Shivpal Bhagat vs Union Of India on 15 February, 2022

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National Green Tribunal

Shivpal Bhagat vs Union Of India on 15 February, 2022

1. The issue for consideration is the remedial action against pollution caused by the Thermal Power Plants and Coal washeries in Tamnar and Gharghoda blocks of Raigarh District in Chhattisgarh, including M/s Ambuja Cement Limited Coal Mine (GP IV/8) and M/s Mahavir Energy and Coal Benefication Limited, M/s TRN Energy Private Limited, Nawapara Raigarh, M/s Hindalco Industries Limited Coal Mine, , M/s Jindal Steel & Power Limited, Dongramau, Tamnar, M/s Chhattisgarh State Power Generation Company Limited and M/s Jindal Power Ltd., Tamnar. Operation of said units is resulting in contamination of air, water and land and having adverse impact on the environment and the habitants. Water and soil have toxic metals, having potential for health hazard, requiring monitoring of emissions, making the polluters 1 accountable and regulating the polluting activities. Further, in view of dust pollution due to absence/insufficient roads, PWD has to take remedial action. In view of damage caused to the health, Health Department of the State is to hold health camps and provide health facilities to the victims.

The Chief Secretary, Chattisgarh is to oversee. The matter has been dealt with earlier in the last more than three years and factual reports have been submitted by statutory regulators based on which the Tribunal has directed remedial action. Adequacy of such action and further directions are to be considered. We may refer to the earlier proceedings and after considering current status pass further order.

Procedural History

2. Under directions of this Tribunal in the light of facts pleaded, an Expert Committee was required to verify fats and furnish a report.

Accordingly, the Committee furnished its report dated 14.10.2019, after visiting the sites and considering earlier reports on the subject. The Committee considered the mitigation measures required to be adopted by the Thermal Power Plants and the Coal washeries. The Committee dealt with the issues of ground water depletion, soil pollution, forest loss and livelihood loss were required to be addressed for which short term and long terms measures were suggested. The Tribunal directed remedial action for dealing with the deficiencies accordingly. Further direction was to review the existing arrangements and furnishing a further report.

3. The matter was further considered on 20.11.2020 in the light of CPCB report dated 17.11.2020 giving the compliance status with reference to directions of this Tribunal in a tabular form and also making further recommendations inter alia on the subjects of providing health facilities for the victims, construction of roads and availability of abandoned coal 2 mines. The Tribunal also issued directions to the Health and PWD Departments of Chhattisgarh Government and South Eastern Coal Fields.

The Tribunal also directed consideration of suggestions of the applicants for taking due precautions in the course of dumping in low lying areas.

Last order dated 24.6.2021 noticing the compliance status and directions for remedial action

4. The matter was last considered on 24.06.2021 in the light of further report by CPCB dated 16.04.2021 after conducting the field visit. The report gave status of compliance as on 15.03.2021. The Tribunal accepted the recommendations of the Committee which were based on objective consideration of the material on record. Directions were also issued to the State Board to prepare list of the areas where unscientific disposal of fly ash had taken place and for remedial action in the matter of providing health facilities, construction of necessary road to prevent further pollution, scientific disposal of the fly ash and assessment of compensation for the past violations. Having regard to the continued violation of serious nature, the Tribunal directed that Oversight Committee will now be headed by a former Judge of High Court for a period of six months from the date he joins the first meeting of the Committee. The operative part of the order dated 24.06.2021 is as follows:-

"1to3...xxx.......................................xxx..................................xxx

4. In pursuance of above, a further report has been filed by CPCB on 16.04.2021. The Committee held meetings during 15th-17th March, 2021 and also conducted field visit. The status of compliance as on 15.03.2021 has been given in a tabular form. Field observations and recommendations have also been mentioned. Relevant extracts from the report are reproduced below:-

"In compliance of Hon'ble NGT order dated 20.11.2020 (Annexure- I), the 3rd virtual meeting of over sight committee was conducted on 27.11.2020. Copy of the minutes of this meeting is placed at Annexure-II.

As decided in the meeting, 3 rd field visit of Gharghoda and Tamnar area in Raigarh was conducted during 15-17th March 2021 to 3 address the suggestions given by the applicant by way of written submission filed on 18.11.2020 and to assess progress on the ground in terms of compliance with short term recommendations. The Oversight committee has conducted meeting with applicant on 15.03.2021 in the meeting hall of Collector Raigarh. Sh. Bhim Singh, IAS, Collector Raigarh was also with other members of the Oversight Committee. As decided in the meeting on 27.1.2020 Sh. Shivpal Bhagat, (Applicant) was informed about schedule of the meeting through e-mail on 12.03.2021 and through phone on 15.03.2021. Copy of the mail is placed at Annexure-III. Three applicants out of six have attended the meeting viz Sh. Sriram Gupta S/O Mansha Ram Gupta (Applicant 4), Ms. Rinchin D/O Bina (Applicant 5) and Janki Sidar W/o Bharat Sidar (Applicant 6).

All three applicants were then invited to join the Oversight Committee in its field visit on 15th and 16th March 2021. Contaminated sites and fly ash disposal sites shown by the applicant were listed and course of action decided / recommended by the committee has also been recorded in field visit report. Copy of the field visit report is placed at Annexure-IV.

The compliance status of short term and long term measures are presented as under-

S. ORDERS OF THE HON'BLE NGT COMPLIANCE REVIEW STATUS AS No FROM RECOMMENDATIONS IN ON 15.03.2021 THE REPORT, NOVEMBER 2019 01 Short term measures Requiring all coal mines in Raigarh Two SECL mines (IV/2,3) and one JPL district to accept fly ash for disposal mine (IV/1) are accepting fly ash.

through OB dump and back-filling. Letters were issued to SECL Chaal (Action by respective Coal mine OC, Monnet Ispat, HINDALCO Limited companies). and M/s Ambuja Cement Ltd. M/s HINDALCO mines informed about no OB dump because of continuous back filling of mined area with OB as per Approved mining plan. M/s Monnet Ispat Mines has been taken over by SECL. No response received from M/s Ambuja Cement Limited. MoEF &CC vide its notification dated 28th August 2019 has modified the conditions stipulated in the EC of TPP and coal mines in line with the fly ash notification and subsequent amendment. It has been mentioned in point no 7 that ministry has stipulated the conditions which prohibited the 4 use of fly ash in abandoned mines/low lying area/ soil conditioner in agriculture following the guide lines prepared by CPCB.

Accordingly CECB shall amend the consent conditions of all TPP and Coal Mine.

More over CEA vide its letter dated 14.02.2020 has informed about declaration of abandoned mines on recommendation of task force. The list includes 24 abandoned OC mines of Chhattisgarh to be used for filling of fly ash generated from TPP. The committee has suggested to Chairman, Chhattisgarh Environment Conservation Board for constitution of State Level Committee to decide the mode and quantity of fly ash to be disposed in working/ abandoned mines/quarries in the State. The same committee may also look after the fly ash disposal issues in Raigarh also on priority. Copy of the letter issued to Chairman, CECB, Raipur, is placed at Annexure-V. Action from CECB is awaited.

b) Given the seriousness of improper District Collector of Raigarh has fly ash dumping in low lying areas, issued letter to concerned department and the practical difficulty in for directing all gram panchayats for rigorously monitoring the not issuing any NOC to use low lying implementation of the recent SOP in area for disposal of Fly Ash. During the field, no further disposal of fly visit of the committee, disposal of fly ash in low-lying areas by TPP/CPP ash in low lying area was observed companies to be permitted and all but seems to be disposed before issue Gram Panchayats in Raigarh district of the order by the collector. to be directed to stop issuing NOCs for the same.

As per preconditions of SOP Power plant/ land owner/agency shall obtain statutory permission from regulatory authorities such as SPCB as per requirement.

CECB is to submit list of the locations of low lying areas being used or earlier used for unscientific disposal of fly ash for which permission has been granted by local administration after getting NOC from CECB.

c) Requiring that whatever coal is It was informed by Regional officer being supplied to JPL and JSPL from CECB, Raigarh that Jindal Power Gare Palma IV/2&3 should be limited (JPL) has received 44,25,66 transported through the already MT coal in 2019-20 and 40,24,274 MT existing closed conveyor belts and coal in 2020-21 through conveyor belt. no such coal transport should be allowed via trucks. (Action by SECL).

d) Establishment of monitoring cell by PHED Raigarh has informed that PHED to monitor water quality being water testing laboratories are used by the residents of villages and functional at Gharghoda and Raigarh provide pre - treatment facility and for testing of drinking water quality of removal of geogenic contaminants the area. Moreover 12 hand pumps, and anthropogenic contaminants 02 Power pumps and 01 tap water before its use as drinking water. supply have been provided in Kondkel Specifically, the quality of water area. The residents of the village treatment in the mine-supported has informed about frequent water supply system in village lowering of ground water table Kondkhel needs to be ensured by due to UG mining activity.

PHED as per drinking water norms. Representative of the PHED was also in concurrence with the observation of the villagers. In order to ensure regular and good water quality to villagers the committee has directed M/s Hindalco to provide tap water in village and ensure quality of water in coordination with PHED Raigarh. M/s Hindalco has submitted detail of mine quantity generation and its mode of treatment to committee. PHED is to submit the quantity of water required for kondkhel village. The committee has also suggested to obtain details from Central Ground Water Authority about water recharge points provided by the coal mines at the time of obtaining NOC.

e) Installation of adequate number of As per field report by CECB, RO, CCTV and CAAQM stations in coal Raigarh it seems that CCTV has been 6 mining area. Proper records under installed by M/s HINDALCO CCTV coverage shall be maintained Industries, SECL Gare Palma IV/2 & by coal mines to ensure movement of 3, SECL Chhal. SECL Gare Palma covered trucks loaded with coals IV/1. At the time of visit M/s Monnet and regular and comprehensive Ispat Mines were not found operation of sprinklers in coal zone, operational. stockyard and all mine roads.

CAAQMS shall be connected to CECB/CPCB server, and also In case of installation of CAAQMS displayed on the mine gates for committee has instructed Member public information. (Action by Secretary, Chhattisgarh Environment respective coal mine companies). Conservation Board to issue directions to all coal mines for installation of CAAQMS and its connectivity with CPCB/CECB server. Copy of the letter is placed at Annexure-VI. Status of the same is awaited from MS, CECB, Raipur

f) Proper repairing and maintenance of EE PWD, Raigarh Sh R K Kharma has roads both inside and outside the informed the committee about mine area to ensure smooth requirement of immediate construction movement of trucks and other load of approximate 111 Km CC road carrying vehicles. (Action by Public (Raigarh to Dharmajay Garh about 76 Works Department and respective Km and Punjipatra to Milupara about mining companies). Indian Railways 35 Km) but due to budget to be directed to submit a time-bound constraint the work is pending action plan for commissioning of the since last several years. railway line in Tamnar and Letter issued to PS, PWD, S-1/03, Gharghoda blocks to ensure all coal Mahanadi Bhawan, Raipur by this transportation by rail.

office vide number RDB/ NGTOA104/2018/553 dated 07.09.2020 and 6.01.2021 to sanction Rs. 335 crore for construction of 111 km CC road.

No response has been received from PS, PWD, Chhattisgarh Government.

IRCON International Limited, in reference to our letter dated 07.09.2020 has informed that 44 Km Railway line work from KharsiaGharghoda- Korichhapar has been completed and started transportation of coal. Work for 14 km rail line from Gharghoda- bhalumuda-

Gare Palma will be completed by June 7 2021. IRCON has to construct 05 numbers of coal siding in Tamnar and Gharghoda area for increasing rail coal transportation.

Compliance in Progress.

g) Proper and free health care facilities Mitigation measure for health issues is with multispecialty treatment to be overseen by the Principal system may be provided in all coal Secretary, health, Govt. of mineadjacent villages as per the Chhattisgarh. For this purpose, the recommendations of the committee existing arrangements in the local report of 14.6.2019 in the Dukalu areas may be reviewed and further Ram (OA 314/2014 CZ) case. (Action strengthened to meet the by respective coal mine companies). requirements. The Principal Secretary Health, Govt. of Chhattisgarh is at liberty to issue appropriate directions to the concerned project proponents also for their initiatives out of CSR funds. Collector Raigarh has assured to arrange the required medical facility in the area by way arranging health screening camps in all villages within next few months.

h) Strict vigilance by MOEF&CC for MoEF&CC has issued letters to all green belt development compliance coal mines for submitting updated as per EC conditions status of green belt developed.

                                       Responses received        are being
                                       compiled and submitted in next
                                       meeting of the committee.

i)   We also recommend that no further        Letter was issued in September 2020
     conversion of UG mines to Open Cast      to     MoEF&CC         (IA-Coal)    for
     mines be permitted in Tamnar and         implementation of restriction on
     Gharghoda, keeping in mind the           conversion of UG coal mines to OC coal
     environmental costs in terms forest      mines in Tamnar and Garghoda area
     loss, major noncompliance in             of District Raigarh. MoEF&CC
     pollution    control  and     social     representative in the committee has
     cost(rehabilitation).                    now sent follow-up e-mails to IA
                                              division       reiterating       these
                                              recommendations.

02 LONG TERM MEASURES

a)   Commissioning a detailed and             CECB vide its letter dated 31.03.2021
     comprehensive environmental load         has invited proposal from NEERI,
     carrying  capacity   study    (as        Nagpur for conducting Carrying
     mentioned in NGT order), to be           capacity study in Tamnar &
     carried  out   by    a   reputed         Gharghoda Blocks of District Raigarh.




                                                                                  8
      environmental research     institute The Technical and Commercial
     over a 24 month period.              proposal is to be provided by NEERI,
                                          Nagpur within 15 days. (Annexure-
     Mode of commissioning of this study VII)
     may please be decided by the
     Hon'ble NGT and necessary
     directions may please be issued
     accordingly

b)   To reduce the pollution and other         As per report obtained from SECL it is
     impacts caused by road transport of       evident 35% increase in daily average
     coal and other minerals directions        dispatch by rail in comparison to the
     may be issued that coal transport by      FY-2019-20 after construction of new
     road from coal mines or to thermal        rail line between Kharsia-Gharghoda-
     power plants in these two blocks will     Korichhapar. Coal dispatch from
     be permitted only for 1 year, after       Korichhapar        railway      siding
     which transport must be done by rail      commenced in the FY2019-20.
     of closed conveyor belt.


                                               SECL and IRCON shall submit
                                               detail about total transportation
                                               of coal through Rail in FY-2020-
                                               21.

c)   Condition of green belt development       Copy of Hon'ble NGT order dated
     may be incorporated at TOR stage of       27.02.2020 has been sent to IA-Coal
     EC application to ensure that green       on 18.09.2020 for further necessary

belt work shall be in place at the time action by MoEF&CC. of final presentation for obtaining EC, which shall be verified by MoEF&CC. Further while granting Continued non-compliance of green TOR, EAC should specify the belt conditions from EAC of coal is location of the green belt to provide observed. Strict monitoring and follow buffer between coal mine and up action by MoEFF&CC is required. human settlements and specify sufficient width of the green belt for the same.

d) Ministry of coal be directed to include Pursuant upon long deliberations by the necessary provisions to ensure CPCB, Central Electricity Authority, the acceptance of fly ash in coal NTPC and Ministry of Coal through mines for disposal through OB dump Task Force, list of 24 abandoned OC and backfilling as per fly ash mines of Chhattisgarh had been notification of2009. submitted to be used for filling of fly ash generated from TPP including 3 in Gare Palma Block. Of these 3 only 01 is actually feasible.

No progress reported from CECB for constitution of the State Level Committee as proposed.

No progress reported by CMD, SECL, Bilaspur in spite of several communications from CECB, CPCB and Collector, Raigarh.

FIELD OBSERVATIONS

1. Pursuant upon long deliberations by CPCB, Central Electricity Authority, NTPC and Ministry of Coal through Task Force, list of 24 abandoned OC mines of Chhattisgarh has been submitted to be used for filling of fly ash generated from TPP. The committee has written to Chairman, CECB, Raipur for constitution of State Level Committee for management of fly ash disposal in the state with implementation of SOP notified by CPCB. The co-operation of SECL is not satisfactory as many applications of TPP of Tamnar & Gharghoda area are lying unattended by SECL.

2. District collector, Raigarh has issued letter to concern departments for directing all gram panchayats for not issuing any NOC to use low lying area for disposal of Fly ash. During visit unscientific disposal of fly ash were observed at 1) Outside TRN Power ash dyke (By TRN Energy Private Limited) , 2) In Tenda village (By TRN Energy Private Limited) , 3) Outside the Mahaveer Energy ( By Mahavir Energy & Coal beneficiation Limited). Onsite observations reveal it as legacy fly ash dump.

