National Green Tribunal
Tribunal On Its Own Motion Regarding ... vs State Of Jharkhand Through Chief ... on 24 January, 2023
Item No.05 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
M.A. No.38/2022/EZ
In
Original Application No.50/2022/EZ
In the Matter of:-
Tribunal on its own motion
Reg: Frequent Accident Occurring
due to illegal coal mines in abandoned
coal mines in Dhanbad, Jharkhand
Applicant(s)
Versus
1. Integrated Regional Office, MoEF & CC, Ranchi
Through Senior Scientist,
Bungalow No.A-2, Shyamali Colony
Doranda, Ranchi, Jharkhand-834002
2. Central Pollution Control Board
Through Senior Scientist,
Parivesh Bhawan, East Arjun Nagar,
Delhi-110032
3. Jharkhand State Pollution Control board,
Through Senior Scientist,
H.E.C. Durwa, Ranchi-834004
4. District Magistrate, Dhanbad,
Station Road, Pandey Muhalla,
Dhanbad, Jharkhand-826001
5. Director General of Mines Safety Dhanbad,
Ministry of Labour and Employment,
DGMS Head Office, Sardar Patel Nagar,
Dhanbad, Jharkhand-826001
6. District Mining Officer, Dhanbad,
Combined Building,
P.O.+P.S. & District-Dhanbad
7. Superintendent of Police/Senior Superintendent of Police,
NH 32, Near General Post Office,
Kasturba Nagar, Dhanbad, Jharkhand-826001
Respondent(s)
Date of hearing: 24.01.2023
1
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
For Applicant(s) : Suo Motu
For Respondent(s) : Mr. Apurba Ghosh, Adv. for R-1,
Mr. Surendra Kumar, Adv. for R-3,
Mr. Ashok Prasad, Adv. for R-5
ORDER
1. The Original Application No. 50/2022/EZ was disposed of by this Tribunal vide its order dated 04.07.2022 with the following directions:-
"11. Considering the anomalies and non-compliance of the Mine Closure Plan noted by the Committee and the remedial action suggested by the Committee, we direct the Committee constituted by us to monitor the mining operations, so far as the implementation of Mine Closure Plan is concerned, at the sites in question in the present Original Application and to ensure strict compliance of the remedial measures suggested by the Committee within a time period of four months and file an affidavit of compliance by 11.11.2022. 12. With the aforesaid directions, the Original Application No. 50/2022/EZ is accordingly disposed of.
13. There shall be no order as to costs."
2. Since no compliance affidavit had been filed, the present M.A. No.38/2022/EZ was taken up suo motu.
3. An affidavit dated 14.01.2023 has been filed by Respondent No.1, MoEF & CC, Ranchi.
4. As regards delay in filing the compliance report has been satisfactorily explained which we accept.
25. It is stated that compliances of M/s BCCL and M/s ECL were observed to be different, and, therefore, have been filed with the affidavit in two different tables.
6. Table-A relates to the compliance report on the Remedial Measures/Action Plan to Prevent Illegal/Unauthorized Coal Mining from Coal Mines of CV Area, BCCL and reads as under:-
A. "Compliance Report on Remedial Measures/Action Plan to prevent ILLEGAL/Unauthorized Coal mining from Coal Mines of CV Area, BCCL.
Sl.N Remedial steps/action plan suggested by the Action Taken/Response Latest o. Hon'ble NGT and committee members to Submitted By PP (M/S observations/comp prevent illegal/unauthorized mining from BCCL) liance status coal mines based on site inspection on based on site 20.05.2022 inspection on 09.11.2022 and documents submitted by PP.
1. Progressive and final mine closure Plan has Mine closure guideline Being complied to be followed strictly ECL, BCCL: As came into force in August but further explained earlier accidents and death in 2009 and MCP's of two action needed.
Gopinathpur could have been avoided if operating mines of Patch 'C' working Project Proponent (JPP) had followed the Cluster XVI of BCCL has at Mine Closure Plan and backfilled the been prepared and BasantimataDahib exposed final coal face/highwall. Coal mines approved by BCCL ari was fenced by have their Progressive and Final closure Plan Board: single row barbed approved by Coal controller (under Ministry 1. DahibariBasantimata wire fencing. The of coal, Govt. of India) or their Company OCP patch C quarry Board. It was informed that ECL and BCCL 2. Basantimata Colliery floor was partially board had been delegated the power to Activities mentioned in waterlogged. At approve the Mine Closure Plan. In the mine Approved Mine Closure places the fencing Closure plan there are steps Plan of Basantimata was found given/procedure enumerated so that step by Colliery damaged. step mine is closed in a scientific/systematic &DahibariBasantimata Accompanying way for e.g. For opencast (o/c) mine OCP are being taken. officials (PP) backfilling of excavated/open pit, dozing and Third party audit by informed that the levelling the area of natural elevation, IIEST Shibpur (MoC fencing was developing grassing vegetation and greenbelt certified agency) and completely made on the dumps, levelled area, etc. Sometimes inspection by officials of around the patch pits are partly filled and partly left for CCO has been done to C opencast rainwater harvesting, groundwater recharge, verify the MCP activities workings but it etc. Overall, the aim is to either return the undertaken, found was damaged at land in the way it was in earlier (premining) satisfactorily as per places by days (agriculture land, forest land) or to provisions mentioned in miscreants. Two return to local community in a more better approved MCP and lines of fencing way (in the way of ponds, agriculture land, recommended was not found at etc.) reimbursement of any place around For u/g mine: All entries/openings to Rs.4.10 cr approx. for the mine nor any underground workings of DBOCP & Rs.1.53 cr fence found in abandoned/closed/discontinued approx. for Basantimata between two lines mine/workings shall be effectively sealed off UG. Further in this, for of fencing that or filled upto ground level to prevent entry of DBOCP has been may act as persons through them. released from CCO and deterrent for illegal Implementation/Execution of Mine rest will be released. miners. Patch