National Green Tribunal
Shivpal Bhagat vs Union Of India on 24 June, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 104/2018
(I.A. No. 382/2020, I.A. No. 25/2021 & I.A. No. 97/2021)
(With report dated 17.03.2021 & 16.04.2021)
Shivpal Bhagat & Ors. Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 24.06.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE M. SATHYANARAYANAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Ms. Kanika Agnihotri, Advocate for Applicant no. 1
Mr. Saurabh Sharma, Advocate for Applicants no. 2 to 6
Respondent: Mr. Raj Kumar, Advocate for CPCB
Mr. Ashish Kumar, Advocate for M/s Jindal Steel & Power Ltd.
ORDER
1. The issue for consideration is the remedial action against pollution caused by the Thermal Power Plants and Coal washeries in Tamnar and Gharghoda blocks of Raigarh District in Chhattisgarh, including M/s Jindal Power Limited, M/s Jindal Power and Steel Limited, M/s TRN Energy Private Limited, M/s Mahavir Energy & Coal Benefaction Limited, M/s. Hindalco Industries Limited and M/s. Monet Energy Limited, SECL.
Operation of said units is resulting in contamination of air, water and land and having adverse impact on the environment and the habitants. Water and soil have toxic metals, having potential for health hazard, requiring 1 monitoring of emissions, making the polluters accountable and regulating the polluting activities.
2. The matter has been considered earlier and under direction of this Tribunal, an Expert Committee furnished its report dated 14.10.2019 after visiting the sites and considering earlier reports on the subject. The Committee considered the mitigation measures required to be adopted by the Thermal Power Plants and the Coal washeries. The Committee found that the issue of ground water depletion, soil pollution, forest loss and livelihood loss were required to be addressed for which short term and long terms measures were suggested. The Tribunal directed remedial action for dealing with the deficiencies accordingly. Further direction was to review the existing arrangements and furnishing a further report. The operative part of directions in the order dated 27.02.2020 is as follows:
"3. Accordingly, a report dated 14.10.2019 has been filed by the CPCB on behalf of the Committee on 15.10.2019. The Committee visited various sites and considered the earlier reports, including maps and the data of air quality as well as water pollution. The Committee then considered the mitigation measures prescribed and their current status including installation of Electro-Static Precipitators (ESPs) and Fluidized Gas Desulfurizers (FGDs) in the Thermal Power Plants. The committee also considered ground water depletion, soil pollution, forest loss and livelihood loss and after detailed study of various aspects made following recommendations:
"4. RECOMMENDATIONS:
Based on the above observations, the committee recommends a set of short-term and long-term measures.
4.1 Short-term measures a. Requiring all coal mines in Raigarh district to accept fly ash for disposal through OB dump and back-
filling. (Action by respective Coal mine companies).
b. Given the seriousness of improper fly ash dumping in low lying areas, and the practical difficulty in rigorously monitoring the implementation of the recent SOP in the field, no further disposal of fly ash in low-lying areas by TPP/CPP companies to be permitted and all Gram Panchayats in Raigarh 2 district to be directed to stop issuing NOCs for the same.
c. Requiring that whatever coal is being supplied to JPL and JSPL from Gare Palma IV/2&3 should be transported through the already existing closed conveyor belts and no such coal transport should be allowed via trucks. (Action by SECL).
d. Establishment of monitoring cell by PHED to monitor water quality being used by the residents of villages and provide pretreatment facility and removal of geogenic contaminants and anthropogenic contaminants before its use as drinking water. Specifically. the quality of water treatment in the mine-supported water supply system in village Kondkhel needs to be ensured by PHED as per drinking water norms.
e. Installation of adequate number of CCTV and CAAQM stations in coal mining area. Proper records under CCTV coverage shall be maintained by coal mines to ensure movement of covered trucks loaded with coals and regular and comprehensive operation of sprinklers in coal zone, stockyard and all mine roads. CAAQMS shall be connected to CECB/CPCB server, and also displayed on the mine gates for public information. (Action by respective coal mine companies).
f. Proper repairing and maintenance of roads both inside and outside the mine area to ensure smooth movement of trucks and other load carrying vehicles. (Action by Public Works Department and respective mining companies). Indian Railways to be directed to submit a time-bound action plan for commissioning of the railway line in Tamnar and Gharghoda blocks to ensure all coal transportation by rail.
g. Proper and free health care facilities with multispecialty treatment system may be provided in all coal mine-adjacent villages as per the recommendations of the committee report of 14.6.2019 in the Dukalu Ram (OA 314/2014 CZ) case. (Action by respective coal mine companies).
h. Strict vigilance by MOEFCC for green belt development compliance as per EC conditions.
i. We also recommend that no further conversion of UG mines to Open Cast mines be permitted in Tamnar and Gharghoda, keeping in mind the environmental costs in terms forest loss, major noncompliance in pollution control and social cost (rehabilitation).
34.2 Long-term measures
a) Based on evidence summarised above, the committee is of the opinion that the Tamnar- Gharghoda block region is close to exceeding its environmental carrying capacity. However. the precise extent of current environmental load and the likely impacts of future mining and industrial activities has to be worked out through a detailed and comprehensive environmental load carrying capacity study, to be carried out by a reputed environmental research institute or a consortium of such institutes over a 24-month period.
i) The study must cover dimensions of air pollution (especially PM2.5), water pollution and ground and surface water depletion, soil contamination, forest and biodiversity loss, and social and health impacts.
ii) Moreover, given the geography of the region, the study must assess the carrying capacity separately for two different subregions: the northern Tamnar (coal mining related) block and Gharghoda block. Moreover, since Chhal open cast mine located in southern Dharamjaigarh block is located on the bank of Mand River and therefore in an eco-sensitive zone, a baseline study of this region may also be carried out. The southern Tamnar subregion has already been studied for environmental load carrying capacity by IIT Kharagpur (report submitted to CECB in 2018) and it has already recommended strict regulation of any further industrial development in particular parts of the sub-region through a high-level committee.
iii) Mode of commissioning of this study may please be decided by the Hon'ble NGT, and necessary directions may please be issued accordingly.
b) To reduce the pollution and other impacts caused by road transport of coal and other minerals, directions may be issued that coal transport by road from coal mines or to thermal power plants in these two blocks will be permitted only for 1 year, after which transport must be done by rail or closed conveyor belt only.
c) Condition of greenbelt development may be incorporated at TOR stage of EC application to ensure that greenbelt work shall be in place at the time of final presentation for obtaining EC, which shall be verified by MOEFCC. Further, while granting TOR, EAC should specify the location of the greenbelt to provide buffer 4 between coal mine and human settlements, and specify a sufficient width of the greenbelt for the same.
d) Ministry of Coal be directed to include the necessary provisions to ensure the acceptance of fly ash in coal mines for disposal through OB dump and back-filling as per fly ash notification of 2009."
4. We find that the recommendations are based on relevant studies and need to be implemented by the concerned power plants and mines in the area for protection of environment and the public health and the environmental rule of law.
5. The applicants have, while broadly expressing satisfaction with the report, made certain suggestions. First suggestion of the applicants is that carrying capacity assessment must be expeditiously carried out and till such assessment is done, expansion and new projects should be only after thorough evaluation. Further suggestion is that there should be a mechanism to oversee the remedial measures, including oversight of health mitigation measures suggested by the Committee.
6. We are of the view that since serious deficiencies have been found and there is potential for damage to the environment as observed in the report, the 'Precautionary' and 'Sustainable Development' principles require that any further expansion or new projects in the area should be allowed after thorough evaluation only and mechanism for remedial measures should be in place, including oversight of measures for health mitigation. The Committee already constituted in terms of order of this Tribunal dated 22.07.2019 will act as an Oversight Committee. The nodal agency for the purpose will be the CPCB. Meeting of the Committee may be held atleast once in two months or at such interval as may be decided by the Committee. Mitigation measures for health issues may be overseen by the Principal Secretary, Health, Govt. of Chhattisgarh. For this purpose, the existing arrangements in the local areas may be reviewed and further strengthened to meet the requirements. The Principal Secretary, Health, Govt. of Chhattisgarh will be at liberty to issue appropriate directions to the concerned project proponents also for their initiatives out of CSR funds. The Committee may give a status report on the issue as on 30.06.2020 by 15.07.2020 by e-mail at [email protected]. The Oversight Committee may issue appropriate directions to the project proponents for other remedial measures.
