PRESENT: HonbleMr. Justice Raghuvendra S. Rathore(Judicial Member) Honble Dr.Satyawan Singh Garbyal (Expert Member) Reserved on: 8th February, 2019 Pronounced on: 15th February, 2019
1. Whether the judgment is allowed to be published on the net?
2. Whether the judgment is allowed to be published in the NGT Reporter? Dr. S.S. GARBYAL, (EXPERT MEMBER)
1. In this Original Application, the applicant is seeking direction against Respondent No. 1 Project Proponent for carrying out open coast coal mining in Jayashankar Bhupalpally, District of Telangana in violation of the conditions stipulated in the EC, which is affecting the integrity of the water bodies, agriculture land and causing huge Air, Noise Pollution. The buffer area of the mine is said to be the catchment of Maneru River which is a tributary of River Godavari. The Applicant has alleged that the Project Proponent is conducting blasting close to the habitation and causing damage to the houses in the nearby villages. The people are said to be facing following environmental difficulties:- Gases are being released from mines. People are getting lung diseases due to air pollution. People are dying due to respiratory diseases. Opencast mines are not filled and waste mud is dumped near villages. Depletion of ground water/ground water pollution. Drying bore wells, open wells. Damaging natural streams. The Applicant has alleged that the Project Proponent has been violating the EC condition and not taking precautions with regard to blasting and transportation of muck in uncovered trucks.
2. In view of the facts and circumstances enumerated, the applicant has mainly prayed to:- (a) Direct the Respondent Authorities to ensure that no mining activities within the District of Jayashankar Bhupalpally is being carried on in violations of the conditions enumerated in the Environment Clearance granted; and (b) Direct the concerned Respondent Authorities to ensure that the conditions enumerated in the Environmental Clearance is being strictly adhered to by the Project Proponent; (c) Direct the concerned Respondent Authorities to take appropriate legal action against Project Proponent, which is found to be violating the conditions enumerated in the environmental Clearance and also the prevalent Environmental Laws, and report the same to the Honble Tribunal; (d) Direct the project proponent to ensure clean drinking water to the project affected persons living in buffer zone/affected zone. (e) Direct the Project proponent to provide health facilities to affected people who are facing respiratory disorders due to pollution; (f) Direction the project proponent to restore the natural streams damaged in the project area;
3. It has been submitted that the Ministry of Environment & Forest (MoEF) had granted EC on 26.10.2016 to the Respondent No. 1 Singareni Collieries Company Ltd. for Kakatiya Khani Opencast 2(KTK OC-2) Coal Mining Project of 1.25 MTPA (Normative)/ 1.50 MTPA (Peak) in ML area of 668.23 ha. of M/s The Singareni Collieries Company Ltd. in District Warangal, Telangana. Some of the specific conditions of EC are as follows:-
(iii) Continuous monitoring of health particularly related to respiratory diseases to be ensured.
(vi) There should be controlled blasting.
(viii) PP informed that they will acquire surface land up to 500 m from mine boundary.
(x) Efforts shall be made to explore the availability of mechanically covered trucks.
(xv) Mine water should be treated for discharge into the lagoon. The quality of lagoon water shall be regularly monitored and mitigation measures taken.
(xx) People working in the core area should be periodically tested for the lung diseases and the cost to be met by PP.
(xxxii) The proponent should prepare restoration and reclamation plan for the degraded area. The land be used in a productive and sustainable manner. (xxxiii) Compensatory Ecological Restoration of waste land, other degraded land and OB dumps in lieu of breaking open the land be carried out.
4. And some of general conditions of EC are:-
(iii) Four ambient air quality monitoring stations shall be established in the core zone as well as in the buffer zone for PM10, PM2.5, SO2 and NOX monitoring. Location of the stations shall be decided based on the meteorological data, topographical features and environmentally and ecologically sensitive targets in consultation with the State Pollution Control Board and Central Pollution Control Board. Monitoring of heavy metals such as Hg, As, Ni, Cd, Cr, etc. carried out at least once in six months.
(iv) Data on ambient air quality (PM10, PM2.5, SO2 and NOX) and heavy metals such as Hg, As, Ni, Cd, Cr, and other monitoring data shall be regularly submitted to the Ministry including its concerned Regional Office and to the State Pollution Control Board and the Central Pollution Control Board once in six months. Random verification of samples through analysis from independent laboratories recognised under the EPA Rules, 1986 shall be furnished as part of compliance report.
