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Citation Codes
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Case Number
Disposition

in part

Judges
  • Mr. Justice Adarsh Kumar Goel
  • Mr. Justice Sudhir Agarwal
  • Dr. Nagin Nanda
  • Dr. Afroz Ahmad
Acts
  • Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition

in part

Judges
  • Mr. Justice Adarsh Kumar Goel
  • Mr. Justice Sudhir Agarwal
  • Dr. Nagin Nanda
  • Dr. Afroz Ahmad
Acts
  • Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981
See more information ...
Smart Summary

Factual and Procedural Background

Multiple Original Applications (connected matters led by O.A. No. 226/2020 and several joined O.As.) were filed by villagers from the Rampura Agucha area (Hindustan Zinc Ltd. mine), Bhilwara District, Rajasthan, alleging environmental degradation arising from mining operations (open pit and subsequently underground) carried out by Hindustan Zinc Ltd. (the Project Proponent, "PP"). The complaints included heavy blasting, underground mining, contamination of drinking water sources, adverse health impacts (e.g., asthma, skin diseases), loss to agriculture and livestock, dust deposition, discharge of contaminated wastewater, and instances of pits/holes due to unplanned mining.

One application was initially heard on 18.08.2020. The Tribunal issued notice and directed an independent joint Committee (comprising the Collector, Bhilwara and the State Pollution Control Board as nodal agency) to inspect the area and assess environmental damage over the previous three years. The Committee conducted a site visit on 12.07.2021 and filed its report dated 07.09.2021. The PP filed a response to the report and the Central Pollution Control Board (CPCB) filed comments. The matter was heard on 02.02.2022 by the National Green Tribunal (Principal Bench), and the Tribunal considered the Committee report, the parties' submissions and documentary material in deciding remedial measures.

Legal Issues Presented

  1. Whether Hindustan Zinc Ltd. violated environmental norms, including specific conditions of the Environmental Clearance (EC) granted in 2009 and its amendments (notably obligations concerning plantation density and other compliance measures).
  2. Whether the Committee's findings and recommendations sufficiently addressed remedial measures and compensation for environmental damage to groundwater, soil, agriculture and health.
  3. Whether, in light of environmental principles such as the precautionary principle and the reverse burden of proof, remedial action and monetary compensation should be directed notwithstanding lack of absolute scientific certainty attributing all observed damage solely to the PP.
  4. What remedial and restorative measures (including monetary deposit, remediation plan and monitoring) are appropriate and proportionate, taking into account the PP's financial capacity and the extent of the alleged damage.

Arguments of the Parties

Applicants' Arguments

  • The PP caused extensive environmental damage including contamination and degradation of groundwater and soil, damage to wells and pits, loss of agricultural productivity, and adverse health impacts in several villages within about 10 km periphery of the mine.
  • The Committee erred in ignoring or downplaying certain violations and damage; its recommendations are inadequate to remedy the wrongs caused by the PP.
  • The precautionary principle and reverse burden of proof apply in environmental matters; scientific certainty is not a precondition for ordering remedial measures.
  • The PP continued groundwater extraction after expiry of the original permission (NOC dated 08.07.2013) and mere reliance on a later notification (24.09.2020) to claim deemed extension is not permissible for past extractions; M.C. Mehta (supra) requires assessment of groundwater availability before granting/renewing permission.
  • Mere recommendation of further studies or requiring deposit for plantation without fixing accountability for long-standing violations is inadequate; compensation and remediation must be directed given the PP’s large financial capacity and the vulnerability of victims (rural villagers and livestock).

Project Proponent's (PP) Arguments

  • The PP accepted the Committee's assessed monetary value for deficient plantation and agreed to deposit that amount and to carry out increased plantation as per EC conditions.
  • The PP undertook to perform the further studies proposed by the Committee (hydrogeological, isotopic analyses, etc.), de-siltation of drains, and increase water sprinklers to reduce fugitive dust emissions.
  • The PP denied responsibility for the alleged damage to environment, health, soil fertility or groundwater quality and argued that no further remedial action beyond compliance and studies is required.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647 Declaration and application of the precautionary principle in environmental law and related doctrines (environmental protection principles). The Tribunal held that the Committee failed to consider the precautionary principle as laid down in this case and in MV Nayudu; this omission supported the view that the Committee under-appreciated serious violations and damage, justifying stronger remedial action.
Mehta (M.V.) v. Union of India (MV Nayudu), (1999) 2 SCC 718 Reinforcement of environmental protection principles including precautionary approach and preventive measures (as cited alongside Vellore Citizens). Used by the Tribunal to critique the Committee's approach and to justify imposing remedial obligations on the PP despite lack of absolute scientific certainty linking every observed effect solely to the PP.
M.C. Mehta v. Union of India & Ors., (1997) 11 SCC 312 Requirement of assessment of groundwater availability before granting or renewing permissions for groundwater extraction (relevant to NOC/renewal issues). The Tribunal relied on this authority to reject the contention that deemed permission concepts could avoid the need for groundwater availability assessment; it supported applicants' argument that extraction post-expiry of permission raises concerns and that assessment cannot be bypassed.
M.C. Mehta v. Union of India, (1987) 1 SCC 395 Principles relating to remediation, restoration and compensation for environmental damage. The Tribunal invoked this decision (among others) as part of the legal basis for directing remedial action and compensation measures to address environmental harm and restoration of affected resources.
Sterlite Industries matter (Sterlite), (2013) 4 SCC 575 Principles regarding remedial action, environmental liability and compensation by polluters; considerations of proportionality and financial capacity of the polluter. The Tribunal referred to Sterlite as authority supporting the imposition of remediation and compensation obligations on the PP, taking into account the PP's financial capacity when deciding the amount and scope of remedial measures.
Goel Ganga (2018) 18 SCC 257 Principles on environmental remediation and compensation; illustrative authority for allocating liability and remedial responsibility to polluters. Applied as part of the legal framework for directing compensation and remediation measures against the PP for the environmental violations and damage identified.

Court's Reasoning and Analysis

The Tribunal undertook a sequential analysis:

  1. It reviewed the joint Committee's report (site visit on 12.07.2021; report dated 07.09.2021) that catalogued factual findings on statutory approvals, blasting operations, fugitive emissions, ambient air quality, water management, tailings and overburden management, green-belt/plantation status, groundwater monitoring data, agricultural production statistics and health records. The Committee recorded that the mine is largely complying with EC conditions but noted certain non-compliances (notably less dense plantation than EC condition, need for de-siltation of garland drains, need for dust control measures at crusher and haul roads, and additional sprinklers).
  2. The Tribunal considered applicants' submission that the Committee had not sufficiently applied the precautionary principle or the reverse burden of proof, had downplayed damage to groundwater, soil and livelihoods, and had erred in requiring definitive proof of causation by the PP before directing remediation and compensation.
  3. The Tribunal noted the PP's acceptance of certain committee findings (payment for deficient plantation and undertaking of recommended studies/mitigation) but also the PP's denial of responsibility for broader environmental damage.
  4. On legal principles, the Tribunal held that the Committee failed to take into account the precautionary principle and relevant Supreme Court precedents (Vellore Citizens, MV Nayudu) and therefore under-appreciated or ignored serious violations and damage to water and land. The Tribunal emphasized that environmental issues often require measures even in the absence of absolute scientific certainty and that a reverse burden may apply to require the PP to demonstrate benign effects.
  5. Given the factual findings (e.g., elevated chloride, TDS, hardness and sulphate in various groundwater samples collected by government agencies and on-site sampling; observed pits and damaged wells; continued deficiency in plantation density contrary to EC; persistence of certain non-compliances) and taking into account the PP's substantial financial capacity (figures stated in the record for annual turnover/revenue), the Tribunal concluded that remedial action and compensation were warranted beyond the Committee's limited recommendations.
  6. Therefore, balancing the Committee's recommendations, applicants' concerns, the PP's limited concessions, and the legal principles on remediation and environmental liability (including the precedents cited), the Tribunal concluded that a monetary deposit to fund remediation was appropriate and crafted a supervisory mechanism for implementation.
  7. The Tribunal specified the composition of the joint Committee to prepare and supervise a restoration plan (CPCB, State PCB, District Magistrate, Bhilwada, with expert assistance as needed), designated State PCB as nodal agency, required usage and monitoring of funds, provided for public awareness involvement, allowed the PP liberty to execute works subject to approval of the joint Committee, and set timelines for reporting and execution (deposit within three months; execution of plan within one year; status report as on 31.03.2023 to be filed by 30.04.2023).