7. The above report may be looked into and acted upon by the Ministry of Coal as well as MoEF&CC for such further action as may be necessary."
3. The matter was last considered on 20.11.2020 in the light of CPCB report dated 17.11.2020 giving the compliance status with reference to 5 directions of this Tribunal in a tabular form and also making further recommendations inter alia on the subjects of providing health facilities for the victims, construction of roads and availability of abandoned coal mines. Accordingly, the Tribunal issued directions to the Health and PWD Departments of Chhattisgarh Government and South Eastern Coal Fields.
The Tribunal also directed consideration of suggestions of the applicants for taking due precautions in the course of dumping in low lying areas.
The discussion and recommendations in the said order are reproduced below for ready reference:-
"3. Accordingly, report has been filed by the CPCB on 17.11.2020 giving the status of compliance of the recommendations in a tabular form as follows:
" S. Orders of the Hon'ble NGT from Compliance Review Status on No. recommendations in the report, 09.11.2020 November 2019 01 Short term measures
a) Requiring all coal mines in Raigarh Three SECL mines are found district to accept fly ash for complying. Letters were issued disposal through OB dump and to SECL Chaal OC, Monnet back-filling. (Action by respective Ispat, HINDALCO Limited and Coal mine companies). M/s Ambuja Cement Ltd. M/s HINDALCO mines informed about no OB dump because of continuous back filling of mined area with OB as per Approved mining plan. M/s Monnet Ispat Mines has been taken over by SECL. No response received from M/s Ambuja Cement Limited. More over CEA vide its letter dated 14.02.2020 has informed about declaration of abandoned mines on recommendation of task force.
The list includes 24 abandoned OC mines of Chhattisgarh to be used for filling of fly ash generated from TPP. Process of allocation no of these mines to TPP of Chhattisgarh is under taken by CECB and is on advance stage. Annexure-II
b) Given the seriousness of improper District Collector of Raigarh fly ash dumping in low lying areas, has issued letter to and the practical difficulty in concerned department for rigorously monitoring the directing all gram implementation of the recent SOP in panchayats for not issuing the field, no further disposal of fly any NOC to use low lying ash in low-lying areas by TPP/CPP area for disposal of Fly Ash.
6companies to be permitted and all During visit of the Gram Panchayats in Raigarh committee, disposal of fly district to be directed to stop ash in low lying area was not issuing NOCs for the same. observed. Annexure-III
c) Requiring that whatever coal is Based on the observation of being supplied to JPL and JSPL CECB, RO, Raigarh, it seems to from Gare Palma IV/2&3 should be be complied. transported through the already existing closed conveyor belts and no such coal transport should be allowed via trucks. (Action by SECL).
d) Establishment of monitoring cell by The representative of PHED PHED to monitor water quality present during visit of the being used by the residents of committee has informed that villages and provide pre - PHED established water testing treatment facility and removal of laboratory at Gharghoda and geogenic contaminants and Raigarh for testing of drinking anthropogenic contaminants before water quality of the area. its use as drinking water. Moreover 12 hand pumps, 02 Specifically, the quality of water Power pumps and 01 tap water treatment in the mine-supported supply have been provided in water supply system in village Kondkel area. (Annexure-IV) The Kondkhel needs to be ensured by residents of the village has PHED as per drinking water norms. informed about frequent lowering of ground water table due to UG mining activity.
Representative of the PHED was
also in concurrence with the
observation of the villagers. In
order to ensure regular and
good water quality to
villagers the committee has
directed M/s Hindalco to
provide tap water in village
and ensure quality of water
in coordination with PHED
Raigarh.
e) Installation of adequate number of - As per field report by CECB,
CCTV and CAAQM stations in coal RO, Raigarh it seems that CCTV
mining area. Proper records under has been installed by M/s
CCTV coverage shall be maintained HINDALCO Industries, SECL
by coal mines to ensure movement Gare Palma IV/2 & 3, SECL
of covered trucks loaded with coals Chhal. SECL Gare Palma IV/1.
and regular and comprehensive At the time of visit M/s Monnet
operation of sprinklers in coal zone, Ispat Mines were not found stockyard and all mine roads. operational. CAAQMS shall be connected to CECB/CPCB server, and also - In case of installation of displayed on the mine gates for CAAQMS all the mines have public information. (Action by informed that as per mandatory respective coal mine companies). conditions of EC and CTO fixed location ambient air Quality monitoring is being conducted by the units and reports are regularly submitted to MoEF&CC and CECB.
f) Proper repairing and maintenance - Letter issued to PS, PWD, of roads both inside and outside S1/03, Mahanadi Bhawan, the mine area to ensure smooth Raipur by this office vide movement of trucks and other load number RDB/ NGTOA-
7carrying vehicles. (Action by Public 104/2018/553 dated Works Department and respective 07.09.2020. EE PWD was mining companies). Indian present before committee to Railways to be directed to submit a appraise the status of PWD time-bound action plan for roads in the area. Committee commissioning of the railway line has observed very bad road in Tamnar and Gharghoda blocks condition in Tamnar and to ensure all coal transportation by Gharghoda area which rail. seems to be one of the major factors for deterioration of ambient air quality. EE PWD Sh. Khamra has informed the committee about requirement of immediate construction of approximate 111 Km CC road (Raigarh to Dharmajay Garh about 76 Km and Punjipatra to Milupara about 35 Km) but due to budget constraint the work is pending since last several years. More over SECL has paid an amount of 42 Crore to Raigarh PWD for construction of 19 kms, 7m wide tar road from Gharghoda to Jampali in compliance of Hon'ble NGT order.
- IRCON International Limited, in reference to our letter dated 07.09.2020 has informed that 44 Km Railway line work from Kharsia-
GharghodaKorichhapar has
been completed and started
transportation of coal. Work for
14 km rail line from
Gharghodabhalumuda- Gare
Palma will be completed by June
2021. Rail line work from
Karichhapar - Kurumkela-
Dharamjaygarh will be
completed by December 2020.
IRCON has to construct 05
numbers of coal siding in
Tamnar and Gharghoda area for
increasing rail coal
transportation. As on date of
committee visit IRCON has
completed 03 coal siding and
made 01 siding operational, 02
more siding will be made
operational by December 2020.
As informed by the
representative of Indian
Railway rest 02 sidings shall be
completed by March 2021.
(Annexure-V) Compliance in
Progress
8
g) Proper and free health care Mitigation measure for
facilities with multispecialty health issues is to be
treatment system may be provided overseen by the Principal
in all coal mineadjacent villages as Secretary, health, Govt. of per the recommendations of the Chhattisgarh. For this committee report of 14.6.2019 in purpose, the existing the Dukalu Ram (OA 314/2014 CZ) arrangements in the local case. (Action by respective coal areas may be reviewed and mine companies). further strengthened to meet the requirements. The Principal Secretary Health, Govt.
of Chhattisgarh is at liberty to
issue appropriate directions to
the concerned project
proponents also for their
initiatives out of CSR funds.
h) Strict vigilance by MOEF&CC for MoEF&CC has started close
green belt development compliance monitoring for green belt
as per EC conditions development in all coal mines.
Compliance in progress.
i) We also recommend that no further Letter has been issued to
conversion of UG mines to Open MoEF&CC (IA-Coal) for
Cast mines be permitted in Tamnar implementation of restriction on
and Gharghoda, keeping in mind conversion of UG coal mines to
the environmental costs in terms OC coal mines in Tamnar and
forest loss, major noncompliance in Garghoda area of District
pollution control and social Raigarh.
cost(rehabilitation).
