National Green Tribunal
Chitrabhan Singh Rathore vs State Of Chhattisgarh Through Chief ... on 14 July, 2025
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 168/2024(CZ)
IN THE MATTER OF :
Chitrabhan Singh Rathore
R/o Village Panchayat, Kanhaiband, Teh. Janjgir,
District Janjgir-Champa (Chhattisgarh)
Vijaykant Rathore
R/o Post Dhadhra, Tehsil Kharsiya
District Raigarh, (Chhattisgarh)
Shashikala
R/o Post Seoni, Tehsil Janjgir,
District Janjgir-Champa (Chhattisgarh) Applicant(s)
Versus
1 State of Chhattisgarh
through Chief Secretary (Revenue),
S2-1, Mahanadi Bhawan,
Mantralaya, Naya Raipur, Atal
Nagar, District Raipur (C.G.) Respondent No. 01
2 Collector
Office of Collector
(Janjgir- Champa),
District Janjgir-Champa (C.G.) Respondent No. 02
3 Directorate of Industries
Through Its Director
Udyog Bhavan, Ring Road No. 1,
Telibandha, Raipur (C.G.) Respondent No. 03
4 Chhattisgarh Environment
Conservation Board (CECB)
Through Its Member Secretary,
Paryavas Bhavan, North Block
Sector-19, Atal Nagar
Respondent No. 04
District Raipur (C.G.)
5 Chhattisgarh State Environmental
Impact Assessment Authority
Paryavas Bhavan, North Block
Sector-19, Atal Nagar
District Raipur (C.G.) Respondent No. 05
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O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
6 Mahavir Coal Washeries Pvt. Ltd.
Mahavir Inspire House,
Behind Deendayal Garden,
Vyapar Vihar, Bilaspur (C.G.) Respondent No. 06
COUNSELS FOR APPLICANT(S):
Mr. Dharamvir Sharma, Adv.
COUNSELS FOR RESPONDENT(S):
Mr. Vikram Sharma, Adv.
Mr. Mayur Mandhanya, Adv.
Ms. Parul Bhadoria, Adv.
Mr. Sarabvir Singh Oberoi
CORAM:
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Date of completion of hearing and reserving of order : 08.07.2025
Date of uploading of order on website : 14.07.2025
JUDGMENT
1. The present application has been filed by the applicants claiming the following reliefs :-
i. That, the expansion of Respondent No. 6 Coal Washery causing pollution in the area may kindly be order to be declared as illegal, arbitrary, and unconstitutional. ii. That, a high-level committee may kindly be constituted for submitting report regarding violations of the EC conditions and factual finding of the present status. iii. That, the Respondent No. 6 may kindly be imposed with heavy environmental compensation for past violations and loss caused to the agricultural produce, 2 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
underground water and air pollution due to release of life-threatening dusty coal particles.
iv. That, any further order, directions as deem fit in the facts and circumstances submitted above may kindly be passed in favour of the environment and its ecology.
2. Issue raised in this application is protection and conservation of local environment at Village Kanhaiband, Tehsil Janjgir, District Janjgir- Champa (Chhattisgarh) due to operation of coal washery by Respondent No. 6 M/s Mahavir Coal Washery Private Limited. Pertinently, the authorities have allowed the coal washery to expand from 0.99 million tonner/year to 2.48 million tone/year. The Respondent State authorities initially have allotted land to Respondent 6 for establishing coal washeries despite the objections by the villagers, who are the worst affected due to the operation of coal- washery. The land where washery is in operation, is recorded as grazing and pasturing land (चराई मद) in the revenue record. The functioning of coal washery is affecting entire area causing air pollution, asthmatic & respiratory problems especially in infants and old-age residents due to emission of dust particles. The said area covers agricultural and irrigated land, where farming products are being cultivated. Due to the emission of coal particles, the entire area is engulfed with blackish layer of dust.
3. The matter was taken up by this Tribunal and notices were issued to the respondent for submission of reply and a committee was constituted with direction to submit the factual and action taken report. In compliance thereof, the reply on behalf of the respondent has been filed and the report of the committee with the response on 3 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. the report of the committee are on the record. Heard learned counsel for the parties and perused the record.
4. The submission of the learned counsel for the applicant are that the unit of respondent no. 06 M/s Mahavir Coal Washery Private Limited situated in Tehsil- Janjgir, Village Kanhaiband, Tehsil Janjgir, District Janjgir_ Champa (Chhattisgarh) was operating and state authorities have allowed extension of capacity of coal washery.
5. The expansion of coal washery by the Respondents no. 4 & 5 through facilitation and grant of EC without heeding to the objections made by the villagers and without addressing the grievances, is grossly against the law of land, environmental norms and principles of justice. The land where the unit is operational, is recorded as grazing and pasturing land (चराई मद) in the revenue record and the expansion of capacity granted is affecting entire area causing air pollution and that That, despite the objection raised by the village panchayat/applicants and villagers, the Respondent no. 4 CECB (Regional office) started the proceedings for expansion of capacity of Respondent no. 6. The said proceedings are completely illegal, arbitrary and unconstitutional in the eyes of law, since the order passed by the Collector in which 30 acres grass land of village Kanhaiband was allotted to Respondent No. 3 Directorate Industry is already under challenge before the Hon'ble High Court by the Applicants in W.P. (C) No. 3762/2021. During the pendency of above case, the Respondent authorities had further allotted land to Respondent no. 6 against the will of villagers which is bad in law.
6. It is further argued that the surrounding area to the coal washery covers agricultural and irrigated land, where farming products are 4 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. being cultivated. Due to the emission of coal particles, the entire area is engulfed with blackish layer of dust. The Applicants along with the Sarpanch, approached the Hon'ble High Court of Chhattisgarh against the air pollution and its adverse impact due to the grant of EC for expansion of capacity to Respondent No. 6 and vide order dated 25.04.2024, the Hon'ble HC in its concluding Para 11 has directed to avail the remedy before the Hon'ble Tribunal ordering that the environmental grievance raised by the petitioners in the petition can be very well redressed by the NGT.
7. It is further argued that Hon'ble the apex court in the case M.C. Mehta Vs. Union of India & Ors. (1987) for SCC 463 has held that life and public health with ecology as priority over unemployment and loss of revenue and in Subhash Kumar Vs. State of Bihar, AIR 1991, SC 420 it was held that Article 21 of the Constitution of India relating to right to life includes right to enjoy pollution free-water and air for full enjoyment of life.
8. It is to be noted that the project proponent has applied proposal for environmental clearance and it was duly considered by the State Environmental Impact Assessment Authority and vide communication dated 26.07.2023 the environmental clearance was granted with certain statutory compliances.
9. Aggrieved by the order some of the litigants filed Writ Petition (PIL) No. 24/2023 titled Smt. Ekta Tiwari & Ors. Vs. State of Chhattisgarh & Ors. and after hearing the parties Hon'ble the Court headed by Hon'ble the Chief Justice passed an order and disposed the petition as follows:-
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O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
1. "The present petition has been filed for the following reliefs:-
i. That, this Hon'ble Court may kindly be pleased to issue a suitable writ fordirecting the respondent authorities to restrain the extension of capacity from 0.99 million tonne per year to 2.48 million tonne per year weight type of respondent No. 6.
ii. Cost of the petition may also be allowed by this Hon'ble Court.
iii. Any other relief/reliefs which may deem fit and proper in the facts and circumstances of this case, may also be allowed."
