National Green Tribunal
Archana Sharma vs Reliance Cementation Pvt Ltd on 15 April, 2024
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.176/2023(CZ)
Archana Sharma Applicant(s)
Vs
M/s Reliance Cementation Pvt. Ltd. & Ors. Respondent(s)
Date of completion of hearing and reserving of order: 04.04.2024
Date of uploading of order on website : 15.04.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant (s): Ms. Archna Sharma, Adv.
For Respondent(s) : Mr. Deepesh Joshi, Adv.
Mr. Prashant M. Harne, Adv.
Ms. Parul Bhadoria, Adv
ORDER
1. Issue raised in this application is mining in violation of rules and by means of deep hole blasting, use of Heavy machinery and irresponsible mining transportation practices caused heavy Air (Prevention and Control of Pollution) Act, 1981, Noise Pollution (Regulation & Control) Rules, 2000 and Soil Pollution Act (No. 370) which affected the well being of dependents. This also resulted in destroying the Panna Sannai Bandhavgarh Tiger Corridor which is one of the very important Tiger Movement Zone of Central India, a resulting damaged of natural habitat of important specie life of surrounding population and wildlife.
2. Respondent 1 & others conducted compensatory afforestation 60 km away from the deforested zone which is absolutely no way helpful in restoration and rehabilitation of Natural Flora & Fauna and living space for wildlife which got affected in Sannai Sandhera forest zone.
13. The matter was taken up by this Tribunal on 08.12.2023 and a committee consisting representative of the Principal Secretary, Govt. of Madhya , CPCB and MPPCB was constituted to submit the factual and action taken report.
4. In compliance thereof the Members of the Committee visited the site made an inspection and submitted the report with the following facts :
B. Factual status Report of the major issues raised in the petition:-
S.N Detail of Issues Factual status
1 The present The Mine is situated in village Sadhera,
application is filed tehsil Maihar, District Maihar. Following
against the illegal, Clearance has been obtained by RCCPL
irresponsible and Pvt. Ltd. (formerly known as Reliance
unauthorised cementation private Limited).
activities of
1. Mining Lease awarded by Madhya
Respondent 1 in
Pradesh Mineral Resource Department Village Itahara, Vide letter no. F2-69/07/12/1 dated Sannai and 16.01.2009. Annexure--4.
Sandhera, District Maihar, Madhya
2. First Mining plan approved by Pradesh, where Indian Respondent 1 was Bureau of Mines Vide order No. conducting 314(3)/09-MCCM(C)-MP-20 dated Environment 04.12.2009 - Annexure--5 and damaging mining subsequently renewed vide order no. E practice, 2736 MCDR - MPC0LST/17/2022-JBP-
irresponsible IBM_RO_JBP dated 28.07.2023 which is deforestation and valid upto 31.03.2025. Annexure--6.
violation of several
Acts, rules,
3.Environmental Clearance obtained from regulations and Ministry of Environment and Forest, guidelines of Government of India Vide F. No. J-
Ministry of 11011/700/2008-IA II (I) dated 23 March Environment and 2011 and subsequently name changed on Forest, which dated 24.01.2020. Annexure--7.
affected Natural
state of forest land,
4. Consent to establish obtained from Flora &
Madhya Pradesh Pollution control
Fauna, wildlife,
Board Bhopal Vide letter no.
Tribal Families life
7499/TS/Mine/MPPCB/2011 dated
and the Human
16.08.2011. And subsequently amended population in and vide Consent No. CTE 48530 around the dated10.07.2018. Annexure--8.
mentioned zone.
25. Consent to operate obtained from Madhya Pradesh Pollution control Board Bhopal Vide letter no.
8293/TS/Mine/MPPCB/2013 dated 14.11.2013. And subsequently renewed vide Consent No. AW 58830 dated 05.09.2023 which is valid upto 31.08.2024. Annexure--9.
Deforestation activities has been done with following permission by RCCPL Pvt. Ltd. (formerly known as Reliance cementation private Limited).
1. Forest clearance from Ministry of Environment and Forest (F.C. Division) Government of India vide F.No. 8- 66/2010-FC dated 14.01.2011 for 66.359 Hectares for Limestone Mining in Sadhera Block No. P-536. Annexure--
10. And Stage 2 clearances from Ministry of Environment and Forest (F.C. Division) Government of India vide F.No. 8-66/2010-FC dated 08.11.2011 for 66.359 Hectares for Limestone Mining in Sadhera Block No. P-536.
Annexure--11.
2.Compensatory afforestation lands awarded by forest department vide Gazette Notification No. F25- 62/2016/10-3 dated 28 June 2016 of Madhya Pradesh government. Annexure--12. 3.Working Permission for Mining in
diverted forest area has been obtained from Divisional Forest Officer, Satna vide letter no. 12651 dated 06.12.2017 and letter no. 2872 dated 13.03.2019.
Annexure--13.
4.Tree cutting Permission for diverted forest area 66.359 hectares has been obtained from Forest Range Office Maihar vide letter no. 1542 dated 06.10.2016. Annexure--14.
5.Compensatory afforestation Fund management and Planning Authority (CAMPA) and Net Present Value (NPV) Fund of Rupees 7, 60,92,784/- has been submitted vide letter no. F-
1/560/2010/10-11/1624 dated 31.05.2011. Annexure--15.
RCCPL Pvt. Ltd. (formerly known as 3 Reliance cementation private Limited)., has obtained approval for Wildlife conservation plan of Flora and Fauna from Principle Chief Conservator of Forest (Wildlife) Madhya Pradesh Bhopal vide letter no. 817 dated 30.01.2023 and accordingly as per direction of PCCF Bhopal amount Rupees 38.50 lakhs has been deposited on 03.08.2023 for protection measures of Flora and Fauna. Annexure--16.
