National Green Tribunal
Om Puri & Ors vs Hindustan Zinc Ltd on 2 February, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item Nos. 01 to15 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 226/2020
(Earlier O.A.68/2020 (CZ))
Om Puri Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 151/2021
(Earlier O.A.49/2020 (CZ))
Karma Devi Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 152/2021
(Earlier O.A.50/2020 (CZ))
Gopali Devi Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 153/2021
(Earlier O.A.51/2020 (CZ))
1
Sushila Devi Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 154/2021
(Earlier O.A.52/2020 (CZ))
Ladu Ram Mali Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 155/2021
(Earlier O.A.53/2020 (CZ))
Jagdish Puri Goswami Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 156/2021
(Earlier O.A.54/2020 (CZ))
Mohd. Islam Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 157/2021
(Earlier O.A.55/2020 (CZ))
2
Dinesh Kumavat Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 158/2021
(Earlier O.A.56/2020 (CZ))
Suresh Kumar Lohar Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 159/2021
(Earlier O.A.57/2020 (CZ))
Prem Kumar Mali Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 160/2021
(Earlier O.A.58/2020 (CZ))
Kanchan Devi Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 161/2021
(Earlier O.A.59/2020 (CZ))
Satyanarayan Daroga Applicant
Versus
3
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 162/2021
(Earlier O.A.60/2020 (CZ))
Gheesu Bheel Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 163/2021
(Earlier O.A.62/2020 (CZ))
Gheesalal Raigar Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
WITH
Original Application No. 164/2021
(Earlier O.A.69/2020 (CZ))
Shobhag Applicant
Versus
Hindustan Zinc Ltd. & Ors. Respondent(s)
Date of hearing: 02.02.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Dharamveer Sharma, Advocate
4
Respondent: Mr. Krishnan Venugopal, Senior Advocate with Mr. U.N. Tiwary Advocate for
R-1
Dr. Sapna Aggarwal, Advocate for MoEF&CC
Mr. Rohit Sharma, Advocate for RSPCB
ORDER
1. These applications have been filed with a grievance of violation of environmental norms by Hindustan Zinc Ltd., Udaipur, Rajasthan in executing mining lease of Lead, Zinc and associated minerals at villages Agucha, Rampura, etc., Tehsil Hurd, District Bhilwada, Rajasthan covering nearly an area about 1200 hectares of mining land. In the course of such mining, residents of the said villages are adversely affected on account of degradation of environment. There is heavy blasting and underground mining operations resulting in contamination of source of drinking of water, resulting in various diseases like Asthma and skin borne diseases. Live stocks are also affected. Dust and stones get accumulated close to the agricultural land and houses of the inhabitants. Toxic and contaminated waste water is discharged from the mines. The area is 'over exploited' in terms of the ground water, notified as such by the CGWB. There are mammoth holes at many places because of unplanned underground mining.
The applicant has relied upon photographs filed with the application.
2. One of the applications was first taken up for hearing on 18.08.2020.
The Tribunal issued notice and also sought an independent report from a 5 joint Committee comprising Collector, Bhilwada and the State PCB, the State PCB being the nodal agency. Vide order dated 05.02.2021, the Tribunal dealt with I.A. Nos. 94-95 of 2020 filed by the Project Proponent (PP) to recall the direction for seeking a report from an independent Committee. The Tribunal modified the constitution of the Committee directed the Committee to undertake the visit of the affected area and assess the extent of damage to the environment in the last three years.
Copy of the report of the Committee was directed to be furnished to the PP for its response and also comments on such response by the CPCB were required to be filed. All connected matters were directed to be tagged for hearing together.
3. Accordingly, the Committee has filed its report dated 07.09.2021 to which the PP has filed response and CPCB has also filed comments on the said response. According to the report, the Committee visited the site on 12.07.2021 and interacted with the stake holders. The Committee examined the mining processes of the PP and status of compliance in terms of Environmental Condition (EC)/Consent Conditions. The Committee has made observations about the status of water quality, loss to the agriculture and livestock, status of ground water and health of the villagers and made certain recommendations. It would be appropriate to extract relevant parts of the reports with a view to consider the order to be passed:-
6"1. Background of M/s Hindustan Zinc Ltd, Rampura Agucha mine The mine lease no. 8/99 has area of 1200Ha; out of which 1048Ha land is acquired by the unit. The GPS co-ordinates of mine lease pillars are (Pillar - A (25.819494, 74.737589); Pillar - B (25.838942, 74.71675); Pillar-C (25.864086, 74.745408) & Pillar-D (25.844633, 74.766247)). The mine lease is for 50years that expires on 12th March 2030. The first Environmental Clearance of 0.9MTPA for Pb & Zn mining was obtained on 19.4.1983. The development of the Rampura Agucha (RA) mine was started in 1989 and commissioned its operation in 1991 as an open pit mine. The Mine excavates and produces Lead and Zinc ores by mining and Lead and Zinc concentrate by mineral processing operations. The mining and mineral processing operations include blasting, transportation, crushing, grinding, screening and ore beneficiation (flotation, thickening, and pressure filtration). The present capacity as per the Environmental Clearance (EC) dated 11th December 2009 is 6.15 million metric tons per annum (MMTPA) of ore production and 6.5 MMTPA of ore beneficiation plant (Four streams; each of 2.3MTPA, 1.5MTPA, 1.2MTPA & 1.5MTPA capacity) to produce zinc and lead concentrates. Further the EC was amended on 5.3.2012, 22.08.2014, 12.12.2014, 28.12.2015 & 28.02.2020.
The open pit mine progressively ramped up to its capacity, before it ceased operation in March, 2018 after attaining its economic and safe ultimate pit depth of 400m below surface. Beyond 400m depth, underground mining was considered as the best suitable option in sustaining production from this mine.
The Rampura Agucha (RA) Mine underground development activities commenced in year 2010 and production started from Oct-2012 onwards. RA underground mine operated concurrently with the open pit mine between year 2012 and 2018, till the completion of open pit mine life. Thereafter, RA mine completely transitioned into underground operation and presently continued.
During mining and beneficiation of ores, large quantity of overburden (OB) and tailings are generated. The present quantity of OB generated is about 2.0 million metric tonnes per annum (MMTPA) which is presently stacked within the mine lease boundary. The height of OB dump varies from 20 m to 140 m at present. The quantity of Tailing generated is about 5 million metric tonnes per annum (MMTPA). Part of 7 tailing quantity approx. 40-50% from processing plant are converted to paste form along with suitable binder to back fill underground voids generated from production. Remaining part of tailing quantity are transported from beneficiation plants through closed pipelines to a confined area known as "Tailing Dam" which is located near to the ore beneficiation plant. The tailing dam is constructed with the mine over- burden and soil. The tailings in the slurry form are discharged to the tailing dam wherein the solids settled at the bottom of the tailing dam and the supernatant (water) is pumped back to the beneficiation plant for reuse.
