Delivery Mode: Registered é IN 'THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 4301 OF 2022 with IN IC) LY ICATION. (APPLICATION FOR EX-PARTE STAY) HINDALCO INDUSTRIES inka - Petitioner(s)/Appellant(s) VERSUS: SHIVPAL BHAGAT AND OnHERS a» Respondent(s) To, 1 SHIVPAL BHAGAT, VILLAGE SARASMAL, POST LIBRA, TEHSIL TAMNAR, DISTRICT- RAIGARH, CHHATTISGARH 2 DISTRICT COLLECTOR, RAIGARH, DISTRICT COLLECTOR, RAIGARH ROOM NO. : 05, COLLECTORATE PARISHAR, DISTRICT- RAIGARH, CHHATTISGARH - 496001 3 UNION OF INDIA, THR. THE SECRETARY MINISTRY _OF ENVIRONMENT, FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAWAN JOR BAGH. ROAD, DISTRICT- NEW DELHI, DELHI - 110003 at \TTISGARH ENVIRONMENT CONSERVATION BOARD, hE THR. ITS MEMBER SECRETARY PARYAVAS BHAVAN, NORTH BLOCK SECTOR-19, ATAL NAGAR, § WN ale DISTRICT-RawwuR, ' CHHATTISGARH 5 STATE OF CHHATTISGARH, THR. ITS CHIEF SECRETARY GOVERNMENT OF CHHATTISGARH, PID: 75043/2022 FOR R[1] IN C.A. NO.4301/2022 (SEC XVI) PID: 75044/2022 FOR R[2] IN C.A, NO.4301/2022 (SEC XVII) PID: 75045/2022 FOR R[3] IN C.A. NO.4301/2022 (SEC XVII) PID: 75046/2022 FOR R[4] IN C.A. NO.4301/2022 (SEC XVI) PID: 75047/2022 FOR RIS] IN C.A. NO.4301/2022 (SEC XVI)MAHANADI BHAWAN, © MANTRALAYA, NAYA RAIPUR, DISTRICT: , CHHATTISGARH - 492002 6 CENTRAL POLLUTION CONTROL BOARD CBD CUM OFFICE COMPLEX, PID: 75048/2022 FOR RIG] IN THR. ITS MEMBER SECRETARY C.A, NO.4301/2022 (SEC PARIVESH BHAWAN, EAST ARJUN XVII) NAGAR, SHAHDARA, DISTRICT-, DELHI 7 PRAHALAD SIDAR, . VILLAGE REHGAON, POST AND PID: 75049/2022 FOR R[7] IN TEHSIL TAMNAR, C.A. NO.4301/2022 (SEC DISTRICT- RAIGARH, XVII) CHHATTISGARH 8 HEMSAGAR PAIKRA, VILLAGE SAILHABHATA , POST AND PID: 75050/2022 FOR R[8] IN ‘TEHSIL TAMNAR, C.A. NO.4301/2022 (SEC DISTRICT- RAIGARH, XVI) CHHATTISGARH 9 SRIRAM GUPTA, VILLAGE KHOROAMA PANCHAYAT PID: 75051/2022 FOR R19] IN BHENGARI, C.A, NO.4301/2022 (SEC DISTRICT: RAIGARH, XVI) CHHATTISGARH 10 RINCHIN, PID: 75052/2022 FOR RI10] VILLAGE SAKTA, POST MILUPARA, ]N C.A. NO.4301/2022 (SEC DISTRICT- RAIGARH, XVII) CHHATTISGARH 11 JANAKI SIDAR, VILLAGE NAGARAMUDA, POST PID: 75053/2022 FOR R[U1} DHAURABHATA, IN C.A. NO.4301/2022 (SEC DISTRICT: RAIGARH, XVII) CHHATTISGARH WHEREAS the CIVIL APPEAL with application for EX-PARTE STAY above mentioned (copy enclosed) filed in the Registry by Mr. MAHFOOZ AHSAN NAZKI, ‘Advocate on behalf of the Appellant above named was listed for hearing before this Court on 18th May, 2022 along with the connected matters , when the Court was pleased to pass the following order:~ " Permission to file appeal is granted. It is informed that the compensation in compliance of the order of the Tribunal has been deposited by the appellant in the Registry of this Court.Let the amount be kept in an interest bearing account on auto renewal basis, Issue notice on the application fer stay as well as on appeal, returnable on 26.07.2022. Dasti, in addition, is permitted to be served. " NOW, THEREFORE, TAKE NOTICE that the matter above-mentioned will be posted for hearing before this Court on 26th July, 2022 at 10.30 O'Clock in the forenoon or so soon thereafter as may be convenient to the Court when you may appear before this Court either in person or through an Advocate-on-record of this Court duly appointed by you and show cause to the Court as to why the appeal should not be admitted and interim order not granted. ‘You may file your affidavit in opposition to the petition as provided under Rule 14(1) of Order XXI, SCR 2013 (as amended) within 30 days from the date of publication of notice or not later than 2 weeks before the date appointed for hearing, whichever be earlier, but shall do so only by setting out the grounds in opposition to the questions of law or grounds set out in the matter and may produce such pleadings and documents filed before the Court against whose order the appeal is filed and shall also set out the grounds for not granting interim order, TAKE FURTHER NOTICE that if you fail to enter appearance as aforesaid, no further notice shall be given to you even after the grant of Civil appeal for hearing of the resultant appeal and the matter above-mentioned shall be disposed of in your absence Dated :27th May, 2022 Gatoultff ASSISTANT REGISTRARIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPI 2022 Mea Mee — (From Judgment and final order dated 15. 022 passed by the Hon‘bie National Green Tribunai, Principal Bench, New Delhi in Original application No. 104 of 2018) IN THE MATTER OF; M/s. Hindalco Industries Limited ~ Appellant Versus Shivpal Bhagat & Ors, ..Respondents WITH LA. Nos. of 2022: Application for ex-parte stay AND LA. NOs. of 2022: Application for exemption from filing certified copy of the impugned Judgment AND LA. NOs. of 2022; Application for permission to file Civil Appeal PAPER BOOK INDEX (FOR INDEX PLEASE SEE INSIDE) Vor THE APPE!Diary No. 11506/2022 DECLARATION All defects have been duly cured. Whatever has been added/deleted/modified in the petition is the result of curing of defects and nothing else. Except curing the defects, nothing has been done. Paper books are complete in all respect. Signature... ra Advocate-on-Reéord: Mr. Mahfooz A, Nazki Date: 18.04.2022 Contact No.: 9871200737Si. No. 40 "1 12 13 44 15 16 RECORD OF PROCEEDINGS INDEX Record of proceedings PagesSLN PARTICULARS OF PAGE NO. OF PART | REMA o. DOCUMENT TO WHICH IT RKS. BELONGS = | Parti” | Part tr (Contents | (Content of Paper | sof file Book) | alone) (i) (i) (iii) (iv) wv) _ 4 1 ‘Court Fee 1. | O/R on Limitation a ae A i 2. | Listing Proforma AL-A2 | AL-A2 | 3. | Cover Page of Paper Book AB 4. [Index of Record of Aa Proceedings 5. | Limitation Report prepared AS by the Registry 6. | Defect List 7 | AG-A-9 | 7 | Note Sheet - | NSI to... serra ere $$$} Synopsis and List of Dates |B -Z-i 9. |Copy of the Judgment and final order dated 15.02.2022 passed by the Hon‘ble = National = Green Tribunal, Principal Bench, | New Delhi in Original! 1- 69 — Application No. 104/2018 | Appealed From: j ~ 10. | Civil Appeal with affidavit = 70- 107i. Appendix-I: Copy of the Section 22 of the National Green tribunal Act, 2010 108 12. Annexure A-1: A copy of the Respondent No. 3’s Fly | Ash Utilisation Notification dated 14.09.1999. 109-119 13. | Annexure A-2: A copy of Respondent No. 3’s Fly Ash Utllization Notification dated 03.11.2009. | 120 - 130 14 Annexure A-3: Copy of the Original Application No. 104 of 2018 filed before the Ld. NGT New Delhi dated 28.02.2018 131-170 15. Annexure A-4: Copy of order dated 06.03.2018 passed by the NGT in O.A. No. 104 of 2018 171 [Annexure A-5: Copy of order dated 20.03.2018 | passed by the NGT in 0.4, No. 104 of 2018 172 i? Annexure A; Copy of order dated 01.05.2018 passed by the NGT in O.A. No. 104 of 2018 18. order dated 31.05.2018 passed by the NGT in O.A. No. 104 of 2018 Annexure A-7: Copy of| 174-17519, ~ 20. nexure A-8: Copy of order dated 19.07.2018 passed by the NGT in 0.A, No, 104 of 2018 176-177 Annexure A-9: Copy of| order dated 23.08.2018 passed by the NGT in O.A. No, 104 of 2018 178 - 186 2h, ‘Annexure A-10: A copy of the Respondent No. 6's Guidelines dated March 2019. 187 - 212 22. Annexure A-11: Copy of order dated 02.05.2019 passed by the NGT in O.A. No. 104 of 2018 213 - 214 23, Annexure A-12: Copy of order dated 22.07.2019 passed by the NGT in O.A. No. 104 of 2018 215 - 219 24! Annexure A-13: Copy of order dated 27.02.2020 passed by the NGT in O.A. No. 104 of 2018 220 - 229 25. jorder dated 20.11.2020 Annexure A-14: Copy af] passed by the NGT in O.A. No. 104 of 2018 230 - 245 26. Annexure A-15: Copy of order dated 24.06.2021 passed by the NGT in O.A. No. 104 of 2018 246 - 279 28. | Application for — ex-parte Stay 280 - 286 Application for exemption from filing Certified copy of the impugned Judgment 287 - 28929. Application —— seeking permission for filing the Civil Appeal 30, | Memo of Parties 296 31. | F/M 297 32. | 298-299 | Vakalatnama & Appearance |IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2021 M/s. Hindalco Industries Limited «Appellant Versus Shivpa! Bhagat & Ors. Respondents OFFICE REPORT ON LIMITATION 1. The Petition is/are within time. 2. The Petition is barred by time and there is delay of —_____lays in filing the same against Order dated 15.02.2022 petition for condonation of days has been filed. 3. There is delay of days in refilling the petition and petition for condonation of days delay in refilling has been filed, Branch Officer Dated: 13.04.2022A-/ PROFORMA FOR FIRST LISTING SECTION-XVIL ‘The case pertains to (Please tick/check the correct box): Central Act : Title: National Green Tribunal Act, 2010 (1 Seetion: 22 (J Central Rule : (Pitle): N.A. Rule No(s) :No (State Act: (Title): N.A. Section : NA. 1 State Rule = (Title)N.A, OD Ritle No(s): NA. CF Impughed Interim Order : (Date) : N.A. 1 Impugned Final Order/Decree : (Date): 15.02.2022 1 High Court : QName): NLA.. Name of Judges: Hon’ble Mr. Justice Adarsh Kunar Goel, Chairperson Hon'ble Mr. Justice Sudhir Agarwal, Judicial Member Hon*ble Dr, Nagin Nanda, Expert Member {1 Tribunal’ Authority : (Name): Ld. National Green tribunal, Principal Bench, New Delth 1, Nature of matter : “ 2. (a) Petitioner/appellant No.1 ; M/s, Hindalco Industries Ltd. (b) e-mail ID: NA. (c) Mobile phone number: N.A 3. (a) Respondent No, 1: Shivpal Bhagat & Ors. (b) e-mail LD: NA (© Mobile phone number: N.A. 4. (a) Main category classifi il 1 Criminal jon: 18- Ordinary Civil Matersare (b) Sub classification: 1807- Others Not to be listed before: N.A. 6. (a) Similar/identical Disposed of matter with citation, if any, & Case o details: No any similar/identical disposed of matters (6) Similar/identical pending matter with case details: No. any simnilar/identical matter 7. Criminal Matters: No (a) Whether accused/conviet has surrendered: Yes, ONo (b) FIR No. Date: N.A. (e) Police Station: N.A. (d) Sentence Awarded: N.A, (e) Sentence Undergone: NA. 8. Land Acquisition Matters: No (a) Date of Section 4 notification; NA. (b) Date of Section 6 notification: N.A. (©) Date of Section 17 notification: N.A. 9. Tax Matters: State the tax effect: N.A. 10. Special Category (first petitioner/appellant only): No J Senior citizen > 