National Green Tribunal
Aam Janta vs State Of Mp Ors on 21 February, 2014
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH, BHOPAL
Original Application No. 35/2013 (CZ)
CORAM:
Hon'ble Mr. Justice Dalip Singh
(Judicial Member)
Hon'ble Mr. P.S.Rao
(Expert Member)
BETWEEN:
Aam Janta through their Sarpanches
1. Santosh Bhai
Sarpanch of Gram Panchayat, Mahurachh Kandaila,
Janpad Panchayat Rampur Baghelan,
District Satna (M.P.)
2. Suneeta Tiwari
Sarpanch of Gram Panchayat Malgaon,
Janpad Panchayat Rampur Baghelan,
District Satna (M.P.)
3. Mamta Verma
Sarpanch of Gram Panchayat Sijahata,
Janpad Panchayat Rampur Baghelan,
District Satna (M.P.)
4. Urmila Singh
Sarpanch of Gram Panchayat Bathiya,
Janpad Panchayat Rampur Baghelan,
District Satna (M.P.)
5. Suneeta Tiwari
Sarpanch of Gram Panchayat Mankahari,
Janpad Panchayat Rampur Baghelan,
District Satna (M.P.) .....Applicants
Versus
1. The State of Madhya Pradesh
Through the Secretary,
Department of Industries,
Mantralaya, Vallabh Bhawan,
Bhopal (M.P.)
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kavita
2. Madhya Pradesh Pollution Control Board
Through its Chairman
Paryavaran Parisar,
E-5, Arera Colony, Bhopal (M.P.)
3. District Collector,
Satna District (M.P.)
4. Sub Divisional Officer
Rampur Baghelan,
District Satna (M.P.)
5. M/s Prism Cement Ltd.
Through its General Manager, Rajdeep,
Rewa Road, Satna, District Satna (M.P.) .......Respondents
Counsel for Applicant: Shri S.P. Tiwari, Advocate
Counsel for Respondents 1,3&4: Shri Sachin K.Verma, Advocate
Shri Ayush Dev Bajpai, Advocate
Counsel for Respondents 2 : Shri Shivendu Joshi, Advocate for
Shri Purushaindra Kaurav, Advocate
Counsel for Respondent 5 : Shri Ajay Gupta, Advocate
Dated :February 21st, 2014
JUDGEMENT
1. This case was originally filed as PIL in Writ Petition No. 1519/2013 in the Hon'ble High Court of Madhya Pradesh, Principal Seat at Jabalpur by the Sarpanches of 5 Gram Panchayats i.e., Mahurachh Kandaila, Malgaon, Sijahata, Bathiya & Mankahari of Janpad Panchyat Rampur Baghelan, District Satna (M.P.). As per the order dated 04.12.2013 passed by the Hon'ble High Court in accordance with the judgment dated 09.08.2012 of the Hon'ble Supreme Court in Bhopal Gas Peedith Mahila Udyog Sangathan & Page 2 of 25 kavita Ors. Vs. Union of India & Ors. the case was transferred to Central Zone Bench of National Green Tribunal at Bhopal and registered as Original Application No. 35/2013.
2. The petitioners in their petition have stated that they are not challenging any specific order but seeking issuance of directions by the Hon'ble Court to the Respondent No. 5, M/s Prism Cement Ltd. to stop pollution from its plant and improve sanitation in the open area of the Gram Panchayats where the plant is located and thereby prevent causing damage to the environment as well as to the people living in the surrounding villages. By not providing proper sanitation facilities to the employees and labourers working for the cement factory as well as due to not providing proper parking facilities to the heavy vehicles operated by/for the factory the environment in the surroundings of these villages is getting damaged, filth is getting accumulated resulting in insanitary conditions of the environment and pollution. The dust emitted by the cement plant is damaging the agriculture crops due to which the farmers are suffering. The Petitioners submitted that they have been authorized by their respective Gram Panchayats by passing a resolution, to file the PIL and to put up their grievances before the Hon'ble High Court so that they may get favorable orders directing the Respondent No. 5, M/s Prism Cement Ltd to take immediate action in preventing pollution and avoid consequent damage to the environment in the surroundings of their villages, health of the people as well as to their agricultural crops. They also stated that resolutions passed by the Gram Panchayats were forwarded to the factory management to look into the concerns of the villagers but due to the Page 3 of 25 kavita indifferent attitude of the factory management there is no improvement in the situation and no concrete steps are taken in this regard and the villagers continue to suffer. They further stated that they have personally met the officials of factory management a number of times and made representations to control pollution and avoid causing damage to the environment but the requests went unheeded and no concrete steps were taken by the management to redress the grievances of the villagers as well as in reducing the pollution caused by the factory. They contended that the factory management has not taken any favourable steps for the interest and welfare of the villagers, whereas before establishing the factory, many assurances were given and it was also declared by the factory management that the aforesaid 5 Gram Panchayats which are situated adjacent to the factory, will be adopted by the factory. The Petitioners representing the aforesaid 5 Gram Panchayats further contended that they have even filed a common representation and served notices to the management of the factory but still no action has been taken.
