1) Land Acquisition and R & R (2) Employment to locals (3) Plantation, Green belt development, (4) Compensatory Afforestation (5) Conservation of bio- diversity (6) Wildlife Conservation (7) Air Pollution. Appropriate action to address the issues raised in the Public hearing was proposed to be taken up. Since more than 45 percent population that is going to face displacement comprises of tribals, the clearance from the Ministry of Tribal Affairs, Government of India is also required. Amount of Rs. 9.9 crores has already been deposited with CAMPA for compensatory afforestation in lieu of the forest diverted i.e. 259 ha, but there is no mention of area/location where afforestation is to take place and the species to be planted. Copy of the detailed Action Plan prepared in this regard be furnished to this Tribunal. The project involves 1386 affected families and the Project Proponent has plan for Rehabilitation and Resettlement as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Copy of the detailed Action Plan about the Rehabilitation and Resettlement of the population which are likely to be displaced be filed before this Tribunal. The Action Plan should clearly spelt out O. A. No. 315/2022 Saurabh Dev Pandey Vs. State of M.P. & Ors.
7- the area where displaced persons will be resettled with details of civic amenities in the new villages, Rehabilitation and Resettlement package to be provided etc.
8. Copies of EIA/EMP/Action Plans referred to above be filed within two months by way of E-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
9. Notice, along with the application and the report of the Joint Committee be issued to the Project Proponent through Executive Director, M/s The Andhra Pradesh Mineral Development Corporation Limited, 295/1D, 100 Feet Tadigadapa to Anikepadu Road, Kanur, Vijaywada- 521137, Andhra Pradesh, Principal Chief Conservator of Forests (HoFF and Wildlife), Government of Madhya Pradesh, Director, Sanjay Gandhi Tiger Reserve, Chairman, State Board of Wildlife, Madhya Pradesh requiring them to file their response/ reply to the allegations made in the application as well as observations made in the report of Joint Committee within two months by way of E-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
10. List the matter for further consideration on 21.10.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 04, 2022 AG