National Green Tribunal
Rowghat Sangharsh Samiti Through ... vs Ministry Of Environment Forest And ... on 3 September, 2024
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Appeal No. 01/2024(CZ)
Rowghat Sangharh Samiti & Ors. Appellant(s)
Vs.
Union of India & Ors. Respondent(s)
Date of completion of hearing and reserving of order : 06.08.2024
Date of uploading of order on website : 03.09.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Appellant(s): Ms. Shalini Gera, Adv.
Ms. Geeta Dahariya, Adv.
For Respondent(s) : Mr. Gaurav Bhatia, Sr. Adv.
Mr. Rupesh Kumar, Sr. Adv.
Mr. Utkarsh Jaswal, Adv.
Mr. Sanjeev Kumar, Adv.
Mr. Lalit Gupta, Adv.
Mr. Shashank Pathak, Adv.
Mr. Abhimanyu Shrivastav, Adv.
Mr. Lalit Kumar Gupta, Adv.
Dr. Sapna Aggarwal, Adv.
Mr. Abhinav Sharma, Adv.
Ms. Parul Khurana, Adv.
Ms. Deeksha Prakash, Adv.
ORDER
1. Challenge in this appeal is the order dated 21.12.2023 passed by MoEF&CC granting an amendment to the original EC dated 04.06.2009, allowing transportation of 2.0 MTPA iron ore through two alternate roads from the Rowghat Mines to Antagarh/Bhanupratappur Railway siding with the prayer to quash and to set aside the order and direct the project proponent to carry out a comprehensive EIA and to conduct the public hearing and to comply the conditions of EC and CTO.
1Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
2. Brief facts giving rise to the present appeal are that the project proponent M/s Steel Authority of India Ltd. moved an application before the Ministry of Environment, Forest and Climate Change for grant of an amendment in a prior environmental clearance under the provisions of the EIA Notification, 2006 and after considering the proposal and the report, the MoEF&CC vide order dated 21.12.2023 passed an order as follows:-
"Subject: Amendment in Environmental Clearance dated 04.06.2009 for Changes in Operation of Rowghat Iron Ore Project of M/s SAIL's Bhilai Steel Plant (Despatch of Maximum 2.0 MTPA of Iron Ore by Road up to Antagarh Rly. Siding and / or Bhanupratappur Rly. Siding and then by Rail to Bhilai), located in Matla Reserve Forests, Narainpur and Kanker District, Chhattisgarh - Amendment in EC - reg.
Sir/Madam, This is in reference to your application submitted to MoEF&CC vide proposal number EC23A0000CG5559947A for grant of an amendment in prior Environmental Clearance (EC) to the project under the provision of the EIA Notification 2006-and as amended thereof.
2. The particulars of the proposal are as below :
i. EC Identification No. EC23A0000CG5559947A ii. File No. J-11015/331/2006-IA.II(M) iii. Clearance Type Amendment in EC iv. Category A v. Schedule No./ Project 1(a) Mining of minerals Activity vi. Sector Non-Coal Mining vii. Name of Project Amendment in Environmental Clearance for Changes in Operation of Rowghat Iron Ore Project of SAIL's Bhilai Steel Plant (Despatch of Maximum 2.0 MTPA of Iron Ore by Road up to Antagarh Rly. Siding and 2 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
/ or Bhanupratappur Rly.
Siding and then by Rail to Bhilai) under Para 7(ii) of EIA Notification 2006.
viii. Location of Project (District, KANKER, CHHATTISGARH
State)
ix. Issuing Authority
x. EC Date NO
xi. Applicability of General
Conditions
xii. Status of implementation of
the project
1. In view of the particulars given in the Para 1 above, the project proposal interalia including Form-1(Part A, B and C)/EIA & EMP Reports were submitted to the MoEF&CC for an appraisal by the Expert Appraisal Committee EAC under the provision of EIA notification 2006 and its subsequent amendments.
2. The above-mentioned proposal has been considered by Expert Appraisal Committee EAC in the meeting held on 14/11/2023. The minutes of the meeting and all the project documents are available on PARIVESH portal which can be accessed from the PARIVESH portal by scanning the QR Code above or through the following web link click here.
3. The brief about the reasons for an amendment requested along with comparison table illustrating the details of amendments are annexed to this letter as Annexure (1).
4. The brief about the reasons for an amendment requested along with comparison table illustrating the details of amendments are annexed to this letter as Annexure (1)The EAC, in its meeting held on 15/11/2023, based on information & clarifications provided by the project proponent and after detailed deliberations recommended the proposal for grant of amendment in Environment 3 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Clearance under the provision of EIA Notification, 2006 and as amended thereof.
5. The MoEF&CC has examined the proposal in accordance with the extant provisions of the Environment Impact Assessment (EIA) Notification, 2006 & further amendments thereto and based on the recommendations of the Expert Appraisal Committee hereby accords amendment in Environment Clearance for the instant proposal to M/s. STEEL AUTHORITY OF INDIA LTD under the provisions of EIA Notification, 2006 and as amended thereof subject to compliance of EC conditions, general instructions issued vide EC identification number EC23A0000CG5559947A and following certain additional specific conditions.
6. This issues with the approval of the Competent Authority."
3. This approval was subject to specific conditions and general conditions which is part of the EC. The above recommendations and approval was based on the observation and recommendation of the EAC meeting which was held on 14th -15th November, 2023 and minutes are as follows:-
"Amendment in Environmental Clearance dated 04.06.2009 for Changes in Operation of Rowghat Iron Ore Project of M/s SAIL's Bhilai Steel Plant (Despatch of Maximum 2.0 MTPA of Iron Ore by Road up to Antagarh Rly. Siding and / or Bhanupratappur Rly. Siding and then by Rail to Bhilai), located in Matla Reserve Forests, Narainpur and Kanker District, Chhattisgarh - [F. No: J- 11015/331/2006 IA.ll(M), Proposal No: IA/CGIMINI439531/2023; EIA Consultant: M/s MECON Limited] - Amendment in EC.
The instant proposal is for amendment in EC dated
04.06.2009 for Changes in Operation of Rowghat Iron Ore Project of Ms SAIL's Bhilai Steel Plant (Despatch of Maximum 2.0 MTPA of 4 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Iron Ore by Road up to Antagarh Rly. Siding and / or Bhanupratappur Rly. Siding and then by Rail to Bhilai), located in Matla Reserve Forests, Narainpur and Kanker District, Chhattisgarh.
2. The details of the project as ascertained from the document submitted by the Project Proponent and revealed from the discussions held during the meeting are given as under:
i. The proposed project activity is listed at schedule no. 1(a) Mining of Minerals and falls under Category "A" as the mining lease area is greater than 250ha and accordingly, appraised at the Central level.
ii. Details of previous Environmental Clearance (EC):
Date of Proposal No Consideration Details Date of application accord 28.07.2007 IA/CG/MIN/ -- Production of 14.0 04.06.2009 8566/2009 MTPA of iron ore mining over a lease area of 883.22ha 23.06.2009 -- Partial modification in EC letter dated 15.03.2010 04.06.2009 and additional specific conditions were imposed 09.02.2017 IA/CG/MIN/ February 20 Transportation of 0.3 08.06.2017 8566/2009 21, 2017 million TPA of ore form Rowghat M.L to Keonti by road and further onwards to Dalli Raiharal Bhilai through rail till 2021 01.11.2021 IA/CG/MIN/ 30th Nov -3rd Extension of validity of 25.01.2022 236647/202 Dec, 2021 amendment in 1 Environmental Clearance Reason amendment MTPA2 MTPA Crushed and Downhill Crushed Ore Screened Ore transport conveyor not Dispatched to through Road from Hill Top installed due down hil from existing 0.3 MTPA Para 2 of Change in 14 Original EC Process granted on 08.06.2017 for 5 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Rowghat Iron Ore
mine Deposit F [ML
area 2028.797ha and
production capacity 14
million TPA] for
transportation of 0.3
MTPA of iron ore from
Rowghat ML to Keonti
rail head by road and
further onwards to
Dalli Rajhara/Bhilai
by rail located in
Matla Reserve Forests,
in Narainpur and
Kanker District,
Chhattisgarh for a
period of another two
(2) years i.e., till
31.12.2023
iii. Now, the Project Proponent has requested for amendment in EC dated 04.06.2009 for Changes in Operation of Rowghat Iron Ore Project of M/s SAIL's Bhilai Steel Plant (Despatch of Maximum 2.0 MTPA of Iron Ore by Road up to Antagarh Rly. Siding and / or Bhanupratappur Rly. Siding and then by Rail to Bhilai) as mentioned below:
Sr. Reference Descriptio Existing Amendment Reason of No. n sought amendment
1. Para 2 of Change in 14 MTPA 2 MTPA Crushed Downhill Original EC Process crushed and Screened conveyor not 04.06.2009 ore Ore transport installed due to dispatched through Road non handing to from Hill Top over of land by downhill from existing 0.3 forest through 12 MTPA department KM conveyor length
2. Para 2 of Change in 14 MTPA Total 2 MTPA Railway siding Original EC Process screening Screened not ore Material commissioned transport transport due to through through Road hindrance rail from Length 235 KM caused due to rowghat maximum upto left wing siding Antagarth or estremise located at Bhanuprtappur consequently foot hill to Siding till Dec'26 delay in bhilai steel from existing 0.3 handing over plant. MTPA upto of land by Dec'23. GoCG.6
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
3. Para 14 of Amendmen 0.3 MTPA Request for Railway Siding Amended t in transport allowing commissioned EC dated Quantity through despatch only upto 25.01.2022 and Road upto through road @ Antagarh extension Keonti 2.0 MTPA till siding of time siding Dec'26 which Expected to validity includes :- reach Rowghat upto by Dec 25 and Dec'23. 1. @ 0.8 ΜΤΡΑ of development of iron ore up to associated Antagarh infrastructure Railway Siding by Dec 26.
via Tadoki
(direct route).
2. 1.2 ΜΤΡΑ up to
Bhanupratapp
ur/ Antagarh
Railway Siding
via Narainpur
& Kanker (long
route) and
subsequently
by rail to
Bhilai.
3. In case of law
and order
problem along
the Rowghat
Mine to
Antagarh
Siding (direct
route) as is
often the case,
the entire ore
will trucked be
to
Bhanupratapp
ur/Antag
Siding via
Narainpur &
Kanker.
iv. The Project Proponent has submitted the mine lease deed was executed on 21.10.2009 and is valid for a period of 20 years. The entire lease area of 2028.797 ha is a Forest Land. Stage-Il Forest Clearance was obtained vide letter no.
F.No.8-44/2005-FC (Pt), dated 3rd Aug., 2009 for diversion of 883.22 ha of forest land.
7Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
v. The Project Proponent has submitted that the Rowghat Mine commenced mining operations only in late Feb., 2022. Prevailing micro-meteorological conditions, ambient air quality (14 locations), noise levels (14 locations) and water quality (Groundwater: 5 locations and Surface water: 5 locations), soil quality (6 locations) were assessed by carrying baseline environmental data generation for one month during May, 2023 (Summer Season). Traffic density on the proposed ore evacuation route was also studied. vi. The Project Proponent has submitted the certified compliance report issued by the Sub Office, MoEF&CC vide letter dated 10.10.2023 for the EC's dated 04.06.2009, 15.03.2010, 08.06.2017 and 25.01.2022. The site visit was conducted on 18.09.2023. Then, the Project Proponent has submitted the action taken report on 16.10.2023 to the Regional Office, MoEF&CC. The Ministry vide letter dated 02.11.2023 requested the Regional Office, Nagpur to submit the review report of the ATR submitted by Project Proponent. Then, the Project Proponent vide email dated 13.11.2023 submitted the revised and updated action taken report.
3. Observation and Recommendation of the EAC:
The Project Proponent has informed the EAC that the instant proposal is for amendment in EC dated 04.06.2009 for changes in operation of Rowghat Iron Ore Project of M/s SAIL's Bhilai Steel Plant for dispatch of Maximum 2.0 MTPA of Iron Ore by Road up to Antagarh Rly. Siding and / or Bhanupratappur Rly. Siding and then by Rail to Bhilai. Initially, Environmental Clearance (EC) was obtained on
04.06.2009 for production of 14.0 MTPA of Iron ore. The ore is dispatched by rail to SAIL's Bhilai Steel Plant located at a distance of 185 km from the mine lease area. There has been delay in commissioning of rail link to Rowghat due to Left wing extremism activities and obtaining forest clearance. In this regard, amendment in EC dated 04.06.2009 has been sought to allow dispatch through road 8 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
@ 2.0 MTPA till Dec.,2026 from the existing capacity of 0.3 MTPA by road. About 81% of the rail works has been completed upto Tadoki (77km) and the remaining work up to Rowghat will be completed by June, 2025and it is expected to conmmission the Rowghat Station by Dec 2025 and associated linking infrastructure by Dec, 2026. The Bhilai Steel Plant is the sole producer and supplier for strategically important products to Indian Railways. The Bhilai Steel Plant is completely dependent on Rowghat Iron Ore mine and this project is an importance of national interest. The EAC noted the public complaints were received against the project and also in support of the project to increase their production capacity.
Then, the Project Proponent has presented the KML file and shown the boundary of the Rowghat mine lease area and informed the EAC that the entire mine lease area of 2028.797 ha is a Forest Land. Presently mining activity is being carried out in Anjarel block. The present proposal is to transport the ore of 0.8 MTPA from Rowghat to Antagarh Railway siding (-58km by road) via Tadoki (direct route) and 1.2 MTPA ore to Antagarh / BhanupratappurRailway Siding (232 km/200km by road) via Narainpur & Kanker (long route). Due to law and order issue, the State Govt. has suggested to take the longer routevia Narainpur & Kanker to reach Antagarh / BhanupratappurRailway Siding. If the law and order issue exists via Tadoki route, the entire material will be transported through longer route as suggested by the State Govt. The Project Proponent also informed the EAC that the own RCC road of 7.5m width has been developed by the Project Proponent with an estimated budget of Rs 35 Cr from the foot hill of Rowghat to SH-5. Further, the Project Proponent has shown the photographs of the road developed by M/s SAIL, SH5 between Tadoki & Antagarh, Road linking SH-5 with Antagarh Siding, Kondagaon bypass road, Kanker bypass road and SH 6 9 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
between Kanker &Bhanupratappur. Project Proponent also shown the photographs of Antagarh and Bhanupratappur Railway sidings and also the progress of the rail link.
The Project Proponent informed the EAC that the project is well equipped to produce 2.0 MTPA. Transportation will be outsourced and local people will be involved in transportation. The ElA Consultant has informed the EAC that the baseline data was generated during May, 2023. The ambient air quality stations (14 locations) were monitored in the mine lease and all along the transportation route. Noise levels at 14 locations were within the norms prescribed by CPCB. Surface water quality has been monitored at 5 locations and found to be suitable for drinking after conventional treatment and disinfection. Traffic density was studied on the transport route at 9 locations at hourly intervals. Additional load on the road will not have impact and the resultant concentration of PM1odue to transportation will be ~91.14 ug/m, PM2.5:
~47.1 Hg/m", SO2:15.8 ug/m and NO: 25.26 vg/m°. The Project Proponent also detailed about the CSR activities being taken up. The Project Proponent has shown the certified past production details dated 06.07.2023 from the year 2020-21 to 2022-23. The Project Proponent has submitted the certified compliance report issued by the Sub Office, MoEF&CC vide letter dated 10.10.2023 for the EC's dated 04.06.2009, 15.03.2010, 08.06.2017 and 25.01.2022. The site visit was conducted on 18.09.2023.
Then, the Project Proponent has submitted the action taken report on 16.10.2023 to the Regional Office, MOEF&CC.
After detailed deliberations made by the Project Proponent and the Consultant, the EAC opined that the dispatch of 2.0 MTPA (Maximum) of Iron Ore by Road up to Antagarh Rly. Siding and /or Bhanupratappur Ry. Siding and then by Rail to Bhilai will be allowed in two phases for 10 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
a period of two years i.e., 1.5 MTPA for a period of 6 months w.e.f 01.01.2024 to 30.06.2024 and 2.0 MTTPA (1.5 MTPA + 0.5 MTPA) for a period of 18 months w.e.f 01.07.2024 to 31.12.2025 considering the pollution load due to transportation by road. The EAC also opined that meanwhile, the Project Proponent shall speed up the progress of the rail link. Based on the discussions held, the EAC in its meeting held during 14-15November, 2023 under the provisions of EIA Notification, 2006 and its subsequent amendments therein; recommended the proposal for amendment in EC dated04.06.2009 for dispatch of Maximum 2.0 MTPA of Iron Ore by Road up to Antagarh Rly. Siding and l or Bhanupratappur Rly. Siding and then by Rail to M/s SAIL's Bhilai Steel Plant from Rowghat Iron Ore Project [MLA:2028.797 ha] of M/s SAIL, located in Matla Reserve Forests, Narainpur and Kanker District, Chhattisgarh along with the following additional specific conditions mentioned below: -
a. This amendment in EC will be valid for a period of a 2 (two) years only W.e.f 01.01.2024.
b. The dispatch of 2.0 MTPA (Maximum) of Iron Ore by Road up to Antagarh Riy. Siding and / or Bhanupratappur Rly. Siding and then by Rail to Bhilai is allowed In two phases for a period of two vears i.e.. 1.5 MTPA for a period of 6 months W.e.t 01.01.2024 to 30.06.2024 and 2.0 MTPA (1.5 MTPA + 0.5 MTPA) for a period of 18 months w.e.f 01.07.2024 to 31.12.2025. Accordingly, State Pollution Control Board shall grant the Consent to Operate (CTO).
c. Mining activity is restricted to an area of 883.22 ha for which the Stage-II Forest Clearance is available.
d. The Project Proponent shall speed up the progress of the rail link and monthly progress/status along with 11 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
the photographs shall be submitted to the Regional Office of MoEF&CC.
e. Fugitive dust monitoring shall be monitored regularly at all the sensitive receptors and report shall be submitted quarterly to the Regional Office of MoEF&CC.
f. The Project Proponent shall maintain the entire mineral transportation route by road at their own cost. The Project Proponent shall also periodically maintain the roads to reduce the fugitive emissions from roads and also the vehicular emissions.
g. Regular sprinkling shall be done on roads to suppress the dust at the source.
h. The wheel washing facility for the ore transport vehicles shall be provided at the exit point of the mine. The wheel washing facility shall be integrated with complete recirculation system.
i. Over loading of transport equipment's shold be avoided to prevent spillage. Vehicles involved in transporting the material should be covered to prevent fugitive dust emission.
j. The Project Proponent shall undertake the dense plantation all along the haul roads and approach roads to attenuate the fugitive dust.
k. The Project Proponent shall ensure that the additional traffic on the road in no way shall be hindrance to the public. Traffic marshal shall be deployed to ensure the safe movement of transportation.
l. The real time data generated by continuous ambient air quality monitoring stations (CAAQMS) should be 12 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
displayed digitally at entry and exit gate of mine lease area for public display and shall be linked to server of CPCB/SPCB.
m. The Project Proponent shall explore the possibility of using atleast 20% of Electric vehicles/CNG/Solar instead of diesel operation within three years.
n. Periodical maintenance of surface water management structures has to be carried out to prevent and control the water pollution and soil erosion. The Project Proponent shall take adequate measures to prevent the washout of fines during monsoon season.
o. The Project Proponent shall undertake the gap plantation and shall plant quality sapling of appropriate height of native and fruit bearing species. In case of tall transplants (seedlings) the seedlings should have proper trained root stock with root biomass commensurate with seedling height to ensure good growth after out planting.
p. The Project Proponent shall create awareness among the local people working within the project area as well as its surrounding area on the ban of Single Use Plastic (SUP) in order to ensure the compliance of Notification published by MoEF&CC on 12/08/2021. A report, along with photographs, on the measures taken shall also be included in the six monthly compliance report.
q. The mining lease holders shall, after ceasing mining operations, undertake regrassing the mining area and any other area which may have been disturbed due to their mining activities and restore the land to a condition which is fit for growth of fodder, flora, fauna etc. The implementation report of the above said 13 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
condition shall be submitted to the Ministry's Regional Office.
r. All other terms and conditions mentioned in the EC letter dated 04.06.2009, 15.03.2010, 08.06.2017 and 25.01.2022 shall remain unchanged."
4. The main ground for challenging the EC are as follows:-
a) Ignores the consistent and gross violation of the earlier EC by M/s SAIL from September 2022 to December 2023, during which iron ore was transported over a 232 km long road route, for which there was no EC approval, about which no information provided to the MoEFCC, and which caused severe and unchecked environmental damage.
b) Is based on incorrect information provided by M/s SAIL in its amended EIA report, which has deliberately suppressed the fact that a 40-kin stretch of road along a proposed route for coal transport is only 3.75 m wide, and thus, is of insufficient width to allow the traffic of ore bearing trucks.
c) Fails to consider the impact of additional traffic of 300 trucks daily on ambient air quality along 81.2 kms of the proposed route, where the baseline readings of PM 2.5 and PM 10 concentrations in the EIA report already exceed the NAAQS standards.
d) Is based on a flawed traffic study conducted by the M/s SAIL, the Project Proponent, which only accounts for the "traffic density" (i.e. whether there is enough space on the proposed road route to accommodate the flow of trucks) and not "traffic loading" (i.e. whether the proposed roads are designed to withstand the weight of heavy trucks without undergoing extensive damage).14
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
e) Ignores the extensive potholes and poor condition of the roads caused by mining trucks which has made these roads exceedingly unsafe for the local population, and that at least 19 accidents involving trucks have taken place on these roads ever since the trucks started plying regularly from September 2022 onwards, resulting in at least 16 fatalities.
f) Undermines the order of the local authority, the SDM of Antagarh who assured the local people that no mining trucks would ply on SH-30 until it is widened, which has not happened till now.
g) Bypasses the crucial step of a public hearing, considering that the nature of the project has fundamentally changed with extensive reliance on road transport of ore, and the impacted populations were never consulted in the original public hearings.
h) Does not take into account SAIL's record of poor compliance with the conditions laid out in the EC, the Consent to Operate ("CTO") or the Wildlife Conservation Plan. The Certified Compliance Report dated 10.10.2023 makes it clear that basic mitigative procedures such as construction of the Green Belt, afforestation, measures to check soil erosion etc. have not even started. Even six-monthly compliance report on the status of environmental safeguards are neither being submitted, nor made available on the Project Proponent's website. No details regarding implementation of wildlife conservation plan been submitted thus far, nor any information about restoration of rare plants and medicinal herbs, and wildlife species. Furthermore, the roads subjected to heavy ore-bearing trucks, whose maintenance is the responsibility of the Project Proponent, are in a state of severe neglect.
i) Overlooks the deliberately slow pace with which the railway route and related infrastructure necessary is being developed, which is necessitating repeated amendments to the original EC.
While on the one hand, the people have lost their lands (forest and revenue) to the railway line many years ago, they have yet 15 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
to be fully compensated by the Respondent Authorities and the Project Proponent. Further, installation/ establishment of closed downhill conveyer system, crusher plants, dry screening plants, etc. have not even commenced yet, causing further delay even after the railway line is constructed.
j) Disregards the lack of any economic rationale for transporting iron ore through 232-km long road route, compared to transporting it via rail from iron ore mines which are further away since road transportation of iron ore is 2.5 times more expensive per kilometer than rail transportation. Numbers provided by the Project Proponent indicate that obtaining equivalent quantities of iron ore from Kiriburu mines in Jharkhand would be more cost-effective."
5. We have heard the argument and perused the record.
6. The original EC was granted by the MoEF&CC vide order dated 04.06.2009 after considering the relevant report and the order granting the approval under the provisions of EIA notification dated 14.09.2006 are as follows:-
"J-11015/331/2006-IA. II (M) Government of India Ministry of Environment & Forests Telefax: 011-24367257 Paryavaran Bhavan, C.G.O. Complex, Lodi Road, New Delhi-110003.
Dated. June 04, 2009 To M/s Steel Authority of India Ltd.
Bhillai Steel Plant Bhilai-400 001 Chhattisgarh-490001.
Sub: Rowghat Iron Ore Mine Deposit F (ML area 2028.797 ha and production capacity 14.0 MTPA) in Matia Reserve Forests, in Narainpur and Kanker Distt., in Chhattisgarh -reg. Environmental Clearance.16
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Sir, The undersigned is directed to refer to your letters dated 28.07.2007, 29.08.2008, 17.10.2008, 30.10.2008 and 3.4.2009 on the above mentioned subject. The Ministry of Environment and Forests has examined the application.