2. Factual status of the compliance norms Based on the discussion hold on 12th July 2021 with M/s Hindustan Zinc Ltd Rampura- Agucha mine officials on compliance status followed by field visit; the factual status of the specific conditions is as below:
2.1 Statutory permissions i. The unit has valid Consent to Operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for Beneficiation for Lead Zinc Ore (6.5MMTPA) upto 28.02.2023. Copy enclosed as an Annexure-II.
ii. The unit has valid Consent to Operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for Beneficiation for Lead Zinc Ore (6.5MMTPA) upto 28.02.2023. Copy enclosed as an Annexure-II.
iii. The unit has valid Consent to Operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for Lead & Zinc ore mining (6.15MMTPA) upto 28.02.2023. Copy enclosed as an Annexure-III.
iv. The unit has valid authorization under Hazardous and Other Waste (Management and Transboundary Movement) Rules, 2016 for upto 30.11.2024. Copy enclosed as an Annexure-III.
v. The unit has obtained No Objection Certificate (NOC) for ground water extraction from radial well in Banas river from Central Ground Water Board vide letter dated 8.7.2013. Unit has applied for renewal vide letter dated 8 04.04.2018. Copy enclosed as an Annexure-IV. It is pertinent to mention that, as per the condition no. 11 (vi) of the notification no. S.O. 3289 (E) dated 24.9.2020 of Ministry of Jal Shakti (Central Ground Water Authority), the NOC shall be deemed to be extended till the date of renewal of NOC. The condition no. 11 (vi) states as :
11.0 Renewal of No Objection Certificate vi. If the application for renewal is submitted in time and the CGWA/ the respective State/ Ut Authority is unable to process the application in time, No Objection Certificate shall be deemed to be extended till the date of renewal of No Objection Certificate.
Copy of the notification is enclosed as an Annexure-V. 2.2 Blasting operation Due to depletion of zinc ore reserves in 2018, which was approachable from the surface, the company has shifted its mining operation from surface mining to underground mining to extract further the deep seated ores. The underground blasting is done in a very controlled manner as it is a matter of safety of underground personnel and mine workings. The blast designs, drilling patterns and the quantities of the explosive used are approved by Directorate General of Mines Safety (DGMS) and optimized by CSIR-CIMFR, Dhanbad. Extreme care is to be taken so that its own mining tunnels (i.e., mine workings) do not get damaged due to blast vibrations (i.e., prevention of over-breaking) otherwise it may create unsafe conditions in underground. The blasting operation is carried out under supervision of expert agency. The company uses water resistant 'permitted' explosives like Power gel cartridges for blasting. Electronic micro-second delay detonators are used to further control the blast vibrations and maximizing ore outputs. Large diameter 'relief holes' (102mm) and 'uncharged holes' (45mm ) are kept to reduce further vibrations, during blasting in the mine. This technique minimizes the usage of explosives and increases output of ore per blast.
As per the present Indian standards, as mentioned in DGMS (Tech) (S&T) Circular No. 7 dated 29th August of 1997 (Copy of 9 the circular is enclosed as an Annexure-VI), depending on the type of structures and dominant excitation, the peak particle velocity (PPV) on the ground adjacent to the structure shall not exceed the values is as tabulated below:
Table no. 1 Permissible Peak Particle Velocity (PPV) at the foundation level of structures in Mining Areas in mm/s Dominant Excitation Frequency, Hz Type of Structures < 8 Hz 8 - 25 Hz > 25 Hz (A) Buildings/structures not belong to the owner Domestic houses /structures (Kuchha 5 10 15 brick and cement) Industrial buildings (RCC and framed 10 20 25 structures) Objects of historical importance and 2 5 10 sensitive Structures (B) Building belonging to owner with limited span of life Domestic houses /structures 10 15 25 (Kuchha brick and cement) Industrial buildings (RCC and framed 15 25 50 structures) The present Indian standard is a frequency based criterion. As the frequency of vibration increases the threshold value of damage also increases. Indian Standard also recommends minimum PPV value of 5.0 mm/s for domestic houses which correspond to less than 8 Hz frequency. As the frequency increase above 8 Hz, the limiting PPV value enhances to 10 mm/s and 15 mm/s for frequency range 8- 25 Hz and greater than 25 Hz respectively.
In present case, the safe permissible limit of peak particle velocity (PPV) for domestic houses and industrial building not belonging to mine management is 15 mm/s and 25 mm/s respectively, corresponding to > 25 Hz frequency range as per the present DGMS criterion.
The blast vibration data of underground mine provided for 23.10.2020 to 2.3.2021 is enclosed as an Annexure- VII. The 36 data set of vibration and associated explosive charge analysed and found that dominant frequency of the vibration induced is greater than 50 Hz. The PPV values provided by HZL unit shows that the majority of the PPV value is less than 5.0 mm/s. Therefore, blast induced ground vibration is found to be well within the safe limit for domestics houses as well as 10 industrial building. Following are the other observations on blasting practices.
i. The unit has conducted subsidence study for increasing the depth of underground mine working from 1000mbgl to 1500mbgl in 2020 from Central Institute of Mining & Fuel Research (CIMFR). Subsidence due to blasting operations was not observed.
ii. Blasting operation is carried out with various control measures as per DGMS guidelines to ensure safety.
iii. Explosive charge weight per delay and total explosive charge in a blasting round is followed considering the minimization of blast vibration within stipulated standards for safety of nearby underground structures as well as surface residential/industrial structures.
iv. The vibrations monitored are well within the prescribed limits by DGMS by use of permitted explosives, electronic detonators, relief holes, etc. v. Peak Particle velocity of blast vibration is being monitored for every blast & records are maintained, within DGMS limits.
vi. Wet drilling system is adopted to reduce air borne dust particles.