65 years [1 SC/ST 1 Woman/ehild [) Disabled (| Legal Aid case || In eustody 11. Vehicle Number (in case of Motor Accident Claim matters): Date: 13.04.2022 Mahfe A Naoki AOR for ffoer(sVAppetian(s) Regi No, 2744 mahfooznazki@elp-in.com8 The present appeal is being filed under Section 22 of the National Green Tribunal Act, 201@ (“NGT Act”) against order dated 15.02.2022 passed by the Principal Bench of the National Green Tribunal at New Delhi (*NGT”) in Original Application No. 104 of 2018 (“Impugned Order”). By way of the Impugned Order, the NGT has arbitrarily, perversely and in gross violation of the principles of natural justice, without issuing notice to the Appellant, levied interim compensation of an amount of INR 2,09,40,000/- (Rupees two crore nine lakhs forty thousand only) upon the Appellant, relying solely upon the recommendations of an Oversight Committee without itself undertaking any independent application of mind or adjudication whatsoever. Further, the NGT has directed that such interim compensation be deposited by the Appellant within 2 months and called upon the Appellant to appear before the Oversight Committee only on the issue of enhancement of compensation, SYNOPSIS Itis submitted that contrary to the statutory mandate cast upon the NGT under Sections 14 and 19 of the National Green Tribunal Act, 2010 (“NGT Act”), to “hear” and “settle” disputes in accordance with the principles of natural justice, the NGT delegated the entire judicial function of hearing and settling the dispute as well as affixing compensation, upon an ad hoc Committee constituted by itself, thereby completely abdicating its statutory obligation. The Notice of the underlying Original Application No. 104 of 2018 filed by the Respondent No. 1 before the NGT was never issued to the Appellant. The Impugned Order deserves to be set aside on this ground< alone.The Impugned Order is perverse on account of the following additional reasons: 1. The primary allegation raised In Original Application No. 104 of 2018 appears to have been that operation of Thermal Power Plants and Coal Washeries in Tamnar and Gharghoda blocks of Raigarh District in Chhattisgarh had resulted in contamination of air, water and land and adversely affected environment and Inhabitants. The Impugned Order has been passed without conducting any scientific evaluation to determine the veracity of such allegations and the extent of, if any, of such alleged degradation or the Appellant's contribution to such degradation, if at all. It was necessary to undertake such evaluation before imposing compensation. 2. Solely relying on the report filed by the Committee, the NGT has held the Appeliant responsible for alleged failure to comply with the condition of “flyash utilization in OB dumps and stowing" from 2.01.2020 till 30.11.2021 without specifying: a. the mine with respect to which such alleged non-compliance relates. b. whether the Appellant was held responsible for failing to utilize flyash in overburden dump or in internal overburden dump or in stowing, all three having different meanings and connotations. Clearly, the Committee did not infact investigate whether the Appellant had infact violated applicable laws. External overburden dumping relates to opencast mines. Internal overburden dumping means backfilling of de-coaled mine voids with overburden generated during mining. Stowing relates only to underground mines and means filling of mine voids with non-combustible material.db 3. The Committee has treated two separate mines allocated to the Appellant, |.e, Gare Palma Iv/4 (“GP 1V/4”), which is partially Underground and partially opencast and Gare Palma IV/5 ("GP 1V/5") which is fully underground and has been surrendered by the Appellant in December 2019, as a single unit and visited the “site” on a single date, i.e. 24.11.2021, 4. It is clear that the Impugned Order has been passed based on the subjective evaluation of the Committee based on its Purported field visit only. Had the Committee or the NGT examined the records pertaining to the two mines it would be clear that GP 1V/4 and GP IV/S are separate mines which required separate evaluation. The NGT and the Committee failed to consider much less appreciate, the following relevant facts: a. The GP IV/4 mine, comprises of a lease area of 884.846 ha and employs both, underground as well as opencast mining methodology. On the other hand, the GP Iv/5 mine comprises of a Jease area of about 860.068 ha and employed only underground mining methodology until it was surrendered by the Appellant in December 2019 b, Both mines are separate mines having separate leases, Environmental Clearances, Consents to Operate and other approvals and have disparate factual and regulatory matrix and required to be dealt with separately. c. Both mines were deallocated vide orders dated 25.08.2014 and 24.09.2014 of this Hon’ble Court in Writ Petition (Criminal) No. 120 of 2012, titled as Manohar Lal Sharma v. Principal Secretary & Ors., and were operationalized by their respective Prior Allottees prior to deallocation. d, The external overburden dump in respect of the GP IV/4 mine was created by the Prior Allottee in accordance with the mineé plan and mine closure plan. The Appellant has not added even an inch to the external overburden dumps in GP 1v/4. e, The GP IV/5 mine being an underground mine, does not have any external overburden dump. As such the Issue of flyash utilization in external overburden qua GP IV/5 mine does not even arise. 5. Further, the Impugned Order has been passed without undertaking any analysis or discussion whatsoever, on the applicable regulations. The following regulatory framework of fiyash utilization in mines have been completely ignored by the Committee as well as the NGT: ‘a. That flyash is potentially harmful to soil and also poses safety risks if disposed of in working mines and is required to be disposed of scientifically. b. That it has been acknowledged by the Ministry of Environment, Forests and Climate Change ("MeEF&CC") that until 2019, there were no specific guidelines or methodology available for safe disposal of flyash so as to minimize the dantage to the environment. The following extract from Office Memorandum dated 28.08.2019 issued by MoEF&CC is relevant and has not been considered by the NGT or the Committee: "6. . The EAC mentioned that though the Fly Ash Notification, 1999 and subsequent amendments allow the unrestricted use of fly ash in abandoned mines, low Iying areas, soil conditioner in agriculture, there are no specific guidelines/ methodology available for safe disposal of flyash so as to minimize damage to the environment. In absence of methodolegy, EAC has been examining the proposals on case to case basisF and recommending for disposal of flyash in abandoned mines. Further, the EAC has also expressed concerns over the fong term impact of fly ash disposal on groundwater, soil quality and impact .on associated flora and fauna, Now, thé guidelines, for disposal of Hy ash utilization in.Jow lying areas aad mine voids have been prepared hy the Central Pollution Controf Board and placed before the EAC {Thermal Power and Coal Mining) in its meeting held on. 12.7/2019." (Emphasis-added) ¢. That guidelines for safe disposal of flyash in.mine voids were published by the Central Pollution Cortrot Board (“CPEB”) only in 2019. Even the Guidelines framed by CPCB in 2019 contemplated disposel of flyash only in abandoned mines and further tequired conduct of area specitic study before utilization of flyash for backfilling mines and such activity to be undertake vider guidance of the Directorate General of Mines Safety (‘DGMS"), The following extract from the Guidelines framed by the CPCB in 2019 is relevant and. has not been considered by the NGT or the Committee: "6.0 Disposal of flyash in voids of abandoned mines As per notifications 1999 and 2009, power plant shail undertake or approve stowing of mines without using at least 25% of fly ash on weight to weight basis, of the total stowing materials used. Mine vold filling on pilot basis is being carried out at the power plants of NTPC Uid., Bhushan Steel and NALCO in Odisha with prior permission from MoEF & CC and OSPGB. Based on their3 experience and study conducted by CMPDIL, Ranchi for NTPC Talcher, following methodology is suggested: for filling of mine voids with flyash. 6.1 The power plant authority shall carry out following Study prior to taking up ash disposal-activities tn’ mine void to ensure no change/damage/deterioration .in water quality and hydrology in.and around the proposed area: « Ash Characterisation and Leachate Study (Table 1.1) «. Techno-&conomic Feasibility Study tor disposat of ash into the Quarry ¢ Topographical Survey of Pipeline Corridor & Mine Void area » Feasibility of transportation of ash to mine void = Geotechnical study of the Pipéliné Corridor & Mine. Void area * Pre and post filing mine water quatity including feachability of metals (Tabie 1.1) d. That the 44" meeting of the Standing Committee on Safety in Coal Mines held on 12.02.2020 considered inter-alia, safety issues related to fly ash dumping in Open Cast mines and noted inter-alia the following concerns that are relevant for the present civil appeat: ‘i, Shri Surender Kumar Pandey of BMS mentioned that ‘one ‘Overman was fatally injured due to a slide of fly ash dump at Gare Palma OC Mine and he desired that dumping of fly ash in all running OC mines should be stopped.ii, -It was acted that dumping of fly ash in mines.is being done as per MOEFE&CC directives and.a meeting with MOEFRCC with other stakeholders including DGMS was hetd for detailed discussion on. ramifications on mine safety. It was also noted that as. per the discussioné fly ash dumping tas been atlowed only in abandoned mines, and dumping should not be done in working mines.” . (Emphasis added) 2, That subsequent. notification dated 31.12.2021 of the MoEF&CC ("2021 Flyash Utilisation Notification”) fixed the primary obligation for disposal of flyash Upon thermal power plants and reiterated that the CPCB Guidelines as well ag DGMS guidance must be followed. The following extract from the 2624 Flyash Utilisation Notification is relevant and has not been considered by the NGT or the Committee: “B. For the purpose of utilisation of ash, the subsequent sub-paras shall apply. XXX (1) it-shail he obligatory on all mines located within 300 kilometers radius of thermal power plants, to under take backfilling of ash in mine voids or mixing of ash with external Overburden dumps, under Extended Producer Responsibility (EPR). All mine owners or operators (Government, Pubiic and Private Sector) within 300 kilometers (by road) from coal or ligaite ‘hased thermal power plants, shail undertake measures to mix at ieast 25 percent of ash on weight to weight basis of the materials used for external dump. ofL overburden, backfilling or stowing of mine (ranning or abandoned as the case may be) as per the guidelines of the Director General of Mines Safety (DGMS). ‘Provided that such thermal power stations shait facilitate the availability of required quantity of ash by delivering ash free of cost and bearing the cost 6F transportation or cost or transportation arratigement decided on mutuaily agreed terms and aibdng of ash with overburden in mine voids and dumps. shall be applicable for the overburden generated front the date of publication of this notification and the utilisation of ash in the -said activities shall be carried out in accordance with guidelines laid down by the Central Pollution Coritrol Board, Director General Of Mine Safety and Indian Bureau of Mines. Explanation.