National Green Tribunal
Dukalu Ram vs Ministry Of Environment, Forest And ... on 9 December, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item Nos. 05&06 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Hybrid Mode)
Original Application No.200/2018
(M.A. No. 615/2018)
(Earlier O.A. No. 319/2014 (CZ)
WITH
Execution Application No. 04/2019
IN
O.A. No.200/2018
Dukalu Ram & Ors. Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 09.12.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Saurabh Sharma, Advocate
Respondent(s): Mr. Shourajeet Chakravarty & Ms. Priyal Chaturvedi, Advocate for
Jindal Power Limited (R - 4)
ORDER
1. The issue for consideration is remedial action against illegal mining by Jindal Power Limited (JPL) (for the period from 2006 to 2015) and by SECL/CIL thereafter in Coal Blocks of Gare Palma IV/2 and Gare Palma IV/3 in Distt. Raigarh, Chhattisgarh particularly in the light of Expert Committee report dated 30.01.2017 (based on site inspection conducted on 23.12.2016 by Regional Office (WCZ), MoEF&CC, Nagpur in 1 pursuance of order of this Tribunal dated 16.11.2016) and further reports in the matter filed on 18.12.2017 and 14.06.2019.
2. The matter was dealt with inter-alia vide orders dated 16.11.2016, 18.04.2017, 31.07.2018, 14.02.2019, 31.07.2019 and finally 20.03.2020.
Reference to the said orders will be made in the later part of this order.
3. The illegalities found in the Expert Committee report dated 30.01.2017 are: (a) diverting forest land for mining, (b) causing pollution in the course of mining, affecting the crops of the farmers, (c) dumping of chemical and coal water into the fields, (d) increase in production capacity of the open-cast mine without clearance from the Ministry of Environment, Forest and Climate Change (MoEF&CC), (e) not complying with the EC conditions for developing green belt around the mining area,
(f) not sprinkling of water on the roads, (g) transportation of coal in open trucks causing air pollution, (h) causing ground water levels to recede which had adverse effect on the bio-diversity of the region, (i) loss of ecological services, (j) not providing health facilities to the victims of pollution, inspite of order of this Tribunal.
4. Case of the applicant in the application and documents on record is that the coal blocks were allotted to JPL on 23.05.1998. Mining lease was given over 964.650 ha in said coal blocks for electricity generation on 12.10.2004 by the Ministry of Coal and on 12.05.2005 by the Govt. of Chhattisgarh. EC was granted by the MoEF&CC on 22.09.2004 subject to certain conditions. It was mentioned in the EC that no R&R was involved.
Out of the said area, 48.20 ha is forest land and the remaining is the revenue land. Forest Clearance was granted on 10.12.2003. The coal mine was to feed the power plant of 1000 MW TPP, 9 km away from the mines. First phase of mining started in May 2006. Initial capacity was for 2 production of 5.25 Million Tonne Per Annum (MTPA). Expansion for production for 6.25 MTPA of coal was accorded by MoEF&CC on 12.06.2012 involving the same lease area. This expansion project also comprised component of 4.75 MTPA (800 TPH) of pit head coal washery within the mine lease. This production of 6.25 MTPA of coal was for meeting the requirements of 1000 MW linked TPP. Further the MoEF&CC amended the EC on 16.04.2015 in respect of certain 'specified' conditions. The grant of lease was challenged before the Chhattisgarh High Court in W.P. (c) No. 7864/2011, Karam Singh & Ors. v. State of Chhattisgarh & Ors. Interim order was granted on 02.01.2012. However, the company continued mining and applied for increase of coal production capacity. Though the EAC expressed unwillingness to accord such permission, the company continued capacity enhancement, including underground mining. No requisite safeguards were adopted during mining which adversely affected the inhabitants. No green belt was built, no sprinkling of water was done on the roads. Transportation was in open trucks causing pollution and affecting biodiversity of the area. Mining was also done in the forest area. The applicants filed several complaints and since no adequate action was taken, the present application was filed before this Tribunal on 22.09.2014.
5. On 25.09.2014, this Tribunal issued notice to the MoEF&CC, Chhattisgarh Environment Conservation Board and the Jindal Power Limited (JPL). The MoEF&CC filed its reply on 11.12.2014 to the effect that the JPL was bound to follow the conditions of EC for expansion of coal mine project granted on 12.06.2012 and also the provisions of the Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974 and Environment (Protection) Act, 1986.
3The Chhattisgarh Conservation Environment Board (CECB) also filed a similar reply on 15.12.2014.
6. By judgment of the Hon'ble Supreme Court dated 25.08.2014 in M.L. Sharma vs Principal Secretary & Ors., (2014) 9 SCC 516 allocation of coal blocks was declared illegal and by further order dated 24.09.2014 in the said matter reported in (2014) 9 SCC 614, compensation was directed to be deposited. In view of these developments, vide order dated 22.04.2015, this Tribunal impleaded Coal India as party as the coal blocks were reallocated to Coal India.
7. Reply to the application was filed by the JPL on 08.10.2015 stating that since Coal India was the designated custodian of the coal block in question in view of the order of the Delhi High Court dated 27.03.2015, JPL had no liability. Allegation of discharge of chemicals and violation of environmental norms was denied. It was also denied that the coal was transported by open trucks or that the green belt was not developed or that the other EC conditions were not carried out. Coal India filed its reply on 08.10.2015 claiming compliance of EC conditions on its part.
8. Vide orders dated 05.04.2016, 01.08.2016, 16.09.2016 and 16.11.2016, this Tribunal considered the issue of compliance of environmental norms. CECB was required to furnish a specific report whether JPL had complied with the EC conditions before Coal India taking over the coal blocks. In response to the said orders, in particular order dated 16.11.2016, the MoEF&CC filed its report on 30.01.2017 annexing a detailed site inspection report dated 23.12.2016 to which reference will be made later. We may only note that in the said report violations of EC conditions and 4 environmental norms during the mining were clearly found (Para
17). The said report has never been challenged.
The report was considered by the Tribunal on 18.04.2017 and it was observed that JPL is liable for non-compliance as it had carried operations since 2006 till the operations were taken over by Coal India (in March 2015) and thereafter liability is of CIL/SECL.
For this purpose, the Tribunal vide order dated 18.04.2017 constituted a Committee comprising of Joint Secretary, MoEF&CC and Joint Secretary of Ministry of Coal. The Committee was to give hearing to the parties and file a report before this Tribunal by 10.07.2017. Relevant part of the order dated 18.04.2017 is as follows:
"xx xx xx ... since the existing operations were carried out since 2006 at the site in question and for which the EC was granted, however, looking to the intervening factors the allotment was cancelled up to the point of time the Respondent No. 4 was in control of operations. The non compliance of the EC conditions make the Respondent No. 4 liable. They are responsible in terms of the non-compliances made and their impact and adverse consequences both to the environment and consequential adverse effect on the residents of the nearby villages also needs to be studied and determined. At the same time remedial measures both for the environment as also compensatory measures for the residents of the area who have been adversely affected also needs to be studied and compensation award considered.
xx xx xx ... We direct that the committee of two persons of the level of Joint Secretary one from the Ministry of Environment of Forest & CC as also a person from Ministry of Coal Mine Government of India be constituted for dealing with and submitting a report on the above issues before this Tribunal. The Secretary, MoEF & CC in consultation with the Secretary, Ministry of Coal & Mines, Government of India shall constitute the aforesaid committee. The committee shall be answerable to the Secretary MoEF and CC, Government of India for constituting their recommendation along with the report and observations and also fixing the liability on the respective project proponents that is Respondent No. 4 and Coal India Ltd. / SECL. This report be submitted before this Tribunal within two months.
5We further direct that the committee shall give a hearing to all the parties including the Applicant and the Respondents. The committee shall also be entitled to call the representatives of the experts with their reports / observations and recommendations including experts from ISM, CIMFR, CMPDI or any other experts as it may deem proper. The parties would be free to produce before committee all the material that has already been filed before us and forms part of the record or any other material that may be relevant for determining the issue.
We would further direct that both Respondent No. 4 and CIL shall deposit with the Registrar of NGT CZB a performance guarantee bond (a solvent security bond ) for an amount of Rs. 5 crores each for fulfilling any requirement of payment of compensation in case the need so arises in terms of the recommendations of the committee for compensating the affected persons and also for complying with the necessary conditions under the EC.
xx xx xx The said committee shall finally submit its report to this Tribunal on or before 10.07.2017. We further direct that the hearing in this matter shall be held at Bilaspur in Chhattisgarh by the said committee. It is also expected and directed that the committee for its own observations inspect the site in question and make a record of their observations. The first hearing of this committee at Bilaspur by the time and steps shall be notified by the Secretary MoEF to all the parties concerned."
9. In pursuance of the above, a report was filed before the Tribunal on 18.12.2017, which was considered by the Tribunal on 31.07.2018. The Committee confirmed the findings in the earlier report dated 23.12.2016 referred to above and found various deficiencies in the process of mining.
The observations and suggestions of the Committee are as follows:
"Observations and Suggestions:
(i) The Committee observed that the issues which emerged out of the original application filed in the Hon'ble National Green Tribunal, Bhopal and subsequent miscellaneous application, inter-alia include
a) Illegal Mining,
b) encroachment by the mining company in the village property,
c) damage to houses due to heavy blasting,
d) raging of fire,
e) impact of mining on Ambient Air Quality, water (surface & ground) quality, health of habitation, etc. 6
(ii) The compliance report as submitted by the MOEFCC Regional Office, Nagpur reported non-
compliance of various environmental conditions. It has been observed, that after the elapse of almost 8 months, there has not been any significant improvement in the compliance status. The custodian akin also seems to be not serious in effective implementation of the project. The Committee was of the view that pursuant to grant of environmental clearance, monitoring of project is the only criteria to assess the seriousness of the proponent towards environment. No significant improvement in compliance of environmental safeguards has been seen post December, 2016. It is a very sensitive matter and has direct implication with the public health, the SECL was therefore directed to take immediate necessary action for effective compliance of the stipulated safeguards.