2. It has been noted that the proposal is for Iron Ore mining at capacity 14.0 MTPA from Deposit-F. located in the Matla reserve forest area of Kanker & Bastar Districts of Chhattisgarh Deposit-F comprises of 7 blocks viz. Raodongri, Block-A, Tarhur Anjrel, Korgaon, Khargaon and Takrel. The strike length from Raodongri to Takrel is about 13.0 Km and average width is 700 metres. Dalli Rajhara is the nearest railhead and is located at about 90 kms from the mine site. Two crushing units are proposed at the hill top of Rowghat Deposit-F, to handie 14.0 MT of ROM. Only primary and secondary crushing will be undertaken. Sato of art technology will be adopted for dry processing at Rowghat. The secondary crushed ore will be dispatched to screening plant through down-hill closed conveyor consisting of pipe conveyors in steeper portion and open conveyors in gentler gradients. The total length of such down hill conveyor system will be about 12 km. Dry screening plant is proposed to be set up doswn-hill near loading siding. The sized product +15- 35mm will be despatched for consumption of Blast Furnace at Bhillai. The remaining material will be sent to existing facilities at Dalli-Rajhara for wet processing. Infrastructure facilities would be developed at foot hill. Mining will be carried out in two phases viz. Phase-I and Phase-II. Mining shall begin from Phase-1. Phase-I will involve development of Block-A, Tarhur and Anjrel which will comprise of an area of about 520.37 ha in Phase-ll, it is proposed to develop three blocks viz. Korgaon, Kharkagaon and Takrel. Mining area required in Phase-Il will be about 362.85 ha. Method of mining will be open cast mechanised involving drilling and blasting. Break up of land use area at the end of mining will 17 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
be as follows: mining area 678.63 ha; area for waste dump 52.48 ha; infrastructure 19.80 ha; roads and railways 42.20 ha, conveyor gallery 9.45 ha; power corridor 3.30 ha; loading yard 15.35 ha; and foothill complex 15.36 ha. There are no wildlife sanctuaries, national parks, biosphere reserves, heritage sites etc. within 10 km of the lease boundary. Ultimate depth of mining will be at 690 m above MSL. Ground water table is at 553 m above MSL Mining will not Intersect ground water table. Water requirement will be about 6850 KLD which will be met from Mendki River and Nibra nallah. Solid waste of about 15 million cum will be generated. Mining plan (including progressive mine closure plan) was approved by IBM on 22.03.2007. Public hearings were held on 25.06.2007 and 29.06.2007. Stage-1 Forestry clearance for diversion of 883.22 ha for forest land for non-
forests activity was accorded on 21.11.2008. Cost of the project will be about Rs 2500/- Crores.
3. The project has been considered in accordance with the provisions of the EIA notification issued by the Ministry of Environment & Forests vide S.O. 1533 (E), dated September 14, 2006.
4. Based on the information submitted by you, as at Para 2 above and others, the Ministry of Environment and Forests hereby accords environmental clearance to the above project for mining over a lease area of 883.22 ha for which forests clearance (Stage-1) for diversion of forest land has been accorded, under the provisions of EIA notification dated September 14, 2006, subject to the compliance of the following Specific and General conditions."
7. This EC was subject to condition to conserve the rich biodiversity of the area including wildlife, mitigating measures for regeneration, restoration of rare plants of economic importance, ensuring that 20% of the profit 18 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. shall be spent for the development of the area for the benefit of the marginalized section of the population especially tribal peoples.
8. The project proponent further moved an application dated 23.06.2009 for modification of the general conditions and MoEF&CC vide letter dated 15.03.2010 as follows:-
i. The project proponent will earmark an amount of Rs. 80 crores for the overall development of the area and the local people, loading yard is increased up to 62.00 ha., number of the shift for mine operation shall be as per the approved mine plan and it was communicated to the authorities concerned.
ii. Pre-feasibility report prepared by MECON Ltd. Rachi submitted the executive summary with the facts that:-
"A. EXECUTIVE SUMMARY Steel Authority of India Limited (SAIL) is a public sector undertaking, largely owned by Government of India and functions like an operating company. SAIL, by virtue of its Maharatna status, enjoys significant operational and financial autonomy. Bhilai Steel Plant is a manufacturing unit of SAIL. SAIL - the largest steel producer in country, has embarked upon a massive modernization and expansion plan to retain its position as the 'leader of the Indian Steel industry' w.r.t. market share by enhancing its production capacity to 23.46 MTPA from the installed production capacity of 13.8 MTPA of hot metal. SAIL sources its entire requirement of iron ore and part of its requirement of limestone, dolomite and coking coal from its captive mines located in the states of Jharkhand, Odisha and Chhattisgarh.
Bhilai Steel Plant (referred to as BSP here-in-after), the proud winner of the prestigious Prime Minister's Trophy for 11 times, came into being during the 2nd Five year plan as a part 19 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
of Hindustan Steel Ltd (Later on known as Steel Authority of India Ltd - SAIL) in collaboration with erstwhile USSR. It is one of the five integrated steel plants under SAIL and is located strategically in the mineral rich central region of India. BSP has always been a major contributor to the bottom line of Maharatna Company- SAIL and hence is admired as its flagship unit. BSP's inbound supply chain has the strategic advantage of having captive mines. BSP is undergoing expansion to increase hot metal production to 7.6 MTPA. Under expansion, BSP is setting up a large Blast Furnace (BF-8) of useful volume 4060 m3. Post expansion, the iron ore requirement for BSP will be about 12 MTPA. Development of Rowghat Mine has been envisaged to meet the future iron ore requirement of BSP. But, since it is a green field project located in Reserve Forest, it has a long gestation period.
The Ministry of Mines, Govt. of India, vide letter dated 04.01.2007 has accorded approval under section 5(1) and relaxation under section 6(1)(b) of MM(D&R) Act, 1957, for grant of Mining Lease over an area of 2028.797 hectares (ha) in Deposit-F of Rowghat, comprising of 7 blocks namely Raodongri, Block-A, Tarhur, Anjarel, Korgaon, Kharkagaon and Takrel in favour of M/s. SAIL. Accordingly, terms & conditions for grant of the above mentioned ML was accorded to SAIL by the State Govt. vide letter dated 09.01.2007. The mining plan of Rowghat was approved by IBM vide letter No. dated 22.03.2007. MoEFCC, GoI has granted Environmental Clearance for the Rowghat Iron ore Mining Project vide letter No. J- 11015/331/2006-IA.II (M) dated 4th June, 2009 and 15th March, 2010 for an annual production capacity of 14 Mt/yr of iron ore. The forest clearance has been accorded for over an area of 883.22 ha vide letter no. F.No.8-44/2005- FC(Pt), dated 03.08.2009.
The concept was to develop Rowghat deposit in phases (Phase - 1 & 2) to meet the partial requirement of iron ore of BSP. It is proposed to initially develop 3 blocks viz. Block-A, Tarhur and Anjarel for excavation of total ROM of 14 MTPA in 20 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
phase-1.
As per the original plan, it was envisaged that the ROM ore will be transported through internal haul roads by 120 ton rear discharge dumpers to the primary & secondary crushing units to be set up at the hilltop. The secondary crushed product will be transported to the loading bay at foothill through flat bed/pipe conveyors where it will be screened to separate the Lump & Fines size fraction which will be directly dispatched to BSP. While the ore which requires beneficiation will be dispatched to Dalli-Rajhara mines (existing ML of BSP, SAIL at a distance of 95 km from Rowghat) for beneficiation through rail only. The crux of the plan was that the entire quantity shall be evacuated through Rail.
However mining, development and production from Rowghat ML could not be commenced due to "Naxal"
disturbance in the area.The progress of construction of Rail line between Dalli-Rajhara & Rowghat also got hampered due to "Naxal" problem.
The issue of "Naxal" problem, was brought to the knowledge of ministry of Steel & ministry of Home affairs. After series of meetings, MHA approved 2 battalions of BSF & CRPF/ SSB for protection of mining & railway line respectively. However responsibility for developing Infrastructures i.e. barracks & campus was entrusted to BSP. BSP till date developed six nos of BSF camps at mining area & eleven nos. of camps between Dalli-Rajhara for CRPF/SSB, at a whopping cost of 90 Crores.
As a result mining area is fully secure. Railway line up to 17 km (Gudum) is functional & up to 42 km i.e. "Keonti" is expected to be completed by Nov '2017. The Rail line up to 95 km (Rowghat) will be completed by 2021.
An alternate plan for evacuation of iron ore by road till the year 2021:
With the present limited life of the existing reserves of iron ore 21 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
at Dalli-Rajhara of BSP mine and the increased iron ore requirement for the proposed hot metal production of BSP, development of Rowghat Deposit has become essential and urgent. Therefore an interim plan for evacuation of Iron Ore by Road has been prepared for this a traffic study of the existing road for the purpose was carried out along with base line air quality (one month) monitoring along the road evacuation corridor up to "Keonti". During the study it was also revealed that with the existing road only 0.3 Mt/yr., can be safely evacuated. No other changes have been proposed in the approved EIA/EMP by MoEFCC, GoI.
Hence we request that:
As the proposed change in scope of work is marginal and only for limited period up to 2021 and does not involve increase in annual production capacity, we seek Amendment/ modification for evacuation of iron ore by road, in the Environment Clearance already granted for Rowghat Iron ore Mining Project of M/s Steel Authority of India Limited, dated 4th June, 2009.
B. NEED FOR THE PROJECT AND ITS IMPORTANCE TO THE COUNTRY OR REGION :
SAIL's expansion & modernization program has increased hot metal production capacity to 23.2Mt/yr. Further, SAIL is also working on long term strategic plan "VISION 2025", which will steer the company towards a target of 50 Mt/yr hot metal productionin line with the Prime Minister's vision of enhancing India's steel-making capacity to 300 Mt/yr by 2025. Iron ore is one of the key inputs for hot metal production, therefore continuous supply of quality iron ore from mines is a pre-requisite for the success of expansion & modernization programme.
Entire iron ore requirement of SAIL (BSP) is being met from Dalli Rajhara group of iron ore mines, which is going to exhaust very soon (in a time period of around 9 years). Accordingly BSP, SAIL has planned augmentation of production & infrastructure 22 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
facilities at its Rowghat mine to commensurate with SAIL'sexpansion plan. Iron ore from Rowghat mines will be supplied to BSP. The project will not only help in supply of iron ore demand to BSP but also help in the overall growth of the region.
C. DEMAND AND SUPPLY GAP The major application of iron ore in India is for manufacture of iron and steel. India is one of the major producers and exporters of high grade iron ore. The iron ore production in India was 152.43 Mt for the year 2013-14. Out of total production of 152.43 Mt, domestic iron ore consumption was estimated to be 110.50 Mt for the same year which means the entire domestic demand is satisfied by domestic supplies of iron ore.The major iron ore producing states are Odisha, Jharkhand, Chhattisgarh, Karnataka and Goa. India is world's 4th largest iron ore producer and 3rdexporter after Australia and Brazil. India iron ore export during 2013-14 was 16.30 Mt showing decline in export from previous years.
SAIL is implementing its growth plan to enhance hot metal production capacity to 23.46 Mt/yr by 2015-16 with an investment of about Rs 72,000 crore. The iron ore requirement for the current expansion will increase to about 43 Mt/yr. In order to meet enhanced requirement of iron ore, production capacity of existing mines at Gua, Bolani, Kiriburu, Meghahatuburu, Barsua and Kalta is being expanded to its maximum potential and new mines are planned to be developed at Rowghat, Chiria and Taldih.
Iron ore produced from SAIL's captive mines are used up in the company's steel plants. SAIL's steel plants are being modernized and expanded. The proposed iron ore production from the Rowghat mine will help SAIL to meet its iron ore requirementof BSP.
D. EMPLOYMENT GENERATION The Rowghat mine will be headed by aMine Manager who will be responsible for the supervision, control and management of the block. The Mine Managershall report to the Mines Agent, all of 23 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
whom shall be provided residential accommodation at its township planned near Narayanpur. The senior most executive of BSP mines will normally be the Mines Agent for the entire complex. Director (Raw Material & Logistics)will be the nominated owner of Rowghat iron ore mines.
All statutory supervision i.e. Mines Foreman, Mining Mate etc.are being employed as specified in the Metalliferous Mines Regulation, 1961. A total of 1018 Nos. of employees will be employed at Rowghat mines. Most of the unskilled, semi-skilled and skilled workers will be local persons.
E. EXISTING ROAD CAPACITY (AS PER IRC) The road carrying capacity values have been determined as per the guidelines of IRC: 64-1990. As per "IRC: 64.1990: Guidelines for Capacity of Roads in Rural Areas", the carrying capacity for different road widths are given below:
Table 2: IRC: 64.1990: The Carrying Capacity of Roads in Rural Areas Sl. Type of road Suggested Design Service Volume in PCU/Day No (Carriageway Plain Rolling Hilly width) 1 Single lane road 2000 1800 1600 (3.75m) 2 Intermediate 6000 5700 5200 lane(5.5m) 3 Two Lane road 15000 10000 7000 (7.0m) The above values are subject to reduction/ increment based on the type of pavement, shoulder condition & width. In case of 2-lane roads, when the shoulder width is less than 1.8m, various reduction factors of IRC: 64 are to be considered to arrive at design service volumes.24
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
F. PROPOSED CARRYING CAPACITY OF THE PROJECT ROAD STRETCH The terrain condition considered for the project road stretch is generally plain terrain and accordingly the design service volumes have been considered. The existing traffic volume at Antagarh is 1728 PCU and this traffic volume has been considered for the entire project road stretch. Traffic survey at three points i.e Keonti, Antagarh and Dandak Van has been carried out. The PCU values at Antagarh is slightly less than the traffic survey conducted by PWD. Hence the PWD traffic survey data has been considered for assessing the residual carrying capacity of the project road. The road between Antagarh to Rowghat mine is the critical stretch as the width of the road is only 3.75m and all the vehicles will be passing through this stretch to ply between Rowghat mines and the railway siding near Keonti.
Table 3: Design service volume in PCU/day & carrying capacity available Sl. Project Road Stretch Existing Design Existing PCU Capacity No Carriagew service (based on available ay Width volume in Traffic (PCU) PCU/day (as survey per IRC 64) data) 1 Proposed Railway 7.0 15000*0.92= 1728 12072 siding near Keonti to 13800 Antagarh 2 Antagarh to Junction 3.75 2000 1728 272 on SH-5 3 Junction on SH-5 to 3.75 2000 1728 272 Rowghat mine Note: For Sl.No. 1 of the table a reduction factor of 0.92 has been considered due to shoulder width less than 1.8m as per IRC-64.
Thus analyzing the stretch between Antagarh to Rowghat mine from the above table it can be seen that this stretch can have spare capacity of only 272 PCU/day (both directions).
25Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
So, no. of PCUs = 272/2
in one direction
= 136 PCU/day
No. of Trucks 136/3 Nos.
= (considering
1Truck = 3 PCU)
= 45.3 Nos or 4 trucks
per hour
Quantity of Iron = 45*20 (considering
ore 20T payload per
transported/day truck)
=
900 T
Quantity of Iron ore =
900*330 (No. of
transported/year
working days
=330/year)
=
2,97,000T or say
3 lakh tons
Hence it can be seen that about 0.3 (Million tonnes per annum, Mtpa) can be transported through this stretch. Thus it can be concluded that in the present condition about 0.3 Mtpa can be transported through the proposed road keeping into consideration the safety and ecosystem of the area.
G. TRAFFIC DENSITY SURVEY RESULT In order the assess the existing traffic on various ore transporting roads, traffic survey on 24 hourly basis was conducted at the following 3 locations:
i. Near Keonti
ii. Antagarh
iii. Dandak Van
The above Monitoring locations showing road evacuation corridor are marked in Drawing No. MEC/C38G/11/16/2.0.
At each of the above locations number of two wheelers (motor-cycles & scooters), light vehicles (cars, jeeps / SUVs) and heavy vehicles (buses and trucks) were passing either way were counted hourly continuously for 24 hours.
26Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
The results of the traffic density survey near keonti, Antagarh and Dandak van are given in Tables 4, 5 and 6 respectively.
Table 4: Results of Traffic Density Survey on near keonti on 29-10-2016 Two Wheeler LMV HMV Time To To To To To To Narainpur Bhanupratapur Narainpur Bhanupratapur Narainpur Bhanupratapur 00:00 - 01:00 2 0 1 1 1 0 01:00 - 02:00 1 0 0 0 0 0 02:00 - 03:00 0 1 0 0 0 0 Table 4: Results of Traffic Density Survey on near keonti on 29-10-2016 03:00 - 04:00 0 0 0 0 0 0 04:00 - 05:00 8 3 2 4 0 0 05:00 - 06:00 9 10 6 7 4 1 06:00 - 07:00 12 13 12 10 2 3 07.00 - 08.00 19 16 8 12 8 4 08.00 - 09.00 23 20 13 17 10 6 09.00 - 10.00 30 23 20 22 7 6 10.00 - 11.00 32 37 27 35 6 5 11.00 - 12.00 44 40 36 30 9 7 12.00 - 13.00 33 36 18 24 6 7 13.00 - 14.00 21 45 23 29 11 8 14.00 - 15.00 13 30 16 21 10 4 15.00 - 16.00 20 22 21 34 6 5 16.00 - 17.00 18 16 14 18 4 8 17.00 - 18.00 11 19 9 14 3 9 18.00 - 19.00 14 13 13 7 2 4 19.00 - 20.00 10 12 11 11 2 5 20.00 - 21.00 7 8 8 6 3 1 21.00 - 22.00 4 6 10 10 4 2 22.00 - 23.00 6 3 4 7 1 0 23.00 - 00.00 3 4 1 2 0 1 Total Vehicles 340 377 273 321 99 86 PCU's (1509) 170 189 273 321 297 258 27 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Table 5: Traffic Density Survey near Antagarh on 29-10-16 Date:29.10.16 Place: Antagarh Two Wheeler LMV HMV Time To To To To To To Narainpur Bhanupratapur Narainpur Bhanupratapur Narainpur Bhan uprat apur 00:00 - 01:00 0 2 0 2 0 1 01:00 - 02:00 0 0 0 0 0 0 02:00 - 03:00 0 0 0 0 0 0 03:00 - 04:00 0 0 0 0 0 0 04:00 - 05:00 4 6 1 1 2 1 05:00 - 06:00 11 12 7 3 1 4 06:00 - 07:00 17 9 11 9 3 6 07.00 - 08.00 23 13 14 12 6 7 08.00 - 09.00 18 18 16 33 6 8 09.00 - 10.00 22 27 28 25 8 8 10.00 - 11.00 31 35 30 31 11 7 11.00 - 12.00 47 44 36 37 10 4 12.00 - 13.00 36 40 17 26 10 13 13.00 - 14.00 27 43 15 20 11 8 14.00 - 15.00 39 26 22 30 7 9 15.00 - 16.00 20 19 30 17 5 10 16.00 - 17.00 16 28 14 21 9 6 17.00 - 18.00 11 37 19 16 8 6 18.00 - 19.00 14 20 11 8 6 4 19.00 - 20.00 11 16 8 3 4 3 20.00 - 21.00 6 12 6 6 4 1 21.00 - 22.00 4 10 2 4 2 2 22.00 - 23.00 8 6 1 4 1 2 23.00 - 00.00 2 7 1 3 1 3 Total Vehicles 367 430 289 311 115 11 3 PCU's (1682) 183.5 215 289 311 345 339 Table 6: Traffic Density Survey on Dandhak Van on 29-10-16 Date:29.10.16 Place: Dandak Van Two Wheeler L H Time M M V V To To To Narainpur To To To Narainpur Bhanuprata Bhanupratap Narainpur Bhanuprata pur ur pur 00:00 - 01:00 1 0 0 0 0 1 01:00 - 02:00 1 0 0 0 0 0 02:00 - 03:00 0 0 0 0 0 0 03:00 - 04:00 0 0 0 0 0 0 04:00 - 05:00 2 3 2 1 2 1 28 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
05:00 - 06:00 4 1 6 4 1 3 06:00 - 07:00 8 6 11 6 3 6 07.00 - 08.00 11 7 13 10 5 6 08.00 - 09.00 17 17 12 11 6 5 09.00 - 10.00 28 20 20 17 7 410.00 - 11.00 30 21 26 21 10 5 11.00 - 12.00 37 23 31 24 8 6 12.00 - 13.00 18 24 19 30 9 11 13.00 - 14.00 14 25 13 27 7 7 14.00 - 15.00 20 31 25 21 7 8 15.00 - 16.00 31 21 18 29 5 10 16.00 - 17.00 13 32 19 23 8 6 17.00 - 18.00 11 16 11 19 8 4 18.00 - 19.00 8 11 7 12 6 3 19.00 - 20.00 6 6 3 7 3 1 20.00 - 21.00 4 7 2 3 3 2 21.00 - 22.00 5 2 2 6 2 1 22.00 - 23.00 3 3 1 2 1 1 23.00 - 00.00 1 0 1 0 0 2 Total Vehicles 273 276 242 273 101 93 PCU's (1372) 136.5 138 242 273 303 279 H. POSSIBLITY OF INCREASING TRUCK TRAFFIC FROM SAIL'S MINES The terrain condition considered for the project road stretch is generally plain terrain and accordingly the design service volumes have been considered. The existing traffic volume at Antagarh is 1728 PCU (reference PWD survey data) and this traffic volume has been considered for the entire project road stretch.
The road between Antagarh to Rowghat mine is the critical stretch as the width of the road is only 3.75m and all the vehicles will be passing through this stretch to ply between Rowghat mines and the railway siding near Keonti.
As per IRC:64 "Guidelines for Capacity of Roads in Rural Areas, the recommended design service volume for single lane roads (3.75 m) on plain terrain (Rowghat Mine to Antagarh) is 2000 Passenger Car Units (PCUs) per day.
29Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
The existing traffic density on SH-5 (near Antagarh) has been found to be 1728 PSU/day. Hence, the total carrying capacity available is 272 PCU/day for the Rowghat to Keonti Siding stretch.
Further, for the two lane roads on plain terrain (Antagarh to Keonti stretch) is 15000 Passenger Car Units (PCUs) per day and the reduction factor for shoulder width of 1.2 m is 0.92. Accordingly, the recommended design service volume comes down to 13800 PCUs/day.
Considering existing traffic density on SH-5 (near Antagarh) to be 1728 PSU/day and the proposed additional traffic load from Antagarh to kentia stretch to be about 272 PCU/day, the total expected heavy vehicle traffic on Antagarh to keonti stretch shall be about 2000 nos./ day, which is very minimal compared to the traffic carrying capacity available.
I. ENVIRONMENTAL IMPLICATIONS OF CHANGED SCENARIO The following environmental attributes may be affected due to changes in production planning:
1. Emissions and air quality &
2. Noise level J. Micro Meteorology Prevailing micro-meteorological conditions regulates the dispersion and dilution of air pollutants in the atmosphere.
In view of the above meteorological station was set up at BSP Hospital, Antagarh.
The following parameters were recorded at hourly intervals continuously during the monitoring period (Oct. - Nov. 2016).
• Wind speed
• Wind Direction
• Air Temperature
• Relative humidity
30
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Whereas, rainfall was recorded on hourly basis.
Tables 7 gives the summary of monitored meteorological data (Oct.- Nov. 2016).
Table 7: Summarised Meteorological Data during monitoring period Month Wind speed (m/s) Temperature (°C) Relative humidity Rainfall (mm) (%) Mean Max. % of Mean Highest Lowest Me Highes Low Tot 24 No. Calm an t est al hrs. of highe Rain st y days Oct.- 0.16 2.38 88.01 26.82 36.3 18.0 69. 93.6 8.3 2 1 03 Nov., 25 2016 Wind frequency distribution as monitored is given at Table 8. From the table it can be seen that during the monitoring period (Oct. - Nov. 2016). Overall including day and night the predominant wind direction is from SSW (2.48%), followed by S (2.07%), SW (1.66%) and N (1.66%). The calm conditions prevailed for 88.02% of the time. During day time predominant wind direction was SSW (4.64%) followed by NNW (4.10%), S (3.83%) and N (3.01%); calm conditions prevailed for 78.69% of the time. During night time the predominant wind is SSE (0.83%) followed by N, NNE, ESE, SE, S and SSW (0.28%) and calm condition prevailed for 97.28% of the time."
9. The traffic density study was again done vide a report dated July, 2021 while moving amendment in EC for changes in operations of Raoghat Iron Ore Project and the study as narrated reveals as follows:-
A. Traffic Density Study Traffic Density was studied on the proposed haul routes on SH-5 at the following three locations:
i. SH-5 [Narayanpur to Rajnandgaon Road] Near Dandakvan 31 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Security Camp(TD1) ii. SH-5 [Narayanpur to Rajnandgaon Road] near Tadoki (TD2) iii. SH-5 on outskirts of Antagarh before turn-off to Antagarh Rly. Siding (TD3) The number of two-wheelers, light motor vehicles and heavy vehicles going both-ways was recorded every hour continuously for seven days stating from 16th February, 2021 early morning. The summarized results of traffic survey are given in Tables 3.25.1, 3.25.2 and 3.25.3. The date wise data is given.