- For the purpose of this sub-paragraph, it is also clarified that the provisions of ash free of cost and free Wansportation shalt be applicable, if thermal power plants serve a notice on the mine owner for the same and the mandate of using 25% of ash for mixing with overburden dump and filling up of mine voids shall not be applicable unless a notice is served on the mine owner by thermal power plant. XO” (Emphasis Added) f. That further, the manner of creation of overburden dump, backfilling of mine voids and stowing are predetermined in the mining plan and mine ciosure plan which are duly approved ay the Ministry of Coal, Government of India. Rule 9(1) of the7 Mineral (Conservation and Development) Rules,1988 and Rule 224 of the Mineral Concession Rules, 1960 mandate that mining: operations tust be conducted as per the approved niining plari and mine closure plan. Even the 2021 Flyash Utilisation Wotification required revision of extant mine plans and mine closure piang prior to utilizing flyash in Overdurden Dumps and filling mine voids. §. The Committee and the NGT failed to appreciate that the Appellant has coriducted its dperations in the GP'IV/4 arid GPIVS: mines as. per their respective mining plans.and mine closure plans and could not have deviated from them without-revision of the plans after following due process. The Committee and thé NGT also failed to consider or appreciate that the Appellant had already initiated the. process.for revision of-riine plan and.ming closure plan and had duly sought guidance ‘of the DGMS.on account of the peculiar circumstances of the Gare. Palma mines. Once again, the Committee and NGT failed to appreciate that {hé Gare Palma mines had atready reached an advanced stage of development In the hands of the Prior Alfottee and it was difficult to accommodate. any further material in stowing or interna! overburden dump without compromising safety, 8. Most importantly, the Committee and NGT did not even consider s that the primary obtigation for disposal of flyash is upon the generator of flyash i.e. thermal power plants. Even as per the 2021 Flyash Utilisation Notification, the Appeliant could not have been held responsible for failure to utillze flyash in its mines untess it were.shown that a thermal power plant had approached it to use Its flyash and the Appellant had declined.e & g. That further, the NGT has blindly recorded stray observations made by the Committee that the Appellant had planted ‘ornamental plants which were very small and that their survival was in question and that plantetion was inadequate, Such ‘observation was also made without reference to records or any actual data and moreover Is contrary to the latest inspection report of the Chhattisgarh Pollution Control Board. 10. Further, by the Impugried Order, the NGT has levied interim -compensation on the Appeilant without-having rendered any finding of actual damage to the environment and the:Appellant’s contributién if any, ta such damage. ii. Without prejudice, the judicial function of computing and fixing compensation has been delegated by the NGT to.an adhoc Committee which has applied a formula devised by the CPCB which has no basis.in law. 12. ‘Without prejudice, the manner of application of such ad hoc formula Is also perverse. It appears that interim campensation has been imposed on the Appellant for allegedly failing the condition as per Consent to Operate (“CFO”) issued by the State Pollution Control Board on 02.01.2020, for “fy ash utitisatian in ‘OB dump and stewing". Even though admittedly, the condition for fly ash utilisation in OB dump and stowing was imposed for the first ime under CTO dated 02.01.2028, the period of non- compliance has been computed from the same date, i.e. 02.01.2020. It defies reason and fogic as to how the Appellant could have complied with a condition for disposal of flyash from ‘the date of imposition of the condition itself. 43. It is respectfully submitted that the topsided manner of conduct of proceedings by the NGT reflects bias and has resultedLb in failure to facilitate the revelation of the real issues Involved in “the matter and an effective settlement of disputes. Hence, the present Civil Appeal. Date 14.09.1999 03,11,2009 LIST.OF DATES AND EVENTS Particulars ‘The: Respondent No. 3 promulgated a notification mandating utilization of flyash in ‘the manufacture of building material and in construction activity within a specified radius ‘of 100 kilometers frarn coal or lignite based thermal powsr plants ("Fly Ash Utilisation Notification”). ‘The Respondent No. 3 amended the Fly Ash Utilisation Notification, introducing obligations an persons operating mines within 50 kilometers by road of coal or lignite based thermal power plants to undertake stowing by utilizing atieast 25% of flyash on weight to weight basis of the total stowing materials used, under the guidance of the Director General of Mines Safety (‘DGMS") (2009 Flyash Utilisation Notification"). A similar obligation was also introduced with respect to external overburden dump and upper benches of backfilling. of opencast mines wherein persons operating mines were prohibited from(25.08.2014 and 24.09.2014 23.03.2015 undertaking the same without utilizing atleast 25% of flyash on weight to weight basis of the total jnaterials used, under thé guidance of the DGMS. This Hon'ble Court in Writ Petition (Criminal) NO. 120.0f 2012, titled as Manohar Lal Sharma v. Principal Secretary & Ors.; deailocated 204 2031 blocks after holding that such allocations were invalid, unfair and arbitrary and suffered from diverse infirmities and flaws. ‘The 204 coat blocks that were deallocated by this: Hen’ble Court ‘included the Gare Palma IV/4 ("GP IV/4") and Gare Pata Tv/5. GP. Ivf") mines which had been previously alfocated to Jayaswal Neco Industries and Mennet Ispat tid. respectively (“Prior Allottees”) and which are the subject matter of the present Appeal. The GP IV/4 and GP IV/5 mines were operational mines at the time of their déaliocation. Pursuant to separate auctions conducted under the Coal Mines (Special Provisions) Ordinance, 2614 (later replaced by the Coal Mines (Special Provisions) Act, 2015, (*CMSP Act”) and the Appellant being declared as the Successful Bidder with respect to the Gare Palma iV/4 and GP IV/5 mines and both mines26.04.2045. 16.04.2015 03.12.2015 04.04.2016 were: vested upon the Appellant en the same date, The Environmental Clearance CEC’) dated 12.03.2013 with respect to GP 1V/4, originally granted’ "to Jayaswal Neco Industries, was transferred to the Appeltant. The EC was for prodtiction of 1 MPA of coal (0.6 MTPA underground and 0.4 MTPA opencast) In ming lease-atea and did fict contain any conditions with respect to flyash utilisation. ‘The EC dated 31.08.2000 with respect to GP IV/5, ofiginatly granted to Monet Tspat l.td., was tfansferred to the Appeliant. The EC for GP IV/5 was for production of 1 MTPA of coal through uiderground mining and aiso did not contain. any conditions with respect to flyast utilisation. ‘The Appellant commenced mining operations in GP IV/4 inter-alia, as. per the mining plan, EC and Consent to Operate (CFO") transferred or issued to the Appellant. The mining plan, which included provisions for inter-alia, overburden dumping, internal overburden dumping, backfilling and stowing, did not provide for utilization of flyash. The Appellant commenced mining operations in Gare Palma IV/5 inter-alia, as per the mining pian, EC and Consent to Operate ("CTO") transferred or issued to theMarch 2018 06.03.2048. 20.03.2048. 