2. Mr. Anil Singh Rajput, learned counsel for the petitioner submits that the petitioner No.1 is an elected Sarpanch and petitioner No.2 is the Upsarpanch of village panchayat Kanhaiband, Tehsil Janjgir, District Janjgir Champa. Khasra No.55/1 and 55/3 total area 30 acres of land situated at village Kanhaiband, Tehsil Janjgir, District Janjgir Champa is recorded as grassland in revenue record. The Director Industry, Directorate C.G. has filed revenue case No.01/अ-19(3)/2020-2021 Ecode No. 201606060100023 before Collector District Janjgir Champa for allotment of 25 acre from Khasra No. 55/1 and 5 acres from Khasra No.55/3 situated at village Kanhaiband Tehsil Janjgir, District Janjgir Champa. Vide order dated 03.02.21 the case of the Director Industry, 6 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
Directorate C.G. was allowed. The said order is under challenge in W.P.(C) No. 3762/2021 before this Hon'ble Court and vide order dated 23.09.21, this Hon'ble Court has issued notice to the respondents on admission as also on application for grant of ad-interim relief.
3. Mr. Rajput further submits that through Industries Department the respondent No.6 was allotted 6.98 hectare (17.26 acre) land of Khasra No.55/1 for purpose of coal washery against the will of the villager as well as office bearer of panchayat. On 04.01.23, the respondent No.7 issued a notice of public hearing for extension of capacity of the respondent No.6 from 0.99 million tonne per year to 2.48 million tonne per year weight type. On 27.02.23, the petitioners filed representation before respondent authorities and raised the objection for extension of capacity of respondent No.6. On 09.03.23, the respondent No.7 wrote a letter to respondent No.6 for Munadi in village prior to public hearing dated 15.03.23. In pursuance of letter dated 09.03.23 issued by the respondent no.7 to respondent no.6, the respondent No.6 issued letter to village kotwar Kanhaiband. Despite the objection raised by the village panchayat / petitioners and villagers the respondent No.7 started the proceedings for extension of capacity of respondent no.6.
4. Mr. Rajput further submits that the proceedings initiated by the respondent No.6 and 7 for extension of capacity from 0.99 million tonne per year to le per law. The order 7 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
dated 03.02.21 passed by Collector in which 30 acres grassland of village Kanhaiband allotted to the Directorate Industry is already under challenge before this Hon'ble Court by the Sarpanch and Upsarpanch of village panchayat in W.P.(C) No.3762/2021 and during the pendency of above case the respondent authorities allotted 6.98 hectares (17.26 acre) land to the respondent no.6 for capacity of coal washery 0.99 million tonne per year against the will of the villagers. The respondent authorities have failed to see that the extension of capacity of respondent No.6 is detrimental to the life and health of the villagers those who are residing at village Kanhaiband and nearby.
5. Mr. R.S.Marhas, learned Additional Advocate General appearing for the State/respondents No. 1 to 5 submits that the issue involved in the present petition can be very well adjudicated by the National Green Tribunal (for short, the NGT) and as such, this petition may not be maintainable before this Court.
6. Mr. Vikram Sharma, learned counsel for the respondent No. 6, at the very outset, submits that this very writ petition filled in the name and style of PIL deserves to be dismissed at threshold for the reason that, in the entire writ petition the petitioner have failed to espouse the public interest which is involved in present litigation, More so, by reading the pleadings of the petition it appears that, it is the private interest litigation in the garb of public interest 8 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
litigation. It is pertinent to state here at this juncture, that the petitioners have not challenged the procedure with regard to allotment of the land, neither they have challenged the grant of environment clearance for the subject washery granted earlier for the establishment of washery to the extent of 0.99 million ton's per year. However, now at the belated stage when the answering respondent is extending its capacity of the washery over the earlier allotted land only, petitioners all of sudden has started raising the voice, without there being any basis of it. It is respectfully submitted that by virtue of the extension the answering respondent is only enhancing its capacity from 0.99 Metric Million tons per year to 2.48 Metric Million Tons per year and not enlarging the area of the land earlier allotted 1.o. 17.50 Acres. Therefore, prima facie this entire writ petition in the form of PIL deserves to be dismissed.
7. Mr. Animesh Tiwari, learned counsel appearing for the respondent No. 7-Chhattisgarh Environment Protection Board, submits that the petitioners have failed to exercise their efficacious alternate remedy available under the National Green Tribunal Act, 2010 (for short, the Act, 2010) and the petition should be dismissed at the very threshold and the petitioners should be relegated to exercise their efficacious alternate remedy as per law before approaching this Hon'ble High Court under writ jurisdiction. The primary relief being sought by the Petitioner is premature i.e. they pray for restraining the 9 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
respondent no. 6 from the extension of their capacity from 0.99 million tonne per year to 2.48 million tonne per year Coal Washery. However, it is submitted that granting or rejecting the Environmental Clearance for expansion of a project is the sole discretion of the Regulatory Authority' as per the Environmental Impact Assessment Notification, 2006.
8. The regulatory authority which has to take the final decision regarding the environmental clearance in this matter is State Level Environment Impact Assessment Authority (SEIAA) which has not been impleaded as a party in this petition. The allegations regarding the allotment of grassland to the respondent No. 6 for their expansion are not concerned with the respondent-Board.
Such issues should be answered by the State instrumentalities concerned with allotment of land. The petitioners have also failed to allege specific grounds against the Board and have focused their petition on the general idea of the coal washery causing pollution without backing it with any relevant data, facts or figures to support their claims. Thus, the reply will be focusing on the process of public head conducted as per the Environment Impact Assessment Notification, 2003. Mr. Tiwari further submits that to prevent and control the water pollution and air pollution and also to restore and maintain the wholesomeness water and air in the country, the Central Government enacted the Water (prevention and control of pollution) Act, 1974 (hereinafter to be referred Water Act) 10 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
and Air (prevention and control of pollution) Act, 19 [Hereinafter to be referred as 'Air Act']. Subsequently the Environment Protection Act, 1986 was also enacted by the Central Government and exercise of powers under Section 3 of Environment Protection Act rea with Environment Protection Rules, the Central Government had notify the Environment Impact Assessment Notification, 2006 (EIA Notification amended from time to time) which primarily deals with grant or reject c environmental clearance by requisite authority as per the notification to the projects of private proponents. As per the EIA Notification, the Centra Government directs that from the date of publication of this notification construction of any new projects or activities or expansion o modernization of existing projects or activities listed in the schedule shall be undertaken anywhere in India only after taking prior EC from the Central or State authorities. By exercise of powers under Section 4 of the Water and Air Acts respectively, the Chhattisgarh Environment Conservation Board was constituted, which is a statutory body vested with discharge of statutory functions, with an object to ensure that goals of sustainable development and a pollution-free world are realised by ensuring strict compliance of environmental laws, rules, regulations, etc. The Central Government had also enacted the Act of 2010 with a view to provide for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal 11 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
right relating to environment and giving relief, etc. The NGT Act has special mechanism for dealing with the plethora of environment related issues at various stages. Section 14 read with Schedule I of the Act provides jurisdiction to the NGT to deal with all civil cases where a substantial question is related to environment and even any challenge can be made to orders passed under Air Act, etc. Further, Section 16 also provides for appellate powers of the Tribunal in certain matters mentioned therein. In pursuance of seeking EC, as per Paragraph 6 of EIA Notification, the applicant has to apply in Form 1 and Supplementary Form 1A if applicable after identification of prospective sites and shall also file a copy of pre-feasibility project report. It is submitted that in the present case the Applicant i.e. Respondent No. 6 has filed the Form 1 Application Online Proposal dated 19/12/2022 along with their draft EIA report. Thereafter, as per Paragraph 7 (III)- Stage 3 i.e. Public Consultation comes into play. As per Paragraph 7(III) must undertake Public Consultation which has two components comprising of Public Hearing at the site and obtaining written responses. Keeping in view the administrative and logistical reasons as well as keeping in view the law-and-order situation, the Member Secretary, CECB wrote letters dated 29.12.2022 to the Board and to the District Magistrate, Janjgir Champa so that a date may be proposed on which Public Hearing can be fixed. The Board also wrote letter dated 04.01.2023 to the District Magistrate requesting the same. Further, to make 12 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
available the Draft EIA Report and Summary EIA Report to the public at large, the Board had forwarded the copies of Draft EIA Report and Summary EIA Report to the concerned local authorities/administration on 04.01.2023 itself through letter and the aforesaid reports were also available on the website of CECB. In pursuance of the above-mentioned consultation, the Additional Collector had finally held vide letter dated 06/02/2023 that the Public Hearing shall take place on 15/03/2023 at Primary School, Kanhaiband, Tehsil Janjgir, District Janjgir Champa from 11:00 AM onwards. In order to ensure wide publicity and advertisement of the Public Hearing the Board directed vide letter dated 09.02.2023 to Pioneer and Dainik Bhaskar news-papers to publish the detailed advertisement with reference too public hearing in the concerned matter on 15.03.2023, which was duly published in the said two news-papers on 10.02.2023.