02 LONG TERM MEASURES
a) Commissioning a detailed and The matter was discussed with
comprehensive environmental load CPCB HO and got advised to
carrying capacity study (as include the project in State EC
mentioned in NGT order), to be fund as defined by Hon'ble NGT.
carried out by a reputed In order of this proposal for the
environmental research institute same has been prepared by
over a 24 month period. CECB and submitted to CPCB
Mode of commissioning of this for compilation of all project and
study may please be decided by submission before Hon'ble NGT.
the Hon'ble NGT and necessary Annexure-VI Compliance in
directions may please be issued progress.
accordingly
b) To reduce the pollution and other As per report obtained from
impacts caused by road transport SECL it is evident 35% increase
of coal and other minerals in daily average dispatch by rail
directions may be issued that coal in comparison to the FY-2019-20
transport by road from coal mines after construction of new rail line
or to thermal power plants in these between Kharsia-Gharghoda-
two blocks will be permitted only Korichhapar. Coal dispatch from
for 1 year, after which transport Korichhapar railway siding
must be done by rail of closed commenced in the FY2019-20. It conveyor belt. is assumed that coal transport by rail may increase by 50% in addition to earlier transport in rail by December 2020.
c) Condition of green belt Copy of Hon'ble NGT order
development may be incorporated dated 27.02.2020 has been sent
at TOR stage of EC application to to IA-Coal on 18.09.2020 for
ensure that green belt work shall further necessary action by
be in place at the time of final MoEF&CC.
presentation for obtaining EC,
9
which shall be verified by
MoEF&CC. Further while granting
TOR, EAC should specify the
location of the green belt to provide
buffer between coal mine and
human settlements and specify
sufficient width of the green belt for
the same.
d) Ministry of coal be directed to Pursuant upon long
include the necessary provisions to deliberations by CPCB, Central
ensure the acceptance of fly ash in Electricity Authority, NTPC and
coal mines for disposal through OB Ministry of Coal through Task
dump and backfilling as per fly ash Force, list of 24 abandoned OC
notification of 2009. mines of Chhattisgarh has been submitted to be used for filling of fly ash generated from TPP.
Process of allocation of these mines to TPP of Chhattisgarh is under taken by CECB and is on advance stage. "
4. The Committee has also made field observations and recommendations as follows:
"FIELD OBSERVATIONS:
1. Pursuant upon long deliberations by CPCB, Central Electricity Authority, NTPC and Ministry of Coal through Task Force, list of 24 abandoned OC mines of Chhattisgarh has been submitted to be used for filling of fly ash generated from TPP. Member Secretary CECB has informed about considering mine wise allocation of abandoned coal mines as declared by CEA vide its letter dated 14.02.2020. The co-operation of SECL is not satisfactory as many applications of TPP of Tamnar & Gharghoda area are lying unattended by SECL.
2. District collector, Raigarh has issued letter to concern departments for directing all gram panchayats for not issuing any NOC to use low lying area for disposal of Fly ash. During visit committee has observed restriction on fly ash disposal in low lying areas particularly in agricultural fields of the villages.
3. In compliance of letter issued by Nodal Officer of the committee on 07.09.2020 to PS, PHED, Raipur, it was informed that PHED has established water testing laboratory at Gharghoda and Raigarh for testing of drinking water quality of the area. PHED, Raigarh has also established 06 control rooms and circulated the contact numbers of the concern officers to manage any crisis of drinking water availability in Raigarh District. In order to provide proper treatment for removal of any geogenic contaminants PHED Raigarh has also provided 05 Electrolytic DE fluoridation (EDF) plants in 03 villages (Pata, Mudagaon, Saraitola) of Tamnar Block. Moreover 12 hand pumps, 02 Power pumps and 01 tap water supply have been provided in Kondkel area. In addition to above PHED, Raigarh has also 10 proposed drinking water supply scheme (Rs. 1270.41 Lakh project cost) for 10 mining effected villages of Tamnar Block.
The details submitted by PHED, Raigarh was verified in Kondkel Village and found insufficient with respect to population of the village. The representative of PHED present during visit of the committee has informed that PHED has established 04 hand pumps, 04 Power pumps and 01 tap water supply have been provided in Kondkel area. The residents of the village has informed about frequent lowering of ground water table due to UG mining activity. Representative of the PHED was also in concurrence with the observation of the villagers. In order to ensure regular and good water quality to villagers the committee has directed M/s Hindalco to provide tap water supply from mine in village and ensure quality of water in coordination with PHED Raigarh. M/s Hindalco Coal Mine shall also submit report on quantity of mine water generation from UG mines to make an assessment for water supply required from PHED.
4. Installation of CCTV system in mines of the area was reported complied by all mines whereas its proper operation and recording is to be ensured by SECL in its all mines located in Chhal and Gare Palma.
5. EE PWD was present before committee to appraise the status of PWD roads in the area. Committee has observed very bad road condition in Tamnar and Gharghoda area which seems to be one of the major factors for deterioration of ambient air quality. EE PWD Sh. Khamra has informed the committee about requirement of immediate construction of approximate 111 Km CC road (Raigarh to Dharmajay Garh about 76 Km and Punjipatra to Milupara about 35 Km) but due to budget constraint the work is pending since last several years. An amount of Rs. 335 Crore may be required to complete the construction of CC road in the area of Tamnar and Gharghoda. More over SECL has paid an amount of 42 Crore to Raigarh PWD for construction of 19 kms, 7m wide tar road from Gharghoda to Jampali in compliance of Hon'ble NGT order.
IRCON International Limited, in reference to our letter dated 07.09.2020 has informed that 44 Km Railway line work from Kharsia - Gharghoda - Korichhapar has been completed and started transportation of coal. Work for 14 km rail line from Gharghoda - Bhalumuda - Gare Palma will be completed by June 2021. Rail line work from Karichhapar - Kurumkela - Dharamjaygarh will be completed by December 2020. IRCON International Limited, in reference to our letter dated 07.09.2020 has informed that 44 Km Railway line work from Kharsia - Gharghoda - Korichhapar has been completed and started transportation of coal. Work for 14 km rail line from Gharghoda - Bhalumuda - Gare Palma will be completed by June 2021. Rail line work from Karichhapar - Kurumkela - Dharamjaygarh will be completed by December 2020. IRCON has to construct 05 numbers of coal siding in Tamnar and Gharghoda area for increasing rail coal transportation. As on date of committee visit IRCON has completed 03 coal siding and 11 made 01 siding operational, 02 more siding will be made operational by December 2020. As informed by the representative of Indian Railway rest 02 sidings shall be completed by March 2021. As per data received from major mining company of the area i.e. SECL, it is reported that 35% coal transport increase has been observed in comparison to last financial year 2019-2020. (AnnexureVII) It is assumed that coal transport by rail may increase by 50% in addition to earlier transport in rail by December 2020.
6. In reference to instruction on point 2 (a) (ii) regarding carrying capacity study, CPCB has advised CECB to include the project cost in EC fund sponsored project and proposal for same has been prepared by CECB and submitted to CPCB for further essential action.
7. The committee has also discussed the issues in meeting with Collector, Raigarh to expedite the required development as directed by Hon'ble NGT in its order. The outcome of the meeting has been considered in the recommendations.
In view of the above field observations, the recommendations of oversight committee are as under.
RECOMMENDATIONS :
1. In order to ensure development of health facilities in the villages of mining affected areas, Principal Secretary, Health Chhattisgarh Government may be advised to keep informing the oversight committee about development made in health facilities.
2. Hon'ble NGT may like to direct Principal Secretary, PWD, Chhattisgarh Government to sanction budget of Rs. 335 crore (@Rs 3.00 crore per km) for construction of CC road approximately 111 km length of 7m width (Raigarh to Dharmajay Garh about 76 Km and Punjipatra to Milupara about 35 Km) and ensure its execution before March 2021. In this context time bound action plan with bank guarantee of Rs. 35 Crore may be obtained from PWD, Chhattisgarh to ensure timely execution of the work.
3. Directions from Hon'ble NGT may also be issued to CMD, SECL, Bilaspur to expedite allotment of abandoned coal mines in consultation with CECB and complete it before 31st December 2020."