Forest department stated that all rules and instructions issued from time to time by the Government of India and the State government are followed.
Annexure--29
2. Deep hole blasting, RCCPL Pvt. Ltd.
use of Heavy (formerly known as Reliance cementation machinery and private Limited)., carried out mining illegal operation as per following permissions- encroachment,
1. As per permission granted from irresponsible Director General of Mines Safety under mining Regulation 106(2)(b) of the Metalliferous transportation Mines Regulation, 1961 for conducting practices caused deep hole blasting and for use of Heavy heavy Air, Noise machinery vide letter No. and Soil pollution 361097/WZ/Jabalpur which affected the Region/Perm/2022/251177 dated well being of 18.12.2022. Annexure--17.
dependents. This also resulted in 2. Electrical shovels are being deployed in destroying the mine operation instead of diesel operated Panna - Sannai - to reduce the consumption, reduction of Bandhavgarh Tiger noise and Co 2 Emission.
Corridor which was one of the very 3. Two Numbers battery operated important Tiger Dumpers has also started as trial run for Movement Zone of shifting of excavated Limestone from Pit Central India. As a to Crusher to reduce the consumption, result, this not reduction of noise and Co2 Emission. only damaged the
4. Latest technology based ROC D50 drill natural habitat of machine with automated dust collector important specie and inbuilt water injection system for wet but also drilling has been deployed.
endangered the life of surrounding Controlled Blasting with Non - population and Electric delay detonator is carried out as wildlife. per permission granted under regulation 164 (1-B) of Metalliferous Mines Regulation, 1961 by Director General of Mines Safety Vide permission no.
4361097/WZ/Jabalpur Region / PERM/2023/252998 dated 10.02.2023.
Annexure--18.
Limestone is being transported through covered overhead conveyor belt having length of 7.5 Kilometers from mines to plant. And following measures has been adopted to control fugitive emission.
1. Bag filter and water sprinkler has been installed at belt conveyor transfer points.
2. Water sprinkling being done through water tankers and water sprinkling system on internal haul roads.
3. Green belt has been developed.
RCCPL Pvt. Ltd. (formerly known as Reliance cementation private Limited)., have Certified map Toposheet No. 63D/11, 63 D/12, 63 D/16 from Principle Chief Conservator of Forest (Wildlife) that No National park, Sanctuary, Biosphere Reserves, Wildlife Corridor, exist within 10 Kilometers form project site. Annexure--19.
Forest Department stated that within 10 Km radius of the excavation area. No incident of impact of these and wild animals has come to notice till date. Therefore the question of the remaining dose not arises. Annexure--
29 Madhya Pradesh Pollution Control Board Satna Laboratory has conducted a 24 hours monitoring to assess the Air, Noise and Soil pollution and the results are as given below Annexure--22.
1. Ambient Air (26.12.2023 &
27.12.2023):
S. Parameter Locations (Results) Unit Standar No d Limit L1 L2 L3` L4 (NAAQS ) 24 hours 1 PM 10 88.4 96. 82. 97. μg/ 100 8 6 68 m3 2 NO 2 15.3 14. 12. 20. μg/ 80 8 3 2 m3 3 SO 2 9.2 8.5 7.4 11. μg/ 80 3 m3 5 Note:
1. During Monitoring Wind Direction was found North -
West.
2. All parameter (PM 10, NO 2, SO 2 ) are found within the standard limit in all locations .
3. During Monitoring Weather was Clear & Foggy.
L1 - Near Shri Badri Patel house vill- Sadera.
L2 - Near Shri Dharmendra Khare house vill-
Shantipur.
L3 - Near Shri Nandi Lal Rawat house vill-
Sannai.
L4 - Near Shri Ram Naresh Patel house vill-
Itahara.
2. Noise : (26.12.2023) S. Noise Locations (Results) in dB (A) Standar No in dB Leq. d Limit (A) Leq. (NAAQS L1 L2 L3` L4 ) 24 hours 1 Day 50.41 48.38 52.36 53.63 55 Time 2 Night 39.25 37.24 38.71 40. 45 Time 56 Note: All results are Ambient Noise found in all location are within the standard limit.
(Day time 6:00 AM to 10:00 PM & Night Time 10:00 PM to 6:00 AM) L1 - Near Shri Badri Patel house vill- Sadera.
L2 - Near Shri Dharmendra Khare house vill-
Shantipur.
L3 - Near Shri Nandi Lal Rawat house vill- Sannai.
L4 - Near Shri Ram Naresh Patel house vill-
Itahara.
3. Soil : (26.12.2023) S. Parameter Locations (Results) Mg/l Unit No (NAAQS L1 L2 L3` L4 ) 24 hours 1 Lead (Pb) BDL BDL BDL BDL Mg/l 2 Zinc (Zn) BDL BDL BDL BDL Mg/l 3 Nickel (Ni) BDL BDL BDL BDL Mg/l 4 Chromium BDL BDL BDL BDL Mg/l (Cr) 5 Iron (Fe) BDL BDL BDL BDL Mg/l 6 Copper BDL BDL BDL BDL Mg/l (Cu) 7 Maganese BDL BDL BDL BDL Mg/l (Mn) 6 Note: All Parameters of Soil are found in all location are within the Below Detectable Limit.
(BDL- Below Detectable Limit) L1 - Near Shri Badri Patel house vill- Sadera. L2 - Near Shri Jitendra Vishwakarma house vill- Shantipur.