9. It is further submitted by Mr. Tiwari that vide letters dated 09.03.2023, the respondent-Board had informed the Tehsiladar, District- Janjgir Champa to widely publicize the public hearing in the vicinity of all the villages for a week from 08.03.2023 that the Public Hearing is to take place on 15.03.2023. The Additional District Magistrate, Janjgir Champa sent a letter dated 06.02.2023 to the Superintendent of Police, District- Janjgir Champa to make requisite security arrangements for the conduct of Public Hearing on 15.03.2023. On 15.03.2023 the Public Hearing had taken place at the venue and time as already decided, 13 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
and the entire process of Public Hearing had taken place under the supervision of the Additional District Magistrate and Board wherein the public therein had marked their presence and the statements of those persons present and interested were recorded, which can be seen from the minutes of the Public Hearing Work Summary Report along with a copy of the attendance sheet. Further, the written responses so received during the public hearing were forwarded to Respondent No. 6 and Respondent No. 6 has replied to all such queries by their letter dated 20.03.2023. In the present matter, the public hearing has already taken place on 15.03.2023. The Board has also sent the entire record of the said public hearing to Head Office, CECB by letter dated 22/03/2023. Thereafter, the Member Secretary, CECB has also sent the entire record of public hearing to the Member Secretary, State Level Environment Impact Assessment Authority (SEIAA) by letter dated 05/04/2023. Furthermore, the regulatory authority has also granted Environment Clearance to respondent no. 6. In case of any issue regarding concealment/misloading Information at the time of granting EC, then as per Paragraph Sivi) the Regulatory authority i.e. SEIAA has the absolute power to reject the application seeking environmental clearance or oven If environmental clearance has boon granted the Regulatory authority has the power to cancel the environmental clearance so granted. Hence, In light of the said submissions, the petitioners are not entitled to any of the 14 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
reliefs as claimed by them In the present petition and the present petition of the petitioners deserves to be dismissed.
10. We have heard learned counsel for the parties, perused the pleadings and documents appended thereto.
11. Basically, the petitioners are aggrieved by extension of the capacity of the respondent No. 6-Company which is a Coal Washery. From the pleadings and averments made in the petition, it transpires that the said Coal Washery is existing there for a long time and now they have been permitted to extend their capacity. The environmental clearances are given by the respondent No. 7 and the grievance raised by the petitioners in this petition can be very well redressed before the NGT. The NGT has special mechanism for dealing with the environment related issues and as such, it would be appropriate that the petitioners are relegated to avail the said remedy.
12. In view of the above, this petition stands dismissed reserving liberty to the petitioners to approach the appropriate forum for redressal of their grievance."
10. Learned counsel for the applicant relied on the photographs which is annexed as annexure-A/8 depicting the emission of dangerous black smoke and fly ash dust alleged to be affecting the flora and fauna and some newspaper reporting as annexure-A/9.
11. During the course of hearing to find out the actual cause of action and parameter of pollution and health problems, this Tribunal constituted 15 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. a committee consisting representative of the Secretary, Government of Chhattisgarh, one representative of the Director, Industries, Member Secretary, CECB, with direction to submit the factual and action taken report. The members of the committee visited the site and submitted the report as follows :-
1. Environmental Clearance: M/s Mahavir Coal Washery Pvt. Ltd. is established in an area of 17.26 acre. Earlier, the industry was operating at 0.99 MTPA during which the working hour was of 8 hour. A public hearing on date 15/03/2023 was conducted at Primary School Kanhaiband, District - Janjgir Champa. After the public hearing, the industry was granted Environmental Clearance to expand its operation from 0.99 MTPA to 2.48 MTPA by the State Environment Impact Assessment Authority (SEIAA) on dated 26/07/2023.
After expansion to 2.48 MTPA, the working hours were increased from 8 hours to 20 hours.
2. CTE & CTO for expansion: The Chhattisgarh Environment Conservation Board has thereafter granted the consent to establish to the industry on date 19/01/2024 and consent to operate on date 01/07/2024 under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 for its expansion.
3. Plant & machinery: The Coal Washery is two product washery; clean coal and rejects. Heavy Media Cyclone process has been selected. Washing is done through close circuit water system comprising mainly of cyclone, high frequency screen, thickener and multi roll belt press filter.
4. Approach Road: The committee while visiting the site found out that the village approach road connecting to the washery plant was not maintained. It was neither made of concrete road neither any plantation was 16 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
carried out in the roadsides. Due to which coal dust was found accumulated on the road.
5. About the Land records: In relation to the allegations of the land where coal washery has been established being recorded as grazing and pasturing land (चराई मद) in the revenue records, it is submitted that while examining the documents provided, the industry has been allotted land (17.26 acre) for establishment by the Chhattisgarh State Industrial Development Corporation (CSIDC) on dated 24/12/2021. Vide letter of the Collector, District - Janjgir Champa dated 08/02/2018, government land was allotted to M/s Mahavir Coal Washery Pvt. Ltd with the condition that the firm shall provide equivalent land as grazing/pasture land to the government. Accordingly, the firm has provided equivalent land to the government.
In this regard, the Revenue Inspector and Patwari were present during the inspection alongwith the land record register and the same was inspected by the committee. As per the information mentioned in the register they stated that the firm has full possession of the industrial land (17.26 acre) allotted to them and it is presently used for industrial purpose and regarding the equivalent land handed over to the government by the firm, they stated that the said land is registered as grazing and pasturing land (चराई मद) in the land records in the name of Chhattisgarh Revenue Department.
