National Green Tribunal
Saurabh Dev Pandey vs State Of Madhya Pradesh on 11 October, 2023
Item No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.97/2023 (CZ)
(O.A. No. 315/2022-PB)
'
Saurabh Dev Pandey Applicant(s)
Versus
State of Madhya Pradesh & Ors Respondent(s)
Date of completion of hearing and reserving of order: 09.10.2023
Date of uploading or order on website: 11.10.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): None
For Respondent(s) : Mr. Atmaram NS Nandkarni, Sr. Adv.
Mr. Prashant H. Harne, Adv.
Mr. Mehul Bhardwaj, Adv.
ORDER
1. This Original Application was initiated on the basis of the 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 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 coordination 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:
2.1The Suliyari Mine is situated in the Sarai Tehsil of the Singrauli district. The mine is situated on the SuliyariDongri 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. 2.2 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 2.3 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. 2.4 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. 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.
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
1. Agriculture Land 251.860 - 251.860
2. Forest Land 259.239 - 259.239
3. Waste Land 396.720 - 396.720
4. Grazing land 0.00 - 0.00
5. Surface Water Bodies 46.060 - 46.060
6. Settlements 51.990 - 51.990
7. 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.
3.3 Unlike mentioned in the letter complaint, the no. of tress that have been recorded in the records of the forest 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.
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. 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 बस्तेमेडालदिया) 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.‖ 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. The matter was again taken up by this Tribunal on 04.08.20222 and in Para-7, the Tribunal observed as follows:
―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 biodiversity (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 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. The Tribunal further constituted another Committee with the Forest Department to submit the report with regard to the plantation. The Principal Chief Conservator of Forest vide letter and report dated 21.09.2022 had submitted that compensatory aforestation is to be done on 259 hectares of revenue land, the details have been given with the report.
9. Notices were also issued to the respondents and the project proponent Respondent No. 8 M/s The Andhra Pradesh Mineral Development Corporation Limited has filed the reply with the facts that respondent is a government of Andhra Pradesh undertaking and Ministry of Coal, Government of India has allotted the said blocks situated in District Singrauli, Madhya Pradesh in the year 2007. It is further submitted that the requisite necessary consent and clearance including consent to establish and consent to operate mine opening permissions and environment as well as forest clearances for starting of mining in the Singrauli block has been taken by the competent authority. Further contention and reply of the respondents / project proponent are as follows:
13. It has been noted by this I-Ion'ble Tribunal in its order dated 04.08.2022 at pare 5 that "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". In this regard it is submitted that as per the Gazette Notification dated 291h August 2017 issued by the Ministry of Environment, Forest and Climate Change (MOEF&CC), whereby the Ministry has notified the following under clause (1): -
"(1) Extent and boundaries of Eco-sensitive Zone -- (1) The extent of Eco-Sensitive Zone is up to 2 kilometers from the boundary of Sanjay National Park and Sanjay Dubri Wildlife Sanctuary, which together constitute the Core Area of the Sanjay Dubri Tiger Reserve.
14. Further, the MOEF&CC vide its Office Memorandum F.No.22- 43/2018-IA.III dated 08.08.2019 has provided the procedure for consideration of developmental projects located within 10 km of National Park / Wildlife Sanctuary seeking environmental clearance under the provisions of the Environmental Impact Assessment (EIA) Notification, 2006 and clause 4 (ii) of the said Office Memorandum clearly provides as under: -
"ii. Proposals involving developmental activity I project located outside the stipulated boundary limit of notified ESZ and located within 10 km of National Park / Wildlife Sanctuary, prior clearance from Standing Committee of the National Board for Wildlife (SCNB WL) may not be applicable. However, such proposals from environmental angle including impact of developmental activity I project on the wildlife habitat, if any, would be examined by the Sector Specific Expert Appraisal Committee and appropriate Conservation measures in the form of recommendations shall be made. These recommendations shall be explicitly mentioned in the environmental clearance letter and shall be ensured by the member secretary concerned."