L3 - Near Shri Nandi Lal Rawat house vill- Sannai.
L4 - Near Shri Piyush Patel house vill- Itahara.
3 Respondent 1 Government of Madhya Pradesh has & others awarded Compensatory afforestation conducted land to RCCPL Pvt. Ltd. (formerly known compensatory as Reliance cementation private afforestation 60 km Limited)., vide Gazette Notification No. away from the F25- 62/2016/10-3 dated 28 June deforested zone 2016, at Birsinghpur tehsil, Satna which is absolutely district Annexure--12. and no way helpful in subsequently Compensatory restoration and afforestation Fund management and rehabilitation of Planning Authority (CAMPA) and Net Natural Flora & Present Value (NPV) Fauna and living Fund of Rupees 7, 60,92,784/- has space for wildlife been submitted by RCCPL Pvt. Ltd.
which got affected in
(formerly known as Reliance
Sannai - Sandhera
cementation private Limited) vide letter forest zone.
no. F-1/560/2010/10- 11/1624 dated 31.05.2011. For afforestation.
Annexure--15.
Reply submitted by the forest department letter Annexure--29. and its enclosure no.4.
4 Respondent 1 has RCCPL Pvt. Ltd. (formerly known as violated Central Reliance cementation private Limited) Govt. State Govt. has purchased Tribal families Land & Hon'ble after permission from District Collector Supreme Court's Satna vide case no. /18/A21/2023-24, laws of rehabilitation order dated 25.09.2023, as per by provoking and provision section 165 (6) of MP Land facilitating Tribal Revenue Code 1959. Annexure--20.
communities for
illegal encroachment
on unauthorised
forest land.
5 The other Ministry of Environment, Forest &
respondents who Climate Change, Integrated Regional
were responsible for Office Bhopal has visited the site for post
monitoring and EC compliance monitoring and
ensuring the accordingly certified compliance report
compliance of all the has been issued vide File No 5-
7
necessary rules, 21/2011(Env) dated 11.07.2023 .
regulations and Annexure--21.
guidelines instructed
MPPCB has conducted
by Ministry of
environmental monitoring 15.12.2015, Environment &
03.06.2017 & 20.05.2022 results are Forest, Government found well within prescribed limit. copy of India did not fulfil of report enclosed Annexure--22.
their duties as
Respondent 1 Compliance condition of consent
continuously verified by MPPCB dated 14.09.2021
violated rules, Annexure--9
regulations &
guidelines which
caused deep impact
on the nature,
wildlife, tribal
communities
surrounding
population.
6 That the mentioned Following Clearance has been
location is in Village obtained by RCCPL Pvt. Ltd. (formerly
Itahara, Sannai and known as Reliance cementation private
Sandhera. District Limited).
Maihar, Madhya
1. Forest clearance from Ministry of Pradesh which was Environment and Forest, Government of acquired by India vide F.No. 6-MPC060/2011- Respondent 1 for BHO/991 dated 12.06.2012 for 13.60 their Cement Plant Hectares for establishment of convey belt with the strict at Forest compartment No. P-534, 536, condition to comply 537 Annexure--23 .And Stage 2 to the rules, clearance from Ministry of Environment regulations and and Forest Government of India vide guidelines imposed F.No. 6 MPC060/2011-BHO/1682 dated by Ministry of 17.10.2012. Annexure--24 Environment and Forest. Respondent 2. Working Permission for establishment 3 issued a letter to of conveyer belt has been obtained from Respondent 4 for Divisional Forest Officer, Satna vide letter development of no. 955 dated 24.01.2013. Annexure--25 Conveyor belt with some conditions 3. Compensatory afforestation Fund and Respondent 4 management and Planning Authority forwarded that (CAMPA) and Net Present Value (NPV) letter to Chief Fund of Rupees 17038275/- has been Conservator of submitted by RCCPL Pvt. Ltd. (formerly Forest, Rewa, known as Reliance cementation private Madhya Pradesh.
Limited) as per DFO Satna letter no.
8157 dated 29.08.2012. for afforestation.Annexure--26
4. As per condition of above forest 8 clearances. Six monthly compliance reports is being submitted by RCCPL to Forest depart With reference of forest department Satna letter No 955 Dated 24.01.2013, Principle Chief Conservator of Forest (Wildlife) Madhya Pradesh Bhopal vide letter no. F-1/622/2011/10- 11/4317 dated 19.12.2012 and Ministry of Environment & Forest letter no.
6-MPC 060/2011-BHO/1682 dated 17.10.2012 is enclosed as Annexure--27.
7. That the forest land RCCPL Pvt. Ltd. (formerly known as of Sannai and Reliance cementation private Limited). Sandhera which Has obtained Tree cutting Permission for was allotted to diverted forest area 66.359 hectares from Respondent 1 for Forest Range Office Maihar vide letter no. their Cement Plant 1542 dated 06.10.2016 Annexure--14 project already and accordingly as per approved scheme caused by forest department forest range office, deforestation of 200 Maihar, district satna vide DFO Satna acres by cutting letter No. 3769 dated 22.04.2017 RCCPL almost 25000 trees Pvt. Ltd has deposited Rs 7147789/- to including some very forest department for cutting of listed important species. trees (13500 Nos) & transportation by forest department. Annexure--28 8 That the Respondent Tribal Families illegally encroached 1 has provoked and forest land outside mine lease area.
facilitated the Tribal
During the field visit on dated
Families for illegal
26.12.2023 DFO forest has informed that encroachment in forest department has issued 18 show unauthorised forest cause notice dated 13.06.2023 and also land by violating the release 18 no. of ―Bedakhali Adesh‖ rules, regulations (Annexure--7 of forest department) to and guidelines of tribal Families for vacating illegal Central and State encroached forest land. The information Government. This has given by forest department.
act of Respondent 1 not only Forest department stated that all rules and instructions issued from time violated the to time by the Government of India and guidelines and rules the State government are followed.
of Government but
Annexure--29
also affected the
lives of Tribal
Families as due to
illegal
encroachment if
unauthorised forest
land, the authorities
of Forest Dept
9
initiated legal case
against those
innocent tribal
people.