5. From the above, it does appear that action so far taken is not adequate and further steps need to be taken in the light of the recommendations made. The Principal Secretary, Health and the PWD Department, Chhattisgarh Government and the South Eastern Coalfields Limited (SECL) may act as per recommendations of the Committee. Coal transportation by rail be increased for abatement of air and dust pollution.12
6. Further, the applicant has given suggestions by way of written submission filed on 18.11.2020, inter-alia to the effect that contaminated sites be seen, fly ash dumping in low-lying areas be ensured and such dumping should not be in unscientific manner. The legacy fly ash dumps be remediated. Air and land pollution due to fire in the coal mines be remedied. Coal transportation by trucks must be done on scientific basis and transportation by conveyor belts be preferred. Road maintenance be improved. Continuous Ambient Air Quality Monitoring Station (CAAQMS) be installed. Steps be taken for recharge of the ground water. Water supply to the concerned villages be provided by pipes. The submission of the applicant are:
" ... ...
...
5. That at the outset it is stated that the Committee did not meet with Applicants during their recent visit which was important as the Applicants would have shown the contaminated sites to the committee which are grossly missing in the present Report dated 17h November,2020.
The Committee has only seen the sites which the CECB has shown to it. It is submitted that the Committee should plan an immediate visit after informing the Applicants so that the Applicants can help the Committee to identify the contaminated sites and resolve the environmentally problematic issues as mentioned in the Order dated27.02.2O2O of this Hon'ble Tribunal.
6. That Overall the report does not provide any evidence (in the form of photos, lists of sites visits, descriptions, who did they meet etc) to back up its conclusions. For example in places where the committee has come up with conclusion that fly ash dumping in low lying areas have been restricted. It is stated that no proof has been given for the same. There are no photographs that have been attached or list provided of which sites they have visited and what information they have noted by the Committee. Also the local community members have provided a list of sites and photo documentation of how new fly ash dumping sites have been created in various parts of the region in violation of the Hon'ble NGT's Order/s however till date no action has been taken in any of these cases. The Applicants are annexing the recent photographs showing that the fly ash dumping is still taking place and nothing has been done with respect to removal of legacy fly ash dumps. The non-clean up of legacy fly ash dumps would lead to leachate when it comes in contact with water and would further lead to water and soil pollution.
Photographs alongwith GPS location and date are annexed herewith showing the Fly ash dumps which are annexed herewith as ANNEXURE-B (Collectively).
7. That it is also important to point out that the Coal mines of Gare IV/2 and Gare IV/3 is also witnessing air and land pollution due to fire in Coal mines of Gare lV 12 and 13 Gare IV/3. Had the Committee contacted the local community members they would have shown the sites which are witnessing fire in Coal Mines. Recent Photographs showing the fire in Coal mines of Gare IV/2 and Gare IV/3 are annexed herewith as ANN EXURE-C (Collectively).
8. That on the issue of coal transportation by trucks, the committee has given a vague response of "seems to be complied" which does not make any sense, either the condition is complied or not to be complied. However the committee has once again not provided any details of the transportation of coal via conveyor belts such as trip sheets or how much quantum of coal has been transported by a conveyor belt to provide proof that the condition is being complied with. Mere vague statement of the committee in this regard cannot be accepted as proof.
9. That the direction about CAAQMS has NOT BEEN COMPLIED WITH. What is even more shocking that, the committee which has been appointed to oversee the implementation of the direction is justifying the non- compliance by advancing the industry's faulty logic in this regard, It is stated that EC and CTO condition is to provide regular monitoring data which is not the same as a24X7 and 365 day monitoring through OAAQMS.
l0. That the committee itself observes bad road in the region hence it is clear that road maintenance direction has NOT been complied with.
11. That Directions regarding the mitigation measures of health issues in the region HAVE NOT been complied with. The Principal Secretary-Health, GoW. of Chhattisgarh has not been implementing any health related measures and local community health is in a very precarious situation which fact is observed in a recent Health Assessment RepoG 2019-2020 titled "HEALTH ASSESSMENT OF VILLAGERS OF TAMNAR BLOCK, DISTRICT RAIGARH (C.G.)" submitted to Indian Council of Medical Research, New Delhi, Year 2019-2020. Copy of relevant pages of this study is annexed herewith as ANNEXURE-D.
12. That on the issue of green belt development, the committee has pushed the responsibility on MoEF&CC. It is not clear in describing the actual status on the ground. there is no actual evidence provided by the committee to support their "compliance in progress" remark. The committee's vague remark without any submission of documents of the mine wise status of greenbelt development is nothing but mere bald assertions without any proof.
1413. That regarding the water testing laboratories at Gharghoda and Raigarh for testing of drinking water quality there is no evidence on record that the same are in fit working condition. Similarly, on the issue of water testing, the Applicants state that in Saraitola area the water contains high fluoride content and there is no evidence on record to show that Electrolytic DE fluoridation(EDF) Plants in 3 villages (Pata, Mudgaon, Saraitola are in fit working condition). The Committee has failed to provide any testing results from the area as to what was found in the drinking water and whether the same was in usable condition by the local villagers. There is no evidence or proof filed by committee regarding the sites where the drinking water is potable and where the same is not potable and need further treatment for the villagers to be used. There should be a timeline provided by the Committee to test the water quality in the Tamnar and Gharghoda blocks and a study regarding the sites of potable water needs to be done in coordination with PHED and the local villagers.
14. That the Committee has agreed that there is a problem of frequent lowering of ground water table due to mining activity at page 7 of the Report.
15. Inspite of acknowledging the problem of frequent lowering of ground water table due to mining there are no plans or action taken proposed for replenishing the fast depleting water table or curbing the future mining activity.
16. It also states that M/s Hindalco has been told to provide Tap water supply from the mine in the village and ensure quality of water in co-ordination with PHED Raigarh. It is stated that the same should be done for Neelupara and adjoining area where there are very few drinking water facilities. The Report is silent on new sites where drinking water facility has been provided.
17. That in the long term compliance section the details provided in Annexure VI for the carrying capacity study is grossly insufficient. The proposal of CECB is to just conduct a source apportionment study. A source apportionment study cannot be considered as a carrying capacity study. Source Apportionment (SA) is the practice of deriving information about pollution sources and the amount they contribute to ambient air pollution levels. The concept of carrying capacity describes the relationship between resources, environment and human activities to ensure sustainability. Carrying capacity is also defined as "the growth limits an area can accommodate without violating environmental capacity goals". The carrying capacity study will assess the maximum number of individuals/ industrial activities that an area's resources can sustain indefinitely without significantly depleting or degrading those resources or 15 causing environmental or public health depletion. It is re- iterated that a proper detailed proposal on carrying capacity study has to be done and shared with the community before progressing with the compliance."
The above suggestions may be duly considered by the concerned authorities and the Committee which may be coordinated by the CPCB. We also direct the Collector, Raigarh will stand inducted as Member of the Committee. The applicant has also filed IA No. 382/2020 for a direction that expansion of the project be allowed only after carrying capacity assessment is done. This aspect may be gone into by the Expert Appraisal Committee (EAC).
7. A further status report may be furnished after four months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF."
4. In pursuance of above, a further report has been filed by CPCB on 16.04.2021. The Committee held meetings during 15th-17th March, 2021 and also conducted field visit. The status of compliance as on 15.03.2021 has been given in a tabular form. Field observations and recommendations have also been mentioned. Relevant extracts from the report are reproduced below:-
"In compliance of Hon'ble NGT order dated 20.11.2020 (Annexure-I), the 3rd virtual meeting of over sight committee was conducted on 27.11.2020. Copy of the minutes of this meeting is placed at Annexure- II.
As decided in the meeting, 3 rd field visit of Gharghoda and Tamnar area in Raigarh was conducted during 15-17th March 2021 to address the suggestions given by the applicant by way of written submission filed on 18.11.2020 and to assess progress on the ground in terms of compliance with short term recommendations. The Oversight committee has conducted meeting with applicant on 15.03.2021 in the meeting hall of Collector Raigarh. Sh. Bhim Singh, IAS, Collector Raigarh was also with other members of the Oversight Committee. As decided in the meeting on 27.1.2020 Sh. Shivpal Bhagat, (Applicant) was informed about schedule of the meeting through e-mail on 12.03.2021 and through phone on 15.03.2021. Copy of the mail is placed at Annexure-III. Three applicants out of six have attended the meeting viz Sh. Sriram Gupta S/O Mansha Ram Gupta (Applicant 4), Ms. Rinchin D/O Bina (Applicant 5) and Janki Sidar W/o Bharat Sidar (Applicant 6).16
All three applicants were then invited to join the Oversight Committee in its field visit on 15th and 16th March 2021. Contaminated sites and fly ash disposal sites shown by the applicant were listed and course of action decided / recommended by the committee has also been recorded in field visit report. Copy of the field visit report is placed at Annexure-IV.