15. As per requirement of State Forest Department, a Site-Specific Conservation Plan / Wildlife Management Plan was prepared for the block project and same was approved by the Chief Wildlife Warden. It is pertinent to note here that Chief Wildlife Warden vide its letter no.6538 dated 16.09.2019 has approved the Site-Specific Wildlife Conservation Plan and also directed the answering respondent to deposit Rs.35.45 crores which includes Rs. 25 crores towards Sanjay Gandhi Tiger Reserve.
16. In addition to the above and as directed in the approval letter of Wildlife Management Plan, an amount of Rs. 66.20 Crore was deposited in CAMPA vide RTGS payment dated 12th January 2021 including cost of Wildlife Management Plan of Rs. 35.45 Crores. Further, it is imperative to mention herein that implementation of Wildlife Management Plan is the responsibility of State Forest/Wildlife Department with the funds deposited by User Agency i.e. APMDC.
17. On the issue of the displacement of the local population due to coal mining, it is submitted that there is no requirement for obtaining the approval from the Ministry of Tribal Affairs, Government of India. It is pertinent to note here that all the benefits related to the habilitation and Resettlement, Land Acquisition Compensation etc. have been provided by the answering respondent to the concerned local population.
18. It is submitted that the total forest land to be diverted for the Coal Block is 259.239 Hectares, for which the Ministry of Environment, Forest and Climate Change has already granted Stage-I Forest Clearance vide letter dated 15th December 2020. That condition-wise compliance of Stage-I Forest Clearance was submitted to Divisional Forest Officer (DFO), Singrauli, vide letter dated 181h March 2021
19. That Final Stage-2 Forest Clearance was granted on 15.06.2021 followed by the Forest Diversion order dt. 02.07.2021 of the Forest Department, State of Madhya Pradesh. The Environmental Clearance for the Coal Block was granted vide letter dated 12.04.202.
20. It is further submitted that the answering respondent has provided the non-forest land for compliance of compensatory afforestation at 267.46 hectare of land in lieu of the forest diversion of 259.239 hectares of land. It has deposited Rs. 9,93,51,319/- towards compensatory afforestation in the CAM PA Fund for carrying out the afforestation activity. Further, it is highlighted that implementation of compensatory afforestation is the responsibility of State Forest Department with the funds already deposited by Answering Respondent in the CAMPA.
24. That the coal block project involves 1599 affected families who are landowners involving 09 villages namely Khanua Naya Tola, Dongri, Jhalari, Aamdand, Majhauli Path, Belwar, Sirswah, Bajaudi and Amarikhoh and the Project Proponent has prepared a detailed 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.
25. The answering respondent submits that it has acquired 742.2 hectares of land in 9 villages, namely Aamdand, Amraikhoh, Bajaudi, Belwar, Sirswah, Dongari, Jhalari, Majhaulipath and Khanuwa Naya situated in Singrauli district, State of Madhya. It is submitted that answering respondent has deposited the entire compensation amounting to Rs. 752,74,04,687/- (which include Admin Charges of Rs.35,84,47,842/- as well) with the District Collector, Singrauli, as calculated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 for disbursal of the compensation to the affected families and till dated the District Collector has disbursed the compensation to the tune of Rs.684,01,31,593/-. It is submitted that the displaced families will be abilitated in village Khanua Naya Tola.
26.The Rehabilitation and Resettlement of Project Displaced Families (PDFs) is part of project implementation and a comprehensive socioeconomic survey to assess the actual R&R requirement which has already been carried out in the year 2012 based on the Model Rehabilitation Policy 2002 of Madhya Pradesh. As per survey, the project demands for approximately 1599 families to be rehabilitated and resettled. Further, since the coal block was cancelled in the year 2014 due to the judgment of Hon'ble Supreme Court in M.L Sharma case and the block again allotted to answering respondent on 29.09.2016 by the Ministry of Coal, Government of India under the Coal Mines (Special Provisions) Act, 2015. Therefore, due to this socio-economic profile of the project area has been changed from the earlier reported socio-economic survey findings done in 2012. Subsequently answering respondent has revised the Rehabilitation & Resettlement policy in 2018 which was duly approved by the Commissioner, Rewa Division, Rewa District, Madhya Pradesh and the District Collector, Singrauli, Madhya Pradesh.