2.3 Fugitive emission management There are 03 crushers viz. Primary crusher-New (700TPH), Primary crusher-Old (700TPH) & secondary crusher (700TPH). To curtail the fugitive emission at various points following is provided:
i. Adopted wet drilling operations.
ii. Conditioning of ore is carried out during crushing. Mist water spraying system at ore crushing area followed by bag filter & adequate stack height.
iii. The conveyor belt of ore mill plant & beneficiation ore plant are covered. Dust extraction system & water sprinkling 11 nozzles are installed on conveyor belts, transfer points & stockpiles.
iv. Installed Semi-Autonomous-Grinding mills to eliminate dry secondary and tertiary Crushing.
v. Water sprinkling is carried out by 04 nos. of 40KL water sprinkler on Haul roads of mine area.
vi. The use of chemical wetting agents for dust suppression on haul roads.
vii. Cleaning of industrial roads by truck mounted mechanical road sweepers Ambient air quality manual monitoring is carried out at 3 locations inside mine i.e. Mine Site, Mine Gate & Mine tower and 3 locations outside the mine area i.e. Agucha Village, Khotiya village and Bherukhera village twice monthly for SPM, PM10, PM2.5, SOx, NOx & CO. All the monitoring locations are meeting 24 hourly National Ambient Air Quality Standards, 2009. Monitoring reports since 2017 to 2020 is as tabulated below:12
The available limited ambient air quality data for PM10 of last 03 years i.e. 2018 to 2020 compared with air quality data of year 2017 revealed that the Air Quality was stable with no incremental value in last 03 years in and around the surrounding villages i.e. Agucha, Kothiya & Bherukhera. Monitoring reports since 2017 to 2020 are enclosed as an Annexure-VIII.
The monitoring reports of AAQM carried out by Rajasthan State Pollution Control Board during 2018 to 2020 also shows that all the location were meeting the 24 hourly NAAQS, 2009. Reports are enclosed as an Annexure-IX. The results are briefed as below.
S. Sampling Location Date of monitoring PM10 (µg/m3) No. 1. Main Gate of the Unit 06.08.2018 83 25.11.2019 75 28.12.2020 90 2. Mine Pit of the Unit 06.08.2018 75 28.12.2020 72 3. Mine Tower of the Unit 06.08.2018 67 13 25.11.2019 93 28.12.2020 92 4. Agucha Village 25.11.2019 79 5. Bherukhera Village 25.11.2019 91 6. Kothiya Village 25.11.2019 84 Unit has installed 03 Continuous Ambient Air Quality Monitoring System (CAAQMS) of AEROQUAL AQM 65 Make; installed one in upwind and 02 in downwind direction. The Ambient Air Quality Monitoring is carried out for CO, NOx, SO2, PM2.5, PM10 & TSP. The location is as tabulated below:
S. No. Location of CAAQMS GPS coordinates
1 Orica site 25.830029, 74.731033
2 Main Gate 25.839174, 74.727852
3 Near Waste dump (100mtrs from dump) 25.840778, 74.755961
2.4 Water management
i. M/s HZL Rampura-Agucha mine has daily water requirement of
16198KLD. Out of which 8450KLD as fresh water is received from the radial well in Banas River. Central Ground Water Board has issued NOC for 11700KLD ground water extraction from existing Radial Well/Tubewell vide letter dated 8.7.2013. Unit has applied for renewal vide letter dated 4.4.2018.
The water sources against the daily requirement are as below:
S. Source Quantity Water Major usage Water
NO. of water in KLD Quality use
(%)
1 River 8450 Fresh Drinking 55.2%
Water water Plant domestic
consumption
Reagent preparation
Colony
Process make up
2 Tailing 7192 Recycled Milling and Mining 44.4%
dam process
water sprinkling on road
vehicle washing,
14
cooling towers
paste filling
3 Mine 189 Fresh Milling and Mining 1.2%
dewateri water process
ng water sprinkling on road
vehicle washing
cooling towers
paste filling
4 STP 367 Treated Horticulture 2%
treated water
water
ii. To improve the water recovery from beneficiation plant; all the conventional thickeners retrofitted to High Rate Deep Cone Thickeners.
iii. Sewage treatment plant of 425 KLD capacity in colony and 300 KLD in mine area was found operational. The treated effluent is used in horticulture & dust suppression. Oil and grease trap installed for workshop effluent.
iv. There are 02 water bodies near mine lease. River Khari in North and River Mansi in South; which are 4 kms and 1.2 kms far from the buffer zone respectively. The water course was not found obstructed due to the mining operations as there is no mine activity of M/s HZL outside the mine lease area. v. The ground water monitoring in and around the mine lease area is being carried out through 08 piezometer well & 11 wells; four times in a year. The Six-monthly compliance reports of last 03 years (2018-2020) have shown no significant change in the ground water quality. Copy of the Groundwater report is enclosed as an Annexure-X. vi. The piezometer named as ADM, P, K & A are in upstream of tailing dam whereas piezometers viz. E,G, H & I are in downstream of the tailing dam. The piezometers water sampling carried out by Rajasthan State PCB during 2014 to 2020 revealed no significant increment trend for any parameter in consecutive years. The increased values of Hardness, Chloride, Sulphate in one year followed by reduced concentration in next year may be due to the varying sampling schedule. The reports are enclosed as an Annexure- XI. The results are as tabulated below:15
pH Total SO4-2 Cl- F- Fe Pb Cd Zn
Hardness
IS 10500:2012 6.5-8.5 600 400 1000 1.5 0.3 0.01 0.003 15
Piezometer A near 31.10.2014 8.31 650 162.5 880 0.96 ND ND ND ND
Material Gate (near 15.2.2017 8.21 ND 779 292 ND 0.168 0.04 NT 0.193
Bherukhera village
opening) 28.12.2020 7.81 1392 359 260 0.545 0.147 NT NT NT
Piezometer ADM 31.10.2014 7.87 540 475 568 0.56 ND ND ND ND
near Admin Block.