Holding and Implications

Holding:

The Tribunal directed the Project Proponent (Hindustan Zinc Ltd.) to deposit Rs. 25 crore with the District Magistrate, Bhilwada within three months to meet the cost of remediation measures; all connected applications stood disposed of subject to implementation of the remedial plan and monitoring.

Implications and immediate consequences (as ordered in the opinion):

  • A joint Committee comprising CPCB, State PCB and District Magistrate, Bhilwada (with assistance from any other experts) shall prepare a restoration plan for remediating soil and groundwater quality, and undertake health improvement programmes for residents and cattle.
  • The restoration plan and its execution will be publicly visible: actions taken are to be placed on the District Magistrate's website and execution will be duly monitored; State PCB is the nodal agency.
  • The amount deposited (Rs. 25 crore) shall be utilized for executing the restoration plan within one year, associating stakeholders including the PP and civil society; if the deposited amount is found deficient, the Tribunal may consider further directions.
  • The PP has the liberty to execute the remediation/rehabilitation works itself or through another agency if the joint Committee so finds appropriate.
  • The joint Committee must file a compliance/status report as of 31.03.2023 before the Tribunal, to be submitted by e-mail by 30.04.2023 (in searchable/OCR PDF, not image PDFs).
  • The Tribunal applied established Supreme Court precedents on precautionary approach and environmental remediation and compensation (cited in the order) to justify imposition of remediation obligations and monetary deposit; the order is an application of existing legal principles to the facts rather than a declaration of a new legal precedent.

Order dated: February 02, 2022. Bench: Hon'ble Mr. Justice Adarsh Kumar Goel (Chairperson), Hon'ble Mr. Justice Sudhir Agarwal (Judicial Member), Hon'ble Dr. Nagin Nanda and Hon'ble Dr. Afroz Ahmad (Expert Members).

Show full summary ...

    OM PURI & ORS v. HINDUSTAN ZINC LTD.

    Item Nos. 01 to15 (Court No. 1)

    BEFORE THE NATIONAL GREEN TRIBUNAL

    PRINCIPAL BENCH, NEW DELHI

    (By Video Conferencing) Original Application No. 226/2020 (Earlier O.A.68/2020 (CZ)) Om Puri Applicant

    Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 151/2021 (Earlier O.A.49/2020 (CZ)) Karma Devi Applicant

    Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 152/2021 (Earlier O.A.50/2020 (CZ)) Gopali Devi Applicant

    Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 153/2021 (Earlier O.A.51/2020 (CZ))

    1

    Sushila Devi Applicant Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 154/2021 (Earlier O.A.52/2020 (CZ)) Ladu Ram Mali Applicant Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 155/2021 (Earlier O.A.53/2020 (CZ)) Jagdish Puri Goswami Applicant Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 156/2021 (Earlier O.A.54/2020 (CZ)) Mohd. Islam Applicant

    Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 157/2021 (Earlier O.A.55/2020 (CZ))

    2

    Dinesh Kumavat Applicant Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 158/2021 (Earlier O.A.56/2020 (CZ)) Suresh Kumar Lohar Applicant Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 159/2021 (Earlier O.A.57/2020 (CZ)) Prem Kumar Mali Applicant Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 160/2021 (Earlier O.A.58/2020 (CZ)) Kanchan Devi Applicant

    Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 161/2021 (Earlier O.A.59/2020 (CZ)) Satyanarayan Daroga Applicant Versus

    3

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 162/2021 (Earlier O.A.60/2020 (CZ)) Gheesu Bheel Applicant

    Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 163/2021 (Earlier O.A.62/2020 (CZ)) Gheesalal Raigar Applicant Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s)

    WITH

    Original Application No. 164/2021 (Earlier O.A.69/2020 (CZ)) Shobhag Applicant

    Versus

    Hindustan Zinc Ltd. & Ors. Respondent(s) Date of hearing: 02.02.2022

    CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON'BLE DR. NAGIN NANDA, EXPERT MEMBER

    HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

    Applicant: Mr. Dharamveer Sharma, Advocate

    4

    Respondent: Mr. Krishnan Venugopal, Senior Advocate with Mr. U.N. Tiwary Advocate for R-1

    Dr. Sapna Aggarwal, Advocate for MoEF&CC

    Mr. Rohit Sharma, Advocate for RSPCB

    ORDER

    1. These applications have been filed with a grievance of violation of environmental norms by Hindustan Zinc Ltd., Udaipur, Rajasthan in executing mining lease of Lead, Zinc and associated minerals at villages Agucha, Rampura, etc., Tehsil Hurd, District Bhilwada, Rajasthan covering nearly an area about 1200 hectares of mining land. In the course of such mining, residents of the said villages are adversely affected on account of degradation of environment. There is heavy blasting and underground mining operations resulting in contamination of source of drinking of water, resulting in various diseases like Asthma and skin borne diseases. Live stocks are also affected. Dust and stones get accumulated close to the agricultural land and houses of the inhabitants. Toxic and contaminated waste water is discharged from the mines. The area is 'over exploited' in terms of the ground water, notified as such by the CGWB. There are mammoth holes at many places because of unplanned underground mining. The applicant has relied upon photographs filed with the application.

    2. One of the applications was first taken up for hearing on 18.08.2020. The Tribunal issued notice and also sought an independent report from a

    5

    joint Committee comprising Collector, Bhilwada and the State PCB, the State PCB being the nodal agency. Vide order dated 05.02.2021, the Tribunal dealt with I.A. Nos. 94-95 of 2020 filed by the Project Proponent (PP) to recall the direction for seeking a report from an independent Committee. The Tribunal modified the constitution of the Committee directed the Committee to undertake the visit of the affected area and assess the extent of damage to the environment in the last three years. Copy of the report of the Committee was directed to be furnished to the PP for its response and also comments on such response by the CPCB were required to be filed. All connected matters were directed to be tagged for hearing together.

    3. Accordingly, the Committee has filed its report dated 07.09.2021 to which the PP has filed response and CPCB has also filed comments on the said response. According to the report, the Committee visited the site on 12.07.2021 and interacted with the stake holders. The Committee examined the mining processes of the PP and status of compliance in terms of Environmental Condition (EC)/Consent Conditions. The Committee has made observations about the status of water quality, loss to the agriculture and livestock, status of ground water and health of the villagers and made certain recommendations. It would be appropriate to extract relevant parts of the reports with a view to consider the order to be passed:-

    6

    "1. Background of M/s Hindustan Zinc Ltd, Rampura Agucha mine

    The mine lease no. 8/99 has area of 1200Ha; out of which 1048Ha land is acquired by the unit. The GPS co-ordinates of mine lease pillars are (Pillar - A (25.819494, 74.737589); Pillar - B (25.838942, 74.71675); Pillar-C (25.864086, 74.745408) & Pillar-D (25.844633, 74.766247)). The mine lease is for 50years that expires on 12th March 2030. The first Environmental Clearance of 0.9MTPA for Pb & Zn mining was obtained on 19.4.1983. The development of the Rampura Agucha (RA) mine was started in 1989 and commissioned its operation in 1991 as an open pit mine. The Mine excavates and produces Lead and Zinc ores by mining and Lead and Zinc concentrate by mineral processing operations. The mining and mineral processing operations include blasting, transportation, crushing, grinding, screening and ore beneficiation (flotation, thickening, and pressure filtration). The present capacity as per the Environmental Clearance (EC) dated 11th December 2009 is 6.15 million metric tons per annum (MMTPA) of ore production and 6.5 MMTPA of ore beneficiation plant (Four streams; each of 2.3MTPA, 1.5MTPA, 1.2MTPA & 1.5MTPA capacity) to produce zinc and lead concentrates. Further the EC was amended on 5.3.2012, 22.08.2014, 12.12.2014, 28.12.2015 & 28.02.2020.