01.05.2018 31.05.2018 Appetiant. The mining plan, which included provisions for inter-atia, overburden dumping, interrial overburden dumping and stowing, did not provide for utilization of flyash. The Respofident No. 1 appears to have preferred Original Application No. 104. of 2018 befere the NGT alleging pollution and environmental degradation caused by thermat power plants and coal mines:in the Tamnar and Ghargheda blocks of the Raigarh District, Chhattisgarh Cunderlying proceedings”) without impleading the Appellant. Am order appears to have been passed in the tinderlying proceedings directing ~— the. Respondent No.i to implead necessaty parties. The Respondent No. 1 appears to have sought further time before the NGT to impiead necessary parties in the underlying proceedings. It appears that upon faiture of the Respondent No. 1 to take necessary steps, the underlying proceedings were permitted to be withdréwn by the NGT with liberty to file afresh with proper memo of parties and pleadings. It appears that the Respondent No. 1 sought correction in NGT’s order dated 01.05.2018 which request was declined. The NGT once again reiterated that the Respondent No. 119.07.2018 23.08.2048 March 2019 must make proper pleadings and implead necessary parties. ‘On this date, the constitution of the Bench of the NGT which was hearing the underlying proceedings appears to have changed. The order of the NGT records certain directions as regards. pre-requisites for approaching the NGT and simply a direction to Ist the ‘underlying proceedings on 9.08,2018. On this date, the NGT simply records various allegations. made by the Respondent No. 4 against inter-alia, the Appellant and proceeds to refer the underlying proceedings to a Committee appointed by the NGT in a ~ different matter; viz., Dukalu Ram & Ors. Vs Union of India & Grs, OA No. 200/2078 (Dukalu Ram”), It is pertinent to note that the NGT did not deem it necessary to issue notice to the Appeliant. The Appeliant Is also not @ party to Dukaiu Ram. ‘The Respondent No. 6 issued the “Guidelines for disposal / utilization of Fly Ash for reclamation of Low Lying Areas and in stowing of Abandoned mines / Quaries” (*CPCB Guidelines”). The CPCB Guidelines: records that mine void filling on pilot basis was being carried ‘out at the power plants of NTPC Ltd., Bhushan Steel and NALCO in Odisha with prior permission from the Ministry of Environment,02.08:2019 Forests & Climate Change and Odisha State Pollution Conttoi Board and that based on their experience and study conducted by CMPDIL, Ranchi for NTPC Taicher, it wes ‘suggested that the power plants should carry out the following study prior to disposing Fly ash in mine voids to ensure that no change/damage/deterioration in water quality arid hydrology in and around the praposed areas took place: @) ash chafaeterization and leachate study, {i techno ~ economic feasibility study for ‘disposal of ash into the quarry, (il) topographical survey of the pipetine corridor and mine void area, Gv) feasibility of transportation of ash to. maine void, {v) geatechnical study of pipeline corridor and mine void area, (vi) pre-and post filling mine water quatity including leachability of metais study. ‘On this date, the NGT appears to have reconstituted the Committee formed by it on 23.08.2018, Notice of the underlying proceedings was still not issued to the Appellant.24.05.2019 June 2019 22,07.2019 28.08.2019 ‘The Respondent No. 3 amended the EC for the Gare Palma IV/4 mine revising mining operations as under: [Mining Method | Proposed Production Capacity POpencast ~~" OES HT PA (increase | | by 0.16 MTPA) | Underground ~~ [0.44 TPA] (Decrease by 0:16 MTPA) The Appellant ceased operations in the undergrodnd part of the GP IV/4 mine as development in the underground. workings was complete. The NGT observed that the Committee constituted by its order dated 23.08.2018 in the underlying proceedings had not exhaustively addressed issues required to be gene into and formed a fresh Committee. Notice of the underlying proceedings was still not issued to the Appellant. The Respandent No. 3 issued an office memorandum notifying change in conditions stipulated in the EC of thermal power plants. and coal mines in line with the Fly Ash Utilisation Notification (°2019 OM"), The Respondent No. 3 acknowledged that until the publication of the 2019 OM, there were noDecember 2019 specific guidelines/methodology available for safe disposai of flyash so as to minimize the damage to the environment and that the Environment Appraisal Committee ("EAC") had expressed concerns over Idha term Impact of flyash disposal on groundwater, soil ‘quality and impact on associated flora and fauna. Fhe 2019-OM prescribed replacement Of-existing conditions.in ECs of thermal power plants and coal mines which prohibited the usa of flyash in abandoned mines/law lying areas/soil conditioner in agriculture with inter-alla the following conditions: * | The guidelines prepared by CPCB for disposal of flyash for reclamation of low lying areas and in stowing/backtilling of abandoned mines/ quarries shall be followed during disposal of flyash in abandoned or working mines as, as annexed. XXX ix, Approval fram DGMS shat! be abtained before disposing the ash in the mine voids. XXX” (Emphasis added) The Appellant ceased operations in the Gare Palma IV/5 mine pursuant to surrender of the mine,02,01,2020 27.02.2020 16.07.2020 The Respondent No. 4, renewed the CTO with respect te the Gare Palma IV/4 mine from 14.2620 till 31.03.2021. and for the first time imposed conditions imposing obligation to comply with, the 2009 Flyash Utilisation Notification for utilisation oF flyash iv overburtien and backfilling, The CTO: further mandated that extensive tree plantation shall be carried out in the open areas available within and around the plant premises in the cutrent morigoon season and that fruit ‘bearlag: trees like mango, tarnarind, guava, etc.,. shall be given preference. The Committee formed on 22.07.2019, filed its report dated 14.10.2019 before the NGT bn 15,10.2019.-A perusal of this order clearly shows that the NGT completely abdicated its responsibitty of adjudication qua the allegaifons raised by the Respondent No. 1 and entrusted such responsibility to the Committee. The NGT accepted the Committee’s findings and recommendations without affording any opportunity to the Appellant to respond to the same. The NGT converted the same Committee into an Oversight Committee, Pursuant to order dated 27.02.2020 passed by the NGT Ih the underlying proceedings, the Respondent No. 6 served notice upon the17.67.2020 30.07.2020. 05.08.2020 Appellant directing it to inter alia comply with the following: > * Coal mine to accept fly ash of Thermal Power Piants for disposal through OB dump and backfilling.” The Appellant submitted compliance report to the Regional Officer, Chattisgarh Environment: Conservation Board; Raigarh with respect to Gare. Palma Iv/4 pursuant to its letter dated 43.07.2020 and order dated 27.02.2020. passed by the NGT in OA No. 104 of 2018. The. Appellant stated inter-alla as fatiows: 3) the permissions of prior allottee did not contain any conditien as regards Utilisation of flyash in OB dumps, b) Since the height of existing OB dumps could not be- increased, it was difficult to accommodate flyash in éxisting dumps. ‘The Appellant submitted compliance report to the Regional Director, CPCB with respect to the GP 1V/4 mine pursuant to its notice dated 46.07.2020 and order dated 27.02.2020 passed by the NGT in the underlying proceedings. The Appellant: submitted compliance report to ‘the Regiona! Director, Central Pollution Control Board with respect to GP IV/5 mine pursuant to its notice dated 16.07.2020 and. 20.11.2026 96.02.2021 06.03.2021 order dated 27.02.2020 passed by the NGT in tbe underlying proceedings. The NGT records that the Oversight Committee filed its report on 47.11.2020. From a reading éf this.order It appears that.no adversé observations were recorded by the Oversight Committee against the Appeliant, The Chhattisgarh Environment. Conservation Board recommended the renewal of the CFO forthe GPiv/5 after conducting inspection of the mine when the following was found: (i) _ That the mine was not operational; (i) That the Appellant had installed ETP to treat the waste water from the mine which was found operational; (ii) The treated water frem the ETP plant was utilized after further jreatment through RO for in-holise drinking water, water sprinkling, plantation. and supply —to neighbouring villages. (iv) ‘That the Appellant had done plantation over 830 hectares. ‘The Respondent No. 4, renewed the CTO with respect to the GP IV/5 mine from 01.04.2021 till 34.03.2023 pursuant to the Appellant's request. The Appellant sought request for extension of the CTO despite surrender of the: mine in order to comply with conditions as23.03.2021 16.04.2021. 24.06.2024 ‘31.12.2021 yegards maintenance of — environment safeguard in the mirié until the mine could be fanded over {o the Central and State Government. ‘The Respondent No, 4, renewed the CTO with respect to the GP IV/4 mine from 01.04.2021, tit 31.03.2023. The Oversight Committee, through the CBCB, filed its report before the NGT in respect of field visits conductéd between 15.03.2017 and 17.03.2021. The NGT accepted the report filed on 46.04.2021, without issuing notice fo the Appellant and permitted the Oversight Committee to assess compensation for alleged violations, The NGT appointed Justice WK: Stivastava (Retd.}, Hon’ble High Court of ‘Chhattisgarh, as the new head of the ‘Oversight Committee, The. Respondent No. 3 issued a further notification in supersession of the Flyash Utilisation Notification imposing separate responsibilities pon thermat power plants to dispose flyash and bottom ash and upon agencies which could assist in utilising flyash (©2021 Flyash Notification’). The primary obligation for disposal of fly ash was cast upon thermal power piants. Para A (2) in this regard is raproduted below:“A. Responsibilities of thermal power plants to dispose fly ash and bottom ash.- @ Every coal or lignite based thermal power plant Cinchiding captive or co-generating stations or both) shall be jerimarity responsible to ensure 100 per cent utilisation pf ash (fly ash and bottom ash} generated by it in ar eco-fHendly manner as given in Sub-paragtaph (2) RRKX” emphasis added) The corresponding responsibility imposed upon mines was'as follows: “8. For the purpose of utilisation of ash, the subsequent sub-paras shall apply.- KKK @ It shall be obligatory on all mines located within 300 kilometers radius of thermal power plants, to under take backfilling of ash in mine voids or mixing of ash with éxternai Overburden dumps, under Extended Producer Responsibility (EPR). Ail mine owners or operators (Government, Public and Private Sector) within 300kilometers (by road) from coat or lignite based thermal power Plants, shall undertake measures to mix at least 25 percent of ash on weight to weight basis of the materials used for-extérnal dump of overburden, backfilling or stowing of mine (running or abandoned as the case may be) as per the guidefines of the: Director Genera! of Mines Safety (DGMS). Provided that‘ such thermal power Stations shail facilitate the ‘availability of required quantity of ash by delivering ast free of cost. and bearing the cost of transportation ‘or cost of transportation arrangement decided on mutually agreed terms and anixing of ash with overburden in mine voids and dumps shalt be applicabie for the overburden generated from the date of publication of this notification and the utilisation of ash in the said activities shall be carried out in accordance with guidelines laid down by the Central Pollution Centro! Board, Director General Of 793.04.2022 Mine Safety and Indian Bureau of Mines. ‘Explanation.