27. The Rehabilitation & Resettlement Policy has been approved under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. Under the approved R&R Scheme following benefits are provided: -
a. Allotment of house/plot 90x60 sq. ft. plot will be given to the family displaced by the project in the selected village Khanua Naya Tola for rehabilitation. In which the house will be constructed by the company, if the house built by the company is not taken by the displaced family, then Rs.5.00 lakh will be payable by the company for the construction of the house. If a family does not want to take a plot in the resettlement colony, then an amount of 2.00 lakh will be paid in lieu of the plot.
b. If a displaced family does riot want to take both the plot and the house, then Rs.2.00 lakh will be payable instead of the plot and Rs.5.00 lakh instead of the house. Altogether Rs 7.00 lakh will be payable.
c. Employment Allowance- If at least one member of each family displaced by the project is not given employment by the company within 03 years from the date of award, then that person will be given monthly living at the rate of Minimum Government Agricultural Wage Rate (MAW). Allowance Rs.7000/- Will be given If the head of the family is a female member, then she will also be eligible to get subsistence allowance, but this unemployment allowance will be payable for a period of 03 years from the date of displacement, provided that Rs.5.00 lakh by the company for self- employment to an adult member of that family. If lump sum amount is not paid.
d. Grant for Cattle Shed 50,000/- (fifty thousand) will be payable by the company to each displaced family in one lump sum for making cattle crowd for the cattle of the displaced. e. Free transportation arrangements and transportation expenses - The displaced family's household items, building materials, movable property, pets, agricultural implements, agricultural produce and transportation of his family will be arranged by the company free of cost. Apart from this, a lump sum financial assistance of Rs 50,0001- (fifty thousand) will be given to the head of the displaced family by the company as transportation expenses. f. Old Age Pension - Women and male members of every displaced family, whose age has become 55 years on the date of award, will get Rs.2000/- (two thousand) per month g. Education and Scholarship Higher Secondary with all facilities with playground for the study of children of each family displaced from the project area. Age has become 55 years on the date of passing of the award. Rs 2000/ thousand per month). h. The title of the plot will be issued to the displaced in the resettlement colony on the basis of the allotment letter of the company on the prescribed format by the concerned Tehsildar. On which the displaced person will get all the rights of the land owner. And the transfer can be done on the basis of the lease issued by the Tehsildar. The lessee Bhumiswami will have the right to transfer the land as per the law.
i. Education and Scholarship Program- The construction of a higher secondary level school building with all facilities for the study of the children of each family displaced from the project area will be done by the company in Rehabilitation Village Khanua Naya Iota. In this school, children studying from class 01 to class 12 will be provided free education and every child studying in the displaced / affected family will be provided free books, stationery, school uniform by the company. To encourage the students studying in the school, the following scholarship will also be provided by the company every month for Class 01 to 12 Boy- 500 & girl child- 600 and 50,000 will be given to the 10th and 12th first class passed students/girls.
Medical Facility- A fully equipped hospital will be constructed by the company in Rehabilitation Village, Khanua Naya Tola, in which there will be provision of maternity home, pathology lab, emergency medical room, outpatient medical room, dispensary, archives office and waiting house, drinking water etc. Free medical facilities will be provided to the family members displaced t affected by the project in this hospital.
Mahua and Tendupatta Collection Allowance- The head of any such family displaced from the project area who used to earn his family living by collecting Mahua or Tendu leaves. So, on the basis of the application of that person, after getting confirmation from the Forest Department, in the event of being found correct, the minimum agricultural wage rate fixed by the government for a minimum of 500 working days, which will not be less than Rs. 50000 / - (fifty thousand), Will be payable in one lump sum.
j. Job Training and Scholarship to Displaced Families - At least one member of each family displaced by the project. k. Priority will be given in providing employment as unskilled labor in the construction works being carried out in the project area. Persons displaced for employment in the project will register their names with the project representatives. The cooperation of the Sarpanch of the concerned Gram Panchayat will be required in this work.
l. Training to the displaced- The company will organize free industrial and computer training for the displaced from recognized institutions. And employment will be ensured by the company to the trained youth and girls. During the scholarship training, a member of the displaced family, who is receiving training, will be provided a scholarship of 1000 / - per month according to the merit.
m. Self-employment- Skill development training will be organized by the company to develop the ability of the displaced to establish their own employment.
n. Explanation of Employment- Employment means that by issuing direct appointment orders to a displaced in their project by the company, regular monthly salary is given and regular deduction is made like regular employees. This employment will be as per the rules of the company. In which Provident Fund, Gratuity and other allowances will be provided. Any person will be engaged in employment work through cooperative societies or through individual contracts. If at least one member of the displaced family is not employed by the company or he does not want to do the job himself, then a lump sum grant of Rs.5.00 lakh (Rs. five lakh) for self-employment to one member of that family.