15.2.2017 8.01 ND 1302 408 ND 0.275 0.065 NT 0.141
28.12.2020 7.97 260 376 164 0.62 0.404 NT NT 0.253
Piezometer E- 1 15.2.2017 8.10 ND 1656 536 ND 4.73 0.072 NT 1.04
behind new pump
house 28.12.2020 8.2 916 230 232 0.524 0.210 NT NT 0.025
Piezometer G-1
near Papri Kheda
Village 28.12.2020 7.97 500 290 248 0.481 0.213 NT NT 0.049
downstream of
Tailing Dam)
Piezometer H near 31.10.2014 7.6 528 255 968 0.8 ND ND ND ND
Tailing Dam.(before
IBP) 15.2.2017 7.97 ND 198 160 ND 0.862 0.047 NT 0.275
28.12.2020 8.0 744 314 288 0.549 0.412 NT NT 0.056
Piezometer I-1 31.10.2014 8.48 320 305 944 076 ND ND ND ND
near reclaim
water pump 28.12.2020 8.0 656 338 272 0.478 0.393 NT NT 0.136
house
Piezometer K
CISF Colony 31.10.2014 8.34 290 105 468 1.42 ND ND ND ND
(near mine pit 15.2.2017 8.24 ND 178 136 ND 0.476 0.046 NT 1.19
boundary)
28.12.2020 7.9 464 251 184 0.547 2.36 NT NT 0.24
Piezometer P 31.10.2014 8.1 560 52 664 1.16 ND ND ND ND
near Central
Workshop 15.2.2017 8.02 ND 1269 480 ND 0.630 0.075 NT 0.183
28.12.2020 7.8 572 534 284 0.449 0.44 NT NT 0.089
Tailing Dam
28.12.2020 7.2 2024 1400 1480 0.578 0.297 NT NT 2.94
Water
A study conducted by National Environmental Engineering Research Institute (NEERI) Nagpur in year 2016 as "Assessment of aquifer vulnerability at Rampura-Agucha Mine of Hindustan Zinc Limited" concluded as:
"Comparison of characteristics of tailing dam water/seepage water with that of groundwater quality around the tailing dam of RA mine revealed that there is no co-relation between the characteristics of tailing dam water/seepage water and the groundwater quality around the tailing dam especially in the downstream direction (North, North-East, East). It is therefore concluded that construction and operation of tailing dam at RA mine has not posed any threat to groundwater resources in the area. The high values of TDS, Chlorides, Sulphate and Sodium in groundwater, which was observed both in upstream as well as downstream of tailing dam be attributed to the local geological and hydrogeological setup of the study area.
Although there is seepage of water from the tailing dam for last few years, the contamination of groundwater has not occurred, possibly 16 due to existence of clayed soil and hard, compact and massive rocks beneath the tailing dam area as established through reported geophysical investigations."
The copy of the NEERI, 2016 report is enclosed as an Annexure- XII.
2.5 Overburden management i. The annual Overburden (OB) generation is to the tune of 2.0 million metric tonnes per annum (MMTPA) which is presently stacked within the mine lease boundary. The height of OB dump varies from 20 m to 140 m at present. Vide amended Environmental Clearance letter no. J-11015/267/2008-I-A-II (M) dated 22.08.2014 the maximum height of dump allowed from 100m to 140m (in two lifts of 20m each). Copy of the EC dated 22.08.2014 is enclosed as an Annexure-XIII.
ii. Waste is dumped in earmarked location with 7 lift of 20 m each to maximum height of 140 mtrs. The overall slope is maintained in tune of 270. The waste dump design and slope stability is reviewed by Central Institute of Mining & Fuel Research, Dhanbad (CIMFR).
iii. The stabilization of the OB dump through vegetation is carried out in phase manner. The dumps are covered by geo-textiles sheet. As informed, total Geo-textiles 1,45,000 M2 (14.50 Ha.) laid at waste dump iv. Garland drain is constructed along the waste dump toe and mining pit, along with siltation pond. This provides retention for silt settlement. Rainwater collection sumps of about 8.5 Lakhs M3 capacity are constructed. The collected water is utilized for watering in mine area, roads, green belt development. Retaining wall at the toe of the OB dump is constructed along the garland drain. However, de-siltation of the drain needs to be regularly carried out to avoid any discharge outside the lease boundary. 2.6 Tailing management The tailing dam is in 4.5kms perimeter. The sides of the tailing dam are lined with HDPE. The present height of tailing dam is 54 meter. Height rising by 6m was ongoing. Garland drains are constructed around the tailing pond with pumping arrangement to collect any seepage and rainwater runoff back to tailing pond. The tailings of the beneficiation plant are being disposed through closed pipeline to the earmarked tailing dam after lime treatment. The tailing dam water is reused in the process plant.
2.7 Green belt development i. Safed babool is the most abundant tree species planted in the project area; along with other species viz. Shisham, Pongamia, Bombax Ceiba, Tamarind, Arjun, Amla etc. The green cover was observed less dense (<1500tree/hectare). As per the Env Clearance dated 11.12.2009 condition XVI "The density of the trees should be around 1500 plants per hectare."
ii. As per the study carried out by Terracon Ecotech Pvt Ltd (Sept 2015) there were 91 various tree species recorded.
17iii. The details of the plantation in the lease area is as tabulated below:
RAMPURA AGUCHA MINE (With in lease) S. Plantation Plantation Session of Plantation Area (Ha.) No. Status 1 Till- 2014-15 283,550 243.30 2 2015-16 7,100 4.70 3 2016-17 4,000 4.20 4 2017-18 17,000 17.00 5 2018-19 20,000 20.00 6 2019-20 20,000 20.00 7 2020-2021 20,000 20.00 Plantation total 371,650 329.20 Geo-textile with S.NO. seed spreading and plantation Area Sqm Area Ha.
1 Till -2016-2017 72000 7.2 2 2017-2018 8000 0.8 3 2018-2019 15000 1.5 4 2019-2020 25000 2.5 5 2012-2021 25000 2.5 Geo-textile Total 145000 14.5 Total Green belt (Plantation + Geo-textiles) 343.7 Plantation Out site lease Plantation S. No. Area/Location Area (Ha.) 1 COLONY SITE 37.76 2 ROAD SIDE (FROM COLONY TO MINE) 7.15 3 OTHERS (In Govt Land near Parasrampura) 8.00 Total Area 52.91 2.8 Committee observations The M/s Hindustan Zinc Ltd Rampura-Agucha (RA) mine is majorly complying the stipulated norms under Environmental Clearance granted in year 2009 and EC amendment thereafter. However, committee observed following non-compliances after having field visit and document verifications:
1. The plantation cover reported was found less dense as per the EC, 2009 specific condition no. xvi.
2. De-siltation of the tailing dam garland drain needs to be regularly carried out to avoid any overflow towards North direction of the tailing dam.
3. The crusher area needs to have rubber/transparent curtains to curtail the fugitive emission during unloading of the ore in crusher area.18
4. Water sprinklers needs to be established in more number to curtail the fugitive emission during truck movement on the haul road.
3.0 Visit of the affected area The committee members visited village Araniya Chauhan; where along with applicant Sh Om Puri, villagers of Araniya Chauhan, Agucha, Kothiya and others were present. The issues related to loss to agriculture produce, domestic animals, livestock's & human health, cracks in property and contamination of the groundwater were heard by the committee. The committee visited few fields where damaged wells, pits in land were shown. Water samples were collected by Rajasthan State PCB for analysis.