- For the purposa.of this sub-paragraph, it is also clarified that the provisions of ash free of cost: and free transportation shall be applicable, ff thermal power piants serve 2 notice on the mine owner for the same and the mandate of using 25% ofash for mixing with overburden dump and filling up of mine voids shall not-be applicable untass a notice is served on the mine owner by thermat power plant. XXX” (Emphasis Added) ‘The Appellant wrote ta the DGMS with respect ‘to the Gare Palma Iv/4 mine seeking guidance and the way forward having regard to inter alia, the following concerns: fa) As per the recommendations of IIT (ISM) Dhanbad, basis which the Mining Plan was approved by the Ministry of Coat, Government of India, the maximum height of the internal dumping in de-coaled area of backfilling could be 70 m above over ground tevel. ‘Therefore, addition of any further material, i.e., flyash, would require15.02.2022 03.03.2022 13.04.2022 increasing the height of dumps beyond the recommended height. {b) Onaccount of the limited space available for dumping overburden the Appellant was already facing difficulties in accommodating overburden generated in'situ during the mining process. (©) Given: the fimitations on movement of trucks using mined out material and trucks carrying: fly ash, there was @ possibility for accidents. {d) Since fiyash. has a tendency to Be airborne it may create potential health issues. The NGT passed the fmpugned Order Imposing environmental compensation upon the Appellant for an amount of INR 2,09,40,000/- (Rupees two crore nine lakhs forty thousand only) to be deposited within 2 months; subject to reconsideration as regards adequacy, relying soisty upon the repart of an Oversight Committee constituted by the NGT, without Itself undertaking any adjudication whatsoever. The Appeliant received notice from the Respondent No. 4 directing It to pay the compensation as per the Impugned Order, Hence, the present Civil Appeal. zy @item No. O (CourrNe. ty BEFORE THE NATIONAL GREEN TRIBUNAL ‘PRINCIPAL BENCH, NEW DELHT (By Video Conferencing} ‘Original Application No, 1904/2013. (vith LA. Nos, 97/2023 & 40/2022 Shivpal Bhagat & Ors, Avolicentis) Versus Union of india Ore Respondent(s) Date of hearing. 18.02.2022. CORAM: — HON'BL MR. JUSTICE: ADARSE KUMAR -GOBL, CHAIRPERSON MOWBLE ME. JUSTICE SUDHIN AGARWAL, JUDICIAL MEMBER BON BLE DR, NAGIN NANDA, EXPERT MEMBER PorAppicant: in Devas Chouhhan, Advecate or Appiieade Nat Mr. Beuasbla Stans, Bdvacate or Appiteante Ho, 2 to 6 ‘Mrs domi Shy Poarict, Adeschte i LA 40/2022 ‘tor Respondent: Mr. Raj Kuranr, Avocet for CHCl Me-Ratinak.ta, Advocate tor SUUBL ORDER 1. ‘The issue for consideration is the remedial action against pollution caused by the Thermal Rower Plants and Coal washeries in Tarimar and Gharghoda blocks of Raigarh District in Chhattisgarh, meluding M/s ‘Astibuja Cement Limited Coal Mine (GP 1V/8) and M/s Mahavir Energy aod: Ceull Bebefication Limited, M/s IRN Energy Private Limited, Rowapasa Raigarh, M/s Hiudaleo Industries Limited Coal Mine, , M/s viindat Steel & Power Limited, Dongramau, Tamnar, M/s, Cihattiogarh Slate Power Generation Company Limited and M/s Jindal Power Ltda, ‘Tamnnr, Operation of said units is regulting in contamination of air, water and land and having adverse impact on the environment and the habitants, Water and soil have toxic metals, having potential for health bezard, requiring monitoring of emissions, making the polhiters2 acgmutitable und regulating the polluting activities, Furthed. in view of dust pollution due to mbsence/insufficient roads, PWD has to take remedial action. In view'af damage caused to the health, Health Departinast of the State is tochold hedilth camnpis and sivovide health facilities to the vietims, ‘the Chief Secretary, Chiattisyach is to oversee. The matter Has been dealt witli eaitietin the last more thon thren yearé‘and factual reports have bees submitted hy statutory eegulstors hased: on which the Tribunal has digected Yemedial cetion. Adequacy of sith action and further directions ath ty he corisidereil. We inuy refer-to the cadlier proceedings and alter considering current status pass firttier order. Rescdatal History 2. ‘tihiler iredtione ‘of this THmmnal in the fight of facte pleaded, ax Kikpert Comiiiitiee waa teqhired ju verify fete and furnish @ report Accordingly, the Comznittee furnished its report dated 14.10.3019, after. visiting the sites and considering earlier reports on the subject The Chirmittee considered the sitigation menzures required 16 We‘adopled. by die Thermal Power Plants arid the Coal vasherics, The Committee dealt ‘with thie Issues of ground water depletion, 26:1 pollution, forest loss and ‘iwelibood Joes were requried to be adtiressed far which short term and lang terme measures were suggested. The Tribunel dirceted remediat action the dealing with the deficiencies neeordingly. Purther direction was to review the ckidting arrangements and faralshing 0 further report 3. The matter was further considered on 20.11.2020 ia the light of (CPCB report deted 17.11.2020 giving the comptiance status with reference to directions of this Tyihyoal in a tabular form and also making further rucbminendations inter alia on the subjects of providing health facilities for the vietimg, eénstruction of roads and availability af abandoned coal -talnes, The Tribunal also isenéd directions to the Health and PWD Departments of Chhattisgarh Government and South Raster Coal Fields, Tie drifunel aise direcied consideration of suiggestions of the applicants for takeing tive precautions in the cattsi.of dumping in fow lying aren, Last. order dated 24,6.2021 notiving the compliance status and Wreotiouss for remedial action 4. ‘The mnstter was last considered on 24.06.2021 ib the Hight of further report by GPU dated 16.04.2031 after conducting the Reld visit, The report gave stafun of compliance.ns o9,15.03,2024. The Tthunal accepted the Fecommendations of the Conmiltee which were based an objective consideration of fhe muterinl on regent, Directions were alse issued to the ‘State Boarif to prepare list of the areay where Unstlentific disposal of fly ash Wad taken place and for remedial action tn. the, matter of providing. health Tacitities, construction’ of necessary road to prevent. further pollution, scizntific disposal. Gf the fly ash and ssgessment of ‘compensation for' the past, violations, Havieg reyard tw the continued violation of serious natuyo, Une Tibunal directed that Gversighit Committees will dow be headed by a former Judge of High Court for a period of six months from the date he joins the first meeting of the Commitee, ‘Whe operative part of the order dated 24.06.2021 is ws fotios 108 2 coerce er a 4. Inpursuance of above, a further report has been filed by CPCB on 16.04.2021, The Commitice held meetings during 15%-17™ March, O21 and.also conducled fielt visi. The strtus of compliance as an 15.03.2021 has been given ing tabular form. Pield observations and recommendations have alsa teen mentioned. Relozunt extracts from the repurt are reproduced bela: “in compliance of Man'ble NOT ortler dated 20.11.2020 (Annexe 9, the 3rd virtual meeting of over sight committee was conducted an 2ELL2020, Copy af the minutes: of this: meeting fs placed at Annexure As decided in the meeting, 3rd fielt visitos Ghaghodaand Tamaar area tr Roigarh wos conducted during 18-17% Mach 2081 toadres the suggestions given hy the anplicant by wey of written submission fled on £6.122020 and to asscos progress or the grauad in, ferns of compliance uti short term recoramenctations. ‘The Oversight eoinmittee he’s condicted meeting with appicarst on 15.03.2021 in. the mepting hall-of Célector Raigarh. Sh. Bhim ‘Sint, JAS, Cellector Reigarh wes alsa with other member of thn Oversight: Commiltee, As decided in the meeting on 27,1.2020.8h, Shigpel Bhogat, (Anplich) was dyorne” Adud sehizdute of the inketing Uhrongle e-mail on. 12.03.2021 ane thmmagh nora on. 4£5.08,2021.. Cop of the mail és placed ot Annexure. Three applicants out of Se huawe attended the mecteyy vie Sh, Stixari Gupig S/O Mansha Rant Gupte Applicant 4), Ms, Rinchin D/O Bina (Applicant 5) andi Janki Sidar W/o Bhatet Sicha flpplicant 8) All three. oppilioants were then ingited to join the Oversight Committee in its field ESL an ISR oft 16 taweh 2021 Contaninated sites anit Jig ash disposal sites shown by the Applicant were Kated and course of action decided / ecoinienided-by the comuniites has alée beer: recorded tn field visit report. Copy of the field visit repari iS placed at “Annexsiredv, “The oompiante status of short tran and ang tem measures are ‘presentedas under HOH TCOMNEATIATIONS. IN in| OW 15.09.2021 THE. FEE REPORT ‘NOVEMBER 2019 | “Raquiting «i cal mies in Reiger district te accept fly ash for disposal through OB dhimp and, buick filing. | | fluiion by respective Coal mine | | eompariies). Fue SACL mines (7 2 Hen one IF rane: (V/2) are accepting fly ash. eters were issued to SBCL Cheat, 0, Monvict spat, HINDALCO Limitoct and M/s Ambuja Cement Lid. nis HINDALCO mines: informed about no OR dump hecause of cattinunns Back filing of mined area, usth OB as per ‘Approve mining plan M/s Monnet Ispat Mines has been taken over by SCI. No rasponsee receiver! Frome M/s Ambujé Cement Linited. MoBR &CC vide its notification dated 29th Auaust 2019 fics modified the conditions siipulonud in due BC of TPP ant eat mines in line with the fly ash netifcation and —_ subsequent amendment, t has been mentioned ix prin ri 7 than mnstry has sipalatest the conditions which prohibited