Respondent's act
physically,
mentally, financially
and emotionally
affected the Tribal
Families without
realising their
inconvenience for
their selfish
reasons. The
grievance of this
applicant is non
compliance of the
guidelines of Forest
(Conservation)
Act,1980 and
Environmental
(Protection) Act,
1986.
C. Observations:
1. No illegal mining and no mining was found in forest area the same are mentioned in ―Mauka Panchanama‖ Annexure--30 S. ML No. Illegal Illegal Consent EC No Mining Mining in valid upto (grant on . in Forest land dated ) revenue land ML 1 ML. No. F No No 31/08/2024 23/03/2011 2- 69/07/1 2/1, Khasra No. Many (Given in mining plan) at Village Sadhera, Tehsil Maihar, District Maihar, MP
2. No illegal mining as per District Mining Office letter No 2434 dated 27.12.2023 Annexure--31
3. Mine was in operational at the time of visit.
104. Mine was operated with Electric Shovel and Battery operated dumpers.
5. Fencing along the pit, Garland drain, siltation pond has been established by mine management.
6. Limestone was transported from mine to cement plant through fully covered elevated conveyer belt.
7. Plantation has been done at 27 hectare area in and around the lease boundary. Annexure 32.
8. Encroachment about 18 families has been observed in forest area.
9. For pollution control mine crusher has installed bag filters, water sprinkling arrangement, Sewage Treatment Plant for domestic water, Inbuilt water injection system and dust collector equipped drill machine.
10. Two no. of Continues Ambient Air Quality Monitoring System (CAAQMS) and PTZ camera has been installed by mine management in lease area.
11. No residential area found adjoining of lease boundary.
12. No heavy metal was found in soil sample taken in the location during site visit.
13. Ambient Air quality was measured at 04 locations, all location is in village and all location was away about 500 m to the mine boundary. All results are found within the standard.
14. Noise monitoring was also measured during site visit. All results are found in all location are within the standard.
D. Action Taken:-
1. Show Cause notice issued by Forest department for illegal encroachment in forest area. Annexure--29 (Annexure--7 of forest department)
2. ―Bedhkhali Notice‖ issued by Forest department for illegal encroachment in forest area Annexure--29 (Annexure--7 of forest department).
E. Recommendation:-
1. The lease holder should increase more plantation in and around the lease boundary 7.5 meter wide and min 6 fit height plant and ensure 95% survival 11
2. The lease holder should install mist fog water canon system for sprinkling on road.
3. Mine management should cover stone crusher feeding hoper with the flexible curtain / belts.
4. Water sprinkling system installed at crusher hoper seems under capacity. Mine management should install water pressurized fogging system at crusher hoper.
5. Ensure desilted of nearby ponds and increasing water harvesting structure in and around the mine area.
6. Long tree native species plantation along the belt conveyer so that noise intensity may further reduce.
7. Encroachers in the forest area should be rehabilitated.
5. The Ministry of Environment of Forest and Climate Change vide letter 23.03.2011 considered the application of the applicant along with final EIA report and public hearing report seeking environmental clearance report under the provision of EIA notification 2006 and based on the information submitted by the project proponent and the EIA, environment clearance was issued with the specific conditions and general conditions. Later on State Pollution Control Board has issued the CTO.
6. Notices were also issued to the Project Proponent and the respondent no. 1 has filed the reply with the facts that the Original Application is barred by limitations and the instant original application is filed seeking relief from this Hon'ble Tribunal that the wildlife of the Panna-
Sannai-Bandhavgarh Tiger Corridor be protected and to stop any activity which is damaging the Tiger Corridor. At this juncture, it is pertinent to point here that this particular relief falls under the ambit of Wildlife(Protection) Act, 1972 which is not a scheduled Act under the National Green Tribunal Act,2010 and hence this Tribunal is not empowered to adjudicate upon the same. Secondly, the Applicant has filed the instant Original Application under Section 15 of the Act under 12 which no remedy for restitution of environment or property is sought.
Moreover, the Applicant has made vague pleadings regarding the cause of action that accrued to the Applicant and has not specified the definite date on which the Applicant applied for Right to information or date on which she saw the news on Print Media, no cause of action can be ascertained, and thus the Original Application is barred by limitation.
7. That the Applicant has made emphasis on the rights of tribal communities and the forest rights which is beyond the powers of this Hon'ble Tribunal and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 does not fall under the Schedule I of the National Green Tribunal Act, 2010. Further, the Applicant has mentioned about the Resettlement and Rehabilitation (R&R policy) allegedly not complied by the answering Respondent, which again cannot be adjudicated by this Tribunal and making such reliefs beyond the scope of this Tribunal. Such allegations are nothing but sheer abuse of process of law. The Applicant has not raised any substantial question of environment as per Section 2(m) of the National Green Tribunal Act, 2010.