(iii) Raging of fire in mining pit and OB dump is one of the sensitive issues, which was also contained in the order of Hon'ble NGT. The report submitted by ISM Dhanbad and CIMFR, Dhanbad was only an interim report. On a question to M/s SECL regarding final report in the matter, it was informed that the interim report has been submitted to the Ministry.
(iv) With regard to underground mining and non-compliance of the condition, the custodian akin has informed that the Company is presently not interested for underground mining. M/S SECL was directed to immediately take up the matter of deleting this component from the environmental clearance.
(v) Regarding diversion of Bendranallah, no sincere efforts have been taken so far. About 1230 m stretch of nallah flows along the mine lease. How the earlier proponent reported that compliance is not applicable? The custodian akin stated that the plan for diversion of Bendranallah as prepared by M/s JSPL was not found to be feasible and they are again drawing the same in consultation with CMPIDIL. The delay caused in the process of diversion shows non-seriousness of the proponents towards surface water quality. The earlier proponent worked in the area since 2006 and benefited with ore extraction and responsible for neglecting the interest towards social, and health aspect of the society residing therein. The custodian akin has to act immediately in the proposal and finalise the same within a period of four months, so that the quality of the water of the nallah well protected.
(vi) Construction of embankment of 5km length between river Kelo and mining lease was not complied so far. The conditions of the environmental 7 clearance are for compliance. This condition was for protection of surface water body from pollution caused due to mining operation. Despite operation of mine since 2006, the proponent has not shown any seriousness towards this important condition pertaining to surface water quality and therefore, it could be mentioned with certainty that the earlier proponent is more responsible for this non- compliance.
(vii) Topsoil is an important resource and requires utmost attention for its protection. Its formation is a very slow process and taking about 100 years for every inch of soil formation. We may not allow letting it go waste and therefore, this condition was specific to it. The Committee was informed that they have a topsoil dump of 8-10 meters height and soil is being used for reclamation and plantation. The ideal height of topsoil dump is 3 meters. The Committee felt that the top soil was not stored properly, therefore, the custodian akin should immediately initiate action for utilization of this important resource.
(viii) With regard external OB dump, it was informed to the Committee that there will be no new external OB dump. There is only one external OB dump and work of reclamation of dump is underway. No OB will now be dumped in to external dump. It was a new fact came to the notice of the Committee. The Committee asked, if it is true, why the proponent has not taken up the matter with the Ministry to get necessary correction in the environmental clearance letter? The custodian akin was asked to look into this aspect technically and compare the same with approved mining plan. If it is found true, immediate necessary action be initiated to get amendment in the environment clearance letter.
(ix) The coal transportation is being done by road, which is in violation of the clearance letter. The custodian akin should have taken action to get this condition amended.
(x) The internal roads were not black topped for which the earlier proponent is responsible to a great extent; however, the custodian akin has also not taken any initiative to comply with this condition. This needs to be done on priority as it will help in immediate abatement of fugitive emissions.
(xi) Raging of fire in the mining pit and dumps is really a cause of concern and needs immediate redressal. The Committee felt that the smoke from the fires (containing Carbon Monoxide & H2S) is creating health problems for the villagers. For quenching of fire, instead of clay pasting which is not very effective. The state Government and M/s ECL have to ensure no fly ash is dumped in the area. Due to fire 8 raging ambient temperature is increasing, which is adversely affecting the environment. Necessary timely action required to combat the fire and local people be involved in the fire fighting team.
(xii) Due to fire, the area is witnessing heavy smoke, which is adversely affecting the health of inhabitants and their livestock and other living beings. It is also resulting in increase in ambient temperature due to inversion, i.e. trapping of pollution close to ground. Necessary timely action is required to combat the fire and abate the pollution. Local people may also be involved in the fire fighting team.
(xiii) The Committee felt that despite rain on the day of site visit, the levels of air pollution in the area appeared to be on very higher side. It was difficult for them to continuously stay at the site. The custodian akin has to priorities this issue and take measures control the same, failing which it will badly affect the health of the locals.
(xiv) The development of green belt has been neglected both by the earlier proponent d the new custodian akin. They are not clear about the concept of greenbelt and always confusing with plantation. As the name itself explain the meaning of green belt, i.e. a belt of plants around the activity area to attenuate the pollution. The liability for non-compliance of environmental condition with regard to development of green beltlies more with M/s JSPL. Both, the proponent and custodian akin are responsible for non-compliance of this important condition. No one has taken up this condition seriously. If this condition was taken up seriously, the situation would not have been so alarming.
(xv) Depletion of water table is also a cause of concern as a result of mining. The water tables have been punctured as a result the mine drainage is very common resulting both surface and also ground water. As a result, the hand pumps in the surrounding villages are reported drying. The custodian akin has now the responsibility to look into this important aspect and ensure that further depletion of water table be avoided. With regard to this specific mine the custodian akin has informed the Committee that at present they have no plan to work the mine underground.
(xvi) In order to provide effective health facilities to the villagers, M/s SECL shall provide for weekly visit of a qualified medical doctor for medical checkup and provide medicine free of cost."
910. The report further dealt with the inter-se liability of JPL and SECL as follows:
"As regards the M/s Jindal Steel and Power Limited, following shortcomings were noticed by the Committee:
(a) No clearance obtained from MoEF for capacity enhancement, including underground mining.
(b) Mining activities being conducted at a distance of 10 meters from the settlements, leading to vibration and flying rock causing destruction to house and property.
(c) No green belt developed between mine and the village & Coal being transported in open trucks.
(d) NOC of Gram Sabha of the affected village not obtained before diversion of Forest land."
As regards M/s South Eastern Coalfields Limited following recommendations were made by the Committee:
(i) The environment clearance granted to the earlier allottee required it to develop a green belt. This, however, was not visible to the Committee Members. As the mine is no longer being operated by the earlier allottee, it is suggested that the present custodian should develop this green belt as per the estimate to be prepared by the Chhattisgarh Forest Development Corporation and as per specifications laid down in the EC. The expenditure of the same shall be borne by the earlier allottee.
(ii) While the EC condition mandated that there should be a distance of 150 mtrs. between the mine boundary and the habitation, this distance is ineffective in protecting the habitation from the ill-
effects of mining. The reason being that habitation is at much higher elevation than the mine and, therefore, the pollutants impact the villagers by being transmitted through the air. Due to mine fires, a significant quantity of CO and Sulphur was discernible in the air. It is, therefore, recommended that there should be a distance of atleast 500 mtrs. between the mine boundary and the villages. In addition, the present custodian should be directed to create a barrier, whether artificial or natural of sufficient height to minimize the impact of transmission of this pollution through the air. It may be mentioned 10 that the Committee Members did not see any encroachment by the villagers in the mine nor it seems possible due to the differences in elevation.
In order to provide effective health facilities to the villagers affected by coal mining, the present custodian should be required to depute a Doctor on a permanent basis to all the villages in the vicinity. Medicines to a certain limit, say Rupees one lakh per month, should be provided free of cost to the villagers. The Doctor should also be provided with a vehicle. The present custodian should install and maintain Air Quality Monitoring Stations at the habitation site which should be monitored quarterly by Regional officer, Nagpur of MOEFCC. The cost for the same shall be borne by the present custodian.
(iii) The lack of black - topped roads is a significant source of respiratory problems in the area and or air pollution. The State PWD should prepare an estimate for the black - topping of approach roads and internal roads which should be executed by the present custodian and cost borne by the earlier allottee. As the layout of internal roads shall keep changing as per the Mining Plan, the future needs should also be accounted for. In view of the non- implementation of the EC conditions by the earlier allottee, NGT may like to impose a suitable fine which could become part of the District Mineral Fund. This amount should be spent only on the villages affected by mining activities and be spent on civic amenities in these habitations, for example, recharging of wells, provision of drinking water, repair of house which have cracked due to mining activities like blasting, restoration of ponds and hand pumps and also of places sacred to the tribals, Community Centre etc.
(iv) The present custodian shall ensure complete quenching of mine fires within a limited timeframe and also ensure that no fly-ash is deposited by it or by any other agency or organization.
(v) The Committee also strongly feels that the State Government should review the cases against the villagers for redressal of their grievances."
1111. The report was accepted and an Oversight Committee was constituted for remedial action in the light of the report vide order dated 31.07.2018 read with 14.02.2019.
12. Accordingly, the Oversight Committee gave its report dated 14.06.2019 assessing monetary compensation for the violations and recommending further remedial action. The matter was considered on 31.07.2019 as follows:
"3. The report of the Joint Committee dated 14.06.2019 in respect of the remedial action to be taken has been furnished. Findings and suggestions therein are as follows:
"Based on the information and documents draft report with assessment was prepared to obtain concurrence of all committee members and expert members. Hence the second meeting of the committee was conducted on 07.05.2019 at Raigarh. The assessment report prepared for damage and restoration of environment is as under:
S. Non Method of Amount Enclosure
No. compliances calculation in
Crores
Assessment towards M/s Jindal Power Limited
1. As per Hon'ble Rate adopted 23.1044 Annexure -
NGT, the lack of in the estimate XII
black - topped are:
roads is a 1. For road
significant source and C.D.
of respiratory works as per
problems in the schedule
area and or air issued by
estimation of Engineer in
approach roads Chief C.G.
and internal PWD Raipur in
roads should be force from
prepared by 01.01.2015 &
State PWD. EE amended upto
PWD provided date.
detailed estimate
for construction
of coal transport
road at Gare
Pelma Coal Block
IV/2 & IV/3 in
Raigarh District
Total Road
Length - 5.84
Km
12
2. Green belt As per forest 28.90 Annexure -
development in conservation XIII
318.3345 act 1980 and
hectare area amendments
(33% of Lease time to time for
area i.e. 964.65 afforestation.
hectares) which Copy of the
includes 3 latest order
hectare area to dated
be developed 09.04.2019 is
around the presented in
habitation area the report of
for which DFO Raigarh
estimate of DFO
is attached
annexure XII
3. Non-compliance Methodology 23.124 Annexure -
of Environmental for assessing XIV
clearance Environmental
conditions (from Compensation
22.09.2004 to (EC) by CPCB:
16.04.2015 i.e. EC=PIxNxRxSx
3854 days) - No LFPL=
Green belt Pollution Index
development and of industrial
mining activities sector
at a distance of N=No. of days
10 m. from R= Factor in
settlements. Rs. For EC
Joint committee S= Factor for
has considered scale of
of EC conditions operation
as intentional LF = Location
discharge to Factor
environment -
land, water and
air resulting into
damage to the
environment
class (e) of
environmental
compensation
criteria.