Table 3.25.1: Traffic on SH-5 [Narayanpur to Rajnandgaon Road] Near Dandakvan Security Camp at 19o52'50.2"N, 81o12'28.4"E Towards Bhanupratapur Towards Naryanpur Traffic In Terms Of Time PCUs * Agri. Agri.2 2
LMVs Tractors, HMVs LMVs Tractor HMV
Wheelers Wheelers
LCVs s, s
LCVs
0600 - 0700 hrs. 7 - 14 4-8 4-9 4-9 6 - 12 3-7 3 - 12 4 - 57.5 - 82
6
0700 - 0800 hrs. 9 - 22 1-7 6 - 15 5-9 11 - 19 1-5 5-9 5 - 68 - 91.5
7
0800 - 0900 hrs. 14 - 25 2 - 11 9 - 15 1-5 15 - 32 4-7 6 - 16 3-7 74 - 103.5
0900 - 1000 hrs. 21 - 31 5-9 13 - 25 5-9 23 - 35 6 - 12 11 - 21 4-7 113 - 142.5
1000 - 1100 hrs. 27 - 35 3 - 10 10 - 16 3-7 25 - 32 6 - 12 9 - 14 5 - 8 101.5 - 125.5
1100 - 1200 hrs. 14 - 28 4-9 10 - 15 4-6 12 - 36 5 - 12 2 - 17 5 - 11 94 - 118
1200 - 1300 hrs. 17 - 33 7 - 13 7 - 12 3-9 10 - 28 5-8 9 - 15 4-7 91.5 - 122.5
1300 - 1400 hrs. 20 - 34 4 - 12 7 - 18 4-7 17 - 31 1-9 8 - 13 4-6 82.5 - 126
1400 - 1500 hrs. 12 -18 3 - 12 7 - 14 1-6 6 - 23 4-8 4 - 12 3-7 57 - 85.5
1500 - 1600 hrs. 12 - 27 6 - 14 5 - 13 3-4 10 - 21 3-8 4 - 16 2-6 71 - 88.5
1600 - 1700 hrs. 9 - 24 5-9 5 - 14 2-4 9 - 25 1-7 7 - 11 2-6 66 - 81.5
1700 - 1800 hrs. 13 - 23 5-9 6 - 12 5-9 20 - 33 4-6 8 - 11 3-6 87.5 - 101.5
1800 - 1900 hrs. 7 - 12 3-6 8 - 11 2-6 17 - 23 2-8 5-7 2-6 51.5 - 85
1900 - 2000 hrs. 3-8 1-2 6-9 4-5 4 - 15 1-5 5 - 12 2-8 51 - 82
2000 - 2100 hrs. 2-5 1-3 3-7 3-7 2-5 1-4 4 - 14 3-5 44.5 - 59.5
2100 - 2200 hrs. 1-4 0-2 0-5 3-5 0-2 1-3 2-4 2-4 28.5 - 36
2200 - 2300 hrs. 0-2 0-2 0-3 0-1 0-2 0-1 0-1 0 3.5 - 10.5
2300 - 0000 hrs. 0 0 0 0 0 0 0 0 0
0000 - 0100 hrs. 0 0 0 0 0 0 0 0 0
0100 - 0200 hrs. 0 0 0 0 0 0 0 0 0
0200 - 0300 hrs. 0 0 0 0 0 0 0 0 0
0300 - 0400 hrs. 0-2 0-1 0-2 0 0-1 0 0-1 0-1 0.5 - 7
0400 - 0500 hrs. 2-4 1-3 0-2 0 0-5 1-3 1-3 0 6.5 - 13.5
0500 - 0600 hrs. 4-9 1-3 1-3 1 3-8 2-4 1-5 0 13.5 - 29
TOTAL 233 - 314 72 - 114 142 - 172 66 - 93 255 -310 68 - 99 129 - 157 72 - 89 1245 - 1447
1 2-wheeler = 0.5 PCU; 1 LMV = 1 PCU; 1 Agri. Tractor / LCV = 1.5 PCUs; 1 HMV = 3 PCUs 32 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Table 3.25.2: Traffic on SH-5 [Narayanpur to Rajnandgaon Road] near Tadoki at 19o57'55.8"N, 81o09'28.0"E Towards Bhanupratapur Towards Naryanpur Traffic In Time Terms Of Agri. 2 Agri. PCUs * 2 LMVs Tractors, HMV Wheelers LMVs Tractors HMVs Wheeler LCVs s LCVs s 0600 - 0700 hrs. 6 - 25 5 - 11 6 - 12 4 - 12 4 - 20 3 - 18 6 - 18 3 - 14 67.5 -
174.5 0700 - 0800 hrs. 14 - 31 4 - 13 4 - 16 3-8 10 - 24 5 - 16 4 - 20 3-9 85 - 138.5 0800 - 0900 hrs. 21 - 54 1 - 21 5 - 29 5 - 14 22 - 44 3 - 20 6 - 25 3 - 14 74.5 -
227.5 0900 - 1000 hrs. 29 - 71 2 - 11 11 - 22 5 - 11 39 - 91 4 - 12 9 - 29 5 - 10 134 - 206.5 1000 - 1100 hrs. 60 - 81 7 - 10 9 - 15 6 - 16 52 - 80 7 - 13 9 - 23 2 - 17 156.5 - 257 1100 - 1200 hrs. 42 - 101 3 - 24 4 - 64 7 - 18 48 - 122 4 - 21 5 - 33 9 - 16 171 - 315.5 1200 - 1300 hrs. 27 - 89 4 - 21 7 - 27 6 - 17 39 - 76 4 - 29 8 - 20 5 - 15 135.5 - 240 1300 - 1400 hrs. 38 - 94 2 - 15 10 - 20 6 - 15 37 - 95 4 - 11 11 - 22 3 - 18 114 - 259.5 1400 - 1500 hrs. 42 - 78 0 - 19 12 - 24 2 - 20 37 - 55 4 - 20 5 - 16 6 - 19 107 - 252 1500 - 1600 hrs. 39 - 107 3 - 19 12 - 33 1 - 18 35 - 95 2 - 25 6 - 26 1 - 19 100 - 329.5 1600 - 1700 hrs. 18 - 59 9 - 25 15 - 31 8 - 13 13 - 69 8 - 23 15 - 18 12 - 147.5 -
14 203.5 1700 - 1800 hrs. 17 - 50 4 - 11 11 - 28 6 - 13 39 - 107 8 - 14 8 - 27 6 - 12 142 - 223 1800 - 1900 hrs. 11 - 42 2 - 14 9 - 22 4 - 16 18 - 58 4 - 16 7 - 21 4 - 13 103 - 220 1900 - 2000 hrs. 8 - 25 2 - 12 12 - 22 6 - 13 16 - 27 4 - 22 9 - 17 5 - 14 100 - 170 2000 - 2100 hrs. 6 - 28 4 - 24 5 - 19 5 - 12 9 - 17 3 - 17 7 - 21 6 - 13 86.5 - 154 2100 - 2200 hrs. 1 - 15 1 - 13 7 - 15 3-7 3 - 12 0 - 10 6 - 20 3 - 7 54.5 - 103.5 2200 - 2300 hrs. 1-7 0-5 3-5 1-3 2-5 0-3 2-7 1-2 15 - 39 2300 - 0000 hrs. 0 0 0-1 0-1 0 0 0-2 0 0 - 4.5 0000 - 0100 hrs. 0 0 0 0 0 0 0 0 0 0100 - 0200 hrs. 0 0 0 0 0 0 0 0 0 0200 - 0300 hrs. 0 0 0 0 0 0 0 0 0 0300 - 0400 hrs. 2-4 0-1 0-5 0 1-9 0-2 1-3 0 6 - 21.5 0400 - 0500 hrs. 3 - 11 1-2 1-6 0-2 2-8 0-4 0-5 0-2 5 - 41 0500 - 0600 hrs. 2 - 17 1-4 2-8 1-7 1 - 15 2-6 2-9 0-6 18.5 - 74 TOTAL 595 -825 117 222 174-338 118 - 586 -787 110 - 184 - 134 - 2213 -
197 234 322 181 3089.5 1 2-wheeler = 0.5 PCU; 1 LMV = 1 PCU; 1 Agri. Tractor / LCV = 1.5 PCUs; 1 HMV = 3 PCUs Table 3.25.3: Traffic on SH-5 [Narayanpur to Rajnandgaon Road] on outskirts of Antagarh at 20o05'23.9"N, 81o09'13.8"E Towards Bhanupratapur Towards Naryanpur Traffic In Time Terms Of PCUs* 2 Agri. 2 Agri.
Wheeler LMVs Tractors, HMV Wheelers LMVs Tractors, HMV
s LCVs s LCVs s
0600 - 0700 hrs. 4 - 23 0-5 3-6 1 - 12 8 - 23 0-5 3-6 4 - 24 41 - 148
0700 - 0800 hrs. 18 - 60 1-6 11 - 14 4-6 26 - 38 7-8 6 - 16 12 - 126 -
36 229.5
0800 - 0900 hrs. 29 - 125 2-5 9 - 22 1 - 11 44 - 116 3-8 8 - 23 10 - 138.5 -
40 259.5
0900 - 1000 hrs. 66 - 134 4-8 17 - 29 4 - 13 102 - 160 6 - 11 23 - 45 9 - 17 233.5 -
325
1000 - 1100 hrs. 79 - 179 8 - 18 20 - 32 4-7 56 - 135 6 - 20 25 - 34 9 - 16 239 -
347
1100 - 1200 hrs. 96 - 213 10 - 23 - 40 5 - 16 111 - 188 8 - 14 20 - 51 18 - 300.5 -
22 22 429
1200 - 1300 hrs. 75 - 112 9 - 14 20 - 29 4 - 28 80 - 139 12 - 21 29 - 36 10 - 241.5 -
14 374
1300 - 1400 hrs. 90 - 132 9 - 16 15 - 36 6 - 65 93 - 125 10 - 20 25 - 33 5-9 244.5 -
33
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
447.5
1400 - 1500 hrs. 91 - 120 5 - 12 22 - 41 8 - 28 94 - 131 12 - 16 16 - 29 5- 214 -
12 357.5
1500 - 1600 hrs. 86 - 139 9 - 15 22 - 32 7 - 27 100 - 136 9 - 14 21 - 29 4-6 243 -
361.5
1600 - 1700 hrs. 78 - 125 3 - 12 24 - 34 8 - 32 86 - 130 9 - 13 20 - 42 4- 237.5 -
14 335
1700 - 1800 hrs. 91 - 136 9 - 15 22 - 37 8 - 22 71 - 117 6 - 14 14 - 31 6-8 231 -
312.5
1800 - 1900 hrs. 48 - 118 5 - 12 18 - 31 5 - 27 42 - 107 5 - 12 16 - 24 3-7 166.5 -
259.5
1900 - 2000 hrs. 62 - 105 6-8 10 - 22 6 - 11 61 - 91 4-8 10 - 26 2- 146 -
10 212.5
2000 - 2100 hrs. 56 - 96 4 - 14 4 - 25 4 - 11 42 - 104 2-9 5 - 27 3-9 139.5 -
209
2100 - 2200 hrs. 52 - 86 3-7 6 - 17 3-9 40 - 101 4-8 4 - 15 2 - 14 117 -
185
2200 - 2300 hrs. 12 - 51 0-2 1-3 0 11 - 27 0-1 0-7 0 13 -
46.5
2300 - 0000 hrs. 0 0 1 0-1 0 0 0 0 3 - 4.5
0000 - 0100 hrs. 0 0 0 0 0 0 0 0 0
0100 - 0200 hrs. 0 0 0 0 0 0 0 0 0
0200 - 0300 hrs. 0 0 0-1 0 0 0 0-1 0 0-3
0300 - 0400 hrs. 1-3 0 0-3 0 0-2 0 0-5 0 3.5 -
13.5
0400 - 0500 hrs. 2-6 0-1 2-4 0 0-7 0-1 0-3 0 7.5 - 16
0500 - 0600 hrs. 2 - 19 1-3 1-4 1 1 - 14 1-2 2-3 0 15 - 29
TOTAL 1305 - 123 - 312 - 129 - 1340 -1673 125 - 317 - 426 131 - 3572.5 -
1721 174 403 213 184 207 4338
1 2-wheeler = 0.5 PCU; 1 LMV = 1 PCU; 1 Agri. Tractor / LCV = 1.5 PCUs; 1 HMV = 3 PCUs As per IRC:64"Guidelines for Capacity of Roads in Rural Areas", the recommended design service volume for roads on various terrains with low curvature (<51o/km) is given in Table 3.26:
Table 3.26: Carrying capacity for different road widths Sl. Type of road Suggested Design Service Volume in PCU/Day No (Carriageway Plain Rolling Hilly width) 1 Single lane road (3.75m) 2000 1800 1600 2 Intermediate lane(5.5m) 6000 5700 5200 3 Two Lane road (7.0m) 15000 10000 7000 The stretch of SH-5 [Narayanpur to Rajnandgaon Road] from Narayanpur up to near Tadoki has a 3.75 m wide carriage-way with much wider unpaved shoulders on both sides. Beyond Tadoki the carriage-way width has been increased to 5.5 m and this width is more or less maintained beyond Antagarh.
Present maximum traffic volume on SH-5 near Dandakvan Security Camp is ~1450 Passenger Car Units (PCUs) per 34 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
dayi.e. within the Suggested Design Service Volume. Just beyond Tadoki, the maximum traffic is ~3090 PCUs /day whereas near Antagarh just before the diversion leading to Antagarh siding the maximum traffic is ~4340 PCUs /day. Thus, the present traffic volume on this stretch of SH-5 is within the threshold limits for intermediate-lane roads."
10. The study further reveals the impact as follows A. "ANTICIPATED ENVIRONMENTAL IMPACTS AND MANAGEMENT PLAN The proposed modification in operation of Rowghat Iron Ore Project envisages change operations.
The original proposal envisaged opening a new open cast iron ore mine (Rowghat) with rated capacity of 14.0 MTPA. The mined ore would be despatched by rail to Bhilai Steel Plant (BSP) by rail. The rail link would be developed by extending the existing Bhilai to Dalli- Rajhara railway line by ~95 km up to Rowghat.
However due to various problems neither the mine could be developed nor the rail link completed in time. Hence in 2017, the original EC was amended to allow opening the mine initially with rated capacity of 0.3 MTPA; the mined ore would be trucked part of the way towards BSP up to Keonti where the ore would be loaded onto railway wagons.
Inspite of all efforts even the modified proposal could not be implemented. However now the mine can commence production with a rated capacity of 1.0 MTPA. Construction of the railway line has also advanced by ~ 17 km from Keonti to Antagarh with another ~11 km section from Antagarh to Bondanar at an advanced stage of construction. It is proposed to commence mining @ 1.0 MTPA. However due to limitation in road capacity 35 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
the mine will be operated @ 0.8 MTPA (refer Clause 4.2 below ). The ore would be trucked to Antagarh railway siding (total distance of ~54 km of which ~45 km would be through public roads) for loading onto railway wagons. On commissioning of Bondanar railway siding the trucking of mined ore will switch to Bondanar (total haulage distance of ~43 km).
B. IMPACTS ON LAND USE The proposed amendment would not affect land use in any way as only mode of mineral transport would change temporarily.
C. IMPACT ON EXISTING TRAFFIC INFRASTRUCTURE Iron ore produced at the new Rowghat Mine shall be despatched by road and rail. Initially the ore would be despatched by road up to Antagarh railway siding (haulage distance ~54 km) for subsequent despatch to BSP by rail. Once the rail link is extended from Antagarh to Bondanar, the ore will be trucked to Bondanar (haulage distance ~43 km). The despatch will involve trucking of material through SAIL's internal roads over a distance of 8.8 km to the State Highway leading from Narayanpur to Rajnandgaon and Bhilai, Raipur.
Present maximum traffic volume on SH-5 [Narayanpur to Rajnandgaon Road] near Dandakvan Security Camp is ~1450 Passenger Car Units (PCUs) per day (ref. Table 3.25.1 in Chapter
3). This stretch up to near Tadoki has a 3.75 m wide carriage-way with much wider unpaved shoulders on both sides. Beyond Tadoki the carriage-way width has been increased to 5.5 m and this width is more or less maintained beyond Antagarh. Just beyond Tadoki, the maximum traffic is ~3090 PCUs /day (ref. Table 3.25.2 in Chapter 3) whereas near Antagarh just before the diversion leading to Antagarh siding the maximum traffic is ~4340 PCUs /day.
36Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
With the mine capacity at 0.8 MTPA, considering 350 days of operation per year and material despatch in 30 t capacity trucks, about 75 trucks will be despatched daily. The traffic on the road will increase by 150 trucks per day which is equivalent to 450 PCUs per day. The resultant traffic volume on SH-5 up to Dandakvan (and a few km beyond as there are no settlements or activities on this stretch which can contribute vehicular traffic) will be 1900 PCUs per day i.e. within the recommended design volume of 2000 PCUs per day as recommended by IRC:64 "Guidelines for Capacity of Roads in Rural Areas".
Beyond Tadoki there is enough spare capacity of the road to handle despatch of 0.8 MTPA of iron ore from the mine.
It is to be noted that the width of SH-5 is being increased, initially to 5.5 m, by the concerned State Government agency (PWD). Once the road widening is complete, there will be enough spare capacity.
When the entire road is widened to 5.5 m, the capacity of the mine may be increased.
D. IMPACTS ON AMBIENT AIR QUALITY Iron ore handling and transportation activities generates fugitive dust. Emissions from diesel powered earth moving and material handling machinery also contribute air pollutants during transportation. However, the fugitive dust during loading/unloading is not expected to spread beyond lease area. During transportation of ore outside the lease area, the emission shall be limited to close to road sides. Gaseous pollutants like SO2, NOx and CO will also be added to the ambient air due to vehicular traffic movement associated with the construction phase. Gaseous emissions from construction machineries and 37 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
vehicles will be controlled by technological means as well as emission reduction practices.
During the operation period the impacts that are associated with the air quality are:
≠ Deterioration of air quality due to generation of fugitive dust emissions from activities like excavation, hauling and dumping of excavated ore.
≠ Generation of pollutants due to operation of diesel powered heavy vehicles and other machinery.
0.8 MTPA of Iron Ore from Block A shall be hauled to Antagarh Railway siding in 30 t tipper trucks. Considering 350 days of operation per year and mineral despatch over a period of 12 hours per day, approximately 6 - 7 truck-loads of material will be dispatched every hour to the railways siding.
The PM10, PM2.5 emissions due to road emissions and other activities are calculated based on AP-42 and field observations. For gaseous emissions based on the percentage of sulphur present in diesel and the emission rates monitored by USEPA." .
11. The learned counsel for the appellant has submitted that the impugned Order gave an ex post facto clearance for the use of the "Proposed Haul Route" for transportation of iron ore, which was already in use by the Project Proponent ever since regular iron ore mining started in Rowghat mines. The Haul Route has three components - the Approach road, the transportation corridor and the railway siding, all three of which were altered by the Project Proponent without any information to the EAC and without any prior EC. The EC was subsequently amended vide the Impugned order, making it an ex post facto clearance, which is illegal.
38Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
a) Approach Road approved by EC amendment in 2017, and approval extended in 2021, is the road from Block A (north end of Rowghat mine) to the SH-5 near Dandakvan. However, this was never built by the project proponent.
But the Approach Road built by project proponent and granted approval via impugned order is the road from the Anjrel Block (centre of the mine) via Khodgaon.
b) Railway Siding approved by EC amendment in 2017 and approval extended in 2021 - is at "Keonti" village. It was for this yard that ground level concentrations of air pollutants were predicted for unloading of trucks carrying 0.3 MTPA.
However, the Railway Yard that was constructed by the Project Proponent, and granted approval post facto by the impugned order is at Antagarh. No studies have been done till date the predict the Ground Level Concentrations of air pollutants due to unloading of trucks carrying 2 MTPA.
c) Transportation corridor approved by the EC amendment in 2017, which was extended in 2021, is via the SH-5, covering a short route of 77 kms along the Narayanpur-Antagarh road.
However, ever since regular mining commenced on 24.8.2022, the routes adopted by the mining trucks have been via a 232 km long route through Narayanpur - Kondagaon - Kanker -
Bhanupratappur - Antagarh. Empty trucks, after unloading the iron ore, take the short route along the Antagarh- Narayanpur, at night.
This route was given post facto clearance vide the impugned order.
39Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
12. Learned counsel for the appellant has further relied on Common Cause vs. Union of India (2017) 9 SCC pg. 499 where it was held :
"125. We are not in agreement with the learned counsel for the mining leaseholders. There is no doubt that the grant of an EC cannot be taken as a mechanical exercise. It can only be granted after due diligence and reasonable care since damage to the environment can have a long-term impact. EIA 1994 is therefore very clear that if expansion or modernisation of any mining activity exceeds the existing pollution load, a prior EC is necessary and as already held by this Court in M.C. Mehta [M.C. Mehta v. Union of India, (2004) 12 SCC 118] even for the renewal of a mining lease where there is no expansion or modernisation of any activity, a prior EC is necessary. Such importance having been given to an EC, the grant of an ex post facto environmental clearance would be detrimental to the environment and could lead to irreparable degradation of the environment. The concept of an ex post facto or a retrospective EC is completely alien to environmental jurisprudence including EIA 1994 and EIA 2006. We make it clear that an EC will come into force not earlier than the date of its grant." [emphasis added].
In Alembic Pharmaceuticals Ltd. v. Rohit Prajapati, (2020) 17 SCC 157, the Hon'ble Supreme Court held that ex post facto EC cannot be held valid-
"23. The concept of an ex post facto EC is in derogation of the fundamental principles of environmental jurisprudence and is an anathema to the EIA Notification dated 27-1-1994. It is, as the judgment in Common Cause [Common Cause v. Union of India, (2017) 9 SCC 499] holds, detrimental to the environment and could lead to irreparable degradation. The reason why a retrospective EC or an ex post facto clearance is alien to environmental jurisprudence is that before the 40 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
issuance of an EC, the statutory notification warrants a careful application of mind, besides a study into the likely consequences of a proposed activity on the environment. An EC can be issued only after various stages of the decision-making process have been completed.
Requirements such as conducting a public hearing, screening, scoping and appraisal are components of the decision-making process which ensure that the likely impacts of the industrial activity or the expansion of an existing industrial activity are considered in the decision-making calculus. Allowing for an ex post facto clearance would essentially condone the operation of industrial activities without the grant of an EC. In the absence of an EC, there would be no conditions that would safeguard the environment. Moreover, if the EC was to be ultimately refused, irreparable harm would have been caused to the environment. In either view of the matter, environment law cannot countenance the notion of an ex post facto clearance. This would be contrary to both the precautionary principle as well as the need for sustainable development."
[Emphasis added].
13. Learned counsel for the project proponent Mr. Gaurav Bhatia representing the M/s Steel Authority of India, has argued that these matters were raised before Hon'ble High Court of Chhattisgarh, Bilaspur vide Writ Petition (C) No. 795/2021, in the matter of Mohan Singh Dharro & Ors.
Vs. Union of India & Ors., and learned counsel for the appellant has raised the issue before Hon'ble High Court and after giving an opportunity of hearing to all concerned and matters involved in this case Hon'ble the 41 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. Court decided the matter and dismissed the application in the following words. The copy of the order is extracted below :-
"HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 795 of 2021 Mohan Singh Darro and others Versus Union Of India and others Dated 17.02.2021 Ms. Shalini Gera, Counsel for the petitioners. Mr. Ramakant Mishra, ASG for the Union of India/ respondents No. 1 & 2.
Dr. Saurabh Kumar Pande & Mr. Vinod Chawada, Counsel for the Steel Authority of India/ respondent 3.
Mrs. Richa Shukla, Dy. G.A. for the State/ respondent No. 4.
Heard on I.A. No. 01, application for interim relief. Learned counsel for the petitioners submits that initially the environmental clearance was granted for excavation of the Iron Ore at Rowghat in the year 2009 by Annexure P/2 dated 04.06.2009 and according to the original environmental clearance, the Iron Ore was to be despatched to screening plant through down-hill closed conveyor consisting of pipe conveyors and thereafter to be uploaded at Rowghat Railway siding. It is stated that since the Rowghat Railway line could not be laid down, as such, in the year 2016 Bhilai Steel Plant sought for amendment in the original environmental clearance by Annexure P/3 dated 22.12.2016 and according to the request, the amendment was sought for that the Iron Ore would be transported to Keonti by road thereafter onwards to Dalli- Raihara by rail for period upto 2021. It is stated that the Government of India by Annexure P/6, without following the due process of public hearing or giving any access to the local public, acceded to the request in the year 2017 which was not made known to the general people, at large, as evident from the letter dated 23.06.2020 and RTI information vide Annexure P/7 dated 19.06.2020 shows that that no public consultation was taken.42
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Therefore, the shifting or transportation of the Iron Ore by road would amount to public health hazards as the different studies to this effect would show that it will have adverse effect on public health as also the crop would be damaged/destroyed while the heavy vehicles are allowed to ply with the Iron Ore on such roads as there is a poor management of control by the transport. Further it is stated that the Hon'ble Supreme Court in 2017(5)SCC434 has taken note of these likewise situations and has considered the presence of the Railway siding and the Railway sub-line and held that it would be most significant step in controlling the environmental pollution which persist on account of open movement of Iron Ore by road. It is further contended that presently the Iron Ore is being started to be excavated and as per the newspapers report, only 10 trucks have been allowed to ply whereas the due process of public hearing has not been taken while the amendment to environmental clearance & plan was allowed. As such, any subsequent excavation cannot be given a precedent over the law. It is further submitted that the documents attached with this writ petition would show that due to the movement of the trucks, severe accidents are also caused despite spreading of heavy dust in the area, therefore at this stage the respondents may not be allowed to excavate the Iron Ore thereby transport it by road to cause pollution.
Per contra, learned counsel for the respondents No. 1 & 2 prays for time and submits that the environmental clearance was given in the year 2017 and after a long gap it is being challenged in the year 2021. It is further submitted that the petitioner has failed to show their locus as to how they are affected.
Learned counsel for the respondent No. 3-Steel Authority of India submit that the permission was granted to the Bhilai Steel Plant to excavate the Iron Ore in the year 2009 and the Railway Station Antagarh is nearer to the excavation point. It is stated that in order to reach Keonti, further distance of 10 kms by road is required to be traveled which is reduced herein. It is submitted 43 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
that the environmental clearance is uptil December 2021 and till date the Bhilai Steel Plant has spent 1900 Crores and the Rowghat Railway line could not be laid down to the extent of 95 kms because of the naxal menace in the area. As obstruction and violence are made to stop the laying down of railway line and a single incident of violence delays the implementation of project for many months as on account of fear no workers would be available. It is stated that the violence is carried out to disrupt the entire project, therefore there is delay and thus 35 kms of Railway line still remains to be laid down. Therefore uptil December 2021 the date of permission, no substantial damage would be caused to the petitioners or the nearby villagers. It is further submitted that for the development of project, 900 Crores have already been spent and with the passage of time if the situation comes to normalcy and the naxal violence is arrested, 35 kms line further would be laid down within time which would allow to the transportation of the Iron Ore by Railways.