3. Due to irregular parking of heavy vehicles in the premises and surroundings of the truck yards and due to not providing any residential or sanitary facilities to the truck drivers and others including the labourers working for and on behalf of the factory, it is resulting in haphazard discharge of huge quantity of filth and solid waste as well as releasing of sewage water which is flowing freely into the surroundings including the roads, agriculture fields and common lands of the villages and the garbage is getting littered everywhere leading pollution in the surroundings of their Page 4 of 25 kavita villages. The pollution as well as improper handling of the vehicles moving from and to the mining sites as well as factory site is not only causing damage to the environment but also affecting the health of the villagers. Irregular dumping of solid waste and poor sanitary conditions are a regular practice in the vicinity of truck yards. Even the school children and passersby particularly girls and women, are not able to move freely due to heavy traffic and filth created by the truck drivers and workers. Walking of the people is restricted because of heavy traffic congestion caused by the movement and parking of large no. of trucks. The dust generated by the factory is not only creating health problems to the villagers but also damaging the standing agriculture crops leading to reduction of yield and loss of income to the farmers. Therefore it has become very difficult for the people to live there and the villagers are suffering both from economic point of view and health point of view besides undergoing mental stress. The petitioners contended that irreparable damage is being caused to the environment which cannot be compensated in terms of money.
4. They further stated that due to pollution, poor sanitation and filth created by the labourers and truck drivers, their Gram Panchayats have been deprived of the opportunity of getting nominated to the 'Nirmal Gram Panchayat Puruskar' instituted by the Ministry of Rural Development, Govt. of India for awarding to those Gram Panchayats which achieve 100% sanitation and have zero occurrence of open defecation by maintaining clean environment in their surroundings.
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5. The petitioners further contended that due to uncontrolled blasting of the mines by the Respondent No. 5, M/s Prism Cement Ltd. houses of the villagers are getting damaged and due to excess digging of mines the quarrying pits have gone so deep that the adjacent river water is entering into those empty pits leading to wastage of water and drying up of the river causing shortage of drinking water.
6. In the above circumstances, the Petitioners prayed that the Respondent No. 5, M/s Prism Cement Ltd. may be directed to properly manage the truck yards for orderly movement and parking of the heavy vehicles and operate the mines and the factory in such a manner that pollution is arrested in their surroundings.