4. Environmental Rates in 1.245 Annexure -
damage on Rupees/ ha XV
account of /year
ecosystem -water
services losses purification
as per report 2450/-
submitted by ISM -GW
Dhanbad- recharging -
Jharkhand 1269/-
-pollination -
10167/-
-carbon
sequestration
2442/-
13
-fuel wood -
5320/-
-Non Wood
Forest produce
NWFP -
17074/-
-Soil
conservation =
9024/-
Bamboo -
4274/-
Total Rs.
64555/-
64555*48.2*4
5. Excess mining @ As per notice 77.706 Annexure -
1MTPA from given by X
April, 2009 to Collector
March, 2011 (24 Raigarh based
months on excess coal
mined
recorded by
District Mining
Officer
Sub Total 154.8
Assessment towards M/s SECL
1. Non compliance Methodology 6.696 Annexure -
of NGT order for assessing XIV
dated 14.2.2019 Environmental
for Effective Compensation
health facilities (EC) by CPCB
to be provided to
villagers affected EC=PIxNxRxSx
by coal mining LFPL=
Non- compliance Pollution Index
of EC conditions of industrial
(from 17.04.2015 sector
to 07.05.2019 N=No. of days
i.e. 1115 days) R= Factor in
and lack of Rs. For EC
permanent S= Factor for
ambient air scale of
quality operation
monitoring LF = Location
station in core Factor
zone and buffer
zone. Joint
committee has
considered non
compliance of EC
conditions as
intentional
discharge to
environment -
land, water and
air resulting into
damage to the
environment
14
class (e) of
environmental
compensation
criteria
Sub total 6.696
Grand Total 160.78
xx xx xx "
13. The matter was thereafter taken up on 20.03.2020 and objections of Respondent No. 4 - Project Proponent (PP) filed in pursuance of order of the Hon'ble Supreme Court dated 30.07.2019 in Civil Appeal No. 2524/2019, M/s Jindal Power Limited v. Union of India & Ors. were also considered. The objections were rejected and report on the subject of assessment of compensation by the joint Committee was accepted.
Chhattisgarh Environment Conservation Board (CECB) was directed to prepare an action plan for restoration of the environment and utilizing the environmental compensation which was to be examined by the Committee comprising Regional Office MoEF&CC, Nagpur; CPCB; District Collector, Raigarh; Indian Institute of Forest Management, Bhopal and Indian School of Mines, Dhanbad. Further, directions were issued requiring District Collector to prepare and implement R&R plan, SCCL to implement time bound action plan for black top road and development of green belt around the lease boundary to be overseen by the State. SCCL was also to provide health facilities to villagers affected by mining, creating artificial barrier of sufficient height to minimize impact of air pollution and install 12 CAAQMS instruments (03 in mining areas, 01 in affected villages and 08 in non-attainment cities) with 07 years of operation and maintenance warranty with its connectivity to CPCB/CECB from consent funds of State Board. Compliance report was directed to be filed. Operative part of the order is reproduced below:
"xxx .......................................xxx..................................xxx 15
12. In above background, we have taken up the matter for further orders. We have perused the order dated 30.07.2019 passed by the Hon'ble Supreme Court in I.A. No. 109950/2019 in Civil Appeal No. 2524/2019, M/s Jindal Power Limited v. Union of India & Ors. which is as follows:
"The National Green Tribunal will consider all objections raised by all the parties to the three Member Committee's Report before passing any orders in this case.
The interlocutory application stands disposed of.
Mr. Mukul Rohatgi, learned senior counsel appearing for the applicant-appellant, informs us that he will require a week's time to file objections before the National Green Tribunal. The National Green Tribunal may consider this request of the applicant."
13. We have also perused the objections filed by the Respondent No. 4, Jindal Power Limited (JPL) on 13.08.2019 and the documents relied upon on behalf of the said party including affidavit dated 10.12.2014 submitted by Scientist-B of the MoEF&CC, Regional Office, Bhopal; compliance report dated 30.09.2016 filed by SECL before MoEF&CC; compliance letter dated 04.04.2018 submitted by SECL to the MoEF&CC; work order and photographs showing cross country pipe conveyor (CCPC) installed by JPL which is still in operation; work order granted to the contractor to widen the approach road of about 6.32 km. and the certificate of completion of the same; recent photographs of the approach road; work orders granted for construction of pucca (black topped/concreated) internal roads with total length of about 4.5 kms inside the mine lease area; recent photographs of the pucca (black topped/concreated) internal roads; affidavit dated 16.09.2016 filed by the CECB before this Hon'ble Tribunal in O.A. No. 200/2018; affidavit dated 08.10.2015 filed by SECL (Coal India) before this Hon'ble Tribunal; photos showing developed green belt around the coal washery unit, crushing unit, stock yard, near transfer points and along the roads; reply dated 15.12.2014 of the CECB; documents evidencing the payments against NPV; show cause notice dated 24.12.2018 issued by the Collector, Raigarh and reply submitted by M/s JPL vide letter dated 17.01.2019. We have also perused written submission filed on behalf of the applicants on 09.12.2019 to the objections filed by Respondent No. 4.
14. We have heard learned counsel for the applicants, Respondent No. 4, CPCB and MoEF&CC. We have also perused further written submissions filed in pursuance of order dated 27.02.2020 by the applicants on 05.03.2020 and by Respondent No. 4, JPL on 12.03.2020.
15. Before we consider the objections now raised by JPL to the report dated 14.06.2019, we note that there first report on the subject of violation of environmental norms and EC conditions first by JPL (during 2006 - 2015) and later by SECL was filed by the MoEF&CC on 30.01.2017 which was dealt with by this Tribunal on 18.04.2017. Second report dated 18.12.2017 was thereafter filed by joint Committee confirming the findings in the report dated 16 30.01.2017. The said second report was duly accepted by this Tribunal vide orders dated 31.07.2018 and 14.02.2019. The said reports and the orders of this Tribunal are not under challenge and have attained finality. Report dated 14.06.2019 which is subject matter of present consideration is execution and quantification of the damage found in the earlier reports which have become final.
16. We may now refer to the first report of the MoEF&CC filed on 30.01.2017 based on site inspection dated 23.12.2016. In the said report, it was inter-alia found that there was non-compliance of EC conditions by JPL while conducting mining from 2006 to 2015 in failing to black top the roads causing respiratory problems to the inhabitants in the area, not providing green belt, discharging pollutants on the land, water and air affecting the eco-system and doing excess mining. The findings are reproduced below:
"1. RAGING FIRE IN THE GARE IV/2 & IV/3 COAL BLOCKS i. Gare Palma coal block IV/2 & IV/3 is located in the south Eastern part of the Mand Raigarh Coalfield. The Gare area is divided into four sectors i.e. section I-IV. Sector IV is further subdivided into 8 sub sectors viz. IV/1 to IV/8. Gare Palma IV/2 & IV/3 OCP was first allotted to M/s Jindal Power Limited in July 1998. However, as per the direction of the Hon'ble High Court of Delhi, the SECI has been appointed as custodian of the said mine. The SECL has taken over the charge of Gare Palma IV/2 and IV/3 on 1.05.2015.
ii, During the intervening period due to prolonged exposure of coal bench, spontaneous combustion i.e. self-heating fire had started in loose and blasted left out coal at various locations in different seams of the mine. In addition, fire has also occurred in OD dumps also which was further aggravated by dumping of corboneaous material. Fire was dealt by mine management using fire tender and placing water pipelines upto the fire site. Despite their efforts, fire continued to rage at several places in coal bench and in OB dumps.
iii. The representatives of the User Agency have informed that initially raging fire was noticed at 15 locations in mining pits as well as in OB area. However, due to continuous efforts of the PP the raging fire at several locations has been quenched while efforts to quench the remaining fire are still on.
iv. In pursuance to the instruction contained in the Hon'ble NGT order, the SECL has assigned a study to the ISM, Dhanbad and CIMFR, Dhanbad on the issues related to inventorization and management of the raging fire in the mining lease area. The ISM, Dhanbad, and CIMFR after carrying out survey of the area submitted an interim report on control and prevention of fire in Gare pelma OCP to the SECL on 30.11.2016 containing its recommendations for the management of raging fire. The 17 recommendations made by the ISM Dhanbad are given at Annexure-I. v. The representative of the PP have informed that based on the thermal survey conducted in consultation with the ISM Dhanabd and CIMFR, Dhanbad total 23 sites have been identified including 15 sites reported earlier, were observed in the mining area. Status of raging fire in the various sites as reported by the ISM, Dhanbad and CIMFR, Dhanbad in their interim report is given at Annexure-II.
vi. The representatives from the User Agency have informed that in accordance with the recommendation of the CIMFR and CMPDIL Ranchi, the following measures area being taken by the PP:
(a) Fire fighting arrangements, as per the recommendation contained in the report have been initiated and are being implemented. However, during the inspection, with regards to efforts made by the PP towards making the fire fighting arrangements, following is observed:
(b) The PP has informed that fire in the mining pit has been quenched completely. However, at places where raging fire still exist, it will be quenched soon. The PP has also informed that in the area near excavated pits, raging fire develops to spontaneous heating of exposed corbonaous material.
(c) A water pipeline has been laid to ensure continuous supply of water to fire raging sites.
(d) Concrete fire fighting arrangements are yet to be implemented by the PP.