6. Issues related to Environment & health conditions of the villagers: During the inspection it has been observed that-
a) Industry has established a dust extraction system along with bag filters in between rotary 17 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
breaker and screen house to prevent air pollution.
b) All the coal carrying conveyor belts and junction points were found covered.
c) Rain gun was found established in raw coal yard; reject coal yard and stock yard of the industry for controlling fugitive emission during loading and unloading process. These arrangements for controlling fugitive emission appears to be not satisfactory and the industry needs to establish more effective arrangements, especially in raw coal handling area and finished product area.
d) All the internal roads of the industry were found to be made Pucca and water was being sprinkled by water sprinklers. However, the industry needs to improve the housekeeping practices with state of the art sweeping machines.
e) Plantation has been done along the inner side of the boundary wall of the industry. The industry's representative has informed that about 4000 tress have been planted in 2023, out of which 3500 are alive. However, the plantation has not been done in scientific manner. It is pertinent that industry makes sincere efforts towards improving the plantation as well as survival rate of the plants.
f) Ambient Air Quality Monitoring System has been established in MCC room of the washery building and was found operational. During the inspection, the readings of the Ambient Air Quality Monitoring System were observed and found to be within normal range, which are enumerated as follows -
18 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
Parameters and their values Prescribed Standards PM10 - 35 µg/m3 100 µg/m3 PM2.5 - 31 µg/m3 60 µg/m3 CO -1.34 µg/m3 04 µg/m3
g) During the inspection, air quality monitoring was also conducted at four locations in Village -
Kanhaiband and the dust particles were found within the limits prescribed by Central Pollution Control Board. A copy of the air quality monitoring report is attached as Annexure-1 to this report.
h) Garland drains were found to be established in the industrial premises in which stop dam structure has been constructed. These drains are finally connected with the settling pond where coal fines ultimately get arrested and settled in this pond. These fines are then reused in the industrial process.
i) Sewage Treatment Plant (STP) of capacity 30 KLD has been established for the treatment of domestic waste water. The treated water is used in watering plantation.
j) Belt Filter Press (20 TPH) has been established to prevent the spillage of polluted water along with the sludge during washing process.
k) In relation to the allegations of functioning of coal washery is affecting entire area causing air pollution, asthmatic & respiratory problems especially in infants and old age residents due to emission of dust particles the Chief Medical and Health Officer, District - Janjgir Champa (C.G.) has stated in his letter dated 04/09/2024 that 19 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
out of the 2255 people residing in the village - Kanhaibandh, a total 4 elderly people are suffering from Asthma. However, no supporting medical evidence justifying the cause of disease due to the industry has been produced.
l) In relation to the allegations of the agricultural and irrigated land being engulfed with blackish layer of dust due to the emission of coal particles, the committee also visited the farm fields located around the industry and found that the farming was being done normally by the farmers.
7. After taking into account the above mentioned facts, the recommendations and findings of the committee are as follows-
I. As per the consent conditions granted to the industry by the Chhattisgarh Environment Conservation Board, the industry needs to do plantation on 50% area of the total area. In this regard, the industry needs to develop extensive tree plantation. Thus, industry has been instructed to plant 5000 trees belonging to native species and having broad leaves along the periphery of the industry in scientific manner by the end of the Monsoon season, 2024 itself.
II. Industry has also been instructed to improve its housekeeping practices. In this regard, industry needs to purchase a sweeping machine which would ensure regular improvement of housekeeping practices of the industry.
III. In order to more effectively control fugitive emissions from the industry, measures related to water sprinkling system should be established at raw coal handling area and finished product area.
20 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
IV. The comments submitted by the Health Department and the monitoring of air quality performed by Chhattisgarh Environment Conservation Board conclude that there is no instance of air pollution due to the industrial activity."
12. The submission of the learned counsel for the respondent no. 06 are that the applicant has no cause of action as Applicant no. 2 and 3 are not local resident of the village Kanhaiband, therefore their knowledge about the subject matter, and their interest in the subject matter is highly questionable and raises a serious doubt on their credibility, which again substantiate, the stand taken by the answering respondent in above paras and that the Applicant no. 1 has also sold various lands to the answering respondent i.e (Project Proponent) in village Kanhaiband only which is used for exchange of land with State Government for purpose of establishing coal washery plant at Khasra no. 55/10 as well as 55/11 area administering 6.98 hectare (17.26 acre) situated at village Kanhaiband. Thus the Applicant no.1 who himself is a party to the transaction relating to the same subject matter and being aware of the fact that the said land for which the lands are exchanged is used for the construction of washery, can not take a summersault and question the same after establishment of the coal washery and grant of Environmental Clearance, this again goes to show that the purpose behind filing of this original application is ulterior with a motive to enrich themselves illegally, by an arm twisting method.
13. It is further argued that Section 14(3) clearly mandates that no application for adjudication of dispute under this section shall be entertained by the tribunal unless it is made within a period of 6 21 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. months from the date on which the cause of action for such dispute first arose. Means thereby, the preliminary requirement, for the entertainment of an application, is the time period of 6 months from the date when the cause of action arose. Admittedly, in the entire application filed, not a single whisper about the cause of action, more so the period of limitation has been mentioned.
14. The statute under Section 14(3) specifically mandates the entertainment of an application within a statutory time period of 6 months from the date of arising of cause of action. Means thereby, it is mandatory for the applicants to plead and state very categorically that, when and how he has got the cause of action, and whether an application filed by him is within the period of limitation of 6 months or not. However, in the present case the same is lacking, thus as per the settled law by the Hon'ble Tribunal, the present application deserves to be dismissed. It is pertinent to mention here that, it is a settled rule of law that once the law provides for limitation, then it must operate meaningfully and within its rigor and same must need to be adhered to.
15. Brief facts as narrated by the learned counsel for the respondent no. 06 are that on 04/02/2015, the answering respondent has applied to the State Investment Promotion board for the allotment of 30 acres of land for the establishment of 2.50 Metric Million Ton Coal Washery at Village and Post Kanhaiband, Near Jangir-Naila Railway Station, Thesil Jangir, District Jangir Champa and on 22.04.2015 the said application which is forwarded to State Investment Promotion Board was forwarded by the Joint Director of State Investment Promotional Board to Directorate of Industries vide letter dated 22.04.2015. 22 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
16. That, after filling of an application various internal correspondence took place among the various department of Chhattisgarh and in between that the answering respondent has obtained the NOC for Establishment of the Coal Washery from Gram Panchayat Kanhaiband Thesil Jangir District Janjgir Champa vide letter dated 25.04.2016. The land for which the application was made by the answering respondent is situated at Khasra no. 55/1 of Total Rakba 25 acres as well as Khasra No 55/3 of Total Rakba 5 acres, i.e. Total land of 30 acres. Apposite to state here that, since the lands for which the application was made were recorded as grassland in the revenue records. Therefore, Collector Janjgir has written a letter to Directorate of Industries Raipur vide dated 08.02.2018, to write the letter to the answering respondent for compliance of the provisions of Section 237(3-A) of Chhattisgarh Land Revenue Code to make available that land it is necessary for exchange of similar proportion of land over the area.