Heard learned counsel for the parties on the interim application and perused the documents available on record. The documents would show that initially the permission by environmental clearance was made in the year 2009 by Annexure P/2 wherein the despatch of Iron Ore was arranged to be made by a conveyor at Rowghat then from Rowghat it was to be carried to Dalli-Raihara and to the different points by Railway. Subsequently, the Steel Authority of India by Annexure P/3 in the year 2016 sought for amendment in the environmental clearance and plan for the reason that due to the naxal disturbance in the area and even deployment of the security forces in phase manner, laying down of the Rowghat line could not be completed and the line have reached up to Gudum and expected to reach Keonti by end of year 2017 and Rowghat by the end of the year 2021. The Government of India by Annexure P/6 approved the proposal which reads as under:-
"(2.18). Rowghat Iron Ore Mining Project of M/s Steel Authority of India Limited (SAIL) (14.0 MTPA, M.L.A. 44 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
2028.797 Ha) located in Matla Reserve Forests in Districts of Narainpur and Kanker, chattisgarh - Amendment of EC for transportation of ore from Rowghat M.L. to "Keonti" by road and further onwards to Dalli-Raihara/ Bhilai through rail for a period up to 2021.
The proposal of M/s Steel Authority of India Limited (SAIL) is for Amendment in EC granted vide letter no.
J11015 / 331/ 2006 -IA.II (M) dated 4th June, 2009 and 15th March, 2010 for transportation of 0.3 million TPA of ore from Rowghat M.L. to "Keonti" by road and further onwards to Dalli Raihara/ Bhilai through rail for a period up to 2021.
During the presentation the PP has reported that development and production from Rowghat M.L. could not be commenced due to delay in approach of the railhead from Dalli Raihara to Rowghat due to "Naxal" disturbance in the area and in turn deployment of security forces in phase manner. The rail head has now reached upto "Gudum" and is expected to reach "Keonti" by end of 2017 and Rowghat by end of 2021. Further, the PP has submitted before the EAC that permission for transportation of ore is sought for 0.3 million TPA.
The EAC deliberated on the proposal submitted by the PP. Based on the deliberations, the EAC decided to grant 5 years to the PP to complete the remaining rail head portion up to Rowghat. In view of the above, the EAC approved the proposal."
The petitioners have contended that the Iron Ore is being transported to Antagarh not Keonti even according to the amendment which was allowed by the Government of India vide Annexure P/6 is not followed. The series of the documents which are annexed to the writ petition would 45 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
show that because of the naxal menace/ disturbance, the Railway line could not be laid down. The submission of the petitioners could have been appreciated when such conditions of violence do not exist and the law of the land can take effect in normal conditions. If the unnatural events of the naxal movements intervene to resist the laying down of railway line, then the circumstances also warrant the special measure to be taken in the interest of country. In the instant case, as the excavation has been allowed vide Annexure P/6 uptil year 2021 and the Railway line could not be laid down because of the naxal disturbance, the respondents cannot be driven to a corner for the reason that the unnatural circumstances has arrested to complete the laying down of line uptil Rowghat. To arrest the movement of Iron Ore in the like nature of conditions would have a larger impact on the economy of the country. Consequently, the balance of convenience would hold the sway in favour of such movement of Iron Ore in the manner it is being carried out. It appears road to prosperity to all in strewn with sharper thorn. In view of existing circumstances, the dismissal of interim application warrants and it is accordingly dismissed."
14. Aggrieved by the order of the High Court, the Appellant approached to the Hon'ble Supreme Court of India vide Special Leave Petition (SLP) through Appeal No. 18839/2021, and vide order dated 04.02.2022, the petition was finally dismissed. The relevant order is quoted below: -
"UPON hearing the counsel the Court made the following ORDER
1. The Special Leave Petition arises from an interim order of a Single Judge of the High Court of Chhattisgarh dated 17 February 2021. The petition under article 226 of the Constitution is pending. Hence, we are not inclined to entertain the Petition at this stage. Since the High Court is seized of the proceedings under Article 226 of the 46 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Constitution, the rights and contentions of the parties including all objections would have to be agitated in accordance with law before the High Court.
2. During the pendency of these proceedings, the petitioners have placed on the record a copy of the extension of the Environment Clearance which was granted on 29 October 2021. This Court has not adjudicated upon the legality of the EC or its extension having regard to the fact that the proceedings are pending before the High Court and the petitioners would be at liberty to pursue their rights and remedies.
3. The Special Leave Petition is dismissed.
4. Pending applications, if any, stand disposed of."
15. In response to the above, the learned counsel for the Appellant, Ms. Shalini Ghera had submitted that while they both deal with an amendment in the EC for the same Rowghat Iron Ore mining project, the circumstances of appeal are very different, in the following ways -
a) "In Mohan Singh Darro (supra), the relevant EC amendment was for a definite period - 5 years ending on 31.12.2021 and it was heard by the Hon'ble High Court at the end of this period, when only a few more months were left for its expiration. The High Court was assured by the Project Proponent that the railhead would reach Rowghat at the end of this period, i.e. by 31.12.2021 and this was considered by the Hon'ble Court while passing the order dated 17.02.2021.
The situation is vastly different today. The railhead has not yet reached Rowghat, and as per the Project Proponent, the railway would be operational only in 2027. Thus, this "interim mining" is not an arrangement merely for a few more months.
47Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
b) In Mohan Singh Darro (supra), the transportation was for only 0.3 million tonnes per annum of iron ore, but in the current amendment, the quantity of iron ore that is to be transported has been increased seven-fold. Thus, the impact on health, quality of life, destruction of crops and livelihood are proportionally much greater.
c) In Mohan Singh Darro (supra), the route under consideration was a short one, only 77 km, going through one district. However, the current evacuation corridor under consideration is 232 km + 58 km long, passing through 3 districts. Consequently, the number of impacted people is also much higher.
d) The current statutory appeal has important grounds of ex
-post facto environmental clearance, misleading the EAC by suppressing relevant information, inadequate and incomplete studies on air pollution etc. which were not available at the time of Mohan Singh Darro. However, all the grounds taken at the time of Mohan Singh Darro are still available, since their scale has considerably enlarged, and thus a fresh look at their relative importance is warranted."
16. The learned counsel for the Project Proponent Mr. Gaurav Bhatia has submitted that the matter was placed before the MoEF&CC for reconsideration in view of the law-and-order problem due to Naxalite affected area and the MoEF&CC considered the matter vide order dated 25.01.2022 and the issues raised were discussed and suitable order was passed accordingly. The relevant portion of the order is quoted below :
i. The Project Proponent submitted that due to delay in completion of rail link and handing over of forest land due to serious LWE (left wing extremism) disruption, mining 48 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
operation could not commence. After ressolving issue of security and forest tree cutting of 24.18ha of land on 27.01.2021, mining operation (production and dispatch) started on 05.02.2021 and it was expected that by Oct-21 mining operations will commence with full production capacity of 0.3 MTPA. PP also submitted that the rail link has been extended from Keonti to Antagarh (~17 km patch), Another -11 km long section up to Bondanar is in advanced stage of construction with likely commissioning in mid of 2022. A further -6 km long section up to Tadoki is also in progress which will commission in mid of 2023 Construction of the rall link up to Rowghat is expected to be completed by December, 2025 Further, PP submitted that development of Rowghat mine essential as reserves at existing captive iron ore mines of BSP (Dalli-Rajhara) likely to be exhausted within 5 years. The gangue percentage in iron ore reserve of Dalli Rajahra is -9.5%. Presently iron ore to be sourced from eastern sector Iron ore leases of SAIL.. Rowghat shall be the sole supplier of Iron Ore for Bhilal Steel Plant. Further, PP submitted that since railway line has advanced up to Antagarh present proposal envisages road haulage of iron ore from Rowghat to Antagarh Rly siding (-58 km haulage) Initially and subsequently will be transported to Bondanar siding (-45 km haulage). When rail link is completed up to Tadoki, Iron ore will be trucked to Tadoki siding (~40 km haulage).
ii. The Project Proponent submitted that lease deed was executed vide Rek Kramarik/Jila Kosha/Stamp/1091/2009 dated 21.10.2009 for the period of 20 years i.e., from 21.10.2009 to 20.10.2029.
iii. The Project Proponent submitted that Mining Plan including Progressive Mine Closure Plan in respect of Rowghat Iron Ore Deposit over an area of 2028.797 ha approved by IBM vide letter No. No. 314(3)/2006-MCCM(CZ)/MP-27 dated 49 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
22.03.2007 and latest Review of Mining Plan along with the Progressive mine Closure Plan for the period 2019-20 to 2023-24 approved by IBM vide letter dated 06.12.2018 over an area of 2028.797 ha. PP submitted that there is no change in the method of mining. Mining is being carried out by conventional open cast top slicing mining Involving drilling, blasting & handling of excavated mineral and waste by shovel dumper combination. The mine lease is divided into seven blocks. In the initial phase three blocks will be mined. The other blocks will be mined in the 2nd phase. The excavated mineral is processed in crushing & screening plant before being dispatched by trucks to the railway siding(s). - 6.75 km long concrete road has already been constructed from the mine to SH-5 which leads to the railway siding(s). Waste is dumped externally in designated areas within the lease. Once the rail link up to Rowghat is commissioned, dispatches through rail shall be started from Rowghat itself with production levels of 14.0 MTPA and road despatch of ore to external sidings will be phased out.
iv. The Project Proponent submitted the Addendum EIA/EMP report based on the baseline environmental data generated for one month during February, 2021 for micrometeorological conditions, ambient air quality, noise levels, water quality, soil quality and traffic density. PP also submitted that Rowghat mine commenced operation only on 5th Feb, 2021.
Micro meteorology: A micro-meteorological monitoring station was set up at Narayanpur. Wind speed & direction, air temperature and relative humidity were recorded at hourly Intervals continuously throughout February, 2021. PP submitted that wind was mostly blowing from South (S), North (N), and North East (NE). The predominant wind speeds were mostly in the range of 0.4m /s - 2m /s.
50Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Ambient Air Quality (AAQ): PP reported that the Ambient Air Quality (AAQ) was monitored at 9 locations. The PM10 values ranged from 62 to 90 µg/m3, PM2.5 values from 34 to 58 µg/m3 NO2 concentration at the monitoring locations from 20.7 to 31.1 µg/m3 and SO2 concentration ranged from 13.7 to 21.2 µg/m3 which are well within the limits of NAAQS. The estimated values of maximum concentrations are concentrated in and around the fines excavation & loading area and the transportation route. There may be marginal increases along the transportation route only. No impacts are anticipated in residential areas which are at a distance. The maximum additional predicted GLCs are limited to 13.95 µg/m3 3.12 µg/m3 0.57 µg/m3 and 4.26 µg/m3 for PM10, PM2.5, SO2 and NOx respectively at receptors silica has been analyzed in Respirable Dust (PM10) in three samples at each location and results were well below the detection limit in A1, A2, A3 and A9 and in rest of the locations the concentration was insignificant with range of 0.001 to 0.006 µg/m3.
Ambient Noise level: PP submitted that ambient noise levels were monitored at 9 locations. Among the nine locations, one location falls under commercial zone, Ng (Antagarh) and the rest of the locations are residential areas. The day noise Leq levels at all the ambient locations are in the range of 40.2 to 63.8 dB (A) where as in the night the noise levels ranged from 37.9 to 47.3 dB (A). The high values were observed in N9 (Antagarh) due to commercial activities. Major sources of noise during the operation phase are operation of excavators and vehicular traffic. The operation of material handling equipment will generate noise levels ranging between 75 to 90 dB (A). However, this noise level will be near the source only and is not expected to raise noise levels outside the lease boundary. From the mine, mineral will be dispatched only during day-light hours, thus avoiding increase in night- time noise levels. It has been estimated that there will be only a nominal rise in day time noise levels (-0.2 dB(A)) due 51 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
the project. Since ore transport will be only during day time, night time noise levels will be unaffected.
Water quality: PP submitted that a total of ten (10) water- sampling locations were selected for the present study covering five (5) surface water and five (5) ground water. There is no trend in most of the parameters as the results are below the detection limits. The pH of the Coliform organisms, in SW1 (Devijharia Nallah) and SWS (Mendaki River D/S of ming lease)are 580 and 540 MPN/100ml respectively and when compared to the CPCB norm for surface water they fall under Class C (Drinking water source after conventional treatment and after disinfection) and rest of the samples SW2, SW3 and SW4 fall in Class B (Drinking water source after conventional treatment and after disinfection). PP reported that the pH of the ground water samples is neutral in the range of 7.35 to 7.75. Ground water samples collected are clear and the turbidity of the all samples are less the detection limit except of GW3 (Hand Pump at Vill. Bheisgaon) with 0.63 NTU. Total dissolved solids (TDS), fote hardness and total alkalinity is found to high in GW4 among the other samples with 347 mg and 160 mg/l respectively. The concentrations of metals in ground water samples are found well within the noms but the concentrations of Al in GW3 is 0.238 mg/l and Mn concentration in GW4 is 0.335 mg/l has marginally exceeded the norm of 0.2 and 0.3 mg respectively.
Soil quality: PP submitted that in the study area the soil sample S2 (Supgaon village), 54 (Bharanda village) and S5 (Khodgaon village) shows strongly acidic with pH range of 5.06 to 5.13. The soil sample S3 (Aturbeda) is modertly acidic with pH of 5.94 and S1 (near Anjarel Village) is slight acidic in nature with pH of 6.15. The conductivity in the soil samples is in the range of 21.5 to 60.4 µS/cm which indicates that all the soil samples are non saline which are 52 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
good for plants. Organic carbon was found to be low in S5 (Khodgaon), medium In S2 (Supgaon Village) and rest of the three samples S1, S3 and S4 were in high concentration range. Available Phosphorus levels are found to be in low concentration range and available Nitrogen levels are found to be medium concentration range, whereas availability of Potassium is found to be in medium range in all samples except S1 with high concentration range. As the major nutrients are not showing any major deviation among the tested soil samples, it is indicating that there is no impact on nutrient contents of soil. The collected soil samples are not showing any signs of increase in alkalinity (Sodium/Potassium). The micronutrients are in higher concentration i.e. above critical limits in the entire tested soil sample except in S1for Mn which is within the critical limit. Among the micro nutrients, the following order can be seen for the tested soil samples, Fe>Mn> Cu> Zn.
Traffic Density: Traffic Density was studied on the proposed haul routes at 3 locations al hourly intervals continuously for 7 days from 16th 22nd Feb., 2021 at TD-1:
SH-5 near Dandakvan Security Camp TD-2: SH-5 at Tadoki and TD-3: SH-5 just before approach road to Antagarh Railway Siding, 0.8 MTPA ore will be dispatched from SAIL's Rowghat Mine by road initially up to Antagarh Rly Siding (haulage distance -58 km). The haulage includes -10 km of concrete road constructed from the mine to SH-5. Present maximum traffic volume on SH-5 near Dandakvan Security Camp is -1450 Passenger Car Units (PCUs) per day i.e., within the Suggested Design Service Volume. Just beyond Tadoki, the maximum traffic is -3090 PCUs/day whereas near Antagarh just before the diversion leading to Antagarh siding the maximum traffic is-4340 PCUs /day. Thus, the present traffic volume on this stretch of SH-5 is within the threshold limits for intermediate lane roads. The max cumulative AAQ values among all receptors are expected to 53 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
be -102 µg/m3, -59 µg/m3 -21.7 µg/m3 and 35.1 µg/m3 for PM10, PM2.5, SO2 and NOx respectively without management measures. With stringent management measures in place actual increas ground level concentration of pollutants, especially PM10 & PM2.5, will be less than predicted values."
17. The observation and recommendation of the committees was also considered which is as follows:-
i. "The proposal for extension of validity of Environmental Clearance was considered in the 42nd EAC (Non-Coal Mining) meeting held during 30th November - 3rd December, 2021.
During the meeting, the Committee noted that the PP informed that the WP (Civil) no. 795/2021 has been dismissed by Hon'ble High Court. The Committee was of the view that since the petition against the amendment in EC dated 08.06.2017 was dismissed in favour of PP, the amendment in EC earlier dated 08.06.2017 is still valid and therefore the Committee recommended the proposal of M/s SAIL for extension of validity of amendment in Environmental Clearance granted on 08.06.2017 for Rowghat Iron Ore mine Deposit F [in the mine lease area of 883.22 ha diverted forest land out of the total mining lease area of 2028.797 ha and production capacity 14 million TPA] for transportation of 0.3 MTPA of iron ore from Rowghat ML to Keonti rail head by road and further onwards to Dalli Rajhara/Bhilai by rail located in Matla Reserve Forests, in Narainpur and Kanker District, Chhattisgarh for a 54 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
period of another two (2) years i.e., till 31.12.2023 along with the following specific conditions for this project.
ii. The matter has been examined in the Ministry in accordance with the Environmental Impact Assessment Notification, 2006 and further amendments thereto and the undersigned is directed to say that the Ministry of Environment, Forest & Climate Change after accepting the recommendation of EAC during its 42nd EAC (Non-Coal Mining) meeting held during 30th November-3 December, 2021, hereby accords the extension of validity of amendment in Environmental Clearance granted on 08.06.2017 for Rowghat Iron Ore mine Deposit F [in the mine lease area of 883.22 ha diverted forest land out of the total mining lease area of 2028.797 ha and production capacity 14 million TPA] for transportation of 0.3 MTPA of iron ore from Rowghat ML to Keonti rail head by road and further onwards to Dalli Rajhara/Bhilai by rail located in Matla Reserve Forests, in Narainpur and Kanker District, Chhattisgarh for a period of another two (2) years i.e., till 31.12.2023 along with the following additional specific conditions."
18. It is further argued that, the matter of delay of commissioning the rail line due to left-wing extremism, the matter was again reconsidered by the MoEF&CC on the basis of the letter dated 10.08.2023 moved by the Project Proponent to the MoEF&CC where the problems were raised as follows :-
55Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. i. "Further, envisaging delay in commissioning of aforesaid Rail line due to left wing extremism (LWE an amendment in the EC was sought by SAIL for transportation of ore at the rate of 0.3 Million Tonne Per annum from Rowghat ML. to Keonti rail head (0-42 KM) by road and further onwards to Dalli Rajhara / Bhilai by rail vide MOEF&CC letter No. J-11015/331/2006/1(A)II (M) dated 8th June 2017. This permission was accorded upto year 2021..
ii. The Dalli-Rajahra Rowghat Rail link has further extended from Keonti to Antagarh and couldn't reach upto Rowgbat due to slow pace of construction affected by Left wing extremism and land hand over issue by Government of Chhattisgarh. In view of keeping the production and dispatches from mine at continuous manner SAIL, approached MoEFCC for validity extension of amended EC with higher production rate of OS MIPA. The validity extension of amended EC was accorded Irom Dec-21 to Dec-23 keeping the transport capacity same as 0.3 MIPA against SAIL's request of Os MIPA with a remark of attaining the production level of 03 MTPA and again approach MobUC for higher transport carrying capacity.
iii. Since the last EC amendment construction of the 11 km to 17 km long Antagarh - Bondanar- Tadoki section is completed or commissioning of 77 KM out of 95 KM length is completed in this remote area of Country. The land hand over in the remaining stretch of rail line is also completed after tree felling and other land acquisition issues. As per the Railway Schedule, the construction of remaining stretch shall be completed by Dec-25 and development of associated infrastructure is expected to be commissioned by Dec 26. It is to mention that SAII, has invested approximately Rs 1102 Crore in this Rail project having total projected estimated of 1627 Crore with a payback conditional clause by Railway to SAIL.56
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
iv. Presently, Ore from Rowghat Mine is trucked to Antagarh Siding for onward despatch to Bhilai Steel Plant via direct route (-58 km via Dadakvan & Tadoki). This route is often disrupted due to law & order issues and thus impacted the dispatches. To overcome this issue SAIL is planning to disparch the material through long circuitous route Narayanpur, Kondagaon, Kanker & Bhanupratappur (Road travel distance 232 km) to reach Antagarh/ Bhanupratappur siding as an alternate with higher transport carrying capacity to meet the imminent demand of Bhilai Steel Plant which is sole supplier of Rails to Indian Railway thereby meeting the Nation's demand."
19. It is further argued that under the prevailing situation of law and order problem and delay in the commissioning of the rail to the Bhilai the entire Ore will be trucked to Bhanupratappur/Antagadh, siding via Narayanpur, Konda Gaon and Kanker and once the railway line up to Rowghat is commissioned which is expected by December, 2026, Mineral dispatch to Bhilai will be by rail from Rowghat railway siding and the mine shall also attain its rated capacity. The report was supported with the Ambient Air Quality and it has been submitted that it was monitored and compared with the National Ambient Air Quality Standard given by the Central Pollution Control Board and the results are given as the chart below :-
57Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Table 3.7: Summarized Ambient Air Quality monitoring results Anjrel Danda Khorga on Bhanu Pollutant NAAQS Statistic mines Narain Benoor Konda Pharas Devko Pandar Korar Chchm Antag Tadok kvan BSF camp pratap s 2009 al BSF pur (A3) (A4) gaon gaon ngara wahi (A9) ar (A11) a rh ee BSF (A2) pur (Detection norms data camp (A5) (A6) (A7) (A8) (A12) (A13) camp (A10) Limits) (A1) (A14) Max 88 76 94 88 102 105 104 98 92 94 91 98 96 87 #PM10 (5 μg/m3) 100 Min 65 61 64 63 84 85 78 70 77 81 71 77 70 64 Avera 75 69 79 73 92 92 90 83 85 87 79 89 85 76 ge C98 82 73 87 82 96 102 103 92 89 92 87 94 93 84 Max 42 36 51 46 60 64 63 56 54 53 52 57 56 42 #PM2.5 60 Min 31 29 31 30 40 41 38 36 38 39 34 37 34 31 (5 μg/m3) Avera 36 33 39 36 50 49 48 44 43 44 40 47 43 36 ge C98 39 35 47 41 57 61 59 54 52 51 48 56 52 39 Max 13.5 15.7 16.7 14.9 23.7 15.0 14.0 16.7 14.2 18.3 16.1 22.3 19.2 14.2 #SO2 (4 μg/m3) 80 Min 10.4 10.4 11.6 10.5 12.9 13.3 10.2 13.0 10.6 12.2 10.7 16.5 9.9 9.5 Avera 12.0 13.0 13.3 12.5 16.9 13.9 12.2 14.2 12.6 15.9 13.7 20.3 14.9 11.6 ge C98 12.8 14.8 15.1 14.8 19.5 14.2 13.7 15.1 13.5 17.2 15.5 21.8 18.1 14.0 Max 23.4 24.0 24.3 23.7 29.8 23.6 22.9 25.4 23.3 25.1 22.5 32.8 25.1 23.7 #NO2 Min 17.0 15.5 18.4 17.1 18.9 19.3 16.7 20.4 18.8 19.0 17.3 21.9 18.0 15.5 58 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
(10 μg/m3) 80 Avera 19.8 20.2 21.3 19.6 23.2 21.8 20.4 23.2 20.9 21.5 20.5 25.9 20.1 19.9 ge C98 22.8 22.6 23.9 22.4 25.4 23.4 21.6 25.0 22.3 23.6 22.3 27.1 22.2 22.1 Max 28.6 30.4 34.1 27.0 39.5 38.7 36.3 38.7 38.4 33.9 30.9 31.8 30.9 29.4 **NH 400 3 Min 24.1 20.4 21.9 21.2 21.1 20.4 20.5 21.2 20.3 20.5 26.6 23.4 21.9 23.4 (4.2 μg/m3) Avera 24.6 25.0 26.7 23.8 32.5 30.8 30.3 32.3 31.1 26.5 25.5 25.7 25.8 25.0 ge Anjrel Khorga on Bhanu Danda mines BSF camp pratap kvan BSF Pollutants NAAQS Statistical Narain Benoor Konda Pharas Devko Pandar Korar Chchm ar Antaga Tadok ee BSF (A2) pur (A10) (Detection 2009 data pur (A3) (A4) gaon (A5) gaon (A6) ngara wahi (A8) (A9) (A11) rh (A12) (A13) camp (A14) Limits) camp (A7) norms (A1) **CO Max 0.70 0.56 0.75 1.08 1.80 20.07 1.97 1.86 1.81 1.91 1.33 0.85 1.31 1.25 (0.057 4 Min 0.56 0.41 0.62 0.88 1.19 1.58 1.86 1.54 1.42 0.46 0.77 0.57 1.09 0.79 mg/m3) Average 0.61 0.50 0.69 0.98 1.47 1.86 1.92 1.73 1.58 0.97 0.97 0.73 1.22 1.04 Max 51.3 57.0 60.7 57.7 63.8 59.6 57.7 55.3 60.7 56.4 54.0 55.1 54.0 52.6 **O3 100 Min 32.0 31.2 31.1 32.9 37.1 36.0 31.2 35.4 35.4 39.5 37.1 39.5 34.6 34.0 (20 μg/m3) Average 46.3 44.1 48.2 45.3 49.9 47.5 45.6 45.9 47.7 46.6 44.5 45.7 43.5 42.8 #Pb Max 0.097 0.127 0.121 0.122 0.157 0.139 0.127 0.141 0.139 0.130 0.133 0.157 0.135 0.166 (0.001 1 Min 0.081 0.082 0.084 0.085 0.099 0.106 0.085 0.098 0.128 0.098 0.085 0.081 0.094 0.098 59 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
μg/m3) Average 0.091 0.111 0.099 0.101 0.132 0.117 0.103 0.126 0.133 0.117 0.106 0.128 0.111 0.121
#Ni Max <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6
(0.6 ng/m3) 20 Min <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6
Average - - - - - - - - - - - - - -
#As Max <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6
(0.6 ng/m3) 6 Min <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6 <0.6
Average - - - - - - - - - - - - - -
#B(a)P Max <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24
(0.24 1 Min <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24 <0.24
ng/m3) Average - - - - - - - - - - - - - -
$Benzene Max <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04
(1.04 5 Min <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04 <1.04
μg/m3) Average - - - - - - - - - - - - - -
Note: #24 hourly **01 hourly $04 hourly
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Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Table 3.8: Detailed Ambient Air Quality results during May 2023 Anjrel mines BSF camp - A1 Sample No. Date Results in μg/m3 mg/m3 PM2.5 PM10 SO2 NO2 NH3 O3 CO 1 05.05.2023 35 73 10.6 17.0 25.0 41.3 0.60 2 09.05.2023 39 82 12.8 18.2 20.5 52.8 -
3 13.05.2023 37 77 11.9 22.8 26.5 36.3 0.56 4 15.05.2023 31 65 11.6 18.7 21.9 49.5 -
5 19.05.2023 38 79 13.5 23.4 24.2 55.1 0.60 6 23.05.2023 42 88 10.4 18.3 23.3 57.3 -
7 27.05.2023 33 68 12.8 22.2 28.6 46.1 0.70 8 30.05.2023 34 70 12.2 17.4 26.6 32.0 -
Khorgaon BSF camp - A2
Sample No. Date Results in μg/m3 mg/m3
PM2.5 PM10 SO2 NO2 NH3 O3 CO
1 05.05.2023 31 65 11.0 15.5 21.2 49.5 0.48
2 09.05.2023 36 76 15.7 20.3 30.4 45.1 -
3 13.05.2023 29 61 10.4 19.7 23.5 31.2 0.56
4 15.05.2023 32 67 13.7 19.2 28.1 47.2 -
5 19.05.2023 34 71 13.5 22.6 25.0 41.7 0.54
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6 23.05.2023 35 73 14.8 24.0 21.9 33.7 -
7 27.05.2023 33 70 13.0 18.7 23.4 57.0 0.41
8 30.05.2023 32 66 12.1 21.7 26.3 47.2 -
Narainpur town - A3
Sample No. Results in μg/m3 mg/m3
Date
PM2.5 PM10 SO2 NO2 NH3 O3 CO
1 05.05.2023 51 94 11.6 18.4 23.3 48.9 0.62
2 09.05.2023 47 87 15.1 23.9 28.8 46.1 -
3 13.05.2023 35 74 16.7 21.8 30.8 37.1 0.65
4 15.05.2023 39 81 12.2 19.9 20.3 45.4 -
5 19.05.2023 31 64 13.0 21.7 24.8 51.7 0.75
6 23.05.2023 40 82 12.7 24.3 34.1 60.7 -
7 27.05.2023 34 71 13.0 21.2 27.8 46.6 0.73
8 30.05.2023 37 77 12.3 18.9 23.4 49.5 -
Benoor village - A4
Sample No. Date Results in μg/m3 mg/m3
PM2.5 PM10 SO2 NO2 NH3 O3 CO
1 05.05.2023 32 66 10.5 17.2 24.8 46.1 0.97
2 09.05.2023 41 82 13.3 22.4 20.5 32.9 -
3 13.05.2023 31 65 13.0 17.1 21.8 57.7 0.98
4 15.05.2023 37 76 10.8 20.3 26.3 38.0 -
5 19.05.2023 46 88 10.8 23.7 23.4 48.4 1.08
6 23.05.2023 35 72 12.2 17.8 25.8 52.6 -
7 27.05.2023 30 63 14.9 18.6 27.0 36.3 0.88
8 30.05.2023 34 70 14.8 19.6 21.2 50.6 -
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20. Learned counsel for the Appellant has drawn our attention towards the summarized Ambient Air Quality Monitoring Results at point A7, which is lower than the other places and raised the question that this A7 point is comparatively controlled Ambient Air Quality in comparison to other places. In reply thereof, the learned counsel for the Project Proponent has submitted that it depends on the ratio of the population of the area, traffic movement and time of taking the samples which may vary from time to time.