Allotment of shops built in Rehabilitation Village Khanua Naya Tola will be made free of cost to the displaced families, 90 percent reservation of shops will be made for them. The above reservation will be done mainly for shops of grocery, general stores, medicine, milk, bread, laundry, vegetables, fruits etc. One of these shops will be kept safe for fair price shop.
The priority order of shop allotment will be as follows:
i. Self-help groups (for all sections) run by women. Physically Handicapped Persons (for all categories) ii. Scheduled Tribe Persons iii. Persons belonging to Scheduled Castes.
iv. Other Backward Classes Persons
v. Members of the family run by female head (for all classes).
vi. Person from multi-displaced family (for all classes).
vii. General category people.
However, if the applications of several persons eligible for allotment of the specified categories from the above number are brought to get the shop, then in such a situation, according to the availability of the shop, that category will be removed from the lottery system. In such a situation, according to the availability of the shop, the person of that class will be eligible to get the shop through the lottery system.
o. Formation of Shramkari Contract Committees- Labor contract committees will be formed only by the members of the displaced family from the project. Priority will be given to the members of these committees in completing the construction or other works that will be done by the project, all the action related to the formation of such self-employment committees and groups will be done by the company. The registration of these societies will be done by the Deputy Registrar Co-operative Societies.
10. In its reply by the State of Madhya Pradesh the submission of the Joint Committee report has been accepted and it has been submitted that every necessary clearances have been taken from the competent authority and mining management, plantation of trees, planning of rehabilitation, allowances, compensatory allowances, there are certain provisions in the Act and the permission was issued by the competent authority.
11. In its additional affidavit the project proponent has submitted the details of the amount disbursed to the plots / houses and for other facts and village wise and total amount which has been disbursed to different villages have been attached to the list which is available in the office of the Collector, District Singrauli.
12. The District Magistrate vide letter dated 23.02.2023 has submitted the details with regard to providing the demand letter for making the payment of Rs. 9,41,44,800/-(Rupees: Nine Crore Forty One Lacs Forty Four Thousand Eight Hundred only) for the rehabilitation and resettlement of the 122 interest holders of 06 villages effected from the APMDC Suliyari Coal Mine, as follows:
Ref.: Letter No. APMDC/COL/SUL./LA/2021-022/ 50, 51, 53, 52, 54 dated 25.01.2023 of APMDC Suliyari Coal Mine Project.
Vide the captioned referenced letter, it has been written by the General Manager, APMDC Suliyari Coal Mine Project that the Collector for the APMDC Suliyari Coal Mine Project has requested for the payment of the amount of the rehabilitation grant to the village Amdad, 73, Amaraikhoyi 13, Siraswah - 26, Dhirauli - 09, Bajoudi - 01, thus a total of 122 displaced families out of the approved 1599 displaced families. Its details are as under: -
Village Amdad- 43 Sr. No Detail Interest holder Amount Total amount
13. The details of the families whose compensation have been awarded and other unemployment grant have also been provided by the project proponent. The respondent no. 1, 2, 3, 4, 5 and 7 has submitted the reply with the following facts:
4. It is submitted that a total of 9 villages in district Singrauli were displaced due to the setting up of the Sulyrari Coal Block and a plan for their rehabilitation and re-settlement was prepared by Collector Singrauli and the same was approved vide letter dated 20.03.2018 by Commissioner, Rewa. That according to the plan for rehabilitation and re-settlement of approximately 1341 families from 9 villages in District Singrauli who were displaced due to the setting up of Sulyari Coal Block were rehabilitated over an area of 123.50 hectares at Village Khanua Naya Tola, District Singrauli, M.P.