17. The said letter was further forwarded by Directorate of industries to Managing Director of CSIDC on 25.04.2018 has written to the answering respondent to provide the land in exchange of said land so that the lands which is recorded under the grassland can be exchanged and allotted to the answering respondent by as per the provision of Section 237 (3-A) of Chhattisgarh Land Revenue Code on 23.08.2018 the answering respondent has written a letter to Joint Director, Directorate of Industries giving their consent restricting the land allotment to the tune of 17.26 acres, instead of 30 acres and further giving the consent for exchange of land to the tune of 17.26 Acres.
23 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
18. That, taking into consideration the letter written by the answering respondent, on 14.09.2018 the Managing Director of CSIDC has passed an order 27.02.2019 by virtue of which it was ordered get the registration of private land of the answering respondent in favour of the Chhattisgarh State Industrial Development Corporation which is to be provided by the answering respondent in exchange of the Government land situated at Khasra no. 55/1 for Total Rakba 17.26 acres.
19. That on 24.04.19, answering respondent has written a letter to Managing Director of CSIDC and informing the Managing Director that vide dated 06.03.2019 the answering respondent has already registered the land in the name of CISDC and has transfer their possession of land also to the CSIDC. Along with the letter the answering respondent has annexed the copy of the registration made in favor of CSIDC and vide order dated 03/02/2021, Collector, while exercising the power conferred under provision of Section 237(3-A) of Chhattisgarh Land Revenue Code has exchange the Government Land Situated at Khasra No. 55/1 with the private land of the answering respondent.
20. That on 23.07.2021 Managing Director CSIDC has written a letter to answering respondent asking to pay the amount for the allotment of the Government Land as per the provision within 10 days from the issuance of letter of intent and after issuance of the letter dated 23.07.2021 the amount demanded by the State Government was deposited by the answering respondent. The copy of money receipt demonstrating the same is being annexed herewith as Annexure R-13, and finally on 21.10.2021 the said land was allotted to respondent 24 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. vide issuing the land allotment letter. After the allotment of the land on 21.10.2021, the Environmental clearance was granted on 04.03.2022, for the establishment of Coal Washery of capacity 0.99 Million Ton per year.
21. That, after getting the Environment Clearence the consent to establish the factory with capacity of 0.99 MTPA was granted on 20.04.2022 and finally on 20.04.2023 consent to operate was granted and vide dated 18.05.2023, the license to work a factory was granted for establishment of Coal Washery with the capacity of 0.99 MTPA.
22. The total land allotted to the answering respondent was 17.26 Acres and in this 17.26 Acre only earlier the Coal Washery plant was established with capacity of 0.99 MTPA, however in the originally application filled before the State Investment Promotional Board, the proposal was made for the establishment of Coal Washery plant with the capacity of 2.48 MTPA. Therefor answering respondent has filed an application on 31.05.2022 for issuance of Terms of Reference for the extension of capacity of Coal Washery from 0.99 MΤΡΑ to 2.48 ΜΤΡA. On the said application the Term of Reference was issued by the Special State Level Evaluation Committee Chhattisgarh, Department of Environment, Forest and Water Ministry, Government of India, on 05.12.2022 and public hearing for the said extension took place on 15.03.2023 and the objection raised in those public hearing was replied by the answering respondent on 20.03.2023 and finally on 27.06.2023 the environmental Clearence was granted by the State Environment Impact Assessment Authority Chhattisgarh, Ministry of Environment, Forest and Climate Change.
25 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
23. In compliance of the EIA notification dated 14.09.2006 the public hearing for the said project was scheduled on 15.03.2023 and the public hearing with regard to the same was communicated in widely published newspaper i.e., Danik Bhasker as well as Pioneer, New Delhi on 10.02.2023. On 15.03.2023 the public hearing started in which various oral objections as well as written objections were taken into consideration. The Applicant no. 1 Mr. Chitrabhan Singh Rathore was also present in the public hearing, and has raised an oral objection on general terms, his objection was recorded at Serial no. 64 on the minutes of the meeting of public hearing held on 15.03.2023.
24. The Submission of the learned counsel are that by virtue of this expansion the answering respondent is not expanding any area of the land but has only sought for the permission to increase the working hours from 8 hours to 20 hours i.e., by increasing its capacity from 9.99 MTРА to 2.48 ΜΤΡΑ. And in reply to the objection raised by the villagers in which it was very categorically stated by the answering respondent that, the proposed coal washery plant is being developed with zero liquid discharge function and that by virtue of an extension the capacity of the plant has been increased from 0.99 ΜΤΡΑ to 2.48 MTPA without there being any increase in the area of land, as the land was allotted for the purpose of establishment of washery with the capacity of 2.48 MTPA. It is further respectfully submitted that, so far as the averment raised by the Applicants that the land where the washery is situated has been situated in the land at Khasra no. 55/1 and against the will of villagers, with regard to the same, it is respectfully submitted that the Applicant no. 1 himself has acted upon in the entire transaction of sale and purchase of land for 26 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. purpose of establishment of this washery. The respondent has also filed the compliance reports of terms and conditions given in environmental clearance issued to the project proponent and the same has been submitted to the authorities concerned periodically and the compliance say that these conditions have been complied with.
25. Certain issues were raised by the members of the joint committee and in reply and response to the report of the committee, respondent no. 06 has filed the compliance report and stated that all the directions and suggestions raised by the committee have been complied with in the following manner:-
a) "Environment Clearance:- The finding was given (by the committee with regard to the environment clearance and it was stated that after the public hearing, the project proponent was granted environment clearance to expand its operation from 99 MTPA to 2.48 MTPA by the State Level Environment Impact Assessment Authority (SEIAA) on 26.07.2023. It was further stated by the committee that after expansion to 2.48 MTPA, the working hours were increased from 08 hours to 20 hours. In this particular finding, there was no such adverse finding given by the committee and therefore, the answering respondent/project proponent refrain itself from commenting anything.
b) CT & CTO Expansion:- In this para, the finding which was recorded by the committee was with regard to the fact that only after the grant of consent to operate vide order dated 01.07.2024 by the Chhattisgarh Environment Conservation Board, the answering respondents has stated its working, thus, this finding 27 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
is also a matter of record. Hence, no reply is required from the project proponent.
c) Plant and Measure:- In this para also, the facts (which were prevailing have been quoted by the committee and it was stated by the committee that the coal washery is the product washery i.e. clean coal and widgets and the washing is done through closed circuit water system comprising mainly of highest frequency stream, thickner and multirole pale press. Therefore, the same is also a matter of record, hence no comment is required from the answering project proponent.
d) Approach Road:- In this para, it was stated by the (committee that the committee while visiting the site, the village approach road connection to the washery plant was not maintained. It was neither made of concrete road, nor any plantation was carried out in the road site due to which, the coal was accumulating in the road side. With regard to this submission, it is respectfully submitted that the approach road from the Main Road to the washery is a Government Road, which is a WBM Road. The Road about 500 Meters from the Main gate of the Washery to WBM Road has been made Pucca (Concrete) by the industry, and the remaining WBM Road is maintained by the project proponent. It is further respectfully submitted that, to control the dust flying due to vehicles transportation in the industry, water sprinkling is done regularly from water tankers every day. The Pucca (Concreted) road is cleaned with sweeping machines and water is also sprinkled with water tankers to control dust. It is further respectfully submitted that, out of all the measures currently being opted by the answering respondent/project proponent, the answering respondents/project proponent has also taken into 28 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
consideration the suggestion made by the committee and has ensured the Regional Officer, Chhattisgarh Environment Conservation Board by writing a letter on 30.08.2024 in compliance of the inspection carried on 28.08.2024 that the road which is connecting the washery from the main road will be constructed at the expense of the project proponent themselves by spending money through the fund of CSR (Corporate Social Responsibility) within a period of 01 year and after taking the due permission from the Collector, District - Janjgir-Champa and thus, with regard to plantation, the answering respondents has carried out the plantation also in compliance of the said report which is visible from the photographs dated 21.12.2024 and thus, the answering respondents/project proponent very categorically and respectfully submits that the suggestion made by the Joint Committee has been duly accepted by the answering respondents/project proponent and the part of the same has been complied with and for the same, the assurance was provided by writing a letter on 30.08.2024.