The issues raised by the villagers were discussed with the concern departments of the district on 13th July 2021. The summary of the details provided by the concern departments is as below:
3.1 Status of the water quality in Hurda block, Bhilwara Public Health Engineering Department, Govt. of Rajasthan carry out periodic sampling from the shallow Tubewell & delivery point. The water analysis report since 2017 of Hurda block of Bhilwara district reflect that the Panchayat of Aguncha, Barantiya, Kotri, Bhojras, Barla & Hurda falls in the 10 kms of the periphery of the M/s HZL Rampura-Agucha mines are having high concentration of Chloride, Nitrate, Total Dissolved Solids, Fluoride, Hardness & Sulphate w.r.to the drinking water standards IS 10500:2012. The high values of these drinking water parameters in groundwater, which was observed in all around the mine villages, be attributed to the local geological and hydrogeological setup of the study area as earlier reported in the report of NEERI. The maximum values observed at Panchayats are as tabulated below:
Name of the Geo-graphical location Observed maximum concentration (in mg/l) since Panchayat 2017 Latitude Longitude Cl - NO3-2 TDS F- Hardness SO4-2 Aguncha 25.824069 74.72732 2320 620 8760 5.6 3350 751 Barantiya 25.79141 74.76407 3000 238 7650 6.9 3700 1710 Kotri 25.88827 74.73792 3950 206 9180 3.5 2650 516 Bhojras 25.772225 74.66049 1490 338 4370 8.4 1250 400 Barla 25.833413 74.69219 3500 208 8270 8.7 2890 1510 Hurda 25.897337 74.68903 1330 378 4920 3.6 2026 614 Drinking water (IS 10500:2012) 1000 45 2000 1.5 600 400 Permissible limit The analysis report submitted by the PHED department is enclosed as an Annexure-XIV.
04 groundwater samples were collected from few locations using the available tube-well or open wells during the visit from Araniya 19 Chauhan village to characterize the groundwater quality. These samples were taken from random depths of confined / unconfined aquifers as monitoring network was not readily available around the plant site. The committee observed significant variation in groundwater table at visited places that shows, there is a strong heterogeneity of groundwater flow regime of the area. The NEERI report is related to groundwater pollution and its sources apportionment is quite old. Thus, it is difficult to conclude that quantity and quality of groundwater resources of the area are not affected by the Industrial activities.
A further groundwater sampling during the pre and post monsoon seasons is needed to be conducted by the industry from appropriate depths and locations in and around the plant premise. It is also suggested to conduct hydrogeological survey of the plant site using a series of geophysical investigations and suitable pumping/recovery testes to map the groundwater flow regime and its seasonal dynamics. Isotopic analysis of surface and groundwater samples of the area is recommended strongly to establish the sound linkages between the possible subsurface pollutants and the Industrial activities of the area.
The water samples collected on 12.7.2021 from 04 locations shown the following water quality:
S. No. Location pH Cl- Hard F- SO4-2 Zn
ness
1. Open well in Agri field of Sh 7.66 1920 876 1.31 633 0.768
Bhawani Shankar Mali, Araniya
Chauhan village
2. Open well in Agri field of Sh Ram 7.64 2200 940 1.35 1087 0.363
Prasad Mali, Araniya Chauhan
village
3. Borewell in Agri field of Sh Bhawani 7.56 2440 868 1.74 678 0.137
Shankar Mali, Araniya Chauhan
village
4. Open well in the land of Sh Ram 7.59 3280 1036 2.14 629 0.111
Chandra Regar, Near highway
IS 10500:2012 6.5-8.5 1000 600 1.5 400 15
Note: All values are in mg/l except pH.
The analysis result reveals that the Chloride, Hardness & Sulphate is in higher concentration at all the 04 locations of the Araniya Chauhan village. The fluoride concentration was also observed higher at 02 locations w.r.to the prescribed IS 10500:2012 standards of 1.5 mg/l.
The analysis report is enclosed as an Annexure-XV 3.2 Status of agriculture production The 04 years (Since 2017) agriculture production details of Gram Panchayat Agucha provided by the office of Assistant Agriculture Officer, Gulabpura-I is as tabulated below:
20S. No. Crop Year-wise production in Quintal/Ha Remark 2017-18 2018-19 2019-20 2020-21 The production of
1. Wheat 40.5 42.5 48.12 50.6 Urad &
2. Barley 28.5 30.3 31.0 31.5 Moong reduced in
3. Gram 9.5 10 15 10.62 year 2019-20
4. Mustard 13.5 14.0 15.0 15.5 & 2020-21 due to Yellow
5. Maize 25.5 26.0 24.5 27.0 Mosaic disease
6. Cotton 23.0 24.0 26.5 25.8 and excess rain.
7. Urad 7.125 7.625 9.5 1.8
8. Moong 6.0 6.7 5.7 5.0 The Agriculture department's water test reports of year 2016 & 2019 of villages viz. Bherukhera, Agucha, Parasrampura, Kalyanpura, Kothiya, Balapura & others revealed that the pH ranges between 7 to 8.7, Sodium Adsorption Ratio ranges between 2.04 to 38.6 and the Electrical Conductivity ranges between 1.9 to 14.9mS/cm that makes the water alkaline & saline.
For such water quality, it is recommended to increase the number of the water irrigation and use of gypsum. The report is enclosed as an Annexure-XVI 3.3 Status on the loss of livestock A report submitted by Dr Satish Malvi, Veterinary Hospital, Hurda, Bhilwara dated 17.7.2021 state that a three member committee was constituted for surveying the records of the Veterinary hospitals established nearby the M/s HZL Rampura Agucha mine for any livestock death reported due to the pollution. The report concludes that there is no entry available in the outdoor records that show ill- effect of pollution on the livestock. The report is enclosed as an Annexure- XVII.