21. It is further submitted that in-spite of shorter route available to the Project Proponent, the transportation is done from the longer route due to the Naxalite affected area for the security of the transport. It is further submitted that iron ore handling and transportation activities generates fugitive dust. However, the fugitive dust during loading/unloading is not expected to spread beyond these areas. During transportation of ore outside the lease area the emission shall be limited to close to road sides.
During the operation period, the impacts that are associated with the air quality are deterioration of air quality due to generation of fugitive dust emissions from activities like excavation, hauling and dumping of excavated ore and generation of pollutants are due to operation of diesel-
powered heavy vehicles and other machinery.
22. Learned counsel for the Project Proponent, Mr. Gaurav Bhatia has further argued that vide application dated 14.11.2022 which is annexure A-18, the appellant moved an application before the Expert Appraisal Committee of EAC and it was duly considered by the EAC and a justified order was passed and recommendation was made to the appropriate authority.
23. Learned counsel for the Appellant has submitted that the width of the state highway between Antagar and Narayanpur is not adequate to allow transportation of so many trucks. The State Highway connecting Antagar 63 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. to Narayanpur, SH-5, is only a single lane road and it has a width of mere 3.75 meters. In reply to the above facts, the project proponent has submitted that the PWD reinforced the solid portion only but the carriage width of the road was not increased and the shorter route of SH-5 is yet to be repaired and widened. On the basis of above facts, the submission of the learned counsel for the Appellant is that it is a concealment of fact.
24. Submission of the Learned Counsel for the Appellant is that the similar matter was raised before the Hon'ble High Court of Bombay at Goa in PIL Writ Petition No. 6/2024 and the matter was discussed at length and following matters were discussed.
i. "In respect of transportation of 'e-auction ore', vide Corrigendum dated 06.06.2023, the DMG has imposed the following restrictions on traffic movement on different transportation routes. Such restrictions read thus:
CORRIGENDUM Subject: Transportation of Ore This Department vide Memorandum No.03/66/2023/Major/Mines/194 d ated 05/04/2023 had put restriction on number of trips per hour to avoid traffic congestion on village roads. This restriction stands amended to the extent given below:
The traffic movement on different transportation routes will be monitored by Goa Electronics Limited on real time basis and the number of trips will be staggered between 20 trips to 40 trips 64 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
per hour depending on the traffic congestion on the roads.
ii. Now we come to OM dated 29.10.2014 issued by the Ministry of Environment, Forests and Climate Change, as regards the impact of mining activities on habitations-issues related to the mining Projects wherein habitations and villages are the part of mine lease areas or habitations and villages are surrounded by the mine lease area. The said OM provides thus :
OFFICE MEMORANDUM Subject: Impact of mining activities on Habitations-Issues related to the mining Projects wherein Habitations and villages are the part of mine lease areas or Habitations and villages are surrounded by the mine lease area- Regarding.
The Ministry has been receiving mining proposals wherein the habitations and villages are part of mine lease areas or habitations and villages are surrounded by the mine lease area.
2. To discuss the impact of mining activities on habitations and to develop a code of practice on these issues, a meeting was held under the Chairmanship of Shri M.S. Nagar, Chairman EAC (Non Coal Mining Sector) on 23.06.2014. After detailed deliberations by the Experts, the following suggestions were made as part of mitigation measures to avoid adverse impact of mining operations in the case of such habitations/villages:-65
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
a) The Project Authority shall adopt Best Mining Practice for the given mining conditions. In the mining area, adequate number of check dams, retaining walls/structures, garland drains and settling ponds should be provided to arrest the wash-off with rain water in catchment area.
b) The natural water bodies and or streams which are flowing in and around the village should not be disturbed. The Water Table should be nurtured so as not to go down below the pre-mining period. In case of any water scarcity in the area, the Project Authorities have to provide water to the villagers for their use. A provision for regular monitoring of water table in open dug well located in village should be incorporated to ascertain the impact of mining over ground water table.
c) The illumination and sound at night at project sites disturb the villages in respect of both human and animal population. Consequent sleeping disorders and stress may affect the health in the villages located close to mining operations. Habitations have a right for darkness and minimal noise levels at night. The Project Proponents (PPs) must ensure that the biological clock of the villagers is not disturbed by orienting the floodlights/ masks away from the villages and keeping the noise levels well within the prescribed limits for day/night hours.66
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
d) The Project Authority shall make necessary alternative arrangements, where required, in consultation with the State Government to provide alternate arrangements for livestock grazing. In this context, Project Authority should implement the directions areas for the Hon'ble Supreme Court with regard to acquiring grazing land. The sparse trees on such grazing ground, which provide mid- day shelter from the scorching sun should be scrupulously guarded against felling, lest the cattle abandon the grazing ground or return home by noon.
e) Where ever blasting is undertaken as part of mining activity, the Project Authority shall carry out vibration studies well before approaching any such habitats or other buildings to evaluate the zone of influence and impact of blasting on the neighbourhood. Within 500 meters of such sites vulnerable to blasting vibrations, avoidance of use of explosives and adoption of alternative means of mineral extraction, such as ripper/dozer combination/rock breakers/surface miners etc. should be seriously considered and practiced wherever practicable. A provision for monitoring of each blast should be made so that the impact of blasting on nearby habitation and dwelling units could be ascertained. The covenant of lease deed under Rule 31 of MCR 1960 provides that no mining operations shall 67 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
be carried out within 50 meters of public works such as public roads and buildings or inhabited sites except with the prior permission from the Competent Authority.
f) Main haulage road in the mine should be provided with permanent water sprinklers and other roads should be regularly wetted with water tankers fitted with sprinklers. Crusher and material transfer points should invariably be provided with Bag filters and or dry fogging system. Belt-
conveyors should be fully covered to avoid air borne dust.
g) The Project Authority shall ensure that the productivity of agricultural crops is not affected due to mining operations. Crop Liability Insurance Policy has to be taken by the PP as a precaution to compensate for any crop loss. The impact zone shall be 5km from the boundary of mine lease area for such insurance policy. In case, several mines are located in a cluster, the Associations of owners of the cluster mines, formed inter-alia, to sub-serve such an objective, shall take responsibility for securing such Crop Liability Policy.
h) In case any village is located within the mining leasehold which is not likely to be affected due to mining activities during the life of mine, the Expert Appraisal Committee (EAC) should 68 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
consider the proposal of Environmental Clearance (EC) for reduced mining area.
The Mining lease may be executed for the area for which EC is accorded. The mining plan may also be accordingly revised and required stipulations under the MMDR Act, 1957 and MCR, 1960 met.
i) Transportation of the minerals by road passing through the village shall not be allowed. A 'bypass' road should be constructed (say, leaving a gap of at least 200 meters) for the purpose of transportation of the minerals so that the impact of sound, dust and accidents could be mitigated. The PP shall bear the cost towards the widening and strengthening of existing public road network in case the same is proposed to be used for the Project. No road movement should be allowed on existing village road network without appropriately increasing the carrying capacity of such roads.
j) Likewise, alteration or re-routing of foot paths, pagdandies, cart roads, and village infrastructure/public utilities or roads (for purposes of land acquisition for mining) shall be avoided to the extent possible and in case such acquisition is inevitable, alternative arrangements shall be made first and then only the area acquired. In these types of cases, Inspection Reports by site visit by experts may be insisted upon which should be done through 69 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
reputed Institutes.
k) As CSR activities by Companies including the Mining Establishments has become mandatory up to 2% of their financial turn-over, Socio Economic Development of the neighborhood Habitats could also be planned and executed by the PPs more systematically based on the 'Need based door to door survey' by established Social Institutes/Workers on the lines as required under TOR. "R&R Plan/compensation details for the Project Affected People (PAP) should be furnished. While preparing the R&R Plan, the relevant State/National Rehabilitation & Resettlement Policy should be kept in view. In respect of SCs/STs and other weaker sections of the society in the study area, a need based sample survey, family-wise, should be undertaken to assess their requirements, and action programmes prepared and submitted accordingly, integrating the sectoral programmes of line departments of the State Government. It may be clearly brought out whether the village located in the mine lease area will be shifted or not.
The issues relating to shifting of Village including their R&R and socio-economic aspects should be discussed in the EIA report."
3. The matter was examined in the Ministry and accordingly, it has been decided that the above 70 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
mentioned conditions at para-2 (a-k) may be included as a condition of Environmental Clearance letter to mitigate the adverse impact of mining operations in the case of such habitations/villages.
4. This issues with the approval of Competent Authority." (emphasis supplied).
iii. It is therefore not as if transportation of the ore through village roads is completely prohibited as fairly submitted by the learned Counsel for the petitioner. Moreover, the aforesaid SOPs/measures are put in place to mitigate the adverse impact of mining operations in the case of such habitations/villages. Learned Counsel for the petitioners fairly submitted that the spirit of the OM dated 29.10.2014 is imbibed in the SOPs issued by the authorities from time to time. The safeguards imposed by way of SOPs, instructions, Rules and Regulations before and after filing of the PIL accords with the spirit of the OM dated 29.10.2014. These measures be strictly implemented.
iv. So far as monitoring of ore transportation operation by GSPCB and DMG is concerned, learned Counsel for the petitioners submitted that the monitoring of ore transportation is proposed to be done under the new regime i.e. installation of monitoring stations along the ore transportation route, readings of air quality taken twice a week and averaged out for 24 hours and results obtained after six days. She submits that the use of 24-hour ambient air quality monitoring data for truck transport of ore is wholly inappropriate since the truck transport does not happen over a 24-hour period as is the case with an industrial unit working three shifts. Thus, while the actual transportation period in which air pollution levels are higher are approximately 8 hours only, these air pollution readings are merged into the readings captured over the period of 24 hours, which results in the air pollution levels being averaged out and almost always being within permissible limits on account of no major activity taking place in the balance 16 hours (i.e. of non transportation).
71Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
According to learned Counsel, the average pollution level readings are thus deemed to be within the norms (Ambient Air Quality for Residential Areas). Learned Counsel for the petitioners suggested that, (a) the monitoring of air pollution needs to be done daily and exclusively within the ore transportation timings and (b) monitoring should be in the nature of real time, online monitoring, with the equipment linked with the PCB servers and Panchayat. Learned Counsel submitted that at present the monitoring system neither indicates the true picture of dust pollution levels during ore transportation nor does it enable the Board to respond quickly by reducing the transport or shutting it down temporarily and more focused method is required to achieve proof of air pollution and most importantly, enable the Board to conduct what is actually "point source"
monitoring. It is further submitted that while the movement and timing of trucks is already subject to real time monitoring online by the DMG, the measurement of pollution levels (in terms of PM10 and PM2.5) is available only six days after the actual events, due to outdated technology. Learned Counsel submitted that with the outdated system, the chance of policy intervention and quick action being taken against excessive pollution is ruled out.
v. Learned Counsel for the petitioners urged that the need of the hour is to ensure the updation of pollution monitoring technology to keep up with scientific advancements. According to her, Real Time monitoring of air pollution levels will enable the Pollution Control Board to swiftly take action in the event air pollution levels are breached on a particular day. The petitioner wants this Court to recommend to the Board to invest in and use low-cost air quality monitoring for dust pollution in village settlements and crowded roads in the forthcoming season itself, commencing September 2024. It is submitted that the costs may be recovered from the transporter. It is submitted that the transportation of 'e- auction ore, which is actually never ending process will always be an ongoing phenomenon. Learned Counsel urged that the Board must take a proactive approach while entering a new phase of mining. It is submitted that trials of the new, low-cost 72 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
electronic sensor-based air quality technologies (also used by Govt. Pollution Control Boards in Rajasthan, Maharashtra and - Karnataka) should be started during the monsoon itself, so that the difference between pure air and polluted air will be obvious, if pollution is generated by this activity. The low-cost systems suggested (or any other sensible equivalent) would enable the person at the monitoring station /P.C.B. officer to immediately shut down the activity or warn the transporter (and connected leaseholder), if the PM standards (100 for PM10 and 60 for PM 2.5) are breached. This according to the learned Counsel would be similar to the real time action that the D.M.G. states it will take if the number of trucks deployed is in violation of the number permitted, or if stipulated speed levels are exceeded. The petitioners have provided details about some of the low cost air quality monitoring device which has been deployed in various cities. Learned Counsel suggested that 'ATMOS' real time Air Quality Monitoring Device, developed by the research team at IIT Kanpur is useful. The features of this device are :
• It enables real time monitoring of PM 1, PM 2.5 and PM 10 levels.
• The average cost per unit is Rs,30,000/- • It has an inbuilt GPRS module and does not require additional WIFI/network setups. • Monitoring data is transmitted real time and is accessible on an online dashboard.
• On a full charge, the device can monitor air levels for a period of 8 hours.
vi. We find it necessary to direct that a proper study be carried out by preparing a report specific to each route permitted by DMG and GSPCB for transportation of ore through the villages on the basis of carrying capacity of each road. The DMG and GSPCB undoubtedly will have to consider the length of the route, number of houses/hamlets, situated on the route with the study of the population enroute, the details of schools or other such activities that may exist along the 73 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
route apart from other factors while taking a decision on granting transport permission based on the carrying capacity set down for each route. This will accord with the spirit of the OM issued by the Ministry of Environment. The DMG and GSPCB shall, as far as possible, monitor the trucks on each route on Real Time basis, install CCTV cameras connected to DVR devices at Panchayat Ghars and/or public schools and/or the office of the GSPCB and DMG to enable the DMG/GSPCB and/or Panchayat officials or other designated officials to monitor and observe the movement of trucks carrying such ore along the route."
25. In view of the above facts and contention raised by the Appellant, the present status of the project was called and the Respondent has filed the present statutes and stated that the Ministry of Environment, Forest & Climate Change vide letter No. J-11015/331/2006.IA.II(M) dated 04/06/2009 accorded environmental clearance (EC) for Rowghat Iron Ore Mine - Deposit F (ML area 2028.797 Ha and production capacity 14.0 MTPA) in Matia Reserve Forests in Narayanpur and Kanker District in Chhattisgarh, subject to the implementation of conditions and safeguards contained therein the EC. Subsequently, MoEF&CC vide letter No.J-
11015/331/2006.IA.II(M) dated 15/3/2010 granted amendment in the EC and also stipulated additional conditions. Based on the application submitted by the project authority, MoEF&CC vide letter No. J-
11015/331/2006.IA.II(M) dated 08/06/2017 amended the EC permitting transportation of 0.3MTPA of ore from Rowghat Mine Lease to Keonti by road and further onwards to Dalli Rajhara / Bhilai through rail till 2021.
Further, MoEF&CC vide letter No. J-11015/331/2006.IA.II(M) dated 25/1/2022 extended the validity of amendment granted on 08.6.2017 and permitted to transport 0.3 MTPA of ore from Rowghat Mine Lease to Keonti 74 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. by road till 31/12/2023 with the additional specific condition stipulated therein.
26. The project envisaged production of 14.0 MTPA of iron ore from Deposit -
F located in the Malta reserve forest area of Knaker and the then Bastar Districts of Chhattisgarh. Deposit -F comprises of 7 blocks viz. Raodongri, Block-A, Tarhur Anjrel, Korgaon, Khargaon and Takrel. Mining will be carried out in two phases. As approved in the EC, project activity began from Phase-I, which involve development of Block -A, Tarhur and Anjrel.
The total Mining lease area for the project is 2028.797 Ha., which is completely forest land and no private or revenue land is involved.
MoEF&CC vide letter No. 8-44/2005-FC(pt) dated 03/08/2009 has accorded approval for Stage-II forestry clearance for diversion of 883.22 Ha of forest land in Kanker District of Chhattisgarh. No National Park/sanctuary, Ecologically Sensitive area is located within core and buffer zone of the project. Presently the project operations are restricted to the area where the Stage-II, forestry clearances have been obtained. PA informed that no dwelling units and agricultural land involved within the Mining Lease area and Foothill Complex at Rowghat. However, reportedly project affected population linked with Rail Line have been identified by Indian Railways and Bhilai Steel Plant. Accordingly, PA entrusted to give employment to 177 persons of which 138 persons have reportedly been offered employment.
27. Mineral Resources Department, Govt. of Chhattisgarh vide letter No. एफ-
3-75/89/12-2 रायपुर dated 09.01.2007 granted Mining Lease over an area of 2028.797 Ha. Mining lease deed in favour of M/s Steel Authority of India Limited, Bhilai Steel Plant was executed on 21.10.2009 for the period of 20 years upto 20.10.2029. Mining Plan was approved by the Indian Bureau of Mines vide letter no 314(3)/ 2006-MCCM(CZ)/MP-27 75 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. dated 22-03-2007 for the production capacity of 14.0 MTPA. The mining scheme was reviewed for the period 2019-20 and 2023-24 and was approved vide letter no. Narayanpur/लौह/खयो-1179/2018-रायपुर dated 06.12.2018. Project Authority obtained "Consent to Establish" (CTE) from the Chhattisgarh Environment Conservation Board (CECB) vide Order No.766/TS/CECB/2013 Raipur dated 09/05/2013, which was valid for 5 years. However, establishment / installation of many project relevant facilities such as permanent crushers having the capacity of 400 TPH, dry screening plant, closed Downhill Conveyor system, part of the railway line, etc., have not been commenced yet. However, validity of the CTE have not been renewed beyond the validity period (i.e. 08/5/2018) and construction activities of certain facilities of the Project is in progress without valid CTE. In this regard, Project Authority informed that they submitted application before the Chhattisgarh Environment Conservation Board (CECB) seeking validity extension of CTE beyond 08/5/2018. However, Chhattisgarh Environment Conservation Board (CECB) vide letter dated 23/9/2019 informed to the Project Authority that validity extension of CTE is not required, since the "Consent to Operate" (CTO) have been issued. Copy of the said communication dated 23/9/2019 of CECB is enclosed herewith as Annexure-1. The matter shall be revisited by the CECB, since most of the project relevant facilities are yet to be established / installed. Consent to Operate under Air and Water Act have been obtained from the Chhattisgarh Environment Conservation Board (CECB) vide order No.7703/TS/CECB/2023 Nava Raipur Atal Nagar, dated 01/02/2023 for the production of Iron ore having the capacity of 14.0 MTPA, which is valid till 31.01.2024. The production capacity sanctioned (14.0 MTPA) in CTO is mutually conflicting with the capacity accorded by the MoEF&CC permitting to transport 0.3 MTPA of ore from Rowghat Mine 76 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. Lease to Keonti by road till 31/12/2023. The sanctioned production capacity should be equal or less than the permitted quantity in the EC. PA is advised to take necessary amendment in the CTO. Details are not made available regarding Authorization obtained under Bio-medical Waste (Management and Handling) Rules and Hazardous Waste Management Rules. According to the EC, total water requirement is about 6850 KLD, which will be met from Mendki River and Nirba nallah. Presently State Ground Water department vide letter No. 2151/ऍफ़ 4-94 /एस-
2/31/ओजप्र/08 dated 21.05.2021 has accorded NOC for drawal of surface water 0.365 MLD from sendree bhar Nalla. In the said NOC, it has been reported that total water requirement of the project is 2.50 MLD, which will be met from Aturbeda Reservoir, by laying pipeline. Presently mining has not intersected the ground water table. During the site visit, the project activity / mining operation was in progress. Reportedly the developmental activities and production of Rowghat Iron Ore Mining project could not be implemented as envisaged due to prevailing Maoists Movement in the project area. However, M/s SAIL with the help of Ministry of Home Affairs and Government of Chhattisgarh deployed 4 battalions of Border Security Force (BSF) comprising of around 4000 personnel. After deploying the Security Force, the Mining area and its surroundings are sanitized from the Maoists Movement. PA claimed that due to the prevailing security issues, laying of Railway track up to the Rowghat Mine has not completed. As informed, based on global tender PA has finalized Mine Development Operator's (MDO) with the projected initial investment of Rs.1500 crore for the development of the Rowghat Iron Ore Mine and other infrastructure facilities. Reportedly the Mine Development Operator's (MDO) work has been awarded to M/s ACB Mining Pvt. Ltd. It is anticipated that the completion of development of 77 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. other infrastructure facilities and full production of the iron ore with the capacity of 14.0 MTPA may be completed by the end of December, 2025.
As an interim measure to meet the requirement of Iron Ore to the expanded steel making capacity of Bhilai Steel Plant, commenced Mining operation at Rowghat Iron Ore Mine by installing in-pit crusher having the capacity of 200 TPH and transportation of product in the form of Iron Ore Lump and Fine by trucks upto the nearest developed Railway line (i.e.) Antagarh within the permitted capacity. MoEF&CC permitted to transport 0.3 MTPA of ore from Rowghat Mine Lease to Keonti by road till 31/12/2023. The mining operation has reportedly been commenced on 05.02.2021 and presently continued the mining operation. Mining is undertaken with single pit. Present working height is 30m comprising 5 benches, each having 6m. Mining has not intersected the ground water.
Presently no blasting operation is involved. Presently no waste dump exists, being float ore. PA assured to get prior NOC from PESO in the event of blasting operation is required in near future. Based on the information made available by the PA, the details of the production achieved from the commencement of the Mining operation is furnished below:
Year Iron Ore (Tonne) Waste (m3)
Sanctioned Consented Actual As per Actual
capacity vide capacity in production approved generation
EC amendment the CTO* Mining plan
for
transportation
of Ore
through road
2020-2021 3,000,000 14, 000,000 186.395 7,30,00 Nil
2021-2022 3,000,000 14, 000,000 128.810 10,60,000 Nil
2022-2023 3,000,000 14, 000,000 94372.735 17,70,000 12016
*Sanctioned production capacity (14.0 MTPA) stipulated in the CTO is mutually conflicting with the capacity permitted (0.3 MTPA) by the MoEF&CC for transportation through road. PA is advised to take necessary amendment in the CTO.
As the Security Forces have been deployed, Forest Department, 78 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Government of Chhattisgarh has commenced the tree felling operation and partly completed in Block A and Anjrel Block of Rowghat Iron ore Mining lease. Based on the input received from the PA, the present status of tree felling is furnished below:-
Particulars Area Tree Tree Cutting Land Hand (Ha) Enumeration No of Open up Over/ Enter Tree Area upon (Approx.) (Ha) permission Block "A" of 161.6 Completed 27,910 94.90 Entry upon Rowghat 9 38900 nos. Permission obtained for 94.90 ha.