That, it is pertinent to mention at this juncture, at present, since the road is the government road and the same is not under the control of the answering respondents/project proponent, therefore, the answering respondents/project proponent at this juncture tried to maintain the approach road by carrying out repairs each and every time it was required and by regularly sprinkling water on the said road, so that, the dust cannot flow.
That the answering respondents/project proponent assures this Hon'ble Tribunal that within a period of 01 year, the concrete road from the expense of the answering respondents/project proponent will be 29 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
constructed, after the same gets approval from the district administration under the CSR (Corporate Social Responsibility) head. It is also pertinent to mention that the work of water sprinkling was carried out from the starting point of the main road to the washery which is admeasuring approximately around 1.5 kilometers continuously at an interval of 6 to 7 hours, 03 times a day.
e) About the land record:- That, the finding with regard to the land record, it was stated by the committee that in response to the letter by the applicant that the land where the coal washery has been established being recorded as grazing and per land in the revenue records, however, when the committee has inspected the records and documents provided by the department in the presence of Revenue Inspector and Patwari, they came to know about the fact that the industry has been allotted the land for its establishment by the Chhattisgarh State Industrial Development Corporation vide order dated 24.12.2021 and vide letter dated 08.02.2023 of Collector, District Janjgir-Champa and the government land was allotted to M/s. Mahaveer Coal Washery Private Limited with a direction that the firm shall provide equivalent land as grazing/pur to the government and the documents annexed as shown by the project proponent goes to show that the equivalent land as recorded in the name of project proponent was handed over to the State Government and the said land was recorded in the Chhattisgarh Revenue Department. Thus, with regard to the allocation of land recorded, the committee has carried out its inspection and stated the material facts which are part of record. Hence, no reply with regard to the same is needed in this observation of the committee by the project proponent.
30 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
f) Issue related to environment and health condition of the villagers: In this para, the committee has reported the various finding with regard to the measures adopted by the answering respondents/project proponents for controlling the fugitive ambitions during loading and unloading process and plantation done inside the area of plant and after recording the various finding, the committee has directed the answering respondents/project proponents to carry out the following plans at Para 7 of the report. In compliance of the same, the answering respondents/project proponents has already stated vide letter dated 30.08.2024 communicating to the Regional Officer, Chhattisgarh Environment Conservation Board about the fact that the project proponent will carry out all the recommendations suggested by the committee and to assure the same, the project proponents has prepared a chart and has stated that so far as the recommendation i.e. plantation of five thousand trees is concerned, answering respondents/project proponents has stated at present, 3500 trees are planted and during the coming monsoon, 5000 more plants will be planted and the said plantation work was also carried out which is evident from the photographs annexed herewith as ANNEXURE -AD/4. Thus, the recommendation made for the plantation of trees has been carried out by the answering respondents/project proponents. Secondly, it was recommended by the committee that the project proponent needs to improve their housekeeping practices and to do the same, it was recommended by the committee that the industry was required to purchase, sweeping machines so that a regular improvement of housekeeping may be maintained in the industry. In compliance of the recommendation made by the committee, the answering 31 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
respondents/project proponents has already purchased the sweeping machines and has installed the said sweeping machines in the factory/plant premises of the answering respondents/project proponents and has regularly started carrying out the sweeping activities to maintain good hygiene and is improving their housekeeping practices. Copy of the invoice of the sweeping machines along with the photographs of the sweeping machines installed at the premises of factory/plant. Thus, it can be very stated that the answering respondents/project proponents have accepted the recommendations in a positive manner and has complied with the same which is evident from the documents annexed along with the compliance report."
26. With reference to water sprinkling system it has been submitted that sprinkler system has already been installed at raw coal handling areas as well as finished product area, but to comply with the recommendation of the committee, respondent/ project proponent has appointed a team of specialist persons to regularly monitor the water sprinkler system and to ensure that the same may be operated effectively so that the fuel emission from the industry can be controlled and to demonstrate this fact, photographs of the water sprinkler system operated at raw coal handling area has been submitted with the application and the Members of the CECB regularly make inspection and after notice sufficient compliance has been made by the project proponent.
27. With regard to air pollution the submission of the applicant are that the function of the coal washery unit was closed down by the project proponent prior to the visit and inspection of the committee, so that, 32 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. there may not be any air pollution in the atmosphere during monitoring of the air quality by the committee, but this issue has been replied by the project proponent that the proper precaution for maintaining the air pollution has been taken by the project proponent and there is no violation reported by the CECB or the expert body.
28. After hearing the parties, vide order dated 16.05.2025, this Tribunal directed the State Pollution Control Board to submit the compliance report on point of plantation and its survival, construction and maintenance of road, issue relating to health condition of villagers and availability of medical facility.
29. In compliance of the above, the Divisional Forest Officer and Regional Officer, CECB have filed the report as follows :-
1) "Plantation and its survival: For verifying the fact, the committee has called the records i.e. Environment Clearance and Consent to Operate orders issue to Project Proponent. The committee has perused the terms and condition of Consent to Operate as well as the details of provided in Environment Clearance. As per the terms and conditions of Consent to Operate, the Project Proponent is required to:
❖ Maintain 50% green belt area with minimum 8500 nos. plantation.
❖ Maintain a green wall of 20 meters all along the boundary of the plant.
❖ Maintain a green wall of 40 meters in the railway siding area.
33 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
❖ The green belt must be a three-tier level plantation. Suggestions for improvement -
1. It was observed that the soil in which plantation has been done lacks porosity and thus it will be better to mix sand in the plantation area so that there is better survival of the plants.
2. It is also advised that spreading of local available grass seeds can be done to maintain a check on soil erosion and increase the aesthetics.
3. As one of the issues was that the grazing lands of villagers are lost, some fodder species like Babool, Khair, Banyan etc. can also be planted which can survive the local edaphic and climatic conditions and also provide fodder to local villagers if needed.
Overall, the company has worked on all the aspects as per the directions issued by the Hon'ble Tribunal. It is also mentioned that the aforementioned suggestions may be implemented to form a three-tier green belt which can further the agenda of protection against pollution. The research paper by S. K. Maiti titled "Selection of plant species for the reclamation of minedegraded land in the Indian context" along with the plantation 34 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
photographs in the industry have been
annexed as Annexure-1 with the report to
allow the full understanding of the
construction of green belt around industries.
2) Construction and maintenance of road, which is under repair or damage: During the visit, it was observed that the approach road which leads to the industry has been repaired and is being maintained. The representative of the project proponent present during the visit informed that the approach road is regularly inspected and maintained by the project proponent. He has also informed that water sprinkling is being carried out on the approach road from the starting point to the end point of the road every day.