8. The Answering Respondent has purchased some piece of land in Itahara and Sannai for the Over Land Conveyor belt, while plant is located in most of village Bharouli limits. The Applicant without doing due diligence on her part filed the instant Original Application with an intention to harass the answering Respondent. Thus, the instant Original Application has been filed with malicious intention only on hearsay basis story and is sheer abuse of process of law. Certainly, this Original Application is designed with malicious intention to malign the reputation and well-established goodwill of the renowned Company-MP BIRLA GROUP, which has diversified business and is continuously 13 thriving to maintain a balance between development and environment.
Further, the Applicant is vaguely making statements with regard to the violation by the answering Respondent of several Rules and Guidelines issued by the Ministry of Environment & Forest.
9. Respondent No. 1 has submitted that company follows sustainable mining and environment friendly practices with strict compliance in accordance with all the applicable Acts, Rules and Regulations and as per the mining plan approved by Indian Bureau of Mines. The contention made by the Applicant that the answering Respondent does deep whole blasting, illegal encroachment, use of heavy machinery, no control over pollution, transportation and operation of their project and causing damage to the natural form of area are denied in totality being frivolous and without any proof. It is significant to mention here that the mines situated at Sandhera of the answering Respondent has been accredited five-star rating by Indian Bureau of Mines, Government of India for consecutively three-year 2019-20, 2020-21 and 2021-22. The copy of accredited excellence award and Certificates are collectively annexed and marked as ANNEXURE R/1-1. The same mine was also awarded State Level Environment Excellence award on 05.06.2023 by Honourable Chief Minister, Government of Madhya Pradesh through Madhya Pradesh Pollution Control Board and other awards by authorities, the copy of which are collectively annexed and marked as ANNEXURE R/1-2. Further, for the better management of flora, fauna & wildlife and other environmental consideration, sustainable mining operations like backfilling, reclamation & plantation are being carried out as per approved Mining Plan and the wildlife conservation plan has been prepared and approved by PCCF (WL) Bhopal. Copy of starting 10 pages of such approvals are collectively annexed and marked as ANNEXURE R/1-3(COLLY).(The Non-Applicant has annexed only few 14 pages from the plans to avoid bulkiness of the reply and shall present the complete plan as and when directed by this Hon'ble Tribunal).
Thus, compliance verification of the conditions imposed by the government of India are being done by forest department from time to time and no violation has been noted by Forest department till date.
The Respondent No. 1 is aware and understands its legal and moral responsibilities and therefore periodical environmental monitoring is being carried out so that mining operation doesn't affect human population in general and till now, no damage has been observed. As such, no single person has been displaced from the forest land, which is allotted to the answering Respondent with due process of law by the forest department. Therefore, there is no question of affecting tribal community or wild life in any way as falsely alleged. The answering Respondent uses the latest modern technology in its operations for the purpose of blasting and follow the Rules and Regulations and Guidelines issued by the respective authorities in this behalf. The answering Respondent has entered into an agreement with the Water resources department, State of Madhya Pradesh for extracting 7200 cubic meter water per day from river Tumus and when water is scarce in the river Tumus for any reasons, the answering Respondent can extract 5600 cubic meter water per day for which it has obtained necessary permission from Central Ground Water Authority. The extracted water is used for sprinkling water to control air pollution, for drinking purpose, and majorly for plantation, etc and for which the answering Respondent is paying hefty water tax of approximately Rs.
10,00,000/- (Ten Lakhs) per month which is much more than the other companies in industry pay in the same vicinity.
10. With regard to the transportation of mineral; the Respondent No. 1 has erected fully covered Overhead Conveyer belt from the origination of the 15 mines to the storage yard at plant site which is situated approximately 8 km away from mines which too is under covered storage yard. The Respondent has erected/constructed fully covered Over Land Belt Conveyer from the Mines to plant site and thereby there is nil transportation by road in so for as mining mineral is concerned.
However, within mines area normal trucks are plying for carrying the mineral from mining pit to the conveyer belt within mining area only.
The answering Respondent is complying with the norms of air pollution, noise and soil as prescribed by MoEFCC, MPPCB, CPCB and submits compliance report to the respective authorities from time to time. Thus, the allegation of the Applicant with regard to improper transportation leading to pollution is entirely misconceived and false as major Raw material is being transported to the plant for manufacturing cement is through Over Land covered conveyor belt. In order to curb the air pollution within mines area, the answering Respondent uses water sprinklers conservatively so as to save water as well as control air pollution. The answering Respondent are law-abiding organization and follow strict compliance as advised by authorities from time to time.
11. Respondent No. 1 uses the latest technology for the purpose of blasting, follow the Rules and Regulations issued by the respective authority in this behalf. Mining activities are carried out as per permission granted by DGMS under Regulation 106(2)(b) of the Metalliferous Mines Regulation, 1961 for conducting deep hole blasting and use of HEMM. Latest state of art-eco-friendly HEMM's (Electric Shovel, Drill machine with inbuilt pollution control measures like water injection system and dust collector, dumpers deployed with PUC certificate from Government approved agencies. No such adverse report 16 affecting wildlife has been noticed by forest department since inception of our mining operations.
12. Respondent is duly complying with the conditions imposed by the Ministry of Environment and Forest. It is worthwhile to mention here that closed and covered Over Land Conveyor Belt is erected by the answering Respondent to curb the pollution that may be caused due to transportation of the material and other mining activities. Thus, the material is silently transported by conveyor belt, mostly through corridor land allotted to the answering Respondent by the forest department, having considered the complete due process of law and thereby complying with all the terms and conditions of the permission granted. The Ministry of Environment, Forest and Climate Change (MoEFCC), Government of India vide its letter dated 12.06.2012 & 17.10.2012 has given sanction for erecting of conveyor belt with condition and the said conditions are complied fully. Forest department also makes visits from time to time to ensure whether the conditions imposed in aforementioned letters are being satisfied. Forest department always finds us in compliance to the condition imposed by Government of India. Copy of Letter dated 12.06.2012 and 29.08.2012 issued by MoEF and Forest Department granting sanction for erecting conveyor belt to the answering Respondent are annexed and marked as ANNEXURE R/1-4.