(v) Adequate measures shall be taken for control of noise levels below 85 DBA in the work environment. Workers engaged in blasting and drilling operations, operations of HEMM, etc shall be provided with ear plugs/muffs.
(vii) Vehicular emissions shall be kept under control and regularly monitored. Vehicles used for transporting the mineral shall be covered with tarpaulins and optimally loaded.
(x) Occupational health surveillance programme of the workers shall be undertaken periodically to observe any contractions due to exposure to dust and to take corrective measures, if needed and records maintained thereof. The quality of environment due to outsourcing and the health and safety issues of the outsourced manpower should be addressed by the company while outsourcing.
(xvii) The PP shall submit six monthly compliance reports on status of compliance of the stipulated EC conditions (both in hard copy and in e-mail) to the respective Regional Office of the Ministry, Respective Zonal Office of CPCB and the SPCB.
5. The Telangana State Pollution Board in their affidavit filed on 21.05.2018 have stated as follows:-
7. The Respondent Board conducted effluent sampling at Sewage Treatment Plants located at Krishna Colony and Subhash Colony on 14.07.2017. The values as stated in the analysis reports are meeting the Inland Surface Water and Land Irrigation standards, as per the Schedule-VI of the Environment (Protection) Rules, 1986. True copies of the analysis reports are annexed herewith as Annexure R-5/3 (colly). Further, the Project Proponent submitted the report on water levels during winter season- 2017. True copy of the report dated 08.03.2018 is annexed herewith as Annexure R-5/4.
8. The Project Proponent assigned the study of the blasting operations at KTK-OC-2 Suratkal, NIT, Karnataka. As per the report, the blasting operations carried out in KTK-OC- II, do not have any impact on the stability of structures / houses in nearby Akudariwada / Fakirgadda Village. Further, as per the report the industry has maintained OB bench of more than 500 mts. away from human habitation. True copy of the excerpts from the report dated 01.02.2018 is annexed herewith as Annexure R-5/5.
9. The Project Proponent assigned post project environmental monitoring in the mining area to Environment Protection Training and Research Institute (EPTRI), which prepared a report for September-November, 2017 quarter. The Project Proponent is monitoring the ambient air quality in association with EPTRI, Hyderabad. As per the report the Ambient Air Quality Monitoring (AAQM) was done at 26 locations, in the 10 km radius of mine area. Out of 26 locations, 8 locations were in the core zone (inside the mining lease area) and 18 locations were in the buffer zone (outside the mining lease area). It is stated in the report that the PM10 values in core zone are below
250 mg/m3 (coal mines standards, GSR 742(E), dated 25.09.2000) and PM10 & PM2.5 values in the buffer zone are within the NAAQM standards. True copy of the EPTRI report dated February, 2018 is annexed herewith as Annexure R-5/6.
10. On 03.04.2018 and on 18.04.2018, the Board officials inspected the area. Sri Ramkumar, Environment Division, representative of the industry was present during the inspection. Following observations were made by the Board officials during the inspection:
i. The industry was carrying out removal of top soil and dumping in KTK OC-1 mined pits.
ii. The industry has just reached coal reserve depth on 22nd Feb, 2018.
iii. The industry was carrying out water sprinkling on the haul roads through water tankers to control fugitive emissions.
iv. The project (KTK-OC-2) is a mechanized opencast mining project with shovel and dumper combination for exploitation of 17. 00 MT of coal reserves by removing 227.99 m.cu.m. of overburden. The project planned for 1.5 MTPA has life of 15 years.
v. The industry was transporting the coal in vehicles covered with tarpaulins and optimally loaded.
vi. The industry has taken up plantation in an area of 814 ha. Further, it laid a new black top road along the mine boundary of KTK OC-II for coal transportation.
11. It is further submitted that Ambient Air Quality was monitored by the Board on 17- 18.04.2018 at 6 locations for 24 hours period on 8 hourly basis. True copies of the report for inspection as well as the AAQM reports as annexed herewith as Annexure R-5/7.