C Closure activities as per the approved working has been Mine Closure Plan is the responsibilities of In progressive operation temporarily Mining Companies (in this case M/s ECL, of mines, sealing of discointinued due M/s BCCL). However, there is a need of incline/shaft is not to unavailability of supervision by Government regulatory usually done. further land and is agencies. In the case of non-coal major Both pit (3&4) of closed situated just 3 minerals (Iron ore, Bauxite, Manganese, Chanch UG colliery has adjacent to the Limestone, etc.) there is Indian Bureau of ben sealed and fenced. present opencast Mines that approves the Mine Plan and Mine workings. Closure Plan and also supervises/ensure the Further, recommendation activities are done in the mines are as per No. K of NGT clearly In the mine, the plan. Because there is one (very states mine workings were important) aspect to Mine Closure and that is face/highwall could not previously being the coal/minerals conservation aspect. For advance due to made by non-coal major minerals, Indian Bureau of unavailability of land underground Mines-IBM ensures that all mineral that is and chances of illegal through numbers technically and safely possible to be mining increases as coal of inclines. Most of excavated is taken out of the mine before companies could not go the incline entries mine closure. Since coal/mineral left behind for backfilling as mine have been in mine can be national loss (It is really has to further advance excavated in tough to search for a mineral, open a mine, and exploit the coal opencast mining run it profitably so leaving behind the further, follow up with and presently mineral/coal haphazardly is not at all local have no existence. sustainable). administration/District Rest of the incline officials can help the coal entries to the During inspection in the coal mines the companies in acquiring underground mine closure plan implementation was the land is to be made. In workings were not found satisfactory. this, help from district sealed at surface administration are being by dumping sought on for overburden.
acquirement of land for Presently there
Mining Purpose. Coal was no
Production from Patch-C underground
of BasantimataDahibari working in the
Colliery has been mine and all
temporarily stopped due scams were being
to non-availability of land extracted by
and the mine void filling opencast mining
in case of Patch -C could only.
not be taken under Mine
Closure activity as the Adequate display
patch is under boards for
development stage and preventing illegal
there is no De-coaled entry to the mine
area under Patch-C for were placed near
backfilling as per common approach
approved Mine closure points to the mine.
Plan. Howevercheckpost
s were not found
Approximately 800m of appropriate. There
Fencing work around the were no barriers
Patch-C was done and for entry there.
nearly 100m of fencing One line of fencing
was damaged by was also found
miscreant for which FIR damaged at some
has been lodged. places. One
display board was
LOA for another proposal observed there.
for 1000m of fencing
around Patch C has been Two check posts
done for dual fencing as with security
recommended by guard were
committee. provided in the
mine to monitor
MCSR has been prepared and prevent
for mines which are unauthorized
inoperative before issue entry into the
of Mine Closure mine.
Guidelines on 27th Aug
2009, the provisions are The
being complied by abandoned/disco
submitting Form-I/AMP ntinued mines in
as per CMR-6, CV area of M/s
4
submission of AMP as BCCL, situated in
per CMR-61 under CMR the state of
1957. The list of mines is Jharkhand are
as follows: Chanch
1. Chanch UG- underground
inoperative, Form-I colliery, Laikdih
submitted on deep underground
24.10.2016. Pit no. mine and New
3&4 has been sealed. Laikdih OCP.
2. New Laikdih OCP-
inoperative, AMP The two vertical
submitted on shafts, Pit 3 & Pit
27.07.2000. 4 of Chanch
3. Laikdih Deep UG- underground
inoperative, Form-I colliery have been
submitted on sealed from
24.10.2016, Pit no.1 & surface by RCC
2 sealed and also kept
fenced by barbed
wire.
Two out of three
vertical shafts of
Laikdih deep
underground mine
were fenced all
around by brick
cement boundary
wall of 3m height
and one is
completely sealed
with GI sheet from
which regular
pumping was
being done for
domestic purpose.
Management
reported that the
process of
complete sealing of
the
abandoned/disco
ntinued pits i.e.
two pits of Laikdih
deep underground
mine was on
process.
New Laikdih OCP
had almost been
backfilled upto
and above
surrounding
ground level. The
excavated area
not yet backfilled
was partilly
waterlogged and
exposed coal seam
was not visible
there. Part of the
discontinued
opencast workings
of New Laikdih
OCP, CV Area,
M/s BCCL which
was not yet
5
reclaimed by
backfilling or by
any other means
was not kept
securely fenced.
Management has
been suitably
addressed vide
letter no.901
dated 30.11.2022
for immediate
compliance.
With respect to
mine closure
plan, PP has
assured to
comply as per
the approved
mine closure
plan.
2. The officials of Coal Controller of India, Third party audit by Committee
Ministry of Coal, Govt. of India and Director IIEST Shibpur (MoC members have no
level officers of BCCL/ECL would check the certified agency) and information
status of implementation of Mine Closure audit by officials of CCO whether NGT
Plan/Progressive Mine closure plan of all the has been done to verify order in this
Mines of BCCL and ECL in Dhanbad District the MCP activities matter and report
and ensure that Mine closure activities are undertaken, found of NGT constituted
being carried out in an appropriate manner. satisfactorily as per committee
provisions mentioned in members have
approved MCP and been shared with
recommended Coal controller of
reimbursement of India, and Director
Rs.4.10 cr approx. for level officers of
DBOCP & Rs.1.53 cr BCCL.
approx. for Basantimata.
Further in this, an
amount of Rs.2.04
crapprox. of DBOCP has
been released from CCO
and rest will be released.
