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Budhsen Rathore v. Union Of India & Ors

Budhsen Rathore v. Union Of India & Ors

(National Green Tribunal, Central Zone)

Appeal No.06/2019 (CZ) I.A. No. 24/2019 | 15-09-2022

1. The M/s. South Eastern Coalfields Ltd. (WBP & Environment Department), Seepat Road, Bilaspur vide its letter No. SECL/BSP/ENVT/Khairaha UG/18/6932 dated 18th June, 2018 moved online proposal No. IA/MP/CMIN/75469/2018 dated 16th July, 2018 for expansion of Khairaha underground coal mining project from 0.585 MTPA to 0.819 MTPA of M/s. South Eastern Coalfields Limited located in District Shahdol, M.P. for environmental clearance. The proposal was considered by the Expert Appraisal Committee of Thermal and Coal Mining sector in MoEF & CC and project was accorded environmental clearance on 28.07.2005 for production capacity of 0.585 MTPA in mine lease area. The sectoral Expert Appraisal Committee in its meeting held during 13-14 December, 2018 has recommended the project for revalidation of the existing environmental clearance as mandated under the Ministry Notification dated 06.04.2018 and grant of environmental clearance to the expansion project. Based on recommendations of the EAC, the MoEF & CC by revalidated the existing environmental clearance and accorded environmental clearance to the Expansion of Khairaha underground coal mining project of M/s. SECL from 0.585 MTPA to 0.819 MTPA in an area of 472.065 has located in Tehsil Burhar, District Shahdol (Madhya Pradesh) on 11.01.2019 under the provisions of the environment Impact Assessment notification 2006 and subsequent amendments/circulars thereto subject to the compliance of the terms and conditions and environmental safeguards.

2. Aggrieved by the order this appeal has been preferred against EC dated 11.01.2019 for expansion of Khairaha Underground Coal Mining Project of M/s. South Eastern Coalfields Limited located in District Shahdol (Madhya Pradesh) from 0.585 MTPA to 0.819 MTPA. The impugned EC was granted in pursuance of recommendations of EAC in 41st Meeting held on 13-14.12.2018 read with Minutes of 36th Meeting held on 31.08.2018 reproduced below:

Minutes of 36th Meeting held on 31.08.2018

"36.1.3 The EAC, after detailed deliberations on the proposal, noted the following:-

The proposal is for environment clearance to the project for expansion of Khairaha Underground coal mining project from 0.585 MTPA to 0.819 MTPA by M/s. South Eastern Coalfields Ltd. in an area of 472.065 ha (ML area 470.872 ha) at tehsil Burhar, District Shahdol (MP).

There is no forest land involved under the project. Further, no National Park, Wildlife Sanctuaries, Eco-sensitive Zones are located within 10 km from the mine lease boundary.

The proposal seeks environmental clearance under the provisions contained in Para 7(10 of the EIA Notification, 2006, without any ToR for the project and the fresh public hearing.

Total area of the coal mine as per the block allotment is 652.874 ha. However, as per approved Mining Plan, the area has been reported to be 472.065 ha. The Mining Plan, including Mine Closure Plan, is reported to have been approved by the SECL Board on 25th November, 2017.

Earlier, the project for its capacity of 0.585 MTPA was granted environmental clearance by the Ministry vide letter dated 28th July, 2005 based on the public hearing was conducted on 3(in October, 2003.

The Regional Office, Bhopal has conducted site inspection of the area on 9th May, 2018 to monitor the status of compliance of conditions, stipulated in the environment clearance dated 28th July, 2005 and submitted the report vide their letter dated 18th June, 2018.

36.1.4 The Committee, after detailed deliberations, observed that in compliance of this Ministry's Notification dated 6 April, 2018, the project proponent needs to obtain the environmental clearance under the EIA Notification, 2006 for considering the present proposal for expansion. Accordingly, and based on its earlier recommendations in similar proposals, the Committee desired for additional information in respect of the following:-

Public notice to be issued in leading newspapers (one national and two local) for information of the stakeholders about commencement of the project and present coal mining operations of capacity 0.585 MTPA in mine lease area of 470.872 ha, inviting comments and their redressal,

Valid Mining Plan and the Mine Closure Plan duly approved by the competent authority,

Compliance status of the conditions stipulated in the environmental clearance dated 28th July, 2005 from the Regional Office at Bhopal.