    The open pit mine progressively ramped up to its capacity, before it ceased operation in March, 2018 after attaining its economic and safe ultimate pit depth of 400m below surface. Beyond 400m depth, underground mining was considered as the best suitable option in sustaining production from this mine.

    The Rampura Agucha (RA) Mine underground development activities commenced in year 2010 and production started from Oct-2012 onwards. RA underground mine operated concurrently with the open pit mine between year 2012 and 2018, till the completion of open pit mine life. Thereafter, RA mine completely transitioned into underground operation and presently continued.

    During mining and beneficiation of ores, large quantity of overburden (OB) and tailings are generated. The present quantity of OB generated is about 2.0 million metric tonnes per annum (MMTPA) which is presently stacked within the mine lease boundary. The height of OB dump varies from 20 m to 140 m at present. The quantity of Tailing generated is about 5 million metric tonnes per annum (MMTPA). Part of

    7

    tailing quantity approx. 40-50% from processing plant are converted to paste form along with suitable binder to back fill underground voids generated from production. Remaining part of tailing quantity are transported from beneficiation plants through closed pipelines to a confined area known as "Tailing Dam" which is located near to the ore beneficiation plant. The tailing dam is constructed with the mine over- burden and soil. The tailings in the slurry form are discharged to the tailing dam wherein the solids settled at the bottom of the tailing dam and the supernatant (water) is pumped back to the beneficiation plant for reuse.

    2. Factual status of the compliance norms

    Based on the discussion hold on 12th July 2021 with M/s Hindustan Zinc Ltd Rampura- Agucha mine officials on compliance status followed by field visit; the factual status of the specific conditions is as below:

    2.1 Statutory permissions

    i. The unit has valid Consent to Operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for Beneficiation for Lead Zinc Ore (6.5MMTPA) upto 28.02.2023. Copy enclosed as an Annexure-II.

    ii. The unit has valid Consent to Operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for Beneficiation for Lead Zinc Ore (6.5MMTPA) upto 28.02.2023. Copy enclosed as an Annexure-II.

    iii. The unit has valid Consent to Operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for Lead & Zinc ore mining (6.15MMTPA) upto 28.02.2023. Copy enclosed as an Annexure-III.

    iv. The unit has valid authorization under Hazardous and Other Waste (Management and Transboundary Movement) Rules, 2016 for upto 30.11.2024. Copy enclosed as an Annexure-III.

    v. The unit has obtained No Objection Certificate (NOC) for ground water extraction from radial well in Banas river from Central Ground Water Board vide letter dated 8.7.2013. Unit has applied for renewal vide letter dated

    8

    04.04.2018. Copy enclosed as an Annexure-IV. It is pertinent to mention that, as per the condition no. 11 (vi) of the notification no. S.O. 3289 (E) dated 24.9.2020 of Ministry of Jal Shakti (Central Ground Water Authority), the NOC shall be deemed to be extended till the date of renewal of NOC. The condition no. 11 (vi) states as :

    11.0 Renewal of No Objection Certificate

    vi. If the application for renewal is submitted in time and the CGWA/ the respective State/ Ut Authority is unable to process the application in time, No Objection Certificate shall be deemed to be extended till the date of renewal of No Objection Certificate.

    Copy of the notification is enclosed as an Annexure-V.

    2.2 Blasting operation

    Due to depletion of zinc ore reserves in 2018, which was approachable from the surface, the company has shifted its mining operation from surface mining to underground mining to extract further the deep seated ores. The underground blasting is done in a very controlled manner as it is a matter of safety of underground personnel and mine workings. The blast designs, drilling patterns and the quantities of the explosive used are approved by Directorate General of Mines Safety (DGMS) and optimized by CSIR-CIMFR, Dhanbad. Extreme care is to be taken so that its own mining tunnels (i.e., mine workings) do not get damaged due to blast vibrations (i.e., prevention of over-breaking) otherwise it may create unsafe conditions in underground. The blasting operation is carried out under supervision of expert agency. The company uses water resistant 'permitted' explosives like Power gel cartridges for blasting. Electronic micro-second delay detonators are used to further control the blast vibrations and maximizing ore outputs. Large diameter 'relief holes' (102mm) and 'uncharged holes' (45mm ) are kept to reduce further vibrations, during blasting in the mine. This technique minimizes the usage of explosives and increases output of ore per blast.

    As per the present Indian standards, as mentioned in DGMS (Tech) (S&T) Circular No. 7 dated 29th August of 1997 (Copy of

    9

    the circular is enclosed as an Annexure-VI), depending on the type of structures and dominant excitation, the peak particle velocity (PPV) on the ground adjacent to the structure shall not exceed the values is as tabulated below:

    Table no. 1 Permissible Peak Particle Velocity (PPV) at the foundation level of structures in Mining Areas in mm/s Dominant Excitation Frequency, Hz

    Type of Structures

    < 8 Hz 8 - 25 Hz > 25 Hz

    (A) Buildings/structures not belong to the owner

    Domestic houses /structures (Kuchha 5 10 15 brick and cement)

    Industrial buildings (RCC and framed 10 20 25 Ostbrujeccttusr eso)f historical importance and 2 5 10 sensitive Structures

    (B) Building belonging to owner with limited span of life

    Domestic houses /structures 10 15 25 (Kuchha brick and cement) Industrial buildings (RCC and framed 15 25 50 structures)

    The present Indian standard is a frequency based criterion. As the frequency of vibration increases the threshold value of damage also increases. Indian Standard also recommends minimum PPV value of

    5.0 mm/s for domestic houses which correspond to less than 8 Hz frequency. As the frequency increase above 8 Hz, the limiting PPV value enhances to 10 mm/s and 15 mm/s for frequency range 8- 25 Hz and greater than 25 Hz respectively.

    In present case, the safe permissible limit of peak particle velocity (PPV) for domestic houses and industrial building not belonging to mine management is 15 mm/s and 25 mm/s respectively, corresponding to >

    25 Hz frequency range as per the present DGMS criterion. The blast vibration data of underground mine provided for 23.10.2020 to 2.3.2021 is enclosed as an Annexure- VII. The 36 data set of vibration and associated explosive charge analysed and found that dominant frequency of the vibration induced is greater than 50 Hz. The PPV values provided by HZL unit shows that the majority of the PPV value is less than 5.0 mm/s. Therefore, blast induced ground vibration is found to be well within the safe limit for domestics houses as well as

    10

    industrial building. Following are the other observations on blasting practices.

    i. The unit has conducted subsidence study for increasing the depth of underground mine working from 1000mbgl to 1500mbgl in 2020 from Central Institute of Mining & Fuel Research (CIMFR). Subsidence due to blasting operations was not observed.

    ii. Blasting operation is carried out with various control measures as per DGMS guidelines to ensure safety.

    iii. Explosive charge weight per delay and total explosive charge in a blasting round is followed considering the minimization of blast vibration within stipulated standards for safety of nearby underground structures as well as surface residential/industrial structures.

    iv. The vibrations monitored are well within the prescribed limits by DGMS by use of permitted explosives, electronic detonators, relief holes, etc.

    v. Peak Particle velocity of blast vibration is being monitored for every blast & records are maintained, within DGMS limits.

    vi. Wet drilling system is adopted to reduce air borne dust particles.