7. The Respondent No. 5, M/s Prism Cement Ltd., Mankahari, District Satna filed its reply on 10.09.2013 denying the averments made by the Applicants. The Respondent No. 5 filed affidavit dtd. 20.09.2013 in compliance of the orders dated 10-9-2013 of this Tribunal. The Respondent No. 5 stated that the commercial production of the plant commenced on 1st August, 1997 after the company got mining lease for lime stone mining over an area of 1861.39 hectares which is renewed from time to time. The last renewal was done for a period of 20 years with effect from 10.12.2007. It was stated that the factory is an ultra-modern cement producing unit incorporating energy efficient state of the art technology and complying with Page 6 of 25 kavita all the environmental norms. The factory takes up open cast mining of lime stone with controlled blasting as per the provisions of Regulation 164 (1B)
(a) (b) of the Metalliferrous Mines Regulations (MMR) 1961. The factory was permitted by Director of Mines Safety, Jabalpur for undertaking controlled blasting within 300 mt. but beyond 100 mt. of structures / buildings vide order dtd. 09.09.2004 filed at Annexure R-5/2. The Central Mining Research Institute (CMRI) conducted investigations into ground vibrations, air overpressure and fly rock dispersal and arrived at certain parameters for the mining site in question duly studying the impact of ground vibrations and Peak Particle Velocity (PPV) with the distance and accordingly the company has taken up controlled blasting as per the parameters fixed and guidelines issued by the CMRI duly following ultra- modern technology. They are also strictly monitoring the seismic vibrations during the controlled blasting by installing approved and calibrated seismographs which record the vibrations with advance Raydet system which in turn are verified on daily basis (Annexure R-5/8). The Respondent No. 5 further stated that they regularly monitor Ambient Air Quality (AAQ) standards as well as the water quality and send periodical reports to Indian Bureau of Mines (IBM) as per the conditions prescribed. They also submit periodical reports to the Madhya Pradesh State Pollution Control Board (MPPCB). The Respondent No. 5 filed copies of documents at Annexure R- 5/9 and R-5/10 indicating the technical data on PPV. Page 7 of 25 kavita
8. The Respondent company have also filed a set of documents listing the prizes/awards won by it for complying with the mine safety norms for different years during 'Mine Safety Weeks' organised by the Director General of Mines Safety (DGMS) at all India level. The company also placed on record the awards it won from the IBM during 'Mines, Environment and Mineral conservation weeks' based on which the company was granted permission for carrying out the blasting just beyond a distance of 100 mt. from the dwellings.
9. The company has been awarded with Bureau Veritas Certification SA 8000: 2008 dtd. 30.09.2009, which is filed at Annexure R-5/15. The company also claims that they have been awarded '3 leaves' placing the company at 3rd position at all India level among all the cement factories for over all working efficiency including mining and production technology as per the study conducted by Centre for Science & Environment (CSE), New Delhi under the green writing project on the cement industry which is filed at Annexure R-5/16. They have also been awarded with pollution control and environmental conservation certificate by the Government of Madhya Pradesh for the years 2004-2005 and 2008-2009.
10. With respect to Corporate Social Responsibility (CSR) the company stated that they provide employment to the local villagers and they have established a hospital as well. They also established a school in which not only the wards of company employees but also the children of the local Page 8 of 25 kavita villagers are imparted with good education. The company is helping the local Gram Panchayats and organizing the community welfare programmes for the benefit of the villagers. The company has also undertaken steps for filling the mine pits and for establishing the reclaimed areas it has undertaken plantation of about 1,50,000 trees.
11. With regard to the alleged pollution caused by the heavy movement of trucks and poor maintenance of the truck yards the Respondent no. 5 states that the company has constructed one parking yard on its own and two yards were taken on contract basis. All the three yards have sanitation facilities including toilets for the truck drivers and the workers and no garbage and / or filth is allowed to let into the public places and whatever sewage is generated by the company it is treated in the sewage treatment plant and the treated water is reused by the company.
12. The contention of the petitioner that blasting is causing damage to the houses is not correct. And the petitioner has not furnished any details of the so called damaged houses and whatever houses were getting affected were acquired by the company after payment of suitable compensation. As the depth of mine is hardly 10 to 12 mt. and utmost 16 mt. there is no flow of river water entering into the mine pits as the lowest level of the pit is located at higher elevation than the river bed. Even otherwise 60 mt. safety belt is maintained all along the river.
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13. Inspite of giving opportunity to file their replies, the Respondents No. 1 Secretary, Department of Industries, Government of Madhya Pradesh, Respondent No. 2 District Collector, Satna and Respondent No. 4 Sub Divisional Officer, Rampur Baghelan, District Satna (M.P.) failed to file their replies and hence they forfeited their right to file reply.