3. Mining authorities (M/s ECL, M/s BCCL) The list of Discontinued Being complied.
should provide the list of all the abandoned Mines and abandoned
as well as discontinued mine working in the Mines under Cluster XVI, Notice of
area. It should be ensured by the mining CV area is as below:- abandonment of
authorities that the notice of abandonment, 1. Chanch UG- Chanch UG mine,
closure or discontinuance of all such mines inoperative New Laikdih OCP
are given to the Chief Inspector (DGMS) as 2. New Laikdih OCP- mine and Laikdih
well as the district administration as per inoperative Deep UG mine had
rule. 3. Laikdih Deep UG- been submitted to
inoperative DGMS.
It should be ensured by the lease holder or 4. Basantimata UG-
the owner of the mine that no mine should be Production Basantimata UG
discontinued or abandoned in violation of the suspended mine has been
existing safety precaution as per CMR 2017. It has been ensured that amalgamated with
no mine of Cluster XVI Dahibari mine and
has been discontinued or presently being
abandoned in violation of worked by only
the existing safety opencast mining.
precaution as per CMR
2017.
4. Fencing around mines can be done in two Approximately 800m of Partially
rows- ie. In between two rows of barbed Fencing work around the complied. Patch
wire fencing a trench (width 1m, depth 2m) Patch-C was done and 'C' working at
can be made that shall make nearly 100m of fencing BasantimataDahib
illegal/unauthorized mining and manual was damaged by ari was fenced by
transportation of coal difficult. However, as miscreant for which FIR single row barbed
6
per DGMS Circular 11/1959, top of the has been lodged. wire fencing. The
'abandoned quarries' shall be fenced by (i) patch C quarry
0.4m thick brick wall in lime/cement mortar LOA for another proposal floor was partially
not less than 1.5m high with a parapet top or for 1000m of fencing waterlogged. At
(ii) 0.75m thick stone wall in lime/cement around Patch C has been places the fencing
mortar not less than 1.5m high. done for dual fencing as was found
recommended by damaged.
The fencing must also be maintained till the committee. Accompanying
whole area is completely reclaimed as per officials informed
rule. Necessary steps should be taken to that the fencing
ensure that no illegal mining is done in was completely
abandoned or discontinued mine area by made around the
properly filling the exposed coal faces of the patch C opencast
discontinued workings. workings but it
was damaged at
places by
miscreants. Two
lines of fencing
was not found at
any place around
the mine nor any
fence found in
between two lines
of fencing that
may act as
deterrent for illegal
miners. Patch C
working has been
temporarily
discontinued due
to unavailability of
further land and is
situated just
adjacent in the
present opencast
workings.
5. Number of checkpoints can be made around Two check posts have Being complied
the mines especially at those places from been created for but further
where there are chances of unauthorised monitoring unauthorized action needed.
entry of outsider for theft of coal and entry in mine premise
transport of theft coal from mine to outside. It and coal theft. Two check posts
must be ensured that each of the with security
abandoned/discontinued mine workings are Internal security guards guard were
provided with proper fencing and sufficient are also deployed round provided in the
no. of display boards of adequate size at all the clock for monitoring mine to monitor
common approach point with information coal theft. and prevent
about the date of discontinuance / unauthorized
abandonment stating that entering into the The entry into the
area by anyone is illegal as per rule (as abandoned/Discontinued mine.
provided at Railway crossing). mine workings are
properly sealed off and Adequate display
being provided with boards for
adequate fencing. preventing illegal
entry to the mine
were placed near
common approach
points to the mine.
However check
posts were not
found appropriate.
There were no
barriers for entry
there. One line of
fencing was also
found damaged at
some places. One
display board was
7
observed there.
6. Round the clock rounds by CISF/internal A Central Control rooms Being complied
security of coal companies by mobile have been established in but further
vehicles. This inspecting CISF officials and CV Area. Round the clock action needed.
internal security members should be monitoring is being done Reply of PP is as
connected directly to local police control room by CISF and Security given in adjacent
so that they can report/ask for help, etc. team of companies. column. Better co-
Connection with Local ordination and
police control room has connectivity is
been also established for required between
report & help. internal security
members and coal
police central room
to stop illegal
mining.
7. Installation of CCTV cameras in and around CCTV camera has Being complied
the mines that can aid in identification of already been installed in but further
persons engaged in illegal/un-authorised Mine premises of action needed.
mining. They should be connected with BasantimataDahibari
common control room having access to CISF. Colliery for surveillance Two CCTV
Internal security in-charge, local police and of coal theft and cameras were
other key person who can take action. monitoring of persons installed in the
engaged in illegal/un- mine to cover the
authorised mining. patch C workings.
Connectivity of the same The
has been established to surveillance/contr
central control room and ol room was
CISF, Internal security in- established in
charge. However local Area office and
villagers have tried to was accessible to
damage the CCTV CISF and internal
installed for which FIR security. As
has been lodged to local informed during
police station. inspection there
was fifteen days
backup of the CC-
TV footage. There
was no power
back up facility of
operation of the
installed CC-TV
during power
failure.
Local police has
no access to this
control room.
8. Drones can be utilised for tracing illegal/un- Proposal for utilization of No drones has
authorised mining that may be going on in Drones for tracing been utilized for
the project/area and also for action by illegal/un-authorized tracing illegal/un-
internal security/CISF and Local Police mining has been sent to authorized mining
administration. BCCL HQ that may be going
on in the
project/area and
also for action by
internal
security/CISF and
Local Police
administration.