(e) With regards to the procurement of fire fighting equipments like fire tankers, and chemical, it is observed that two water tankers have been engaged for fire fighting. It was also informed by the PP that fire fighting chemicals viz. Sodium Silicate & D.A.P. (Di Ammonium Phosphate) are being procured and after their procurement, the mixture of chemicals will be used to quench fire in OB area.
(f) The PP have also informed that operation of the mine has been carried out as per the provisions and approval of DGMS (Directorate General of Mines Safety) and CECB (Chhattisgarh Environment Conservation Board).
(g) The PP has also informed that good housekeeping practices are being adopted for early detection of fire.
However, during the inspection, it was observed that constant vigil coupled with good housekeeping 18 practice is mandatory for tackling the existing and likely raging fire effectively.
(h) The PP has also informed that fire fighting team has been set up. However, detail of the team has not been made available.
(i) With regards to raging fire in the close proximity of inhabited areas such as Kosampali and Sarasmal villages which are located at a distance of approximately 80-160 mts from the boundary of mining lease, the PP has informed that expeditious measures will be undertaken to quench fire in such areas. The PP has also informed adequate precautionary measures will also be undertaken to prevent incidence of raging fire in the proximity of habitation.
(j) The PP has also informed that monitoring of the air quality will be done on regular basis with a view to keep the air quality within the prescribed limits.
vii. The representatives from the local CBO and villagers have reported that raging fire in the mining lease has been occurring since the commencement of mining operations as no concrete efforts were made by the PP to quench the raging fire in mining pits and OB areas.
viii. During the inspection also, it was observed that raging fire still exists at several locations in the mining pit area as well in the OB dumps. The smoke produced by the raging fire has transformed the local atmosphere into a turbid atmosphere emission of smoke from the raging fire contains toxic gases, including carbon monoxide and sulfur dioxide, Imo cue from the fire is causes rising levels of carbon monoxide and Sulphur dioxide which is detrimental to the local environment as well as to the health of nearby residents. The local villagers have also reported that efforts to quench fire have been initiated only after they have moved an application in the NGT, Bhopal.
ix. During the inspection, after observing the raging fire and also the submission made by the local villagers, the PP has been advised to implement the recommendation before the onset of summer season as the concern for increased fire may deepened in the coming summer season.
2. IMPACT OF MINING ON LOCAL ENVIRONMENT It was observed that raging fire coupled with the fugitive emissions from the mining lease have transformed the local environment which is disastrous to the health. Transportation of coal through trucks instead of conveyor belt, poor management of internal roads, dumps, etc. are adding to the degradation of local environment. The better 19 housekeeping practices, proper management of internal roads, OB dumps, etc. needs to be strengthened by the PP.
3. IMPACT OF MINING ON GROUND WATER AND OTHER LOCAL WATER RESOURCES i. It is reported by the custodian PP that water quality is being monitored on quarterly basis by the CMPDIL. The original allottee in its compliance report has earlier reported that peizometers at three locations have been established, as per the provisions contained in environment clearance.
ii. It was observed during the inspection that water sources specially ponds and handpumps in the adjacent village of Kosampalli and Sarasmal have been dried up. Two ponds, in the village of Kosampalli and Sarasmal villages have been observed to be dried up resulting into the difficulty for villagers to carry out activities linked to the village pond such as cattle rearing. The villagers have also reported that local currently, 15- 17 handpumps, installed during 1995-96 in the villages to meet drinking water needs, have also been dried up and the villagers are now totally dependent on alternate water supply provided through the pumps installed by the local panchayat. In the event of power breakdown, the drinking existing water supply also ceases resulting into the drinking water crisis for villagers.
iii. The representative of CBO has also informed that recently a situation analysis of the impact of mining on local resources was undertaken by the independent experts. A copy of the report, as made available by the representative of the NGO is enclosed at Annexure-III. Complete details of credentials of experts who have undertaken the study have not been provided in the said report. It is inter-alia mentioned in the report that water resources of the region have been contaminated and the underground water is not potable.
iv. Out of the dried ponds of the villages, one (Sarasmal village) is located near to the mining sump area and the sump has adequate water to meet the water requirement of the area. The PP has been advised to regularly fill the pond of the village by using sump water from the mining void as it may re-charge the ground water resources of the villages.
v. In additions to above, it is also observed that local nallah named Bendra Nallah (tributary of Kelo river) which was required to be diverted in accordance with the environment clearance has not been diverted so far and it is reported to be generally laded with coal dust, released from the existing mining lease, IV/1 and mining lease of Hindalco located on the bank of the nallah. Provisions stipulated in the environment clearance to regularly monitor the quality of water needs to be 20 strengthened and rigorously implemented in consultation with an independent agency.
vi. Another local nallah named Karra (tributary of Kelo river) located between village Kosampalli and Libra village was also observed to be laden with coal dust rendering it black colour. During the inspection, it was gathered that discharge from the CHP of the PP is poured into the nallah causing its contamination.
4. MINING VIS-A-VIS SOCIOECONOMICS OF THE LOCAL VILLAGERS It has been observed that mining so far has been restricted to 450 ha area only. The total lease area of the coal block is 965 ha comprising of 48.209 ha of forest land. The PP has reported that so far mining operation have been carried out in approximately over an area of 450. The remaining area out of 965 ha has been observed to be used by the villagers for agriculture. A road connecting the village of Kosampalli and Sarasmal is also passing through the lease area which as per PP will be dismantled during the expansion phase of the mining lease and the villagers will be provided access through alternate road. The local villagers have informed that due to mining their socio-economic development has come to standstill as the water resources of the village, indispensable for socio-economic development have been dried up. At present, the village of Kosampalli, is surrounded by the mining lease of Gare Pelma IV/2 & IV/3 on three sides. The distance of the village from the boundary existing lease ranges from 20 meters to 300 meters. Nearest mining pit from the village of Sarasmal appears to be located within a distance of 500 meters i.e. mining pit is located at a distance not permissible as per the existing guidelines of DGMS. Location of the village in such a close proximity of the mining lease has undoubtedly impacted the local resources and ultimately the socio-economic regimes of the local habitants. The PP has informed that they have initiated socio-economic development of the area under the CSR with a view to enhance the socio-economic development of the area.
It was also gathered during the inspection that so far mining operations of the PP are limited to approx 450 ha and the PP has obtained environment clearance for increased production from 5.25 MTPA to 6.25 MPTA. To achieve the production of 6.25, the mining operations are required to be extended over the entire area of approx 965 ha. Expansion of mining project will certainly have adverse impact of the villages surrounded by the mining lease of the PP.
5. DEMARCATION OF LEASE BOUNDARY It was observed that the PP has fenced the area under mining. However, proper demarcation of lease boundary of entire 965 ha was not observed during the inspection. Boundary pillars were observed only at few locations. The representative of the 21 User Agency have informed that so far Differential GPS survey of the mine has not been completed and after completion of the same the lease boundary shall be demarcated by erecting concrete pillars of appropriate height bearing forward and backward bearings of their geographical location,
6. COMPLIANCE OF CONDITIONS STIPULATED IN THE ENVIRONMENT CLEARANCE It has been observed that pending the decision on the mining lease in the Hon'ble High Court of Delhi, the provisions contained in the environment clearance have not been complied with for most of the conditions. Though the custodian company M/s SECL has been complying with the conditions stipulated in the environment clearance yet there efforts observed to be too meagre to effectively ensure compliance of environment clearance. Summary of the major findings on the status of compliance of conditions stipulated in the environment clearance is given as under:
i. Most of the conditions compiled in the environment clearance viz. air quality monitoring, ground water monitoring, implementation of Wildlife Conservation Plan, etc. are not complied with properly. From the previous compliance submitted by the PP it is observed that original allocattee has initiated efforts towards their compliance, however, for want of proper follow up and also change in the PP the same are complied with effectively.
ii. Measures to arrest silt in the lease area have been observed to scanty, as the silt have been flowing into the agricultural fields of local villages. Management of internal roads was observed to be poor. No drainage system was observed to be in place along the internal roads.
iii. No green belt in the lease area of the PP has been observed. Moreover, no plantation on the sides of the road, on the 08 has been observed.
iv. Embankment to be construction along the Kelo river was not observed. Prominent catch drains and garland drains were not observed in place may be because of their poor management.
v. Management of OB is not in accordance with the provisions stipulate in the environment clearance.
vi. Ground water monitoring being done by the PP needs to be strengthened as the local water sources observed to be dried up.
17. The report also annexes an interim report of the ISM, Dhanbad and CIMFR on the subject of control and prevention of fire in Gare Pelma OCP. It is not necessary to quote the recommendations which are contained in Annexure-I to the report. The report gives detailed 22 status of compliance of EC conditions in Annexure-IV in a tabular form reproduced below:
" S. No. Conditions stipulated Status of compliance A. Specific conditions
(i) Maximum production by opencast Being complied with mining shall not exceed 6.25 MTPA The PP has mentioned the production and that by underground mining shall is going on from Opencast mine. UG not exceed 0.75 MTPA. The mining has not yet started. The maximum combined production at any representative has also informed that given time shall not exceed 6.25 at present the maximum production MTPA from both opencast and realized is approximately 4.5 underground mining. million tones.
(ii) The mining operations shall be Being complied with opencast during the first 34 years Mining operations, by the original and underground mining shall begin PP, have been started in the year from the 3rd year and continue until 2012. Based on the information the end of mine life. provided by the PP, it is observed that original PP has already started construction of incline for underground mining and incline upto a length of 800 meters has already been constructed out of the total length required of 1200 meters.
(iii) Before starting underground Not complied with mining, the void shall be properly Thought the UG mining has not been backfilled, stabilized and reclamation started yet the incline over a length undertaken. Sufficient parting shall of 800 meters has already been be maintained between the bottom constructed by the PP. Nothing has most OC seam and top most UG been reported on reclamation of seam. void.