14. The Respondent No. 2 MPPCB after inspecting the site on 31st August, 2013 submitted reply dated 06.09.2013, wherein it was stated that the Applicants have not specifically stated as to what kind of pollution is being caused by the industry. It was stated that there are 3 truck yards under use by the factory which are located adjacent to National Highway 75 at about 20 mt. distance in respect of yard 1 & 2 and 200 mt. in respect of yard no. 3 and no such pollution alleged to have been caused, as stated in the petition, is noticed. With regard to alleged damage to the houses due to blasting of the mines by the Respondent No.5 it was stated that IBM is the designated authority responsible for granting clearances and monitoring as to whether correct procedure is followed by the company or not. Therefore, in this regard MPPCB has written letters to IBM. The MPPCB further stated in their affidavit with respect to noise pollution that they have recorded the noise levels and found them under the prescribed limits. However, with respect to the pollution caused by the particulate matter they were unable to collect and analyze the data due to monsoon season. As far as damage to the agricultural crops is concerned it was stated that no such complaints have been received by the MPPCB from the farmers. However, they have written Page 10 of 25 kavita to the concerned Deputy Director, Agriculture but due to monsoon season no monitoring could be done. With regard to depletion of water in the adjacent river due to the alleged excess quarrying in the open cast mines by the Respondent no. 5, it was stated by the MPPCB that it is the responsibility of the concerned State Government Department to look into the allegation. In respect of diseases alleged to have been caused to the villages living in the surroundings of the factory, the MPPCB has written letters to Block Medical Officer and regularly pursuing the matter. On the whole, the Respondent No. 2, MPPCB has not brought out any irregularity / violation of environmental laws by the Respondent No. 5, M/s Prism Cement Ltd. However, the MPPCB has suggested certain measures to be adopted by the factory management in improving the sanitation and maintenance of truck yards.
15. Subsequently, as directed by the Tribunal on 10.09.2013 the MPPCB conducted fresh inspection on 20.09.2013, 21.09.2013 & 08.10.2013 and submitted a detailed compliance report dtd. 28.10.2013. It was stated that the Sijahata and Hinauti mines are located at about 70 mt. away from the river Tamas and depth of the mining pits is upto 12 - 18 mt. The air quality monitoring at the mining site was found to be below prescribed limits. The compliance report further states that the factory is operating two crushers inside the plant premises and air pollution control equipment as required in accordance with the prescribed norms, was installed by the factory and the AAQ monitored at 4 points inside the plant was found to be within the prescribed limits.
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16. With respect to AAQ monitoring outside the premises of the factory the data was recorded in all the 6 villages surrounding the factory namely Sijahata, Hinauti, Mankahari, Bamhauri, Narsinghpur & Mahurachh on 8-10- 3013. All these villages are located at a distance varying from 1-3 km. from the factory and all the petitioners belong to 5 of these villages. The data indicated that the PM10 and PM2.5 levels are found below the prescribed limits. It was also stated by the MPPCB that the physical and chemical parameters of the water quality monitoring samples of the river Tamas taken on 3-10-2013, are found to be within the prescribed limits and no pollution was indicated.
17. The reports furnished by the Agriculture Department have been placed on record by the MPPCB wherein it was stated that excluding the rainy season it is apprehended that partial damage to the agricultural crops may take place due to the of dust emanated by the movement of the trucks. However, the report does not specify any concrete damage caused to the agricultural crops. It is only an apprehension. The soil testing report does not indicate any damage to the soil and no pollution was found to have been caused to the crops.
18. The MPPCB has filed a detailed statement as Annexure (R-11) indicating point wise compliance status of the conditions laid down in the Environmental Clearance (EC) dtd. 22.09.2008. As per the report of the Page 12 of 25 kavita MPPCB all the conditions prescribed in the EC were found to be satisfactorily implemented by the factory. The company has planted about 51,500 trees in the plant premises and around 1,34,000 trees in the mining areas to fulfill the condition of developing green belt constituting about 33% of the total area. The industry has installed four AAQ monitoring stations. It is submitting the AAQ monitoring and stack emission monitoring results on monthly basis to MPPCB and on six monthly basis to the Central Pollution Control Board (CPCB). The industry is not discharging any sewage / industrial waste water as this plant is producing cement under dry process. For domestic sewage STP of sufficient capacity has been established and samples tested reveal that they are within the prescribed limits. The industry is also monitoring the Ambient Noise levels which are found to be within the prescribed standards.
19. Thus as stated above, the MPPCB after conducting detailed inspection during August, September & October, 2013 have categorically repudiated the contention of the Applicants that the factory and its mining operations are causing any perceptible pollution to the surroundings of the villages. The MPPCB however that the factory management is required to undertake improvement works with regard to maintenance of truck yards in general and sanitation in particular.