    2.3 Fugitive emission management

    There are 03 crushers viz. Primary crusher-New (700TPH), Primary crusher-Old (700TPH) & secondary crusher (700TPH). To curtail the fugitive emission at various points following is provided:

    i. Adopted wet drilling operations.

    ii. Conditioning of ore is carried out during crushing. Mist water spraying system at ore crushing area followed by bag filter & adequate stack height.

    iii. The conveyor belt of ore mill plant & beneficiation ore plant are covered. Dust extraction system & water sprinkling

    11

    nozzles are installed on conveyor belts, transfer points & stockpiles.

    iv. Installed Semi-Autonomous-Grinding mills to eliminate dry secondary and tertiary Crushing.

    v. Water sprinkling is carried out by 04 nos. of 40KL water sprinkler on Haul roads of mine area.

    vi. The use of chemical wetting agents for dust suppression on haul roads.

    vii. Cleaning of industrial roads by truck mounted mechanical road sweepers

    Ambient air quality manual monitoring is carried out at 3 locations inside mine i.e. Mine Site, Mine Gate & Mine tower and 3 locations outside the mine area i.e. Agucha Village, Khotiya village and Bherukhera village twice monthly for SPM, PM10, PM2.5, SOx, NOx & CO. All the monitoring locations are meeting 24 hourly National Ambient Air Quality Standards, 2009. Monitoring reports since 2017 to 2020 is as tabulated below:

    12

    The available limited ambient air quality data for PM10 of last 03 years i.e. 2018 to 2020 compared with air quality data of year 2017 revealed that the Air Quality was stable with no incremental value in last 03 years in and around the surrounding villages i.e. Agucha, Kothiya & Bherukhera. Monitoring reports since 2017 to 2020 are enclosed as an Annexure-VIII.

    The monitoring reports of AAQM carried out by Rajasthan State Pollution Control Board during 2018 to 2020 also shows that all the location were meeting the 24 hourly NAAQS, 2009. Reports are enclosed as an Annexure-IX. The results are briefed as below.

    S. Sampling Location Date of monitoring PM10 (µg/m3) No.

    1. Main Gate of the Unit 06.08.2018 83

    25.11.2019 75

    28.12.2020 90

    2. Mine Pit of the Unit 06.08.2018 75

    28.12.2020 72

    3. Mine Tower of the Unit 06.08.2018 67

    13

    25.11.2019 93

    28.12.2020 92

    4. Agucha Village 25.11.2019 79

    5. Bherukhera Village 25.11.2019 91

    6. Kothiya Village 25.11.2019 84 Unit has installed 03 Continuous Ambient Air Quality Monitoring System (CAAQMS) of AEROQUAL AQM 65 Make; installed one in upwind and 02 in downwind direction. The Ambient Air Quality Monitoring is carried out for CO, NOx, SO2, PM2.5, PM10 & TSP. The location is as tabulated below:

    S. No. Location of CAAQMS GPS coordinates
    1 Orica site 25.830029, 74.731033
    2 Main Gate 25.839174, 74.727852
    3 Near Waste dump (100mtrs from dump) 25.840778, 74.755961

    2.4 Water management

    i. M/s HZL Rampura-Agucha mine has daily water requirement of 16198KLD. Out of which 8450KLD as fresh water is received from the radial well in Banas River. Central Ground Water Board has issued NOC for 11700KLD ground water extraction from existing Radial Well/Tubewell vide letter dated 8.7.2013. Unit has applied for renewal vide letter dated 4.4.2018.

    The water sources against the daily requirement are as below:

    S. NO. Source of water Quantity in KLD Water Quality Major usage Water use (%)
    1 River Water 8450 Fresh water Drinking Plant domestic consumption Reagent preparation Colony Process make up 55.2%
    2 Tailing dam 7192 Recycled Milling and Mining process water sprinkling on road vehicle washing, 44.4%

    14

    cooling towers paste filling
    3 Mine dewateri ng 189 Fresh water Milling and Mining process water sprinkling on road vehicle washing cooling towers paste filling 1.2%
    4 STP treated water 367 Treated water Horticulture 2%

    ii. To improve the water recovery from beneficiation plant; all the conventional thickeners retrofitted to High Rate Deep Cone Thickeners.

    iii. Sewage treatment plant of 425 KLD capacity in colony and 300 KLD in mine area was found operational. The treated effluent is used in horticulture & dust suppression. Oil and grease trap installed for workshop effluent.

    iv. There are 02 water bodies near mine lease. River Khari in North and River Mansi in South; which are 4 kms and 1.2 kms far from the buffer zone respectively. The water course was not found obstructed due to the mining operations as there is no mine activity of M/s HZL outside the mine lease area.

    v. The ground water monitoring in and around the mine lease area is being carried out through 08 piezometer well & 11 wells; four times in a year. The Six-monthly compliance reports of last 03 years (2018-2020) have shown no significant change in the ground water quality. Copy of the Groundwater report is enclosed as an Annexure-X.

    vi. The piezometer named as ADM, P, K & A are in upstream of tailing dam whereas piezometers viz. E,G, H & I are in downstream of the tailing dam. The piezometers water sampling carried out by Rajasthan State PCB during 2014 to 2020 revealed no significant increment trend for any parameter in consecutive years. The increased values of Hardness, Chloride, Sulphate in one year followed by reduced concentration in next year may be due to the varying sampling schedule. The reports are enclosed as an Annexure- XI. The results are as tabulated below:

    15

    pH Total Hardness SO4-2 Cl- F- Fe Pb Cd Zn
    IS 10500:2012 6.5-8.5 600 400 1000 1.5 0.3 0.01 0.003 15
    Piezometer A near Material Gate (near Bherukhera village opening) 31.10.2014 8.31 650 162.5 880 0.96 ND ND ND ND
    15.2.2017 8.21 ND 779 292 ND 0.168 0.04 NT 0.193
    28.12.2020 7.81 1392 359 260 0.545 0.147 NT NT NT
    Piezometer ADM near Admin Block. 31.10.2014 7.87 540 475 568 0.56 ND ND ND ND
    15.2.2017 8.01 ND 1302 408 ND 0.275 0.065 NT 0.141
    28.12.2020 7.97 260 376 164 0.62 0.404 NT NT 0.253
    Piezometer E- 1 behind new pump house 15.2.2017 8.10 ND 1656 536 ND 4.73 0.072 NT 1.04
    28.12.2020 8.2 916 230 232 0.524 0.210 NT NT 0.025
    Piezometer G-1 near Papri Kheda Village downstream of Tailing Dam) 28.12.2020 7.97 500 290 248 0.481 0.213 NT NT 0.049
    Piezometer H near Tailing Dam.(before IBP) 31.10.2014 7.6 528 255 968 0.8 ND ND ND ND
    15.2.2017 7.97 ND 198 160 ND 0.862 0.047 NT 0.275
    28.12.2020 8.0 744 314 288 0.549 0.412 NT NT 0.056
    Piezometer I-1 near reclaim water pump house 31.10.2014 8.48 320 305 944 076 ND ND ND ND
    28.12.2020 8.0 656 338 272 0.478 0.393 NT NT 0.136
    Piezometer K CISF Colony (near mine pit boundary) 31.10.2014 8.34 290 105 468 1.42 ND ND ND ND
    15.2.2017 8.24 ND 178 136 ND 0.476 0.046 NT 1.19
    28.12.2020 7.9 464 251 184 0.547 2.36 NT NT 0.24
    Piezometer P near Central Workshop 31.10.2014 8.1 560 52 664 1.16 ND ND ND ND
    15.2.2017 8.02 ND 1269 480 ND 0.630 0.075 NT 0.183
    28.12.2020 7.8 572 534 284 0.449 0.44 NT NT 0.089
    Tailing Dam Water 28.12.2020 7.2 2024 1400 1480 0.578 0.297 NT NT 2.94

    A study conducted by National Environmental Engineering Research

    Institute (NEERI) Nagpur in year 2016 as "Assessment of aquifer

    vulnerability at Rampura-Agucha Mine of Hindustan Zinc Limited"

    concluded as:

    "Comparison of characteristics of tailing dam water/seepage water with that of groundwater quality around the tailing dam of RA mine revealed that there is no co-relation between the characteristics of tailing dam water/seepage water and the groundwater quality around the tailing dam especially in the downstream direction (North, North-East, East). It is therefore concluded that construction and operation of tailing dam at RA mine has not posed any threat to groundwater resources in the area. The high values of TDS, Chlorides, Sulphate and Sodium in groundwater, which was observed both in upstream as well as downstream of tailing dam be attributed to the local geological and hydrogeological setup of the study area.

    Although there is seepage of water from the tailing dam for last few years, the contamination of groundwater has not occurred, possibly

    16

    due to existence of clayed soil and hard, compact and massive rocks beneath the tailing dam area as established through reported geophysical investigations."