(iv) Diversion of Bendra Nala flowing Not complied with through the ML area for a total The original PP i.e. M/s Jindal length of 1230 m shall be Power Limitedhas reported undertaken under the supervision of compliance as not applicable. While Hasdeo Kacher Water Resource custodian company i.e. M/s SECL Department (WRD), Silaspur. The has reported that no diversion of diversion channel of Sendra nala Nala has been done so far.
shall follow the natural gradient and From the compliance report submitted join at the point of original exit at the in the past in the year 2015, it was ML boundary in its original course, so observed that permission has been that the downstream users of Sandra obtained by the PP from the Water Nala are not affected due to the Resource Department, Government of proposed diversion. Monitoring of Chhattisgarh, MoEF&CC, New Delhi water quality of River Kelo and and Chhattisgarh Environment Sendra Nala upstream and Conservation Board for diversion of downstream of the mine shall be Bendra Nala on 4.04.2011, monitored as per General Standards 12.06.2012 and 28,01.2013, prescribed under EPA Rules, 1986 respectively. It is also informed by and data thereon uploaded regularly the PP that said Nala will be diverted on the company website and also under the supervision of Hasdeo furnished as part of the Compliance Kacher Water Respurce Department, Report to MOEF RO, Bhopal. after obtaining approval of the diversion plan which has been submitted to the concerned Department on 7.12.2013. No updated status of the proposal for diversion of Nala has been reported by the PP.
It is also informed by the PP that IIT Kanpur has been engaged for monitoring of water quality report of River Kelo and Bendra Nala. A copy of the report pertaining to the year 2014 has been submitted. No updated reports on the water quality. From the examination of the report pertaining to 23 the year 2014, all the attributes pertaining to the water quality have been reported within permissible limits. However, no updated water quality report has been made available by the PP.
The local villagers and representatives of local NGP have reported that water sources in the region have become contaminated especially Bendra Nala, Kharra nallah and Kelo river. It is informed by the villagers that water laden with coal dust from the CHP and mining leases of the PP is discharged into the Nallah resulting into its contamination.
It is observed that no efforts so far have been made by the PP for diversion of Nala. The custodian PP has informed that necessary action in compliance to this condition shall be undertaken in due course.
(v) Mining shall be carried out as per Not complied with statute at a safe distance from River The original PP i.e. M/s Jindal Power Kelo. The embankment of 5 Km length Limited has reported compliance as being constructed between River Kelo not applicable. While custodian and the ML boundary shall be at least company i.e. M/s SECL has reported 6m higher than the HFL of River Kelo. that mining is carried out at safe distance of 2.6 km from the river Kelo.
The original PP in its compliance report submitted in the year 2015 has reported that mining is being carried out at a safe distance and embracement of sufficient length and height will be constructed between the River Kelo and ML boundary.
However, during the spot inspection no embankment was observed along the boundary of the ML with the river Kelo as stipulated in the instant condition.
(vi) The proponent shall strengthen the Not complied with embankment along the diverted The original PP i.e, M/s Jindal Power stretch of the Bendra Nala and along Limited has reported compliance as River Kelo adjoining the boundary of not applicable. While custodian the mine using large boulders in wire company i.e. M/s SECL has reported mesh along diverted Bendra nala and that mining is carried out at safe then along the eastern bank of Kelo distance of 2.6 km from the river Kelo. river and grouting of weak portions of No such structures were observed the embankment to protect the mine along the boundary of the ML from flooding. The slope of the coinciding with the river Kelo. embankment towards the river shall at least 1:3 for stability and shall be stabilized with plantation using native species selected from the study area.
(vii) Top soil shall be stored in the Not complied with earmarked area and used for green No separate area earmarked for belt development and for storage of top soil has been observed. plantation/reclamation within a year Further, no green belt development of its generation. Green belt programmes of plantation were development shall be completed observed in the mining lease area of within the first 3 years of mining the PP. No efforts were observed operation. towards the development of green belt. The custodian PP has initiated, in the year 2016, plantation programme in consultation with the Chhattisgarh Van Vikas Nigam. However, no 24 protection measures to ensure survival of the plantation were observed at the plantation site. Further, the area used for plantation so far is negligible than the actual area available for carrying out plantation. Blank space in the mining lease, road side plantation, etc. should be taken for massive plantation. The custodian PP has been advised to strengthen the plantation drive for green belt development and to incorporate appropriate protection measures by employing fulltime watchman
(viii) OB shall be stacked at earmarked Partially complied with external 08 dumpsites of 48.40 ha The custodian PP has informed that within ML area. The maximum height OB is being stacked at designated of the external 08 dump shall not sites. It was observed provisions exceed 60m. The ultimate slope of the contained in the conditions have been dump shall not exceed 28°. Monitoring compiled fully as the slope of the 08 and management of existing was observed to be more than 280. No reclaimed dumpsites shall continue dumping site has been observed to be until the vegetation becomes self- reclaimed with plantation i.e. OB no sustaining. Compliance status shall plantation has been carried out on the be submitted to the Ministry of OB.
Environment & Forests and its Regional office located at Bhopal on yearly basis
(ix) Catch drains and siltation ponds of Partially complied with appropriate size should be The original PP i.e. M/s Jindal Power constructed to arrest silt and Limited has reported compliance as sediment flows from soil, OB and not applicable. While custodian mineral dumps. The water so company i.e. M/s SECL has reported collected should be utilized for that Catch drains and siltation ponds watering the mine area, roads, green of appropriate size have been belt development etc. The drains constructed to arrest silt and sediment should be regularly de-silted and flows from soil, OB and mineral maintained properly. dumps.
However, during inspection no catch drain and siltation ponds were observed the same appear to have been silted up for want of appropriate management practices. Conservation measures to arrest silt and other material from the lease were observed to be poor and needs to be strengthened by the PP.
(x) Garland drains (size, gradient and Partially complied with length) and sump capacity shall be The PP has reported that garland designed keeping 50% safety margin drain 3 x 3 meters has been over and above the peak sudden constructed. However, no update rainfall and maximum discharge in details of the garland drain i.e. total the area adjoining the mine site. length and number of garland drains Sump capacity shall also provide constructed in the lease area could be adequate retention period to allow made available by the PP. Moreover, proper settling of silt material. certain OB were observed without any garland drain especially in the OB dumps located adjacent to the Bendra Nallah resulting into the flow of silt into the Bendra Nallah.
(xi) Dimension of the retaining wall at the Partially complied with toe of the dumps and 08 benches The PP has informed that toe wall of within the mine to check run-off and appropriate dimension has been siltation shall be based on the rainfall constructed around OB dumps data. additionally plantation has also been carried out on OB dump and its slope.
However, during spot inspection no sign of plantations were observed on 25 the OB dump and slope.
(xii) During underground mining, while The PP has not yet started UG mining.
extracting panels in the lower seam, It is observed that original PP has all water bodies in the subsidence already started construction of incline area shall be drained. Dewatering of for underground mining and incline the old goaves of the upper seam upto a length of 800 meters has shall be continued as long as the already been constructed out of the lower seam is worked to prevent total length required of 1200 meters. accumulation of large water bodies over working area. At the time of depillaring, protective bunds and garland drains shall be provided so that no water from the surface enters the subsidence area and the shaft.
(xiii) Sufficient coal pillars shall be left unextracted around the airshaft (within the subsidence influence area) to protect from any damage from subsidence, if any.
(xiv) Solid barriers shall be left below habitation, agriculture land, roads falling within the blocks to avoid subsidence. No depillaring operation shall be carried out below the roads and habitation area found within the lease. In case of subsidence, the land shall be acquired and compensation provided as per policy/rules.
(xv) Regular monitoring of subsidence movement on the surface over and around the working area and impact on natural drainage pattern, water bodies, vegetation, structure, roads, and surroundings shall be continued till movement ceases completely. In case of observation of any high rate of subsidence movement, appropriate effective corrective measures shall be taken to avoid loss of life and material. Cracks shall be effectively plugged with ballast and clayey soil/suitable material.
(xvi) Crushers at the CHP shall be The PP has not yet installed Crushers operated with high efficiency bag and CHP in the mine area. However, filters/water sprinkling system shall CHP of the original allottee in the area be provided to check fugitive outside the lease, where all the emissions from crushing operations, activities related to the CHP are being conveyor system which shall be performed by the PP. closed, haulage roads, transfer points, etc. (xvii) Drills shall be wet operated only Being complied with The PP has informed that the drills are wet operated.
(xviii) Controlled blasting shall be practiced Partially compiled with with use of delay detonators and only The PP has informed that the during daytime. The mitigative controlled blasting is being practiced measures for control of ground by the User Agency. vibrations and to arrest the fly rocks However, during the spot inspection it and boulders shall be implemented. was observed that adequate mitigative measures for control of ground vibrations need to be taken by the PP. Prominent ground vibration even at a distance of approx 1 km was felt during the inspection. The villagers of Kosampalli and Sarasmal village have also reported that ground vibration due to blasting are felt even in their village settlement resulting 26 into development of cracks in the walls of their houses and nearby earth/rock surface due to blasting.
The user agency needs to resort to more controlled blasting practices by adopting good blasting designs using appropriate charging and firing to keep the ground vibration at minimum level. The User Agency has also been advised to explore the possibility of surface miners to avoid likely damage to nearby settlement.
(xix) Coal (18,000 TPD) shall be Not complied with transported from the mine by 7-km It was observed that coal is being long piped conveyors only to the transported through trucks. linked power plant located at the distance of 9 km.
(xx) The Washery unit shall be a zero- The PP has not yet installed the coal discharge facility and no wastewater washery in the mine area. However, shall be discharged from the Washery CHP of the original allottee in the area into the drains/natural water outside the lease, where all the courses. No groundwater shall be activities related to the CHP are being used for Washery operations. performed by the PP. Recycled water shall be used for development and maintenance of green belt and in the plant operations.
(xxi) The raw coal, washed coal and
middling and coal wastes (rejects)
shall be stacked properly at
earmarked site(s) within
sheds/stockyards fitted with wind
breakers/shields. Adequate
measures shall be taken to ensure
that the stored minerals do not catch
fire.