The compliance status of short term and long term measures are presented as under-
S. ORDERS OF THE HON'BLE NGT COMPLIANCE REVIEW STATUS AS No FROM RECOMMENDATIONS IN ON 15.03.2021 THE REPORT, NOVEMBER 2019 01 Short term measures Requiring all coal mines in Raigarh Two SECL mines (IV/2,3) and one JPL district to accept fly ash for disposal mine (IV/1) are accepting fly ash. through OB dump and back-filling. Letters were issued to SECL Chaal (Action by respective Coal mine OC, Monnet Ispat, HINDALCO Limited companies). and M/s Ambuja Cement Ltd. M/s HINDALCO mines informed about no OB dump because of continuous back filling of mined area with OB as per Approved mining plan. M/s Monnet Ispat Mines has been taken over by SECL. No response received from M/s Ambuja Cement Limited. MoEF &CC vide its notification dated 28th August 2019 has modified the conditions stipulated in the EC of TPP and coal mines in line with the fly ash notification and subsequent amendment. It has been mentioned in point no 7 that ministry has stipulated the conditions which prohibited the use of fly ash in abandoned mines/low lying area/ soil conditioner in agriculture following the guide lines prepared by CPCB.
Accordingly CECB shall amend the consent conditions of all TPP and Coal Mine.
More over CEA vide its letter dated 14.02.2020 has informed about 17 declaration of abandoned mines on recommendation of task force. The list includes 24 abandoned OC mines of Chhattisgarh to be used for filling of fly ash generated from TPP. The committee has suggested to Chairman, Chhattisgarh Environment Conservation Board for constitution of State Level Committee to decide the mode and quantity of fly ash to be disposed in working/ abandoned mines/quarries in the State. The same committee may also look after the fly ash disposal issues in Raigarh also on priority. Copy of the letter issued to Chairman, CECB, Raipur, is placed at Annexure-V. Action from CECB is awaited.
b) Given the seriousness of improper District Collector of Raigarh has fly ash dumping in low lying areas, issued letter to concerned department and the practical difficulty in for directing all gram panchayats for rigorously monitoring the not issuing any NOC to use low lying implementation of the recent SOP in area for disposal of Fly Ash. During the field, no further disposal of fly visit of the committee, disposal of fly ash in low-lying areas by TPP/CPP ash in low lying area was observed companies to be permitted and all but seems to be disposed before issue Gram Panchayats in Raigarh district of the order by the collector.
to be directed to stop issuing NOCs for the same.
As per preconditions of SOP Power plant/ land owner/agency shall obtain statutory permission from regulatory authorities such as SPCB as per requirement.
CECB is to submit list of the locations of low lying areas being used or earlier used for unscientific disposal of fly ash for which permission has been granted by local administration after getting NOC from CECB.
c) Requiring that whatever coal is It was informed by Regional officer being supplied to JPL and JSPL from CECB, Raigarh that Jindal Power Gare Palma IV/2&3 should be limited (JPL) has received 44,25,66 transported through the already existing closed conveyor belts and 18 no such coal transport should be MT coal in 2019-20 and 40,24,274 MT allowed via trucks. (Action by SECL). coal in 2020-21 through conveyor belt.
d) Establishment of monitoring cell by PHED Raigarh has informed that PHED to monitor water quality being water testing laboratories are used by the residents of villages and functional at Gharghoda and Raigarh provide pre - treatment facility and for testing of drinking water quality of removal of geogenic contaminants the area. Moreover 12 hand pumps, and anthropogenic contaminants 02 Power pumps and 01 tap water before its use as drinking water. supply have been provided in Kondkel Specifically, the quality of water area. The residents of the village treatment in the mine-supported has informed about frequent water supply system in village lowering of ground water table Kondkhel needs to be ensured by due to UG mining activity. PHED as per drinking water norms. Representative of the PHED was also in concurrence with the observation of the villagers. In order to ensure regular and good water quality to villagers the committee has directed M/s Hindalco to provide tap water in village and ensure quality of water in coordination with PHED Raigarh. M/s Hindalco has submitted detail of mine quantity generation and its mode of treatment to committee. PHED is to submit the quantity of water required for kondkhel village. The committee has also suggested to obtain details from Central Ground Water Authority about water recharge points provided by the coal mines at the time of obtaining NOC.
e) Installation of adequate number of As per field report by CECB, RO, CCTV and CAAQM stations in coal Raigarh it seems that CCTV has been mining area. Proper records under installed by M/s HINDALCO CCTV coverage shall be maintained Industries, SECL Gare Palma IV/2 & by coal mines to ensure movement of 3, SECL Chhal. SECL Gare Palma covered trucks loaded with coals IV/1. At the time of visit M/s Monnet and regular and comprehensive Ispat Mines were not found operation of sprinklers in coal zone, operational. stockyard and all mine roads.
CAAQMS shall be connected to CECB/CPCB server, and also In case of installation of CAAQMS displayed on the mine gates for committee has instructed Member public information. (Action by Secretary, Chhattisgarh Environment respective coal mine companies). Conservation Board to issue directions to all coal mines for 19 installation of CAAQMS and its connectivity with CPCB/CECB server. Copy of the letter is placed at Annexure-VI. Status of the same is awaited from MS, CECB, Raipur
f) Proper repairing and maintenance of EE PWD, Raigarh Sh R K Kharma has roads both inside and outside the informed the committee about mine area to ensure smooth requirement of immediate construction movement of trucks and other load of approximate 111 Km CC road carrying vehicles. (Action by Public (Raigarh to Dharmajay Garh about 76 Works Department and respective Km and Punjipatra to Milupara about mining companies). Indian Railways 35 Km) but due to budget to be directed to submit a time-bound constraint the work is pending action plan for commissioning of the since last several years. railway line in Tamnar and Letter issued to PS, PWD, S-1/03, Gharghoda blocks to ensure all coal Mahanadi Bhawan, Raipur by this transportation by rail.
office vide number RDB/ NGTOA104/2018/553 dated 07.09.2020 and 6.01.2021 to sanction Rs. 335 crore for construction of 111 km CC road.
No response has been received from PS, PWD, Chhattisgarh Government.
IRCON International Limited, in reference to our letter dated 07.09.2020 has informed that 44 Km Railway line work from KharsiaGharghoda- Korichhapar has been completed and started transportation of coal. Work for 14 km rail line from Gharghoda- bhalumuda-
Gare Palma will be completed by June 2021. IRCON has to construct 05 numbers of coal siding in Tamnar and Gharghoda area for increasing rail coal transportation.
Compliance in Progress.
g) Proper and free health care facilities Mitigation measure for health issues is with multispecialty treatment to be overseen by the Principal system may be provided in all coal Secretary, health, Govt. of mineadjacent villages as per the Chhattisgarh. For this purpose, the recommendations of the committee existing arrangements in the local report of 14.6.2019 in the Dukalu areas may be reviewed and further strengthened to meet the 20 Ram (OA 314/2014 CZ) case. (Action requirements. The Principal Secretary by respective coal mine companies). Health, Govt. of Chhattisgarh is at liberty to issue appropriate directions to the concerned project proponents also for their initiatives out of CSR funds. Collector Raigarh has assured to arrange the required medical facility in the area by way arranging health screening camps in all villages within next few months.
h) Strict vigilance by MOEF&CC for MoEF&CC has issued letters to all green belt development compliance coal mines for submitting updated as per EC conditions status of green belt developed.