    The copy of the NEERI, 2016 report is enclosed as an Annexure-

    XII.

    2.5 Overburden management

    i. The annual Overburden (OB) generation is to the tune of 2.0 million metric tonnes per annum (MMTPA) which is presently stacked within the mine lease boundary. The height of OB dump varies from 20 m to 140 m at present. Vide amended Environmental Clearance letter no. J-11015/267/2008-I-A-II (M) dated 22.08.2014 the maximum height of dump allowed from 100m to 140m (in two lifts of 20m each). Copy of the EC dated 22.08.2014 is enclosed as an Annexure-XIII.

    ii. Waste is dumped in earmarked location with 7 lift of 20 m each to maximum height of 140 mtrs. The overall slope is maintained in tune of 270. The waste dump design and slope stability is reviewed by Central Institute of Mining & Fuel Research, Dhanbad (CIMFR).

    iii. The stabilization of the OB dump through vegetation is carried out in phase manner. The dumps are covered by geo-textiles sheet. As informed, total Geo-textiles 1,45,000 M2 (14.50 Ha.) laid at waste dump

    iv. Garland drain is constructed along the waste dump toe and mining pit, along with siltation pond. This provides retention for silt settlement. Rainwater collection sumps of about 8.5 Lakhs M3 capacity are constructed. The collected water is utilized for watering in mine area, roads, green belt development. Retaining wall at the toe of the OB dump is constructed along the garland drain. However, de-siltation of the drain needs to be regularly carried out to avoid any discharge outside the lease boundary.

    2.6 Tailing management

    The tailing dam is in 4.5kms perimeter. The sides of the tailing dam are lined with HDPE. The present height of tailing dam is 54 meter. Height rising by 6m was ongoing. Garland drains are constructed around the tailing pond with pumping arrangement to collect any seepage and rainwater runoff back to tailing pond. The tailings of the beneficiation plant are being disposed through closed pipeline to the earmarked tailing dam after lime treatment. The tailing dam water is reused in the process plant.

    2.7 Green belt development

    i. Safed babool is the most abundant tree species planted in the project area; along with other species viz. Shisham, Pongamia, Bombax Ceiba, Tamarind, Arjun, Amla etc. The green cover was observed less dense (<1500tree/hectare). As per the

    Env Clearance dated 11.12.2009 condition XVI "The density of the trees should be around 1500 plants per hectare."

    ii. As per the study carried out by Terracon Ecotech Pvt Ltd (Sept 2015) there were 91 various tree species recorded.

    17

    iii. The details of the plantation in the lease area is as tabulated below:

    RAMPURA AGUCHA MINE (With in lease) S. Plantation Plantation Session of Plantation No. Status Area (Ha.)

    1 Till- 2014-15 283,550 243.30

    2 2015-16 7,100 4.70

    3 2016-17 4,000 4.20

    4 2017-18 17,000 17.00

    5 2018-19 20,000 20.00

    6 2019-20 20,000 20.00

    7 2020-2021 20,000 20.00

    Plantation total 371,650 329.20 Geo-textile with

    S.NO. seed spreading and plantation Area Sqm Area Ha.

    1 Till -2016-2017 72000 7.2 2 2017-2018 8000 0.8 3 2018-2019 15000 1.5 4 2019-2020 25000 2.5 5 2012-2021 25000 2.5 Geo-textile Total 145000 14.5

    Total Green belt (Plantation + Geo-textiles) 343.7 Plantation Out site lease

    Plantation

    S. No. Area/Location Area (Ha.)

    1 COLONY SITE 37.76

    2 ROAD SIDE (FROM COLONY TO MINE) 7.15

    3 OTHERS (In Govt Land near Parasrampura) 8.00

    Total Area 52.91

    2.8 Committee observations

    The M/s Hindustan Zinc Ltd Rampura-Agucha (RA) mine is majorly complying the stipulated norms under Environmental Clearance granted in year 2009 and EC amendment thereafter. However, committee observed following non-compliances after having field visit and document verifications:

    1. The plantation cover reported was found less dense as per the EC, 2009 specific condition no. xvi.

    2. De-siltation of the tailing dam garland drain needs to be regularly carried out to avoid any overflow towards North direction of the tailing dam.

    3. The crusher area needs to have rubber/transparent curtains to curtail the fugitive emission during unloading of the ore in crusher area.

    18

    4. Water sprinklers needs to be established in more number to curtail the fugitive emission during truck movement on the haul road.

    3.0 Visit of the affected area

    The committee members visited village Araniya Chauhan; where along with applicant Sh Om Puri, villagers of Araniya Chauhan, Agucha, Kothiya and others were present. The issues related to loss to agriculture produce, domestic animals, livestock's & human health, cracks in property and contamination of the groundwater were heard by the committee. The committee visited few fields where damaged wells, pits in land were shown. Water samples were collected by Rajasthan State PCB for analysis. The issues raised by the villagers were discussed with the concern departments of the district on 13th July 2021. The summary of the details provided by the concern departments is as below:

    3.1 Status of the water quality in Hurda block, Bhilwara

    Public Health Engineering Department, Govt. of Rajasthan carry out periodic sampling from the shallow Tubewell & delivery point. The water analysis report since 2017 of Hurda block of Bhilwara district reflect that the Panchayat of Aguncha, Barantiya, Kotri, Bhojras, Barla & Hurda falls in the 10 kms of the periphery of the M/s HZL Rampura-Agucha mines are having high concentration of Chloride, Nitrate, Total Dissolved Solids, Fluoride, Hardness & Sulphate w.r.to the drinking water standards IS 10500:2012. The high values of these drinking water parameters in groundwater, which was observed in all around the mine villages, be attributed to the local geological and hydrogeological setup of the study area as earlier reported in the report of NEERI. The maximum values observed at Panchayats are as tabulated below:

    Name of the Geo-graphical location Observed maximum concentration (in mg/l) since Panchayat 2017

    Latitude Longitude Cl-

    NO3-2

    TDS F- Hardness SO4-2

    Aguncha 25.824069 74.72732 2320 620 8760 5.6 3350 751 Barantiya 25.79141 74.76407 3000 238 7650 6.9 3700 1710 Kotri 25.88827 74.73792 3950 206 9180 3.5 2650 516 Bhojras 25.772225 74.66049 1490 338 4370 8.4 1250 400 Barla 25.833413 74.69219 3500 208 8270 8.7 2890 1510 Hurda 25.897337 74.68903 1330 378 4920 3.6 2026 614

    Drinking water (IS 10500:2012) 1000 45 2000 1.5 600 400 Permissible limit

    The analysis report submitted by the PHED department is enclosed as an Annexure-XIV.

    04 groundwater samples were collected from few locations using the available tube-well or open wells during the visit from Araniya

    19

    Chauhan village to characterize the groundwater quality. These samples were taken from random depths of confined / unconfined aquifers as monitoring network was not readily available around the plant site. The committee observed significant variation in groundwater table at visited places that shows, there is a strong heterogeneity of groundwater flow regime of the area. The NEERI report is related to groundwater pollution and its sources apportionment is quite old. Thus, it is difficult to conclude that quantity and quality of groundwater resources of the area are not affected by the Industrial activities.

    A further groundwater sampling during the pre and post monsoon seasons is needed to be conducted by the industry from appropriate depths and locations in and around the plant premise. It is also suggested to conduct hydrogeological survey of the plant site using a series of geophysical investigations and suitable pumping/recovery testes to map the groundwater flow regime and its seasonal dynamics. Isotopic analysis of surface and groundwater samples of the area is recommended strongly to establish the sound linkages between the possible subsurface pollutants and the Industrial activities of the area.

