National Green Tribunal
Mukesh Singh vs Moef&Cc& Ors on 12 January, 2026
Item Nos. 05-06 Court No. 1
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
M.A. No. 94/2022
In
Original Application No. 113/2020
Ramesh Chander Verma Applicant
Versus
MoEF&CC& Ors. Respondent(s)
With
Original Application No. 580/2022
Mukesh Singh Applicant
Versus
State of UP & Ors. Respondent(s)
Date of hearing: 12.01.2026
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondents: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for UPPCB
Ms. Suhasini Sen & Ms. Sista Srinivas, Advs. for MoEF & CC
Mr. Ashutosh Thakur & Mr. Chandra Pratap, Advs. for Northern
Coalfields Ltd.
Mr. Gigi. C. George, Adv. for the State of UP & M/o Coal
Mr. Saurabh Balwani, Adv. for CPCB (Through VC)
ORDER
1. The Respondent-MoEF&CC has placed on record the minutes of the personal hearing held in respect of the project Khadia Opencast Project of Northern Coalfields Limited (NCL) village Nawatola Khadia, District Sonbhadra, Uttar Pradesh on 26.12.2025. The said minutes of the meeting refers to the SCN response review report and places on record the EC conditions which are yet to be fully complied with. The tabulated information recorded in this minutes of the meeting is as under:-
1"xxx xxx xxx
6. It was followed by a presentation made by M/s Norther Coalfield Limited on the actions taken to comply with the conditions. PP presented documentary and pictorial evidence of the ATR. The same was deliberated in detailed during the hearing. Accordingly, condition-wise conclusion during the personal hearing in reference to submission of PP, taking into consideration the views of RO, and outcome of deliberation is as given below:-
S. EC condition Status of compliance Submission of the Project No. reported by RO in report Proponent during PH and dated 06.10.2025 conclusion
1. Mining area should be Partially Complied PP during the meeting granted by green belt submitted that having thick closed thick Plantation has been canopy of the tree cover. Based on the submitted carried out over (Specific Condition- xx of SCN response and 219.16 ha of overburden EC dated 23.03.2016) subsequent site inspection dumps till date, conducted by the Regional including office, it has been found that 3 ha during FY 2025-26 the development of green through the Renukoot belt work has been assigned Forest Division, with to the Renukoot Forest additional green belt Division by Khadia OCP. development proposed Besides, the development of over 270 ha in MP and green cover on 05 ha of land 100 ha in UP using native, has been given to ICFRE, is broad-leaved species a premier Institute working through designated State on land degradation etc. As agencies and ICFRE.
informed, the outcome of the Further, bio-reclamation ICFRE work will also apply to measures are other areas of the mines for being strengthened better development of the through ICFRE-led green belt. It is also required interventions and to strengthen the plant innovative methods such density on OB and fil the gap as drone-based seed ball that arise due to various spraying on OB dumps, reasons on OB with suitable which will be continued in plant saplings subsequent monsoon seasons.
The Chairman observed that placing the liability for plantation with the Divisional Forest Officer (DFO) is not appropriate.
While the technical execution of plantation activities may be carried out through the State Forest Department/ICFRE or any other implementing agency, the overall responsibility and liability for plantation, including survival and maintenance, shall rest solely with the Project Proponent and shall not be transferred to the DFO or any other agency.
Accordingly, the Project
Proponent shall ensure
effective monitoring, conduct survival audits, and ensure compliance with the stipulated plantation and bioreclamation obligations.
In view of the above clarification and the submissions made, it was concluded that the condition is being complied with.