Responses received are being
compiled and submitted in next
meeting of the committee.
i) We also recommend that no further Letter was issued in September 2020
conversion of UG mines to Open Cast to MoEF&CC (IA-Coal) for
mines be permitted in Tamnar and implementation of restriction on
Gharghoda, keeping in mind the conversion of UG coal mines to OC coal
environmental costs in terms forest mines in Tamnar and Garghoda area
loss, major noncompliance in of District Raigarh. MoEF&CC
pollution control and social representative in the committee has
cost(rehabilitation). now sent follow-up e-mails to IA
division reiterating these
recommendations.
02 LONG TERM MEASURES
a) Commissioning a detailed and CECB vide its letter dated 31.03.2021
comprehensive environmental load has invited proposal from NEERI,
carrying capacity study (as Nagpur for conducting Carrying
mentioned in NGT order), to be capacity study in Tamnar &
carried out by a reputed Gharghoda Blocks of District Raigarh.
environmental research institute The Technical and Commercial
over a 24 month period. proposal is to be provided by NEERI,
Nagpur within 15 days. (Annexure-
Mode of commissioning of this study VII)
may please be decided by the
Hon'ble NGT and necessary
directions may please be issued
accordingly
b) To reduce the pollution and other As per report obtained from SECL it is
impacts caused by road transport of evident 35% increase in daily average
coal and other minerals directions dispatch by rail in comparison to the
may be issued that coal transport by FY-2019-20 after construction of new 21 road from coal mines or to thermal rail line between Kharsia-Gharghoda- power plants in these two blocks will Korichhapar. Coal dispatch from be permitted only for 1 year, after Korichhapar railway siding which transport must be done by rail commenced in the FY2019-20. of closed conveyor belt.
SECL and IRCON shall submit detail about total transportation of coal through Rail in FY-2020- 21.
c) Condition of green belt development Copy of Hon'ble NGT order dated may be incorporated at TOR stage of 27.02.2020 has been sent to IA-Coal EC application to ensure that green on 18.09.2020 for further necessary belt work shall be in place at the time action by MoEF&CC. of final presentation for obtaining EC, which shall be verified by MoEF&CC. Further while granting Continued non-compliance of green TOR, EAC should specify the belt conditions from EAC of coal is location of the green belt to provide observed. Strict monitoring and follow buffer between coal mine and up action by MoEFF&CC is required. human settlements and specify sufficient width of the green belt for the same.
d) Ministry of coal be directed to include Pursuant upon long deliberations by the necessary provisions to ensure CPCB, Central Electricity Authority, the acceptance of fly ash in coal NTPC and Ministry of Coal through mines for disposal through OB dump Task Force, list of 24 abandoned OC and backfilling as per fly ash mines of Chhattisgarh had been notification of2009. submitted to be used for filling of fly ash generated from TPP including 3 in Gare Palma Block. Of these 3 only 01 is actually feasible.
No progress reported from CECB for constitution of the State Level Committee as proposed.
No progress reported by CMD, SECL, Bilaspur in spite of several communications from CECB, CPCB and Collector, Raigarh.
FIELD OBSERVATIONS 22
1. Pursuant upon long deliberations by CPCB, Central Electricity Authority, NTPC and Ministry of Coal through Task Force, list of 24 abandoned OC mines of Chhattisgarh has been submitted to be used for filling of fly ash generated from TPP. The committee has written to Chairman, CECB, Raipur for constitution of State Level Committee for management of fly ash disposal in the state with implementation of SOP notified by CPCB. The co-operation of SECL is not satisfactory as many applications of TPP of Tamnar & Gharghoda area are lying unattended by SECL.
2. District collector, Raigarh has issued letter to concern departments for directing all gram panchayats for not issuing any NOC to use low lying area for disposal of Fly ash. During visit unscientific disposal of fly ash were observed at 1) Outside TRN Power ash dyke (By TRN Energy Private Limited) , 2) In Tenda village (By TRN Energy Private Limited) , 3) Outside the Mahaveer Energy ( By Mahavir Energy & Coal beneficiation Limited). Onsite observations reveal it as legacy fly ash dump.
3. PHED, Raigarh has proposed drinking water supply scheme (Rs. 1270.41 Lakh project cost) for 10 mining effected villages of Tamnar Block. The details submitted by PHED, Raigarh was verified in Kondkel Village and found insufficient with respect to population of the village. The representative of PHED present during visit of the committee has informed that PHED has established 04 hand pumps, 04 Power pumps and 01 tap water supply have been provided in Kondkel area. The residents of the village has informed about frequent lowering of ground water table due to UG mining activity. Representative of the PHED was also in concurrence with the observation of the villagers. Hence it has been decided by the committee to obtain data of ground water recharge system in Gharghoda and Tamnar area, from central ground water authority, Raipur along with data of annual ground water level in the area.
4. Installation of CCTV system in mines of the area was reported complied by all mines whereas its proper operation and recording is to be ensured by SECL in its all mines located in Chhal and Gare Palma. RO CECB Raigarh was requested to physically verify the status of transport of coal in properly covered manner.
5. EE PWD, Raigarh has informed the committee about immediate construction of approximate 111 Km CC road (Raigarh to Dharmjaigarh about 76 Km and Punjipatra to Milupara about 35 Km) but due to budget constraint the work is pending since last several years. An amount of Rs. 335 Crore may be required to complete the construction of CC road in the area of Tamnar and Gharghoda. Hon'ble NGT in its order dated 20.11.2020 (point 5) has instructed PS, PWD to sanction the required fund and ensure execution before March 2021. During field visit execution of the work was not observed, hence the issue was further clarified with EE, PWD, Raigarh who informed as under-
23 Main high way connecting Raigarh to Dharamjaygarh has now been included in National Highway Scheme Stretch from Chhal mines to Gharghoda has been approved for two lane Stretch from Punjipatra to Milupara via Tamnar not yet approved.
In view of the above committee has instructed to EE, PWD, Raigarh to identify badly damaged patches in this stretch and prepare a budget and get same approved so as to complete the work within three months. Stretch from Punjipatra to Milupara via Tamnar has also to be taken on highest priority because of the heavy traffic load on this route.
IRCON International Limited, has informed that work for 14 km rail line from Gharghoda - Bhalumuda - Gare Palma will be completed by June 2021. IRCON has to construct 05 numbers of coal siding in Tamnar and Gharghoda area for increasing rail coal transportation. As on date of committee visit IRCON has completed 04 coal siding and made 01 siding operational. As per data received from major mining company of the area i.e. SECL, it is reported that 35% coal transport increase has been observed in comparison to last financial year 2019- 2020. (Annexure-VII) It is assumed that coal transport by rail may increase by 50% in addition to earlier transport after completion of the project SECL and IRCON shall submit detail about total transportation of coal through Rail in FY-2020-21.
6. CECB vide its letter dated 31.03.2021 has invited proposal from NEERI, Nagpur for conducting Carrying capacity study in Tamnar & Gharghoda Blocks of District Raigarh. The Technical and Commercial proposal is to be provided by NEERI, Nagpur within 15 days. (Annexure-VII)
7. The committee has also discussed the issues in meeting with Collector, Raigarh to expedite the required development as directed by Hon'ble NGT in its order. The outcome of the meeting has been considered in the recommendations.
8. In order to make information of the Oversight Committee's work public domain, Collector Raigarh agreed to host a webpage on the Raigarh District website and directed the District information officer (Raigarh) to coordinate with the committee regarding the same.
In view of the above field observations, the recommendations of Oversight Committee are as under
RECOMMENDATIONS -24
1. Chhattisgarh Environment Conservation Board shall prepare list of areas where unscientific disposal of fly ash has occurred with specific remark of status about permission granted.
2. Chhattisgarh Environment Conservation Board shall also generate data about total quantity of coal mined in Raigarh, total quantity of coal being used by the industries in Raigarh and quantity of locally mined coal available for TPPs and other industries of Raigarh.
3. In order to ensure development of health facilities in the villages of mining affected areas, Principal Secretary, Health Chhattisgarh Government may be advised to keep informing the Oversight Committee about development made in health facilities.