3. PHED, Raigarh has proposed drinking water supply scheme (Rs. 1270.41 Lakh project cost) for 10 mining effected villages of Tamnar Block. The details submitted by PHED, Raigarh was verified in Kondkel Village and found insufficient with respect to population of the village. The representative of PHED present during visit of the committee has informed that PHED has established 04 hand pumps, 04 Power pumps and 01 tap water supply have been provided in Kondkel area. The residents of the village has informed about frequent lowering of ground water table due to UG mining activity. Representative of the PHED was also in concurrence with the observation of the villagers. Hence it has been decided by the committee to obtain data of ground water recharge system in Gharghoda and Tamnar area, from central ground water authority, Raipur along with data of annual ground water level in the area.

4. Installation of CCTV system in mines of the area was reported complied by all mines whereas its proper operation and recording is to be ensured by SECL in its all mines located in Chhal and Gare Palma. RO CECB Raigarh was requested to physically verify the status of transport of coal in properly covered manner.

5. EE PWD, Raigarh has informed the committee about immediate construction of approximate 111 Km CC road (Raigarh to Dharmjaigarh about 76 Km and Punjipatra to Milupara about 35 Km) but due to budget constraint the work is pending since last several years. An amount of Rs. 335 Crore may be required to complete the construction of CC road in the area of Tamnar and Gharghoda. Hon'ble NGT in its order dated 20.11.2020 (point 5) has instructed PS, PWD to sanction the required fund and ensure execution before March 2021. During field visit execution of the work was not observed, hence the issue was further clarified with EE, PWD, Raigarh who informed as under-

 Main high way connecting Raigarh to Dharamjaygarh has now been included in National Highway Scheme  Stretch from Chhal mines to Gharghoda has been approved for two lane  Stretch from Punjipatra to Milupara via Tamnar not yet approved.

In view of the above committee has instructed to EE, PWD, Raigarh to identify badly damaged patches in this stretch and prepare a budget and get same approved so as to complete the work within three months. Stretch from Punjipatra to Milupara via Tamnar has also to be taken on highest priority because of the heavy traffic load on this route.

IRCON International Limited, has informed that work for 14 km rail line from Gharghoda - Bhalumuda - Gare Palma will be completed by June 2021. IRCON has to construct 05 numbers of coal siding in Tamnar and Gharghoda area for increasing rail coal transportation. As on date of committee visit IRCON has completed 04 coal siding and made 01 siding operational. As per data received from major mining company of the area i.e. SECL, it is reported that 35% coal transport increase has been observed in comparison to last financial year 2019- 2020. (Annexure-VII) It is assumed that coal transport by rail may increase by 50% in addition to earlier transport after completion of the project SECL and IRCON shall submit detail about total transportation of coal through Rail in FY-2020-21.

6. CECB vide its letter dated 31.03.2021 has invited proposal from NEERI, Nagpur for conducting Carrying capacity study in Tamnar & Gharghoda Blocks of District Raigarh. The Technical and Commercial proposal is to be provided by NEERI, Nagpur within 15 days. (Annexure-VII)

7. The committee has also discussed the issues in meeting with Collector, Raigarh to expedite the required development as directed by Hon'ble NGT in its order. The outcome of the meeting has been considered in the recommendations.

8. In order to make information of the Oversight Committee's work public domain, Collector Raigarh agreed to host a webpage on the Raigarh District website and directed the District information officer (Raigarh) to coordinate with the committee regarding the same.

In view of the above field observations, the recommendations of Oversight Committee are as under

RECOMMENDATIONS -

1. Chhattisgarh Environment Conservation Board shall prepare list of areas where unscientific disposal of fly ash has occurred with specific remark of status about permission granted.

2. Chhattisgarh Environment Conservation Board shall also generate data about total quantity of coal mined in Raigarh, total quantity of coal being used by the industries in Raigarh and quantity of locally mined coal available for TPPs and other industries of Raigarh.

3. In order to ensure development of health facilities in the villages of mining affected areas, Principal Secretary, Health Chhattisgarh Government may be advised to keep informing the Oversight Committee about development made in health facilities.

4. Hon'ble NGT may like to direct Principal Secretary, PWD, Chhattisgarh Government to sanction budget for 111 km road from Raigarh to Dharamjaygarh and Punjipatra to Milupara via Tamnar and ensure its execution within three months. In this context time bound action plan shall be submitted to ensure timely execution of the work

5. Directions from Hon'ble NGT may also be issued to Chhattisgarh Environment Conservation Board, Raipur for constitution of State Level Committee to look in to Scientific Utilization of fly ash in the Chhattisgarh State.

6. Directions from Hon'ble NGT may also be issued to CMD, SECL, Bilaspur to expedite disposal of fly ash in abandoned coal mines declared by Central Electricity Authority, Ministry of Power, Government of India vide letter no. 1/8/27/Task Force/ 2013-

2019/TCD/230-338 dated 14.02.2020 in consultation with CECB and complete within three months."

5. From the report dated 17.03.2021 annexed to the main report as Annexure-IV, violations have been found on the part of JPL, JSPL, M/s HINDALCO Industries Limited, Mahaveer Bio-Energy Premises and CSPGCL. The observations are quoted below:-

"FIELD OBSERVATIONS

1. Unscientific dumping of fly ash- The committee has observed unscientific dumping of fly ash at several places, out of these few are temporary/ intermittent and few old dumping of legacy in nature.

 Within GP IV/1, outside mine void: Only fly ash dumping as part of backfilling of mine void along with overburden is permitted. No dumping is permitted in open areas; such dumping is leading to ash flying away into human habitation and ecosystems.

Action: As this constitutes violation of EC conditions, CECB to direct JSPL to clean up the unauthorised dump within 7 days and dispose the fly ash in the mine void through the backfilling process. The process of covering fly ash with overburden/ sweet soil appears to be very slow. JSPL shall ensure that fly ash is covered within 07 days to extent possible and also to ensure daily watering or covering up the flu ash during backfilling process.

 Within GP IV/2-3 outside mine void: Only fly ash dumping as part of mine void covered with overburden is permitted. No dumping without cover by overburden is permitted in open area as such dumping may lead to ash flying away into human habitation and ecosystem. (Pics5-6) Action: As this constitutes violation of EC conditions, CECB to direct JSPL to clean up the unauthorised dump within 7 days and dispose the fly ash in the mine void through the backfilling process.

 Leakage of fly ash slurry from JPL ash dyke: The ash dyke IIA and IIB of JSPL was observed full and representative of the industry has informed that application for permission to raise the ash dyke height is submitted in MoEF&CC. At the time of visit leakage in the exiting ash dyke was observed and ash laden water was found up to toe drain. Hence possibility of ash dyke breach in future cannot be ruled out. (Pics-07) Action: In compliance of direction from Oversight Committee CECB has inspected the site and directions to the industry is being issued under section 33 of water act. Furthermore, JPL to conduct study through a research organisation of national repute to determine the stability of the exiting ash dyke and take measures required to strengthen as needed. No permission for raising of ash dyke shall be given till safety of the dyke is assured.

 Outside TRN Power Ash dyke: TRN power has created an ash dump outside its ash dyke in the village of Nawapara Tenda( Pic- 08). The top of dump is at least 10 feet above the GL. This is not as per definition of dumping in low lying area. Moreover, fly ash utilisation report April 2020 - Jan 2021 provided by TRN 13 Power shows that they have continued to dump fly ash in low lying areas during May, June and July 2020. There are physical evidences for breaching of mud wall leading to fly ash flowing in to adjoined fields (Pic-9). More over the situation to ash flying into neighbouring habitants and ecosystem could not be ruled out. The dumping of fly ash in Tenda Village is seems to be a legacy dump (Pre-February 2020). This unscientific dumping is visibly eroding in the rain and may flow in to nearby fields and water streams. (Pic-10) Action: CECB to instruct TRN power to desist from any further dumping, to strengthen the mud dykes, to regularly watering the dump to prevent fly ash dispersal by wind, to prevent any erosion by covering the dump with soil. Actions for the long term remediation of this legacy dump will be determined once mine voids are made available for fly ash disposal.

 Outside Mahaveer Bio Energy Premises: Mahaveer Bio energy has created an ash dump behind its premises. (Pics- 11) The top of the dump is at least 10 feet above the GL and does not confirm to the SOP for dumping in low lying area. More over there is not even a proper retaining wall around the dump creating a public hazard.

Action: CECB shall issue show cause notice for improper disposal of fly ash and instruct for removal of the fly ash within 07 days  Fire in coal mine/coal dump: The committee observed smoke in gare Palma IV/2-3 (SECL). (Pic-12) SECL assured the committee that they have followed instructions provided by CIMPHER but measure advised as covering with clay have not worked. Fires/ smoke is constant hazard in coal mining. Nevertheless, fires close to human habitation need to be immediately put on to prevent pollution and health hazard.

Action: CECB to direct SECL to arrest all fire within 500 m of kausampalli and Sarasmal village within 7 days and approach DGMS immediately for obtaining better solution to deal with issues  Discharge of untreated waste water- The committee has observed discharge of untreated water from mine of M/s HINDALCO Industries Limited at Gare Palma IV/4 in to a drain leading to agriculture fields (Pic-13). The mine owner has also not demarcated mining lease area that OB dump activity could be assessed.

Action: As this constitutes a violation of EC conditions, CECB shall direct M/s Hindalco to immediately stop the discharge of effluents, and to install necessary wastewater treatment facilities and have them inspected by CECB within 1 month, show that it meets discharge quality standards set in the EC, 14 and seek approval of neighboring village Gram Sabha before releasing any further (treated) wastewater out of its mine lease area The committee also received public representation in field to the effect that the captive coal washery with in the JPL premises was releasing untreated effluents in to the Kelo River that adjoins it. The committee could not visit the visit the site to examine the situation.

Action: CECB has visited the site and reported non-operational status of coal washery, however water samples from River Kelo has been collected and final report will be submitted after completion of sample analysis.

2. Green belt and safe distance from public road/settlement- The committee has found green belt issue and indiscriminate storage of OB dump in CSPGCL (Chhattisgarh State Power Generation Company limited) mine at Gare Palma sector 3. It was observed that dumping of OB was done on both sides of public road without safe distance.

Action: Committee has instructed CECB to inspect the GP III mine and verify the actual location of OB dump as per mining plan. In case of any deviation found strict action shall be initiated in consultation with state mining department as well as Director General of Safety and Mines (DGMS). Regarding Gare Palma IV/5 MoEF&CC to verify and issue appropriate direction.

3. Making abandoned mines available for disposal of fly ash- Update: Ministry of power has identified 3 mines for fly ash dumping in Tamnar-Gharghoda region. Chhaal mine is actually not available because it is being worked. Mand mine is an UG mine has already been decommissioned. It is not easy to reuse it for fly ash dumping. DGMS will be requested to suggest ways in which it can be made available for fly ash dumping. OCP mine at Domnara is found suitable for disposal fly ash available for which SECL, Raigarh has moved the letter to its HO at Bilaspur office seeking permission. In case of permission granted for Domnara mine preference shall be given to TRN Energy Private Limited and some other power producers that generate fly ash and have limited area for fly ash disposal.

Action: Collector Raigarh shall pursue the matter with CMD, SECL, Bilaspur for an early outcome.

4. Public health facilities and disease screening- The committee has also discussed about requirement of health infrastructure and status of available facilities in Gharghoda and Tamnar area. Collector Raigarh has informed the committee that there are adequate facilities available at Tamnar CHC and at the Fortis-JPL multispeciality hospital at Tamnar. Collector 15 Raigarh has also assured to organise 'health camps' within the next 3 months in all villages surrounding the mines areas in T & G blocks, and then ensure regular screening after that on a yearly basis.

Action: CECB RO Raigarh with DC, Raigarh to reconfirm that JPL hospital is open to all villagers for free of cost treatment.

5. Improve Road quality to reduce spillage and air pollution- Gharghoda and Tamnar area of Raigarh is extremely rich in coal mineral and extensively mined by SECL and other private companies. It was observed that very less percent of coal produced in the area is available for exiting industries of Raigarh. Most of the coal mined is being transported to nearby areas in Chhattisgarh and other states. Hence road condition of Raigarh plays an important role in deterioration of ambient air quality. In order to ensure better ambient air quality an statistical balance is to be developed between road transport and rail transport. It was found satisfactory that development of rail network with five coal siding in the area are at the stage of completion. Hence it is required to decide a time line for transportation of coal by rail only especially being dispatched to other states. Road transport of coal shall be limited for those power plants operational in Raigarh.

EE, PWD, Raigarh has informed the committee that main highway connecting Raigarh to Dharamjaygarh has now been shifted to NH scheme. Stretch from Chhal mines to Gharghoda has been approved for two-lane and its strengthening. Stretch from Punjipathra to Milupara via Tamnar (25 km) and Stretch from Milupara to Lailung not yet approved.

Action: Since the actual process of constructing the NH will take at least two years, PWD is instructed to identify badly damaged patches in this stretch and prepare a budget and get the same approved and acted upon immediately (within 3 months). As far as constructions of other stretches are concerned PWD shall take highest priority because these are the stretches with heaviest traffic density.

6. Inadequate quality of drinking water supply to Kondkhel village- This could not be verified in this visit, but Hindalco was already instructed to stop providing water from Bendra nala, and to provide water from coal mine after proper filtration and treatment. Hindalco has yet to comply.

Action: Direction from collector Raigarh may be issued to M/s HINDALCO and PHED, Raigarh for compliance within three months."

6. Before discussing the report and issuing further directions, we may dispose of IAs which have been filed. I.A. No. 97/2021 has been filed on behalf of M/s Jindal Steel and Power Limited (JSPL) seeking direction for short term measures for transportation of coal. The Expert 16 Committee having already gone into the matter, we do not find any scope for piecemeal direction in isolation when the matter is being dealt with holistically based on recommendations of a credible committee, which are not shown in any manner to be erroneous. I.A. No. 97/2021 is disposed of accordingly. I.A. No. 25/2021 was filed by the applicant for modification of the constitution of the Committee. We do not find any merit in the said application as report has already been submitted which is being considered. The IA stands disposed of. I.A. No. 382/2021 is for direction to the MoEF&CC not to permit expansion of Hindalco Industrial Limited project for underground mine being converted to Opencast mine. We are of the view that instead of granting the injunction sought, the concerned authorities may look into desirability or otherwise of such expansion, in the first instance and if the applicant is aggrieved, he will be at liberty to take remedies against the permission if so taken. I.A. No. 382/2021 stands disposed of accordingly.

7. We may also note the response of the applicants to the report of the Committee. It is submitted that dumping of fly ash in low lying areas needs to be avoided in view of earlier order of this Tribunal dated 27.02.2020, based on the recommendations of the Committee as required monitoring is not viable. Further, any such unscientific dumping which may have already taken place needs to be remedied. It is further submitted that no timeline has been provided in the recommendations of the Committee for remedying long pending and continuing problems. Actions suggested on behalf of the applicants under different heads are reproduced below:-

"A. Dumping in low lying areas:

(i) The Applicants reiterate that there should be No dumping of fly ash in low lying area as has been accepted by this Hon'ble Tribunal vide it's Order dated 27.02.2020 and the Order dated 20.12.2020 be clarified in this regard and directions be issued to the Oversight Committee in this regard.

(ii) CECB be directed to amend the consent conditions of all TPP and Coal Mine as per MoEF&CC's notification dated 28th August 2019 as mentioned in the Report of the Oversight Committee

(iii) The Hon'ble NGT should direct for a clean up of the Fly Ash, since the monsoon rains will start soon and again the legacy ash dump sites will pollute the river and agricultural land."

B Repairing and Maintenance of roads inside and outside the mine area:

Committee had also visited the new operations at Gare Pelma Sector 3 which is under the Chhattisgarh State Power Generation limited and there too the trucks are using the said road, which the Hon'ble NGT had directed to be made form Raigarh to Milupara, but no mention of such violations have been made in the Report. It is suggested that there should be proper repairing and maintenance of roads both inside and outside the mine area to ensure smooth movement of trucks and other load carrying vehicles"

C. Proper and free health care facilities with multispecialty treatment system may be provided in all coal mine-adjacent villages as per the recommendations of the committee report of 14.6.2019 in the Dukalu Ram (OA 314/2014 CZ) case.

D. MoEF&CC be directed to forthwith submit the data on Green Belt development before the Hon'ble Tribunal with respect to District Raigarh.