22. There shall be no overflow ---same as above---- ---same as above---
of OB into the river and into the agricultural field and massive plantation of native species shall be taken up in the area between river and the project. (Specific Condition-
xxii of EC dated 23.03.2016) `3. Further, it may be ensured ---same as above---- ---same as above----
that as per the time schedule specified in mine closure plan it should remain live till the point of utilization. The topsoil shall temporarily be stored at earmarked site(s) only and shall not be kept unutilized. The top soil shall be used for land reclamation and plantation purposes. Active OB dumps shall be stabilised with native grass species to prevent erosion and surface run off The other overburden dumps shall be vegetated with native flora species. The excavated area shall be backfilled and afforested in line with the approved Mine Closure Plan. Monitoring and management of rehabilitated areas shall continue until the vegetation becomes selfsustaining. Compliance status shall be submitted to the Ministry of Environment, Forest and Climate Change/ Regional Office. (Standard Condition f (v) of EC dated 07.02.2024)
4. Catch drains and siltation Partially Complied During the meeting PP ponds of appropriate size submitted that Pucca roads shall be constructed to have been developed at all arrest silt and sediment Based on the submitted SCN the permanent roads. flow from soil. OB and response and subsequent site Khadia OCP has mineral dumps. The water constructed Cement so collected shall be inspection conducted by the Concrete Road of 6.61 KM utilised for watering the Regional office, it has been Length within the mine mine area, road, green belt found that the three-tier premises in order to reduce development, etc. The the dust generation during plantation along the major road drains Shall be regularly transportation of coal. desilted and maintained has not been developed so far. Further, 1.5 KM CC road has properly. Garland drains PP has constructed the CC road also been built in Khadia (size, gradient and length) mines for the movement of of about 6.61 km within the and sump capacity shall light vehicle. Khadia OCP is be designed keeping 50% lease area to avoid further dust committed towards safety margin over and emission. To control the road construction of parking with above the peak sudden blacktopping or cement dust, it is required to blacktop rainfall and maximum concreting, and will be discharge in the area the parking area. Deployment of completed by Sept 2025. adjoining the mine site. a mist gun and water sprinkling Activity for the same has Sump capacity shall also been approved by NCL HQ in the parking area cannot be adequate retention the and currently under period to allow proper sufficient to control the dust tendering stage. In the settling of silt material. emitted from the parking area. meantime, proper sprinkling (Specific Condition-xxiv of is being ensured through Management of OB dumps EC dated 23.03.2016) mobile tankers and truck needs to be improved, including mounted fog cannons. MoU cleaning of the garland drain has been finalised with UP Forest Department for and maintenance of the retained planation besides newly 3 wall, especially during the rainy constructed CC road and mine boundary.
season. As informed, the
plantation is being carried out Overburden dumps are
through the Renukoot Forest being maintained
scientifically with proper
Division. It is also required to technical and biological
strengthen the plant density on reclamation. For the purpose
OB and fill the gap that arises of stability of the OB dump,
a scientific study has been
due to various reasons on OB conducted by M/s CMPDIL,
with suitable plant saplings Ranchi and As per the
report, it is clear that
benching and slopes are
safe for overburden dump.
Garland drains and
retaining walls are being
constructed at the toe of the
dump With regard to density
of plantation, the plantation is being done carried out through Renukoot Forest Division at the density of 2500 Plants per Hectare with 04 years of maintenance. The survival rate of plantation is around 80%. Further, seedball spraying through drone has also been carried out in FY 2025-26 (Total 21150 seedballs were sprayed).
The Chair observed that the construction of the parking area with blacktopping or cement concreting was not completed by September, 2025. The Chair further directed that, in order to effectively control road dust, the parking area shall be blacktopped or cement concreted, as deployment of mist guns and water sprinkling alone is not sufficient to control dust emissions from the parking area.
The status of compliance shall be submitted to the concerned Regional Office (RO), which shall verify the same.
Accordingly the condition may be considered as Partially Complied.
5. The project authorities ---same as above---- ---same as above----
shall undertake regular repairing and tarring of roads used for mineral transportation. A 3- tier green belt comprising of a mix of native species shall be developed all along the major approach roads.
(Specific Conditionxxviii of EC dated 23.03.2016)
6. A Progressive afforestation ---same as above---- ---same as above----
plan shall be implemented at the end of mining, which includes reclaimed External O B dump area (258 ha), Internal OB dump area (808 ha) and Green belt (49 ha) and in township located outside 4 the lease by planting native species in consultation with the local DFO/ Agriculture Department. The density of the trees shall be around 2500 plants per ha.
Massive plantation shall be carried out in open spaces in and around the mine and a 3-tier avenue plantation along the main approach roads lo the mine. (Specific Condition- xxx)
7. An estimated total 1255.72 ---same as above---- ---same as above----
Mm3 of OB will be generated during the entire life of the mine. Out of which 254.33 Mm3 of OB will be dumped in two external OB Dumps an earmarked area covering 258 ha of land. 1001.72 Mm3 of will be tow internal OB dump in covering an area of 808 ha. The maximum height of external OB dump will not exceed 28 degrees.