3) Issue relating to health condition of villagers and availability of medical facility: A letter dated 19/06/2025 has been sent to the Primary Health Centre, Village - Sivni, District - Janjgir Champa (C.G.) seeking information from them regarding the complaints of any disease caused because of the operation of the industry. Also, during the visit, the officials of the CECB talked with the villagers of Village - Kanhaibandh. The villagers told that a health camp was organized by the project proponent on date 29/05/2025 and in the camp, no illness has been found to be caused due to pollution.
The Primary Health Centre, Village - Sivni, District - Janjgir Champa (C.G.) have stated in their letter that 14 35 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
people are suffering from cough for 2-4 days and 5 people are suffering from allergy since 2-4 days. The PHC also states in its letter that currently all these people are healthy. A copy of the letter dated 19/06/2025, panchnama dated 18/06/2025 and letter of PHC, Village
- Sivni, District Janjgir Champa (C.G.) are collectively attached as Annexure-3 with this report."
30. The committee has further taken reliance on the selection of plant species for the reclamation of mining degraded land in the Indian context by Mr. S. K. Maiti, Center of Mining Environment, Indian School of Mines, Dhanbad, where it has been reported that India has emerged as the world's third largest coal producing country, after China and the USA. The country's coal reserves are estimated at 70 billion tonnes, which accounts for 5.7% of proven world reserves (Mathur 1996). Indian coal consumption is about 5.5% of the world total. The share of coal as a source of energy in the commercial sector increased to 66% in 1994-95 (Kumar 1995). In India, coal production will have to increase to meet energy demand over the next 20-25 years at the rate of 20-25 Mt/y. The national plan envisages further exploitation of coal resources at a very rapid rate, which is likely to pose greater environmental problems.
Underground coal mining is less detrimental to the environment than opencast mining. But, due to various problems with underground mines, there has been a trend towards opencast mining (Kumar 1995). Globally, coal accounts for 26% of primary energy consumption, whereas in India it has a share of 46% (Singh 2006). 36 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. Indian coal production, which was of the order of 380 Mt in 2004-05, is supporting some 83 772 MW of thermal power generation, and with developments being planned for 2010, power generation is expected to increase to 150 000 MW (Singh 2006). More specifically, to meet estimated energy needs, India must produce nearly double the quantity of coal that it is currently mining, as fuel requirements will be some 550 Mt/y (Singh 2006). The increasing trend towards opencast mining, together with the adoption of large-scale mechanization, has led to the release of large amounts of dust and gaseous pollutants. In opencast mining, massive quantities of overburden (OB) have to be removed to reach the mineral deposits (Ghose 1989). The operations involved are likely to result in massive discharges of fine particulates from overburden materials. Similarly, the mining operations themselves will involve excavation, size reduction, waste material transportation, loading, stockpiling, etc. These will all release particulate matter. Mine closure operations, which are similar to those involved in mine opening, but are of shorter duration, will also release particulate matter (Ghose and Majee 2000). Since future plans envisage that a large proportion of overall coal production will come from opencast mining, more air pollution problems will be created.
Tree planting is one of the best measures for reducing the air pollution (Maiti and Banerjee 1992; Maiti 1993, 1998; Abbasi et al. 2001). This paper focuses on the selection of plant species to control air pollution effectively by developing 'green belts' in coal mining areas.
31. SOURCES OF AIR POLLUTION DUE TO COAL MINING 37 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. The main air pollution problem in a mining area is the presence of particulates, which may be coal, soil or rock dust. Particulates find their way into the atmosphere from wind-scavenged soil surfaces, combustion sources, material transfer points, or other sources at the mine site. Strip-mine air-pollution sources can be divided into two categories: point sources and fugitive sources. Point sources typically include stationary exhaust stacks. In contrast, fugitive sources are open sources, such as the exposed soil of OB, and coal (Ghose and Majee 2001). During dry and windy conditions, the surface soil is scavenged by wind, causing particulate matter (dust) to be suspended and transported downwind. A subset of point sources of particulates would include line sources and mobile sources. Most important are the identification and quantification of dust emissions at the mine site.
Heavy earth-moving machinery (HEMM) on haul roads has been identified as the most prolific source of fugitive dust, and can contribute as much as 80% of total dust. Cowherd et al. (1979) estimated that about 50% of the total dust is released during dumper truck movements on unpaved haul roads, while 25% arises during loading and unloading operations. Chadwick et al. (1987) estimated that 0.02% of coal is lost during loading and unloading. Nair and Singh (1990) estimated that road dust contains more than 4% of respirable dust.
Another major source of fugitive dust is wind erosion from stockpiles. Jacko (1983) has given estimates of fugitive dust from mining operations. In opencast mining, workers are exposed to concentrations ranging from 3-5 mg/m3 in coalfaces to 1-2 mg/m3 in 38 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. overburden faces. After haul roads, drilling is perhaps the next most important source of fugitive dust. During drilling in overburden benches, the dust concentration varies between 20 and 25 mg/m3 , and in coal benches it varies between 15 and 30 mg/m3 .
32. MECHANISMS: FOR REMOVAL OF AIR POLLUTANTS BY 'GREEN BELTS' A 'green belt' is the mass planting of pollution-tolerant trees (evergreen and deciduous) in an area, for the purpose of minimizing air pollution by filtering, intercepting and absorbing pollutants in an effective manner to improve the environment (Roy and Sharma 1997; Abbasi et al. 2001). The pollutants are transferred from the atmosphere to vegetation by the combined forces of diffusion and flowing air movements (Smith 1981). Once in contact with plants, gases may be bound or dissolved on exterior surfaces or taken up by the plant via stomata. If the surface is wet and pollutants are water soluble, then they are removed by the diffusion process. When the plant is dry, or in the case of gases with low solubility, air movement is assumed to be an important mechanism. The rate of gaseous pollutant removal depends on the solubility of pollutants in water and is reported as following the order: HF > SO2 > Cl > NO2 > O3 > PAN> NO > CO (Hill 197l; Bennett and Hill 1975).
Trees are to be selected based on location, availability and sustainability given the climate; and on the type of pollutants and their intensity. Trees with compact branching, closely arranged leaves, broad leaves of simple elliptical and hairy structure, shiny or waxy leaves and high proline content are suitable for arresting dust pollutants (Maiti 1993). All the plant parts act as sinks; leaves 39 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. intercept 60-90%; petioles (leaf stalks) 3-30%; and stems 4-14% (Smith 1981). The natural sink processes are precipitation, chemical reaction, sedimentation and absorption. Research into the criteria for selection of plant species for gaseous pollutant attenuation in India is very sparse. The Central Pollution Control Board (CPCB) has suggested the following criteria for selection of plant species for removal of particulate pollutants:
(i) Height and spread of crown;
(ii) Arrangement of leaves (phyllotaxy);
(iii) Abundance of surfaces on bark and foliage, through:
• roughness of bark • epidermal outgrowth on petioles • abundance of auxiliary hairs (trichomes) • stomata protected (hairs, wax, etc.).
In the present investigation, stomatal features of 51 tree species commonly growing in mining areas were studied and ranked according to their ability to absorb gases and dust.