20. With regard to the allegation of irregular blasting of mines being carried out by the company, the Deputy Mine Controller, Indian Bureau of Page 13 of 25 kavita Mines, Regional Monitoring Centre, Jabalpur appeared before the Tribunal on 20.11.2013 and submitted a report dtd. 19.11.2013 stating that a joint inspection was carried out on 17.11.2011 by IBM and state Govt. officials and it was noticed that in the dwellings of Hinauti Village no cracks were observed in respect of 'Pakka' houses whereas some cracks were noticed in 'Kachha' houses. However, it cannot be established that the cracks are due to blasting. The inspection reveals that blasting was being carried out as per CMRI recommendations based on ground vibration study. He further stated that as per the approved mining plan there is no proposal of undertaking mining by blasting method within a distance of 100 mt. from the habitation i.e. dwellings / houses and inspection revealed that no such blasting was going on within 100 mt. of dwellings / houses.
21. The Applicants have raised various issues related to poor sanitation in the vicinity of their villages, damage to agriculturl crops, damage to their dwellings due to blasting in the mines though none of these allegations are sustainable as per the reports filed by the MPPCB. However, it is a fact the truck yards of the factory require improvement in maintenance to avoid sanitation problems in the vicinity of the villages. Environmental protection and right to clean environment has found due recognition in terms of Article 51A (g) and Article 21 of the Constitution of India. This places greater obligation upon the Tribunal to examine the sustainable and planned development with a greater caution and with special protection to the environment. The Respondent No. 5 M/s Prism Cement Ltd should not carry Page 14 of 25 kavita on any activity which would be injurious to the environment or cause its degradation as well cause any damage to the quality of life of villagers and their health and at the same time ensure compliance of all safety conditions.
22. Considering the detailed inspection reports filed by the MPPCB and documents produced before us by the Respondent No. 5 in it's replies, we consider it fit to give the following directions to the Respondent No. 5 M/s Prism Cement Ltd to implement them as a part of Corporate Social Responsibility (CSR) and as provided in the letter at Annexure R/5 dated 16.08.2013 and also keeping in view that all the five Gram Panchayats where this particular unit is located, have unanimously passed a resolution in their Gram Sabhas bringing certain difficulties faced by the villagers and damage caused to the environment and pollution apprehended/ caused in their surroundings by the factory and mining of lime stone quarries in their village limits.
(1) The company should maintain a good relationship with all the stake holders particularly with the local villagers where the unit is located and where its mines are located for the common good and should demonstrate its commitment by way of undertaking various welfare measures incorporated in the conditions and their letter at Annexure R/5 dtd.16.08.2013. They should not just limit their activities for increasing their profits but strive to fulfill their Corporate Social Responsibility on a continuous basis as long as the unit is under operation. They should integrate the economic, environmental and social objectives into Page 15 of 25 kavita their working system and they cannot escape from their responsibility of maintaining clean environment and avoid causing inconvenience and damage to the villagers which affects their quality of life.
(2) We direct the Respondent No. 5 to set apart required amount from their profits in order to ensure remedying of the damage caused to the environment as the Applicants have sought protection of environment in their village limits and prevent damage to the houses and also enforce the provisions of Environment (Protection) Act, 1986.
(3) Where there is a continuity of environmental degradation, the Respondent No. 5 shall continue to undertake remedial measures till the nuisance, degradation or damage is brought to halt. We have no hesitation in holding that there is urgent need to address problems of environmental degradation and concerns of villagers and therefore, the factory and mining areas including the truck yards require revamping, upgradation and modernization. The company shall take suitable steps to do needful as it is supposed to avoid environmental problems and cater to the needs of the local people. Besides strictly following the provisions of the Environment (Protection) Act, 1986 and rules made thereunder as applicable to the unit and besides regularly furnishing the statutory reports to the concerned Page 16 of 25 kavita enforcing authorities the company shall immediately undertake the following improvement works:-
(i) The truck yards located at Village Narsingpur, Chibura turning requires improvement by replacing the existing 'kachha' ground which is reported to be un-metalled and filthy with cement concrete flooring to reduce dust pollution and for keeping the premises clean and neat. Beside the above, sanitary and water facilities have to be improved to cater to the needs of all the truck drivers and labour and avoid them going out and causing damage to the surroundings particularly in the open fields and village lands. The report of the MPPCB filed at Annexure (R-1) also clearly suggests certain shortcomings in the truck yards and measures to be undertaken and to be complied by the factory management.
Similar improvement works are also required to be undertaken by the factory management for the truck yard located in village Maurachh adjacent to National Highway-75 and third one located near prism road turning adjacent to NH-75.