E. Establishment of monitoring cell by PHED to monitor water quality being used by the residents of villages.

F. Installation of adequate number of CCTV and CAAQM stations in coal mining area.

G. Requiring that whatever coal is being supplied to JPL and JSPL from Gare Palma IV/2&3 should be transported through the already existing closed conveyor belts and no such coal transport should be allowed via trucks.

H. Comments on the field observations:

a. Impose Environmental damages on the units found in violation of EC conditions as several EC violations have been recorded by the committee but no action has been proposed /recommended by the Committee against the violators b. Address the issue of fires in the overburden dumps in all operations, which has been left unaddressed. c. Committee be directed to present plan for water recharge d. Effluents and coal discharge was noticed in the river and nallas. No measure and punitive action has been suggested for that. This issue may kindly be addressed. e. The field visit reports of the Oversight Committee should be cross verified with the actual action taken and compliance of the recommendations.

f. The field visits should be more regular and the report of the Oversight Committee should be placed in Public Domain so that the work done so far and the status of action taken is made public."

8. We have given due considerations to the report of the Committee as well as suggestions made on behalf of the applicants. The recommendations of the Committee need to be accepted. The State Board should prepare list of areas where unscientific disposal of fly ash has taken place and generate data about the quantity of the coal mined, used in the industries and available for TPPs. Steps need to be taken expeditiously for development of health facilities, constructing necessary road from Raigarh to Dharamjaygarh and from Punjipatra to Milupara, disposal of fly ash in abandoned coal mines and constitution of State Level Committee to look into scientific utilization of the fly ash. Taking such steps is undoubtedly necessary for protection of the environment. The suggestions of the applicants reproduced above also need to be considered by the Oversight Committee.

9. The Oversight Committee may make assessment of compensation for the violations on the basis of which the statutory State Board may take further action, following due process of law. The Committee may continue to oversee remedial measures in terms of directions of this Tribunal. The Committee may undertake field visit and also interact with all the stakeholders. The Committee will be at liberty to take assistance from any other Expert/Institution.

10. We regret to note failure of the concerned departments of the State of Chattisgarh to respond to the Committee and to perform their Constitutional obligation to protect environment and public health. Pending taking coercive measures for such failures in due course, we direct the Chief Secretary, Chhattisgarh to ensure necessary action on the part of the concerned departments, including PWD and Health on the subject of construction of road and providing health care facilities and drinking water to the victims in the area. Any negligence by the State authorities may result in rendering the concerned senior officers personally accountable by way of prosecution under the provisions of the NGT Act, imprisonment under section 25 NGT Act read with section 51 CPC and exemplary costs out of their salaries.

11. Having regard to the seriousness of the issues involved and their impact on the environment and public health, we direct that the Oversight Committee will now be headed by Justice V.K. Shrivastava, former Judge of Chhattisgarh High Court, available at Bilaspur. He will be entitled to honorarium at the rate of Rs. 2 lakhs per month, apart from logistic support for the purpose of work of the Committee. His tenure will be for six months from the date he joins the first meeting of the Committee, which may be done within one month from today. The amount will be payable by the State PCB - Chhattisgarh Environment Conservation Board.

12. The report about the compliance status as on 30.11.2021 may be furnished to this Tribunal on or before 15.12.2021 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. A copy of the report may also be provided to the authorities who are required to implement the recommendations of the Committee to enable such authorities to file their response, if any, before the next date."

Report of the oversight Committee dated 16.1.2022 - status of compliance and remedial action

5. In pursuance of above, the Oversight Committee has filed its report on 16.01.2022 through the CPCB. It is stated that the first meeting of the Committee was held on 19.07.2021 and compliance status was discussed.

Claims were invited from the affected villagers and stake holders were heard. Compensation were assessed, after hearing the affected parties, including PWD, Chhattisgarh, Health Department, Chhattisgarh and the erring industries. The compensation assessed by joint Committee against the concerned Departments of Chhattisgarh Government and erring the industries is as follows:-

Sl. Name of the industry / department EC/Penalty/Fin No e amount in Rs 01 Principal Secretary, Public Works Department 1,00,00,000/-

Chhattisgarh Government 02 Principal Secretary, State Health 1,00,00,000/-

Department Chhattisgarh Government 03 M/s TRN Energy Private Limited, Nawapara 1,82,40,600/-

Raigarh 04 M/s Mahavir Energy and coal benefication 1,42,90,000/-

Limited M/s Hindalco Industries Limited Coal Mine 05 2,09,40,000/-

06 M/s Ambuja Cement Limited Coal Mine (GP 75,90,000/-

IV/8) 07 M/s Jindal Steel & Power Limited, 11,70,000/-

Dongramau, Tamnar 08 M/s Chhattisgarh State Power Generation 75,90,000/-

Company Limited

09. M/s Jindal Power Ltd, Tamnar 48,30,000/-

6. Out of the above, individuals found entitled to compensation are as follows:-

S. Name & address of Affected Affected Amount in No. claimant khasra No area Hectare Rs 01 Sh. Ghurauram Rathia 381/01 0.076 7030 Nawapara 20 02 Sh. Harcharan 09/01 4.411 408017.5 Rathia & allowe d only Rs.1,11,000/-

as claimed Sh. Malik Ram Rathia Kantagdeeh 09/02 1.895 175287.5 allowed Rs.1,11,000/-

                                                              as claimed

     03     Sh.   Karam     Singh       401/01   0.101        9342.5
            Rathia

                 Total Affected area             6.483      599677.5

7. As already noted, the compensation has been determined after opportunity to the concerned parties based on the violations found as follows:-

"1. M/s TRN Energy Private Limited, Nawapara, Raigarh-

M/s TRN Energy Private Limited (2x300MW) thermal power plant is located in village Bhengari, Nawapara (Tenda), Gharghoda, Raigarh. The plant started its commercial production in 2016 with an average generation of fly ash 4000 MT per day. The thermal power has generated approximately 28,79,126 MT fly ash during January 2016 to March 2021, out of which 58% (1665007MT) has been disposed in low lying area of village Chote Gumda, Bade Gumda, Nawapara, Tenda and Baansmuda. As per detail submitted by the TPP the area used for disposal of fly ash is approximately17.378 Hectare.

TRN power has created an ash dump violating EC conditions outside its ash dyke in the village Nawapara Tenda. There are physical evidences for breaching of mudwall leading to fly ash flowing into adjoined field even situation to fly ash into neighboring habitants. On field visit on 24-25.08.2021 we have seen that by the side of State High way unscientific fly ash dump has been found , also adjoining fields have been covered under fly ash dump causing utility loss of those fields. Erosion of the land due to fly ash is clear. Another fly ash dump adjoining to Forest and nalah in personal land of some villager have been seen, due to cracks and land break /erosion from various points water along with fly ash flowing from there is clear the dump is not in low lying area but is on plane ground by the sides of Bargad tree. No guide lines as prescribed since1999 have been followed. On earlier visit in March 2021 committee found that TRN power has created an ash dump outside its ash dyke in the village Nawapara Tenda. The top of Dump was at least 10 feet above the ground level. It was also observed that because of breaking of mud wall fly ash was flowing into adjoining field. To prevent the same no remedial measures has been taken by the PP. On current visit dated 2508-2021 we find that some of the fields have become useless, in agricultural 21 field flowing of fly ash was found. On road side flow we could see the flowing of fly ash in heavy quantity. A pretty big area has been covered under flowing of fly ash from this Dump.

Representative from TRN admits all these OB dumps and contended that after obtaining the permission from land owner and Gram Panchayat Fly ash dump have been made.

Although they brought some papers and made attempt to show that they have not violated the Environmental conditions. but could not produce permission / consent of State Pollution Control Board. The thermal power plant has also submitted copy of study report conducted in 2018 by ISM Dhanbad which recommends about no metal contamination in ground water due to leaching from fly ash disposed in low lying area.

Ministry of Environment and Forests Notification No. S.O. 763 (E) dated 14th September 1999 only permits for reclamation and compaction of fly ash in low lying area in accordance with specifications and guidelines laid down by the authorities as mentioned in clause 3 of that notification. None of the notifications or guidelines gives liberty to loose disposal of fly ash that's too above ground level.

Chhattisgarh Environment Conservation Board has informed about issue of closure notice to the industry. TPP has submitted the reply of notice which is under consideration for decision. The representative of the industry have informed about construction of new ash dyke for which land has been acquired in 2017 and Environmental clearance obtained in year 2011.

Ash Dyke belonging to TRN Energy Ltd, on visit we find that at one place wall of the dyke is severely damaged and we apprehended that accident may took place, Nodal Officer informed the facts for repairs forthwith so as to avoid any unfortunate event. Underground water discharge from dyke is there and the discharged water is flowing to agriculture field. Water samples have been collected. Fly ash flying over the ash dyke has also been seen. Even some of the persons were seen roaming over the dried fly ash lying in the dyke. It appears that there is no recycle water system operating. Construction does not appear to be scientific.

Representatives of TRN does not dispute the damage but they contended that Railway has made dump of the soil in their outer wall and that dump has been eroded due to rain but could not show any evidence to support his contentions. They also stated that as per original permission accorded by MoEC&CC they have constructed this second Ash dyke and for perusal shown the permission letter. In this permission letter there is no sanction of more than one ash dyke even as per deliberation it could come to know that first ash dyke is inside the Plant and this ash dyke has been made outside the plant. Whether ash dyke should have been built in the vicinity of habitants, to reply this question they could not able to show 22 any legal authority or any permission. So far as water discharge is concerned they stated that this water discharge belongs to Railway.

For non compliance of the environmental standard/ violations of legal direction for which there is no rebuttal on the other hand has been open and as disclosed above is proved. TRN is liable for environmental compensation.

In compliance of Hon'ble NGT, Principal Bench order dated 12.02.2020 in OA No.117/2014, CPCB has computed the amount of Environment Compensation for individual TPPs for non-utilization of 100% fly ash in year 2018 (2018-19) and 2019 (2019-20) respectively. M/s TRN Energy Private Limited, Nawapara is also included in that list for Environmental Compensation of Rs. 1,48,80,488 on which Hon'ble Supreme Court vide its order dated 04.11.2019 has directed deferment of the proceedings.

In addition to above and in view of a number of breaches of environmental conditions not earlier considered for compensation, independent Environmental Compensation for following period is calculated as under-


   -     Initial date of compensation- 01.04 .2020
   -     Last date of compensation- 30.11.2021
   -     Number of days- 608
   -     EC in Rs. 1,82,40,600/- (One Crore eighty two lakhs forty
         thousand and six hundred )

2. M/s Mahaveer Energy & Coal Benification Limited -

M/s Mahaveer Energy & Coal Benification Limited is Biomass based 12MW Thermal Power Plant located in Village Bhengari, Gharghoda, Raigarh. The plant started its commercial production in 2014 with an average generation of fly ash 20,000 MT per annum. The thermal power has generated approximately 1,39,839 MT fly ash during April 2014 to March 2021, out of which 0.04% (56MT) has been disposed in low lying area of village Bhengari. The industries during hearing have submitted documents related with agreement for fly ash use by Sh. Saroj Kumar S/o Sh. Prabhakar Kumar in Brick manufacturing. This agreement was done on 04.12.20 indicating that fly ash generated before 04.12.2020 have been disposed in low lying area. The industry has also provided copy of revenue records in support of ownership of the land. Ministry of Environment and Forests Notification No. S.O. 763 (E) dated 14th September 1999 only permits for reclamation and compaction of fly ash in low lying area in accordance with specifications and guidelines laid down by the authorities as mentioned in clause 3 of that notification. None of the notifications or guidelines gives liberty to loose disposal of fly ash that's too above ground level. No consent has been obtained from CECB.

The above said notification only permits for reclamation and compaction of fly ash in low lying area but do not give liberty to loose disposal of fly ash that's too above ground level. The oversight 23 committees during its visit have observed heaps of disposed fly ash giving its way to become air borne or flow with rain water in drain leading to surface water contamination.

In compliance of Hon'ble NGT, Principal Bench order dated 12.02.2020 in OA No.117/2014, CPCB has computed the amount of Environment Compensation for individual TPPs for non-utilization of 100% fly ash in year 2018 (2018-19) and 2019 (2019-20) respectively. M/s Mahaveer Energy & Coal Benification Limited is not included in that list for Environmental Compensation because the industry has submitted report of 100% utilization in manufacturing of fly ash brick to Chhattisgarh Environment Conservation Board which seems to be misleading information given to statuary authority.

Mahaveer Bio Energy has created an ash dump behind its premises in violating the SOP and EC even creating a public hazard. On field visit dated 25-08-2021 we found near a temple there was a fly ash dump adjoining to Forest and River, due to erosion from various points water along with fly ash flowing from there is clear the dump is not in low lying area but is on plane ground and as per persons gathered there the land is govt. land recorded as "Chote Jhad Ka Jungle". No guidelines as prescribed since 1999 have been followed. As per report of committee dated 11-10-2019 it has been found that M/S Mahaveer Energy is indulging in extensive and irresponsible disposal of fly ash in village Bhengari. In that report Fig. 3 Éxtent of fly ash dumping in agricultural land in Bhengari Village close to Bhengari Nala and Fig. 4. 40 feet height flyash dump by M/s Mahaveer Energy in Bhengari village (in the name of low lying areas dump). On recent visit on 25-08-2021 we saw the spot (Fig.4 of that report) and found that earlier reporting still continues. We also saw evidence of flowing fly ash from upper portion to lower portion. On 15-17 March visit it has been noted that Mahaveer Energy has created an ash dump behind its premises the top of dump is at least 10 feet height above the ground level and does not confirm to the SOP for dumping in low lying area, even there is no proper retaining wall around the dump creating a public hazard. In present visit we still found the Dump present in open sky flying ash in environment.

Representative from Mahaveer Bio Energy to defend their action have accepted all those dump but their contention is that because of demand of Mandir Samiti, dump near Mandir has been made, other dump are in their own land, they are using fly ash in making the bricks under their own kiln and also providing fly ash to other kiln holder but to support he could not produce land owner ship in his name or other documents regarding actual use of fly ash in making the bricks.

For non compliance of the environmental standard/ violations of legal direction for which there is no rebuttal on the other hand has been open and as disclosed above is proved. M/s Mahaveer Energy & Coal Benification Limited is liable for environmental compensation.

In compliance of Hon'ble NGT, Principal Bench order dated 12.02.2020 in OA No.117/2014, CPCB has computed the amount of Environment Compensation for individual TPPs for non-utilization of 100% fly ash in year 2018 (2018-19) and 2019 (2019-20) respectively. M/s Mahaveer Energy & Coal Benification Limited is not included in that list for Environmental Compensation because the industry has submitted report of 100% utilization in manufacturing of fly ash brick to Chhattisgarh Environment Conservation Board which seems to be misleading information given to statuary authority.

Environmental Compensation is calculated as under-


   -     Initial date of compensation- 01.01.2018
   -     Last date of compensation- 30.11.2021
   -     Number of days- 1429
   -     Operation factor considered- 0.5 (small scale- biomass
         plant)
   -     EC in Rs. 1,42,90,000/- (One crore forty two lakhs ninety
         thousand)

3. Penalty/Fine on Principal Secretary               Public   Works
Department, State of Chhattisgarh.

Committee constituted vide order dated 22-07-2019 after due consideration including field visit submitted its report and the recommendations made therein were considered by the NGT vide order dated 27-02-2020 Short term measures 4.1 f. Proper repairing and maintenance of roads both inside and outside the mine area to ensure smooth movement of trucks and other load carrying vehicles.

Long term measures 4.2 b ) To reduce the pollution and other impacts caused by road transport of coal and mother minerals , direction may be issued that coal transport by road from coal mines or thermal power plants in these two blocks will be permitted only for a year, after which transport must done by rail or closed conveyor belt only.

Hon'ble the NGT in order dated 27-02-2020 in para 4 has mentioned that "We find that the recommendations are based on relevant studies and need to be considered by the power plants and mines in the area for protection of environment and public health and environmental rule of law.

Further compliance review status as on 09-11-2020 has been filed and considered by Hon'ble NGT vide their order dated 20- 11-2020.

02. Long Term Measures REVIEW STATUS AS ON 09-11-2020 25 As per report obtained from SECL it is evident 35%increase in daily average dispatch by rail in comparison to the FY 2019-20 after construction of new rail line between Kharsia - Gharghoda- Korichhapar, coal dispatch from Korichhapar railway siding commenced in FY 201920. It is assumed that coal transport by rail may increase by 50% in addition to earlier transport in rail by December 2020.