4. Hon'ble NGT may like to direct Principal Secretary, PWD, Chhattisgarh Government to sanction budget for 111 km road from Raigarh to Dharamjaygarh and Punjipatra to Milupara via Tamnar and ensure its execution within three months. In this context time bound action plan shall be submitted to ensure timely execution of the work
5. Directions from Hon'ble NGT may also be issued to Chhattisgarh Environment Conservation Board, Raipur for constitution of State Level Committee to look in to Scientific Utilization of fly ash in the Chhattisgarh State.
6. Directions from Hon'ble NGT may also be issued to CMD, SECL, Bilaspur to expedite disposal of fly ash in abandoned coal mines declared by Central Electricity Authority, Ministry of Power, Government of India vide letter no. 1/8/27/Task Force/ 2013-
2019/TCD/230-338 dated 14.02.2020 in consultation with CECB and complete within three months."
5. From the report dated 17.03.2021 annexed to the main report as Annexure-IV, violations have been found on the part of JPL, JSPL, M/s HINDALCO Industries Limited, Mahaveer Bio-Energy Premises and CSPGCL. The observations are quoted below:-
"FIELD OBSERVATIONS
1. Unscientific dumping of fly ash- The committee has observed unscientific dumping of fly ash at several places, out of these few are temporary/ intermittent and few old dumping of legacy in nature.
Within GP IV/1, outside mine void: Only fly ash dumping as part of backfilling of mine void along with overburden is 25 permitted. No dumping is permitted in open areas; such dumping is leading to ash flying away into human habitation and ecosystems.
Action: As this constitutes violation of EC conditions, CECB to direct JSPL to clean up the unauthorised dump within 7 days and dispose the fly ash in the mine void through the backfilling process. The process of covering fly ash with overburden/ sweet soil appears to be very slow. JSPL shall ensure that fly ash is covered within 07 days to extent possible and also to ensure daily watering or covering up the flu ash during backfilling process.
Within GP IV/2-3 outside mine void: Only fly ash dumping as part of mine void covered with overburden is permitted. No dumping without cover by overburden is permitted in open area as such dumping may lead to ash flying away into human habitation and ecosystem. (Pics5-6) Action: As this constitutes violation of EC conditions, CECB to direct JSPL to clean up the unauthorised dump within 7 days and dispose the fly ash in the mine void through the backfilling process.
Leakage of fly ash slurry from JPL ash dyke: The ash dyke IIA and IIB of JSPL was observed full and representative of the industry has informed that application for permission to raise the ash dyke height is submitted in MoEF&CC. At the time of visit leakage in the exiting ash dyke was observed and ash laden water was found up to toe drain. Hence possibility of ash dyke breach in future cannot be ruled out. (Pics-07) Action: In compliance of direction from Oversight Committee CECB has inspected the site and directions to the industry is being issued under section 33 of water act. Furthermore, JPL to conduct study through a research organisation of national repute to determine the stability of the exiting ash dyke and take measures required to strengthen as needed. No permission for raising of ash dyke shall be given till safety of the dyke is assured.
Outside TRN Power Ash dyke: TRN power has created an ash dump outside its ash dyke in the village of Nawapara Tenda( Pic- 08). The top of dump is at least 10 feet above the GL. This is not as per definition of dumping in low lying area. Moreover, fly ash utilisation report April 2020 - Jan 2021 provided by TRN Power shows that they have continued to dump fly ash in low lying areas during May, June and July 2020. There are physical evidences for breaching of mud wall leading to fly ash flowing in to adjoined fields (Pic-9). More over the situation to ash flying into neighbouring habitants and ecosystem could not be ruled out. The dumping of fly ash in Tenda Village is seems to be a legacy dump (Pre-February 2020). This unscientific dumping is 26 visibly eroding in the rain and may flow in to nearby fields and water streams. (Pic-10) Action: CECB to instruct TRN power to desist from any further dumping, to strengthen the mud dykes, to regularly watering the dump to prevent fly ash dispersal by wind, to prevent any erosion by covering the dump with soil. Actions for the long term remediation of this legacy dump will be determined once mine voids are made available for fly ash disposal.
Outside Mahaveer Bio Energy Premises: Mahaveer Bio energy has created an ash dump behind its premises. (Pics- 11) The top of the dump is at least 10 feet above the GL and does not confirm to the SOP for dumping in low lying area. More over there is not even a proper retaining wall around the dump creating a public hazard.
Action: CECB shall issue show cause notice for improper disposal of fly ash and instruct for removal of the fly ash within 07 days Fire in coal mine/coal dump: The committee observed smoke in gare Palma IV/2-3 (SECL). (Pic-12) SECL assured the committee that they have followed instructions provided by CIMPHER but measure advised as covering with clay have not worked. Fires/ smoke is constant hazard in coal mining. Nevertheless, fires close to human habitation need to be immediately put on to prevent pollution and health hazard.
Action: CECB to direct SECL to arrest all fire within 500 m of kausampalli and Sarasmal village within 7 days and approach DGMS immediately for obtaining better solution to deal with issues Discharge of untreated waste water- The committee has observed discharge of untreated water from mine of M/s HINDALCO Industries Limited at Gare Palma IV/4 in to a drain leading to agriculture fields (Pic-13). The mine owner has also not demarcated mining lease area that OB dump activity could be assessed.
Action: As this constitutes a violation of EC conditions, CECB shall direct M/s Hindalco to immediately stop the discharge of effluents, and to install necessary wastewater treatment facilities and have them inspected by CECB within 1 month, show that it meets discharge quality standards set in the EC, and seek approval of neighboring village Gram Sabha before releasing any further (treated) wastewater out of its mine lease area 27 The committee also received public representation in field to the effect that the captive coal washery with in the JPL premises was releasing untreated effluents in to the Kelo River that adjoins it. The committee could not visit the visit the site to examine the situation.
Action: CECB has visited the site and reported non-operational status of coal washery, however water samples from River Kelo has been collected and final report will be submitted after completion of sample analysis.
2. Green belt and safe distance from public road/settlement- The committee has found green belt issue and indiscriminate storage of OB dump in CSPGCL (Chhattisgarh State Power Generation Company limited) mine at Gare Palma sector 3. It was observed that dumping of OB was done on both sides of public road without safe distance.
Action: Committee has instructed CECB to inspect the GP III mine and verify the actual location of OB dump as per mining plan. In case of any deviation found strict action shall be initiated in consultation with state mining department as well as Director General of Safety and Mines (DGMS). Regarding Gare Palma IV/5 MoEF&CC to verify and issue appropriate direction.
3. Making abandoned mines available for disposal of fly ash- Update: Ministry of power has identified 3 mines for fly ash dumping in Tamnar-Gharghoda region. Chhaal mine is actually not available because it is being worked. Mand mine is an UG mine has already been decommissioned. It is not easy to reuse it for fly ash dumping. DGMS will be requested to suggest ways in which it can be made available for fly ash dumping. OCP mine at Domnara is found suitable for disposal fly ash available for which SECL, Raigarh has moved the letter to its HO at Bilaspur office seeking permission. In case of permission granted for Domnara mine preference shall be given to TRN Energy Private Limited and some other power producers that generate fly ash and have limited area for fly ash disposal.
Action: Collector Raigarh shall pursue the matter with CMD, SECL, Bilaspur for an early outcome.
4. Public health facilities and disease screening- The committee has also discussed about requirement of health infrastructure and status of available facilities in Gharghoda and Tamnar area. Collector Raigarh has informed the committee that there are adequate facilities available at Tamnar CHC and at the Fortis-JPL multispeciality hospital at Tamnar. Collector Raigarh has also assured to organise 'health camps' within the next 3 months in all villages surrounding the mines areas in T & G blocks, and then ensure regular screening after that on a yearly basis.28
Action: CECB RO Raigarh with DC, Raigarh to reconfirm that JPL hospital is open to all villagers for free of cost treatment.
5. Improve Road quality to reduce spillage and air pollution- Gharghoda and Tamnar area of Raigarh is extremely rich in coal mineral and extensively mined by SECL and other private companies. It was observed that very less percent of coal produced in the area is available for exiting industries of Raigarh. Most of the coal mined is being transported to nearby areas in Chhattisgarh and other states. Hence road condition of Raigarh plays an important role in deterioration of ambient air quality. In order to ensure better ambient air quality an statistical balance is to be developed between road transport and rail transport. It was found satisfactory that development of rail network with five coal siding in the area are at the stage of completion. Hence it is required to decide a time line for transportation of coal by rail only especially being dispatched to other states. Road transport of coal shall be limited for those power plants operational in Raigarh.