9. All the above arrangements would be futile if Information of illegal coal Being complied.
local Police department do not take strict mining under leasehold 1. Total FIR on action against the identified or caught illegal is being reported to Local illegal mining mines. Strict action/Punishment can only Police Station and (till Nov. deter the illegal/un-authorised miners to subsequently FIR are 2022): 347 leave this unlawful job. Proper FIRs should being lodged for the 2. 178 arrested be done and illegal/un-authorised miners be same to the Local Police 3. Around brought to justice/punishment may be given administration. 48000 ton as per the law, then only fear of law can be and 300 jute 8 penetrated among illegal/un-authorised bags filled miners. with coal recovered.
4. Dedicated force provided by DIG for raid.
5. Special drives are conducted every month for minimum of 10 days.
6. Monthly meeting of mining task force for better coordination and resolution of any pending issues.
The above data is
for Dhanbad
District from
January 2022 to
November 2022.
10. Alternate occupation / employment / means Skill development Partially
of livelihood can be given to illegal/un- programmes are being complied.
authorised miners so that if they leave the taken under CSR from Involvement of
work of illegal mining they can sustain their BCCL HQ for people local people by PP
and their family's life. Skill development residing near the Mine for skill
programmes can be done/ initiated for local area. development was
villagers around the mines area in the field not found
of textile, handloom making, tailoring, candle satisfactory.
making, food processing, phenyl and liquid soap making, mobile and laptop repair works, other electrical and electronic repair works etc. Mine management can initiate the above skill development programmes in a vigorous manner and also make propaganda about it (door to door campaign, pamphlet distribution/pasting, newspaper advertisement can be done). District Mineral fund can also be utilised for such skill development program. Villagers can also be encouraged to do farming/agriculture -
Multiple crop forming can be encouraged.
Water can be provided by BCCL/ECL mines management (Many of the abandoned mines work as water storage in the area).
11. At some mines it was observed that mine Help from district face/highwall could not advance due to administration are being unavailability of land. Though the adjacent sought on for acquisition land (adjacent to coal faces) are in the lease of land for Mining area but due to land acquisition problems Purpose. Coal Production coal companies/projects are unable to from Patch-C of acquire their lands. At these places local BasantimataDahibari administration/District officials can help the Colliery has been coal companies in acquiring the land. When temporarily stopped due the coal face advances and legal mining by to non-availability of coal companies are ongoing there is little land. chance of illegal mining. But as the coal face advance stops and mine patch is discontinued / temporarily stopped due to further land acquisition, a chance is given for 9 illegal mining (At that position coal companies could not go for backfilling as mine has to further advance and exploit the coal further). Coal companies can prepare and hand over the list of those mine (mine patches where coal face advance has been temporarily stopped due to land acquisition problems) to District administration. District admin. should co-operate with coal projects/companies to expedite the process of land acquisition.
12. Internal calculation/comparison of Records are being Being complied.
production, dispatch and reserve depletion of maintained in the form of coal by coal companies. A register can be Daily Production Report made for comparison purpose that may be as per Yellow Book. signed daily by Geologist, Mines Manager, Surveyor, Project Officer and General Manager of the Mines/Area of the coal companies.
Sl. Present Broken Total Pro
No. reserve Coal coal duc
of coal (blasted in tion
in-situ in and in mines fro
mine dumps) (C) m
(Proven (B) min
Reserve) es
(A) (D)
Above format can be improvised. Aim should be that all senior officers and Government statutory bodies should know the Reserve, Production, Despatch of coal from mines real time. Any shortages can be highlighted soon. Thus with the aid of above viz., proper mine closure making arrangements in and around the mine to make illegal/ unlawful mining extremely difficult, identification, catching of illegal/ un-authorised miners, punishing illegal/un-authorised miners through law, providing alternative livelihood to local villagers, etc. illegal mining and accidents thereof can be reduced and eliminated."
7. Table-B relates to the compliance report on the Remedial Measures/Action Plan to Prevent Illegal/Unauthorized Coal Mining from Coal Mines of MUGMA Area, ECL and reads as under:-
B. Compliance report on Remedial measures/Action plan Suggested by the Hon'ble NGT committee to prevent ILLEGAL/Unauthorized Coal mining from Coal Mines of MUGMA Area, ECL.
S. Remedial Steps/action plan Action Taken/Response Latest No. suggested by the Hon'ble NGT and submitted by PP (M/s ECL) observations/comp committee members to prevent liance status illegal/unauthorized mining from based on site coal mines based on site inspection inspection on on 20.05.2022 10.11.2022 and documents submitted by PP.