The Committee on field observation has made recommendation as below:-

EE PWD was present before committee to apprise the status of PWD roads in the area .Committee has observed very bad road conditions in Tamnar and Gharghoda area which seems to be one of the measure factors for deterioration of ambient air quality. EE PWD Sh. Khamra has informed the committee about requirement of immediate construction of approximate 111 KM CC road (Raigarh to Dharamjay Garh about 76 Km and Punjipathra to Milupara about 35n Km.) but due to budget constraint the work is pending since last several years. An amount of Rs. 335Crore may be required to complete the construction of CC road in the area of Tamnar and Gharghoda. More over SECL has paid an amount of 42 Crore to Raigarh PWD for construction of 19 Kms, 7m wide tar road from Gharghoda to Jampali in compliance of NGT order.

RECOMMENDATIOINS

2.Hon'ble NGT may like to direct Principal Secretary, PWD, Chhattisgarh Government to sanction budget of Rs. 335 Crore ( @ Rs 3.00 crore per km) for construction of CC road approximately 111 km length of 7 m width (Raigarh to Dharamjay Garh about 76 km and Punjipatra to Milupara about 35 km ) and insure its execution before March 2021. In this context time bound action plan with bank guarantee of Rs. 35 Crore may be obtained from PWD, Chhattisgarh to ensure timely execution of the work.

Hon'ble NGT passed order that Principal Secretary Health and the PWD Department, Chhattisgarh Government may act as per recommendations of the committee. (NGT order dated 20- 11-2020) Further compliance review status as on 15-03-2021 has been filed and considered by Hon'ble NGT vide their order dated 24- 06-2021.

f). Proper repairing and maintenance of road outside the mine area to ensure smooth movement of trucks and other load carrying vehicles.

REVIEW STATUS AS ON 15-03-2021 EE PWD, Raigarh has informed the committee about requirement of immediate construction of approximate 111 KM CC road ( Raigarh to Dharamjay Garh about 76 Km and Punjipathra to Milupara about 35n Km.) but due to budget constraint the work is pending since last several years.

Letter issued to PS, PWD, S-1/03 Mahanadi Bhawan, Raipur by this office vide number RDB/NGTOA 104/2018/553 dated 07-09-2020 and 06-012021 to sanction Rs. 335 crore for construction of 111 km CC road. No response has been received from PS, PWD Chhattisgarh Government.

FIELD OBSERVATION S

5. EE PWD Raigarh has informed the committee about immediate construction of approximate 111 Km CC road (Raigarh to Dharamjaygarh about 76 Km and Punjipathra to Milupara about 35 Km) but due to budget constraint the work is pending since last several years. An amount of Rs. 335 Crore may be required to complete the construction of CC road in the area of Tamnar and Gharghoda. Hon'ble NGT in its order dated 20-112020 (point 5) has instructed PS, PWD to sanction the required fund and ensure execution before March 2021. During field visit execution of the work was not observed, hence the issue was further clarified with EE, PWD, Raigarh who informed as under:-

> Main High way connecting Raigarh to Dharamjaygarh has now been included in National Highway Scheme > Stretch from Chhal Mines to Gharghoda has been approved for two lanes > Stretch from Punjipathra to Milupara via Tamnar not yet approved In view of the above committee has instructed to EE, PWD, Raigarh to identify badly damaged patches in this stretch and prepare a budget and get the same approved so as to complete the work within three months. Stretch from Punjipathra to Milupara via Tamnar has also to be taken on highest priority because of the heavy traffic load on this route. RECOMMENDATIONS

4. Hon'ble NGT may like to direct Principal Secretary, PWD, Chhattisgarh Government to sanction budget for 111 km road from Raigarh to Dharamjaygarh and Punjipathra to Milupara via Tamnar and ensure its execution within three months. In this context time bound action plan shall be submitted to ensure timely execution of work.

FIELD OBSERVATIONS AS NOTED IN PARA 5 OF THE ORDER DATED 24-06-2021.

5. Improve Road quality to reduce spillage and air pollution- Gharghoda and Tamnar area of Raigarh is extremely in coal mineral and extensively mined by SECL and other private companies. It was observed that very less percent of coal produced in the area is available for existing industries of Raigarh. Most of the coal mined is being transported to nearby areas in Chhattisgarh and other states. Hence road condition of Raigarh plays an important role in deterioration of ambient air quality. I order to ensure better ambient air quality and statistical balance is to be developed between road transport and rail transport. It was found satisfactory that developments of rail network with five coals siding the area are at the 27 stage of completion. Hence it is required to decide a time line for transportation of coal by rail only specially being dispatched to other states. Road transport of coal shall be limited for those power plants operational in Raigarh.

EE PWD, Raigarh has informed the committee that main highway immediately connecting Raigarh to Dharamjaygarh has now been shifted to NH scheme. Stretch from Chall mines to Gharghoda has been approved for two lane and its strengthening. Stretch from Punjipathra to Milupara via Tamnar (25 km) and stretch from Milupara to Lailung not yet approved.

Action : Since the actual process of constructing the NH will take atleast two years , PWD is instructed to identify badly damaged patches in this stretch and prepare a budget and get the same approved and acted upon immediately ( within 3 months). As for as constructions of other stretches are concern PWD shall take highest priority because these are the stretches with heaviest traffic density.

Hon'ble the NGT in para 8 have observed that Steps need to be taken expeditiously for development of health facilities , constructing necessary road from Raigarh to Dharamjaygarh and from Punjipathra to Milupara,............. In para 9 directed that "The Oversight Committee may make assessment of compensation for the violation on the basis of which the statutory Board may take further action, following due process of law." In para 10 passed order that "We regret to note failure of the concerned departments of the state of Chhattisgarh to respond the Committee and to performs their constitutional obligation to protect environment and public health. Pending taking coercive measures for such failure in due course , we direct the Chief Secretary , Chhattisgarh to ensure necessary action on the part of the concerned department , including PWD and Health on the subject of construction of road and providing Health care facilities and drinking water to the victims in the area. Any negligence by the State authorities may result in rendering the concerned senior officers personally accountable by way of prosecution under the provisions of the NGT Act, imprisonment under section 25 NGT Act read with section 51 CPC and exemplary costs out of their salaries"

Thrice Hon'ble NGT passed order against PWD and Health Department of State of CG finally apprised them towards penal consequences of disobedience but both these department took the said orders in a very casual manner and even gave a deaf ear to those orders.

Opportunity of hearing for consideration of environment compensation/ penalty has been provided. Intimation was sent to PS PWD Chhattisgarh Government to join the committee meeting on 16th September 2021 for hearing about progress/ constraint observed in delivering the target defined in action plan submitted to Hon'ble NGT. Chief Engineer, Bilaspur and Executive Engineer Raigarh of PWD attended the meeting and briefed the progress as under-

1. An amount of Rs.6274.33 Laks is sanctioned on 08.09.2021 for 27.50 km CC road from Punjipathra to Tamnar.

2. Approval granted on 23.02.2021for an amount of 2032.95 Lakhs for renovation work of 13.40 km road from Raigarh to Gharghoda.

3. Approval granted on 08.09.2021for an amount of 1797.25 Lakhs for renovation & Strengthening work of 10 km road from Chaal to Gharghoda.

4. So far as patch repair work is concerned, no documents or material could be produced even otherwise we could not see any repair work going on, on the roads.

All above sanctions and approvals are subject to acquirement of land, Release of Loan and two years' time for completion. Till date there is no progress regarding acquisition of land, sanction of loan, etc. All these facts itself shows that matter has not been given any seriousness or to say in near future the road is not going to be made.

The committee is not satisfied with submission.

Matter to be considered for imposition of Penalty/Fine From afore stated complete facts it is clear that dept. of PWD did not care to follow the directions of the committee and also did not complied the orders of the Hon'ble NGT even they misguided committee and NGT by informing that road main highway connecting Raigarh to Dharamjaygarh has now been shifted to NH scheme which appears to be not correct because no such document to show that NH has taken over the Road has been provided. Although they received amount from SECL despite that they did not took interest to construct road. Non Construction of road and lack in repair work is one of the reason for pollution caused by road transport even there is no surety that in near future the construction of road will be made by the department. In fact this is a case of deliberate disobedience of remedial measures by the PWD, therefore for environment breach Depart. of PWD is also responsible and therefore cannot escape its liability to pay Penalty / Fine.

If environmental Compensation is to be levied as per calculation below-

    -     Start date non- compliance- 07.09.2020
    -     Last date of compensation- 30.11.2021
    -     Number of days- 448
    -     Rate Rs. 30,000 per day
    -      EC comes to Rs- 1,34,40,000 (One Crore, thirty four lakhs,
          forty thousand)

But we are of the opinion that Penalty/ fine should be imposed , therefore after due consideration we assess/propose Penalty/Fine imposed on Principal Secretary PWD, State of CG Rs.1,00,00,000/-( Rs. One Crore) Penalty/Fine on Principal Secretary, Health Department, CG Govt.

Committee constituted vide order dated 22-07-2019 after due consideration including field visit submitted its report and the recommendations made there in were considered by the NGT vide order dated 27-02-2020 Short term measures g. Proper and free heath care facilities with multispecialty treatment system may be provided in all coal mine-adjacent villages as per the recommendation of the committee report of 14- 06-2019 in Dukalu Ram ( 4A 314/2014 CZ) case. (Action by respective coal mine companies). Hon'ble the NGT in order dated 27-02-2020 in para 4 has mentioned that "We find that the recommendations are based on relevant studies and need to be considered by the power plants and mines in the area for protection of environment and public health and environmental rule of law. In para 5 have made reference to applicants contentions and passed order in para 6. In para 6 have ordered that "Mitigation measures for heath issues may be over seen by the Principal Secretary , Health, Govt. of Chhattisgarh. For this purpose , the existing arrangements in the local areas may be reviewed and further strengthened to meet the requirements. The Principal Secretary , Health Govt. of Chhattisgarh will be at liberty to issue appropriate directions to the concerned project proponents also for their initiatives out of CSR funds."( NGT order dated 27-02-2020) Further compliance review status as on 09-11-2020 has been filed and considered by Hon'ble NGT vide their order dated 20- 11-2020.

01. Short term measures g. Proper and free heath care facilities with multispecialty treatment system may be provided in all coal mine-adjacent villages as per the recommendation of the committee report of 14-06-2019 in Dukalu Ram (OA 314/2014 CZ) case. (Action by respective coal mine companies) REVIEW STATUS AS ON 09-11-2020 "Mitigation measures for heath issues may be over seen by the Principal Secretary, Health, Govt. of Chhattisgarh. For this purpose, the existing arrangements in the local areas may be reviewed and further strengthened to meet the requirements. The Principal Secretary, Health Govt. of Chhattisgarh will be at liberty to issue appropriate directions to the concerned project proponents also for their initiatives out of CSR funds."

02. Long Term Measures b ) To reduce the pollution and other impacts caused by road transport of coal and other minerals, direction may be issued that coal transport by road from coal mines or thermal power plants in these two blocks will be permitted only for 1 year, after which transport must done by rail or closed conveyor belt only.

REVIEW STATUS AS ON 09-11-2020 The Committee on field observation has made recommendation as below:-

RECOMMENDATIOINS

1. In order to ensure development of health facilities in the village of mining affected area, Principal Secretary, Health, Chhattisgarh Government may be advised to keep informing the oversight committee about development made in health facilities'.

01. Short term measures

g). Proper and free heath care facilities with multispecialty treatment system may be provided in all coal mine-adjacent villages as per the recommendation of the committee report of 14-06-2019 in Dukalu Ram ( OA 314/2014 CZ) case. (Action by respective coal mine companies) REVIEW STATUS AS ON 15-03-2021 "Mitigation measures for heath issues may be over seen by the Principal Secretary, Health, Govt. of Chhattisgarh. For this purpose, the existing arrangements in the local areas may be reviewed and further strengthened to meet the requirements. The Principal Secretary, Health Govt. of Chhattisgarh will be at liberty to issue appropriate directions to the concerned project proponents also for their initiatives out of CSR funds. Collector Raigarh has assured to arrange the required medical facility in the area by way arranging n health screening camps in all villages within next few months.

RECOMMENDATIONS

3. In order to ensure development of health facilities in the villages of mining affected areas, Principal Secretary, Health Chhattisgarh Government may be advised to keep informing the Oversight Committee about development made in health facilities.

FIELD OBSERVATIONS AS NOTED IN PARA 5 OF THE ORDER DATED 24-06-2021.

4. Public health facilities and disease screening - The committee has also discussed about requirement of health infrastructure and status of available facilities in Gharghoda and Tamnar area, Collector Raigarh has informed the committee that there are adequate facilities 31 available at Tamnar CHC and at the Fortis - JPL multispecility hospital at Tamnar. Collector Raigarh has also assured to organize "health Camps" within the next three months in all villages surrounding the mines areas in T & G blocks, and then ensure regular screening after that on a yearly basis.

Hon'ble the NGT in para 8 have observed that Steps need to be taken expeditiously for development of health facilities, constructing necessary road from Raigarh to Dharamjaygarh and from Punjipathra to Milupara,.............In para 9 directed that "The Oversight Committee may make assessment of compensation for the violation on the basis of which the statutory Board may take further action, following due process of law." In para 10 passed order that "We regret to note failure of the concerned departments of the state of Chhattisgarh to respond the Committee and to perform their constitutional obligation to protect environment and public health. Pending taking coercive measures for such failure in due course , we direct the Chief Secretary, Chhattisgarh to ensure necessary action on the part of the concerned department, including PWD and Health on the subject of construction of road and providing Health care facilities and drinking water to the victims in the area. Any negligence by the State authorities may result in rendering the concerned senior officers personally accountable by way of prosecution under the provisions of the NGT Act, imprisonment under section 25 NGT Act read with section 51 CPC and exemplary costs out of their salaries"

Thrice Hon'ble NGT passed order and finally apprised them to wards penal consequences of disobedience but department took the said orders in a very casual manner and even gave a deaf ear to those orders.

Opportunity of hearing for consideration of environment Penalty/Fine has been provided to the department.

Intimation was sent to PS, Health, Govt. of Chhattisgarh to join the committee meeting on 16th September 2021 for hearing about progress/ constraint observed in delivering the target defined in action plan submitted to Hon'ble NGT. PS Health Chhattisgarh Government could not ensure his presence in person/representative in the meeting.

The documents and information provided about infrastructure of health facilities reveals that health care facilities are insufficient and no serious efforts have been made to improve it even on the direction of Hon'ble NGT.

Hence the matter to be considered for imposition of environmental Penalty/Fine.

- The oversight committee in its report dated 14.10.2019 submitted to Hon'ble NGT had recommended proper and free health care facilities with multispecialty treatment system may be provided in all coal mine adjacent villages.

In this context Hon'ble NGT has given the liberty to PS Health Government of Chhattisgarh to oversee the mitigation measures for health issues. For this purpose the existing arrangements in the local areas may be reviewed and further strengthened to meet the requirements. The Principal Secretary Health, Govt. of Chhattisgarh is at liberty to issue appropriate directions to the concerned project proponents also for their initiatives out of CSR funds.

- In its further order dated 20.11.2020 Hon'ble NGT has directed PS, Health Govt. of Chhattisgarh to keep informing the oversight committee about development made in health facility. In spite of the direction issued by Hon'ble NGT no progress was submitted PS, Health, Govt. of Chhattisgarh to the oversight committee.

- Hon'ble NGT in its order dated 27.02.2020 has directed that mitigation measures for health issues may be overseen by the Principal Secretary, Health, Govt. of Chhattisgarh. For this purpose, the existing arrangements in the local areas may be reviewed and further strengthened to meet the requirements. The Principal Secretary, Health, Govt. of Chhattisgarh will be at liberty to issue appropriate directions to the concerned project proponents also for their initiatives out of CSR funds. A copy of this order be sent to the CPCB, Principal Secretary, Health, Govt. of Chhattisgarh, Ministry of Coal as well as the MoEF&CC by e-mail.

- Hon'ble NGT in order dated 24.06.2021 on point number 10 mentioned that "We regret to note failure of the concerned departments of the State of Chhattisgarh to respond to the Committee and to perform their Constitutional obligation to protect environment and public health. Pending taking coercive measures for such failures in due course, we direct the Chief Secretary, Chhattisgarh to ensure necessary action on the part of the concerned departments, including PWD and Health on the subject of construction of road and providing health care facilities and drinking water to the victims in the area. Any negligence by the State authorities may result in rendering the concerned senior officers personally accountable by way of prosecution under the provisions of the NGT Act, imprisonment under section 25 NGT Act read with section 51 CPC and exemplary costs out of their salaries."

Principal Secretary Health neither responded the above orders issued by Hon'ble NGT nor could do any work to protect environment and public health. He not only took all the orders passed by Hon'ble NGT in a very casual manner but also gave a deaf ear to those orders. His non involvement in taking remedial measures is one of the reason to increase public health hazard which arose due to air and water pollution. Neither he took part in environmental Penalty/Fine hearing although noticed nor could show any ground to exempt him from levying the Penalty / Fine.