EE, PWD, Raigarh has informed the committee that main highway connecting Raigarh to Dharamjaygarh has now been shifted to NH scheme. Stretch from Chhal mines to Gharghoda has been approved for two-lane and its strengthening. Stretch from Punjipathra to Milupara via Tamnar (25 km) and Stretch from Milupara to Lailung not yet approved.
Action: Since the actual process of constructing the NH will take at least two years, PWD is instructed to identify badly damaged patches in this stretch and prepare a budget and get the same approved and acted upon immediately (within 3 months). As far as constructions of other stretches are concerned PWD shall take highest priority because these are the stretches with heaviest traffic density.
6. Inadequate quality of drinking water supply to Kondkhel village- This could not be verified in this visit, but Hindalco was already instructed to stop providing water from Bendra nala, and to provide water from coal mine after proper filtration and treatment. Hindalco has yet to comply.
Action: Direction from collector Raigarh may be issued to M/s HINDALCO and PHED, Raigarh for compliance within three months."
6. Before discussing the report and issuing further directions, we may dispose of IAs which have been filed. I.A. No. 97/2021 has been filed on behalf of M/s Jindal Steel and Power Limited (JSPL) seeking direction for short term measures for transportation of coal. The Expert Committee having already gone into the matter, we do not find any scope for piecemeal direction in isolation when the matter is being dealt with holistically based 29 on recommendations of a credible committee, which are not shown in any manner to be erroneous. I.A. No. 97/2021 is disposed of accordingly. I.A. No. 25/2021 was filed by the applicant for modification of the constitution of the Committee. We do not find any merit in the said application as report has already been submitted which is being considered. The IA stands disposed of. I.A. No. 382/2021 is for direction to the MoEF&CC not to permit expansion of Hindalco Industrial Limited project for underground mine being converted to Opencast mine. We are of the view that instead of granting the injunction sought, the concerned authorities may look into desirability or otherwise of such expansion, in the first instance and if the applicant is aggrieved, he will be at liberty to take remedies against the permission if so taken. I.A. No. 382/2021 stands disposed of accordingly.
7. We may also note the response of the applicants to the report of the Committee. It is submitted that dumping of fly ash in low lying areas needs to be avoided in view of earlier order of this Tribunal dated 27.02.2020, based on the recommendations of the Committee as required monitoring is not viable. Further, any such unscientific dumping which may have already taken place needs to be remedied. It is further submitted that no timeline has been provided in the recommendations of the Committee for remedying long pending and continuing problems. Actions suggested on behalf of the applicants under different heads are reproduced below:-
"A. Dumping in low lying areas:
(i) The Applicants reiterate that there should be No dumping of fly ash in low lying area as has been accepted by this Hon'ble Tribunal vide it's Order dated 27.02.2020 and the Order dated 20.12.2020 be clarified in this regard and directions be issued to the Oversight Committee in this regard.
(ii) CECB be directed to amend the consent conditions of all TPP and Coal Mine as per MoEF&CC's notification dated 28th 30 August 2019 as mentioned in the Report of the Oversight Committee
(iii) The Hon'ble NGT should direct for a clean up of the Fly Ash, since the monsoon rains will start soon and again the legacy ash dump sites will pollute the river and agricultural land."
B Repairing and Maintenance of roads inside and outside the mine area:
Committee had also visited the new operations at Gare Pelma Sector 3 which is under the Chhattisgarh State Power Generation limited and there too the trucks are using the said road, which the Hon'ble NGT had directed to be made form Raigarh to Milupara, but no mention of such violations have been made in the Report. It is suggested that there should be proper repairing and maintenance of roads both inside and outside the mine area to ensure smooth movement of trucks and other load carrying vehicles"
C. Proper and free health care facilities with multispecialty treatment system may be provided in all coal mine-adjacent villages as per the recommendations of the committee report of 14.6.2019 in the Dukalu Ram (OA 314/2014 CZ) case.
D. MoEF&CC be directed to forthwith submit the data on Green Belt development before the Hon'ble Tribunal with respect to District Raigarh.
E. Establishment of monitoring cell by PHED to monitor water quality being used by the residents of villages.
F. Installation of adequate number of CCTV and CAAQM stations in coal mining area.
G. Requiring that whatever coal is being supplied to JPL and JSPL from Gare Palma IV/2&3 should be transported through the already existing closed conveyor belts and no such coal transport should be allowed via trucks.
H. Comments on the field observations:
a. Impose Environmental damages on the units found in violation of EC conditions as several EC violations have been recorded by the committee but no action has been proposed /recommended by the Committee against the violators b. Address the issue of fires in the overburden dumps in all operations, which has been left unaddressed. c. Committee be directed to present plan for water recharge d. Effluents and coal discharge was noticed in the river and nallas. No measure and punitive action has been suggested for that. This issue may kindly be addressed.
e. The field visit reports of the Oversight Committee should be cross verified with the actual action taken and compliance of the recommendations.
f. The field visits should be more regular and the report of the Oversight Committee should be placed in Public Domain so that the work done so far and the status of action taken is made public."31
8. We have given due considerations to the report of the Committee as well as suggestions made on behalf of the applicants. The recommendations of the Committee need to be accepted. The State Board should prepare list of areas where unscientific disposal of fly ash has taken place and generate data about the quantity of the coal mined, used in the industries and available for TPPs. Steps need to be taken expeditiously for development of health facilities, constructing necessary road from Raigarh to Dharamjaygarh and from Punjipatra to Milupara, disposal of fly ash in abandoned coal mines and constitution of State Level Committee to look into scientific utilization of the fly ash. Taking such steps is undoubtedly necessary for protection of the environment. The suggestions of the applicants reproduced above also need to be considered by the Oversight Committee.
9. The Oversight Committee may make assessment of compensation for the violations on the basis of which the statutory State Board may take further action, following due process of law. The Committee may continue to oversee remedial measures in terms of directions of this Tribunal. The Committee may undertake field visit and also interact with all the stakeholders. The Committee will be at liberty to take assistance from any other Expert/Institution.
10. We regret to note failure of the concerned departments of the State of Chattisgarh to respond to the Committee and to perform their Constitutional obligation to protect environment and public health.
Pending taking coercive measures for such failures in due course, we direct the Chief Secretary, Chhattisgarh to ensure necessary action on the part of the concerned departments, including PWD and Health on the 32 subject of construction of road and providing health care facilities and drinking water to the victims in the area. Any negligence by the State authorities may result in rendering the concerned senior officers personally accountable by way of prosecution under the provisions of the NGT Act, imprisonment under section 25 NGT Act read with section 51 CPC and exemplary costs out of their salaries.
11. Having regard to the seriousness of the issues involved and their impact on the environment and public health, we direct that the Oversight Committee will now be headed by Justice V.K. Shrivastava, former Judge of Chhattisgarh High Court, available at Bilaspur. He will be entitled to honorarium at the rate of Rs. 2 lakhs per month, apart from logistic support for the purpose of work of the Committee. His tenure will be for six months from the date he joins the first meeting of the Committee, which may be done within one month from today. The amount will be payable by the State PCB - Chhattisgarh Environment Conservation Board.
12. The report about the compliance status as on 30.11.2021 may be furnished to this Tribunal on or before 15.12.2021 by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. A copy of the report may also be provided to the authorities who are required to implement the recommendations of the Committee to enable such authorities to file their response, if any, before the next date.
List for further consideration on 11.01.2022.
A copy of this order be forwarded to Chief Secretary, Chhattisgarh, MoEF&CC, NEERI, CPCB, State PCB, the Collector, Raigarh and Justice 33 V.K. Shrivastava, former Judge of Chhattisgarh High Court by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM M. Sathyanarayanan, JM Brijesh Sethi, JM Dr. Nagin Nanda, EM June 24, 2021 Original Application No. 104/2018 (I.A. No. 382/2020, I.A. No. 25/2021 & I.A. No. 97/2021) SN 34