    The water samples collected on 12.7.2021 from 04 locations shown the following water quality:

    S. No. Location pH Cl- Hard ness F- SO4-2 Zn
    1. Open well in Agri field of Sh Bhawani Shankar Mali, Araniya Chauhan village 7.66 1920 876 1.31 633 0.768
    2. Open well in Agri field of Sh Ram Prasad Mali, Araniya Chauhan village 7.64 2200 940 1.35 1087 0.363
    3. Borewell in Agri field of Sh Bhawani Shankar Mali, Araniya Chauhan village 7.56 2440 868 1.74 678 0.137
    4. Open well in the land of Sh Ram Chandra Regar, Near highway 7.59 3280 1036 2.14 629 0.111
    IS 10500:2012 6.5-8.5 1000 600 1.5 400 15

    Note: All values are in mg/l except pH.

    The analysis result reveals that the Chloride, Hardness & Sulphate is in higher concentration at all the 04 locations of the Araniya Chauhan village. The fluoride concentration was also observed higher at 02 locations w.r.to the prescribed IS 10500:2012 standards of 1.5 mg/l.

    The analysis report is enclosed as an Annexure-XV

    3.2 Status of agriculture production

    The 04 years (Since 2017) agriculture production details of Gram Panchayat Agucha provided by the office of Assistant Agriculture Officer, Gulabpura-I is as tabulated below:

    20

    S. No. Crop Year-wise production in Quintal/Ha Remark
    2017-18 2018-19 2019-20 2020-21 The production of Urad & Moong reduced in year 2019-20 & 2020-21 due to Yellow Mosaic disease and excess rain.
    1. Wheat 40.5 42.5 48.12 50.6
    2. Barley 28.5 30.3 31.0 31.5
    3. Gram 9.5 10 15 10.62
    4. Mustard 13.5 14.0 15.0 15.5
    5. Maize 25.5 26.0 24.5 27.0
    6. Cotton 23.0 24.0 26.5 25.8
    7. Urad 7.125 7.625 9.5 1.8
    8. Moong 6.0 6.7 5.7 5.0

    The Agriculture department's water test reports of year 2016 & 2019 of villages viz. Bherukhera, Agucha, Parasrampura, Kalyanpura, Kothiya, Balapura & others revealed that the pH ranges between 7 to 8.7, Sodium Adsorption Ratio ranges between 2.04 to 38.6 and the Electrical Conductivity ranges between 1.9 to 14.9mS/cm that makes the water alkaline & saline.

    For such water quality, it is recommended to increase the number of the water irrigation and use of gypsum. The report is enclosed as an Annexure-XVI

    3.3 Status on the loss of livestock

    A report submitted by Dr Satish Malvi, Veterinary Hospital, Hurda, Bhilwara dated 17.7.2021 state that a three member committee was constituted for surveying the records of the Veterinary hospitals established nearby the M/s HZL Rampura Agucha mine for any livestock death reported due to the pollution. The report concludes that there is no entry available in the outdoor records that show ill- effect of pollution on the livestock. The report is enclosed as an Annexure- XVII.

    3.4 Status of ground water level around the mine lease area

    The information provided by the Groundwater department, Bhilwara regarding the groundwater level trend around the periphery of Rampura Agucha mining area from year 2011 to 2020 is as tabulated below:

    Year Duration Water level in meter around the peripheral villages of Rampura Agucha mine area
    Agoocha (Dug well) GPS location (25.821942, 74.731394) Agoocha (Piezo- well) GPS location (25.826836, 74.729236) Bhairon Khera (Piezo- well) GPS location (25.816861, Hurda Seja (Dug well) GPS location (25.902631, 74.68325) Kothiya (Dug well) GPS location 25.8717, 74.767406)

    74.764139)

    21

    2011 Pre-Monsoon DRY 9.15 - 9.95 Covered
    Post-Monsoon DRY 1.00 - 8.10 Covered
    2012 Pre-Monsoon DRY 3.95 - 10.85 12.25
    Post-Monsoon DRY 1.10 - 8.30 4.35
    2013 Pre-Monsoon DRY 5.95 - 10.20 13.55
    Post-Monsoon DRY 2.47 - 7.80 6.20
    2014 Pre-Monsoon 11.8 5.90 - 15.60 15.15
    Post-Monsoon 11.7 1.45 - 7.60 5.35
    2015 Pre-Monsoon 11.7 5.75 - 10.00 14.15
    Post-Monsoon 13.5 3.60 - 8.75 13.55
    2016 Pre-Monsoon 14.6 14.35 - 10.40 DRY
    Post-Monsoon 9.00 2.15 - 7.60 3.15
    2017 Pre-Monsoon 11 5.65 - 9.2 11.5
    Post-Monsoon 12.6 8.65 - 7.20 12.45
    2018 Pre-Monsoon 15.00 13.65 - 8.90 12.25
    Post-Monsoon 13.00 4.35 2.30 4.20 10.80
    2019 Pre-Monsoon 12.80 Filled 4.90 10.00 12.80
    Post-Monsoon 1.80 0.35 0.80 4.90 2.40
    2020 Pre-Monsoon 9.60 2.85 1.30 6.50 3.05
    Post-Monsoon 6.30 2.95 3.20 6.70 1.85
    Fluctuation from Pre_2011 to Pre_2020 - 6.30 - 3.45 -

    The water level report reveals that the water level of village Agucha

    & Hurda Seja in year 2020 positively increased by 6.30 mbgl & 3.45

    mbgl respectively since 2011 level. The water level information is

    enclosed as an Annexure- XVIII. On comparing the water level during

    last 3 years viz. 2018 to 2020; it is observed that water level

    positively increased in all the 05 locations round the mine area. This

    indicates towards the high recharge in the area either by more

    rainfall or by seepage from the large water pond existing in the

    industrial premise. As per the last 10 years of average rainfall data,

    highest average rainfall of + 550mm was observed only during the

    year 2019 since 2011. This shows possibility of groundwater flow

    from Industrial zone towards the surrounding regions. The average

    rainfall detail is as below:

    22

    The damage of the water well and formation of the large pits in land may be due to rising sub- surface water level. It is suggested having the hydro-geological survey of the affected area using geophysical investigations and suitable aquifer testes to map the groundwater flow regime of the area.

    3.5 Status of the Health in villages around the mine lease area

    As per the information furnished by Block Chief Health Officer, Gulabpura, Bhilwara vide letter dated 26.8.2021 of the last 05 years (2017-20) Out-Door Patients (OPDs) visits in Gulabpura blocks hospitals i.e. Hurda, Agucha, Ruphailekalan, Kanwliyas, Sareri & Gulabpura, it was observed that only 0.03% OPDs were w.r.t. Asthma. Also the OPD visits with Asthma from 2018-20, not showing any significant increasing trend w.r.to 2017 OPDs. The copy of the same is enclosed as an Annexure- XX.

    The field photographs are enclosed as an Annexure-XXI.

    4.0 Monetary value of damage to the environment in the last three years

    To bring out the damage to the environment done by the Project Proponent (M/s Hindustan Zinc Ltd Rampura Agucha mine) in the last three years i.e. 2018, 2019 & 2020; the committee gone through the Six Monthly Environmental Clearance Compliance reports submitted by the (PP) since 2017 to the Statutory Authorities i.e. MoEF&CC, CPCB & RSPCB. Based on the available information and compliance observed during field visit on 12th July 2021, the committee brought out that less dense plantation may be considered as the major non-compliance during last 03 years w.r.to the Environmental Clearance condition.

    4.1 Monetary value against the less dense plantation in last 03 years

    The details of plantation carried out during last 03 years i.e. 2018-19 to 2020-21 are as tabulated below:

    RAMPURA AGUCHA MINE (With in lease)
    S. No. lantation in ast 3 years Plantation Status Plantation Area (Ha.)
    1. 20,000 20.00
    2. 20,000 20.00
    3. 20,000 20.00
    Planta0tion total 60,000 60

    The average per hectare plantation is = 1000 trees/Ha

    23

    As per the Environmental Clearance dated 11.12.2009 specific condition no. xvi "The density of the trees should be around 1500 plants per hectare."

    So, the difference in plantation/hectare = (1500 - 1000) = 500/ha Considering the cost of plantation & post-plantation care = Rs. 300/tree (As per the EIA, 2009 report Chapter 7 Environmental Monitoring Programme of the Mine lease area) Copy enclosed as Annexure-XXII.