13. That the trees which were actually cut from some part of 66 hectares of land were cut with the due permission of the Forest Department and under its control and supervision and that too by the labourers engaged by the Forest Department. Also, the trees which were cut were taken away by the forest department and are in their possession. As a compensatory afforestation and to maintain the ecology, the answering 17 Respondent has planted 67,660 plants in the Cement plant area. The allegations put forth by the Applicant that compensatory afforestation is situated in Tehsil Birsinghpur, which is 60 km away from the deforested location does not fall under the ambit of the answering Respondent as it was the forest department which has allocated the land for compensatory afforestation and the answering Respondent has no right in deciding the area for afforestation. Thus, making allegations against the answering Respondent is wrong perse and is made just to harass the Respondent No.1. The answering Respondent has provided compensatory afforestation and a proper project report for alternative plantation scheme of 10 years from 2014- 15 to 2023 - 2024 was provided by the Forest department
14. That, as per guideline mentioned in the Forest Conservation Rules 2003, Part B Rule 2.1 that ―Compensatory afforestation (CA) is one of the most important requirement/condition for prior approval of the Central Government for diversion of forest land for non-forest purposes and the purpose of compensatory afforestation (CA) is to compensate the loss of 'land by land' and loss of 'trees by trees'.‖ Rule 2.3 (ii) Land for CA says that ―As far as possible, the non-forest land for CA is to be identified contiguous to or in the proximity of a Reserve/Protected Forest to enable the Forest Department to effectively manage the newly planted area.‖ And Rule 2.3 (iv) also says that ―in case, non-forest land for CA is not available in the same district, it should be identified anywhere else in the concerned/State/Union Territory near to the site of diversion as far as possible, so as to minimize adverse impact on the micro-ecology of the area.‖ Under the Rule 2.3 (v) that ―In exceptional cases where non-forest land for CA is not available in the same State/UT in which the diversion of forest land is proposed, land for CA can be identified in any other State/UTs, preferably in neighbouring 18 State/UTs. The corresponding amount for carrying out CA was deposited in the CAMPA account of the State/UT in which CA is proposed.‖ 15 The Learned Counsel for the applicant has raised the following points :
i. The Respondent No. 1 has violated National Rehabilitation and Resettlement Policy 2007 of Government of India by provoking and supporting illegal encroachment of Tribal community in unauthorised forest land. Respondent no. 1 has violated Madhya Pradesh rehabilitation Policy by not fulfilling the payment of instructed grants for rehabilitation of Tribal community. Respondent No. 1 has manipulated the Pollution Control Board by acquiring their NOC initially and not following the rules, regulations and guidelines of PCB to ensure pollution control and ignored the better grant of location of compensatory afforestation by setting it 60 km away from the affected area.
ii. Respondent no. 1 has not taken necessary steps to control air pollution due to sue of conveyor belt and hence violated the rules, regulations and guidelines of PCB and has violated the rules, regulation and guidelines of Forest Conservation Act 1980 by causing damage to habitat and original form of flora and fauna of the area.
iii. That the respondent has ignored the instructions issued by the MoEF&CC by not performing compensatory afforestation, prevention of soil erosion, top soil management, provoked and supported illegal encroachment of tribal community in unauthorised forest land and not compensating the tribal community fairly for the occupation and livelihood resources.
16. In reply to the above contention, the Learned Counsel for the respondent has submitted that the answering Respondent has paid an amount of Rs. 7,21,93,099/- (Seven Crores Twenty-One Lakhs Ninety-
Three Thousand Ninety None only) to the forest department (CAMPA Fund) towards NPV & compensatory afforestation Land admeasuring 19 80 Hectare land which is contiguous to the forest land in Bisinghpur tehsil, Satna District.
17. Mining activities by the answering Respondent are carried out as per permission granted by DGMS under Regulation 106(2)(b) of the Metalliferous Mines Regulation, 1961 for conducting deep hole blasting and use of HEMM. Latest state of art- eco-friendly HEMM's (Electric Shovel, Drill machine with inbuilt pollution control measures like water injection system and dust collector, dumpers deployed with PUC certificate from Government approved agencies. No such adverse report affecting wild life has been noticed by forest department since inception of mining operations.
18. That Mineral concessional Rules came into existence in 1960. In December 1961, the State of Madhya Pradesh has reserved this area for certain purposes. However, vide notification No. 388 dated 24th July, 1992 considering all the aspect in mind, the State had reserved the area for mineral concessional for large Industries. A copy of notification dated 24th July, 1992 is attached and marked as ANNEXURE -R/1-11. Also, the Applicant has alleged that the movement of tiger and other animals had been affected because of noise pollution is absolutely false. Infact, the Panna tiger reserve is approximately 125 km away / far from Sadhera mines of the answering Respondent. Thus, the question of affecting the movement of animals does not arise. No such corridor is found, heard or informed by any authorities so far. Instead there is no National Park, Sanctuary, Biosphere Reserves, Wildlife Corridor within 10 km ambit of the mines of answering Respondent. The Certified map of Forest department (PCCF) is annexed and marked as ANNEXURE- R/1-12.