A Steps to be taken by coal companies M/s. ECL, 10 Progressive and final mine closure plan Gopinathpur: Gopinathpur Gopinathpur:
has to be followed strictly by ECL, colliery is a discontinued OC Being complied: BCCL: As explained earlier accidents patch. A copy of the letter of The discontinued and death in Gopinathpur could have discontinuation addressed to part of the been avoided if project proponent (JPP) DGMS, Dhanbad dated Gopinathpur had followed the Mine Closure Plan and 20.01.2020 is enclosed for Colliery was backfilled the exposed final coal kind reference. partially back filled face/highwall. Coal mines have their The Progressive Mine Closure and waterlogged. progressive and final closure plan Plan for Gopiathpur Colliery The exposed approved by Coal controller (under was prepared by CPDIL, RI 1 Gopinathpur seam Ministry of coal, Govt. of India) or their and duly approved by the ECL in quarry face has Company board. It was informed that Board in 2013. completely been ECL and BCCL board had been The compliance status as per covered by back delegated the power to approve the Mine the approved MCP is tabulated filling and the Closure Plan. In the mine Closure plan as follows: quarry was there are steps given/procedure Paramet As per Actual waterlogged upto enumerated so that step by step mine is ers be MCP impleme about 8m from the closed in a scientific/systematic way for followe ntation surface (see photos e.g. for opencast (o/c) mine bakfilling of d 3,4,5,6). excavated/open pit, dozing and levelling the area of natural elevation, developing Total 34 24 Barbed wire fencing grassing vegetation and greenbelt on the mined was done all dumps, leveled area, etc. sometimes pits out area around the are partly filled and partly left for (Ha) discontinued rainwater harvesting, groundwater Total 24 18 quarry. In the river recharge, etc. Overall, the aim is to Backfill side two line of either return the land in the way it was ed area barbed wire fancing in earlier (premining) days (agriculture (Ha) was done around land, forest land) or to return to local Balance 10 6 the quarry with community in amore better way (in the left trench in between way of ponds, agriculture land, etc.) mined (see photos For u/g mine: All entries/openings to out area 3,4,5,6,7,8) underground workings of (Ha) abandoned/closed/discontinued which mine/workings shall e effectively sealed will not off or filled upto grond level to prevent be entry of persons through them. backfille Implementation/Execution of Mine d Closure activities as per the approved Mine Closure plan is the Plantation has been done by responsibilities of Mining Companies (in the Forest Dept., Dhanbad in this case M/s ECL, M/s BCCL). over 8.5 Ha land over OB However, there is a need of supervision dumps and backfilled area, by Government regulatory agencies. In duly shown in enclosed plan. the case of non-coal major minerals (Iron The total land excavated i.e. ore, Bauxite, Manganese, Limestone, 24 Ha as against 24 Ha as etc.) there is Indian Bureau of Mines that per MCP is due to delay and approves the Mine plan and Mine issues arising in acquiring Closure plan and also land. However, a comparison supervises/ensure the activities are between the mine closure done in the mines are as per the plan. activities as per MCP and Because there is one (very important) actual activities carried out in aspect to Mine Closure and that is the mine shows that the the coal/minerals conservation implementation of the mine aspect. For non-coal major minerals, closure activities is in Indian Bureau of Mines-IBM ensures proportion and as per the that all mineral that is technically and MCP. Whereas, in the safely possible to be excavated is taken approved MCP it was out of the mine before mine closure. proposed to backfill 70.50% of Since coal/mineral left behind in mine the total excavated area, in can be national loss (It is really tough to actual, Gopinathpur colliery search for a mineral, open a mine, run it has backfilled 75% of the total profitably so leaving behind the actual excavated area.
mineral/coal haphazardly is not at all As per the approved MCP, it sustainable.) has been proposed that the remaining void shall be During inspection in the coal mines backfilled by brining OB from 11 the mine closure plan future OC patch, likely to come implementation was not found up in the vicinity. However, no satisfactory. new OC patches have come up since its discontinuance and due to the unavailability of OB, a void of about 6 Ha was left to be filled as and when OB will be available. However, in the present situation it is proposed to fill this void by suitable material.
Based on the above tabulated figures and subsequent facts, it is evident that Gopinathpur Colliery has duly complied in implementing the progressive mine closure activities as per the approved MCP.
Recently, in June 2022 CMPDIL, RI 1 has conducted an inspection regarding implementation of progressive mine closure activities of Gopinathpur Colliery as per the approved MCPO for the period between 2013-14 to 2017-18. The Audit report has been prepared by CMPDL and submitted to the Coal Controller by ECL. Copy of the report is enclosed for kind reference. Plan enclosed showing backfilled, excavated, void, plantation area, etc for reference.
Annexure (A1) Plan showing Backfilling Annexure (C2) Letter of discontinuance Annexure (A2) Audit report of CMPDL regarding MCP activities.
Kapasara:
Kapasara colliery is an active OC patch. The Progressive Mine Closure Plan was Kapasara: Being approved by the ECL Board in complied but 2013. The compliance status further action as per the approved MCP is need. South side tabulated as follows: and west side of the Parameters to be followed As quarry has been per MCP Actual fenced by barbed implementation. Total mined wire and cement out area (Ha) 11 8. Total pole ( see photos Backfilled area (Ha) 8. 12.13,16).
Balance left mined out area
(Ha) which will not be The quarry was
backfilled 30 waterlogged up to
Evidently, from the above about 45-50m from
table, it is clear that Kapasara the surface (see
OC has implemented mine photos 12.13).
closure activities as per the Extraction of
approved MCP. overburden and
Subsequently, expansion of formation of
Kapasara OC was approved benches in
12
by the ECL Board. overburden was
Accordingly, revised mining being carried out in
plan and MCP have been South-east corner of
prepared by CMPDIL, RI-1 and the mine. No
duly approved by the ECL working was being
Board and submitted to carried out beneath
MoEFUCC. the high benches
As per the revised MCP, he (see photos 12.13)
total quarry area is 55.65 Ha As informed during
against which about 23.80 Ha inspection operation
has been excavated to extract in the mine had
coal till date. Out of the total been discontinued
23.80 Ha of land broken for in the mine since
production of coal, 19.86 Ha 10.07.2022 and
(approx.) has been backfilled. again resumed on
A total of 4.05 Ha of void area 05.09.2022.
is left which is the active In east side of the
mining zone of Kapasara quarry fencing and
Colliery. Concurrent in-pit check post were not
backfilling is being carried out yet provided.
in the OC patch and current In north side of the
voids shall be backfilled after mine, RCC brick
decoaling of the area. wall was being
Kapasara colliery is an active constructed.
OC patch and all mine closure
activities shall strictly be
adhered to as per the MCP, as
is the prevalent norm in the With respect to
mine. mine closure
Plan is enclosed to depict plan, PP has
progressive mine closure assured to comply
activities of the mine. as per the
Annexure (A4) Plan showing approved mine
backfilling in Kapasara oc. closure plan.
UPDATED COMPLIANCE
STATUS:
Fencing has been done all
around the active void area.
Photographs attached as
Annexure 2. Annexure (A4).