Consent to operate from the State Pollution Control Board for the present mining operations. Forest clearance for the Revenue Forest land of 6.825 ha involved in the earlier mine/ease.

Redressal of issues raised during the last public hearing conducted by the SPCB on 30th October, 2003.

Coal production realized from the mine from 1994-95 vis-à-vis. capacity stipulated in the environment clearance dated 28th July, 2005.

Details of court cases and the compliance status.

The proposal was, therefore, deferred for the needful on the above lines.

6. That Office Memorandum was issued by the MoEF & CC on 15.09.2017 for production capacity expansion up to 40% of production capacity without Public Hearing with certain conditions. On the basis of the above OM a proposal was submitted for grant of Environmental Clearance for expansion and was recommended for grant of Environmental Clearance for expansion from 0.585 MTPA to 0.819 MTPA to Khairaha Under Ground Mine without a public hearing in the existing mine lease area of 472.065 ha."

41st Meeting held on 13-14.12.2018

41.5.3 Earlier, the proposal for re-validation of existing environmental clearance dated 28th July, 2005 in terms of the Ministry's Notification dated 6th April, 2018, was considered by the EAC in its meeting held on 31st August, 2018. During the meeting, the EAC desired/insisted for the information as under:-

(i) Public notice to be issued in leading newspapers (one national and two local) for information of the stakeholders about commencement of the project and present coal mining operations, inviting comments and their redressal.

(ii) Valid Mining Plan and the Mine Closure Plan duly approved by the competent authority,

(iii) Compliance status of the conditions stipulated in the environmental clearance dated 28th July, 2005 from the Regional Office at Nagpur,

(iv) Consent to operate from the State Pollution Control Board for the present mining operations,

(v) Redressal of issues raised during the last public hearing conducted by the SPCB on 3th October, 2003, along with the R & R details duly certified by the State Government,

(vi) Details of court cases and the compliance status

41.5.4 During deliberations on the proposal, the Committee noted the following:-

The proposal is for revalidation of environmental clearance dated 28th July, 2005 as mandated under the Ministry's Notification dated 6 April, 2018, and grant of environmental clearance to the project for expansion of Khairaha Underground Coal Mining Project form 0.585 MTPA to 0.819 MTPA in mine lease area of 472.065 ha of M/s. South Eastern Coalfields Limited located in tehsil Burhar, District Shahdol (Madhya Pradesh) under the provisions contained in para 7(ii) of the EIA Notification, 2006, without any fresh ToR for the project and exemption from public hearing in terms of the Ministry's OM dated 15th September, 2017.

No forest land is involved in the project.

Mining Plan, including the Progressive Mine Closure Plan for the project of capacity 0.585MTPA was approved by CIL Board on 25th September, 2003 with an initial capital outlay of Rs. 88.3303 Crores. Revised Mining Plan for the project for expansion from 0.585 MTPA to 0.819MTPA has been approved by SECL Board on 25th November, 2017.

Earlier, environmental clearance was granted by the Ministry vide letter dated 28th July, 2005 based on public hearing conducted by the State Pollution Control Board on 30th October, 2003 for production capacity of 0.585 MTPA in mine lease area of 513.50 ha. The revised mining plan for the proposed expansion project involves an area of 472.065 ha, as per the notification under the Coal Bearing Act, 1957 for the actual land of 478.89 ha and after excluding revenue forest land of 6.825 ha.

Consent to Operate for the existing production capacity has been obtained from the Madhya Pradesh State Pollution Control Board on 15th April, 2019, which is valid up to 31st March, 2019.

The proposal for re-validation of environmental clearance in accordance with the Ministry's Notification dated 6th April, 2018 was considered by the EAC in its meetings held on 31st August, 2018. As per observations of the EAC, public Notice for information of the stakeholders about present coal mining operations of capacity 0.585 MTPA in mine lease area of 513.5 ha, was issued on 21st September, 2018 inviting comments within one month. As informed, no comments/suggestions were received within the prescribed time frame. Also, all other requirements insisted by the EAC for revalidation of the EC were observed to be complied with.