thebal Giten the seriiiiness of improper iy ash damping tt tow lying-areas, und the practical dijfewtty in rigorously ——muittoring the tnpleiménration of the recent SOP in the field, no further disposal of fly ash in iousyingy areas ny TRPSCEP eompeanice to be permitted, anil. ait Great Panchayats in Roigarh district to be directed to'stop issuing NOCS prthessaine. i abandoned | | imines/ iow iging areas sell condiioner| | in ageautare foliawing the guide tines prepared by CPCB. Accordingly CECE sil. amend the consent ctnditions of ail: TRF’ andl Goat btn. More over CBA tide its letver dated 143022020. has informed about detiatition of ahardoneit Pines: on Fecommenvlatist-af task force. Ther tit includes, 24 abandoned OC rninés of Chihaitiggarh a be used for fing af fiy ash generated! from TRE. Ther commits fas suggested to Chaieman, Chhaitisgarh Envivanment Conservation Hoard for constiastion of| ‘State, Level Chrnmitte to decile. the inaicdes cane quantity of fg taht 28 de disposed ir working! alundoned | mines/ quarries ti Pre States The same comvattree: rica oe look-aftar the fy. ach disposal wsitesin Raigatt alse on, priority. Copy of the letier issu t0 Chaisman, CECE, Saipur, is placed at Araeiire-V. Action from CECB ts cuvasited. sinct” Colledor of Raaigarh has } saved latter to concemed deptarement for directing at gram prnebaayus for not iesuing any NOC to use Tow lying area for disposal of Fly Aub. During | visit of the eonumiitee, disposal of fli ash in fons tying cree ions obser fut scems ta be disposed before issue of the order by tha waliextor. As per preconditions of SOP Power’ plant? land ownerfagency shail obtain statutory permission from regulatory authorities such axnn tnennnmnnntmeenins 6 @ i Riquing (Wal whalever cout ‘being supplied fo JPL and GEE from, Gare. Paling IW{28&S should be: transportett firough the already | existing loved orniveior belts dint ng such coal transport should: be ‘tut rice fhetion by SEC). ' | CR isto suchmit fist of the locations | ofiowilytig areas beirigaesed orcatiier| ‘used for unscientific wisposas oF fly sh for whidh permission has beer granted by Yocal administration. after getiiig NOD jrein CECB, Ti was informed bay Regional oper BCH, Raigarh that Jindal tower Uhned (UPL) hos received 44,25,66 | MY cocdtin 201.20 ard 40,24;274 MT oan 2020.21 through Soavegyar belt. | Botablickment of ricniforing coll by FRIED to monitor weet qinality being lisad bij the tesidents of villages anit ‘provide pie treatment facing and rericiat if qeogenio contaminants, arid anthtopoisente contcainants hofore its nse as drinking weter ‘Specifically, he quality of water vectment i the minesrupporied. wicter surly: system in village Konkel needs tw be ensured by PHED 08 per drinkinis water abims. CORY and CAAQM stations in coat Tisstaliation of adequate rember of, PHED Radja has tifinied tat water testing taboratories are | fotional ai Glearghendo: ancl Reigarh [for testing of dicing weer qatizy of | the oreia. Moreover 12 hand: pumps, (2 Power pumps and 81 tap water supply have been providded tn Konetket caro The tosidents of the village has trformed about frequent loweting af ground water wabte due to UG mining actttty.| Reproseitaties of the PHD was alse: in concurrence with the observation oF the villagers: In over to énsurerequar) ond good: wmiterquatiy to villagers the committee hes -dlreated H/o} Rindalco to provide tap water In village and ensurv quality of water tn coordination with Ralgarh. M/s Hina has submitted detail of ‘mine quantity | generation and ts mode of treatment! lo voramibtoe. PHED i to submit the quantity of water reyiired for Kandkhel village, The committee hos also suggestes! t obtain details frat Centrat Ground Water Auiforidy about uurater secharye points pronied by the coal mines: at the time of obtaining NOG. spor field Toport by CBR, RO, Raigarh it seems that CCTV has beenCCTV coverage shail be maintained ‘y-ooal mines to ensure movaiaent of eouwred trucks loaded with eacls ‘ond rigilar and comprehensive operant, of sprinkiers th coel nares, steekyor! “ond all mine roads. CAKQMS Shall Be connected 16 CRCB/CPCR sens, end alse displayed ‘on the mine gates for public dformation (Betion “bg vrespettine coal mine compeities). Inctustries, SECL. Gare Patina N/2 &! 3. SOCL Chal SEC Gare Rata} T/L. At the time of visit M/s Monnet Inpct Biines, sere not foam operational In nase of installation nf CAAQRS' Giinmitive Bios instrudieit Member Seoretary, Chhattisgarh Environment | Comsermitiois Board tr -Ipsuat directions ta all coat mines jor installation of CAAQMS and its connectivity with CPCD/GECB Sewer, Copy of ts leiter is, pliéeil-at Araceae Vi, Stats: of id saeré is ousiled from JES, CECB, Raipiir Popes repairing and maintenance of | reenis both inside ard outside: thie nine jen ty enisiie moth rsoweunent of trucks una other toad cpnryinig wehities, (Action. by Public Works Department and rispectioe ining corapankes). Indian Radtuxaygs to be civected to sbimit atte bow ‘aetiort plan for cornunissiiry of the Faihwey tine in Termiar aed Gherghidas Blocks ta ensure all-coal transportation by rai. BEPWE, Raigait Sh RK Kharmachas informesd the eoynmittee absent Tequiement of enmedtiate construction. of approimate 111 Rim CC rewd ARrigarh fo Dharmajays Gari dons 78 Kn cael Papers io Nibipite cnet a5 Kmj but due to budget | Constrestin€ te work is pending | since bust several years, (better issued so PS, PWD, $-/08, Mahonadi Bhoawan, Raipur oy this office vide number RDBY NGTOAL04/ 2018/5538 ted 07.09.2020 and 6.012021 tw sénction Rs, 335 crore for consiruction of Fm CC read. No response has heen recelved [from PS, PWD, Chhattisgarh Government. ICON ternational Limited, in Preference tom tetier dated | 97.09.2020 has informed that 1 kr | Raihiboy ne work from | KharsiaCharghode- Korichhapar hus [been complied — aud started "transportation of coal, Work for 1 ki ral ne fron Ghenghowla: bhuakarwadee Gare Palma wilt be completed: by Jur |"Propet and free health care. facilites uith —muispecialty — geatment| system. may tbe provided ix all cox mineadjacent villages a& per the! tecatrmenidariéns af the einuitice report of 146.2019 in the Toute Rum JOA 314/214 C7péase, (Action Wy respective coal mine companies) gros nl doen eral as per BC conditions WE also rasan Tan fiver | Laer eles ted in Septeraer BORD ceonusersion of UG miinas to Open Cast mies be. permitted! in Tamaar and Gharghoda, keeping in mind the eriviroremental costs i terms Joreet loss, major noncompliance in pollution, control and — social ‘ostfrenatbilitation) pomprehersbae environmental Inaet carrying capacity study fas meniioned in NGT orden), to be cried out by 4 reputed | Ghenghada Blocks of Disuiee Raigar [ROE IRON thus to consiradt OF numbers of coal siding in Tamme and Gharghoda area for inereasing ri: cnx reisportation: Compliance in Progress. ‘Milian mecasiare for Reais issues is | 1 hie oiierseon, hy the Priva! Sectetary Feil, Govt. at Chhattiggadl. Por this purpose, the ‘existing arnungements in thd ical! areas, may be reviewed and, furitier strngiiaiat to meet — the. requireruznts, The Principal Secretary Health, Gout of Chhattisgarh is wt Eberty 10 issue appropriate direoions: to the concdmed neaject pripbineritis also fir iietr initiatives out of CSR) funds: Collector Raigarh has? assured to arrange the required! medical. factlity. in the area bi way ‘arranging health screening: exmps.in alt villages iwithin nexct| | Boilies as ssid Tetters to al cout mines, jor submitting updated | status of Grécn belt ieveloped. Responses received are lieing compiled dnd ‘submited i next! | moctingrof the comenition. }m — MoRRACC fACoal) for ‘implementation of restriction on} canuersion of UG carl mines to Coad amines in Tamme and Garghocda crest of Distrca Raigar, — MoEF&CC representative in tie committer has row sent followup emaits to JA division" relteratiig ese reonmmenttutions. CECT ie Wa Weller dled 37-63 2021 has invited proposal. from NEE, Nagpur fer conducting Camying capacity study ih Fanar &[eabvormental” récoavch vet 6 24-month; peso. | Mite of coniaistarg oF ti sadly state Hon'ble. NOY ard necessany directions mid please be issued nevordingly: ‘Te reduce the inngsacts. caused By ried tre coat and offier minerals directions ‘may be issthed thet cal transporte | roaét fom, coal mines or to thermal | Dotwer plants indies axe ticks will | be pennited: only for t year after ich tpn nest be done by rail andillan of green belt develiiitiand: may be BC application ta ensure that green cle work shaltbie in place at the time of final prosentation for obtaining, (BC, witch shail be. verified by MOBPROS Puither while grenting. TOR, EAC shone specify the location of the grown bell to provide: buffer Between cual ming and arnisn settlements -anet specifiy the same, Ministry ofcodlbe directed to mielude thy necessary pmvisions to ensire the accepuahee of fhy ash in coal ities Pordispossal trough OB dump. and buckfiting es per fly osh notification 692009. | men pléaie be decitied by the thar | ajar report insane Uf bucorparatectat TOR stage of sufficient willl of the green helt for’ The Technical aid ~ Gommensial | proposal is 17 be provirica by NBER, | Wagpur within 15 days. annexure vay T Fiore SBEE A | evident $55 increase in dally verge alspaten: by rail in comparison 46 Ge FY2019-20 efter constriction of new vaibtine between Kharsie- Ghargioda Roriwhapar. Coat dispatch from Korichhapar railway siding eompaanced in the FY2079-20. SECL ch IRCON shall subst; etat about total trmnaportation | Of cout through Rail in F¥-2020- 1. Copy oF Hon 'bke NOP orilor “deited 2702-2020 has heen seit ts tA-Céed ‘on 18.09.2620 for further meoegsarg etion by MoRREOC. Continued norccompliance of, gress belt conditions from FAC of woal is | observed, Strict monitoring and fotow| | up action ky MaBFPACC iy required. ‘Pursuant pon long datherations by PCR, Central Blecirvity Authority, HEPC anc Ministry of Coal through Task Porce, tst nf 24 abandoned OC mines of Chhattisgarh had beer submnited 10 be. used for filing oF fy ‘ash generated from TPP inctueing 3 in Gare Palme Block, Of these 3 only OF #5 actually foasibis. q| far-constitution of the State Levet ‘Committea as.propased. No progiess reported ty CMD, SECL, Bilaspur inspite of seuerat commutnications fro CECB, CPCB anid Collector, Raigarh. 