Plan showing backfilling in
Kapasara oc.
The officials of Coal Controller of India, The Coal Controller of India Committee members
Ministry of Coal, Govt. of India and (CCO) is the authority for have no information
Director level officers of BCCL/ECL checking the implementation whether NGT order
would check the status of status of mine closure in this matter and
implementation of Mine Closure activities as per approved report of NGT
Plan/Progressive Mine closure plan of MCP. However, CMPDIL is constituted
all the Mines of BCCL and ECL in deputed/authorized to inspect committee member
Dhanbad District and ensure that Mine and audit mines for have been shared
closure activities are being carried out in implementation of mine with Coal controller
an appropriate manner. closure activities. Recently, in of India, and
June, 2022 CMPDIL, RI-1 has Director level
conducted an inspection officers of ECL.
regarding implementation of
progressive mine closure
activities of Gopinathpur
Colliery as per the approved
MCP for the period between
2013-14 to 2017-18. The Audit
report has been prepared by
CMPDI and submitted to the
Coal Controller by ECL.
UPDATED COMPLIANCE
STATUS:
13
Progressive mine closure audit
(PMCA) report of Gopinathpur
colliery duly prepared and
submitted by CMPDL, RI 1 and
submitted to CCO.
Kapasara colliery
The Coal Controller of India
(CCO) is the authority for
checking the implementation
status of mine closure
activities as per approved
MCP. However, CMPDIL is
deputed/authorized to inspect
and audit mines for
implementation of mine
closure activities.
UPDATED COMPLIANCE
STATUS:
Inspection of mine closure
activities as per MCP of
Kapasara colliery by CMPDIL
has been done on 13.09.2022
and the Progressive Mine
Closure Audit (PMCA) report is
under preparation for
submission to the CCO by
CMPDIL, RI 1
C Mining authorities (M/s ECL, M/s BCCL) There are no abandoned or Being complied.
should provide the list of all the closed mines in Mugma Area, Notices of
abandoned as well as discontinued mine ECL. The list of discontinued discontinuance of
working in the area. It should be ensured mines are as follows: Mandman colliery,
by the mining authorities that the notice 1. Mandman Colliery Gopianthpur
of abandonment, closure or (letter of Colliery and
discontinuance of all such mines are discontinuation) Shampur A colliery
given to the Chief Inspector (DGMS) as enclosed have been
well as the district administration as per 2. Gopinathpur colliery (- submitted to
rule. do-) DGMS.q
3. Shampur A Colliery (-
It should be ensured by the lease holder do-)
or the owner of the mine that no mine Annexure (C1)
should be discontinued or abandoned in Mandman UG
violation of the existing safety Annexure (C2)
precaution as per CMR 2017. Gopinathpur UG Annexure (C3) Shampur AUG UPDATED COMPLIANCE STATUS: -do-
D Fencing around mines can be done in Gopinathpur: Single row Gopinathpur:
two rows- ie. In between two rows of fencing has been provided all Being complied:
barbed wire fencing a trench (width 1m, around the void. It is proposed Barbed wire fencing depth 2m) can be made that shall make to fill the entire void within the was done all illegal/unauthorized mining and manual next two months. around the transportation of coal difficult. However, Annexure (D10 Photographs of discontinued as per DGMS Circular 11/1959, top of Fencing quarry. In the river the 'abandoned quarries' shall be fenced side two line of by (i) 0.4m thick brick wall in UPDATED COMPLIANCE barbed wire fencing lime/cement mortar not less than 1.5m STATUS: was done around high with a parapet top or (ii) 0.75m thick Although it was initially the quarry with stone wall in lime/cement mortar not less proposed to fill the void trench in between than 1.5m high. however the proposal could (see photos not be materialized due to 3,4,5,6,7,8) and a The fencing must also be maintained till unavailability of OB at trench between the whole area is completely reclaimed present. Therefore, as fencing was also as per rule. Necessary steps should be recommended fencing is being observed.14
taken to ensure that no illegal mining is done in two rows of barbed done in abandoned or discontinued wire with trench of 1 m and mine area by properly filling the exposed depth 2 m in between the coal faces of the discontinued workings. rows to make illegal/unauthorized mining and manual transportation of coal difficult.
Photographs of fencing attached as Annexure-3. Kapasara: Being Kapasara: complied but The work for fencing of moving further action front of OCP by providing needed.
single row fencing of barbed wire in Kapasara OC has been South side and completed. This is as per west side of the DGMS circular No.11/1959. quarry has been Annexure(D2) Photographs of fenced by barbed Fencing wire and cement pole (see photos UPDATED COMPLIANCE 12,13,16).
STATUS: In east side of the
Work for providing single row quarry fencing and
fencing of barbed wire for check post were not
moving front of the OCP as per yet provided.
DGMS circular No.11/1959 In north side of the
has been completed. mine, RCC brick
Annexure (4) Photographs of wall was being
Fencing constructed around
the opencast
workings.
E Number of checkpoints can be made Gopinathpur: One check-point Gopinathpur:
around the mines especially at those is provided at the entry/exit Being complied:
places from where there are chances of point of the mine. The Two check posts
unauthorised entry of outsider for theft discontinued mine void is with security guard
of coal and transport of theft coal from properly fenced and display were provided in
mine to outside. It must be ensured that boards are provided at two entry/exit
each of the abandoned/discontinued approach points with locations to the
mine workings are provided with proper information. quarry (see photos
fencing and sufficient no. of display Annexure (E1) Photographs of 10,11).
boards of adequate size at all common checkpoints and display Adequate display
approach point with information about boards are enclosed for boards for
the date of discontinuance / reference. preventing illegal
abandonment stating that entering into entry to the mine
the area by anyone is illegal as per rule UPDATED COMPLIANCE were place near
(as provided at Railway crossing). STATUS: common approach
Display boards with points to the mine.
information such as date of
discontinuance, etc, Kapasara: Being
checkpoint at the entry/exit Complied:
pint of the mine, fencing, etc
are being properly maintained. Two check post with
Photographs enclosed for security guard were
reference as Annexure-5. provided in north Kapasara: side entry to the Two check points have been mine and one check provided in Kapasara colliery, post with security one near the weighbridge and guard was provided another at Muchi cutting. in west side entry to Proper fencing have been the mine (see photo provided. 15).