Regular monitoring of Air, noise and vibration is in practice through 20 MOEFCC approved and NABL accredited laboratory and report is well within the permissible limit. In so far as blasting is concerned, the method of blasting is controlled blasting and done under the directions of Indian Bureau of Mines.
19. In order to have gap plantation and soil & Moisture conservation activities to restock and rejuvenate the degraded open forest as per scheme approved by Forest department, the answering Respondent had deposited an amount of Rs. 52,63,337/- with the forest department (CAMPA fund) and that the mining leases of the respondent no. 1 is in operation for last 8 years but not a single complaint is ever filed against the answering respondent.
Government authorities visited the mines from time to time for inspection and have shown green flag to the mining pit activities and its legal compliances.
20. The revised vide Conservation Plan which was submitted by the project proponent must duly examined and signed by department of forest with land used pattern, mining lease area, drainage pattern, climate rain fall data, flora and fauna of the area. While issuing the Environmental Clearance the MoEF&CC examined the matter and narrated as follows :
"integrated Cement Plant (Clinker 3.6 MTPA; Cement 5.0 MTPA) along with Captive Power Plant (75 MW) near Villages Bharauli & Itahara and Limestone Mines (Sadhera Mine, 3.5 MTPA, 539.561 ha) near Village Sadhera at Tehsil IVtaihar, District Satna, in Madhya Pradesh by Nils Reliance Cementation Private limited.
(Unit Maihar-I) reg. Environmental Clearance This has reference to your letter no, RCPUENIV/Maihar dated 1.02.2010 along with copies final EIA report and public hearing report seeking environment clearance under the praviuloi is of EIA Notification, 2006.
212,The Ministry of Environnient and Forests has examined the application for the above project.It is noted that Mis Reliance Cementation Private Limited have proposed to set up an Integrated Cement Plant (Clinker 3.6 MTPA; Cement 5.0 MTPA) along with Captive Power Plant (75 MW) at Villages Bharauli and ltahara Limestone Mine (Sadhera Mine, 3,5 MIPA, 539.561 ha) near 'Village Sadhera at Teihiil Maihar, District • Satna in 'Madhya Pradarih. Out of 539,561 ha. of mine lease area, minable reserves will be in the 66.359 ha. art forest area. -The first stage clearance approval for the diversion of 66.359 ha of forests land has been obtained under the Forest (Conservation) Act, 1960 on 14th January, 2011. The total minable reserve area is 245 ha. The lime stone requirement will be about 5.4 MTPA of which 3.5 MTPA will be met from the Captive Sadhera Limestone Mine and remaining from the adjoining mines namely Salaiya & Bandhi 1 Ghorwai mines: Total land required for proposed cement unit and captive power plant is 138 ha of which 135 is private land and 3 ha is Government land. Besides, 28 ha land is required for township which is private land. The area required for conveyor belt, railway siding and approach road is 35 ha which will be purchased from the land owners. Thus, the total land requirement for cement plant; CPP, colony, road and township and limestone mine' is 737.561 ha. A township is, proposed adjoining the clinker plant. There will be about 526 project affected households. No displacement of families is involved from the site of cement plant and CPP. About 321 will be the land outstees. There will be about 178 families who will be displaced from the mine lease area and 25 land outstees. Compensation will be paid to the project affected families with the mutual consent. The Captive Power Plant (75 MW) will be based on Circulating Fluidized Bed Combustion (CFBC) boilers. Public hearing of the project was held on 2IP December, 2009. Total cost of the proposed project is RS. 2,500.00 Crores. Rs. 200.00 Crores and Rs. 3.00 Crores has been earmarked towards the capital cost and recurring cost/annum for environmental protection measures.
3. It is noted that method of mining will be open cast fully mechanized, Mineral reserves are 74.8 million Tonnes. Life of mine will be 25 years. Ultimate working depth of mine will be 34 m below ground level.
4. Water requirement' will be 10,900 m3/day of which, fresh water requirement will be 9,500m3/day. Water requirement of 9,500m3/day will be met from ground source as well as from the mined out pits. Permission for ground water with drawl has been obtained from Central Ground Water Authority vide their letter no. 21-4(53)/NCR/CGWN2009-692 dated 23.09.09. No wastewater will be discharged from proposed clinkerization plant. Treated wastewater and water collected in mined out pits will be used for suppression of dust along haulage. Sewage will be treated in Sewage Treatment Plant and - will be reused for irrigation, dust suppression and cooling etc. Rain water will be harvested. Power requirement will be met from 22 the 75 MW captive Thermal Power Plant and 3 MW DG sets in the plant premises and 1 MW DG set at the mine.
5. To control the particulate emissions below 50 mg/Nm3, ESP for clinker cooler and bag filters to kiln and raw mill, coal mill and cement mill will be installed. Bag filters will be provided for de-dusting of storage areas, crushers and transfer points. Closed conveyor belts will be installed along with bag filters for efficient de-dusting of storage areas and transfer points. Drilling with dust collecting arrangement and control blasting will be carried .out. Water will be sprayed for dust suppression during limestone transportation. No solid waste- will be generated from the process. Material collected from air pollution control equipments (ESNs bag house / bag filters) wilt be recycled back in to the process. Fly ash from CPP will be reused in manufacturing of blended cement. Sewage sludge will he used as manure for greenbelt development. Scrap from stores / workshop will be disposed off through vendors. Municipal waste generated during construction and operation. period will be composted after segregation and used as manure and/oi. also used in kiln as alternate fuel. Waste oil and grease will be disposed through authorized vendors and also used in kiln as alternate fuel. Over burden from Mines will be dumped in earmarked area and used for backfilling and. green belt development. Green belt will be developed in cement plant and township in 55 ha and available space In limestone mines.