41.5.5 The EAC, after detailed deliberations and in exercise of the provisions contained in para 7(10 of the EIA Notification, 2006 and consideration of the parameters mentioned in the Ministry's OM dated 15th September, 2017, exempted the project from public hearing, and recommended for grant of environmental clearance to the expansion of Khairaha Underground Coal Mining Project form 0.585 MTPA to 0.819 MTPA in mine lease area of 472.065 ha of M/s. South Eastern Coalfields Limited located in tehsil Burhar, District Shahdol (Madhya Pradesh) for a period of one year, subject to revalidation of the existing environmental clearance dated 28th July, 2005 and further subject to compliance of the terms & conditions and environmental safeguards mentioned below:

• The project proponent shall collect and analyze one season data for environmental parameters and submit for consideration of the EAC before 31st December, 2019.

• The project proponent shall obtain Consent to establish from the State Pollution Control Board for capacity of 0.819 MTPA prior to commencement of the increased production.

• Transportation of coal from face to coal heap shall be carried out by belt conveyor. Further, the coal transportation from coal heap to Coal Handling Plant shall be carried out through covered trucks.

• Mitigating measures to be undertaken to control dust and other fugitive emissions all along the roads by providing sufficient numbers of water sprinklers.

• Sufficient coal pillars shall be left un-extracted around the air shaft (within the subsidence influence area) to protect from any damage from subsidence, if any.

• Solid barrier shall be left below the roads falling within the block to avoid any damage to the roads and no depillaring operation shall be carried out below the township/colony.

• Depression due to subsidence resulting in water accumulating within the low lying areas shall be filled up or drained out by cutting drains.

• Regular monitoring of subsidence movement on the surface over and around the working area and impact on natural drainage pattern, water bodies, vegetation, structure, roads and surroundings should be continued till movement cases completely. In case of observation of any high rate of subsidence movement, appropriate effective corrective measures should be taken to avoid loss of life and materials. Cracks should be effectively plugged with ballast and clay soil/suitable materials.

• Garland Surface drains (Size, gradient and length) around the safety areas such as mineshaft and low lying areas and sump capacity should be designed keeping 50% safety margin over and above the peak sudden rain fall and maximum discharge in the area adjoining the mine sites. Sump capacity should also provide adequate retention period to allow proper settling of silt material. Sufficient number of pumps of adequate capacity shall be deployed to pump out mine water during peak rain fall.

• Sufficient number of pumps of adequate capacity shall be deployed to pump out mine water during peak rain fall.

• The company shall obtain approval of CGWA for use of groundwater for mining operations at its enhanced capacity of 0.819 MTPA.

• Continuous monitoring of occupational safety and other health hazards, and the corrective actions need to be ensured.

• A third party assessment of EC compliance shall be undertaken once in three years through agency like ICFRI/NEERI/HT or any other expert agency identified by the Ministry."

1. Contentions raised on behalf of the Appellant are that requisite procedure laid down under the EIA Notification dated 14.09.2006 has not been followed, particularly with regard to public hearing. OM dated 15.09.2017 could not have the effect of modifying the EIA Notification dated 14.09.2006. No proper evaluation has been conducted. The data of 2002 was considered while granting original EC on 28.07.2005 which is stale for considering expansion. The Project Proponent has failed to comply with EC conditions of 2005 with regard to preparation of subsidence map and its monitoring on monthly basis which was required to be submitted before expansion which has not been done. Plantation has also not been done as required. Digital monitoring studies of land use have not been submitted. Occupational Health Surveillance Programme of the workers has not been undertaken. The area is energy surplus and thus there is no requirement of energy to be produced from coal as per Central Electricity Authority's Load Generation Balance Report ("LGBR") for 2018-2019. The PP has not shown justification for the project with the evidence of confirmed end user. No Cumulative Impact Assessment and Carrying Capacity studies have been done in respect of the mining area in question.

2. Vide order dated 03.03.2020, the Tribunal issued notice to the respondents including the PP, the MoEF & CC and the State of M.P.

3. Reply has been filed by the MoEF & CC justifying the grant of EC for expansion for capacity for mining. It is stated that EC was originally granted on 28.07.2005 for 0.585 MTPA capacity in project area of 472.065 ha. and public consultation was conducted on 30.10.2003.