Display boards have been Adequate display
provided at check points and boards for
other such prominent points in preventing illegal
the mine. entry to the mine
Annexure (E2) Photographs of were placed near
15
checkpoints and display common approach
boards are enclosed for points to the mine.
reference.
UPDATED COMPLIANCE
STATUS:
Display boards, fencing,
checkpoints etc are being
properly maintained.
Annexure (60 Photographs of
checkpoints and display
boards are enclosed for
reference.
F Round the clock rounds by Gopinathpur: Round the clock Being complied
CISF/internal security of coal companies rounds by CISF, internal but further action
by mobile vehicles. This inspecting CISF Security Personnel of ECL as needed. Reply of
officials and internal security members well as concerned Local Thana PP is as given in
should be connected directly to local authority is being done in both adjacent column.
police control room so that they can Kapasara and Gopanathpur Better co-ordination
report/ask for help, etc. OCP. and connectivity is
UPDATED COMPLIANCE required between
STATUS: internal security
A logbook/register of members and local
patrolling by internal security police control room
by mobile vehicles is being to stop illegal
mainatained. Photographs of a mining.
few random pages of the
register are enclosed for
reference as Annexure-7.
Kapasara colliery:
Round the clock rounds by
CISF, internal Security
Personnel of ECL as well as
concerned Local Thana
authority is being done in both
Kapasara and Gopanathpur
OCP.
UPDATED COMPLIANCE
STATUS:
A logbook/register of
patrolling by internal security
by mobile vehicles is being
mainatained. Photographs of a
few random pages of the
register are enclosed for
reference as Annexure-8
G Installation of CCTV cameras in and Gopinathpur: CCTV cameras Gopinathpur:
around the mines that can aid in have been installed in Being complied
identification of persons engaged in Gopinathpur colliery which but further action
illegal/un-authorised mining. They covers five prominent locations needed: Eight CC-
should be connected with common of the mine, namely- TV cameras were
control room having access to CISF. 1. At the entry gate installed in the mine
Internal security in-charge, local police 2. The discontinued to cover the entire
and other key person who can take mines area discontinued
action. 3. The coal depot quarry. The
4. The sub-station surveillance room
5. At the back of the was in the mine
Manager's office office, situated near
6. Annexure (GI) the mine (see
Photographs enclosed photo9). As
for reference. informed during
UPDATED COMPLIANCE inspection there
STATUS: was fifteen days
16
Additionally, four (04) nos. of backup of the CCTV
cameras have been installed footage. There was
at prominent locations as no power back up
follows: facility of operation
1. At the embankment at of the installed
the vulnerable point CCTV during power
2. At the embankment failure. The control
near Kalimandir room should have
covering east side of access to the local
the OCP. police.
3. At embankment near
Kalimandir covering
the west side of the
OCP.
4. At the entrance of the
manager's office
Proposal for PTZ camera has
also been sent to HQ.
Annexure (GI) Photogrphs
enclosed for reference.
Photographs are enclosed for
reference as Annexure 9.
Kapasara: Kapasara: Being
CCTV cameras have been complied but
installed at Entry Point & further action
Weighbridge. Proposal for PTZ needed.
camera has been sent to HQ. Four CCTV cameras
Annexure (G2) Photographs were installed in the
enclosed for reference. middle of the quarry
to cover the entire
UPDATED COMPLIANCE face of the quarry in
STATUS: east, south and
east direction (see
Additionally four (04) nos. of photo 14) . In north
cameras have been installed direction the
at the weighbridge and 5 nos. decoaled area was
of cameras have been being backfilled by
installed at the active mining overburden
area. removed from the
Annexure (G2) Photographs mine. The
enclosed for reference. surveillance room
Photographs are enclosed for was in the agent
reference as Annexure 10 office of the mine,
situated near the
mine. As informed
during inspection
there was seven
days backup of the
CCTV footage. There
was no power back
up facility of
operation of the
installed CCTV
during power
failure. The
Control room
should have
access to the local
police
H Drones can be utilised for tracing Proper FIR regarding No drones has been
illegal/un-authorised mining that may illegal/un-authorised entries utilized for tracing
be going on in the project/area and also to the mine is being done by illegal/un-
for action by internal security/CISF and Manager/Agent of the mine authorized mining
Local Police administration. and Area Security In-Charge. that may be going
on in the
UPDATED COMPLIANCE project/area and
STATUS: also for action by
17
Drone survey has been done internal
in Gopinathpur colliery on security/CISF and
14.10.2022 to trace illegal Local Police
mining. administration.
Photographs attached for
reference as Annexure 11.
Kapasara colliery
Proper FIR regarding
illegal/un-authorized entries
to the mine is being done by
Manager/Agent of the mine
and Area Security In-Charge.
UPDATED COMPLIANCE
STATUS:
Drone survey has been done
in Kapasara colliery on
14.10.2022 to trace illegal
mining.
Phtographs attached for
reference as Annexure 12.