5. That under the Rehabilitation and Re-settlement plan the following benefits are provided to the displaced individuals and families :-
a. Allotment of house/plot 90x60 sq. ft. plot will be given to the family displaced by the project in the selected village Khanua Naya Tola for rehabilitation. In which the house will be constructed by the company, if the house built by the company is not taken by the displaced family, then Rs.5.00 lakh will be payable by the company for the construction of the house. If a family does not want to take a plot in the resettlement colony, then an amount of 2.00 lakh will be paid in lieu of the plot b. If a displaced family does not want to take both the plot and the house, then Rs.2.00 lakh will be payable instead of the plot and Rs.5.00 lakh instead of the house. Altogether Rs 7.00 lakh will be payable each family displaced by the project.
c. Employment Allowance- If at least one member of employment by the company within 03 years from the date of award, then that person will be given monthly living at the rate of Minimum Government Agricultural Wage Rate (MAW). Allowance Rs.7000/- Will be given If the head of the family is a female member, then she will also be eligible to get subsistence allowance, but this unemployment allowance will be payable for a period of 03 years from the date of displacement, provided that Rs.5.00 lakh by the company for self-employment to an adult member of that family. If lump sum amount is not paid.
d. Grant for Cattle Shed 50,000/- (fifty thousand) will be payable by the company to each displaced family in one lump sum for making cattle crowd for the cattle of the displaced.
e. Free transportation and arrangements :- The displaced family's transportation expenses household items, building materials, movable property, pets, agricultural implements, agricultural produce and transportation of his family will be arranged by the company free of cost. Apart from this a lump sum financial assistance of Rs 50,000/- (fifty thousand) will be given to the head of the displaced family by the company as transportation expenses.
f. Old Age Pension - Women and male members of every displaced family, whose age has become 55 years on the date of award, will get Rs.2000/- (two thousand) per month.
g. Education and Scholarship Higher Secondary with all facilities with playground for the study of children of each family displaced from the project area.
h. Free transportation and arrangements :- The displaced family's transportation expenses household items, building materials, movable property, pets, agricultural implements, agricultural produce and transportation of his family will be arranged by the company free of cost. Apart from this a lump sum financial assistance of Rs 50,000/- (fifty thousand) will be given to the head of the displaced family by the company as transportation expenses. f. Old Age Pension - Women and male members of every displaced family, whose age has become 55 years on the date of award, will get Rs.2000/- (two thousand) per month. g. Education and Scholarship Higher Secondary with all facilities with playground for the study of children of each family displaced from the project area.
h. The title of the plot will be issued to the displaced in the resettlement colony on the basis of the allotment letter of the company on the prescribed format by the concerned Tehsildar. On which the displaced person will get all the rights of the land owner. And the transfer can be done on the basis of the lease issued by the Tehsildar. The lessee Bhumiswami will have the right to transfer the land as per the law.
i. Education and Scholarship Program- The construction of a higher secondary level school building with all facilities for the study of the children of each family displaced from the project area will be done by the company in Rehabilitation Village Khanua Naya Tola. In this school, children studying from class 01 to class 12 will be provided free education and every child studying in the displaced affected family will be provided free books, stationery, school uniform by the company. To, encourage the students studying in the school, the following scholarship will also be provided by the company every month for Class 01 to 12 Boy-500 & girl child-600 and 50,000 will be given to the 10th and 12th first class passed students/girls.
j. Medical Facility- A fully equipped hospital will be constructed by the company in Rehabilitation Village, Khanua Naya Tola, in which there will be provision of maternity home, pathology lab, emergency medical room, outpatient medical room, dispensary, archives office and waiting house, drinking water etc. Free medical facilities will be provided to the family members displaced / affected by the project in this hospital.
k. Mahua and Tendupatta Collection Allowance- The head of any such family displaced from the project area who used to earn his family living by collecting Mahua or Tendu leaves. So, on the basis of the application of that person, after getting confirmation from the Forest Department, in the event of being found correct, the minimum agricultural wage rate fixed by the government for a minimum of 500 working days, which will not be less than Rs. 50000/- (fifty thousand), Will be payable in one lump sum.