3.4 Status of ground water level around the mine lease area The information provided by the Groundwater department, Bhilwara regarding the groundwater level trend around the periphery of Rampura Agucha mining area from year 2011 to 2020 is as tabulated below:
Year Duration Water level in meter around the peripheral villages of Rampura Agucha mine area Agoocha Agoocha Bhairon Hurda Seja Kothiya (Dug well) (Piezo- Khera (Dug well) (Dug well) GPS well) (Piezo- GPS GPS location GPS well) location location (25.821942, location GPS (25.902631, 25.8717, 74.731394) (25.826836, location 74.68325) 74.767406) 74.729236) (25.816861, 74.764139) 21 2011 Pre-Monsoon DRY 9.15 - 9.95 Covered Post-Monsoon DRY 1.00 - 8.10 Covered 2012 Pre-Monsoon DRY 3.95 - 10.85 12.25 Post-Monsoon DRY 1.10 - 8.30 4.35 2013 Pre-Monsoon DRY 5.95 - 10.20 13.55 Post-Monsoon DRY 2.47 - 7.80 6.20 2014 Pre-Monsoon 11.8 5.90 - 15.60 15.15 Post-Monsoon 11.7 1.45 - 7.60 5.35 2015 Pre-Monsoon 11.7 5.75 - 10.00 14.15 Post-Monsoon 13.5 3.60 - 8.75 13.55 2016 Pre-Monsoon 14.6 14.35 - 10.40 DRY Post-Monsoon 9.00 2.15 - 7.60 3.15 2017 Pre-Monsoon 11 5.65 - 9.2 11.5 Post-Monsoon 12.6 8.65 - 7.20 12.45 2018 Pre-Monsoon 15.00 13.65 - 8.90 12.25 Post-Monsoon 13.00 4.35 2.30 4.20 10.80 2019 Pre-Monsoon 12.80 Filled 4.90 10.00 12.80 Post-Monsoon 1.80 0.35 0.80 4.90 2.40 2020 Pre-Monsoon 9.60 2.85 1.30 6.50 3.05 Post-Monsoon 6.30 2.95 3.20 6.70 1.85 Fluctuation from - 6.30 - 3.45 -
Pre_2011 to Pre_2020 The water level report reveals that the water level of village Agucha & Hurda Seja in year 2020 positively increased by 6.30 mbgl & 3.45 mbgl respectively since 2011 level. The water level information is enclosed as an Annexure- XVIII. On comparing the water level during last 3 years viz. 2018 to 2020; it is observed that water level positively increased in all the 05 locations round the mine area. This indicates towards the high recharge in the area either by more rainfall or by seepage from the large water pond existing in the industrial premise. As per the last 10 years of average rainfall data, highest average rainfall of + 550mm was observed only during the year 2019 since 2011. This shows possibility of groundwater flow from Industrial zone towards the surrounding regions. The average rainfall detail is as below:
22The damage of the water well and formation of the large pits in land may be due to rising sub- surface water level. It is suggested having the hydro-geological survey of the affected area using geophysical investigations and suitable aquifer testes to map the groundwater flow regime of the area.
3.5 Status of the Health in villages around the mine lease area As per the information furnished by Block Chief Health Officer, Gulabpura, Bhilwara vide letter dated 26.8.2021 of the last 05 years (2017-20) Out-Door Patients (OPDs) visits in Gulabpura blocks hospitals i.e. Hurda, Agucha, Ruphailekalan, Kanwliyas, Sareri & Gulabpura, it was observed that only 0.03% OPDs were w.r.t.
Asthma. Also the OPD visits with Asthma from 2018-20, not showing any significant increasing trend w.r.to 2017 OPDs. The copy of the same is enclosed as an Annexure- XX.
The field photographs are enclosed as an Annexure-XXI.
4.0 Monetary value of damage to the environment in the last three years To bring out the damage to the environment done by the Project Proponent (M/s Hindustan Zinc Ltd Rampura Agucha mine) in the last three years i.e. 2018, 2019 & 2020; the committee gone through the Six Monthly Environmental Clearance Compliance reports submitted by the (PP) since 2017 to the Statutory Authorities i.e. MoEF&CC, CPCB & RSPCB. Based on the available information and compliance observed during field visit on 12th July 2021, the committee brought out that less dense plantation may be considered as the major non-compliance during last 03 years w.r.to the Environmental Clearance condition.
4.1 Monetary value against the less dense plantation in last 03 years The details of plantation carried out during last 03 years i.e. 2018-19 to 2020-21 are as tabulated below:
RAMPURA AGUCHA MINE (With in lease) S. Plantation in Plantation Plantation Status Area (Ha.) No. last 3 years
1. 2 20,000 20.00
2. 0 2 20,000 20.00
3. 0 2 20,000 20.00 0 Plantation total 60,000 60 The average per hectare plantation is = 1000 trees/Ha 23 As per the Environmental Clearance dated 11.12.2009 specific condition no. xvi "The density of the trees should be around 1500 plants per hectare."
So, the difference in plantation/hectare = (1500 - 1000) = 500/ha Considering the cost of plantation & post-plantation care = Rs. 300/tree (As per the EIA, 2009 report Chapter 7 Environmental Monitoring Programme of the Mine lease area) Copy enclosed as Annexure-XXII.
Monetary value against the less dense plantation = Area under plantation (2018-19 to 2020-21) x (difference in plantation/Ha) x Cost of plantation = 60 x 500 x 300 = Rs. 90,00,000/- (Ninety Lacs Rupees) 5.0 Recommendation:
As per the factual situation of the compliance status observed by the committee during field visit on 12th July 2021, following is recommended:
1. A monetary value of Rs. 90,00,000/- (Ninety Lacs Rupees) against violating the Environmental Clearance, 2009 specific condition no. xvi for plantation may be imposed on the unit.
2. To increase the plantation as per the EC condition stipulated under condition no. xvi of EC, 2009.
3. Unit need to carry out the hydrogeological survey of the surrounding area to map the current groundwater flow regime and its seasonal dynamics for identifying the cause of pit formation in the surrounding areas.
4. Unit need to carry out isotopic analysis of surface and groundwater samples of the area to establish the sound linkages between the possible sub-surface pollutants and the industrial activities of the area.
5. The unit ensure de-siltation of the tailing dam garland drain regularly to avoid any overflow and seepages towards North direction of the tailing dam
6. To increase the number of water sprinklers to curtail the fugitive emission at crusher area, haul road & others."
4. We have heard learned counsel for the parties and given our consideration to the issue of remedial action against damage caused in the process of mining operations undertaken by the PP.24
5. Learned counsel for the applicants has made pointed reference to the following observations of the report:-
"xxx...............................xxxx............................................xxx iv. The unit has obtained No Objection Certificate (NOC) for ground water extraction from radial well in Banas river from Central Ground Water Board vide letter dated 8.7.2013. Unit has applied for renewal vide letter dated 04.04.2018. Copy enclosed as an Annexure-IV. It is pertinent to mention that, as per the condition no. 11 (vi) of the notification no. S.O. 3289 (E) dated 24.9.2020 of Ministry of Jal Shakti (Central Ground Water Authority), the NOC shall be deemed to be extended till the date of renewal of NOC. The condition no. 11 (vi) states as :
11.0 Renewal of No Objection Certificate v. If the application for renewal is submitted in time and the CGWA/ the respective State/ Ut Authority is unable to process the application in time, No Objection Certificate shall be deemed to be extended till the date of renewal of No Objection Certificate.
xxx.............................................xxxx...........................................xxxx Water management i. M/s HZL Rampura-Agucha mine has daily water requirement of 16198KLD. Out of which 8450KLD as fresh water is received from the radial well in Banas River. Central Ground Water Board has issued NOC for 11700KLD ground water extraction from existing Radial Well/Tubewell vide letter dated 8.7.2013. Unit has applied for renewal vide letter dated 4.4.2018.
xxx............................................xxx.................................xxx 3.0 Visit of the affected area The committee members visited village Araniya Chauhan; where along with applicant Sh Om Puri, villagers of Araniya Chauhan, Agucha, Kothiya and others were present. The issues related to loss to agriculture produce, domestic animals, livestock's & human health, cracks in property and contamination of the groundwater were heard by the committee. The committee visited few fields where damaged wells, pits in land were shown. Water samples were collected by Rajasthan State PCB for analysis.