33. Green belt is an effective and economic means of mitigating air pollution and remains effective for a long period of time. It is the canopy which acts as a sink for gaseous air pollutants. The limitations in green belt development observed during the study were:
i. the diversity of tree species was not considered; ii. monoculture plantation was widely practised; and iii. plant density was not normal, being either too high or too low. As a result, bole height (branchless tree trunk) was very short. It is suggested that plant species selection for the construction of 40 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
green belt should be made on the basis of stomata characteristics, and an in-depth study is essential. The study reveals that the removal of gaseous pollutants depends on stomatal frequency and size. In some species, stomatal frequency was found to increase in polluted areas. Selection of plant species should be made on the basis of size of stomata, stomatal frequency, stomatal coverage, and tolerance to specific pollutants. The methodology adopted for the study may form the basis of guidelines, and the scheme proposed for designing green belt for attenuation of air pollution will be useful on an industrial scale for various sites.
34. Learned counsel for the respondent has argued that sustainable development means for making a balance between the right to environment and development and further that sustainable development is a means to eradicate poverty and improve the quality of human life while living within the carrying capacity of supporting ecosystem. He has relied on the (2025) 4 SCC 150, 2025 SCC Online SC 557 The Auroville Foundation Vs. Navroz Kersasp Mody & Ors. where vide order dated 17.03.2025 disposing the Civil Appeal No. 5781-82/2022 Hon'ble the Court observed as follows:-
"Law on the protection of environment (Para 45) The traditional concept that development and ecology are opposed to each other is no longer acceptable. "Sustainable development" has been accepted as a viable concept to eradicate poverty and improve the quality of human life, while living within the carrying capacity of 41 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. supporting ecosystems. "Sustainable development" as defined by Brundtland Report means "development that meets the needs of the present without compromising the ability of the future generations to meet their own needs".
(Vellore Citizens' Welfare Forum v. Union of India, (1996) 5 SCC 647, followed).
(Para 46) There need not necessarily be a deadlock between development on the one hand and the environment on the other. The objective of all laws on environment should be to create harmony between the two since neither one can be sacrificed at the altar of the other.
There should not be development at the cost of environment and vice versa, but there should be development while taking due care and ensuring the protection of environment.
(Essar Oil Ltd. v. Halar Utkarsh Samiti, (2004) 2 SCC 392; Indian Council for Enviro-Legal Action v. Union of India, (1996) 5 SCC 281, followed) (Para 48) The adherence to sustainable development principle is a sine qua non for the maintenance of the symbiotic balance between the rights to environment and development. Right to environment is a fundamental right. On the other hand, right to development is also one. Here the right to "sustainable development" cannot be singled out. Therefore, the concept of "sustainable development" is to 42 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.
be treated as an integral part of "life" under Article 21 of the Constitution.
(N.D. Jayal v. Union of India, (2004) 9 SCC 362; State of H.P. v. Ganesh Wood Products. (1995) 6 SCC 363; M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388; Vellore Citizens' Welfare Forum v. Union of India, (1996) 5 SCC 647, followed) (Para 49) As demonstrated earlier, in the instant case, no substantial question relating to environment had arisen, nor violation of any of the enactments specified in Schedule I of the NGT Act, was alleged. The Tribunal therefore had committed gross error in assuming the jurisdiction and giving directions untenable in law. (Para 50) In that view of the matter, the impugned orders passed by the Tribunal being without jurisdiction and legally untenable deserve to be quashed and set aside." (Navroz, Kersasp Mody v. Auroville Foundation, 2022 SCC OnLine NGT 5402; Navroz Kersasp Mody v. Auroville Foundation, 2022 SCC OnLine NGT 2934; Navroz, Kersasp Mody v. Auroville Foundation, 2021 SCC OnLine NGT 4505, reversed Auroville Foundation v. Navroz Kersasp Mody, 2023 SCC OnLine SC 2353, referred to Appeals stand allowed [RM- D/72272/C]).
35. The main question raised by the Learned Counsel for the applicant relates to the public hearing on the ground that in-spite of the fact that the villagers repeatedly filed objections during the proceeding but 43 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. the respondent authorities has not taken care of. In reply thereof, the Learned Counsel for the respondent has submitted that the applicant was instrumental in providing and managing the land for expansion of the project and he was fully aware about the activities of the unit and further assisting for provision of land and for the reasons best known to him, he again filed this petition for ulterior motives. It is further stated that public hearing took place on 15.03.2023 and after objections raised by the public, it was finally heard and decided by the authorities concerned.
36. The report of the SEIAA, Chhattisgarh has been filed with the reply where the matter of nearest abadi site, land, air pollution, consumption of water, and source of water, rain water harvesting, EIA report, plantation of tree, and cumulative impact assessment was considered vide meeting dated 22.05.2023. In Para 16, the SEIAA has considered the report and points of public hearing and it is found that the opportunity of public hearing was provided and the copy of the proceedings was sufficiently discussed in the meeting.
37. It is further argued that the proceedings of the public hearing discloses that everyone were given an opportunity of hearing and approximately more than 74 persons presented their objections which were duly discussed and resolved. Accordingly, the matter of public hearing and lack of public hearing is not substantiated by any cogent evidence and this ground is not found to be genuine.
38. Learned counsel for the applicant has raised the issue of plantation, public health and road construction, and the report on that point has been called from the CECB and Forest Department. The Forest Department has suggested the plantation and methods and its 44 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. survival and further that the health camps are being organized during the proceedings of this Tribunal, but regular health camp is required to check up the health status of the public.
39. In view of the above facts and discussion, we direct as follows:-
i. The respondent/project proponent is directed to maintain the minimum green belt, plantation of trees as to maintaining green belt in three-tier level system, have to maintain a green wall of 40 meters in the railway siding area, to make necessary provisions for plant protection and preservation by maintaining the quality of the soil as suggested by the committee or any alternate method which is suitable at the place in consultation with the Agriculture Department and to ensure the protection in the green belt area.
ii. The approach road should be properly maintained and there should be regular water sprinkling by the project proponent.
iii. So far as the construction of the road and its maintenance is concerned outside the unit area within the jurisdiction of the PWD or the National Highway, the same may be maintained by the DMF fund or the CAMPA fund from the taxes and revenue generated through the project proponent. In case of non-availability of the fund, the State Administration/PWD Department may have to take a meeting with the project proponent and to make a proper and necessary arrangement of the fund. 45 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors. iv. In-charge of the Primary Health Centre, Village - Sivni, District - Janjgir Champa, Chhattisgarh, is directed to have a regular check-up health camp in the area in consultation and cooperation with the project proponent and to make every effort to provide the medical assistance to the locals, periodically and not more than 30 days.
v. For maintaining and protection of the green belt and plants, the research work as narrated above and given in paragraph 33 must be taken into account by the respondents and necessary action must be done in accordance with the consultation of the Forest Department as suggested in the research paper. vi. The CECB is directed to periodically monitor the status of the health camps and development of green belt and in-case of any deficiency, the remedial measures must be taken immediately in consultation with the authorities concerned.
40. With these observations, the Original Application No. 168/2024 is stands disposed of.
Sheo Kumar Singh, JM Dr. A. Senthil Vel, EM 14th July, 2025 OA No. 168/2024(CZ) PN 46 O.A. No. 168/2024(CZ) Chitrabhan Singh Rathore & Ors. Vs. State of Chhattisgarh Ors.