(xxii) The proponent shall maintain proper
records of the ash content of raw
(ROM) coal, clean coal, middling and
coal rejects along with quantum of
raw coal obtained and washed and
dispatched every month and the
same shall be uploaded on the
company website every month.
(xxiii) The entire quantity of clean coal shall Not complied with
be transported by conveyor only to It was observed that coal is being
the linked TPP located at a distance of transported through trucks.
9 km from the mine.
(xxiv) All internal roads shall be concreted Not complied with
or black topped and the approach Internal roads were observed to be as
roads used for the project shall be kuchha roads.
blacked topped. Facilities for parking of trucks carrying raw coal from the linked coalmine shall be carried within the unit.
(xxv) The roads (internal / approach / and Partially complied with roads used for the project) shall be No mechanical sweepers were regularly cleaned with mechanical observed to be deployed for the sweepers and with water sprinklers. cleaning of internal road. Water A 3-tier avenue plantation shall be sprinklers have been reported to be developed along the major approach deployed for cleaning. No avenue roads, internal roads and nearby plantations were observed to be roads used by the company. raised by the PP.
(xxvi) Green belt shall be developed along Not complied with
the areas such as the Washery unit, No green belt in any of the area of the
crushing unit, and stockyards and at mining lease was observed during the
transfer points. inspection
27
(xxvii) Hoppers of the coal crushing unit at The PP has not yet installed the coal
the crushing shed and Washery unit washery in the mine area. However,
shall be fitted with high efficiency bag CHP of the original allottee in the area filters/Dust extractors and mist spray outside the lease, where all the water sprinkling system shall be activities related to the CHP are being installed and operated effectively at performed by the PP. all times of operation to check fugitive emissions from crushing operations, transfer points of belt conveyor systems which shall be closed and from transportation roads.
(xxviii) The proponent shall ensure that coal rejects of 1.76 MTPA such as stones, shale and other wastes of an ash content of 77% or more only shall be dumped into the mine voids. Coal rejects with an ash content of 76% or less shall be fully utilized in TPP for power generation.
(xxix) An estimated 3.905 Mm3 5,07 MTPA) Not complied with of fly ash from the power plant to be Ash dump is not maintained in mine accommodated in the mine, shall be area.
dumped in the mine void in alternate As per the compliance reported by the layers of fly ash and 08 in the ratio of Original Alloteee in the year 2015, 25%:75% as per DGMS approval, after provision contained in the condition the initial row of OB of not less than has been reported to be compiled with. 15m thickness to prevent dump However, during the spot inspection, it failures. was informed by the custodian PP that no ash dumping in the mining area is being done.
(xxx) Continuous monitoring of long-term Not complied with impacts of dumping of flyash (for life As per the compliance reported by the of the mine) and leaching 'of heavy Original Alloteee in the year 2015, metals on soil and water quality of provision contained in the condition the study area shall be undertaken has been reported to be compiled with. and the details of which shall be It was reported therein that IIT- submitted to the Central Ground Kharagpur has been engaged for Water Board, SPCB and to the monitoring of long term impacts of Regional Office of this Ministry at dumping of fly ash and leaching of the Bhopal as part of the compliance heavy metals on soil and water report. Permanent monitoring quality in the area. arrangements such as piezometers However, during the spot inspection, it shall be established in and around was informed by the custodian PP that the mine area covering the potential no ash dumping in the mining area is impact zone for contamination of being done. heavy metals due to leachates from the flyash and in case of increasing levels of heavy metals detected in the groundwater, further dumping of flyash shall be stopped immediately.
Independent Third-Party monitoring of the impacts of dumping of flyash shall also be undertaken and reported to the regulatory authorities and uploaded on the company website.
In case disposal of flyash into the decoaled voids is not found to be an environmentally suitable option, the balance void shall be backfilled with only OB or converted into a water reservoir of a max. depth of 35m and shall be gently sloped and the upper.
benches of the reservoir shall be stabilised with plantation and the periphery of the reservoir fenced.
(xxxi) Regular monitoring of groundwater Partially complied with 28 level and quality shall be carried out It is reported by the custodian PP that by establishing a network of existing water quality is being monitored on wells and construction of new quarterly basis by the CMPDIL. piezometers. The monitoring for The original allottee in its compliance quantity shall be done four times a report has earlier reported that year in pre-monsoon (May), monsoon piezometers at three locations have (August), post-monsoon (November) been established, as per the and winter (January) seasons and for provisions contained in this condition. quality in May. Data thus collected It was also observed that water shall be submitted to the Ministry of sources specially ponds and Environment & Forest and to the handpumps in the adjacent village of Central Pollution Control Board Kosampalli and Sarasmal have been quarterly within one month of dried up. Two ponds, in the village of monitoring. Kosampalli and Sarasmal villages have been observed to be dried up resulting into the difficulty for villagers to carry out activities dependent on the village pond such as cattle rearing.
The villagers have also reported that currently, handpumps in the village meant for supplying drinking water have also been dried up and the villagers are now totally dependent on alternate water supply arranged through the schemes of local panchayat. In the event of power breakdown, the drinking water supply also ceases resulting into the drinking water crisis for villagers.
The representative of CBO has also informed that recently a situation analysis of the impact of mining on local resources was undertaken by the independent experts. A copy of the report, as made available by the representative of the NGO is enclosed.
It is inter-alia mentioned in the report that water resources of the region have been contaminated and the underground water is not potable.
Out of the two ponds of the village, one is located near the mining sump area which has adequate water to meet the water requirement of the area. The PP has been advised to fill the pond of the village by using sump water from the mining void as it may re-charge the ground water resources of the villages.
(xxxii) As the entire mine water is proposed Not complied with to be used for the mine-cum-Washery The PP has informed that ground operations, measures shall be taken water recharging is being done for recharging ground water in and through water contained in quarry around the mine in the study area sump, garland drain, and settling and for agricultural use. A Plan for ponds. However, the submissions water conservation and recharge made by the PP are not tenable in measures of ground water along with view of the fact reported under the budgetary provisions be prepared compliance of conditions (xxxi). and implemented in consultation with The matter regarding alleged impacts the Central/State Ground Water of mining on local resources including Board to mitigate the adverse impact water is also under sub-judice under of mining which may lead to depletion the 0.A No. 319/2014 pending before of ground water in the area. the Hon'ble NGT, Bhopal.
The Company shall put up artificial groundwater recharge measures for augmentation of groundwater resource in case monitoring of groundwater levels indicate decline of 29 water table. Any additional water requirement for mining operation shall be met from rainwater use only, The project authorities shall meet water requirement of nearby village(s) in case the village wells go dry due to dewatering of mine. It shall be ensured that if the river/nala discharge of mine water takes place, it shall be treated to conform to prescribed standards before discharge.
(xxxiii) ETP shall also be provided for The PP has not yet installed the coal treatment of effluents from workshop, washery in the mine area. However, CHP and an STP shall be provided in CHP of the original allottee in the area the colony and the treated effluents outside the lease, where all the shall be used for green belt activities related to the CHP are being development. Outflow of rainfall, if performed by the PP. any, from the mine shall meet It was also observed that silt laden prescribed norms and the water with coal flows from the mining lease quality of such discharge shall be to the surrounding agricultural fields monitored at the exit. points and at certain points. The local villagers records maintained thereof and also have reported that due to flow of coal uploaded on the company website. laden silt in their fields, the productivity of agricultural crop is diminishing. Poor management of roads (without drainage system), OB dumps, lack of plantations, etc were observed to be reasons for outflow of silt from the mining lease into the agricultural fields and local nallah.
(xxxiv) An afforestation plan covering an Not complied with area not less than 938 ha shall be The custodian PP has informed that a implemented which includes total of 68,100 plants have been backfilled area (833 ha) and are planted by the prior allottee over an originally covered by ext. OB dump area of about 48 ha. However, during (48.20 ha), along ML boundary, green inspection no plantation on the OB belt, embankment (3D ha), along area has been observed. There are roads and infrastructure; likely chances that for want of undisturbed/vacant land by planting adequate safety measures, the native species such as Sal, Tendu, plantation of the PP have failed to Mahua, etc in consultation with the survive.
local DFO/Agriculture
Department/institution with the
relevant discipline. The density of the trees shall be around 2500 plants per ha.
(xxxv) Backfilling shall start by the 3rd year Partially Complied with of operations and completed by 34th The backfilling is in process. No year with cessation of opencast prominent plantation in the lease area operations. Of the total excavated has been observed to be undertaken area of 866.25 ha, about 833 ha shall by the PP. be backfilled and reclaimed with plantation / afforestation by planting native plant species in consultation with the local DFO/Agriculture Department. The density of the tress shall be around 2500 plants per ha. The balance 30m of void shall be left as a water body and the upper benches of the water body shall be gently sloped and stabilized and reclaimed with plantation.
(xxxvi) A programme for conservation of the Partially Complied with wildlife particularly for the Indian It is reported that a separate Elephant reported in the study Conservation management plant for area and for other flora and fauna has been prepared by 30 rare and endangered previous allotee for their mining lease species/Schedule-I fauna and Gare IV/6. It is also reported that endangered flora and species s the area is overlapping no separate of medicinal importance found in the Plan is required for IV/2 and IV/3. study area shall be formulated and However, no detail, about the financial implemented in consultation with the provisions, area proposed to be Forest and Wildlife Departments in covered and status of implementation the State Government. Separate funds of the Conservation Plan, has been shall be earmarked for made available by the PP.
implementation of the various
activities there under and the status.
There of shall be regularly reported to
this Ministry and the MoEF Regional
Office, Bhopal and also uploaded
on the
company website. The project
authorities shall participate in a
Regional Action Plan of the State
Government for conservation of flora
and fauna found within the study
area.
(xxxvii) Besides, carrying out regular periodic Being complied with
health check up of their workers, 10% It is reported that periodic health
of the workers identified from check up and training programmes
workforce engaged in active related to occupational health and
mining operations shall be subjected safety is organized.
to health check up for occupational However, no detail pertaining to the
diseases and hearing impairment, if health check up data maintained by
any, through a recognised agency the PP was made available by the PP.
found in the district, and the results
reported to this Ministry and to
DGMS.