4 Purguari upon tong deliberations: by CPCB, Cental Teetri “Authority, IPC and Ministry of Cool through Task Force: Sstof 224 cbadaned OS gts Gratisger as Doan sure © ‘for filing generated. rom. TPP. The Sci Ken Dante oe ‘Chairmen, CECB, Retour for constltsion of State Level Conuntiee for management of fly sh disposed in ihe viaie with implebianiation of SOP rialified by CPR: The coapecation of SECL As not satisfadiony nes meriy ‘applications of TEP of Tomar de Ghaighio. are are ying uratendett by SBCL. 2, Distriot collector, Raigarh’ hes isshed letter to oonoem departnients for directing all grum. panchayets for wat issuing rary NOC to se Tou ligirup ate disp of Py. covk During visitunacientific disposal of fly ash.wcre observed ot 1] Ourside: RN Poiur-ash dike (By TRY Eneray Poa Lintted) , 21h Fenda silage (fay TRY Energy Private Limited) , 3) Cutside the Matiavoct Unergy ( By Mahanir Bnetay & Cool beneficiation ‘Limited, Onsite observations rived ax lagers fly ash dump, 1. PHED, Raigaré, has proposed. drinking water supply scheme (Rs. 1270.41 Lakh projact cost) Br 10 mining effecled Mlewess of Tumnar Block. The details subnitied by BRED, Roikfath vis verfiectin: Kondivel Vilage: anck finenchinsufieene with respect population of the uilage. The-representative of PEED present dising visit of the committee Ras informed thal PHD hes testablishedt 04 hutnel pumps, 04 Power pumps ond 01 tap water upply howe hoe provided in Kondkel area. The residents of the tillage has informed about frequent inwedina of ground water table due to UG mining activity. Representative ofthe PHED tons also in concurrence with the observation of the villagers, Hence hae been decided by the cornmnitier to obtain data of ground water recharge system 6 Gharghotle and Tamnar area, from cential ground «ater cuthority, Raipur long uéth data of ‘annul ground! weiur level in We'aren, 4, Installation of CCTV sysiern in mince of the area wns reported. complied by ali mines whereas its proper operation ancl recording is to be ensured by SECT in its all mines located in Chhol and Gare Paiae. RO CECB Raigarh vias requested 69 physically verify the stutus of transport of cou! in properly ‘coueredd maviner.4. BE PWD, Raigorh hos informed the aoinmitice about wumediate construction of approunute 111 Km CC read (Raigah to Dharrinjcigcatt about 76 Ke and Pidijaatess to Miluparee about 35:Km) but due to buciget cartsireint the wrk is pending list several years: Ar amouitt of Rs, 385 Crone midy be required ‘0 complete the construction of CC rons in the area of Tenner and. Gharghizie.. Hon'ble NGL in its onder detect 20,1 1.2020 point 5) ha instructed PS, PWD. to sanction fie rearared fine andl ensure execution before March. 203i. During fiett visis execution of the work was not dbsertéd, fener: the tess unas Further cewified with EB, PWD, Roigarh who informed as under Maite high wey connectouy Regartite. Dharemiaugarh hos now been dickeced in Nationaal Fightudy Scheme % - Siretoh from Chhual mines to Gharghisida has beer: epprwed forte lave ® Svetch from Puiipata to Miupdia ia Tanmar rot ys ‘approved. I nour of this edopie, committee hiss instracieit to BE, PHD, Raigash twitdennfy badly damaged potches in this'stretch and, reparea builget amd get saine approved 99 aa to colmplete the workwithin Duee months. Stretch from Punipatea thy Mibypara wig Tamher hasialse to be teken. on highest prisrity becouse of the Hey Sif lode on this route, ARGON internsttonal Linited, has inferred that week for 14 kane add Hine fron Changhioda — Bthabumaite — Chine: Polina will be coniplitetl by rte 2021. IRCON has to constrict 05 numbers of col sidinigin Famine ond Ghiarghode wen for nerecsing wait zoel transportation. As on date of committes visit TRCON has, ‘conipletetd 0:4 cont siding cin ruatie O1 aiding opsircilional. As per data received from mayor mining compary of the area ie. IEG, ie fs reporter! that 35% ena transport inerénse has hoor observed in comparison. to last financial year 2012. 2020, (Anoexure-Vi) Reis assumed that coal transport by roll may Ircredise by SO% bvadaition to earlier transport after campietion. af the project SBCL and IRCON shall submit detail about total transportation of coat through Rafl in.F¥-2020-21, CECE vide ts letter dated 31.03.2027 has incited prapisdl from. NBERL Nagpur jor conducting Carrying capacity study’ in Yasinas && Gharghoda Blocks of Pistriet Reigarh. Te Tecmnical ‘ad Commercial proposal is te he provided by NERRU Nagpur within 15 days (Sanexure: Vil . The committee has also discussed the issues in miewting with Collector, Raigarh to expedite the required development as Gibectedd by Hon Be NGTin is order. The outcome of the meavting has beon consiiored in the reeammendations, n 4}8 dn cierto marke information of the Oversight Committers work. ‘public domcia, Collector Roigarh agreed to host a. webpage ot “the Ratgarh District website oid cheered the Distritt bifdemation nfficer(Raigarh) to coordinate with the commision regarding the ‘sebine. Inview of the:above field éhservations, the recommendations of ‘Oversight Coipniive ave ns under RECOMMENDATIONS — 1. Chattisgarh Environment Conseruation Board shall prepare Bt of areas wher: unscientific disposdlo] fy ash has: occu sith specific remark of status about permission gromied. 2, Chhattisgarh. Bivironment Conservation Bowel shalt alse generate clata about cia? quchuity of eaalinioied fA Raga, etal quantity of coat being used by the industries in Raigork- ara quantity of locally amined coal cumitable for (PRs and other industries of Reigarh, “8, TRorderto-erteuke development of health faclittes i wie vlogs of mining aiected: areas, Principal Secretang, Heaith ‘Cikttiagarh Couerement moy be athisad to heap inforiiig the Guersight Committer. qhout development mode in health 4. Hon thie NGY méy Uke oi divech Frinipat Secretary, PWP, “Chhattisgarh Geverament to sanction inedget far 111 Rr react From Raigor fo Dheranijaygark and Punjiparra to Mitupara via “Farnar-and ensure its execution within three menths, In this eoritext tine bound action plan shell be submitted to: ensure timely execution of the work 8. Dimetions fiom Hon be NGT nay also betssued in Chhattisgarh Broronment Conservation Board, Raipur jor constitution of ‘State Levei Commurize te look in to Scientific Uritization of fly ash fn. the Chhattisgarh State, 6, Dirogtions fiom Hortble NGT may also be isstued to CMD, SECI, Bilaspur ty expedite dispose of flyaash inabaraioncd coal mines declared by Central Blectricity Authority, Ministry of Pour, ‘Gévemment of India vice letter na, 1/8/27/ Task Por) BOLT 2019/TCD/ 230-238 dated 14.02.2020 én consultation’ with (CECB and complete within tree months. From the report dated 17.03.2021 anaeved to the main report Gs Annexure-T¥, violations have becn found.on the part of JPL, JSPL, Ifi's HINDALGO industries himited, Mahaveer Bio-Enengy Premises and CSPGCL. The observations are quoted. below a fe“PIELD- OBSERVATIONS: L. Unscientific dumping of flash Tho commitige has observed urseieniific camping of fy ash a several places, out of these jew are temporary! inderrttent rel fea old dumping af legacy in naire, w Within GP IW/1, outside mine vaid: Crily fy ash duunping as bat of tng of ite weit elory wiih overtrden ix permitted. fio dumping is permitted: tx, gpen. areas; such diuriping i leniiing to ash figing auxri into heemem habilaston. and ecosystems. ‘Actions As this canstibuns violation of BE emvutiionss, CRCR to dlseet SPL 16 clean up the unenthorised chump within 7 rls ant dispose the fly aah in the mine voit thiough the back#iing process. The proves of covering fly ash with overburden’ sweet soibappeaiss to be very'stowr JSEL, shall ensoere that fly ash is ‘capered tothin. DP drys: bi esteret possible citet also to-ensure ally watering or covering wp the fle asi during backfiting Bricess: % Within GP 1V/2.3 qutside mine void: Only fy ash ducnping as pari of mine void coverad with overlniden is pormitted. Na clung weathout cover ay cxrhuarden is perritied inoper area s-sush dlimging tidy lead fo ask fiymg auay inia Manan habitation ond eeocuypster, (PicsS-6) Aotion: Ms this eonstitltes. viokatinn of BC conditions, CECT tw direeeISPL to clean up the unsiuthorsed dunsp within 7 days ancl dispose the fly ash ix the tine noid though the hckflting prowsss. x eciivage of flu aph-sturry from JPL ash duke: The ash dyke 1A on HE of JSPL was observed full and representative of the tailustng hos informed that emplicatior. for penaission ta vuise the ash dyke height is submitted in MOBF&CC. At thé time of visit tadkage it the exiting alt uigke was observed anid ashe laden water was found up to toe eteain. Here possiblity of ash dyke: breach itv futie cannot be riled out. (Pies-07) Aetion: tn compliance of rirection jrom Oversight Committee CECB has inspected the site and directians. to the industry is being isincod under section 33 of water act, Furthermore, IPI. te conduct sslualy through: « cosearch organisation of national repute to deierming the stability of te axting ash dyke Gnd take measures required to strengthen as needed. No perintasion for raising of ash dyke shall be ghien tll safety of the dyke assured ® Qutside TRN Power Ash dyke: TRN power has created anash hump vutside le ash dyhe b: the village of Newapara Tendal Bie OBE The top of dianp is.nt-teast 10 fart ature the Gt. This iz noi aa per definition of dumping in lon, lying area. Moreover, fly-ash railisation report Aprit 2020--Jaan 2021 provided hy TR a3 3ower shows that they tiave eovitiaued to duane fly ash in tows ying wrens during May, Jum: grad July 20330, Thare are physica! exidbnees Jor breaching of rust wall leading to fly ust: flnsang fn kee caine fete (Phe). Bare cer the Situation 29 ash fig into neighbouring. habitants and. acosyetens. could rick be ruisd out The. dumping of fly-ash in Tend Vilage ts seers to be ot legjaey dump (re Rebraary 2020, This unsetentifc duenping fs visibly eroding in dy rain duicl may fui iti to nearby felis and weiter streanis, (PHSIO) Action: CEUE to instrict TR power to desist from any further clumping, to strengthen the Put dykes, ta regulertiy wentering the: clump to prevent fy ush dispersal by tein, to prevent ary usin by coviertag the dump with soit, Actions for the koig term remediation of this legacy dump will bie determined once iine olds are made avaiiablfor fly ash aspect ‘Outside Mahavedr Bio Bnargy Premises: Mahaneer Rig eférgy has created an ash dump bebind its preraises. (Pics- 11} “The top of the dump is-af least 10 fect dbave thie, and dogo not confirma to the SOP Jor dumping in low lying area. Hore over there fs not een a proper retining wall around thie dump ereating a public heer: Action: CECB sholl issue show ceuse: notice for improper disposcl of fis ash ancl instruct for remnonal of the ig ashuithin. 