Further tree cutting stopped due to local agitation.
Anjrel Block
(a). Approach 3.82 Completed 2034 3.82 Permission
Road 2034 nos. for enter upon
(b). Mining 33.19 Completed 11025 27.25 land and
Area 11855 nos.
mining
Compartment
No. 2403 operation
accorded by
Collector,
Narainpur on
27.01.2021.
Particulars Area Tree Tree Cutting Land Hand Over/
(Ha) Enumeration No of Tree Open up Enter upon
(Approx.) Area(Ha) permission
Compartment 37.17 Completed 9430 25.4 Entry upon
No. 2402 12718 nos Permission
accorded for 25.40
ha.
79
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
(c).Crushing Area 4.98 Completed 1416 4.98 Tree Cutting
Compartment 1416 no completed. Land
No. 2403. Handover by forest
departmenton
13.05.2021. Enter
upon permission
accorded on
09.06.2021.
Foothill Complex 72.00 Completed Tree cutting approval Tree cutting yet to
21440 nos obtained on 15.06.2021 commence.
Dump A 24.78 Completed Tree cutting approval Tree cutting
12100 obtained on resumed for a
Hill Top 14.82 Completed 09.11.2022 period of 6 days in
Complex No. 1 7030 the month of
February 2023
and subsequently
stopped due to
local issues.
Status of Dalli Rajhara-Rowghat Rail link:
(i). MOU signed in December, 2007 Phase - I: Dalli Rajhara to Rowghat
- 95 Km Phase - II:
Rowghat to Jagdalpur - 140Km SAIL-BSP to bear actual cost for Phase-I to be compensated by Railway after construction period as per agreed terms within next 37 years.
(ii). Dalli Rajhara - Rowghat Rail Line: Progress as on 18th September. 2023 Completed: Dalli Rajhara to Antagarh : 0-60 Km in August 2020.
Completed: Antagarh to Taroki / Bridge 332: 17 Km Under Progress: Rowghat Station & Yard: 93-95Km - Target December, 2025. Reportedly PA has invested Rs.1140 Crore in the Rail link related work.
28. The above project has been monitored on 18/9/2023 in presence of the Project Authority and the factual status regarding compliance on the stipulated conditions contained in the ECs are furnished hereunder:
80Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
Subject: Rowghat Iron Ore Mine - Deposit F (ML area 2028.797 Ha and production capacity 14.0 MTPA) in Matia Reserve Forests in Narayanpur and Kanker District in Chhattisgarh.
Ref: (1) Letter No.J-11015/331/2006-IA.II(M) dated 04.06.2009 of MoEF&CC. (2) Letter No. J-
11015/331/2006-IA.II(M) dated 15.03.2010 of MoEF&CC. (3) Letter No. J-11015/331/2006-IA.II(M) dated 08.06.2017of MoEF&CC. (4) Letter No. J- 11015/331/2006-IA.II(M) dated 25.01.2022 of MoEF&CC.
(A) Specific Conditions:
S.No. Condition Status of compliance
1. i. To conserve the rich Refer below biodiversity of the area Bio-diversity and wildlife including wildlife, conservation plan has mitigating measures for been prepared and regeneration / restoration approved vide letter of rare plants of economic No.व.प्रा./प्रबंध-
importance including 176/2015/461 dated medicinal plants and 18/02/2015 by the wildlife species which Government of require protection and conservation shall be Chhattisgarh. PA has undertaken during the deposited sum of development of mine Rs.17.50 Cr. towards leases and the status of Bio-diversity wildlife implementation shall be conservation plan in submitted to the Regional CAMPA account and Office of the Ministry every Rs.36.28 Cr. has been half yearly. The said deposited in the account measures shall also of Divisional Forest include identification and Officer (DFO), development of safe Bhanupratappur(E) corridor for the wild towards Eco development animals, conservation of Plan. Accordingly, top soil to save the Divisional Forest herbaceous and micro-flora Officer (DFO), etc. The required EMP Bhanupratappur(E) vide should be in place in the letter No. लेखा/कै म्पा initial years of mine construction activities. रावघाट माई. पररयोजना नं.क्र. 01/2021/3991 dated ii. 11/8/2021 has submitted the implementation for the year 2016-2021 to the PA. Subsequently, annual 81 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. plan for operation for the year 2021-2022 has been accorded for Rs.11.266 Cr. Implementation details been made available by the PA is enclosed as Annexure-2. 2. Conservation plan for wildlife Details regarding shall be prepared in implementation of the consultation with the Chief wildlife conservation plan Wildlife Warden and have not been submitted to implemented during the mine this office. Details regarding developmentstage before start implementation of restoration of mining activity at Phase - I. of rare plants of economic The plan shall consist of in- importance including built monitoring and medicinal plants and wildlife evaluation mechanism. species which require Necessary fund for protection and conservation implementation of the same during the development of shall be separately allocated mine leases and its status of and shall not be diverted for implementation have not any other activity. been submitted to this Sub- Office regularly on half yearly basis as stipulated. The documents made available during the visit by the PA in support of their claim, show mostly civil construction works and does not have any Bio-diversity wildlife conservation. It is requested that Project authority should get the completion certificate & utilization certificate from the authority concerned in connection with implementation of wildlife conservation plan. PA has separately stacked the top soil and reportedly being reused. 3. The project proponent should Refer below earmark an amount of Rs 80 PA informed that as on Crores for the overall March, 2023, incurred an development of the area and expenditure of Rs. 159.75 Cr. local people, for which a for the development of the separate account shall be project area, which inter-alia maintained and funds shall include commissioning of not be diverted for any other Rail link Rajhara-Antagarh purpose from the said (0-60 km), wherein account. passenger train service has also been commenced upto Keonti Railway Station. Out 82 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. of 177 Project Affected Families of land covered for laying of Rail line, reportedly 138 persons have been already been offered employment in Bhilai Steel Plant. Details are not made available regarding maintenance of separate account in this regard. Further, PA submitted that under CSR schemes various activities viz. medical and health services, opening & operation of school at Antagarh for tribal children in association with DAV education society, sanitization, drinking water, women empowerment and sports etc. have been made. 4. List of house hold-wise economic activities Refer below proposed to be provided Details are not made shall be prepared and available regarding list of submitted within house hold-wise six months to the Ministry. economic activities prepared and submitted to the Ministry within six months as stipulated. However, during the visit PA has made available the report prepared through M/s SEED for the period December, 2012 - February, 2013, in 22 Godgram villages in Rowghat Mines area. Ministry may take appropriate view based on the records available. 5. Implementation of all Refer below identified and, to be PA informed that local identified, economic activities people have been given shall start immediately and preference in construction be completed during the and other project related construction period (i.e. mine pre- developmental development stage) and in activities of mining, tree any case before actual mining felling, road construction, starts so as to ensure that the barracks and rail line local people get the benefits of construction activities. 83 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. such economic package Reportedly, PA has during the construction period provided employment to itself. 90 local people in mining activity through contractors. 6. Medical and sanitary Being complied. measures including toilet Medical camps are being facilities especially for the conducted regularly to women should be in place in cover the buffer zone the first two years of area. As informed 142 construction activities. medical camps have been organized for 57612 patients. Medical dispensaries have been established and are in operation at Antagarh, Dandakvan (Rowghat) & Khodgaon, which are shown below. Mobile medical service equipped with doctor, nurses and medicine to cater the medical need of the villages of Narainpur and Kanker is being carried out through Ram Krishna Mission Ashram at an estimated cost of Rs. 1.0 Cr. with recurring cost of 40 lakhs per year. 7. Being complied. A time-bound programme to A base line survey for affected control the endemic diseases population by endemic should be launched and disease, if any, have been periodical reviews shall be carried out during daily conducted to see the impact of medical camp scheduled in various health cares taken by one of the villages of 22 the company and whenever villages in buffer zone of the necessary remedial steps project. This medical camp is taken. being carried out through Ram Krishna Mission Ashram, wherein SAIL has provided mobile medical ambulance equipped with doctor and medicine at an estimated cost of 1.0 Crore and recurring cost of Rs. 40.0 Lakhs per annum. 8. Facilities including transport Being complied. to ensure full enrolment and A day-boarding English nil or least dropout shall be in medium school with 84 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. position during the association of DAV education construction period itself so society has been opened for that education is provided to the children of buffer zone the boys and girls of the area. villages at Antagarh equipped with smart class to provide free education to children of buffer zone. Transport facility has provided to the children from villages to school and back. Every year 70 boys/girls are being inducted at primary level. Reportedly so far 405 students have been admitted to this school. As informed, SAIL has adopted 224 students from Rowghat/Rajhara mines area from Class-VI to XII, till date and incurred expenditure of around Rs.650 lakhs since 2009-10. 9. A list of eligible boys and girls Reportedly complied. of the buffer zone indicating PA informed that 138 persons their individual aptitudes in have been identified from rail various skills including skills line PAF area and offered relevant for the company's employment in SAIL after activities (mining, office etc), requirements acquiring ITI (dresses, gloves etc., for the w certificate that for want of skilled hands sponsored by SAIL. Further, local people could not be reportedly 204 tribal girls of employed in the service of the buffer zone area were company should be minimal. imparted nursing education in nursing colleges. Also provided training in stitching and computer courses at Dandakvan (Rowghat) to the local village girls. 10. A 50 m barrier of no mining Refer below zone all along both the side(s) No seasonal or perennial facing seasonal or perennial nallahas passing through the nallahs /streams passing present proposed active through the lease area (if any) mining area. shall be demarcated and thick vegetation of native species raised. In case such nallahs/streams runs adjacent the lease, the barrier shall be all along the side facing the nallah/stream. 85 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. 11. Adequate measures shall be Partly complied. undertaken during the period Reportedly PA has already of development of mine to deposited the demand raised compensate loss of forest by Forest Department, Govt. of cover in addition to the C.G. in May, 2016 for obligatory initiating necessary work. PA compensatory afforestation informed that Forest under various laws shall be Department, Govt. of submitted to the Regional Chhattisgarh has already Office of the Ministry. Status identified 1726.396 Ha of of implementation of the area in different forest range measures undertaken shall and planted 2505194 plants be submitted to the Regional Office of the Ministry on half in the area. Status of yearly basis. implementation of the measures undertaken under the obligatory compensatory afforestation have not been submitted to the Regional Office of the Ministry on half yearly basis. PA is advised to get the updated details from the implementing agency regarding the funds utilized so far and coordinates of the entire area where compensatory afforestation being implemented, DGPS survey report of identified CA land and KML file of the proposed site of CA. 12. Not complied. Shelter belt i.e Wind Break of PA informed that the 30 m width and consisting of condition will be complied at least 5 tiers around lease during the operation facing the human habitation / phase. agricultural fields (if any in the vicinity) etc. shall be raised. 13. Economic package with initial Partly complied. financial assistance for Reportedly 20 nos. of providing gainful economic bullock carts received activities on sustained basis from INSDAG were for the households (whose distributed under CSR in sustenance are based on the Rowghat area during forests where the lease is 2009- 2010. located) consistent with their skills such as poultry farming / piggery / goat (sheep) rearing in the backyard (of the houses) and other 86 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. potential activities as identified during the field survey and proper marketing tie-up for their products including convenient collection centers for minor forest produce, shall be developed and implemented before three months of starting mining at Phase-I. 14. Land-use pattern of the Not complied. nearby villages shall be Neither studied land-use studied, including common pattern of the nearby property resources available villages nor submitted the for conversion into productive report to this Sub-office of land. Action plan for the MoEF&CC. Annual abatement and compensation status of implementation for damage to agricultural of the plan and land/ common property land expenditure thereon have (if any) in the nearby villages, not been submitted to the due to mining activity shall be Regional Office of the submitted to the Regional MoEF&CC. It appears office of the Ministry. Annual that PA has awarded the status of implementation of work to the third party the plan and expenditure agency to undertake the thereon shall be reported to study. the Regional Office of the Ministry. 15. Maintenance of village roads Refer below. through which transportation Reportedly PA has of ores are undertaken shall completed the be carried out by the following Roads company regularly at its own including road for expenses. The roads shall be transportation of ore: black topped. A) Road Completed. i) CC Road from Kalgoan to Koilibeda in 2009-10 / 2014, 6 Km / 7 Mtrs wide constructed through PWD, Govt. of CG through Collector Kanker at an estimated cost of Rs. 13.12 Crores. ii) BT road from Dandakvan to Bhaiyasalebhat in 2018- 19, 8.3 Km /3.5 Mtr wide at an estimated cost of Rs. 4.17 Crores. 87 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. iii) BT link road from SH-5 to Antagarh Rail Station (June 2020-21), length 1.8 Km / 5.5 mtr wide constructed through PMGSY, Collector, Kanker on deposit basis at an estimated cost of Rs 3.14 Crores used for transportation of ore and connectivity to Antagarh station. B) Road Under Construction iv) CC road from SH-5 to Khodgaon / Foot hill of Anjrel Block having length 6.75 Km /7.00 Mtr wide constructed through PMGSY, Collector Narayanpur on deposit basis. Estimated Cost Rs 32.31 Crore. v) CC road from Bhaiyasalebhat to Padargaon Length: 6 Km / 3.75 Mtr wide constructed through JilaNirmanSamiti, Collector Kanker on deposit basis at an estimated cost of Rs. 8.50 Crores used for providing connectivity to Proposed Padargaon SSB Security camp as well as Padargaon village. 16. Rain water harvesting shall Being complied. be undertaken to recharge the Roof-top Rain water ground water source. Status harvesting structures of implementation shall be have been constructed in submitted to the Regional the security camp located Office of the Ministry within six months nearby the before projectmining area. begins in Phase -I an Check dam also constructed as part of rain water harvesting measures. 17. Measures for prevention and control of soil erosion and Refer below. management of silt shall be Presently, no dumps are available, since the 88 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. undertaken. Protection of mining activity has not dumps against erosion shall commenced in full- be carried out with geo textile fledged manner. PA matting or other suitable assured that the material, and thick condition will be plantations of native trees complied. and shrubs shall be carried out at the dump slopes. Dumps shall be protected by retaining walls. 18. Trenches / garland drains Being complied. shall be constructed at foot of Presently no waste dumps and coco filters dumps are available. One installed at regular intervals check dam has been to arrest silt from being constructed. Drains have carried to water bodies. been constructed around Adequate number of Check the mine pit. However, Dams and Gully Plugs shall details of the dimensions be constructed across have not been made seasonal/perennial nallahs (if available. any) flowing through the ML area and silts arrested. De- silting at regular intervals shall be carried out. Garland drain of appropriate size, gradient and length shal maximum discharge in the area adjoining the mine site. Sump capacity shall also provide adequate retention period to allow proper settling of silt material. Sedimentation pits shall be constructed at the corners of the garland drains and de-silted at regular intervals. 19. Being complied. Ground and surface water (if Surface water from 4 any) in and near (within locations near the core 5.0 km of the lease) the core zone is being monitored zone shall be regularly through third party monitored for contamination laboratory on monthly and depletion basis and records are due to mining activity and being maintained. PA records maintained. submitting the monitored The monitoring data shall be data regularly to the Sub- submitted to the regional Office of MoEF&CC at office of the Ministry Raipur. During the visit, regularly. Further, monitoring PA is advised to ensure points shall be located engagement of third- between the mine and party laboratory, who drainage in the direction of has been recognized by 89 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. flow of ground water shall be the MoEF&CC. set up and records maintained. 20. Where lands have been Not complied. identified for development of Details of the certain activities like implementation regarding "Botanical Park", "Fuel development of certain Wood and Fodder activities like "Botanical Plantations", "Nursery" etc. Park", "Fuel Wood and action to implement such Fodder Plantations", projects should be completed "Nursery" etc. have not during construction been made available. period. Status of Status of implementation implementation shall be have not been submitted submitted to the Regional to The Regional Office Office of the Ministry within before start of mining at three months before start of Phase-I. mining at Phase-I. 21. Being complied. Fugitive dust generation shall Fugitive dust emission is be controlled. Fugitive dust being controlled by emission shall be regularly deploying sprinkler monitored at locations of mounted water tanker for nearest human habitation dust suppression and the (including fugitive emission is being schools and other public monitored in 4 locations amenities located nearest to through third party sources of dust generation as laboratory on monthly applicable) and records basis and records are submitted to the Regional being maintained. PA Office of the Ministry. submitting the monitored data to the Sub-Office, Raipur regularly. PA is advised to engage MoEF&CC authorized third party laboratory for monitoring of environmental parameters. 22. Partly complied. Ambient air quality monitoring Ambient Air Quality is shall be regularly carried out being monitored in 8 for criteria pollutants for locations for the which adequate parameters of PM10, monitoring PM2.5, SO2, NOx and CO stations shall be set up in through third party consultation with the Central laboratory and records / State Pollution Control are being maintained. Board. The data monitored The monitored data show shall be displayed on the that the values are within company's website and at 90 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. important public places in the the limit. PA submitting area mine is located. the monitored data to the Sub-Office, Raipur regularly. PA has installed one online continuous AAQ monitoring station at occupational health centre located at Khodgaon and necessary display arrangement has been made. However, the said online continuous AAQ monitoring station have not been linked to the servers of the CECB and CPCB. PA is advised to engage MoEF&CC authorized third party laboratory for the monitoring of environmental parameters. 23. The number of shifts for mine Refer below. operations shall be as per the PA assured to ensure the approved mining plan. shifts for mine operations Blasting shall be confined as per the approved during day time. M/s SAIL mining plan. Presently no shall undertake adequate blasting operation is p involved. However, PA rotection measures to control assured that in future the fugitive dust emission, blasting shall be confined noise pollution to mitigate during day time. External impacts surrounding the lease vehicular traffic hold. However, the number of movement is being shifts or hours permissible for followed as directed by external vehicular traffic shall the State authorities not exceed the limits in vogue concerned. for the area under consideration or in the event of passage through forest roads or public places, as may be applicable in this case. The limits prescribed by the local authorities shall not exceeded. If no such guidelines for time restrictions are applicable, then external transport preferably shall confine to two shifts. 24. Occupational health and Refer below. safety measures for the Presently, occupational workers including health Centre has been 91 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. identification of work related setup with doctor and health hazards, training on paramedical staffs at malaria eradication, HIV, and Khodgaon and is being health effects on exposure to operated through mineral dust etc. shall be Ramakrishna Mission carried out. The company Ashram for the benefit of shall engage a full-time nearby village people. qualified doctor who is trained in occupational health. Periodic monitoring for exposure to respirable mineral dust on the workers shall be conducted and records maintained including health records of the workers. Awareness programme for workers on impact of mining on their health and precautionary measures like use of personal equipments etc. shall be carried out periodically. Review of impact of various health measures undertaken (at interval of five years of less) shall be conducted followed by follow up action wherever required. 25. Being complied. Top soil / solid waste shall be Top soil is very less. stacked separately and with Generated top soil is proper slope and adequate being stacked separately safeguards and shall be for reusing the same. utilized for backfilling (wherever applicable) for reclamation and rehabilitation of mined out area. Top soil shall be separately stacked for utilization later for reclamation and shall not be stacked along with over burden. 26. Refer below. Over burden (OB) shall be Presently no O.B. is stacked at earmarked dump present. PA assured to site(s) only and shall not be abide the condition. kept active for long period. The maximum height of the dump shall not exceed 30 m, each stage shall preferably be of 10 m and overall slope of the dump shall not exceed 28°. The OB dump shall be backfilled. The OB dumps shall be scientifically vegetated with suitable native 92 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. species to prevent erosion and surface run off. Monitoring and management of rehabilitated areas shall continue until the vegetation becomes self- sustaining. Compliance status shall be submitted to the Ministry of Environment & Forests on six monthly basis. 27. Agreed upon. Slope of the mining bench and It was submitted that the ultimate pit limit shall be as condition is 'Noted' and per the mining scheme assured to abide the approved by Indian Bureau of condition. Mines. 28. Adequate plantation shall be Not complied. raised in the ML area, haul Green belt development roads, OB dump sites etc. has not been initiated in Green belt development the Mine lease area. shall be carried out Details of year wise considering CPCB guidelines afforestation programme including selection of plant has not been submitted species and in consultation to the Regional Office of with the local DFO / MoEF&CC. Agriculture Department. Herbs and shrubs shall also form a part of afforestation programme besides tree plantation. The density of the trees shall be around 2500 plants per ha. The company shall involve local people with the help of self- help group for plantation programme. Details of year wise afforestation programme including rehabilitation of mined out area shall be submitted to the Regional Office of the Ministry every year. 29. Partly complied. Regular monitoring of ground Ground water quality is water level and quality shall being monitored in 2 bore be carried out by establishing wells and the reports are a network of existing wells submitted to this Sub- and constructing new Office. PA has not piezometers during the mining established network of operation. The monitoring wells by constructing the shall be carried out four times piezometers. Ground in a year - pre-monsoon water level has not been (April-May), monsoon monitored as stipulated. (August), post- monsoon 93 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. (November) and winter (January) and the data thus collected shall be regularly sent to MoEF, Central Ground Water Authority and Regional Director, Central Ground Water Board. 30. Refer below. The waste water from the Presently there is no mine shall be treated to generation of waste conform to the prescribe water. PA claimed that standards before the condition is not discharging in to the natural applicable, since no stream. The discharged water discharge of waste water from the Tailing Dam (if any) from the mine. If any of shall be regularly monitored the conditions are not and report submitted to the applicable, PA shall get Ministry of Environment & amended the same from Forests, Central Pollution the MoEF&CC, New Control Board and the State Delhi. Pollution Control Board. 31. Hydro-geological study of the Not complied. area shall be reviewed Hydro-geological study of annually and report the area has not been submitted to the Regional reviewed and report has Office of the Ministry. In case not been submitted to the adverse effect on ground / Regional Office of surface water quality and MoEF&CC. PA informed quantity is observed mining that the study would be shall be stopped and conducted after two years resumed only after mitigating when the mine is steps to contain any adverse operating with full impact on water sources is production capacity. implemented. 32. Agreed upon. Vehicular emissions shall be It was submitted that the kept under control and condition is 'Noted' and regularly monitored. assured to abide the Vehicles used for condition. However, it is transportation of ores and submitted that no wildlife others shall have valid sanctuary is present in permissions as prescribed the vicinity of under Central Motor Vehicle mining/transport area. Rules, 1989 and its amendments. Transportation of ore shall be done only during day time. The vehicles transporting ores shall be covered with a tarpaulin or other suitable enclosures so that no dust particles / fine matters 94 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. escape during the course of transportation. No overloading of ores for transportation shall be committed. The trucks transporting ore shall not pass through wild life sanctuary. 33. Refer below. Prior permission from the Presently no ground Competent Authority shall be obtained for extraction of water extraction is ground water (if any). involved. Only surface water is being used. Presently State Ground Water department vide letter No. 2151/ऍफ़ 4-94 /एस- 2/31/ओजप्र/08 dated 21.05.2021 has accorded NOC for drawal of surface water of 0.365 MLD from sendree bhar Nalla. In the said NOC it has been reported that total water requirement of the project is 2.50 MLD, which will be met from Aturbeda Reservoir, by laying pipeline 34. Action plan with respect to Refer below suggestions /improvements Action plan with respect and recommendations made to suggestions during public /improvements and consultation/hearing shall be recommendations made during submitted to the Ministry and public consultation/hearing the State Govt. within six have not been submitted to the months. Ministry within six months. However, during the visit, PA submitted the status of implementation which is enclosed as Annexure-III. 35. Refer below. For overseeing and monitoring PA informed that the progress of various EMP Monitoring Committee measures and for taking any under the chairmanship corrective actions the of GM (Mines Rowghat) initiatives and responsibilities overseeing the should be that of the local implementation of EMPs. officers of M/s BSP. 36. Refer below. A Sub-Group of the EAC The matter pertains to the consisting of two members of 95 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. the EAC and an officer of the MoEF&CC, New Delhi. Ministry of appropriate seniority (to be constituted) shall make site visit at least once a year during the construction period and thereafter once in two years to see the state of compliance with various conditions stipulated by the Ministry from time to time and suggest appropriate action if any deficiency is noticed. The Sub- Group shall suggest to the EAC stoppage of any activities if it is satisfied that the company has not been properly implementing the EMP upon which the EAC shall make appropriate recommendations to the Ministry. 37. Refer below. Advance intimation for the The matter pertains to the visit(s) of the Sub- Group MoEF&CC, New Delhi. shall be provided to the Ministry by M/s SAIL / BSP at least three months in advance. The continuance of mining shall be determined by the report submitted by the Sub-Group on the state of affairs on mining and the related environmental issues including socio economic activities for the benefit of the local people, conservation of flora and fauna etc. 38. A final mine closure plan, Agreed upon. along with details of Corpus It was submitted that the Fund, shall be submitted to condition is 'Noted' and the Ministry of Environment & assured to abide the Forests, 5 years in advance of condition. final mine closure for approval. (B) General Conditions Status of compliance 1. No change in mining Complied with. technology and scope of No change in mining working shall be made technology and scope of 96 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. without prior approval of the working is observed. Ministry of Environment & Forests. 2. Complied. No change in the calendar Reportedly no change plan including excavation, in calendar plan quantum of mineral and including excavation, waste shall be made. quantum of mineral and waste is observed. 3. Refer below. Fugitive dust emissions from Fugitive dust emission is all the sources shall be being controlled. Water controlled regularly. Water spraying arrangements spraying arrangement on on haul roads have been haul roads, loading and practiced using mobile unloading and at transfer water tanker. points shall be provided and properly maintained. 