The issues raised by the villagers were discussed with the concern departments of the district on 13th July 2021. The summary of the details provided by the concern departments is as below:
3.1 Status of the water quality in Hurda block, Bhilwara Public Health Engineering Department, Govt. of Rajasthan carry out periodic sampling from the shallow Tubewell & delivery point. The water analysis report since 2017 of Hurda block of Bhilwara 25 district reflect that the Panchayat of Aguncha, Barantiya, Kotri, Bhojras, Barla & Hurda falls in the 10 kms of the periphery of the M/s HZL Rampura-Agucha mines are having high concentration of Chloride, Nitrate, Total Dissolved Solids, Fluoride, Hardness & Sulphate w.r.to the drinking water standards IS 10500:2012. The high values of these drinking water parameters in groundwater, which was observed in all around the mine villages, be attributed to the local geological and hydrogeological setup of the study area as earlier reported in the report of NEERI. The maximum values observed at Panchayats are as tabulated below:
Name of the Geo-graphical location Observed maximum concentration (in mg/l) since Panchayat 2017 Latitude Longitude Cl - NO3 -2 TDS F- Hardness SO4-2 Aguncha 25.824069 74.72732 2320 620 8760 5.6 3350 751 Barantiya 25.79141 74.76407 3000 238 7650 6.9 3700 1710 Kotri 25.88827 74.73792 3950 206 9180 3.5 2650 516 Bhojras 25.772225 74.66049 1490 338 4370 8.4 1250 400 Barla 25.833413 74.69219 3500 208 8270 8.7 2890 1510 Hurda 25.897337 74.68903 1330 378 4920 3.6 2026 614 Drinking water (IS 10500:2012) 1000 45 2000 1.5 600 400 Permissible limit The analysis report submitted by the PHED department is enclosed as an Annexure-XIV.
04 groundwater samples were collected from few locations using the available tube-well or open wells during the visit from Araniya Chauhan village to characterize the groundwater quality. These samples were taken from random depths of confined / unconfined aquifers as monitoring network was not readily available around the plant site. The committee observed significant variation in groundwater table at visited places that shows, there is a strong heterogeneity of groundwater flow regime of the area. The NEERI report is related to groundwater pollution and its sources apportionment is quite old. Thus, it is difficult to conclude that quantity and quality of groundwater resources of the area are not affected by the Industrial activities.
A further groundwater sampling during the pre and post monsoon seasons is needed to be conducted by the industry from appropriate depths and locations in and around the plant premise. It is also suggested to conduct hydrogeological survey of the plant site using a series of geophysical investigations and suitable pumping/recovery testes to map the groundwater flow regime and its seasonal dynamics. Isotopic analysis of surface and groundwater samples of the area is recommended strongly to establish the sound linkages between the possible subsurface pollutants and the Industrial activities of the area.
The water samples collected on 12.7.2021 from 04 locations shown the following water quality:
26 S. No. Location pH Cl- Hard F- SO4-2 Zn
ness
5. Open well in Agri field of Sh 7.66 1920 876 1.31 633 0.768
Bhawani Shankar Mali, Araniya
Chauhan village
6. Open well in Agri field of Sh Ram 7.64 2200 940 1.35 1087 0.363
Prasad Mali, Araniya Chauhan
village
7. Borewell in Agri field of Sh Bhawani 7.56 2440 868 1.74 678 0.137
Shankar Mali, Araniya Chauhan
village
8. Open well in the land of Sh Ram 7.59 3280 1036 2.14 629 0.111
Chandra Regar, Near highway
IS 10500:2012 6.5-8.5 1000 600 1.5 400 15
Note: All values are in mg/l except pH.
The analysis result reveals that the Chloride, Hardness & Sulphate is in higher concentration at all the 04 locations of the Araniya Chauhan village. The fluoride concentration was also observed higher at 02 locations w.r.to the prescribed IS 10500:2012 standards of 1.5 mg/l.
The analysis report is enclosed as an Annexure-XV 3.2 Status of agriculture production The 04 years (Since 2017) agriculture production details of Gram Panchayat Agucha provided by the office of Assistant Agriculture Officer, Gulabpura-I is as tabulated below:
S. No. Crop Year-wise production in Quintal/Ha Remark 2017-18 2018-19 2019-20 2020-21 The production of
9. Wheat 40.5 42.5 48.12 50.6 Urad &
10. Barley 28.5 30.3 31.0 31.5 Moong reduced in
11. Gram 9.5 10 15 10.62 year 2019-20
12. Mustard 13.5 14.0 15.0 15.5 & 2020-21 due to Yellow
13. Maize 25.5 26.0 24.5 27.0 Mosaic disease
14. Cotton 23.0 24.0 26.5 25.8 and excess rain.
15. Urad 7.125 7.625 9.5 1.8
16. Moong 6.0 6.7 5.7 5.0 The Agriculture department's water test reports of year 2016 & 2019 of villages viz. Bherukhera, Agucha, Parasrampura, Kalyanpura, Kothiya, Balapura & others revealed that the pH ranges between 7 to 8.7, Sodium Adsorption Ratio ranges between 2.04 to 38.6 and the Electrical Conductivity ranges 27 between 1.9 to 14.9mS/cm that makes the water alkaline & saline.
For such water quality, it is recommended to increase the number of the water irrigation and use of gypsum. The report is enclosed as an Annexure-XVI xxx...............................................xxx.................................xxx The average per hectare plantation is = 1000 trees/Ha As per the Environmental Clearance dated 11.12.2009 specific condition no. xvi "The density of the trees should be around 1500 plants per hectare."
So, the difference in plantation/hectare = (1500 - 1000) = 500/ha
6. In the light of above observations, it is submitted by learned Counsel for the applicants that the PP has caused extensive damage and has violated EC conditions and other norms. The Committee has noted some of the violations but has erroneously ignored some of the violations and thus recommendations made do not fully remedy the wrong caused in the process of the PP. There is damage to the wells, pits, loss to agriculture produce, livestock, contamination of ground water and land degradation which has not been fully appreciated on wrong assumption that clear proof of industrial activity being responsible for the damage is required. Once possibility of damage to the quantity and quality of ground water sources due to industrial activities was not ruled out, the PP should have been held accountable on precautionary principle. The water test reports show that water had become alkaline and saline.