Monitoring and management of reclaimed dump sites shall continue till the vegetation becomes self submitted to MOEFCC and its Regional Office on yearly basis. (Specific Conditionxxxi)
8. Compensatory Ecological ---same as above---- ---same as above----
& Restoration of waste Land other degraded land and OB dumps in lieu of breaking open the land be carried out (Specific Condition-xxxiii of EC dated 23.06.2016)
9. The entire excavated area, ---same as above---- ---same as above----
backfilling, external OB dumping (including topsoil), and afforestation plan shall conform to the "during mining" and "post-
mining" landuse pattern, as outlined in the approved Mining Plan and the EIA/EMP submitted to this Ministry. Progressive compliance status concerning the postmining land-use pattern shall be submitted to the MOEFCC/RO. (Standard Condition f (iii) of EC dated 07.02.2024
10. Encourage the use of The Matter is related to EAC PP submitted that Khadia cleaner fuel in trucks. If the Opencast Project applied for road needs to be widened (Coal) Based on the submitted exemption of this condition up to the nearest railway SCN response and subsequent to MoEF&CC, New Delhi siding, the same should be site inspection conducted by the vide EC amendment constructed to avoid traffic proposal no. congestion (Addition al Regional office, it has been IA/UP/CMIN/509697/2024 Specific condition-ii) of EC found that the PP is equipped submitted on 01.12.2024. dated 2022) with three nos. of draglines for The proposal was considered in 33rd meeting handling of overburden, which of EAC (Coal) held on are not only electricity driven but 14.10.2025. As per Minutes also reduce truck movement of the meeting available on Parivesh Portal, the said (which would otherwise be 5 required for transportation of condition is not binding in nature. Further EC overburden), 06 nos. of shovel amendment has also been and 07 nos. of drills are granted with the condition electrical driven, which are amended to 'PP shall explore the feasibility for engaged for excavation. In deployment of dumpers/ addition to above, Coal is being trucks/other vehicles/ transported through conveyor passenger cars as electrical or CNG/LNG based for belts of Coal Handling Plants of transportation of coal / OB 04 MTPA and 06 MTPA, which etc. Considering the ambient are electricity driven and air quality, all the vehicles carrying the coal shall reduces truck movement (which comply the BS-VI standards"
would otherwise be required for For the purpose of exploring transportation of coal by road the possibility to deploy CNG/LNG/ electrical within mine premises) and a dumpers /trucks/other Rapid Loading System of 04 vehicles in NCL, a letter MTPA is under construction, seeking availability of such vehicles have been which shall be electricity driven.
submitted on 06.08.2024 to As informed, the trial run for the all major Manufacturers and use of the XtraGreen diesel is to response of them are still awaited. The Chair agreed start within one month. PP has with submissions of the PP.
also informed that the exemption application of this condition has also been submitted to MoEF&CC, New Delhi, vide EC amendment proposal no.IA/UP/CMIN/509697/20 24
submitted on 01.12.2024.
However, the application is yet to be considered in EAC
11. PP shall explore at least ---Same As Above--- ---Same As Above---
20% of the overall fleet of
dumpers, trucks, and other
vehicles as electric or
CNG/LNG-based for the
transportation of coal,
overburden, etc. (Specific
condition xxviii) of EC
dated 07.02.2024)
dumpers, trucks, and other
vehicles as electric or
CNG/LNG-based for the
transportation of coal,
overburden, etc. (Specific
conditionxxviii) of EC dated
07.02.2024)
12. PP shall commission the Partially Complied PP informed the Chair that
additional Rapid Loading an application was
System (Silo) of 4.0 MTPA Based on the submitted SCN submitted before MoEF&CC
before December 2024, in response and the subsequent for amendment of the said
addition to the existing coal site inspection conducted by the condition for extension of
transportation facility, Regional office, it has been timeline given for completion
which includes 2 nos. of found that the construction work of additional RLS. The
CHPs with Silo loading of the rapid loading system was proposal was considered in
facility of 10.0 MTPA and a in progress on the site and will 33rd meeting of EAC (Coal
Merry Go-Round (MGR) be completed by February 2026. Mining) held on 14.10.2025. arrangement. (Specific It is required to expedite the Based on the EAC, amended condition-i) of EC dated above work on a priority basis EC vide J11015/255/2006- 07.02.2024) IA-II(M) dated 19.11.2025 with EC identification no.
EC24A0101UP5538506A, the timeline for completion of RLS has been extended till June 2026. Khadia OCP is committed towards completion of additional RLS by June 2026 The Chair agreed with submissions of the PP.6
2. It has been pointed out by learned counsel appearing for the MoEF&CC that when the earlier report was filed by the MoEF&CC at that stage, four EC conditions were not complied with and others were partly complied. But in the meanwhile, the progress has taken place in respect of compliance by the NCL, therefore, this fresh status recorded in the minutes of the meeting reflects a picture different from the one which one disclosed by the MoEF&CC in its earlier report.
3. When the matter was heard earlier on 10.10.2025, it was disclosed that the environmental compensation of (₹) 33,60,000/- was imposed for 112 days default period from 28.11.2024 to 18.03.2025. Hence, the UP PCB was directed to calculate the environmental compensation for subsequent period of default and submit fresh action taken report. No such report has been submitted by the UP PCB till now. Shri Pradeep Mishra, learned counsel for the UP PCB submits that since in the meanwhile the progress in compliance of the Environmental Clearance conditions has taken place, therefore, the environmental compensation could not be calculated. UP PCB can calculate the EC in phased manner covering the different period of non-compliance /partial compliance as the gradual progress has taken place. Shri Mishra, learned counsel for the UP PCB seeks three weeks' time to calculate the environmental compensation for subsequent period of non-compliance/partial compliance.
4. List on 06.04.2026.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM January 12, 2026 M.A. No. 94/2022 in OA No. 113/2020 Original Application No. 580/2022 A 7