    Monetary value against

    the less dense plantation = Area under plantation (2018-19 to 2020-21) x (difference in plantation/Ha) x Cost of plantation = 60 x 500 x 300

    = Rs. 90,00,000/- (Ninety Lacs Rupees)

    5.0 Recommendation:

    As per the factual situation of the compliance status observed by the committee during field visit on 12th July 2021, following is recommended:

    1. A monetary value of Rs. 90,00,000/- (Ninety Lacs Rupees) against violating the Environmental Clearance, 2009 specific condition no. xvi for plantation may be imposed on the unit.

    2. To increase the plantation as per the EC condition stipulated under condition no. xvi of EC, 2009.

    3. Unit need to carry out the hydrogeological survey of the surrounding area to map the current groundwater flow regime and its seasonal dynamics for identifying the cause of pit formation in the surrounding areas.

    4. Unit need to carry out isotopic analysis of surface and groundwater samples of the area to establish the sound linkages between the possible sub-surface pollutants and the industrial activities of the area.

    5. The unit ensure de-siltation of the tailing dam garland drain regularly to avoid any overflow and seepages towards North direction of the tailing dam

    6. To increase the number of water sprinklers to curtail the fugitive emission at crusher area, haul road & others."

    4. We have heard learned counsel for the parties and given our consideration to the issue of remedial action against damage caused in the process of mining operations undertaken by the PP.

    24

    5. Learned counsel for the applicants has made pointed reference to the following observations of the report:-

    "xxx………………………….xxxx……………………………………..xxx

    iv. The unit has obtained No Objection Certificate (NOC) for ground water extraction from radial well in Banas river from Central Ground Water Board vide letter dated 8.7.2013. Unit has applied for renewal vide letter dated 04.04.2018. Copy enclosed as an Annexure-IV. It is pertinent to mention that, as per the condition no. 11 (vi) of the notification no. S.O. 3289 (E) dated 24.9.2020 of Ministry of Jal Shakti (Central Ground Water Authority), the NOC shall be deemed to be extended till the date of renewal of NOC. The condition no. 11 (vi) states as :

    11.0 Renewal of No Objection Certificate

    v. If the application for renewal is submitted in time and the CGWA/ the respective State/ Ut Authority is unable to process the application in time, No Objection Certificate shall be deemed to be extended till the date of renewal of No Objection Certificate.

    xxx………………………………………xxxx…………………………………….xxxx

    Water management

    i. M/s HZL Rampura-Agucha mine has daily water requirement of 16198KLD. Out of which 8450KLD as fresh water is received from the radial well in Banas River. Central Ground Water Board has issued NOC for 11700KLD ground water extraction from existing Radial Well/Tubewell vide letter dated 8.7.2013. Unit has applied for renewal vide letter dated 4.4.2018. xxx……………………………………..xxx……………………………xxx

    3.0 Visit of the affected area

    The committee members visited village Araniya Chauhan; where along with applicant Sh Om Puri, villagers of Araniya Chauhan, Agucha, Kothiya and others were present. The issues related to loss to agriculture produce, domestic animals, livestock's & human health, cracks in property and contamination of the groundwater were heard by the committee. The committee visited few fields where damaged wells, pits in land were shown. Water samples were collected by Rajasthan State PCB for analysis. The issues raised by the villagers were discussed with the concern departments of the district on 13th July 2021. The summary of the details provided by the concern departments is as below:

    3.1 Status of the water quality in Hurda block, Bhilwara

    Public Health Engineering Department, Govt. of Rajasthan carry out periodic sampling from the shallow Tubewell & delivery point. The water analysis report since 2017 of Hurda block of Bhilwara

    25

    district reflect that the Panchayat of Aguncha, Barantiya, Kotri, Bhojras, Barla & Hurda falls in the 10 kms of the periphery of the M/s HZL Rampura-Agucha mines are having high concentration of Chloride, Nitrate, Total Dissolved Solids, Fluoride, Hardness & Sulphate w.r.to the drinking water standards IS 10500:2012. The high values of these drinking water parameters in groundwater, which was observed in all around the mine villages, be attributed to the local geological and hydrogeological setup of the study area as earlier reported in the report of NEERI. The maximum values observed at Panchayats are as tabulated below:

    Name of the Geo-graphical location Observed maximum concentration (in mg/l) since Panchayat 2017

    Latitude Longitude Cl-

    NO3-2

    TDS F- Hardness SO4-2

    Aguncha 25.824069 74.72732 2320 620 8760 5.6 3350 751 Barantiya 25.79141 74.76407 3000 238 7650 6.9 3700 1710 Kotri 25.88827 74.73792 3950 206 9180 3.5 2650 516 Bhojras 25.772225 74.66049 1490 338 4370 8.4 1250 400 Barla 25.833413 74.69219 3500 208 8270 8.7 2890 1510 Hurda 25.897337 74.68903 1330 378 4920 3.6 2026 614

    Drinking water (IS 10500:2012) 1000 45 2000 1.5 600 400 Permissible limit

    The analysis report submitted by the PHED department is enclosed as an Annexure-XIV.

    04 groundwater samples were collected from few locations using the available tube-well or open wells during the visit from Araniya Chauhan village to characterize the groundwater quality. These samples were taken from random depths of confined / unconfined aquifers as monitoring network was not readily available around the plant site. The committee observed significant variation in groundwater table at visited places that shows, there is a strong heterogeneity of groundwater flow regime of the area. The NEERI report is related to groundwater pollution and its sources apportionment is quite old. Thus, it is difficult to conclude that quantity and quality of groundwater resources of the area are not affected by the Industrial activities.

    A further groundwater sampling during the pre and post monsoon seasons is needed to be conducted by the industry from appropriate depths and locations in and around the plant premise. It is also suggested to conduct hydrogeological survey of the plant site using a series of geophysical investigations and suitable pumping/recovery testes to map the groundwater flow regime and its seasonal dynamics. Isotopic analysis of surface and groundwater samples of the area is recommended strongly to establish the sound linkages between the possible subsurface pollutants and the Industrial activities of the area. The water samples collected on 12.7.2021 from 04 locations shown the following water quality:

    26

    S. No. Location pH Cl- Hard ness F- SO4-2 Zn
    5. Open well in Agri field of Sh Bhawani Shankar Mali, Araniya Chauhan village 7.66 1920 876 1.31 633 0.768
    6. Open well in Agri field of Sh Ram Prasad Mali, Araniya Chauhan village 7.64 2200 940 1.35 1087 0.363
    7. Borewell in Agri field of Sh Bhawani Shankar Mali, Araniya Chauhan village 7.56 2440 868 1.74 678 0.137
    8. Open well in the land of Sh Ram Chandra Regar, Near highway 7.59 3280 1036 2.14 629 0.111
    IS 10500:2012 6.5-8.5 1000 600 1.5 400 15

    Note: All values are in mg/l except pH.

    The analysis result reveals that the Chloride, Hardness & Sulphate is in higher concentration at all the 04 locations of the Araniya Chauhan village. The fluoride concentration was also observed higher at 02 locations w.r.to the prescribed IS 10500:2012 standards of 1.5 mg/l.

    The analysis report is enclosed as an Annexure-XV

    3.2 Status of agriculture production

    The 04 years (Since 2017) agriculture production details of Gram Panchayat Agucha provided by the office of Assistant Agriculture Officer, Gulabpura-I is as tabulated below:

    S. No. Crop Year-wise production in Quintal/Ha Remark
    2017-18 2018-19 2019-20 2020-21 The production of Urad & Moong reduced in year 2019-20 & 2020-21 due to Yellow Mosaic disease and excess rain.
    9. Wheat 40.5 42.5 48.12 50.6
    10. Barley 28.5 30.3 31.0 31.5
    11. Gram 9.5 10 15 10.62
    12. Mustard 13.5 14.0 15.0 15.5
    13. Maize 25.5 26.0 24.5 27.0
    14. Cotton 23.0 24.0 26.5 25.8
    15. Urad 7.125 7.625 9.5 1.8
    16. Moong 6.0 6.7 5.7 5.0

    The Agriculture department's water test reports of year 2016 & 2019 of villages viz. Bherukhera, Agucha, Parasrampura, Kalyanpura, Kothiya, Balapura & others revealed that the pH ranges between 7 to 8.7, Sodium Adsorption Ratio ranges between 2.04 to 38.6 and the Electrical Conductivity ranges

    27

    between 1.9 to 14.9mS/cm that makes the water alkaline & saline.