l. Job Training and Scholarship to Displaced Families :-
At least one member of each family displaced by the project.
m. Priority will be given in providing employment as unskilled labour in the construction works being carried out in the project area. Persons displaced for employment in the project will register their names with the project representatives. The cooperation of the Sarpanch of the concerned Gram Panchayat will be required in this work.
n. Training to the displaced- The company will organize free industrial and computer training for the displaced from recognized institutions. And employment will be ensured by the company to the trained youth and girls. During the scholarship training, a member of the displaced family, who is receiving training, will be provided a scholarship of 1000/- per month according to the merit.
o. Self-employment - Skill development training will be organized by the company to develop the ability of the displaced to establish their own employment. p. Explanation of Employment - Employment means that by issuing direct appointment orders to a displaced in their project by the company, regular monthly salary is given and regular deduction is made like regular employees. This employment will be as per the rules of the company. In which Provident Fund, Gratuity and other allowances will be provided. Any person will be engaged in employment work through cooperative societies or through individual contracts, If at least one member of the displaced family is not employed by the company or he does not want to do the job himself, then a lump sum grant of Rs.5.00 lakh (Rs. five lakh) for selfemployment to one member of that family.
q. Allotment of shops built in Rehabilitation Village Khanua Naya Tola will be made free of cost to the displaced families, 90 percent reservation of shops will be made for them. The above reservation will be done mainly for shops of grocery, general stores, medicine, milk, bread, laundry, vegetables, Truits etc. One of these shops will be kept safe for fair price shopThe priority order of shop allotment will be as follows:
i. Self-help groups (for all sections) run by women. ii. Physically Handicapped Persons (for all categories). iii. Scheduled Tribe Persons iv. Persons belonging to Scheduled Castes. v. Other Backward Classes Persons vi. Members of the family run by female head (for all classes).
vii. Person from multi-displaced family (for all classes). viii. General category people.
However, if the applications of several persons eligible for allotment of the specified categories from the above number are brought to get the shop, then in such a situation, according to the availability of the shop, that category will be removed from the lottery system. In a situation, according to the availability of the shop, the such person of that class will be eligible to get the shop through the lottery system.
r. Formation of Shramkari Contract Committees- Labor contract committees will be formed only by the members of the displaced family from the project. Priority will be given to the members of these committees in completing the construction or other works that will be done by the project, all the action related to the formation of such self- employment committees and groups will be done by the company. The registration of these societies will be done by the Deputy Registrar Co-operative Societies.
That a copy of the Rehabilitation and Re-settlement Plan prepared by Collector Singrauli and the same was approved vide letter dated 20.03.2018 by Commissioner, Rewa is marked and annexed herewith as Annexure R1- 1 and the photographs along with GPS co-ordinates of the development in Village Khanua Naya Tola, District Singrauli, M.P. is marked.
6. It is further submitted that the Project Proponent, i.e., Respondent No. 8 in the present Original Application deposited a sum total of Rs. 752,74,04,687/- (including Admin Charges of Rs. 35,84,47,842/-) with District Collector, Singrauli, as calculated as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, for disbursal to affected families. It is further stated that the District Collector, Singrauli has already disbursed a total amount of Rs.
726,25,40,636/- to the displaced families.
7. It is further submitted that in compliance of Order dated 04.08.2022, the Principal Chief Conservator of Forest has submitted a Report pertaining the year-wise plan to carry out Afforestation by the Forest Department and the same was filed on 22.09.2022 and the same was taken on record vide order dated 24.03.2023 by the National Green Tribunal, 1554 10 Principal Bench, New Delhi in Original Application No. 315 of 2022
7. In view of the above facts, arguments advanced and the documents, we are of the view that the MoEF & CC has properly examined the issue and necessary directions have already been issued and accordingly the Collector is executing the orders.
8. In view of the above facts, we direct the Collector to enforce all the provisions which has been made and narrated above and to ensure that there should not be any violation of rules, and guidelines issued by the MoEF & CC.
9. With these observations, letter petition stands disposed of accordingly.
SHEO KUMAR SINGH, JM DR. AFROZ AHMAD, EM 11th October, 2023 O.A No. 97/2023 (CZ) PU