(xxxviii) For monitoring land use pattern and Not complied with
for post mining land use, a time series It is reported that land use pattern
of land use maps, based on satellite monitoring has been done using
imagery (on a scale of 1: 5000) of the satellite imagery for the year 2006
core zone and buffer zone, from the and 2010 and the same has been
start of the project until end of mine submitted to the MoEF&CC,
life shall be prepared-once in 3 years Regional Office. The
(for anyone particular season which is satellite imagery stated to be
consistent in the time series), and the submitted has not been received by
report submitted to MOEF and its the Regional Office.
Regional Office at Bhopal.
(xxxix) Cost for environmental protection Partially complied with
measures shall be not less Custodian PP has reported that cost of
than Rs 1451.97 lakhs (capital) environmental protection measure is
including Rs 837.81 lakhs for the only 17 Iakhs for the year 2015-16 for
Washery and the annual recurring mining.
costs shall not be less than Rs.
442.09 lakhs.
(xi) The activities under CSR shall Partially complied with
continue for life of the mine (41 years) The custodian PP has reported that
and a provision of Rs SIT of coal or Rs activities under the CSR have been
2.6 crores (whichever is higher) started and various programmes have
adjusted according to value of the been initiated. However, details of
rupee, shall be undertaken for the programmes have not been submitted.
villages in the study area until end of
mine life. Details of village-wise
activities under CSR along with the
activities and budgetary provision
shall be uploaded on the company
website and the status of its
implementation along with
expenditure thereon and also desired
that a Third party audit of
implementation of CSR shall be done
periodically.
(xii) A Final Mine Closure Plan along with Not complied with
31
details of Corpus Fund shall be The custodian PP has informed that
submitted to the Ministry of coal and OB production is going on
Environment & Forests five year thereby implying that final mine
before mine closure for approval. closure plan has not been prepared.
Habitat Restoration Plan of the mine
area shall be carried out using a mix
of native species found in the original
ecosystem, which were conserved in-
situ and ex-situ in an identified area
within the lease for reintroduction in
the mine during mine reclamation and
at the post mining state for habitat
restoration.
(xiii) Corporate Environment Being complied with
Responsibility: The both the PPs have reported the
a) The Company shall have a well laid condition as complied with, However,
down Environment Policy approved supporting documents have not been
by the Board of Directors. made available to the Regional Office.
b) The Environment Policy shall
prescribe for standard operating
process/procedures to bring into
focus any infringements /
deviation/ violation of the
environmental or forest
norms/conditions.
c) The hierarchical system or
Administrative Order of the
company to deal with
environmental issues and for
ensuring compliance with the
environmental clearance conditions
shall be furnished.
d) To have proper checks and
balances, the company shall have
a well laid down system of
reporting of non-compliances /
violations of environmental norms
to the Board of Directors of the
company and/or shareholders or
stakeholders at large.
B. General conditions:
(i) No change in mining technology and Being complied with
scope of working shall be made The pp has agreed to consent with
without prior approval of the Ministry this condition
of environment and
(ii) No change in the calendar plan Being complied with
including excavation, quantum of The pp has agreed to consent with
mineral coal and waste shall be this condition
made.
(iii) Four ambient air quality monitoring Being complied with
stations shall be established in the It was observed that 8 ambient air
core zone as well as in the buffer zone quality monitoring stations have been
for monitoring PMIO, PM2,5, S02 and established (4 in core zone and 4 in
NO„ -Location of the stations shall be the buffer zone) based on the
decided based on the meteorological meteorological data and topographical
data, topographical features and features and the data is being
environmentally and ecologically submitted regularly to CECB and also
sensitive targets in consultation with to MoEF&CC, Bhopal.
the State Pollution Control Board. Updated details of the data have
Monitoring of heavy metals such as not been submitted.
Hg, As, Ni, Cd, Cr, in PM10 and The representative from a local
PM2.5 etc. shall be carried out at NGO has informed that set norms
least once in a year. for setting up of the air quality
monitoring stations in buffer zone
have not been followed. It was
informed that stations, in the buffer
zone (village), have been set up in
closed enclosure (inside a
32
house/room) instead of setting them
up in open area in buffer zone at an
elevated height of at least 1 meter.
It is also reported by the locals that
stations are set up on temporary basis
and data recorded does not reflect the
value of PM 2.5 mg. However, the
detail of the original PP as contained
in their compliance report submitted in the year 2015 contains data corresponding to PM 2.5 mg which shows their concentration in the atmosphere within the permissible limits. Further, there is no recent data made available by the PP for monitoring of air quality.
(iv) Data on ambient air quality (PM10, Partially complied with PM2.5, S02 and NOx and heavy It is reported that data is being metals such as Hg, As, Ni, Cr, etc) submitted regularly to CECB and also and other monitoring data shall be to MoEF&CC, Regional Office. regularly submitted to the Ministry However, from the examination of the including its Regional Office at Bhopal compliance report it is observed that and to the State Pollution Control no data has been made available to Board and the Central Pollution the Regional Office after June, 2015. Control Board once in six months.
Random verification of samples through analysis from independent laboratories recognised under the EP Rules, 1986 shall be furnished as part of the compliance report.
(v) Fugitive dust emissions (PM10, Partially complied with
PM2.5, and heavy metals such as Hg, The fugitive dust emissions are
Pb, Cr, As, etc) from all the sources controlled by water spraying on haul
shall be controlled regularly roads.
monitored and data recorded However, fugitive emission in the
properly. Water spraying lease is observed to be considerable
arrangement on haul roads, wagon for want of adequate preventive
loading, dump trucks (loading and measures. Water sprinklers, stated to
unloading) points shall be provided be employed for the purpose, is
and properly maintained. inadequate as the other linked
measures, such as mechanical
sweepers, proper drainage of the
road, concreting/ blacktopping of
internal roads have not been complied
with by the PP.
(vi) Adequate measures shall be taken for Being complied with
control of noise levels below 85 dBA It was informed that workers engaged
in the work environment. Workers in blasting and drilling operations are
engaged in blasting and drilling provided with ear muffs/plugs.
operations, operation of HEMM, etc Delays, Relays, NONEL etc are used
shall be provided with ear to control noise levels
plugs/muffs.
(vii) Industrial wastewater (workshop and The PP has not yet installed the coal
wastewater from the mine) shall be washery in the mine area. However,
properly collected, treated so as to CHP of the original allottee in the area
conform to the standards prescribed outside the lease, where all the
under GSR 422 (E) dated rs" May activities related to the CHP are being
1993 and 31st December 1993 or as performed by the PP.
amended from time to time before
discharge. Oil and grease trap shall
be installed before discharge of
workshop effluents
(viii) Vehicular emissions shall be kept Not compiled with
under control and regularly The custodian PP has reported that
monitored. condition will be complied with. No
detail pertaining to the data on
vehicular emission in the mining area
of the PP has been provided.
33
(ix) Environmental laboratory shall be Being compiled with
established with adequate number It is informed that CMPDIL
and type of pollution monitoring and environment laboratory has been
analysis equipment in consultation hired from M/s SECL
with the State Pollution Control Board.
(x) Personnel working in dusty areas Being compiled with shall wear protective respiratory It was observed that dust mask, have devices and they shall also be been provided to persons engaged in provided with adequate training and dusty area. Occupational health information on safety and health surveillance programme undertaken aspects. Occupational health periodically to observe any surveillance programme of the contractions due to exposure to dust workers shall be undertaken and to take corrective measures.
periodically to observe any
contractions due to exposure to dust
and to take corrective measures, if
needed.
(xi) A separate environmental Not complied with
management cell with suitable A separate environmental
qualified personnel shall be set up management cell is
under the control of a Senior not set up
Executive, who will report directly to
the Head of the
Company.
(xii) The funds earmarked for Not complied with
environmental protection measures The PP has not submitted year-wise
shall be kept in separate account and expenditure details.
shall not be diverted for other
purpose. Year-wise expenditure shall
be reported to this Ministry and its
Regional Office at Bhopal.
(xiii) The Regional Office of this Ministry Being complied with
located at Bhopal shall monitor
compliance of the stipulated
conditions. The Project authorities
shall extend full cooperation to the
office(s) of the Regional Office by
furnishing the requisite detail
information/monitoring reports.
(xiv) A copy of the will be marked to Being complied with
concerned Panchayat local NGO, if A copy of the EC letter has been
any, from whom any suggestion already marked to concerned
/representation has been received panchayat and a local NGO.
while processing the proposal.
(xv) State Pollution Control Board shall Being complied with
display a copy of the clearance letter Pertains to CECB.
at the Regional Office, District
Industry Centre and Collector's Office / Tahsildar's Office for 30 days.
(xvi) The Project authorities shall advertise Being complied with at least in two local newspapers It is informed that the previous allotee widely circulated around the project, have published in two local one of which shall be in the newspapers.
vernacular language of the locality concerned within seven days of the clearance letter informing that the project has been accorded environmental clearance and a copy of the clearance letter is available with the State Pollution control Board and may also be seen at the website of the ministry of Environment & Forests at http://envfor.nic.in. The compliance status shall also be uploaded by the project authorities in their website and regularly updated at least once in six months so as to bring the same in the public domain.
34The data shall also be displayed at the entrance of the project premises and mines office and in corporate office.
(xvii) The Ministry or any other competent The PP has agreed to consent with authority may stipulate any further this condition condition for environmental protection. (xviii) Failure to comply with any of the The PP has agreed to consent with conditions mentioned above may this condition result in withdrawal of this clearance and attract the provisions of the Environment (Protection) Act, 1986.
(xix) The above conditions will be enforced The PP has agreed to consent with inter-alia, under the provisions of the this condition Water (Prevention & Control of Pollution) Act, 1974, the Air (Prevention & Control of Pollution) Act 1981, the Environment (Protection) Act, 1986 and the Public Liability Insurance Act, 1991 along with their amendments and Rules. The proponent shall ensure to undertake and provide for the costs incurred for taking up remedial measures in case of soil contamination, contamination of groundwater and surface water, and occupational and other diseases due to the mining operations.