The above works shall be completed within a period of 90 days. Thereafter the officials of the Page 17 of 25 kavita MPPCB shall inspect and satisfy themselves whether their suggestions have been implemented by the factory management and the truck yards are made environment friendly.
(ii) Though, there is no concrete evidence and categorical report from the Agriculture Department to the effect that the dust pollution by the factory is leading to damage of crops of the villagers and reduction in the yield, it would be appropriate for the MPPCB to monitor the situation regularly in consultation with the officials of Agriculture Department so that the emissions confirm to the National Ambient Air Quality (NAAQ) standards and are strictly followed by the Respondent no. 5.
(iii) Though, the Respondent No. 5 stated that till now the industry has planted around 51,500 trees in the premises of the unit and about 1,34,000 trees in the mining areas, the photographs filed by the Respondent No. 5 at Annexure-R-5/23 clearly reveal that the surroundings of the factory including the pucca cement roads laid by the factory and the approach roads they are using is bereft of any vegetation. Therefore the Respondent No. 5 shall undertake planting of trees on either Page 18 of 25 kavita side of the approach roads and also the village roads and tracks leading to the mine sites besides undertaking block planting of trees in the left over factory premises as well as in the blank space of community / common lands / Panchayat / Government lands in consultation with the local Gram Panchayats and Rural department and Revenue department officials so that the entire premises and surroundings of the factory are covered with thick vegetative growth which will considerably reduce the pollution and improve the air quality. In this regard they may draw plans for undertaking plantation work during the 2014 monsoon season itself in consultation with local forest officials. They should make all the necessary provisions for protection and maintenance of trees including regular watering atleast for a period of 3 years. Still if any plantable areas are left, they shall be covered during the 2015 monsoon. The selection of the tree species shall be in such a way they are suitable to the local climatic and edaphic conditions. As seen from the photographs if any blank low lying areas exist in the premises and surroundings of the factory planting of water Page 19 of 25 kavita tolerant tree species shall be given preference. The MPPCB shall regularly inspect the progress of the work and periodically obtain the reports from the factory.
(iv) Though, the Respondent No. 5 has produced documents showing the implementation of community welfare measures and activities taken up for the benefit of villagers it is still required that the Respondent No. 5 to convene a meeting with all the Sarpanches/Pradhans of the five Gram Panchayats, draw up a detailed plan to attend to the issues raised by the villagers particularly with regard to providing drinking water facilities, improving the sanitation and drainage system in the surroundings and regulation of movement of trucks going to and from the mining sites as well as the factory premises. The Respondent No. 5 should also involve the concerned officials of the MPPCB and the govt. departments so that it becomes a concerted approach instead of duplicating the work as certain rural development works are generally undertaken in the villages with government funds.
(v) With regard to medical facilities the Respondent No. 5 has given the particulars of the hospital Page 20 of 25 kavita established by it for the benefit of the employees and workers of the factory as well as the villagers residing around the factory but it appears that not much attention is paid to the needs of the villagers as it was stated in the reply that Ambulance service will be provided to the villagers, if available Therefore this aspect requires improvement and the villagers should have access to the emergency medical facilities including Ambulance service round the clock.
(vi) Though, no concrete evidence is produced before us showing damage to the dwellings due to the blasting operations undertaken by the Respondent No. 5 in its mines located adjacent to the villages, all precautions shall be taken as per the prescribed conditions and as per the statutory permission and guidelines issued by the Indian Bureau of Mines. The officials shall regularly inspect the mining sites and if any violation is noticed they should immediately initiate the action in accordance with law.
(4) The management of the Respondent No. 5 shall implement all the above directions along with the provisions already committed by it under appropriate CSR and see that the Page 21 of 25 kavita villagers of all the five surrounding Gram Panchayats develop a positive attitude towards the factory by taking them into confidence, amicably settling their problems and attending to their grievances so that the villagers do not suffer damage to their health and their environment as well as economic loss and at the same time the Respondent No. 5 can continue to do his operations without any hindrance.
23. We may add here that in the letter dtd. 16.08.2013 addressed to Senior President, Human Resource Management of the factory and written by the CSR coordinator which is filed at Annexure R/5-18 by the Respondent No. 5 it was stated that the following works of CSR are being undertaken by the Project Management.