If environmental Compensation is to be levied as per calculation below-

   -    Start date non- compliance- 27.02.2020
   -    Last date of compensation- 30.11.2021
   -    Number of days- 641
   -    Rate Rs. 30,000 per day
   -    EC comes to Rs. 1,92,30,000 (One Crore, ninety two lakhs,
        thirty thousand)

But we are of the opinion that Penalty/ fine should be imposed , therefore after due consideration we assess/propose Penalty / Fine imposed on Principal Secretary PWD, State of CG Rs.1,00,00,000/-( Rs. One Crore)

5. Physical verification of progress as on 30.11.2021 and Environmental Compensation Visit of CSPGCL Coal Mines ( Gare Pelma Sector -III) - The field visit of oversight committee dated 17.03.2021 has observed dumping of OB on both sides of public road. In accordance with recommendation of the report mine site was visited on 24.08.2021 by Chairman and members of the new committee. During visit it was found that OB dump on one side Pic-02 of the road was located at approximately 80m distance from road side but OB dump all along road was not within prescribed distance, even on many places it is adjacent to road. Dump process is still continuing .We saw a number of coal loaded trucks passing through this road and also this road is under use of the lessee. Villagers assembled there and applicant's representatives have stated there that because of dump and traffic in road this place has been declared as accidental zone and within a year around 10 persons have been killed in accident. Road condition is very bad. Although in one side Provision of check drains have been seen but appears to be not having width of adequate size, the sludge or waste materials along with water is passing through the agricultural fields and is terminating in nallah.( Subsequently we come to know that this is not a Nala but River)( ( O.B. Dump in CGSPGCL mine at Gare Palma sector 3 observed on field visit during 15-17 March 2021 on both sides of Public Road). This public road is within the mining area and as stated and shown by company officers present there as per mining plan road is to be diverted. For OB dump use of 25% of fly ash is compulsory but lessee did not complied the directions of notification 2009.Although in one side Provision of check drains have been seen but in other side there appears no provision of check drains and garland drains have been made to ensure that the sludge or waste materials does not go into the nullah. (Subsequently we come to know that this is not a Nala but River).

For environmental compensation and for remedial measure CGSPGCL , was required to be heard on Maintenance of Public Road, on illegal OB dump , non use of fly ash , non construction of garland drains and proper settling tanks , Sludge and waste materials passing through agricultural field destroying crop production going to Nallah. (Subsequently we come to know that this is not a Nala but River) therefore the mine authorities were instructed to present in hearing 34 meeting on 14th September 2021 at Bilaspur with approved mining plan/ copy of EC/ permission from DGMS and CTE / CTO issued by Chhattisgarh Environment Conservation Board, Raipur. Environment compensation hearing dated 14 th September 2021. Heard, Chhattisgarh State Power Generation Company Limited Coal Mines (Gare Pelma Sector -III) -

The field visit of oversight committee dated 17.03.2021 has observed dumping of OB on both sides of public road. In accordance with recommendation of the report mine site was visited on 24.08.2021 by Chairman and members of the new committee. During visit it was found that OB Dump has been made on both sides of road even in some places adjacent to road. This public road is within the mining area and as stated and shown by companies officer present there, as per mining plan road is to be diverted. For OB dump use of 25% of fly ash is compulsory but lessee did not complied the directions of notification 2009. For Mining operation roads with the mines area is to be constructed by the lessee and lessee has to divert public roads, at his own cost to facilitate scientific mining. We saw a number of coal loaded trucks passing through this road and also this road is under use of the lessee. Condition of the road is bad. The mine authorities were present in hearing meeting with approved mining plan/ copy of EC/ permission from DGMS and CTE / CTO issued by Chhattisgarh Environment Conservation Board, Raipur.

The representatives of CSPGCL presented the mining plan in which location of the OB dump is sited on the same place subject to diversion of PWD road passing between lease area. They stated that CSPGCL has deposited required amount with PWD, Raigarh for diversion of the road. There is no material to know whether PWD is diverting the road or not and if they intend to divert the road, by which time they may start and complete the diversion. Hence storage of OB dump near to public road may create danger to public passing through the road. In this context committee was of the opinion that CSPGCL shall maintain minimum distance of 50 meters on both side the road and provide physical barrier all along the road in lease area to protect the public interest from accident as well as fugitive emission. CSPGCL shall also provide adequate garland drain along with OB dump with sufficient number of settling ponds. CSPGCL shall obtain necessary permission from DGMS and CECB and see that as per notification 2009 utilization of 25% of fly ash OB dump shall be followed.

The mine authorities has accepted the suggestion and assured for construction of physical barrier of steel sheet mounted on iron structure up to a height of minimum 3m at 50m distance from road on both side of road along full road length in leased area. The said construction has to be completed on or before 30th November 2021. The mine authority shall also maintain PWD road to a length falling in their mining lease area.

On verification visit dated 24-11-2021 we found that construction of physical barrier of steel sheet mounted on iron structure was in 35 progress. Mines authorities present there stated the further minimum 15 days time may take to complete the work. They also apprised that CSPGCL obtained necessary permission from DGMS for compliance of notification 2009 utilization of 25% of fly ash. M/s CSPGCL vide its letter dated 18.11.2021 requested to DGMS for obtaining permission to use fly ash in its OC mine Gare Pelma sector-III as per study report submitted by CIMFER. Director of Mine Safety, Raigarh vide its letter dated 23.11.2021 has restricted fly ash dumping in the opencast working till submission of clarification for factor of safety (FOS) and suitable geometry of inpit and external dump design by scientific agency.

Violations of environmental conditions and directions as noted above brings the Chhattisgarh State Power Generation Company Limited Coal Mines (Gare Pelma Sector -III) under four corners for payment of Environmental compensation.

The environmental compensation (EC) is based on the following formula-

EC=PI x N x R x S x LF Where, EC= Environmental Compensation in Rs PI= Pollution Index of Industrial Sector N= Number of days of violation took place R= A factor in Rs S= Factor for scale of operation LF= Location Factor Note-

1. Average Pollution Index (PI) 80 has been taken considering Coal Mine & TPP in Red category of Industry

2. N, Number of days for which violation took place is period between the day violation observed and due date of compliance is taken as 30.11.2021 ( As the status report is up to 30.11.2021)

3. R, A factor in Rs is taken 250 only

4. S, Factor of scale of operation 1.5 as coal mines and TPP are large scale units.

5. LF, has been taken 1.0 for population less than one million Environmental compensation is calculated as under-

- The CTO issued on 23.10.2020 has condition of fly ash utilization in stowing.

- Consent condition was amended on 22.06.2021 for utilization of fly ash in OB dump.

- Date of first observation of non-compliance- 17.03.2021

- Last date taken for assessment- 30.11.2021

- Number of days for non-compliance- 253 days EC in Rs. 75,90,000/- (Seventy five lakhs ninety thousand)

6. Visit of M/s Ambuja Cement Coal Mines ( Gare Pelma Sector- IV/8)-

The field visit of oversight committee dated 17.03.2021 has observed dumping of OB on both sides of public road. In accordance with recommendation of the report mine site was visited on 24.08.2021 by Chairman and members of the new committee. During visit of the committee OB dumping was observed on both side of the road (Pic-03). This public road is passing through the mines area and utilized by public, Mines operator and coal transporters. No garland drains with proper settling tanks have been constructed. 25% of fly ash as required in 2009 notification for OB dump has not been done. We saw a number of coal loaded trucks passing through this road, Road condition is very bad. Ambuja Cement Ltd to be heard on Maintenance of Public Road, on illegal OB dump, non use of fly ash, non construction of drains and proper settling tanks . The mine authorities were instructed to present in hearing meeting on 14th September 2021 at Bilaspur with approved mining plan/ copy of EC/ permission from DGMS and CTE / CTO issued by Chhattisgarh Environment Conservation Board, Raipur.

Heard, M/s Ambuja Cement Limited Coal Mines (Gare Pelma Sector -IV/8) on Environment compensation on14th September 2021 The field visit of oversight committee dated 17.03.2021 has observed dumping of OB on both sides of public road. In accordance with recommendation of the report mine site was visited on 24.08.2021 by Chairman and members of the new committee. During visit it was found that OB dump was located very near to road side which was creating danger to public and transport moving on road. The mine authorities were present in hearing meeting on 14th September 2021 at Bilaspur with approved mining plan/ copy of EC/ permission from DGMS and CTE / CTO issued by Chhattisgarh Environment Conservation Board, Raipur.

The representatives of M/s Ambuja Cement Limited presented the mining plan in which location of the OB dump is sited at distance of minimum 45m from road side subject to diversion of PWD road passing between lease area. Officials of M/s Ambuja Cement Limited stated that they have deposited required amount with PWD, Raigarh for diversion of the road but there is no material to know whether PWD is diverting the road or not and if they intend to divert the road , by which time they may start and complete the diversion . Hence storage of OB dump near to public road may create danger to public passing through the road. In this context committee was in opinion that M/s Ambuja Cement Limited shall maintain minimum distance of 50 meters on both side the road and provide physical barrier all along the road in lease area to protect the public interest from accident as well as fugitive emission. M/s Ambuja Cement Limited shall also provide adequate garland drain along with OB dump with sufficient number of settling ponds. M/s Ambuja Cement Limited shall obtain necessary permission from DGMS and CECB and see that as per notification 2009 utilization of 25% of fly ash in OB dump shall be followed.

The mine authorities has accepted the suggestion and assured for construction of physical barrier of steel sheet mounted on iron 37 structure up to a height of minimum 3m at 50m distance form road on both side of road along full road length in leased area. The said construction has to be completed on or before 30th November 2021. The mine authority shall also maintain PWD road to a length falling in their mining lease area.

On verification visit dated 24-11-2021 we found that construction of physical barrier of steel sheet mounted on iron structure was in progress. Mines authorities present there stated that further minimum 15 days time may take to complete the work. They also apprised that they could not obtain necessary permission from DGMS for compliance of notification 2009 utilization of 25% of fly ash.

Violations of environmental conditions and directions as noted above brings the M/s Ambuja Cement Limited Coal Mines (Gare Pelma Sector -IV/8) under four corners for payment of Environmental compensation.

The environmental compensation (EC) is based on the following formula-

1. Average Pollution Index (PI) 80 has been taken considering Coal Mine & TPP in Red category of Industry

2. N, Number of days for which violation took place is period between the day violation observed and due date of compliance is taken as 30.11.2021 ( As the status report is up to 30.11.2021)

3. R, A factor in Rs is taken 250 only

4. S, Factor of scale of operation 1.5 as coal mines and TPP are large scale units.

5. LF, has been taken 1.0 for population less than one million Environmental compensation is calculated as under-

- The CTO issued on 23.10.2020 has condition of fly ash utilization in OB dump and stowing.

- Date of first observation of non-compliance- 17.03.2021

- Last date taken for assessment- 30.11.2021

- Number of days for non-compliance- 253 days EC in Rs. 75,90,000/- (Seventy five lakhs ninety thousand)(30,000x253) EC in Rs. 75,90,000/- (Seventy five lakhs ninety thousand) 38

7. M/s Hindalco Industries Limited - COAL MINES ( Gare Pelma IV/4 & 5) The committee has also visited the site of M/s Hindalco Industries Limited coal mine on 24th November 2021 and found that the mine is divided in two parts. In both parts mines operation is continuing. Back filling was also being done without utilizing fly ash. OB Dump has also been created without utilizing fly ash. Green belt has not been developed, however in OB dump they have planted some ornamental plant like GUL MOHAR, some fruit plant like mango, Guava etc. these plants are very small and their survival is under question. Trees to be planted in green belt or otherwise in mines area are not planted. We could not find garland drain along OB dump and settling ponds. From officials present we could come to know that coal extracted from here is supplied to their captive power plant situated in ORRISSA. When they have their own power plant, they are also producing fly ash but are not utilizing their fly ash here in their mines in back filing or in OB dump even they did not tell how they are disposing their own fly ash. M/s Hindalco Industries Limited - COAL MINES (Gare Pelma IV/4 & 5) has been directed to be present to defend their liability to pay environmental compensation in environmental compensation hearing on 25.11.2021 at Bilaspur with all relevant documents.

Heard M/s Hindalco Industries Limited - COAL MINES (Gare Pelma IV/4 & 5) on 25-11-2021 on assessment of environmental compensation.

Representatives from M/s Hindalco Industries Limited - COAL MINES ( Gare Pelma IV/4 & 5) appeared and contended that they have on mobile connectivity contacted DGM for permission and guidance for utilization of fly ash ,who gave a date for their inspection. They stated that after getting permission from DGM they may take steps to utilize Fly ash in back filling and OB Dump.

The mines is found divided in two parts . In both parts mines operation was continuing. Back filling was also being done without utilizing fly ash. OB Dump has also been created without utilizing fly ash. Green belt has not been developed, however in OB dump they have planted some ornamental plant like GULMOHAR, some fruit plant like mango etc. these plants are very small and their survival is under question. We could not find garland drain along OB dump and settling ponds. From officials present we could come to know that coal extracted from here is supplied to their captive power plant situated in ORRISSA . When they have their own power plant, they are also producing fly ash but are not utilizing their fly ash here in their mines in back filing or in OB dump even they did not tell how they are disposing their own fly ash.

M/s Hindalco Industries Limited was to provide adequate garland drain along with OB dump with sufficient number of settling ponds to ensure suspended solid free discharge of storm water in rainy season. Hindalco Industries Limited was to comply with the 39 provisions of notification 2009 for utilization of 25% of fly ash in OB and back filling. They were also required to develop proper Green Belt. In view of the above non-compliance Environmental compensation is calculated as under-

The environmental compensation (EC) is based on the following formula-

1. Average Pollution Index (PI) 80 has been taken considering Coal Mine & TPP in Red category of Industry

2. N, Number of days for which violation took place is period between the day violation observed and due date of compliance is taken as 30.11.2021 ( As the status report is up to 30.11.2021)

3. R, A factor in Rs is taken 250 only

4. S, Factor of scale of operation 1.5 as coal mines and TPP are large units. scale

5. LF, has been taken 1.0 for population less than one million

- The CTO issued on 02.01.2020 has condition of fly ash utilization in OB dump and stowing.

- Date of first observation of non-compliance- 02.01.2020

- Last date taken for assessment- 30.11.2021

- Number of days for non-compliance- 698 days EC in Rs. 2,09,40,000/- (Two Crore, nine lakhs forty thousand) ( 30,000/-x698)

8. Visit of Gare Palma IV/01 OC Mines- The captive power plant of M/s Jindal Steel & Power Limited, Dongramau has permission for disposal of its fly ash in Gare Palma IV/01 open cast mines. During visit of the committee on 24th August 2021 it was observed that fly ash mixed with OB being disposed near Nalah passing in mining lease area. (PIC- 07) The distance between disposal site and Nalah seems to be less than 500m and during rainy season fly ash may take a way to River kelo through Nalah. The issue has been considered as negligence in selection of site and M/s JSPL has been directed to be present in environmental compensation hearing meeting on 15.09.2021 at Bilaspur with all documents EC, Consent and quantity of fly ash disposed and remediation proposal if any.

On environmental compensation hearing representative from JSPL were present who have been heard and findings recorded that captive power plant of M/s Jindal Steel & Power Limited, Dongramau has permission for disposal of its fly ash in Gare Palma IV/01 open 40 cast mines. During visit of the committee on 24th August 2021 it was observed that fly ash mixed with OB being disposed near drain/ Nala (a watercourse) passing in mining lease area. The distance between disposal site and drain seems to be less than 500m and during rainy season fly ash may take a way to River Kelo through drain/ Nala (a watercourse). The issue has been considered as negligence in selection of site and M/s JSPL has been directed to shift the same on or before 30.11.2021.