87 days Fire in coat minefcoat dump: The conwaittes observed. ariwke in gore Paling, W/23 (SECT). Mo-13} SECL assured the committee that they have followed! instructions provided. by CIMPHER but mensire advised as covering uxth clay have not worked, Pres? smoke is constant heizard in coal mnéting. Neieitheless, fires close. 10° fama habitation need to be ainediciely jet on te prevent polition and health hazard, Abtion: CECB to freed SECL ty grréit el fre usin S00 rn of aiiseempal dnd Sarasmal village within 7 dais and approach DOMES inementiatedy for obtebiing better solution to deat sith sores Discharge of untroated waste water The committoe has observed discharge of untreated water from mine of M/s HINDALCO Pnchestries Limited ot Gare: Palma 1V/4 in to a drain leading to agriculture fieids (Pio 13). The mine owner has abso not demarcated mining lease area that OB dump actviey céuiid bbe assessed. Action: As this constitutes « violation of BC conditions, CECB shui direct M/s Hiedalca tn imaediately sine the discharge of effluents, and f install necessary wastewater mechment foibies end haus them inspected by OBCB within F month, ‘show that it nivets discharge quality standards sot in the EC, ro 4Ss Ghd seek apprani of neiyhbering village Gram Seashe: before releasing anus further rdated wastewater, out of tes mine lease area The tommiitee cilso received abl representation in field to the effect that the captive. coal washery With in the PL premises ues Yélddsing ‘ibected: effluents ti to the Keio River that aitfoine it Te eomaiities could’ not tisit the sisit the site to excunirie Hib situation, Action: CECB has visited the site and reported! harenpérational status of coat nasheny, however water scanples fram River Keio has’ been collected aril final report will be, suibinitied after completion of sainplearaais. ‘Green helt and safe disteince: from public road/settiement- Tie ‘committee has found green. belt issue ad duiliseranisate. storage of OB dump ta. CSPGC. (Chhatfisgarh. States Power Generation Company tinted) inine. Gb. Gare Polmer sector 3.. fe was-observed that dumping of OB Was done on oth: siden of public Fea twitut safe distances Action: Committed lias instrusted CBCE te inepectthe GPul mite are verify the-actnal location of OB dump. as per wining plan. in case of iy deviation found strict gction shall by initiuted.in consultation ith. ‘sate mining deparment as well as Director General of Suey anc Mines (DOMS). Regarding Gare Paina 1/5 MoBP&CC to verify and ‘sou épprepriate direction, . 2. Making abandoned mines available for disposal of fly ashe Update: Nautiairy of pour hes identified 3 mines for fly cash dumping in TamnerGhoanghexia region. Ohivacdl ming is actualy not auniiable barcese itis being worked. Maredmine ix ‘ar. 0G mine hus elready been decommissioned. itis noteasy 6 reuse ifor fly ash dumping. DGS will be requested to suggest ways. it which it can he made tuntitable for fly ash dumping. OCP mine at Domnara is foamed suitable for disposal fly ash zalable for which SBCL, Reigarh has moved the lotier to its HO ue Bikasjrar offce-seeking permission. In cast of permission wanted for Domnaré mine. preference shall be given to TRN Enengy Private timited and some other pur procuexens Ova geliérate fly aah arid fae limited étea for fy ash disposal Action: Collector itcigarh shall pursice the matter uth CMD, SECL, Bilaspur for an-ecriy outcome, 4. Public heatth facilities and disease screening. Tie ‘committee has. also discussed about requirement of heath infrastructure anil stats of available faciities in Giarghoda andl Tanner cree Oattector Raigarh has tiformed the comonittoe that dere ave exlequate facttiues ausitable at teernar CHE ond at the PortisdPL muttspeciatity hospital at Termncss Collector »Raigarh has also assured to organise ‘health camps! within the next $ months ia.cll wages surrounding the mines areas in T 4G blocks, and then ensure regular screening after thai. on a yearty basis. ‘Action: CECH RO Riigarh ioiti DG, Réigarte to. redonyinm. that JPL hospital w open io alt lagers for free of enottregimend. 5. Improve Road. quality ‘to reduce: spillage and air palliation Gharghoda amd Tamar sex of Reigarh. ts extremly sich in coat mineral-anet extensively ritied bis SECL and viher private companies: 1 woo éliserved that very percerit of cout prodiutedl ‘in the area ts dumitebie for exiting industries ‘of Reigarh. Most -of ‘Bie coed mined is ting farisported to ieurby areas ih Chiattisgeah atid-ctber statis Hehe toad condition of Raigarh plays on impcrtane role én. deterioration of eniblent cir quay. in onder to ensure: better onibient.cir quality an: siatistivad balaice:.ts to be developad hemyen wad. rangpert and: rail transport it was fold sutigfictory thot davelbement of rail natn with fire coal siding. bs the ange ara at the stage of completion: Fence it ix requireslto decide a time line Jor transportation of eon by rail nly especially Hein tiispatched to cther states. Road transport of coal shall be linited for those power planis qperational ih Baigent connecting Raigarh.to-Dhavénijaygarh Ras row Been shifted to.NH scheme. Stretch faye Chal sniress to Gharghoste ess been approved for totane and fs. sitengihering, Satoh fiom Parjipathra 19 Miura vie Tonner '23:Kan) and Stretch from Miltaparecio Laitung not etappmved, Actlan: Suice-the actual prieess of constructing the NH wil take at Teast tim years, PWD is instructed to ikentify badly damdged potshes. in this stretch and propare a budget and get te same tmpproved and acted upan immediately faithin 3 months): As far as conseuctions of other setehes are concerned PWD shall take highest prioriiy because these are the etretches with Heaviest troffie density, 6. Inadequate quality of drinking water supply to Kentkhet vllteige- This could:not be verified it this-visit, but Hindalco was already instructed to stop providing water from Eeneira nal, and to pvide taater freon ondi mine after proper filtration ce) treatineft. Hindalgo has yet to comply. Action: Direction from collector Raigjarh may be issued ti M/s BINDALCO and PHED, Raigarh for compliance within Gee months,” 6. —_Bafore.cliscussing the rapart and issuing further directions, we nay dispose of Js which have heen filed 1A, No, 97/2021 has been fied.on behalf of M/s Jindal Steet and Paver Limited [JSPL) seeking ‘direction for short term measures for mansportation of woul. The Expert a6 1Commitee héving already-gonm into the matter, we do. teat fl any Soups for piecemeat diguetion’ in iBotation wheat fre matter ix being Teale with holistically Based oh Tesommeratations of @ credible Comsniiten, iinich, are net shown in any manner to he erroncaus. VA Ne. 97/3021 iy dispissed of accordingly: LA, No, 3/R021 was fled thy the azplicant for modification of the conisdtution of tie’ Committee, We dano! find any merit in the atid opptication as Yeparthas ctlrwiactyy, bean submnidted whieh is being considered. The 1A stands disposed of TA. No, 38272081 is for direction to the MoRPACC not te permit expansion of Hindalco Industrial Limited project for underground nine being comserted tr Opercust rine, We are of the visus ihint lnsstead! of qrapiting the-imjietion sought, the: canemed quits inay buk inte desirability 6r otheruitse of Suh expansion, inthe first Grstance- and if the applivant is aggrieved, Hee witkhe at liberty 10 take remedies against te permission. if £0 taicen. LA. Mo, 382/202 stands disposed of accordingly 7 We mayialso-note the.respanse of the applicants % the repért ofthe Comittee, fois submitted that dumping of flu daft fx lox tying fieas nevis to be quoidect inuiews uf eattiér-orcer of this Tribunal dated 27.02.2020, based on- the. récommenttations ‘of the Comumiliee las required ontioring is not table. Further, any suck wnecientific dtutping which may hawe-aiready taken place needs to be remedied. Wis further submitted that no timeline has been provided ih the recommendations 6f the Committee for Yémedying tong pending ard continuing problems. Actions suggested ac. tehalf of the oppliodnts wader differced beadia ore reproduce pele “A, Dlampintyin low tying areas: fi Fhe Applconts mieerate that.there shit be No dumping of fy ash tn kaw ying crea as bins been mecapted by this “Hon'ble Tribunol vide it’s Order. deteet 27.02.2020 and the Order dated 20.12:2020 he clarified in. tus regard and dlmpetions’ be isoued 16 the Oversight Comunittee in this (i) CECB be directed to amend the consentconditions of all TP anid Coal Mine as per MoEP&CCS notification dated 280% August 2019 as mentioned ax the Repart of the Qvetsiult Commitee, fii) ‘the Hon'ole NGT shocdta direct For a slew up of the Fly Ash, “since the monsinn rains wil start soon and again the legaey lash dump sites will pollute Out river ant agyicuiturat land.” B_Repairing’and Maintenance of roaits inside and outside the mine area" Commitive had also visited the new opiations at Gare Peima Sector 2 which is wncler tha Chhattisgaris State Pour Gencration lumited? and Here too the irucks.re using the said vod, cubic the Hontate NGT hodlcirected to he mcute farm Raigarh to Mibapara, But no mention of such véletions Rave been mate tthe Report. 3 x suggssted thait there should be proper repairing an znnintenance Of roads oth inside ar! outsitke the mine aren: ia ensiire smoaih movement cf ticks ard ether load carrging vehicles” ” /#