6. Consent for Establishment (CFE) was granted on 02.02.2017 and Consent for Operation (CFO) was granted by the Respondent Pollution Control Board on 31.01.2018. The CFE was granted with 22 different conditions and condition No. 6 being as follows:-
6. Industry shall implement air pollution mitigation measures as proposed in the EMP. Drilling: Wet drilling mechanism to be adopted. Blasting Blasting in opencast mines to be conducted during favourable weather conditions using NONELs with proper design of blast hole geometry & optimum quantity of explosives. Use of delay detonators shall be adopted in underground mines in order to reduce ground vibrations. Blast site shall be wetted before and after blasting. HEMM: Regular maintenance of all diesel operated HEMMs to be done as per the manufacturers schedule for effective control of exhaust emissions. Haul Roads All the service roads to be metalled and well maintained. All the haul roads and service roads to be regularly sprayed with water. Plantation to be done alongside the haul and service roads Over Burden Completed dumps to be subjected to technical and biological reclamation. Plantation to be done on OB dumps to ensure stability of slopes and prevention of dust generation. Coal Handling Crushers and belt conveyors to be enclosed and mist spray arrangement installed at all receiving points, transfer points, ground level bunkers and loading points. Plantation to be done around the Coal Handling Plant (CHP) Coal Transport Wherever feasible, transportation outside the ML area will be by rail/ conveyor system The width of transportation road to be designed in such a way that no vehicle shall ply on the unpaved road. Coal Transport trucks to be optimally loaded and covered with tarpaulin for preventing spillage.
7. And some of the conditions stipulated in CFO dated 31.01.2018 are as follows:-
4. The industry should comply with the ambient air quality standards of PM10 (Particulate Matter size less than 10 um) 100ug/ m3, PM2.5 (Particulate Matter size less than 2.5 um)- 60ug/ m3; SO2 -80ug/m3; NOx- 80 ug/m3, outside the mine premises at the periphery of the mine.
5. Standards of other parameters as mentioned in the National Ambient Air Quality Standards CPCB Notification No. B- 29016/20/90/PC-I, dated 18.11.2009.
(i) Noise Levels: Day time (6 AM to 10 PM) 75 dB (A)
(ii) Night time (10 PM to 6 AM) 70 dB (A)
7. The industry shall maintain the water spraying system properly by adopting preventive maintenance schedule to avoid fugitive dust emissions.
8. The industry shall carryout water spraying on haul roads to avoid fugitive dust emissions due to vehicular movement. The industry shall provide permanent water sprinkling system along the haul roads.
9. The Industry shall fully cover the coal transport vehicles with tarpaulin sheets to avoid fugitive dust emissions.
11. The industry shall develop greenbelt with tall growing trees along the boundary and maintain greenbelt as per norms.
12. The industry shall take effective measures such as covering coal transport vehicles with tarpaulins, mechanical sweeping of roads, etc to avoid fugitive emissions.
17. The industry should reuse the treated effluents generated from workshop for dust separation and for raising plantation.
18. Blasting should be sequential in such a manner to achieve minimum vibration.
8. The MoEF in their reply filed on 08.08.2018 gave the site inspection monitoring report conducted by the Regional Office of the MoEF at Chennai on 02.08.2018. The site inspection report contains following observations.
i. PA commenced their Mining operation reportedly on 01.09.2017 without obtaining CFO and continued till 30.01.2018. Subsequently, CFO has been obtained from the TSPCB vide order No. 180421076674 dated 31.01.2018, which is valid till 30.11.2022 General condition No. (i) & Para No. 6 of EC.
ii. PA has diverted existing seasonal nala No. 1 passing through mining lease area, which mutually inconsistent with the stipulated specific condition No. (xiv), wherein it is stipulated, there shall not be alteration in the alignment of nala.
iii. Project Proponent has not acquired surface land up to 500 m from mine boundary. It appears PA vide letter dated 04.01.2018 requested MoEF&CC, New Delhi to amendment this condition - specific condition No.. (viii).
iv. Though effective water spraying arrangement are being in use at CHP/ Crushers, high efficiency bag filters have not been provided as stipulated. If any modification required in
v. The Installation of Pollution control devises, necessary amendment in the condition shall be obtained from the MoEF & CC Specific condition No. (xxvii).
vi. It appears from the issues raised during the public hearing meeting that there is a delay in the implementation of R&R policy Specific condition No. (xii).
vii. Neither installed continuous AAQ monitored station nor linked with the server of TSPCB as stipulated at Sl. No. 10 of Schedule B in the CFO. Monitored data of environmental quality parameters have not been displayed at the entrance of the project premises and mine office as stipulated general condition No.