    For such water quality, it is recommended to increase the number of the water irrigation and use of gypsum. The report is enclosed as an Annexure-XVI

    xxx………………………………………..xxx……………………………xxx

    The average per hectare plantation is = 1000 trees/Ha

    As per the Environmental Clearance dated 11.12.2009 specific condition no. xvi "The density of the trees should be around 1500 plants per hectare."

    So, the difference in plantation/hectare = (1500 - 1000) = 500/ha

    6. In the light of above observations, it is submitted by learned Counsel for the applicants that the PP has caused extensive damage and has violated EC conditions and other norms. The Committee has noted some of the violations but has erroneously ignored some of the violations and thus recommendations made do not fully remedy the wrong caused in the process of the PP. There is damage to the wells, pits, loss to agriculture produce, livestock, contamination of ground water and land degradation which has not been fully appreciated on wrong assumption that clear proof of industrial activity being responsible for the damage is required. Once possibility of damage to the quantity and quality of ground water sources due to industrial activities was not ruled out, the PP should have been held accountable on precautionary principle. The water test reports show that water had become alkaline and saline. Merely recommending increase in water irrigation and use of gypsum is not enough. Soil needs remediation. The assumption that the damage to the water quality may be due to sub-surface water level for local hydro geological set up is uncalled for. It is against the 'Precautionary' principle to the effect that scientific certainty is not a condition precedent for requiring remedial measures. Environmental issues are governed by

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    reverse burden of proof which is on the PP to show that its activities are benign and not capable of harming environment. Thus, remedial action is required and mere further studies are not enough. Ground water extraction has continued even after expiry of permission granted for extraction on 08.07.2013. The unit has applied for renewal but no such renewal has been granted. Thus, the extraction of ground water has been going on illegally. Reference to the notification dated 24.09.2020 for claiming deemed permission for extraction of ground water could not apply to extract ground water extraction prior to the date of Notification and in view of judgment of the Hon'ble Supreme Court in M.C. Mehta v. UOI & Ors.,1undertaking assessment of availability of ground water before granting permission/renewal cannot be avoided by concepts of deemed permissions.

    7. Learned counsel for the PP submitted that monitory value cost of plantation assessed by the Committee will be deposited by the PP and steps will be taken to increase the plantations as per EC conditions. The PP will also undertake further studies as suggested and ensure de- siltation of the tailing dam, garland dam and increase water sprinklers to curtail fugitive emissions. No further remedial action is required as the PP is not responsible for damage to the environment or health or fertility of soil or ground water.

    8. We have duly considered the rival submissions. We find that the Committee has failed to consider the precautionery principle of environment laid down inter alia in Vellore Citizens (1996) 5 SCC 647 and MV Nayudu, (1999) 2 SCC 718 and on that basis ignored serious violations and damage to water and land. It has not gone into damage to

    1

    (1997) 11 SCC 312

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    health by simply referring to record of hospital admissions. While the recommendations for plantation, further studies for remedial action in other measures like de-siltation and increase of water sprinklers may certainly be undertaken, in view of damage to the quality of ground water resources adverse impact on soil, the PP has to take necessary restoration measures for improvement of water quality as well as soil. Violation of plantation condition has continued for a long period. Merely requiring cost of plantation to be depositing without fixing accountability for the past violations may not be adequate. Environmental law violations cannot be taken lightly when the violators are being entities like the present PP and victims are poor villagers. Annual turnover of the PP is said to be about Rs. 22,000/- Crores per annum2for the last more than three years and revenue receipt for the year 2020-2021 is more than Rs. 20,000/- Crores per annum, though it is stated that there is no separate figure for particular mining unit. The victims of damage are unspecified number of persons spread over in more than six Panchayats in Hurda block namely Bherukhera, Agucha, Parasrampura, Kalyanpura, Kothiya, Balapura & others. Thus, case is made out for requiring the PP to provide for compensation for the past violations and bear the cost of remediation, apart from complying with the recommendations of the Committee.

    9. Even if the Committee has not been able to conclude with certainty that the PP is responsible for the damage, it is possible to infer damage to the groundwater due to activities of the PP. The groundwater quality is required to be co-related with the source by comparing with parameters

    2 https://www.google.com/search?q=turnover+of+hindustan+zinc+limited&rlz=1C1CHBF_enIN82 8IN82 8&sxsrf=APq- WBtzwf_5AM3zndm0jNmCvNUHFd4Shg%3A1643790350753&ei=DkD6YYm1LevN5OUPpo6MsA4&oq=Turnover+of+Hin dustan+Zinc+&gs_lcp=Cgdnd3Mtd2l6EAEYADIGCAAQFhAeOgoIABCxAxCDARBDOgQIABBDOhEILhCABBCxAxCDARD HARDRAzoFCAAQgAQ6BQguEIAEOgsIABCABBCxAxCDAToICAAQgAQQsQM6BAguEEM6CAguEIAEELEDOggIABCxAxC DAToFCAAQkQI6BwguELEDEEM6BwgAELEDEENKBAhBGABKBAhGGABQAFiTU2CmYmgAcAJ4AIABnQKIAbUjkgEGM C4yMi41mAEAoAEBwAEB&sclient=gws-wiz

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    like Zinc and lead. With regard to the air quality, observations do not match the daily or annual average standards taking into account the resuspension of mine dust in the contiguous area. With regard to the blasting operations and continuing underground mining, comprehensive observations on the effect of such operations on the nearby houses have not been properly interpreted except mentioning with the DGMS norms and Peak Particle Velocity (PPV) was considered to be in the acceptable limits. Thus, remedial action is required for which the PP has to bear the cost and pay compensation on principles laid down by the Hon'ble Supreme Court inter-alia in MC Mehta (1987)1 SCC 395, Sterlite, (2013)

    4 SCC 575 and Goel Ganga (2018) 18 SCC 257, taking into account financial capacity of the PP and the damage/violations.

    9. Having regard to the violations/damage by the PP and overall estimated cost of ecological rehabilitation and restoration and financial capacity of the PP, we require the PP to deposit a sum of Rs. 25 crore with the District Magistrate, Bhilwada within three months to meet the cost of remediation measures. A joint Committee of CPCB, State PCB and District Magistrate, Bhilwada with the assistance of any other experts may prepare a restoration plan for remediating the soil and quality of ground water in the area, apart from undertaking health improvement programme for the inhabitants and the cattle. The action taken may be placed on the website of the District Magistrate, Bhilwada and its execution duly monitored. The remediation works may be got

    executed by an appropriate agency utilizing the amount deposited by the PP and the PP itself will have liberty to get the such work executed of restoration/rehabilitation on its own or through any other agency, if found proper by the joint Committee in the circumstances. A public awareness group may be setup jointly by the DM and the PP to list out

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    the issues requiring further action. The amount deposited will be utilized for executing the plan within one year, associating all stake holders, including the PP and civil society in a suitable manner, subject to overall supervision of the Committee. State PCB will be the nodal agency. In case the amount deposited is found to be deficient, the Tribunal may consider further directions, depending upon the material available. The joint Committee may have a report of status of compliance as on 31.03.2023 filed before the Registrar General of this Tribunal by e-mail at judicial- ngt@gov.in preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF by 30.04.2023. In case any further direction becomes necessary, the Registrar General will place the matter before the Bench.

    Subject to above, all the application stand disposed of. A copy of this order be forwarded to CPCB, State PCB and District Magistrate, Bhilwada by e-mail for compliance.

    Adarsh Kumar Goel, CP

    Sudhir Agarwal, JM

    Dr. Nagin Nanda, EM

    Dr. Afroz Ahmad, EM

    February 02, 2022

    Original Application No. 226/2020 &

    Connected matters

    A + DV + AVT

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    OM PURI & ORS v. HINDUSTAN ZINC LTD.
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