National Green Tribunal
Banothu Nandu Nayak vs Singareni Collieries Company Ltd on 8 September, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.04:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 174 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Banothu Nandu Nayak,
Khammam District,
Telangana ...Applicant(s)
Versus
The Singareni Colleries Company Ltd.,
Rep. by its chief Executive Officer,
Bhadradri Kothagudem District,
Telangana and others.
...Respondent(s)
Date of hearing: 08.09.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN,
JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Sri. Sravan Kumar
For Respondent(s): Sri. Sai Krishnan through Sri.
Lakshmi Narasimhan for R3.
Smt. Yasmeen Ali through M/s.
Renuka represented for R4 & R5
ORDER
1. The grievance in this application is regarding the sound, 1 air and soil pollution caused on account of the operation of Open Cast Coal Mining activity of the 1st respondent unit in Kothagudem, Bhadradri, Kothagudem District of Telangana State, but operating within the Jurisdiction of Khammam District.
2. According to the applicant, this was brought to the notice of the authorities and the District Collector, Khammam District had constituted a committee to go in to the issue and certain directions were given, but the same were not complied with by the first respondent and no further action was taken by the authorities for non compliance of the directions given by the committee.
3. Further, when they applied for expansion of their unit the Expert Appraisal Committee of the Ministry of Environment Forest and Climate Change had found certain environmental issues and violations committed by these coal units. However, in spite of that no action has been taken by the authorities.
4. According to the applicant this causes untold hardships to the people of the locality. It affects the health of the people as well. The Corporate Social Responsibility 2 (CSR) activities were also not properly executed by the project proponent in order to mitigate the issue that is being faced by the local people for which purpose such fund has been created by statue. So, the applicant filed this application seeking the following reliefs:
1) "Appoint an Independent experts committee to verify the allegations raised by the Applicant in regard to environmental violations, damage caused by Respondent No.1 in the execution of Jalagam Vengal Rao Opencast Coal Mine at Sattupalli of Khammam District in Telangana State.
2) Direct the MoEF, TSPCB to take appropriate action according to Environment Protection Act, 1986 for violations committed and loss caused by Respondent No. 1.
3) Direct the District Collector to enumerate and assess the loss caused by Respondent No.1 for restoring it to normalcy or providing housing scheme to the damaged houses as per the State Government Policy.
4) Direct the Respondent No.1, State of Telangana and District Collector to setup health centre under Corporate Social Responsibility at NTR Nagar Colony of Sattupalli of Khammam District to provide free 3 health facilities as per Office Memorandum No 3- 11013/25/2014-1A1, dated 11.08.2014 of MoEF.
5) Direct the MoEF to file an action taken report on the violations recorded in the Minutes of 48th meeting of EAC dated 13th & 14th June, 2018 for passing appropriate orders."
5. On going through the allegations in the application, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the issue. So, the matter is admitted.
6. When the matter came up for hearing for admission today through Video Conference, Sri. Sravan Kumar represented the applicant. Smt. Yasmeen Ali through M/s. Renuka represented for respondents 4and 5 and Sri. Sai Krishnan through Sri. Lakshmi Narasimhan represented 3rd respondent.
7. Since 7th respondent is not a necessary party to the proceedings, we feel that there is no need to retain them in the party array. So, the 7th respondent is deleted in the party array.
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8. Issue notice to respondents 1, 2 and 6 by Registered post with acknowledgement due, email and also by dusthi if possible and produce proof of service on them by filing an affidavit before this Tribunal as per rules.
9. The applicant is also directed to serve copy of the application along with documents produced by him to the standing counsel appearing for respondents 3 to 5 within a week.
10. The applicant is also directed to produce necessary requisites before this Tribunal within a week along with necessary postal cover and postal stamps, so as to enable this Tribunal to send notice to all the respondents through Tribunal.
11. In order to ascertain the impact of open coal mining that is being alleged in the application and also the violations if any of the environmental clearances and consent granted by the 1st respondent and also violation of the mining closure plan, we feel it appropriate to appoint a joint committee comprising of
1) the District Collector, Khammam District, or a Senior Officer not below the rank of Assistant 5 Collector/Joint Collector or Sub Divisional Magistrate as designated by the District Collector, 2) a Senior Officer/Scientist from Ministry of Environment, Forests and Climate Change (MoEF & CC), Regional Office, Chennai 3) a Senior Officer from Telangana State Pollution Control Board as nominated by its Chairman and 4) a Senior officer from the Department of Mining and Geology, Telangana State as deputed by the Director to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.
12. The committee is directed to go into the question as to whether the safety as well as pollution control mechanisms provided are sufficient to meet the sound, air pollution that is likely to be caused on account of the operation of the 1st respondent unit, the impact of such pollution on the residents of that locality, whether there was any violation committed by the 1st respondent in implementing the terms and conditions imposed in the environmental clearance granted and also the consent granted by the authorities, whether 6 the mining closure plan has been properly implemented by the 1st respondent when the mining activity in one of the mines is closed or exhausted, whether any excess mining has been done and if so, what is the quantity of the excess mining done.
13. The committee is also directed to assess the environmental compensation regarding the damage caused to the environment apart from assessing environmental compensation for excess mining that is said to have been committed by them.
14. The committee is also directed to go into the question as to whether any soil degradation has been caused on account of the activities of the 1st respondent and its impact on agricultural activities in that area.
15. The committee is also directed to conduct the Ambient Air Quality and soil quality test and also test the sound level in that area, and if there is any violation found then, suggest as to what are all the remedial measures to be taken by the 1st respondent to mitigate the same apart from payment of 7 environmental compensation for the damage caused to the environment.
16. The committee is also to go into the question as to whether necessary green belt has been provided for the purpose of mitigating the air pollution and sound pollution by the first respondent unit.
17. The committee is also directed to go into the question regarding the vibration that is being caused while using explosives if any, while undertaking the mining operations and its impact on the residential area as well.
18. Ministry of Environment Forests and Climate change, Regional Office, Chennai will be the nodal agency for co-ordination and for providing all necessary logistics for this purpose.
19. The applicant is also directed to submit a set of papers to the members of the committee within a week.
20. The committee is directed to submit the report to this Tribunal on or before 09.11.2020 by e-filing along with necessary hard copies to be produced as per 8 rules.
21. The Registry is also directed to communicate this order to the members of the committee and also to the official respondents immediately by e-mail, so as to enable them to comply with the direction and also to file their independent response regarding the allegation in the application before the next hearing date.
22. For appearance of parties, submission of pleadings and also for consideration of report, post on 09.11.2020.
......................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Saibal Dasgupta) O.A.174 of 2020(SZ) 08th September 2020. Sr. 9