I All the above arrangements would be UPDATED COMPLIANCE Being complied.
futile if local Police department do not STATUS: 1. Total FIR on
take strict action against the identified Being maintained. illegal mining (till
or caught illegal mines. Strict Kapasara: Nov. 2022):347
action/Punishment can only deter the 2. 178 arrested illegal/un-authorised miners to leave Proper FIR regarding 3. Around 48000 this unlawful job. Proper FIRs should be illegal/un-authorized entries ton and 300 jute done and illegal/un-authorised miners to the mine is being done by bags filled with be brought to justice/punishment may Manager/Agent of mine, Area coal recovered be given as per the law, then only fear Security In-Charge. 4. Dedicated force of law can be penetrated among UPDATED COMPLIANCE provided by DIG illegal/un-authorised miners. STATUS: for raid.
Being maintained. 5. Special drives are conducted every month for minimum of 10 days.
6. Monthly meeting of mining task force for better coordination and resolution of any pending issues.
7. The above data is for Dhanbad District from January 2022 to November 2022.18
J Alternate occupation / employment / Following Works under CSR in Partially means of livelihood can be given to relation to Alternate complied:
illegal/un-authorised miners so that if occupation/employment/mean Project authorities they leave the work of illegal mining s of livelihood/skill training showed a training they can sustain their and their family's were undertaken with are Centre at Mugma life. Skill development programmes can listed below:- area where tailoring be done/ initiated for local villagers 1. CSR project on Skill training was around the mines area in the field of Development Training for imparted to women. textile, handloom making, tailoring, unemployed youths within Six women were candle making, food processing, phenyl periphery villages. present during and liquid soap making, mobile and Implementing Partner - committee member laptop repair works, other electrical and George Telegraph inspection and they electronic repair works etc. Mine Training Institute, informed that were management can initiate the above skill Asansol given training about development programmes in a vigorous Trades: tailoring. manner and also make propaganda a. Automobile Technician about it (door to door campaign, b. AC & Refrigeration However, overall pamphlet distribution/pasting, Technician involvement of newspaper advertisement can be done). c. Household Appliances local people by PP District Mineral fund can also be utilised & Electrical for skill for such skill development program. Technicians development was Villagers can also be encouraged to do d. Mobile & Telephone not found farming/agriculture - Multiple crop Mechanic satisfactory. forming can be encouraged. Water can Duration Project- -06 be provided by BCCL/ECL mines months (Each Course) (FY management (Many of the abandoned 2016-17) mines work as water storage in the area). 2. CSR project on Skill Training of Youths (SC, ST, Backward Communities) in Plastic Engineering Trades by CIPET (Central Institute of Petrochemical Engineering & Technology) Implementing Partner-
CIPET (Bhubaneshwar,
Haldia, Balasore).
Trades:-
1. Plastic Processing
Technology, testing &
quality control.
2. Microprocessor based
injection moulding, Process
& trouble Shooting
Duration of Project-01 Year
(Each Course) (FY-2019-20)
3. CSR project on Training of
SC & ST unemployed
youths for 04 year Mining
Sirdar Training
4. Implementing Partner-
HRD, Dishergarh, ECL (In
house Project)
Duration of Project-04 Years
(FY 2016-2020)
Proposed skill Development
Projects (proposals under
Process)
1. CSR Project on Tailoring,
Dress making for 120 SC, ST
and Backward community
Women from different
villages within Command of
19
Mugma Area.
Duration of Project-02
Months
Implementing Partner-
Through Local NGO
Outcome-Skilling,
Entrepreneurship
Development among women.
UPDATED COMPLIANCE
STATUS:
Training of tailoring is being
given to PAP families.
Photographs attached as
Annexure 13.
K At some mines it was observed that The land acquisition of OCP to
mine face/highwall could not advance advance the faces is in
due to unavailability of land. Though the progress and local
adjacent land (adjacent to coal faces) administration/District
are in the lease area but due to land officials help is sought. Filling
acquisition problems coal by over burden of the
companies/projects are unable to discontinued faces is going on.
acquire their lands. At these places local administration/District officials can help UPDATED COMPLIANCE the coal companies in acquiring the STATUS:
land. When the coal face advances and legal mining by coal companies are Kapasara OC is presently ongoing there is little chance of illegal running and has started mining. But as the coal face advance production. stops and mine patch is discontinued / temporarily stopped due to further land acquisition, a chance is given for illegal mining (At that position coal companies could not go for backfilling as mine has to further advance and exploit the coal further). Coal companies can prepare and hand over the list of those mine (mine patches where coal face advance has been temporarily stopped due to land acquisition problems) to District administration. District admin. should co-operate with coal projects/companies to expedite the process of land acquisition.
L Internal calculation/comparison of A register as per prescribed Being complied. production, dispatch and reserve format is being maintained depletion of coal by coal companies. A and duly signed by the register can be made for comparison officers as stated in the letter. purpose that may be signed daily by UPDATED COMPLIANCE Geologist, Mines Manager, Surveyor, STATUS: Project Officer and General Manager of the Mines/Area of the coal companies. A register in prescribed format Thus with the aid of above viz., proper is being maintained. mine closure making arrangements in Photographs attached for and around the mine to make illegal/ reference as Annexure 14 unlawful mining extremely difficult, &15. identification, catching of illegal/ un- authorised miners, punishing illegal/un- authorised miners through law, providing alternative livelihood to local villagers, etc. illegal mining and accidents thereof can be reduced and eliminated."20
8. We have considered the compliance report and the suggestions made by the Committee in the affidavit.
9. We are of the view that nothing further remains for adjudication in the present M.A. except to direct the concerned Respondent No.1 to ensure that projects which are partially complied or being complied but not complete, be completed expeditiously by 31.05.2023.
10. M.A. No. 38/2022/EZ is accordingly disposed of.
11. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ..................................... Prof. A. Senthil Vel, EM January 24, 2023 M.A. No.38/2022/EZ In Original Application No.50/2022/EZ BD 21