Merely recommending increase in water irrigation and use of gypsum is not enough. Soil needs remediation. The assumption that the damage to the water quality may be due to sub-surface water level for local hydro geological set up is uncalled for. It is against the 'Precautionary' principle to the effect that scientific certainty is not a condition precedent for requiring remedial measures. Environmental issues are governed by 28 reverse burden of proof which is on the PP to show that its activities are benign and not capable of harming environment. Thus, remedial action is required and mere further studies are not enough. Ground water extraction has continued even after expiry of permission granted for extraction on 08.07.2013. The unit has applied for renewal but no such renewal has been granted. Thus, the extraction of ground water has been going on illegally. Reference to the notification dated 24.09.2020 for claiming deemed permission for extraction of ground water could not apply to extract ground water extraction prior to the date of Notification and in view of judgment of the Hon'ble Supreme Court in M.C. Mehta v.
UOI & Ors.,1 undertaking assessment of availability of ground water before granting permission/renewal cannot be avoided by concepts of deemed permissions.
7. Learned counsel for the PP submitted that monitory value cost of plantation assessed by the Committee will be deposited by the PP and steps will be taken to increase the plantations as per EC conditions. The PP will also undertake further studies as suggested and ensure de-
siltation of the tailing dam, garland dam and increase water sprinklers to curtail fugitive emissions. No further remedial action is required as the PP is not responsible for damage to the environment or health or fertility of soil or ground water.
8. We have duly considered the rival submissions. We find that the Committee has failed to consider the precautionery principle of environment laid down inter alia in Vellore Citizens (1996) 5 SCC 647 and MV Nayudu, (1999) 2 SCC 718 and on that basis ignored serious violations and damage to water and land. It has not gone into damage to 1 (1997) 11 SCC 312 29 health by simply referring to record of hospital admissions. While the recommendations for plantation, further studies for remedial action in other measures like de-siltation and increase of water sprinklers may certainly be undertaken, in view of damage to the quality of ground water resources adverse impact on soil, the PP has to take necessary restoration measures for improvement of water quality as well as soil.
Violation of plantation condition has continued for a long period. Merely requiring cost of plantation to be depositing without fixing accountability for the past violations may not be adequate. Environmental law violations cannot be taken lightly when the violators are being entities like the present PP and victims are poor villagers. Annual turnover of the PP is said to be about Rs. 22,000/- Crores per annum2 for the last more than three years and revenue receipt for the year 2020-2021 is more than Rs. 20,000/- Crores per annum, though it is stated that there is no separate figure for particular mining unit. The victims of damage are unspecified number of persons spread over in more than six Panchayats in Hurda block namely Bherukhera, Agucha, Parasrampura, Kalyanpura, Kothiya, Balapura & others. Thus, case is made out for requiring the PP to provide for compensation for the past violations and bear the cost of remediation, apart from complying with the recommendations of the Committee.
9. Even if the Committee has not been able to conclude with certainty that the PP is responsible for the damage, it is possible to infer damage to the groundwater due to activities of the PP. The groundwater quality is required to be co-related with the source by comparing with parameters 2 https://www.google.com/search?q=turnover+of+hindustan+zinc+limited&rlz=1C1CHBF_enIN828IN828&sxsrf=APq- WBtzwf_5AM3zndm0jNmCvNUHFd4Shg%3A1643790350753&ei=DkD6YYm1LevN5OUPpo6MsA4&oq=Turnover+of+Hin dustan+Zinc+&gs_lcp=Cgdnd3Mtd2l6EAEYADIGCAAQFhAeOgoIABCxAxCDARBDOgQIABBDOhEILhCABBCxAxCDARD HARDRAzoFCAAQgAQ6BQguEIAEOgsIABCABBCxAxCDAToICAAQgAQQsQM6BAguEEM6CAguEIAEELEDOggIABCxAxC DAToFCAAQkQI6BwguELEDEEM6BwgAELEDEENKBAhBGABKBAhGGABQAFiTU2CmYmgAcAJ4AIABnQKIAbUjkgEGM C4yMi41mAEAoAEBwAEB&sclient=gws-wiz 30 like Zinc and lead. With regard to the air quality, observations do not match the daily or annual average standards taking into account the resuspension of mine dust in the contiguous area. With regard to the blasting operations and continuing underground mining, comprehensive observations on the effect of such operations on the nearby houses have not been properly interpreted except mentioning with the DGMS norms and Peak Particle Velocity (PPV) was considered to be in the acceptable limits. Thus, remedial action is required for which the PP has to bear the cost and pay compensation on principles laid down by the Hon'ble Supreme Court inter-alia in MC Mehta (1987)1 SCC 395, Sterlite, (2013) 4 SCC 575 and Goel Ganga (2018) 18 SCC 257, taking into account financial capacity of the PP and the damage/violations.
9. Having regard to the violations/damage by the PP and overall estimated cost of ecological rehabilitation and restoration and financial capacity of the PP, we require the PP to deposit a sum of Rs. 25 crore with the District Magistrate, Bhilwada within three months to meet the cost of remediation measures. A joint Committee of CPCB, State PCB and District Magistrate, Bhilwada with the assistance of any other experts may prepare a restoration plan for remediating the soil and quality of ground water in the area, apart from undertaking health improvement programme for the inhabitants and the cattle. The action taken may be placed on the website of the District Magistrate, Bhilwada and its execution duly monitored. The remediation works may be got executed by an appropriate agency utilizing the amount deposited by the PP and the PP itself will have liberty to get the such work executed of restoration/rehabilitation on its own or through any other agency, if found proper by the joint Committee in the circumstances. A public awareness group may be setup jointly by the DM and the PP to list out 31 the issues requiring further action. The amount deposited will be utilized for executing the plan within one year, associating all stake holders, including the PP and civil society in a suitable manner, subject to overall supervision of the Committee. State PCB will be the nodal agency. In case the amount deposited is found to be deficient, the Tribunal may consider further directions, depending upon the material available. The joint Committee may have a report of status of compliance as on 31.03.2023 filed before the Registrar General of this Tribunal by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF by 30.04.2023. In case any further direction becomes necessary, the Registrar General will place the matter before the Bench.
Subject to above, all the application stand disposed of.
A copy of this order be forwarded to CPCB, State PCB and District Magistrate, Bhilwada by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM Dr. Afroz Ahmad, EM February 02, 2022 Original Application No. 226/2020 & Connected matters A + DV + AVT 32