4. Refer below Four ambient air quality- Ambient Air Quality is monitoring stations shall be being monitored through established in the core zone third party laboratory in as well as in the buffer zone eight locations comprising for RPM, SPM, SO2, NOx of core and buffer zone monitoring. Location of the for the parameter of stations should be decided PM10, PM2.5, SOx and based on the meteorological data, topographical features and environmentall NOx and the monitored data show that the values are within the limit. Details are not made available regarding consultation held with the State Pollution Control Board for deciding the monitoring locations. Further, PA has installed one continuous online AAQ monitoring station at occupational health centre located at Khodgaon and necessary display arrangement has been made. However, the said online continuous AAQ monitoring station have not been linked to the servers of the CECB and CPCB. PA is advised to engage MoEF&CC authorized third party laboratory for the third party monitoring of 97 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. environmental parameters. 5. Data on ambient air quality Being complied. (RPM, SPM, SO2, NOx) should Monitored Ambient Air be regularly submitted to the Quality data is being Ministry including its Regional regularly submitted to the office located at Bhopal and Sub-Office of MoEF&CC the State Pollution Control at Raipur, which are Board / Central Pollution placed in the relevant Control Board once in six project file. months 6. Agreed upon. Measures shall be taken for It was submitted that the control of noise levels below condition is 'Noted' and 85 dBA in the work assured to abide the environment. Workers condition. engaged in operations of HEMM, etc. shall be provided with ear plugs / muffs. 7. Industrial waste water Agreed upon. (workshop and waste water It was submitted that the from the mine) should be condition is 'Noted' and properly collected, treated so assured to abide the as to conform to the condition. standards prescribed under GSR 422 (E) dated 19th May, 1993 and 31st December, 1993 or as amended from time to time. Oil and grease trap shall be installed before discharge of workshop effluents. 8. Agreed upon. Personnel working in dusty It was submitted that the areas shall be provided with condition is 'Noted' and protective respiratory assured to abide the devices and they shall also be condition. imparted adequate training and information on safety and health aspects. 9. Provision shall be made for Not complied. the housing the labourers PA informed that no within the site with all labour colony shall be necessary infrastructure and made in the lease area. If facilities such as fuel for the condition is not cooking, mobile toilets, mobile applicable, PA shall get STP, safe drinking water, amended the same from medical health care, crèche the MoEF&CC, New etc. The housing may be in Delhi. 98 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. the form of temporary structures to be removed after the completion of the project. 10. A separate Environmental Not complied. Management Cell with All environment relevant suitable qualified personnel activities of the Mine is shall be set-up under the being handled by the control of a Senior Executive, Officers in the Bhilai Steel who will report directly to the Plant. Separate Head of the Organization. Environmental Management Cell with suitable qualified personnel have not been setup for the Rowghat Iron Ore Mine. 11. The project authorities shall Refer below. inform to the Regional Office Details / supporting of the Ministry located at documents are not made Bhopal regarding date of available regarding the financial closures and final information submitted to approval of the project by the the Regional Office of concerned authorities and the MoEF&CC regarding date date of start of land of financial closures and development work. final approval of the project by the concerned authorities and the date of start of land development work. However, during the visit PA informed that land development work was commenced on 05/02/2021 and the same was already informed. 12. Refer below The funds earmarked for No documents are made environmental protection available in support of measures shall be kept in the compliance of the separate account and shall condition. However, not be diverted for other during the visit PA purpose. Year wise informed that the total expenditure shall be reported fund earmarked for the to the Ministry and its environment protection Regional Office located at measure is Rs. 17.50 Bhopal. Crore for which 1.11 crore has been approved for the year 2020- 21. 13. The project authorities shall Refer below. 99 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. inform to the Regional Office Details / supporting located at Bhopal regarding documents are not made date of financial closures and available regarding the final approval of the project information submitted to by the concerned authorities the Regional Office of and the date of start of land MoEF&CC regarding date development work. of financial closures and final approval of the project by the concerned authorities and the date of start of land development work. However, during the visit PA informed that land development work was commenced on 05/02/2021 and the same was already informed. 14. The Regional Office of the Complied with. Ministry located at Bhopal PA extended full co- shall monitor compliance of operation to the Officer of the stipulated conditions. The the MoEF&CC, IRO, project authorities shall Raipur during the visit by extend full cooperation to the providing requisite officer(s) of the Regional Office monitored data / by furnishing the requisite information. data / information / monitoring reports. 15. The project proponent shall Not complied. submit six monthly reports on Six monthly compliance the status of the reports have not been implementation of the submitted regularly to the stipulated environmental Sub-Office of MoEF&CC safeguards to the Ministry of at Raipur. PA is advised Environment and Forests, its to ensure the compliance Regional Office, Bhopal, of the condition by Central Pollution Control submitting the six Board and State Pollution monthly compliance Control Board. The project report (both hard and soft proponent shall upload the copies) along with status of compliance of the supporting environmental clearance data/documents to this conditions on their website Sub-Office regularly and and update the same the same shall be periodically Regional Office, uploaded on the website Ministry of Environment and of theForests, company.Bhopal. and simultaneously send the same by e-mail to the 100 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. 16. A copy of clearance letter will Reportedly complied. be marked to concerned PA informed that the Panchayat / local NGO, if condition was complied any, from whom suggestion / with. However, no representation has been supporting documents received while processing are the made available in proposal. The clearance letter this regard. shall also be put on the website of the company. 17. Reportedly Complied. State Pollution Control Board shall display a copy of the clearance letter at the Regional office, District Industry Centre and Collector`s office / Tehsildar`s Office for 30 days. 18. The project authorities shall Refer below. advertise at least in two local PA has advertised the newspapers widely grant of EC in the daily circulated, one of which shall Nav Bharat and Danik be in the vernacular language Bhaskar on 14th April, of the locality concerned, 2010. But bot the within 7 days of the issue of advertisements are in the clearance letter informing Hindi. Copy of the EC that the project has been letter is available in the accorded environmental website of the MoEF&CC. clearance and a copy of the clearance letter is available with the State Pollution Control Board and also at web site of the Ministry of Environment and Forests at http://envfor.nic.in and a copy of the same shall be forwarded to the Regional Office of the Ministry located in Bhopal. 19. The Ministry or any other Agreed upon. competent authority may It was submitted that the alter/modify the above condition is 'Noted' and conditions or stipulate any assured to abide the further condition in the condition. interest of environment protection. 20. Concealing factual data or Agreed upon. submission of false / fabricated data and failure to It was submitted that the comply with any of the condition is 'Noted' and assured to abide the condition 101 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. conditions mentioned above may result in withdrawal of this clearance and attract action under the provisions of Environment (Protection) Act, 1986. 21. Any appeal against this Refer below. environmental clearance shall As per available records lie with the National no appeal preferred Environment Appellate within a period of 30 Authority, if preferred, within days from the issue of a period of 30 days as EC. The compliance of prescribed under section 11 of this condition does not the National Environment arise as the EC was Appellate Authority Act, 1997. accorded on 04/06/2009. 22. The above conditions will be Partly complied with enforced inter-alia, under the Project Authority obtained provisions of the Water "Consent to Establish" (CTE) (Prevention & Control of from the Chhattisgarh Pollution) Act, 1974, the Air Environment Conservation (Prevention & Control of Board (CECB) vide Order Pollution) Act, 1981, the No.766/TS/CECB/2013 Environment (Protection) Act, Raipur dated 09/05/2013, 1986 and the Public Liability which was valid for 5 years. Insurance Act, 1991 along Validity of the CTE have not with their amendments and been renewed beyond the rules. validity period (i.e. 08/5/2018) and construction activities of certain facilities of the Project is in progress without valid CTE. In this regard, Project Authority informed that they submitted application before the Chhattisgarh Environment Conservation Board (CECB) seeking validity extension of CTE beyond 08/5/2018. However, Chhattisgarh Environment Conservation Board (CECB) vide letter dated 23/9/2019 informed to the Project Authority that validity extension of CTE is not required, since the "Consent to Operate" (CTO) have been issued. The matter shall be revisited by the CECB, since most of the 102 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. project relevant facilities are yet to be established / installed. Consent to Operate under Air and Water Act have been obtained from the Chhattisgarh Environment Conservation Board (CECB) vide order No.7703/TS/CECB/2023 Nava Raipur Atal Nagar, dated 01/02/2023 for the production of Iron ore having the capacity of 14.0 MTPA, which is valid till 31.01.2024. The production capacity sanctioned (14.0 MTPA) in CTO is mutually conflicting with the capacity accorded by the MoEF&CC permitting to transport 0.3 MTPA of ore from Rowghat Mine Lease to Keonti by road till 31/12/2023. The sanctioned production capacity should be equal or less than the permitted quantity in the EC. PA is advised to take necessary amendment in the CTO. Details are not made available regarding Authorization obtained under Bio-medical Waste (Management and Handling) Rules and Hazardous Waste Management Rules. PA has obtained Public Liability Insurance under Public Liability Insurance Act, 1991. Additional conditions imposed in EC Amendments dated 15/3/2022. S.No. Specific Condition Status of compliance 1 Data on ambient air quality Refer below. (PM10, SO2, NOx) should be Monitored data of Ambient regularly submitted to the Air Quality for the Ministry including) its parameters of PM10, PM2.5, Regional Office and the State SO2, NOx is being submitted Pollution Control Board / to the Sub-office of Central Pollution Control MoEF&CC at Raipur. 103 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. Board once in six months. The Presently no blasting critical parameters such as operation is involved and SPM, RSPM, NOx in the thus monitoring of peak ambient air within the impact particle velocity does not zone, peak particle velocity at arise. PA assured to comply 300m distance or within the with the circulars / protocols nearest habitation, whichever of DGMS during the blasting is closer shall be monitored operation undertake in near periodically. Further, quality future. Presently, there is no of discharged water shall also any discharge of water. be monitored (TDS, DO, pH) and total Suspended solids (TSS)]. The monitored data shall be uploaded on the website of the company as well as displayed on a display board at the project site at a suitable location near the main gate of the company in public domain. The circular no. 3-20012/1/2006-IA. II (M) dated 2.5.2009 issued by the Ministry of Environment and Forests, which is available on the website of the Ministry www.envfor.nic.in shall also be referred in this regard for its compliance. S.No. Specific Condition Status of compliance 1. The project proponent shall Not complied advertise in at least two local Details are not made available. newspapers widely circulated in the region around the project, one of which shall be in the vernacular language of the locality, / office of Municipal Corporation/Gram Panchayat concerned and on the company's web site within seven days from the date of this clearance later, informing that the project has been accorded environmental clearance and copies of clearance letter are available with the State Pollution Control Board/Committee and may also be seen at Website of the Ministry of Environment and Forests at http://envfor.nic.in. 104 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. 2. The environmental statement Refer below for each financial year ending PA informed that 31st March in Form-V as is environmental mandated shall be submitted statement is being to the State Pollution Control submitted to the State Board as prescribed under Pollution Control Board. the Environment (Protection) However, the same has Rules, 1986, as amended not been submitted to subsequently and shall also the Regional Office of be put on the website of the Ministry as stipulated. company along with the Copy of the status of compliance of environmental environmental clearance statement submitted is conditions. The same shall made available during also be sent to the Regional Office of Ministry by e- mail. the visit. 3. All other conditions stipulated Agreed upon. vide this Ministry's letter of It was submitted that even no. dated 4.06.2009 the condition is 'Noted' shall remain unchanged and assured to abide the condition.
Additional specific conditions imposed in EC Amendments dated 25.01.2022.
S.No. Specific Conditions Status of compliance
1. No mining activities will be Being complied.
allowed in the land involved Mining activity is restricted in the mine lease area i.e in the area where Stage - II 1145.577 ha. for which the forestry clearance is forest clearance is not obtained.
available.
2. The project proponent shall strictly comply the EC Agreed upon.
condition prescribed in the It was submitted that the earlier environmental condition is 'Noted' and clearance letter dated assured to abide the 04.06.2009, 15.03.2010 and condition.
08.06.2017.
3. Monthly progress on Being complied.
construction of Rail link to be
Monthly progress on
used for transportation of
construction of Rail link is
material shall be submitted to
being submitted to this Sub-
IRO.
Office from the past one
year.
4. Partly complied.
The project Proponent during PA assured to comply with
the transportation through the condition. PA regularly
road shall ensure that all the
105
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
mitigative measures are submitting monitored data to
implemented in such a way the Sub- Office of MoEF&CC,
that no dust generated and Raipur. However, PA has not
actual monthly air quality submitted six monthly
monitoring data for compliance report with
transportation should be supporting documents
maintained and produced regularly to this Sub- Office.
during six monthly
compliance report to IRO. In
case if any adverse impact is
encountered IRO shall
immediately intimate the
same to the Ministry.
5. The project proponent should Agreed upon.
explore the possibility for It was submitted that the
shifting to clean energy using condition is 'Noted' and
electric equipment for cleaner assured to abide the
production options to reduce condition.
the emission generated from
various machinery /
equipment's.
29. Following conditions are required to be complied by the project proponent for which we direct to comply as follows :-
i. Biomedical Waste (Management and Handling) Rules and Hazardous Waste Management Rules must be strictly complied by the project proponent.
ii. The obligatory compensatory afforestation must be done and report be submitted to regional office of the ministry on half yearly basis.
iii. Green belt must be developed.
iv. Botanical park, fuel wood and fodder plantation, nursery
should be developed in the region.
v. There should be continuous online ambient air quality
monitoring station and to be linked to the server of the CPCB and CECB.106
Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
vi. Groundwater level and quality needs to be monitored as stipulated.
vii. Hydrogeological study of the area is to be reviewed and report be submitted to regional office MoEF&CC.
30. The Mine Department, Rawghat has submitted the report with regard to justification of capacity to generate and the expected timeline for completion of the riverine as follows :-
"The project Proponent needs to justify the raise in dispatch from 0.3 MTPA to 0.8 MTPA. Need for the raise strongly justified as it is related to change in production of Bhilai Steel Plant.
Present and future iron are requirements of Bhilai steel plant are as follows:
Year Hot Iron Ore Present Supplies (in Mt) Shortfall Metal Requirement (in Mt) Plan (in Mt) Existing Iron SAIL's Mines (in Mt) Ore Source other In (Dallt- Jharkhand de Rajhara) Odisha 2021-22 6.5 10.4 8.0 1.0 1.4 2022-23 6.5 10.4 8.0 1.0 1.4 2023-24 7.5 12.0 8.0 1.0 3.0 The present shortfall is 1.4 MTPA which is expected to rise to 3.0 MTPA by 2023-24. Thus, Bhilai Steel Plant (BSP) is being forced to operate at reduced capacity which is affecting the plant's operating economics. Moreover, SAIL's captive mines in Jharkhand and Odisha are supplying iron ore to SAIL's steel plants at Rourkela, Bokaro, Durgapur and Bumpur which too have increased their capacities recently. The mines supplying iron ore to these plants do not have spare capacity to meet the shortfall at BSP and the rail infrastructure (Howrah-Mumbai Rail 107 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. Network) also does not support transport of additional quantity on continuous sustained basis.
Further, the total mineable reserves in operating mines of Dalli Rajahra is only 50 Million Tonne with inferior quality. The quality of iron ore has deteriorated with a corresponding increase in gangue content to 9.5% gangue (SiO₂+Al2O3) resulting in very high coke rate of 447 kg per tonne of hot metal as compared to 357 kg per tonne of hot metal of TATA STEEL JHAMSHEDPUR.
This has resulted in higher fuel consumption (Coke + Pulverised coal injection) thus increasing the CO, emission.
In addition to this, SAIL's other iron mines (located in Odisha & Jharkhand) are more than 500 km from Bhilai Steel Plant whereas Dalli-Rajhara Mines (-100 km from Bhilai) and Rowghat Mines (-200 km from Bhilai) are much closer. Thus the haulage distance & freight involved is much less along with energy requirement for haulage per tonne.
Comparison of Iron Ore procurement from Rowghat vis-o-vis other sources Kiriburu Mine of SAll in Jharkhand vs Rowghat ➢ Haulage of 0.5 MTPA iron ore from Kiriburu Mine (Jharkhand) to BSP is equivalent to: 0.5 MTPA x (539 km)- 269.5 million tonne-km.
➢ Haulage of 0.5 MTPA iron ore from Roughat Mire to BSP is equivalent to: 0.5 MTPA x (142 km 58 kmj100 million tonne-km.
➢ Hauling 0.5 MTPA of ore from Kiriburu to BSP is equivalent to hauling -2.6-2.7 MTPA of ore from Rowghat to BSP. The extra haulage is un-economical.
Bailadila of NMDC v/s Rowghat- Rail link to Durg (Manabar- Lanpgar- Titlagarh Route) ➢ Haulage of 0.5 MTPA iron ore from Bailadila Mine (Chhattisgarh) to BSP is equivalent to: 0.5 MTPA x (837 km) 418.5 million tonne - km.
108Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
➢ Haulage of 0.5 MTPA iron ore from Rowghat Mine to BSP is equivalent to: 0.5 MTPA x (142 km 58 km) 100 million tonne - km.
➢ Hauling 0.5 MTPA of ore from Bailadila to BSP is equivalent to hauling 4.0-4.2 ΜΤΡΑA of ore from Rowghat to BSP. The extra haulage is un economical.
Parameters Loading Station
for the
proposed 0.5 Antagarh (SAIL) Kiriburu (SAIL) Kirnadul (NMDC)
Μτρα
increase from
Rowghat
Distance 142 Km. + 58 Km. 539Km. 873Km.
Freight (in Rs.) 341 + 247 = 588 1046 1663
100 Million Tones Km. 269.5 Million 418.5 Million
Tones Km Tones Km
The railway line up to Rouwghat is expected to be completed by 2025. On completion of the rail link it will be possible to transport 14 MTPA iron ore to BSP through Rail By that time, iron ore reserves at Dalli Rajahara will be nearly exhausted and production from these sources will be reduced.
The shortfall in iron ore supply will be made up by increasing the production from Rowghat Mine. It is to be noted that it is not possible to increase the production 0.3 ΜΤΡΑ 1ο 14 ΜΤΡA within a short time frame. Increasing production has to be done in phases. Increasing the production to 0.8 MTPA will be one such phase and shall help in reducing the shortfall of iron ore to some extent.
As such presently, there is no industry in Narainpur district (where Anjrel Block of Roughat is situated) and the present mining activity will not only boost the economic activity by way of increased revenue earnings of Government in form of Royalty, DMF and Forest transit fee and also generate employment and 109 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
will improve the overall human development index of the North Bastar district of Chhattisgarh."
31. The submission of the learned counsel for the MoEF&CC are that all projects or activities included as Category 'A' in the Schedule. including expansion and modernization of existing projects or activities and change in product mix. shall require prior Environmental Clearance from the Central Government in the Morison of Environment. Forest and Climate Change (MoEF&CC) on the recommendations of an Expert Appraisal Committee to be constituted by the Central Govt. for the purpose of this Notification and the present activity is listed at schedule no 1(a) Mining of Minerals an Category A as the mining lease areas greater than 250 ha and accordingly appraised at the Central level by the Answering Respondent.
32. The Respondent No.4 first obtained LC in 04.06.2009 for production of 140 MIPA of Iron ore. The ore was supposed to be dispatched by rail to SAIL's Bhila Steel Plant located at a distance of 185 km from the mine lease area but there has been delay in commissioning of rail link to Rowghat due to Left wing extremism activities and obtaining forest clearance. In this regard, amendment in EC dated 04.06.2009 was sought to allow dispatch through road @ 2.0 MTPA till Dec., 2026 from the existing capacity of 0.3 MTPA by road. About 81% of the rail works has been completed upto Tadoki (77km) and the remaining work up to Rowghat will be completed by June. 2025 and it is expected to commission the Rowghat Station by Dec 2025 and associated linking infrastructure by Dec, 2026. In order to assess the amendment sought in the EC and its likely impact on the environment viz air quality, traffic density etc. a study was conducted by NABET accredited EIA Consultant 110 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. and was submitted by Project Proponent as an addendum to EIA/EMP Report.
33. The proposal was presented before the Expert Appraisal Committee (EAC) in 22nd meeting held for Environmental Appraisal of Mining Projects (Non-Coal) of the Birds of Environment, Forest and Climate Change during 14-15 November, 2023. It is submitted that the Expert Appraisal Committee (EAC) is a Committee of technical experts in various fields, appointed by the Ministry of Environment, Forest and Climate Change in India. The Committee is responsible for assessing the potential environmental impact of various projects proposed by the government or private The MM provides recommendations to the Ministry based on their assessment, which helps in decision-making related to environmental clearances for such protects. The proposal was recommended by the Committee with some specific conditions to be abided by the Respondent No.4.
".............
XXXX
(i) This amendment in EC will be valid for a period of a 2 (two) years only w.e.f 01.01.2024.
(ii) The dispatch of 2.0 MTPA (Maximum) of Iron Ore by Road up to Antagarh Rly. Siding and/or Bhanupratappur Rly.
Siding and then by Rail to Bhilai is allowed in two phases for a period of two years i.e., 1.5 MTPA for a period of 6 months w.e.f 01.01.2024 to 30.06.2024 and 2.0 MΤΡΑ (1.5 ΜΤΡΑ + 0.5 MTPA) for a period of 18 months w.e.f 01.07.2024 to 31.12.2025. Accordingly, State Pollution Control Board shall grant the Consent to Operate (СТО).
(iii) Mining activity is restricted to an area of 883.22 ha for which the Stage-II Forest Clearance is available.
111Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
(iv) The Project Proponent shall speed up the progress of the rail link and monthly progress status along with the photographs shall be submitted to the Regional Office of MoEF&CC.
(v) Fugitive dust monitoring shall be monitored regularly at all the sensitive receptors and report shall be submitted quarterly to the Regional Office of MoEF&CC.
(vi) Project Proponent shall mountain the entire mineral transportation route by road Project. The Project Proponent shall also periodically mountain the roads to fugitive emissions from roads and also the vehicular emissions.
(vii) Regular sprinkling shall be done on roads to suppress the dust at the source.
(viii) The wheel washing facility for the ore transport vehicles shall be provided at the exit point of the mine. The wheel washing facility shall be integrated with complete recirculation system.
(ix) Over loading of transport equipment's should be avoided to prevent spillage Vehicles involved in transporting the material should be covered to prevent fugitive dust emission.
(x) The Project Proponent shall undertake the dense plantation all along the haul roads and approach roads to attenuate the fugitive dust.
(xi) The Project Proponent shall ensure that the additional traffic on the road in no way shall be hindrance to the public. Traffic marshal shall be deployed to ensure the safe movement of transportation.
(xii) The real time data generated by continuous ambient air quality monitoring stations (CAAQMS) should be displayed 112 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
digitally at entry and exit gate of mine lease area for public display and shall be linked to server of CPCB/SPCB.
(xiii) The Project Proponent shall explore the possibility of using atleast 20% of Electric vehicles/CNG/Solar instead of diesel operation within three years.
..........................
..........................
(xiv) All other terms and conditions mentioned in the EC letter dated 04.06.2009, 15.03.2010, 08.06.2017 and 25.01.2022 shall remain unchanged.
i. The project was for the amendment in previous environmental clearance dated 04.06.2009 for changes in operation of transportation of iron ore (dispatch of таximum 2.0 МТРА) by road. The one time public hearing/consultation was held already on 25.06.2007 and 29.06.2007 as per EIA Notification. 2006 at Naryanapur and Kanker district respectively. That, it is further stated that the Public Consultation is mandated and forms an integral part of the Environment Clearance process under EIA Notification. 2006. The provision w.r.t Public Consultation shall ordinarily have two components comprising of (a) A Public Hearing at the site or in its close proximity district wise, to be carried out for ascertaining concerns of local affected persons; (b) obtain responses in writing from other concerned persons having a plausible stake in the environmental aspects of the project or activity. The public hearing at, or in close proximity to, the site(s) in all cases shall be conducted by the State Pollution Control Board (SPCB) or the Union territory Pollution Control Committee (UTPCC) concerned in the specified manner.
113Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
ii. The MoEF&CC grants environmental clearance to a project only after due diligence by the EAC with adequate environmental safeguards.
iii. That State Department of Mines and Geology is the nodal authority in the State for dealing with the allotment of mining leases under the Mines and Minerals (Development and Regulation) Act (MMDR Act) and is entrusted with the enforcement and regulation of mining operations in a State including illegal mining. Further, the State Government is empowered under Section 23 C of the Mines and Minerals (Development and Regulation) Act 1957 (MMDR Act) to make rules for prevention of illegal mining, transportation and storage if minerals and The State Department of Mines & Geology is the Nodal Authority in the India alongwith the allotment of mining leases under the MMDR Act and ia entrusted with the enforcement and regulation of mining operations in a State.
iv. The State Pollution Control Board is the Nodal Authority in the State for dealing with cases related to pollution or environment management coming under the purview of the Water (Prevention and Control of Pollution) Act. 1974. the Air (Prevention and Control of Pollution) Act. 1981 and the Environment Protection Act. 1986."
34. Learned counsel for the CECB has argued that the Environmental clearance process is governed by Environment Impact Assessment Notification, 2006 (hereinafter referred to as EIA Notification) of MoEF&CC and its complete process involves screening, scoping, hearing consultation/public hearing and appraisal of the project. The main objective of EC is to assess the impact of the proposed project on the environment and habitat in that area and try to abate the impact of the same. As per Clause 7 of the EIA Notification, a panel consisting of the District Magistrate/ the District Collector / the Deputy Commissioner or 114 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. his or her representative (not below the rank of an Additional District Magistrate), assisted by a representative of the concerned State Pollution Control Board, are responsible for supervising and presiding over a public hearing.
35. The public hearing regarding the Rowghat Mining Project was conducted on 25.06.2007 at Collectorate Auditorium, Naraynpur District, Chhattisgarh in accordance with law. Prior notice was published on 23.05.2007 & 24.05.2007 in a local newspaper and national newspaper i.e., providing 30 days clear period for conducting the public hearing as contemplated under the EIA, Notification 2006. The entire public hearing was conducted under the chairmanship of the District Collector with the assistance of the Chhattisgarh Environment Conservation Board and the same was submitted to MoEF&CC for the purpose of granting EC to the said project. The public hearing conducted was properly video graphed and the representations and views of the public were properly recorded, the minutes of the public hearing were prepared and furnished to the MoEF&CC and it is thereafter, the clearance was granted on 04.06.2009.