6. The Cement Plants and limestone mining projects are listed at S.N. 3(b) and 1(a) of schedule of EIA Notification, 2006. Since the capacity of the cement plant is above 1,0 MTPA and mine lease area is above 50 ha., this is a 'A' Category project and appraised by the Expert Appraisal Committee -1 (Industry) at the Centre.
7. The proposal was considered by the Expert Appraisal Committee (Industry) in its 10th meeting held during 17th -18th may, 2010. The Committee recommended the proposal for environmental clearance subject to stipulation of specific conditions along with other environmental conditions.
8. Based on the information submitted by you, presentation made by you and your Consultant J.M. Environet Pvt, Ltd., Gurgaon, the Ministry of Environment and Forests hereby accords environmental clearance to the above project under the provisions of EIA Notification dated 14th September, 2006 subject to strict compliance of the following Specific and General conditions:
21. The project proponent was directed to comply the conditions and objections raised by the joint committee and the respondent no. 1 has filed the affidavit cum compliance on behalf of the respondent no.23
1 with the facts that Joint Committee inspected the site and submitted some recommendations for betterment of environmental compliances .The Recommendations are submitted as follows :
Sl. Recommendation Compliance Status No. I The Lease holder should In the Sadhera Limestone increase more plantation in Mine around 54884 and around the plantations are carried out till date and survival rate of the lease boundary 7.5 meter wide plantation is 95%.
and min 6 fit height plant and ensure 95% survival The plantation will be increased by planting 5000 plants every year and survival rate of 95% will be ensured. Some photographs of existing plantation and green belt are marked and annexed as Annexure C/1.
2 The Lease holder Mist fog water canon system
should install mist fog water is installed in mine haul road
canon for water sprinkling.
system for
sprinkling on road
3 Mine management Fitment of flexible
should cover stone Curtain/Belts at crusher
crusher feeding feeding hopper is in process
and will be completed by end
hoper with the
of April 2024.
flexible
curtain/ belts.
4 Water sprinkling Existing water sprinkling
system installed at system is
crusher hoper
strengthened by arresting
seems under
leakages and cleaning the
capacity. Mine
nozzle. The pressure is also
management
increased by replacement of
should install
compressor.
water pressurized fogging
system at crusher hoper. Photographs is marked and
annexed as Annexure C/2
5 Ensure desilted of nearby For compliance of this,
ponds and increasing water Respondent No. 1 has already
harvesting completed the de-siltation of
ponds in the villages Sadhera,
24
structure in and around the Bihar kala, Bhadanpur,
mine area. Ajmain, Kakra, Karoundi 85
Kherwa. and the same was
acknowledged by the
respective village sarpanch's.
List of villages and Sarpanch's
letter are collectively annexed
and marked as Annexure Cl
3(Colly)
6 Long tree native Plantation of long tree native
species has been initiated
species plantation
along the belt conveyer.
along the belt conveyer so
that noise intensity may 690 saplings have been
further reduce planted. Photographs of the
same is marked and annexed.
7. Encroachers in the forest area No person has been displaced should be rehabilitated by the respondent no.1 from the forest land allotted to the company. Additionally, respondent no. 1 has given adequate compensation to facilitate the rehabilitation of all residents who were displaced from our mining lease area.
However, those who have illegally trespassed in forest land has already been issued notices by the forest department. Copy of the notice marked and annexed.
22. The submission and contention of the applicant is with regard to the facts of the year 2011which were examined by the concerned Ministry while granting the EC and all those matters, which were examined in 2010-2011 are not subject matter to be raised after more than 5 years and not within the purview of Section 14 and 15 of the National Green Tribunal Act.
23. Further questions as raised by the Learned Counsel for the applicant are encroachments or provoking the encroachments or not providing fair compensation or provisions for the rehabilitation and resettlement.
25These are the problems, which can be raised and agitated before the administrative authorities or at appropriate forum. This tribunal is not meant for rehabilitation or fair compensation or taking action for provoking anyone for supporting the illegal encroachments. If applicant or any one aggrieved if aggrieved by any action by any particular authority that action may be intimated to the proper forum for taking action. The applicant has alleged to increase the plantation within the area and it is reported that 54,884 plantations has been carried out till date with survival rate of more than 95% and the planning is to plant more than 5000 trees every year. There are provision for mist water canal system installed in the mine haul road for water sprinkling, fitment of flexible curtain/belts, strengthening of leakage sprinkling water system, desiltation of ponds and adequate compensation, rehabilitation in cooperation and assistance of the administration authorities. So far as the plantations are concerned the sufficient reply has been given by the project proponent in compliance of the Joint Committee Report. We again reiterate that the matter of compensation and encroachment may be raised before the collector concerned or the person/official dealing with the matter.
24. The prayer clause discloses to constitute a committee to examine the deep hole blasting and use of heavy machinery and this tribunal constituted a committee and committee has not find any material which may be in violation of environmental rules.
25. The allegations levelled in this applications has not been substantiated by any cogent evidence. Thus we found no violation of environmental rules and application has no merit at all, thus, deserves to be dismissed and accordingly dismissed. However, we direct the Divisional Forest Officer concerned and the Member Secretary, State 26 Pollution Control Board to periodically monitor the compliance of the conditions and enforcement of the environmental rules, Forest (Conservation) Act, 1980, Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 and in case of any violation necessary directions must be issued to comply with it and in case of non-compliance within a time bound necessary actions must be initiated according to rules.
26. With these observations the O.A. No. 176/2023(CZ) stands disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 15th April, 2024 O.A. No. 176/2023 K 27