1. RCC road of approximately two kilometers was constructed by the company stretching from Mahurachh road junction to village Bamhouri road junction.
2. Truck yards have been developed along NH-75 which have the following basic amenities:
i. At Mahurachh road junction construction of bore well pump for providing clean drinking water for general public in truck yard at Mahurach road junction.
ii. For the 'Sulabh Souchalaya' constructed by Mahurachh Gram Panchayat which is constructed adjacent to Mahurachh Truck Yard, company provided the land for it and further 50% of the cost expenditure was also borne by the company, which is mentioned on the foundation stone of the 'Sulabh Souchalaya'.
iii. For the truck yard constructed at village Katra Narsinghpur another new Truck Yard was Page 22 of 25 kavita constructed with similar basic amenities of clean drinking water and 'Sulabh Souchalaya' especially for drivers, helpers, labourers and general public.
3. Free medical treatment is being provided to those villages which have been adopted by the company. Not only this, free medical camps on monthly basis are being conducted for various ailments like diabetes, eye check up, orthopaedic (osteoporosis) check up, haemoglobin, blood pressure, etc at places like Mankahari, Bamhouri, Bathia, Sijhata, Baghai, Hinouti, Narsinghpur etc.
4. Company ensures that free ambulance service is being provided 24 hours in a day for all villagers of nearby panchayats.
5. AIDS awareness programs are conducted from time to time by the company at Mahurach road junction, the truck yards and in all the villages adopted by the company.
6. As part of our green campaign about three thousand trees have been planted along the road from Old Despatch Gate to Mahurach road junction.
7. From New Despatch Gate onwards about four thousand trees planted up to village Katra Narsinghpur till NH-75 road junction.
8. In all the seven Panchayats near to the company i.e. Mankahari, Hinouti, Bathia, Sijhata, Baghai, Mahurachh Kandaila and Narsinghpur for all primary school children from class one to class five i.e. 1060 school children free distribution of school uniform, bags, books, copies and other study material are being distributed annually.
9. On national holidays i.e. Independence day and Republic day free distribution of sweets and confectionaries by the Company is done in the above mentioned schools.
10. Deepening of Mankahari pond situated in village Mankahari was done along with emboldening of the pond bund. Further, intense plantation has been done on this bund by the company.
11. A play ground has been developed in Mankahari Gram Panchayat for playing football, cricket and other sports. Page 23 of 25 kavita
12. Company has taken upon itself the renovation work of Old Shiva temple 'Jhabla Baba' situated in Hinouti Gram Panchayat and has also constructed a 'dharamshala' for pilgrims and for the general public.
13. A pucca ghat has been constructed on river Tamas near the above Old Shiva temple for general use of public.
14. Company has been providing drinking water through water tankers to villages where water becomes scarce during extreme summer season and on occasions when required for various purposes like village events, festivals, rituals, etc.
15. Company sends its fire tenders along with fire fighting crew to the villages whenever there is a case of fire break out.
16. Ramban is a place of historical importance and its pond had dried up. In order to again fill it with water the water canal connecting this pond to Naro hills, which is at about a distance of five kilometres has been deepened and cleaned and fourty hume pipes were laid. Due to this effort of the company the Ramban pond has again become full of water.
17. Company organizes football and cricket tournament annually in Hinouti Gram Panchayat, the entire cost of which is borne by the company.
18. During the entire summer season Company arranges sprinkling of water on nearby village roads to alleviate the flying of dust.
19. Company provides financial support to the poor and to village community events from time to time.
24. We accordingly direct the Respondent No. 3, District Collector, Satna and the Respondent No. 4, Sub Divisional Officer, Rampur Baghelan, District Satna to monitor the aforesaid activities undertaken by the factory management and directions given above and send six monthly progress reports to the Regional Officer, MP Pollution Control Board, Satna who in turn shall file the same before this Tribunal.
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25. With the above directions we dispose of this petition. The parties shall bear their own cost.
26. For verifying the compliance the matter be listed with the first six monthly reports of the District Collector, Sub Divisional Officer & Regional Officer of MP Pollution Control Board on 15th September, 2014.
(Mr. Justice Dalip Singh) Judicial Member (Mr. P.S.Rao) Expert Member Bhopal February 21st, 2014 Page 25 of 25 kavita