(iii), (iv) (xvi).
viii. It appears that at the time of blasting, (momentary air born impulse) noise level reaches to the nearby adjoining villages, since the three tier plantation undertaken by the project authority is in initial stage of growth general condition no. (v).
ix. The project Authority in Co-ordination with implementing authorities shall effectively implement the commitments made during the public hearing especially on the following points (i) Land losers employment case, (ii) Compensation of 120 Ha. land and (iii) Compensation of toddy tapers Para No. 6 of Condition stipulated at specific condition No.
(xxii), (xxiii) and (xiv) shall be amended from the MoEF &CC, since there is no river flow near or adjacent to the Mine lease area.
9. Subsequently, when this Application came up before this Tribunal on 03.10.2018, we directed as under; Learned Counsel appearing for Project Proponent is directed to comply with the specific condition No. 8 and the recommendations of MoEF. List this matter on 24th October, 2018. The Regional Office of MoEF shall send a report in this regard before the next date. It is relevant to mention here that the Specific Condition No. 8 of EC states as under:-
(viii) PP informed that they will acquire surface land up to 500 m. from the mine boundary.
10. The MoEF in their affidavit filed on 23.10.2018 has submitted as follows:-
5. That the Regional Office (South Eastern Zone) of the Ministry of Environment, Forest and Climate Change at Chennai vide their letter No.EP/12.1/2016-2017/8/TE/1261/1669 dated 17th October, 2018 forwarded an Action Taken Report submitted by the PP on the observations of the Regional Office regarding of non-compliances of EC conditions, as reported in their inspection report dated 2nd August, 2018. That it was also submitted that PP seeks amendment of EC condition on KTK OC-II basis on the DGMS permission to conduct blasting operations with controlled blasting technique within the danger zone of 500m. A copy of the letter dated 17th October, 2018 along with its annexure, is marked and enclosed herewith as Annexure-A. 6.That the Project Proponent (PP), vide their letter no. CRP/ENV/A/468/557 dated 10th October, 2018 along with online application No. IA/TG/CMIN/27136/2015 submitted a proposal seeking amendment in Environment Clearance dated 26th October, 2016 for exempting the specific condition No. 8 of aforementioned Environmental Clearance. The said proposal of the PP would be placed before the sectoral Expert Appraisal Committee (EAC) constituted by the Ministry for Coal and Thermal sector in its meeting scheduled for 26th October, 2016 for its further examination. A copy of the letter dated 10th October, 2018 along with Form-1 of the online proposal, is marked and enclosed herewith as Annexure B.
11. The MoEF in their letter dated 24.12.2018 addressed to the General Manager, Environment The Singareni Collieries Company Ltd communicating their approval for amendment in the EC dated 26.10.2016 as recommended by the EAC, stated as follows:- The Proposal was considered by the Expert Appraisal Committee (EAC) in the Ministry for Thermal and Coal Mining Sector in its meeting held on 26th October, 2018. The EAC, after deliberations and in view of the permission granted by the Directorate General of Mines Safety (DGMS) vide their letter dated 9th May, 2018 to conduct blasting operations without the resettling the population living immediately outside the mine area (while maintaining adequate distance within mine area), has recommended for exemption from the said specific condition of the environmental clearance dated 26th October, 2016, subject to strict compliance of the conditions and other precautions as directed by DGMS. This is despite the fact that this Tribunal had directed the Project Proponent on 03.10.2018 to comply with the specific condition No. viii and the recommendation of MoEF.
12. It is rather strange that nowhere in their letter of approval of the amendment of EC condition No. viii dated 24.12.2018 the MoEF chose to mention the conditions specified by the Directorate General of Mines Safety in their approval dated 09.05.2018 with regard to blasting in the mine area. In other words, the Project Proponents have been given free hand to do blasting in the Mine area as they wished.
13. In view of the facts and circumstances stated above, we set aside the MoEFs approval of amendment of EC condition No. viii communicated on 24.12.2018. The Project Proponent is directed to comply with condition No. viii and until and unless this condition and other conditions of EC are complied with blasting will be prohibited in the mine area. Fresh Joint Inspection by CPCB and Telangana State Pollution Control Board will be conducted and Directorate General of Mines Safety shall also conduct inspection of this area to assess the impact and effect of the blasting done on the nearby villages.