From the above following is observed:
1. Conditions being complied with by the PP:
Specific Conditions no. (i), (ii), (xvii), (xxxvii), (xiii) General conditions no: (i), (ii), (iii), (vi), (ix), (x), (xiii) to (xvi).
2. Conditions being partially complied with by the PP:
Specific condition; (viii), (ix), (x), (xi), (xviii), (xxv), (xxxi), (xxxv), (xxxvi), (xi) General conditions: (iv), (v)
3. Conditions not complied with by the PP Specific condition: (iii) to (vii), (xii), (xix), (xxiii), (xxiv), (xxvi), (xxix), (xxx), (xxxii), (xxxiv), (xxxviii) General condition: (viii), (xi), (xii)."
18. As already mentioned, further report dated 18.12.2017 was filed in pursuance of order of this Tribunal dated 18.04.2017 reiterating the above findings and the said report was duly accepted vide orders dated 31.07.2018 and 14.02.2019.
19. We now deal with the objections of Respondent No. 4 (JPL) to the report dated 14.06.2019. First objection is that this Tribunal cannot go into the matter in view of judgment of the Hon'ble Supreme Court dated 24.09.2014 reported in (2014) 9 SCC 614 dealing with the validity of allocation of coal blocks and payment of compensation for illegal mining. Further objection is that the matter is being dealt with by the Collector of the area under Section 21(5) of the Mines and Minerals (Development and Regulation) Act 1957 (MMDR Act). On merits, it is stated that there was no requirement for black topping of roads as black topping on internal roads is not advisable. Black topping of all approach roads was carried out which is shown by the work order and the earlier reply of the MoEF&CC which mentions that compliance has taken place. Respondent No. 4 has submitted photographs in support of claim that black topping of all approach roads was done. They have also submitted photographs of internal 35 roads which have been properly maintained to prevent air pollution without doing black topping. It is submitted that these roads are haulage roads which are temporary in nature and are brought under excavation of minerals in due course. Only if these are permanent internal roads these need to be black topped as per condition in the E.C. With regard to excess mining, it is stated that the same is a question of fact to be verified after following due process, including giving of hearing to the affected party. The observations and findings of the Committee are based on non-application of mind. The Respondent No. 4 stopped mining after 31.03.2015 and the Committee now appointed has no means to verify the alleged violations which took place prior to 31.03.2015. Respondent No. 4 duly deposited NPV and planted five lakh trees and any further compensation would amount to dual compensation for the same issue.
20. We do not find any merit in the objections. The judgment of the Hon'ble Supreme Court was only concerned with the legality of allotment of coal blocks and not compliance of environmental norms and binding EC conditions, in the course of executing the lease for mining and damage to the environment. The deposit of compensation in pursuance of judgment of the Hon'ble Supreme Court or deposit of NPV and compensatory afforestation are different issues. The compensation assessed by the Committee is for violations of environmental norms and EC conditions (including failure to develop green belt as required) which cannot be said to be covered by the amounts earlier paid by Respondent No. 4. As already held by this Tribunal vide order dated 18.04.2017, JPL is liable for damage to the environment and public health by illegalities in mining in violation of environmental norms and EC conditions. There is no occasion to go behind the order dated 18.04.2017 which has already attained finality. Compensation which may have been paid by taking advantage of illegal allocation of coal blocks does not cover the illegal damage caused to the environment and public health. The Committee has meticulously gone into the questions based on earlier reports which have become final and were submitted after visiting the site on 23.12.2016. The general affidavit filed by the MoEF&CC that JPL was liable to comply with the EC conditions or had complied with the same cannot be taken as conclusive in view of report of the MoEF&CC, Nagpur itself based on site inspection dated 23.12.2016 in pursuance of order of this Tribunal. Moreover, non-compliance of EC conditions has been duly established on the ground. Claim for compliance based only on black topping of internal roads cannot be treated as compliance of EC conditions. EC conditions do not make any distinction as is now sought to be made. The fact remains that absence of black topping did result in violation of environmental norms on the ground adversely affecting public health and the crops in the area. The work order or the photographs cannot be treated as compliance when violation of EC conditions relating to black topping was duly found on inspection in the year 2016 itself. Similar is the position with regard to the non-development of the green belt.
Plea that there is substantial compliance of condition of green belt at certain places and also on account of planting of trees cannot be accepted. Absence of green belt as per EC conditions has been duly found at the time of site inspection. The said finding has 36 already become final. It has also been found that violation of EC condition in this regard has resulted in damage to the environment.
Mere denial that there was no discharge of effluents cannot be enough when admittedly the mining covered coal washing which is inherently polluting activity. There is thus sufficient justification for the finding of damage to the eco-system.
Mere pendency of proceedings before the Collector on the subject of excessive mining cannot be a ground for this Tribunal not going into the issue under Section 15 of the NGT Act, 2010. The matter has already been considered for the last five years and fair opportunity has been given to all the parties. There are consistent reports, including the reports already accepted.
Accordingly, all the objections to the report dated 14.06.2019 are rejected. The report is accepted on the subject of assessment of compensation. Other suggestions will be subject to the direction that the amount assessed may be deposited by JPL and SECL with the CPCB within one month from today. The Chhattisgarh Environment Conservation Board (CECB) may prepare an action plan for utilizing the amount for environmental remediation and restoration of the area. The same may be examined by the Committee comprising Regional Office MoEF&CC, Nagpur; CPCB; District Collector, Raigarh; Indian Institute of Forest Management, Bhopal and Indian School of Mines, Dhanbad. The Regional Office MoEF&CC, Nagpur and CPCB will be the nodal agencies for its compliance. CECB may assist the Committee.
District Collector, Raigarh may prepare and implement R&R plan for the residents of surrounding villages. The cost may be charged to District Mineral Fund.
SECL may submit and implement time bound action plan (not more than 1 year) with pert chart for construction of black top road (5.84 km) and development of green belt of 125 m width around the lease boundary. The State may oversee its implementation through District Collector, Raigarh.
SECL may provide adequate health facilities to villagers affected by coal mining in accordance with Tribunal's order dated 14.02.2019. The District Collector, Raigarh may oversee its implementation.
SECL may create artificial barriers of sufficient height within three months to minimize the impact of air pollution. The CECB may oversee its implementation.
CECB may install 12 CAAQMS instruments (03 in mining areas, 01 in affected villages and 08 in non-attainment cities with 07 years of operation and maintenance warranty with its connectivity to CPCB/CECB from consent funds of State Board.
The applicants are at liberty to give their suggestions, if any, to the CECB/Committee."
3714. In pursuance of above, report dated 20.7.2020 has been filed by the Oversight Committee as follows:
"In compliance to the above directions passed by Hon'ble NGT, the oversight committee has requested by post and Emails to all concerned for submitting action taken report on priority. In this context the response received are summarised as under:-
1. Central Pollution Control Board has informed on 09.07.2020 that M/s Jindal Power Limited and M/s SECL has not deposited the compensation amount as directed by Hon'ble NGT in order dated 27.02.2020.
2. Chhattisgarh Environment Conservation Board (CECB) has submitted action plan which is placed at Annexure-01. The action plan has been examined by the oversight committee and comments/ suggestion are as under:-
The action plan so prepared with the intent of environmental remediation and restoration of the area appears inclusive covering the entire gamut of concern exhibited in detailed report.
Green belt must be done with due consideration of local biodiversity. The local species of flora needs to afforested so as to invite varieties of in-situ fauna and eventually restoring the ecosystem.
Carrying capacity and assessing the so far the impact of mining over Tamnar area- so rich in forest and other geographical variabilities is most important aspect that need to be undertaken at an earliest priority.
3. Response from M/s Jindal Power Limited, M/s SECL is still awaited. Collector Raigarh has nominated RO, CECB, Raigarh as his representative."
15. On 21.07.2020, since it was orally represented that stay had been granted by the Hon'ble Supreme Court, hearing was deferred till decision of the Hon'ble Supreme Court. The order is reproduced below:
"Since it is stated that the matter is pending before the Hon'ble Supreme Court and stay has been granted on 20.07.2020 in Civil Appeal No. 2524/2019, the hearing is deferred till the matter is decided by the Hon'ble Supreme Court. To be listed after orders of Hon'ble Supreme Court. Liberty to either party to mention."38
16. The matter has been taken up for further consideration since stay granted by the Hon'ble Supreme Court is only in respect of demand of compensation and not against hearing and period of two years has already gone by after the last order.
17. Having regard to the fact that the issues have been identified and apart from recovery of compensation which may now abide by the proceedings pending in the Hon'ble Supreme Court, other compliances in terms of order of this Tribunal dated 20.3.2020 are required to be ensured which include R&R plan for residents, construction of road, development of green belt, providing health facilities to the villagers affected by coal mining, creation of artificial barriers to minimize air pollution and installing CAAQMS instruments.
18. Let remedial measures be taken by the PP and concerned authorities in accordance with law and earlier directions of the Tribunal which may continue to be monitored by MoEF&CC, CPCB, CECB and District Collector, Raigarh and further overseen by the Chief Secretary, Chhattisgarh on quarterly basis.
19. This arrangement will continue for one year after which the Chief Secretary, Chhattisgarh may set up an appropriate monitoring mechanism.
20. The Chief Secretary, Chhattisgarh may file a report of compliance status as on 31.12.2023 before this Tribunal by 15.01.2024 by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. The report may be placed before the bench, if found necessary.
Subject to above, the applications will stand disposed of.
39It is also made clear that this order will not debar any aggrieved party from taking remedies in accordance with law.
A copy of this order be forwarded to the Chief Secretary, Chhattisgarh, MoEF&CC, CPCB, CECB and District Collector, Raigarh by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM Dr. Afroz Ahmad, EM December 09, 2022 Original Application No.200/2018 (M.A. No. 615/2018) (Earlier O.A. No. 319/2014 (CZ) WITH Execution Application No. 04/2019 IN O.A. No.200/2018 DV 40