On verification on 24-11-2021 we found that fly ash mixed with OB being disposed near drain/ Nala (a watercourse) passing in mining lease area has been removed. M/s JSPL vide its letter dated 28.10.2021 addressed to Regional Officer, Chhattisgarh Environment Conservation Board, Raigarh has informed about removal of OB on 24.10.2021. The committee has also visited the site on 24 th November 2021 and found that all OB dump was removed from the site. In view of noncompliance from 24th August 2021 to 24th October 2021 (62 days) EC may be imposed. In view of the above non- compliance Environmental compensation is calculated as under-

The environmental compensation (EC) is based on the following formula-

1. Average Pollution Index (PI) 80 has been taken considering Coal Mine & TPP in Red category of Industry

2. N, Number of days for which violation took place is period between the day violation observed and due date of compliance is taken as 30.11.2021 ( As the status report is up to 30.11.2021)

3. R, A factor in Rs is taken 250 only

4. S, Factor of scale of operation 1.5 as coal mines and TPP are large units. scale

5. LF, has been taken 1.0 for population less than one million Date of observation of noncompliance- 15.09.2021 Date of observation of compliance - 24.10.2021 Hence EC (in Rs) = 30,000 X 39 = 11,70,000/- (Eleven Lakhs seventy thousand Only)

9. M/s Jindal Power Limited, Tamnar, Raigarh-

It was reported in over sight committee visit on 17.03.2021 about leakage of fly ash slurry from ash dyke of M/s Jindal Power Limited. The committee had suggested M/s JPL to conduct study through a research organization of national repute to determine the stability of the existing ash dyke and take measures required to strengthen as needed. In order to take the status, the oversight committee once 41 again visited the site on 24th August 2021. Although spot shown by the officials of the JPL we could not observe leakage on that area from the dyke but we are not sure about other part of the dyke. The committee has discussed in details about process adopted for repair of the leakage and directed M/s JPL to submit the authentic report about strength of repairing undertaken and the stability report of the existing ash dyke from research organization of national repute on or before 30-11-2021.

JPL after complying the direction have submitted stability report conducted by NIT Raipur but did not file any documents to show details about process adopted for repair of the leakage or to establish repair conducted by competent person/ authority therefore is liable for Environmental compensation from 17-03-2021 to 24-08- 2021 In view of the above non-compliance Environmental compensation is calculated as under-

The environmental compensation (EC) is based on the following formula-

1. Average Pollution Index (PI) 80 has been taken considering Coal Mine & TPP in Red category of Industry

2. N, Number of days for which violation took place is period between the day violation observed and due date of compliance is taken as 30.11.2021 ( As the status report is up to 30.11.2021)

3. R, A factor in Rs is taken 250 only

4. S, Factor of scale of operation 1.5 as coal mines and TPP are large units. scale

5. LF, has been taken 1.0 for population less than one million

- The Environmental condition has been violated from 1703-2021

- Date of first observation of non-compliance- 17-03-2021

- Date of compliance taken for assessment-24-08-.2021

- Number of days for non-compliance- -161days

- Determination of Environmental Compensation ( EC)

- Hence EC (in Rs) = 30,000 X161 = 48, 30,000/- ( Forty Eight Lakhs Thirty thousand Only)

10. Calculation of property damage on application submitted by villagers in favour of the applicant against TPPs 42 Applications were against TRN Energy Pvt.Ltd. and against M.s Mahaveer Energy& Coal Benification Ltd. Although copy of the application are been served on these TPPs but they did not file any reply.

For hearing against these applications, both the parties remained absent. For verification services of concerned Patwari have been taken. As per information provided by the Patwari only 4 persons were found entitled therefore for those persons compensation has been calculated and remaining applications have been rejected.

Calculation of property/ crop damage was done on the basis of area and tentative loss to crop and rate per Quintal As per report of the area Patwari Govt. has fixed per hector crop 37 quintal and price including bonus Rs.2500/- per quintal of paddy.

The damage claims submitted by the affected villagers and farmers were scrutinized by officials of land revenue departments. They have given the affected area of claimant. Environmental compensation in the shape of damage has been calculated as below damage claim submitted by villager details of affected land is as under-




S.No.         Name & address of       Affected   Affected     Amount in
                  claimant            khasra       area         Rs
                                         No      Hectare


01         Sh. Ghurauram Rathia       381/01     0.076          7030
           Nawapara

02         Sh. Harcharan Rathia &     09/01      4.411        408017.5
                                                             allowed only
                                                            Rs.1,11,000/
                                                             -as claimed
           Sh. Malik Ram Rathia
           Kantagdeeh                            1.895
                                      09/02                   175287.5
                                                               allowed
                                                            Rs.1,11,000/
                                                             -as claimed
03         Sh. Karam Singh Rathia     401/01     0.101        9342.5
                Total Affected area              6.483       599677.5




     -   Note- Damage

Note damage calculated based on productions of 37 quintals per hectare considering rate of crop @ Rs. 2500 per quintal.

- The committee has decided that as environmental compensation /damage claim will be paid by M/s TRN Energy Private Limited to the affected villagers/ farmers as per above list accordingly.

At a glance Environmental Compensation/ Penalty/Fine have been calculated for non-complying industries and departments. The details are as under-


Sl.           Name of the industry / department                EC/Penalty/Fin
No                                                             e amount in Rs
 01                                                            1,00,00,000/-

Principal Secretary, Public Works Department Chhattisgarh Government 02 1,00,00,000/-

Principal Secretary, State Health Department Chhattisgarh Government 03 1,82,40,600/-

M/s TRN Energy Private Limited, Nawapara Raigarh 04 1,42,90,000/-

M/s Mahavir Energy and coal benefication Limited 05 M/s Hindalco Industries Limited Coal Mine 2,09,40,000/- 06 75,90,000/-

M/s Ambuja Cement Limited Coal Mine (GP IV/8) 07 11,70,000/-

M/s Jindal Steel & Power Limited, Dongramau, Tamnar 08 75,90,000/-

M/s Chhattisgarh State Power Generation Company Limited

09. M/s Jindal Power Ltd, Tamnar 48,30,000/-

Environmental Compensation against TRN Energy PVT. LTD. have been calculated for damage to property of individuals. The details are as under-




      S.No.      Name & address of      Affected    Affected     Amount in Rs
                     claimant           khasra        area
                                           No       Hectare


      01        Sh. Ghurauram Rathia     381/01      0.076           7030
                Nawapara




                                                                               44
      02     Sh. Harcharan Rathia       09/01       4.411      408017.5
            &                                                     allowed
                                                                  only
                                                               Rs.1,11,000/-
                                                                as claimed
            Sh. Malik Ram Rathia
            Kantagdeeh                09/02        1.895         175287.5
                                                                  allowed
                                                               Rs.1,11,000/-
                                                                as claimed

     03     Sh.   Karam     Singh     401/01       0.101          9342.5
            Rathia

                Total Affected area                6.483        599677.5

8. Final compliance status on 30.11.2021 and recommendations of the Committee are reproduced below:-

"FINAL COMPLIANCE REVIEW STATUS AS ON 30-11-2021

1. Short-term measures 1.1 Requiring all coal mines in Raigarh district to accept fly ash for disposal through OB dump and back-filling.

As per compliance report submitted on 07.04.2021 and accepted by Hon'ble NGT in its order dated 24.06.2021 Two SECL mines (IV/2,3) and one JPL mine (IV/1) only are accepting fly ash for disposal in OB dump. Other coal mines in Tamnar and Gharghoda area are not accepting fly ash for disposal in OB dump.

Although Environmental compensation has been assessed but for future they are not exonerated and shall be liable to assessment of Environment Compensation and other legal actions.

CEA vide its letter dated 14.02.2020 has informed about declaration of abandoned mines on recommendation of task force. The list includes 24 abandoned OC mines of Chhattisgarh to be used for filling of fly ash generated from TPP. The committee has suggested to Chairman, Chhattisgarh Environment Conservation Board for constitution of State Level Committee to decide the mode and quantity of fly ash to be disposed in working/ abandoned mines/quarries in the State. The same committee may also look after the fly ash disposal issues in Raigarh also on priority.

Oversight committee in its meeting dated 27.11.2020 has decided to write Chairman, CECB for constitution of State level Committee for permitting about utilization of fly ash for reclamation of low lying areas and in stowing of abandoned mines/queries only after ensuring the implementation of guidelines prepared by CPCB as per MoEF&CC notification No.SO 763(E) dated 14-091999. The decision was taken for giving effect to observations made by Hon'ble NGT in para 6 of their order 20.11.2020.

"Further, the applicant has given suggestions by way of written submission filed on 18.11.2020, inter-alia to the effect that contaminated sites be seen, fly ash dumping in low-lying areas be ensured and such dumping should not be in unscientific manner. The legacy fly ash dumps be remediated. Air and land pollution due to fire in the coal mines be remedied. Coal transportation by trucks must be done on scientific basis 13 and transportation by conveyor belts be preferred. Road maintenance be improved. Continuous Ambient Air Quality Monitoring Station (CAAQMS) be installed. Steps be taken for recharge of the ground water. Water supply to the concerned villages be provided by pipes."

In this context Nodal Officer of the oversight committee has written a letter to Chairman, CECB on 26.02.2021(RD/BPL/NGT OA-104/2018/202) for constitution of State level committee for utilization of fly ash for reclamation of low lying area, and in stowing of abandoned mines/quarries.

In this context, Member Secretary, CG Environment Conservation Board, Raipur, apprised us that State level committee has been constituted a long back and now has been reconstituted on 24.01.2019. This reconstituted committee is termed as monitoring committee constituted by Chhattisgarh Government to monitor the utilization of Fly ash in accordance to MoEF&CC notification SO 2804 (E) dated 03.11.2009. This committee is also responsible to ensure implementation of clauses 7, 8(i) & 8 (ii) of MoEF&CC notification SO 2804 (E) dated 03.11.2009 which reads as:-

"(7) No agency, person or organization shall within a radius of hundred kilometers of a coal or lignite based thermal power plant under take or approve or allow reclamation and compaction of low-lying areas with soil;

only fly ash shall be used for compaction and reclamation and they shall also ensure that such reclamation and compaction is done in accordance with 46 the specifications and guidelines laid down by the authorities mentioned in sub-paragraph (1) of paragraph

3. (8)(i) No person or agency shall within fifty kilometers (by road) from coal or lignite based thermal power plants, undertake or approve stowing of mine without using at least 25% of fly ash on weight to weight basis, of die total stowing materials used and this shall be done under the guidance of the Director General of Mines Safety (DGMS);

Provided that such thermal power stations shall facilitate the availability of required quality and quantity of fly ash as may be decided by the expert committee referred in subparagraph (10) for this purpose.

(ii) No person or agency shall within fifty kilometers (by road) from coal of lignite based thermal power plants, undertake or approve without using at least 25% of fly ash on volume to volume basis of the total materials used for external dump of overburden and same percentage in upper benches of back filling of opencast mines and this shall be done under die guidance of the Director General of Mines Safety (DGMS);

Provided that such thermal power stations shall facilitate die availability of required quality and quantity of fly ash as may be decided by the expert committee referred in subparagraph (10) for this purpose."

When there is already one statutory committee for monitoring and facilitating implementation of notification at the respective State Government level, there appears no need for constitution of another committee for the same work in the same field, CECB vide its letter number 318 dated 10.05.2021 has made allotment of fly ash disposal in void of Domnara OC mine (Abandoned) of Raigarh but no progress observed on ground, Only one abandoned mine is there for filling of fly ash but the same has been allotted to five companies situated in different area and with different quantities. This allotment has been done in complete violation of "GUIDELINES OF CIL OFFERING MINES VOIDS FOR FLY ASH DISPOSAL The guidelines is a complete code and following that only mines was required to be allotted and compliance should have been made. CECB should have asked Coal India Ltd to follow their own guidelines from inception of allotment of Mine void till disposal of fly ash and after closure of the site till reclamation.

1.2 Given the seriousness of improper fly ash dumping in low lying areas, and the practical difficulty in rigorously 47 monitoring the implementation of the recent SOP in the field, no further disposal of fly ash in low-lying areas by TPP/CPP companies to be permitted and all Gram Panchayats in Raigarh district to be directed to stop issuing NOCs for the same.

District collector, Raigarh has issued letter to concern departments for directing all gram panchayats for not issuing any NOC to use low lying area for disposal of Fly ash. During visit committee has observed restriction on fly ash disposal in low lying areas particularly in agricultural fields of the villages.

Hon'ble NGT in its order dated 20.11.2020 directed that contaminated sites be seen, fly ash dumping in low-lying areas be ensured and such dumping should not be in unscientific manner. The legacy fly ash dumps be remediated. In this context Nodal Officer of the oversight committee has written a letter to Chairman, CECB on 26.02.2021 (RD/BPL/NGT OA- 104/2018/202) for constitution of State level committee for utilization of fly ash for reclamation of low lying area, and in stowing of abandoned mines/quarries.

The committee has also directed Regional officer CECB for providing list of locations where fly ash have been disposed unscientifically and creating threat to environment and agricultural fields. In accordance with list provided b y C E C B , c o m m i t te e h as v i s i te d G h a r g h o d a a r e a o n 2 5 . 0 8 . 2 0 2 1 . Unscientific disposal of fly ash in low lying areas of Gharghoda is one the major issues taken in the case. The committee has visited few sites of fly ash dumping where proper strengthening and compaction of fly ash has not been ensured by M/s TRN Energy Pvt Limited resulting flow of fly ash in to adjoining fields and drains leading to River. The location of fly ash dumping exits in village Bhengari, Nawapara, Tenda and Kantagdeeh. The committee has visited newly constructed ash dyke near the power plant in Nawapara and observed flow of water along with side of ash dyke leading in the fields of farmers. The committee has also witnessed the breaching and damage, then accordingly instructed the villagers & farmers to submit damage claim application in the office of Regional Officer, Chhattisgarh Environment Conservation Board, Raigarh. The format of application for submitting damage claim has also been provided to villagers/farmers with request to be present during hearing at Bilaspur. M/s TRN Energy Private Limited (2x300MW) thermal power plant is located in village Bhengari, Nawapara (Tenda), Gharghoda, Raigarh. The plant started its commercial production in 2016 with an average generation of fly ash 4000 MT per day. The thermal power has generated approximately 48 2879126 MT fly ash during January 2016 to March 2021, out of which 58% (16,65,007 MT) has been disposed in low lying area of village Chote Gumda, Bade Gumda, Nawapara, Tenda and Baansmuda. As per detail submitted by the TPP the area used for disposal of fly ash is approximately17.378 Hectare.

TRN power has created an ash dump as non-compliance of EC conditions outside its ash dyke in the village Nawapara Tenda. There are physical evidences for breaching of mudwall leading to fly ash flowing into adjoined field even situation to fly ash in to neighboring habitants.

On field visit on 24-25.08.2021 we have seen that by the side of State High way unscientific fly ash dump has been found , also adjoining fields have been covered under fly ash dump causing utility loss of those fields. Erosion of the land due to fly ash is clear. Another fly ash dump adjoining to Forest and nalah in personal land of some villager have been seen, due to cracks and land break /erosion from various points water along with fly ash flowing from there is clear the dump is not in low lying area but is on plane ground by the sides of Bargad tree. No guide lines as prescribed since1999 have been followed. On earlier visit in March 2021 committee found that TRN power has created an ash dump outside its ash dyke in the village Nawapara Tenda .The top of Dump was at least 10 feet above the ground level. It was also observed that because of breaking of mud wall fly ash was flowing into adjoining field. To prevent the same no remedial measures has been taken by the PP. On road side flow we could see the flowing of fly ash in heavy quantity. A pretty big area has been covered under flowing of fly ash from this Dump.

Representative from TRN admits all these OB dumps and contended that after obtaining the permission from land owner and Gram Panchayat, Fly ash dump have been made. Although they brought some papers and made attempt to show that they have not violated the Environmental conditions. But could not produce permission / consent of State Pollution Control Board. The thermal power plant has also submitted copy of study report conducted in 2018 by ISM Dhanbad which recommends about no metal contamination in ground water due to leaching from fly ash disposed in low lying area.

Ministry of Environment and Forests Notification No. S.O. 763 (E) dated 14th September 1999 only permits for reclamation and compaction of fly ash in low lying area in accordance with specifications and guidelines laid down by the authorities as mentioned in clause 3 of that notification. None of the notifications or guidelines give liberty to loose disposal of fly ash that's too above ground level.

The committee has also visited the Sites of Ash Disposal by M/s Mahaveer Energy & Coal Benefication Limited, Biomass based 12 MW power plant located in village Bhengari. The industry generates fly ash by burning of rice husk with coal and use to dump it unscientifically at two locations in village Bhengari. The committee has visited dumping sites on 25th August 2021 and found fly ash dumping in Bhengari village and also in the plant premises. The unscientific disposal of fly ash leads air borne during summer season and washed out during rainy season leading towards surface water body.