36. Thereafter, the project proponent applied for a modification in the EC conditions with regard to the mode of transportation ore. Subsequently, the MoEF&CC approves the modification of EC conditions granted to the project proponent for Rowghat mines. That there was no extension in the production capacity of the project proponent, the only amendment in the EC was dispatching up to 2.0 MTPA by road up to Antagarh Railway Siding and/or Bhanupratappur Railway Siding and then by rail to Bhilai from the original plan i.e., evacuating the entire quantity of iron ore via Railway to Bhilai, thus there was no fundamental change in the EC modified by the MoEF&CC, thus in view of the same, there was no requirement to conduct the public hearing again.
115Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
37. The summary EIA report was sent to the District Head Office, District Narayanpur, Chief Executive Officer, District Panchayat Khadkagaon, Sarpanch, Gram Panchayat Bijli, Sarpanch, Gram Panchayat Sulenga (Khodgaon), Sarpanch, Gram Panchayat Kadandi (Kurushaar), District Narayanpur, Director, Department of Forest and Environment, Central Parchavaran Bhawan, Link Road No. 3, Ravi Shankar Nagar Bhopal (Madhya Pradesh), Member Secretary, Chhattisgarh, Civil Lines Raipur and was also kept before the Regional Officer of Respondent No. 3 and Adhanpur Housing Board Colony, Dharampura Jagdalpur for its perusal.
Further, before starting the proceeding of the public hearing, project proponent presented a detailed layout of the project. There is no provision or mandate to conduct the public consultation process again for the same proposal as per the EIA Notification. Thus, it goes without saying, that there was no lag on the part of Respondent No. 3 while performing its duties as per EIA Notification, 2006. Respondent duly conducted inspections of the unit of the Project proponent on various occasions to verify compliance of CTO Conditions and during the inspection it was found that the project proponent was duly compliant with the below mentioned CTO Conditions. The parawise reply to each contention raised in Para 56 of the Appeal is mentioned herein below for the easy reference of this Hon'ble Court:-
a. The transportation of iron ore to 'Keonti' by road, but that was never followed (condition 5).
In this regard, it is submitted that MoEFCC granted EC to project proponent on 04.06.2009, which has condition of Transportation of Iron Ore through Rail line only, however due to delay in construction of railway line, the Project 116 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
proponent obtained amended EC on 08.06.2017 w.r.t.
transportation of 0.3 MTPA of Iron ore from Rowghat mines to Keonti railway station (Approx. 58 Kms from the Rowghat mines) by road and further onwards Dallirajhara/Bhilai through Rail line. When the dispatch of iron ore started in February 2021, the rail link was extended up to Antahgarh (Approx 38 Km from Rowghat mines). So the project proponent started transportation up to Antahgarh station instead of Keonti Railway station.
b. Black topping/ asphalting/ concreting and maintaining transportation routes (condition 7) but the terrible condition of the roads shows that this condition was never met.
In this regard, it is submitted that as per the inspection reports dated 01.06.2022 and 28.07.2023, it was found that the project proponent has constructed Road between Anjrel block to State Highway 05 (approx 6.75 Kms.) and state highway 05 to Antagarh railway station (Approx 1.8 Kms).
c. Extensive tree plantation around mining lease area, along roads etc. specifying that at least 2000 local plant species per hectare shall be (condition 18), but this has not been done.
In this regard, it is submitted that the Mining lease is situated under Forest area and that the process of deforestation is not yet completed. However, at present the plantations are being carried out in Anjrel and BSF camp Khodgaon.
117Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
d. Establishment of an Environment Management Cell under a senior executive (condition 22), but this has not been done till now.
In this regard, it is submitted that the Environment Management Cell is being established under the supervision of Executive director.
e. The Project Proponent has been operating its unit in compliance with the CTO Conditions. Also, the answering Respondent conducted the inspection of the unit of the Project proponent on various occasions in order to make sure that no violations of the CTO conditions may occur.
38. Learned counsel for the respondent/project proponent has submitted that the project proponent in this case i.e. Steel Authority of India is a public sector undertaking owned by the Government of India and has been conferred Maharatna company status and one of the largest steel producers in the country. To develop the infrastructure of the country and the growth steel is required. It also generates the employment to face the unemployment problem in the country. Due to frequent Naxal threats, there was inordinate delay in land acquisition and transfer of land to railway by the Government of Chhattisgarh and later on the construction of rail project was also delayed due to Naxalite problems.
39. It is further submitted that the Rail Project and its construction up to 42 km. stage out of 95 km. has been completed and is under operation from May, 2019 from Keodi and 18 km. section from Keodi to Antagad is commissioned in August, 2020.
40. It is further submitted that 17 km. section from Antagad to Tadoki is commissioned in September, 2023 and rest of the remaining 18 km. for 118 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. which this petition has been filed is likely to be completed up to June, 2025. The project proponent and the Railway Department are trying their best to complete the project within time but it was delayed due to certain unavoidable reasons which was beyond control of the project proponent.
The progress of the country is dependent on the Principle of Sustainable Development.
41. Section 3 of the Environment (Protection) Act, 1986 empowers the Central Government to take all such measures for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. One of the measures provided in Section 3 (2) (v) is restriction of areas in which any industries, operations or processes or class of industries shall not be carried out or shall be carried out subject to certain safeguards. The Environment (Protection) Rules, 1986 were made in exercise of power conferred by Sections 6 and 25 of the Environment (Protection) Act, 1986. According to Rule 5, the Central Government may prohibit or restrict the location of industries and the carrying on of processes and operations in different areas. In exercise of the power conferred on the Central Government by Sub-Clause (i) and Clause (v) of Sub-Section (2) of Section 3 of the Environment (Protection) Act, 1986 read with Clause (b) of Sub rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, the Ministry of Environment and Forests, Government of India issued a Notification on 14.09.2006 directing construction of new projects or activities or the expansion or modernization of existing projects or activities listed under the Schedule to the Notification shall be undertaken only after prior environmental clearance from the Central Government or the State Level Environment Impact Assessment Authority.
119Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
42. Clause 2 of the said Notification provides that new projects or expansion and modernization of existing projects listed under the Schedule to the Notification require prior environmental clearance from the concerned regulatory authority. The Schedule to the Notification includes Highways at Item No.7 (f). New National Highways and expansion of National Highways greater than 30 kms involving additional right of way greater than 20 meters or land acquisition and passing through more than one State, require prior environmental clearance. A high-level Committee headed by Member (Environment and Forests, Science and Technology), Planning Commission was constituted by the Ministry of Environment and Forests to review the provisions of the Environmental Impact Assessment Notification dated 14.09.2006 pertaining to environmental clearance for roads, buildings and Special Economic Zone projects. One of the terms of the reference for the Committee was to review the requirement of environmental clearance for Highways expansion projects with a right of way up to 60 meters and length of 200 km. The Committee submitted its report recommending that expansion of National Highways projects up to 100 km involving additional right of way or land acquisition up to 40 meters on existing alignments and 60 meters on realignments or by passes maybe exempted from the purview of the Notification. The report of the Committee was accepted and Item 7 (f) in column (3) to the Notification dated 14.09.2006 was substituted as follows:
"Expansion of National Highways greater than 100 km involving additional right of way or land acquisition greater than 40 meters on existing alignments and 60 meters on realignments or by passes."
43. A statutory rule or Notification is to be treated as a part of the statute [1982]2scc 205. Rules made under a statute must be treated for all 120 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. purposes of construction or obligation exactly as if they were in the Act, are to be of the same effect as if they are contained in the Act, and are to be judicially noticed for all purposes of construction or obligation [1961] SCR (2) 679. The principles of interpretation of subordinate legislation are applicable to the interpretation of statutory Notifications [2011]6 SCC 545.
If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves do alone in such cases best declare the intent of the law-giver. It has been repeatedly held by the Court that where there is no ambiguity in the words, literal meaning has to be applied, which is the golden rule of interpretation. The words of a statute must prima facie be given their ordinary meaning [2002] 3 SCC
722.
44. While economic development should not be allowed at the cost of ecology or by causing widespread environmental destruction, the necessity to preserve ecology and environment should not hamper economic and other development. Both development and environment must go hand in hand.
In other words, there should not be development at the cost of environment and vice versa, but there should be development while taking due care and ensuring the protection of environment [Indian council for enviro-legal action v union of India [1996]5 SCC 281]. The traditional concept that development and ecology are opposed to each other is no longer acceptable [Vellore citizens welfare forum v. union of India [1996]5 SCC 647].
45. Apart from providing smooth flow of public goods and services which contribute to the economic growth, highways also benefit regional development in the country. In the normal course, impediments should not be created in the matter of National Highways which provide the much 121 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
- needed transportation infrastructure. At the same time, protection of environment is important.
46. In a constitutional framework which is intended to create, foster and protect a democracy committed to liberal values, the rule of law provides the cornerstone. The rule of law is to be distinguished from rule by the law. The former comprehends the setting up of a legal regime with clearly defined rules and principles of even application, a regime of law which maintains the fundamental postulates of liberty, equality and due process.
The rule of law postulates a law which is answerable to constitutional norms. The law in that sense is accountable as much as it is capable of exacting compliance. Rule by the law on the other hand can mean rule by a despotic law. It is to maintain the just quality of the law and its observance of reason that rule of law precepts in constitutional democracies rest on constitutional foundations. A rule of law framework encompasses rules of law but it does much more than that. It embodies matters of substance and process. It dwells on the institutions which provide the arc of governance. By focusing on the structural norms which guide institutional decision making, rule of law frameworks recognize the vital role played by institutions and the serious consequences of leaving undefined the norms and processes by which they are constituted, composed and governed. A modern rule of law framework is hence comprehensive in its sweep and ambit. It recognizes that liberty and equality are the focal point of a just system of governance and without which human dignity can be subverted by administrative discretion and absolute power. Rule of law then dwells beyond a compendium which sanctifies rules of law. Its elements comprise of substantive principles, processual guarantees and institutional safeguards that are designed to ensure responsive, accountable and sensitive governance.
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47. The environmental rule of law, at a certain level, is a facet of the concept of the rule of law. But it includes specific features that are unique to environmental governance, features which are sui generis. The environmental rule of law seeks to create essential tools - conceptual, procedural and institutional to bring structure to the discourse on environmental protection. It does so to enhance our understanding of environmental challenges - of how they have been shaped by humanity's interface with nature in the past, how they continue to be affected by its engagement with nature in the present and the prospects for the future, if we were not to radically alter the course of destruction which humanity's actions have charted. The environmental rule of law seeks to facilitate a multi- disciplinary analysis of the nature and consequences of carbon footprints and in doing so it brings a shared understanding between science, regulatory decisions and policy perspectives in the field of environmental protection. It recognizes that the 'law' element in the environmental rule of law does not make the concept peculiarly the preserve of lawyers and judges. On the contrary, it seeks to draw within the fold all stakeholders in formulating strategies to deal with current challenges posed by environmental degradation, climate change and the destruction of habitats. The environmental rule of law seeks a unified understanding of these concepts. There are significant linkages between concepts such as sustainable development, the polluter pays principle and the trust doctrine. The universe of nature is indivisible and integrated. The state of the environment in one part of the earth affects and is fundamentally affected by what occurs in another part. Every element of the environment shares a symbiotic relationship with the others. It is this inseparable bond and connect which the environmental rule of law seeks to explore and understand in order to find solutions to 123 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. the pressing problems which threaten the existence of humanity. The environmental rule of law is founded on the need to understand the consequences of our actions going beyond local, state and national boundaries. The rise in the oceans threatens not just maritime communities. The rise in temperatures, dilution of glaciers and growing desertification have consequences which go beyond the communities and creatures whose habitats are threatened. They affect the future survival of the entire eco-system. The environmental rule of law attempts to weave an understanding of the connections in the natural environment which make the issue of survival a unified challenge which confronts human societies everywhere. It seeks to build on experiential learnings of the past to formulate principles which must become the building pillars of environmental regulation in the present and future. The environmental rule of law recognizes the overlap between and seeks to amalgamate scientific learning, legal principle and policy intervention. Significantly, it brings attention to the rules, processes and norms followed by institutions which provide regulatory governance on the environment. In doing so, it fosters a regime of open, accountable and transparent decision making on concerns of the environment. It fosters the importance of participatory governance - of the value in giving a voice to those who are most affected by environmental policies and public projects. The structural design of the environmental rule of law composes of substantive, procedural and institutional elements. The tools of analysis go beyond legal concepts. The result of the framework is more than just the sum total of its parts. Together, the elements which it embodies aspire to safeguard the bounties of nature against existential threats.
For it is founded on the universal recognition that the future of human 124 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
existence depends on how we conserve, protect and regenerate the environment today.
48. In its decision in Hanuman Laxman Aroskar vs Union of India, [2019] 15 SCC 401 the Court, recognized the importance of protecting the environmental rule of law. The court observed:
"142. Fundamental to the outcome of this case is a quest for environmental governance within a rule of law paradigm. Environmental governance is founded on the need to promote environmental sustainability as a crucial enabling factor which ensures the health of our ecosystem.
"143. Since the Stockholm Conference, there has been a dramatic expansion in environmental laws and institutions across the globe. In many instances, these laws and institutions have helped to slow down or reverse environmental degradation. However, this progress is also accompanied, by a growing understanding that there is a considerable implementation gap between the requirements of environmental laws and their implementation and enforcement -- both in developed and developing countries alike ...
"156. The rule of law requires a regime which has effective, accountable and transparent institutions. Responsive, inclusive, participatory and representative decision making are key ingredients to the rule of law. Public access to information is, in similar terms, fundamental to the preservation of the rule of law. In a domestic context, environmental governance that is founded on the rule of law emerges from the values of our Constitution. The health of the environment is key to preserving the right to life as a constitutionally recognized value under Article 21 of the Constitution. Proper structures for environmental decision making find expression in the guarantee against arbitrary action and 125 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
the affirmative duty of fair treatment under Article 14 of the Constitution."
49. In its first global report on environmental rule of law in January 2019, the United Nations Environment Programme ("UNEP") has presciently stated:
"If human society is to stay within the bounds of critical ecological thresholds, it is imperative that environmental laws are widely understood, respected, and enforced and the benefits of environmental protection are enjoyed by people and the planet. Environmental rule of law offers a framework for addressing the gap between environmental laws on the books and in practice and is key to achieving the Sustainable Development Goals.
Successful implementation of environmental law depends on the ability to quickly and efficiently resolve environmental disputes and punish environmental violations. Providing environmental adjudicators and enforcers with the tools that allow them to respond to environmental matters flexibly, transparently, and meaningfully is a critical building block of environmental rule of law."
50. The need to adjudicate disputes over environmental harm within a rule of law framework is rooted in a principled commitment to ensure fidelity to the legal framework regulating environmental protection in a manner that transcends a case-by-case adjudication. Before this mode of analysis gained acceptance, we faced a situation in which, despite the existence of environmental legislation on the statute books, there was an absence of a set of overarching judicially recognized principles that could inform environmental adjudication in a manner that was stable, certain and predictable. In an article in the Asia-Pacific Journal of 126 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. Environmental Law (2014), Bruce Pardy describes this conundrum in the following terms:
"Environmental regulations and standards typically identify specific limits or prohibitions on detrimental activities or substances. They are created to reflect the principles and prohibitions contained in the statute under which they are promulgated. However, where the contents of the statute are themselves indeterminate, there is no concrete rule or set of criteria to apply to formulate the standards. Their development can therefore be highly political and potentially arbitrary.
Instead of serving to protect citizens' environmental welfare, an indeterminate environmental law facilitates a utilitarian calculus that allows diffuse interests to be placed aside when they are judged to be less valuable than competing considerations."
51. However, even while using the framework of an environmental rule of law, the difficulty we face is this - when adjudicating bodies are called on to adjudicate on environmental infractions, the precise harm that has taken place is often not susceptible to concrete quantification. While the framework provides valuable guidance in relation to the principles to be kept in mind while adjudicating upon environmental disputes, it does not provide clear pathways to determine the harm caused in multifarious factual situations that fall for judicial consideration. The determination of such harm requires access to scientific data which is often times difficult to come by in individual situations.
52. In an article in the Georgetown Environmental Law Review (2020), Arnold Kreilhuber and Angela Kariuki explain the manner in which the environmental rule of law seeks to resolve this imbroglio:
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"One of the main distinctions between environmental rule of law and other areas of law is the need to make decisions to protect human health and the environment in the face of uncertainty and data gaps. Instead of being paralyzed into inaction, careful documentation of the state of knowledge and uncertainties allows the regulated community, stakeholders, and other institutions to more fully understand why certain decisions were made."
The point, therefore, is simply this - the environmental rule of law calls on us, as judges, to marshal the knowledge emerging from the record, limited though it may sometimes be, to respond in a stern and decisive fashion to violations of environmental law. We cannot be stupefied into inaction by not having access to complete details about the manner in which an environmental law violation has occurred or its full implications. Instead, the framework, acknowledging the imperfect world that we inhabit, provides a roadmap to deal with environmental law.
53. In a recent decision of the Court in Bengaluru Development Authority vs Sudhakar Hegde 2020 SCC online SC 328, the Hon'ble Supreme Court held:
"107. The adversarial system is, by its nature, rights based. In the quest for justice, it is not uncommon to postulate a winning side and a losing side. In matters of the environment and development however, there is no trade-off between the two. The protection of the environment is an inherent component of development and growth...
"108. Professor Corker draws attention to the idea that the environmental protection goes beyond lawsuits. Where the state and statutory bodies fail in their duty to comply with 128 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
the regulatory framework for the protection of the environment, the courts, acting on actions brought by public spirited individuals are called to invalidate such actions...
"109. The protection of the environment is premised not only on the active role of courts, but also on robust institutional frameworks within which every stakeholder complies with its duty to ensure sustainable development. A framework of environmental governance committed to the rule of law requires a regime which has effective, accountable and transparent institutions. Equally important is responsive, inclusive, participatory and representative decision making. Environmental governance is founded on the rule of law and emerges from the values of our Constitution. Where the health of the environment is key to preserving the right to life as a constitutionally recognized value under Article 21 of the Constitution, proper structures for environmental decision making find expression in the guarantee against arbitrary action and the affirmative duty of fair treatment under Article 14 of the Constitution. Sustainable development is premised not merely on the redressal of the failure of democratic institutions in the protection of the environment, but ensuring that such failures do not take place."
54. It cannot be disputed that no development is possible without some adverse effect on the ecology and environment, and the projects of public utility cannot be abandoned and it is necessary to adjust the interest of the people as well as the necessity to maintain the environment. A balance has to be struck between the two interests. Where the commercial venture or enterprise would bring in results which are far more useful for the people, difficulty of a small number of people has to be bypassed. The comparative hardships have to be balanced and the convenience and 129 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors. benefit to a larger section of the people has to get primacy over comparatively lesser hardship.
This indicates that while applying the concept of "sustainable development" one has to keep in mind the "principle of proportionality"
based on the concept of balance. It is an exercise in which we have to balance the priorities of development on one hand and environmental protection on the other hand.
55. In view of the above discussion and records, the prayer and the relief as quoted in clause-A for quashing and setting aside the order of MoEF&CC dated 21.12.2023 is dismissed. For rest of the relief we direct the respondents to follow following guidelines :-
i. The rail line from the rest of the area which is remaining to be completed which is reported to be 18 km. from Dallirajhara to Rowghat must be completed within a time frame.
ii. The speed limit for vehicles used for transportation of minerals is fixed at 40 km/hr.
iii. The upper speed limit is applicable to the trucks registered with department irrespective of the facts whether it is involved in transportation of minerals or is driven for any other purpose. The speed limit shall be applicable to all such registered vehicles throughout the State and throughout the year so that confidence is reposed in the citizen that such vehicles shall not endanger the lives of other commuters on road. The software with the help of VTS device fitted on transportation vehicles shall 130 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
automatically debar all the trucks found to be exceeding the speed limit.
iv. If in exigency situation if the truck exceeds limit beyond 40 km/hr. upto 50 km/hr., it shall not be treated as wilful violation of the speed limit. For this purpose any increase in speed of vehicle above 40 km/hr. up to 60 second at a time shall be presumed to be such exigency and shall not be treated as wilful violation of speed limit.
v. The list of violators shall be displayed on the website in the late evening of the same day or on next day.
vi. It shall be the duty of the Leaseholder/Trader/end User, Transportation Contractors etc. not to employ such debarred vehicles' for any activities concerning Major Minerals like using such vehicles for internal movements within lease or jetty or storage points.
vii. If the debarred vehicle is used for transportation of the minor during when it was debarred, such vehicle may be made liable for exorbitant fines' so also person who employed such vehicles. Since debarring of trucks is done by use of software, the Social Status, Political Status or Economical Status either of the truck owner or driver shall not influence either monitoring or process of debarring trucks.
viii. The registration of vehicles with the department is voluntary, as such once registered with the department, the owner and driver of the truck or machinery shall be governed by provisions of the MMDR Act, 1957 and rules 131 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
made therein, so also administrative instructions issued by Department from time to time.
ix. The department shall monitor all the vehicles registered with it throughout the year, as such VTS device of all the vehicles registered with department shall be active throughout the year irrespective of the fact whether it is mining season or otherwise.
x. The choice of vehicles to be used for transportation concerning the particular lease holder, traders or end users shall be exclusively left to the choice of lease holders, traders or end users. As such mere registration of vehicle with department shall not give any rights to any of the vehicle owner to get business of transportation as a matter of right from the department/lease holder, end user etc. xi. The time for transportation of minerals though starts from 6 a.m. to 10 p.m. the same may be modified from time to time at different locations' taking into accounts the usage of infrastructure facilities by members of public, so also all school going children etc. xii. Proper care shall be taken by the owner and driver of the vehicle to cover the minerals with turpentine etc. so that no wastage of mineral takes place at the same time dust pollution is avoided.
xiii. The trucks owners shall ensure that speedometer of vehicles are in good condition so as to enable the driver to 132 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
control the speed of the vehicle and drive within the speed limit.
xiv. When any violation shall be noticed, the message of debarring of the truck shall be sent to all the owners/drivers on mobile numbers provided by them to department for over speeding. The duration for which they are debarred shall be intimated by auto generated SMS and when such message is received, it shall be the duty of such owner/driver not to use vehicle for any mining related activity during such period, any wilful defines of such instruction shall be solely attributed to such owner/driver and employing of such debarred vehicle shall be liable for further grievous action both monitory and otherwise.
xv. In case when vehicle registered with the department meets with an accident, it shall be presumed to be at fault and strict action shall be initiated against such vehicle. It shall be the duty of the vehicle owner to prove his innocence.
xvi. The Project Authority shall adopt Best Mining Practice for the given mining conditions. In the mining area, adequate number of check dams, retaining walls/structures, garland drains and settling ponds should be provided to arrest the wash-off with rain water in catchment area.
xvii. Where ever blasting is undertaken as part of mining /iron ore activity, the Project Authority shall carry out vibration studies well before approaching any such habitats or other buildings to evaluate the zone of influence and impact of blasting on the neighbourhood. Within 500 meters of such sites vulnerable to blasting vibrations, avoidance of use of 133 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
explosives and adoption of alternative means of mineral extraction, such as ripper/dozer combination/rock breakers/surface miners etc. should be seriously considered and practiced wherever practicable. A provision for monitoring of each blast should be made so that the impact of blasting on nearby habitation and dwelling units could be ascertained. The covenant of lease deed under Rule 31 of MCR 1960 provides that no mining operations shall be carried out within 50 meters of public works such as public roads and buildings or inhabited sites except with the prior permission from the Competent Authority.
xviii. Main haulage road in the mine should be provided with permanent water sprinklers and other roads should be regularly wetted with water tankers fitted with sprinklers. Crusher and material transfer points should invariably be provided with Bag filters and or dry fogging system. Belt- conveyors should be fully covered to avoid air borne dust. Plantation of suitable broad leaved indigenous tree species should be undertaken for the control of Air Pollution associated with vehicular movements."
xix. The Project Authority shall ensure that the productivity of agricultural crops is not affected due to operations. Crop Liability Insurance Policy has to be taken by the PP as a precaution to compensate for any crop loss. The impact zone shall be 5km from the boundary of mine lease area for such insurance policy. In case, several mines are located in a cluster, the Associations of owners of the cluster mines, formed inter-alia, to sub-serve such an objective, shall take responsibility for securing such Crop Liability Policy.
xx. As CSR activities by Companies including the Mining /iron ore transportation Establishments has become mandatory 134 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.
up to 2% of their financial turn-over, Socio Economic Development of the neighborhood Habitats could also be planned and executed by the PPs more systematically based on the 'Need based door to door survey' by established Social Institutes/Workers on the lines as required under TOR. "R&R Plan/compensation details for the Project Affected People (PAP) should be furnished. While preparing the R&R Plan, the relevant State/National Rehabilitation & Resettlement Policy should be kept in view. In respect of SCs/STs and other weaker sections of the society in the study area, a need based sample survey, family-wise, should be undertaken to assess their requirements, and action programmes prepared and submitted accordingly, integrating the sectoral programmes of line departments of the State Government.
56. The State PCB shall as far as possible install pollution monitoring device of the nature that may upload information/data to the server of the State PCB and the DMG in real time to enable the departments to monitor the air quality along the designated route in real time and to arrest the movement of trucks, if required, to bring air pollution to within permissible norms.
57. With these observations Appeal No. 01/2024 stands disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 03rd September, 2024 Appeal No. 01/2024(CZ) PN 135 Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.