Although Environmental compensation has assessed but that will not exonerate these companies from their illegal activities. We relying on judgment rendered by Hon'ble the SUPREME COURT OF INDIA in the matter NIDHI KAIM Vs. STATE OF MADHYA PRADESH, Civil Appeal No. 1727 of 2016, Decided on : 13-02-2017 in which Hon'ble SC has observed that :-

"There is a saying - when wealth is lost, nothing is lost; when health is lost, something is lost; but when character is lost, everything is lost. This is attributed to Billy Graham, an American clergyman, born on 7.1.1918. One cannot be certain, about the above attribution, because the same lesson has been taught in India, since time immemorial, by parents and teachers. The issue in hand, has an infinitely vast dimension. If we were to keep in mind immediate social or societal gains, the perspective of consideration would be different. The submission canvassed, needs to be considered in the proper perspective. We shall venture to derive home the point by an illustration. We may well not have won our freedom, if freedom fighters had not languished in jails ... and if valuable lives had not been sacrificed. Depending on the situation, even civil liberty or life itself, may be too trivial a sacrifice, when national interest is involved. It all depends on the desired goal. The preamble of the Indian Constitution rests on the foundation of governance, on the touchstone of justice. The basic fundamental right, of equality before law and equal protection of the laws, is extended to citizens and noncitizens alike, through Article 14 of the Constitution, on the fountainhead of fairness. The actions of the appellants, are founded on unacceptable behavior, and in complete breach of the rule of law. Their actions, constitute acts of deceit, invading into a righteous social order. National character, in our considered view, cannot be sacrificed for benefits - individual or societal. If, we desire to build 50 a nation, on the touchstone of ethics and character, and if our determined goal is to build a nation where only the rule of law prevails, then we cannot accept the claim of the appellants, for the suggested societal gains. Viewed in the aforesaid perspective, we have no difficulty whatsoever, in concluding, in favour of the rule of law."

We recommend that M/s TRN Energy Private Limited and M/s Mahaveer Energy & Coal Benefication Limited shall remove the fly ash dump as seen by the committee during their field visit within 4 months else those dumps shall be removed on the cost of those companies ,by State PCB and removed mataerial shall be given to the concerned company for proper disposal as per law.

1.3. Requiring that whatever coal is being supplied to JPL and JSPL from Gare Palma IV/2&3 should be transported through the already existing closed conveyor belts and no such coal transport should be allowed via trucks.

Representative from JPL present in stake holders meeting has informed that 44,25,66 MT coal was transported in 2019- 2020 &40,24,274in2020-2021 through conveyor belt to JPL. The quantity provided is about 70 % of total coal mined from GPIV/2&3, however coal quantity received for GP IV/2&3 is only satisfies its 25% requirement. Rest of the requirement is met from other coal mines of Chhattisgarh and Orissa. State PCB shall verify correctness of the declaration by examining companies coal transportation records.

1.4 Establishment of monitoring cell by PHED to monitor water quality being used by the residents of villages and provide pretreatment facility and removal of geogenic contaminants and anthropogenic contaminants before its use as drinking water. Specifically the quality of water treatment in the mine-supported water supply system in village Kondkhel needs to be ensured by PHED as per drinking water norms. PHED should do the analysis (major cations/anions/trace elements) of the inlet and outlet sample of the Defluoridation plant installed in the region.

PHED Raigarh has informed that water testing laboratories are functional at Gharghoda and Raigarh for testing of drinking water quality of the area. Moreover 12 hand pumps, 02 Power pumps and 01 tap water supply have been provided in Kondkel area. The residents of the village has informed about frequent lowering of ground water table due to UG mining activity. Representative of the PHED was also 51 in concurrence with the observation of the villagers. In order to ensure regular and good water quality to villagers the committee has directed M/s Hindalco to provide tape water in village and ensure quality of water in coordination with PHED Raigarh.

In order to ensure and verify the adequate quality of drinking water supply in Village Kondkhel, the committee has also visited Kondkhel village on 24.08.2021 along with applicant, representative of PHED and M/s Hindalco Limited. In the visit, water availability in hand pump as well as taped water supply was found in order. More over National Environmental Engineering Research Institute (NEERI) Nagpur set up network of observation wells in Kondkhel village during 01-02 August 2021. These observation wells network consisting of India Mark II hand pump that are used to measure the ground water level. The ground water level from observation wells network was obtained using Electric Contact Gauze. The ground water level is obtained with respect to below ground level (BGL). The ground water extraction though hand pumps is used for domestic purposes only. The depths to ground water level (BGL-

m) in the different observation wells varied between 5.24 m to 14.81 m during first week of August 2021.

Installation of Piezometers and monitoring: All the Coal Mine operators in the region need to install the Piezo meters as per the EC conditions. The installation need to be based on scientific lines and should take into account the depth up to which the mining is envisaged. Monthly monitoring of ground water level should be done by the mine operators.

1.5 Installation of adequate number of CCTV and CAAQM stations in coal mining area. Proper records under CCTV coverage shall be maintained by coal mines to ensure movement of covered trucks loaded with coals and regular and comprehensive operation of sprinklers in coal zone, stockyard and all mine roads. CAAQMS shall be connected to CECB/CPCB server, and also displayed on the mine gates for public information.

The committee during its field visits has observed installation of CCTV in coal mines and found its satisfactory operation its connectivity with CPCB and CECB should be made. M/s CSPGCL mines have installed two CAAQMS as per instruction and its connectivity with CPCB and CECB is in progress. CECB has also placed order for purchase and installation three CAAQMS in the area but as on 30.11.2021 no station was found operational.

M/s CSPGCL mine has installed two CAAQMS and remaining is not complied. May its installation takes time but on this excuse concerned proponents are not entitled for excuse. CECB to issue directions to concerned 52 proponents for installation of CAAQMS and for CCTV connectivity with CPCB and CECB.

1.6 Proper repairing and maintenance of roads outside the mine area to ensure smooth movement of trucks and other load carrying vehicles.

Although Environmental Penalty / Fine has been assessed on Principal Secretary, PWD State of CG but he is not exonerated from complying earlier directions. He should comply those directions else shall be liable again for Penalty/Fine and other legal coercive measures.

1.7 Proper and free health care facilities with multispecialty treatment system may be provided in all coal mine-adjacent villages as per the recommendations of the committee report of 14.6.2019 in the Dukalu Ram (OA 314/2014 CZ) case.

Although Environmental Penalty / Fine has been assessed on Principal Secretary, Health, State of CG but he is not exonerated from complying earlier directions. He should comply those directions else shall be liable again for Penalty/Fine and other legal coercive measures.

1.8 Strict vigilance by MOEFCC for green belt development compliance as per EC conditions.

Yes. On Papers although Project Proponents have tried to show that they are doing the plantation work, but there is distinction between plantation and Green belt development therefore as per mining plan coal mines shall develop green belt and on OB dumps shall grow prescribed species of tree and as per CPCB guide lines 2019 TPP shall develop green belt. 1.9 We also recommend that no further conversion of UG mines to Open Cast mines be permitted in Tamnar and Gharghoda, keeping in mind the environmental costs in terms forest loss, major 4 noncompliance in pollution control and social cost (rehabilitation).

Nodal officer of the committee has informed accordingly to Member Secretary (IA-Coal) Ministry of Environment Forests &CC vide letter number RD/BPL/NGT OA 104/2018/72 dated 18th September 2020. However Honorable NGT Order dated 27-02-2020 in Para 6 have observed; We are of the view that since serious deficiencies have been found and there is potential for damage to the environment as observed in the report, the 'Precautionary' and 'Sustainable Development' principles require that any further expansion or new projects in the area should be allowed after thorough evaluation only 53 and mechanism for remedial measures should be in place, including oversight of measures for health mitigation.

2.0 Long-term measures 2.1 Commissioning a detailed and comprehensive environmental load carrying capacity study to be carried out by a reputed environmental research institute over a 24 month period. Mode of commissioning of this study may please be decided by the Hon'ble NGT and necessary directions may please be issued.

In the meeting of the oversight committee held on 16.10.2020, CPCB has advised CECB to include the project cost in EC fund sponsored project. CECB vide its letter dated 31.03.2021 has invited proposal from NEERI, Nagpur for conducting Carrying capacity study in Tamnar & Gharghoda Blocks of District Raigarh. The Technical and Commercial proposal was submitted by NEERI, Nagpur which is still under consideration in CECB.

2.1.1 The study must cover dimensions of air pollution (especially PM2.5), water pollution and ground and surface water depletion, soil contamination, forest and biodiversity loss, and social and health impacts.

Action by CECB to ensure its incorporation during finalization of proposal submitted by NEERI, Nagpur for carrying capacity study.

2.1.2 Moreover, given the geography of the region, the study must assess the carrying capacity separately for two different sub regions: the northern Tamnar (coal mining related) block and Gharghoda block. Moreover, since Chhal open cast mine located in southern Dharamjaigarh block is located on the bank of Mand River and therefore in an eco-sensitive zone, a baseline study of this region may also be carried out. The southern Tamnar subregion has already been studied for environmental load carrying capacity by IIT Kharagpur (report submitted to CECB in 2018) and it has already recommended strict regulation of any further industrial development in particular parts of the sub-region through a high-level committee.

Action by CECB to ensure its incorporation during finalization of proposal submitted by NEERI, Nagpur for carrying capacity study.

2.1.3 CECB shall ensure that within 4 month the studied for environmental load carrying capacity pending with it shall be allotted according to legal process and allottee should ensure that after allotment study should be 54 completed and report submitted within 24 months. Both of them should keep in mind that default if caused then defaulter shall be liable under legal consequences.

2.2 To reduce the pollution and other impacts caused by road transport of coal and other minerals, directions may be issued that coal transport by road from coal mines or to thermal power plants in these two blocks will be permitted only for 1 year, after which transport must be done by rail or closed conveyor belt only.

IRCON International Limited, that 44 Km Railway line work from Kharsia - Gharghoda - Korichhapar has been completed and started transportation of coal. Work for 14 km rail line from Gharghoda - Bhalumuda - Gare Palma will be completed by June 2021. Rail line work from Karichhapar - Kurumkela - Dharamjaygarh will be completed by December 2021. IRCON has to construct 05 numbers of coal siding in Tamnar and Gharghoda area for increasing rail coal transportation. As on date of committee visit IRCON has completed 03 coal siding and made 01 siding operational, 02 more siding will be made operational by December 2021. As per data received from major mining company of the area i.e. SECL, it is reported that 35% coal transport increase has been observed in comparison to last financial year 2019-2020. It is assumed that coal transport by rail may increase by 50% in addition to earlier transport in rail by December 2021.

2.3 Condition of greenbelt development may be incorporated at TOR stage of EC application to ensure that greenbelt work shall be in place at the time of final presentation for obtaining EC, which shall be verified by MOEFCC. Further, while granting TOR, EAC should specify the location of the greenbelt to provide buffer between coal mine and human settlements, and specify a sufficient width of the greenbelt for the same.

Copy of Hon'ble NGT order has been provided to MoEF&CC through its representative of the committee.

2.4 Ministry of Coal be directed to include the necessary provisions to ensure the acceptance of fly ash in coal mines for disposal through OB dump and back-filling as per fly ash notification of 2009.

In this context, Member Secretary, CG Environment Conservation Board, Raipur, apprised us that State level committee has been constituted a long back and now has been reconstituted on 24.01.2019. This reconstituted committee is termed as monitoring committee constituted by Chhattisgarh 55 Government to monitor the utilization of Fly ash in accordance to MoEF&CC notification SO 2804 (E) dated 03.11.2009.

The committee seems to be responsible for obtaining specification of quality of fly ash from expert committee referred in sub paragraph (10) for this purpose. As per sub paragraph (10) ministry of coal for this purpose shall constitute an expert committee comprising of representative from fly ash unit, Department of Science and Technology, Ministry of Science and Technology, Director General of Mines (DGMS), Central Mine Planning and Design Institute Limited (CMPDIL), Ministry of Environment Forests & CC, Ministry of Power, Ministry of Mines and Central Institute of Mining and Fuel research (CIMFR).

Hon'ble NGT in its order dated 24.06.2021 on point no 6 has considered the field observations made in report dated 17.03.2021 about violation found on the JPL, JSPL, Hindalco Industries Limited, Mahaveer Energy and coal Benefication and M/s Ambuja Cement and M/s CSPGCL coal mines. The committee has addressed all issues during its site visit on 24th and 25th August 2021 and concerns were given opportunity of hearing on 14th and 15th September 2021.

1. The following observations made in the report dated 17.03.2021 has been found resolved. Fly ash dumping with in GP IV/01, outside mine void

2. Fly ash dumping with in GP IV/02 & 03, outside mine void

3. Leakage of fly ash slurry from JPL ash dyke

4. Fire in coal mine/coal dump Gare Pelma IV/02&03

5. Discharge of untreated waste water from M/s Hindalco Industries Limited Coal mine

6. Inadequate quality of drinking water supply to Kondkhel village

7. Making abandoned mines available for disposal of fly ash FOLLOWING ARE THE MAJOR RECOMMENDATION TO MEET OUT THE PROBLEM OF POLLUTION DUE TO TRANSPORTATION AND FLY ASH DISPOSAL:-

1. Coal brought from outside CG to Tamnar and Gharghoda area by TPP should be carried by train upto nearest Railway siding, may it be booked from any Rly station.

From Rly siding to TPP coal may be carried through mechanically operated closed Goods Vehicle or through manual operated Tarpoline covered Goods vehicle. If any exigency arises State PCB may for limited period relax this condition.

2. Coal bought from inside CG to Tamnar and Gharghoda area by TPP should be carried by train upto nearest Railway siding if train connectivity is available. From Rly siding to TPP coal may be carried through mechanically operated closed Goods Vehicle or through manual operated Tarpoline covered Goods vehicle. If train connectivity is not available coal may be carried through mechanically operated closed Goods Vehicle or through manual operated

3. Tarpoline covered Goods vehicle. If any exigency arises State PCB may for limited period relax this condition Fly ash is a byproduct of TTP and produced as a result of Coal/lignite Burning. Fly ash is hazardous to environment. For its disposal MoEF has from time to time issued notifications and as per notification 2009 one of the mode is stowing of mines using at least 25% of fly ash on weight to weight basis of the total stoving material used and 25% of fly ash on volume to volume basis on the total material used for external dump of over burden and same percentage in upper benches of back filling of open cast mines, this utilization is to be done under the direction of DGMS.

4. Coal mines although are legally and morally bound to accept minimum above quantity of fly ash from TPP. To achieve this target it is recommended that when coal is sold by the coal company to TPP there should be a condition in the agreement to sell that at least 25 % Fly Ash of the coal sold, should be accepted by the coal company (Seller) from TPP (purchaser) failing which coal company shall be liable for civil action and other legal measures.

5. Before approval of mining plan by the approving authority, approving authority should ensure incorporation of fly ash disposal as required under notification 2009 clause 8(i ) and 8(ii).

6. Till carrying capacity report comes, after taking due care to environment, authorities may grant mines, lease, consent permissions, EC etc. After receipt of the carrying capacity report, the same should also be taken as Governing factor."

Analysis, Findings and Directions

9. We have given due consideration to the report. The Committee has comprehensively gone into the matter in the light of earlier proceedings. It has recorded compliance status of earlier directions in respect of short term and long-term measures and made recommendations to remedy the situation. It has also assessed compensation for the past violations. It has been then concluded that payment of compensation does not exonerate 57 the industrial entities and the authorities from remedying the situation for future.

10. As regards compensation, we are broadly in agreement with the violations found and recommendations for compliance except that compensation is not adequate and recommendation for carrying capacity study needs to be expedited.

Compensation liability

11. As noted above, the Committee has held by two Departments of the State (PWD and Health) and seven industrial units responsible for violations, after considering their viewpoint. We agree with the findings of violations. Plea of lack of budget by the PWD to prevent dust pollution is untenable as clean environment is fundamental right under Article 21.

Sustainable Development, Precautionary principle and polluter pays principles are to be statutory enforced by this Tribunal under sections 15 and 20 of the NGT Act. If budget is not available, the same has to be collected from the concerned polluters or otherwise arranged by the State and for lack of budget, environment and public health cannot be damaged.

This is also the crux of the public trust doctrine which sustains good governance. Once pollution is being caused to the detriment of public health and environment, the State can be held accountable for its failure to take necessary steps. Thus, PWD has rightly been held liable to pay compensation for continuing damage to the public health and environment by failure to maintain/construct road in the area resulting in air pollution. Similarly, if the public health department is not providing health facilities to people affected by pollution, the Health department has to be held accountable as held by the Committee. TRN has been held responsible for unscientifically handling/storing flyash, adversely affecting 58 agricultural lands. Damage to dyke has been found. In the case of Mahavir, dumping of flyash in low lying area has been found contrary to guidelines and specifications. The flyash is becoming airborne and flowing in drain, contaminating groundwater. Ash dump is against EC conditions and applicable SOP. CSPGCL has been found dumping flyash on both sides of road and dumping sludge waste on and drain, to the detriment of environment and public health. Ambuja has failed to provide garland drain and found dumping OB on both sides of public road. Ambuja has created OB dump and not developed necessary greenbelt. Gare Palma has dumped flyash and OB in drain meeting river Kelo. Jindal has been held liable for violations of flyash dyke which was later remedied.

12. In view of deficiencies found, quantum of compensation assessed is inadequate. It is based only on number of days of violation, without reference to cost of remediation or financial capacity of the PPs as required inter-alia in M. C. Mehta & Anr. v. Union of India1, Sterlite Industries (India) Ltd. v. Union of India2 and Goel Ganga Developers India Pvt. Ltd. v UOI3.

Deterrent element has also to be included so that causing of pollution is not profitable. The compensation has been assessed only for the days of violation was found during inspection and not for the past violations. The formula evolved by CPCB may be a floor level determination of compensation but the same cannot be universal for all situations and needs to be supplemented by considering the cost of remediation and financial capacity of the PPs as required in terms of law laid down by the Hon'ble Supreme Court which is binding on all authorities. Since this deficiency in compensation assessment is happening repeatedly, it will be 1 (1987) 1 SCC 395 2 (2013) 4 SCC 575 3 (2018) 18 SCC 257 59 appropriate that CPCB issues revised guidelines to all the State PCBs/PCCs on this subject.

13. I.A. No. 40/2022 has been filed on behalf of M/s Ambuja Cement Limited objecting to the compensation assessed by the Oversight Committee. We do not find any merit therein. It is submitted that failure to dispose of fly ash is for want of approval by the DGMS for use of fly ash in OB dump, void and back filling. The joint Committee has not appreciated that there is increased demand for fly ash in view of letter dated 22.09.2021 issued by the Ministry of Power and para 13 of the Notification dated 31.12.2021 requiring the TPPs to undertake backfilling of ash in mines. Since no abundant mines are available to the industry, it is not accountable for not utilizing the fly ash. We are unable to accept the objection. The Committee has found failure to develop garland drain, as required and unscientific storing and dumping of OB on sides of public road which certainly is a ground for holding the unit accountable on polluter pays principle. As regards letter of the Ministry of Power dated 22.09.2021, while dealing with an identical issue vide order dated 18.01.2022 in OA No. 164/2018, Ashwani Kumar Dubey vs. Union of India & Ors., this Tribunal has held that the said letter is not to be enforced, being against the spirit of Notification dated 31.12.2021, obstructing speedy utilization of fly ash. The Tribunal also held that Notification dated 31.12.2021 extending time limit for disposal of fly ash could not be interpreted to mean that there is no accountability for scientific handling of such fly ash till its disposal. Operative part of the order is reproduced below:-

"1to16....xxx............................xxx......................................xxx

17. With regard to past violations generally, we leave the issue of compensation determination to the joint Committees of CPCB, State 60 PCB and District Magistrate within next three months, following due process. Compensation determination must be based on principles laid down inter alia in M.C.Mehta, (1987) 1 SCC 395, Sterlite (2013) 4 SCC 575 and Goel Ganga (2018) 18 SCC 257, having regard to the period of violation and financial capacity of the unit. Mere days of violations are not conclusive without reference to financial capacity of the units. Directions already issued on the subject will be treated as final as far as this Tribunal is concerned, subject to final orders of the Hon'ble Supreme Court in appeals filed by the concerned units, if any.

.........

19. The TPPs have referred to notification dated 31.12.2021 extending timeline for utilisation of legacy fly ash for 10 years, subject to scientific management and subject to 100% utilization on average of three years and not less than 80% in any given year. We are not called upon to express any opinion about the validity of Notification dated 31.12.2021. It may appear to be a retrograde step in the face of quantity of fly ash noted earlier and continuing damage to the environment and public health unless the notification is properly understood and interpreted so as to remedy the situation. The object of the notification is not to nullify the mandate of the Air Act or standards of air quality or other norms but to provide further opportunity beyond the earlier timelines, consistent with the mandate of complying with laid down environmental norms which are part of right to life. Violation of laid down air quality and other norms cannot and is not sought to be condoned. Nor there is any bar against remedying deteriorated environment of polluted industrial areas, in the light of recommendations based on ground verification. Thus, issue of violation of norms due to unscientific management and handling of fly ash remains including action against persons responsible for pollution and accidents, apart from issue of compliance of specific conditions of notification dated 31.12.2021 remains.

20. As noted earlier, situation caused by failure of the TPPs to manage fly ash scientifically and to utilize the same within reasonable time is highly detrimental to public health and emergency measures in Mission Mode are required. Even the Notification dated 31.12.2021 recognizes the alarming situations which is clear from the text of the Notification itself.........

21. In the light of above discussion, it is patent that remedial measures are required in terms of recommendations set out in para 15 above in respect of individual TPPs or other projects as well as general issues applicable to all the TPPs such as timely installation of air pollution control and monitoring devices, timely utilisation and disposal of fly ash, scientific designing of fly ash dykes and safety norms, addressing public health issues, steps for restoration of deteriorated environment by bringing down CEPI scores in the entire area, restoration of Rihand Reservoir and other damaged/degraded areas, providing arrangement for public health facilities, including water supply and by coordinated and concerted efforts and high level monitoring. The PP are to be accountable 61 for past violations and are under obligation to remedy the violations and follow the norms for future. The regulators are to enforce the same and higher authorities are to oversee. Accordingly, following direction are issued:

i. We direct constitution of a fly ash management and utilization Mission to be jointly headed by the Secretaries, MoEF&CC, Coal and Power, GoI and Chief Secretaries of UP and MP. The Secretary, MoEF&CC will be the nodal agency for coordination and compliance. The Mission will coordinate and monitor issues relating to handling and disposal of flyash as well as all associated issues in the light of above discussion. It may hold its first meeting within one month to take stock of the situation and to prepare action plan in the light of recommendations of Joint Committees quoted earlier in para 15 above in respect of individual plants as well as road map generally. Thereafter, it may meet atleast once in a month for one year to review the progress. The resolutions of the Mission and quarterly progress may be placed on the website of MoEF&CC for information of the stake holders and inhabitants in the area. The Mission will be free to interact with the concerned Government Departments/ Expert institutions/ individuals/other stakeholders. The Mission may in its first meeting require voluntary financial contribution by all the projects in proportion of the financial capacity of the projects out of CSR funds or otherwise. The contribution, alongwith compensation which may be collected may be credited to a separate environment restoration account for restoration of environment and relief to the victims of damage to the environment in such manner as may be found necessary by the Mission. Any victim or aggrieved party will be free to approach the Mission for providing such relief. The Mission may also consider the safeguards laid down in the Notification dated 31.12.2021, particularly for safety audits of the ash dykes which should be conducted particularly for structural stability, as far as possible within six months. Advisory issued by the Ministry of Power dated 22.9.2021 will not be enforced being against the spirit of notification dated 31.12.2021 and obstructing much needed speedy utilisation/disposal of legacy flyash. The Mission may evolve mechanism for interaction with stake holders, including associations of brick kiln owners. Guidelines be also issued for siting, design and engineering standards for the location, disposal, maintenance and regulation of Ash Ponds as breach of a fly ash ponds result in great disaster. Public health and risk impact assessment in the areas of operation of TPPs and generators of fly ash may be got conducted. The Mission may also monitor scientific management and utilization of fly ash by power projects outside Singrauli and Sonebhadra, in coordination with Chief Secretaries of concerned States and adopting safety measures for ash dykes, installing devices to control air pollution, (including FGDs, OCEMS) in a time bound 62 manner and restoration of environment and public health. The Mission may also consider use of beneficiated coal. It may in particular consider on-site and off-site crisis management plans with regard to fly ash ponds and dykes. As noted earlier, legacy fly ash is 1670.602 Million Tonnes as on 31.12.2021 and data of ash generation and utilization of legacy fly ash is as follows:

"Summary of Ash Generation and Utilization during year 2020-21 No. of Thermal Power Stations: 191 Capacity (MW: 2,13,030 MW Coal consumed : 672.130 Million Tonnes Fly Ash Generation: 222.789 Million Tonnes Fly Ash Utilization: 205.098 Million Tonnes Percentage Utilization: 92.06% Legacy flyash: 1670.602 Million Tonnes The Committee of Secretaries, in coordination with PPs and statutory regulators, may draw a roadmap for utilization and disposal of entire legacy fly ash for Sonebhadra and Singrauli areas as well as for all the Power Plants located in clusters or standalone with tagging the sources to utilize fly ash on voluntary and compulsion mode for which required mechanism be laid down.

ii. With regard to past violations, the PPs remain liable and the Joint Committee of CPCB, State PCB and jurisdictional District Magistrates may determine compensation following due process, on the principles laid down inter alia in M.C. Mehta, (1987) 1 SCC 395, Sterlite (2013) 4 SCC 575 and Goel Ganga (2018) 18 SCC 257, having regard to the period of violation and financial capacity of the unit. The PPs may take remedial measures as per recommendations of the Committee and as per law, failing with coercive measures for continuing or future violations be taken by concerned authorities.

iii. Statutory regulators may take action in terms of need for compliances in the light of recommendations with regard to individual Plants as well as generally so as to require the concerned PPs to comply, failing which coercive measures be taken by the statutory regulators in accordance with law.

iv. In respect of incident dated 10.04.2020, compensation paid to heirs of the deceased at the rate of Rs. 10 lakhs per death is increased to Rs. 15 lakhs on principles laid down inter alia in Sarla Verma (2009) 6 SCC 121 and Uphaar Cinema (2011) 14 SCC 481. We direct the remaining amount to be paid within one month. This order will not debar the heirs of the victims to claim higher compensation by approaching appropriate forum. If the salaries to persons appointed as compensation to the victims are below minimum wages, the PP may ensure compliance of law on the subject which may be also looked into by the concerned Labour Departments of the State of UP and MP. The statutory 63 regulators may take further remedial action in terms of recommendations of the Committee in OA 148/2020, quoted earlier for restoration of environment and preventing such incidents.

v. With regard to breach of Rihand Reservoir also, further remedial measures be taken in terms of recommendations on the subject, quoted in para 15 above."

14. Similarly, we do not find any merit in the reply filed on behalf of Mahavir Energy & Coal Benefication Limited, against proposed compensation. It is submitted that notification issued by the MoEF&CC under Section 5 of the Environment (Protection) Act, 1986 for utilization of fly ash from coal or lignite based Thermal Power Plant does not apply to the said industry as the said industry is not using coal or lignite but biomass.

15. This stand cannot be accepted. As seen earlier, Mahavir has been found dumping flyash unscientifically in low areas against specifications and guidelines which are becoming airborne causing pollution and flowing in drain contaminating ground water. Ash dump is in violation of SOP and EC conditions. Thus, whatever be the fuel used and dehors the notification of the MoEF&CC referred to by the applicant, scientific handling and disposal of fly ash is mandate of 'Precautionary' principle of Environmental Law for protection of environment. In view of specific violations causing air and water pollution in violation of EC conditions, the stand of the industry is untenable and is rejected.

16. Having regard to overall factual situation discussed above, while directing compensation assessed by the Committee be deposited as an interim compensation with the State PCB within two months, for restoration of the environment, we direct the State PCB to put M/s TRN Energy Private Limited, Nawapara Raigarh, M/s Hindalco Industries 64 Limited Coal Mine, M/s Jindal Steel & Power Limited, Dongramau, Tamnar, M/s Chhattisgarh State Power Generation Company Limited and M/s Jindal Power Ltd., Tamnar, PWD and Health Departments through the Chief Secretary, Chattisgarh to notice of these proceedings with view to provide them opportunity to show cause why higher compensation be not determined, having regard to the said violations, having regard to their financial capacity. M/s Ambuja Cement Limited Coal Mine (GP IV/8) and M/s Mahavir Energy and Coal benefication Limited already represented in today's proceedings are put to notice through appearing counsel. The said entities may file their response, if any, within one month time from date of receipt of notice. The individuals who have been held entitled to compensation may be paid compensation out of the amount deposited.

The State of Chhattisgarh and other entities may remedy the violations in terms of the observation of the Committee and file an affidavit of compliance failing which they will be held liable for further compensation.

Further recommendations about remedial measures

17. Further, the recommendation of the Committee in respect of short term and long-term measures need to be complied with by the industries in question as well as by the State of Chhattisgarh. This may be overseen by the joint Committee if any continuing violations founds, the violators will be held accountable by way of prosecution and liable to pay compensation.

Carrying capacity study

18. With regard to carrying capacity study, we are of the view that observation in para 2.1.3 of the Committee of requiring such study within 24 months cannot be accepted. The data is already available on the basis of which carrying capacity can be studied within three months. This may 65 be got done by CPCB and State PCB with the assistance of any other experts/ agencies. Funds available with CPCB/State PCB may be utilised, subject to further orders.

Conclusion

19. Above resume of discussion shows that there is continued damage to the environment and public health by indiscriminate storing, transportation and disposal of fly ash in District Raigarh in Chhattisgarh.

Remedial action has been duly identified in form of short-term and long-

term measures but the action so far taken is not adequate. Absence of health facilities for the victims is unfortunate and needs to be remedied.

Absence of suitable roads in the area added to the problem in the form of continued air pollution and even road accidents. This needs to be remedied by the concerned departments, including PWD and health Departments of the State. The industrial units have failed to follow the laid down environmental norms as per EC/Consent conditions which include requirement to comply with the Water and Air Acts. Wherever CCTV camaras and CAAQMS have still not been installed, the same need to be complied.

Directions

20. To sum up, our directions are:

(a) The State of Chhattisgarh and concerned Industrial units may deposit assessed compensation as interim compensation within two months, to be utilised for restoration of the environment, as per plan to be got prepared and executed by the Committee.

(b) Remedial measures be taken by the CPCB, State PCB, State of Chhattisgarh and the concerned Industrial units and the 66 authorities in the light of report of the Committee and observations of this Tribunal, hereinabove.

(c) The State PCB may put the concerned industrial units to notice of these proceedings other than those who have put in appearance in the light of observations in Para 16 above, to enable the State and such units to file their response, if any.

(d) In the light of order of this Tribunal dated 18.01.2022 in OA No. 164/2018, Ashwani Kumar Dubey vs. Union of India & Ors.

quoted above in Para 13, compensation may be redetermined, subject to final orders of the Hon'ble Supreme Court in Appeal, if any, filed by the affected parties.

(e) Having regard to aggravated adverse impact of the fly ash during the summer season, the State PCB may take appropriate remedial safeguards by issuing appropriate directions to the Project Proponents in question on the subject. For suppression of fly ash dust emissions, sprinkling be ensured utilising treated water and refraining from use of ground water or fresh water in view of already depleted level of groundwater.

(f) In view of order of this Tribunal in OA No. 164/2018, Ashwani Kumar Dubey vs. Union of India & Ors., quoted earlier, TPPs and other projects have to install requisite devices, take steps for timely utilization of disposal of fly ash, scientific designing of fly ash dykes, address issues relating to public health and restoration of deteriorated environment, providing water supply to affected persons and higher-level monitoring by the statutory regulators. Fly Ash Management and Utilization Mission constituted by the Tribunal headed by the Secretary, MoEF&CC may also look into the issues with regard to fly ash management 67 and utilization in Raigarh District. There has to be executable time bound plan to remove fly ash in Raigarh District for which a road map be prepared by the joint Committee and may also be overseen by the Mission in its next meeting, in coordination with concerned authorities.

(g) Consistent with the Notification dated 31.12.2021 issued by the MoEF&CC, audit of fly ash generation and management be got conducted within three months in respect of each unit generating fly ash in Raigarh District.

(h) CPCB may issue necessary guidelines to all PCBs/PCCs on determination of compensation in the light of observations in para 12 above.

(i) Any other victim of Raigarh District adversely affected by the operation of the TPPs with respect to fly ash in Raigarh District to put forward their claim, if any, with the District Magistrate, Raigarh, within two months which may be looked into by the joint Committee.

(j) The District Environment Plan of Raigarh District may cover all above aspects appropriately so as to be addressed in execution of District Environment Plan in association with stakeholders.

(k) The joint Committee may ensure that there is effective monitoring mechanism to address the issues on continuous basis.

21. Report of compliance status as on 30.06.2022 may be filed by the joint Committee by 15.07.2022 which may also be uploaded on the websites of CPCB and State PCB for response of affected parties, if any, by 31.07.2022.

List for further consideration on 05.08.2022.

IAs stand disposed of in view of above order.

A copy of this order be forwarded to MoEF&CC, CPCB, Chief Secretary Chattisgarh, State PCB and District Magistrate, Raigarh by e-

mail for compliance.

Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM February 15, 2022 Original Application No. 104/2018 (I.A. Nos. 37/2022 & 40/2022) A 69

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