Ministry of Coal requested to dispense with public hearing for expansion on which EAC granted exemption from public hearing, since the expansion was upto 40% of the production capacity in 2-3 phases. The exemption from public hearing has been granted subject to fulfillment of following conditions:-

i. Predicted air quality parameters are within the prescribed norms.

ii. Coal transportation is through conveyor system up to the silo and then loading to railway wagons, involving no transportation through roads.

iii. Coal mining is done through deployment of surface miners, replacing three dust generating operations of the conventional mining system namely drilling, blasting and crushing in one go.

iv. Public hearing already conducted for the total mine lease area involved and no more area is required for the proposed expansion.

v. Compliance status of EC conditions monitored by the concerned Regional Office of this Ministry is found to be satisfactory.

vi. Other statutory requirements like Consent to Establish/Operate, Clearance from CGWA, approval of Mining Plan and the Mine Closure Plan, Mine Closure Status Report as applicable, Forest Clearance, etc. are satisfactorily fulfilled.

4. Proposal was deferred by the Expert Appraisal Committee (EAC) of the Ministry for Thermal & Coal Mining Sector in its 36th Meeting held on 31.08.2018 and thereafter in its 41st Meeting held on 13-14th December, 2018, considering the information provided, EC for expansion was recommended, subject to the following conditions:-

a. Underground work place environmental conditions shall be rendered ergonomic and air breathable with adequate illumination in conformance with DGMS standards. (Refer Para No. 4.1, clause (a), condition No. (iv) in the EC Letter dated 11.01.2019).

b. Transportation of coal, to the extent permitted by road, shall be carried out by covered trucks/conveyors. Effective control measures such as regular water/mist sprinkling/rain gun etc. shall be carried out in critical areas prone to air pollution (with higher values of PM 10/PM2.5) such as haul road, loading/unloading and transfer points. Fugitive dust emissions from all sources shall be controlled regularly. It shall be ensured that the Ambient Air Quality parameters conform to the norms prescribed by the Central/State Pollution Control Board. (Refer Para No. 4.1, clause (h), condition No. N in the IX' Letter dated 11.01.2019).

c. The transportation of coal shall be carried out as per the provisions and route proposed in the approved Mining Plan. Transportation of coal through the existing road passing through any village shall be avoided. In case, it is proposed to construct a "bypass" road, it should be so constructed so that the impact of sound, dust and accidents could be appropriately mitigated. (Refer Pam No. 4.1, clause (b), condition No. (iii) in the EC Letter dated 11.01.2019).

d. Vehicular emissions shall be kept under control and regularly monitored. All the vehicles engaged in mining and allied activities shall operate only after obtaining 'PUC' Certificate form the authorized pollution testing centres. (Refer Para No. 4.1, clause (b), condition No. (iv) in the EC Letter dated 11.01.2019).

5. The Regional Officer, MoEF & CC had submitted compliance status report dated 18.06.2018 to the effect that Project Proponent has installed 4 monitoring stations in core zone and 4 ambient air quality stations in buffer zone as well. Monitoring of Air, Water & Noise was being done fortnightly and that of Heavy metals, once in six months.

6. We have heard learned Counsel for the parties and considered the matter.

Consideration of the issue

7. First point to be considered is the validity of exemption from public hearing for expansion of the project, as permissible as per OM dated 15.09.2017. Similar issue was considered vide order dated 25.08.2020 in Appeal No. 78/2018, Laxmi Chuhan vs. Union of India & Ors. It was held that public hearing had been earlier conducted, hence there was no prejudice by exemption from public hearing. Public of the area was benefitted by expansion of the project. Exempting public hearing in terms of OM dated 15.9.2017 could not be held to be illegal nor against EIA notification dated 14.9.2006. In the present case, we have already noted the basis for exemption in terms of 36th and 41st Meetings on 31.08.2018 and 13-14.12.2018 of the EAC and conditions subject to which EC for expansion was granted. In absence of any prejudice to the environment or interest of the inhabitants, exemption from public hearing per se cannot be held illegal. However, whether prejudice has been caused or not needs to be looked into.

8. Further question is compliance of conditions for expansion and of impact of expansion. The PP has not filed any response. Relevant documents have also not been filed inspite of opportunity to do so. Burden of showing that activity of expansion is benign is on the PP.

9. In these circumstances, even if exemption from public hearing is held to be legally permissible, an independent investigation of impact of expansion and status of compliance of conditions for expansion has to be undertaken.

3. The matter was taken up by this Tribunal on 28th March, 2022 and after hearing the parties at length, a Joint Committee was constituted as follows:

"12. Accordingly, we constitute a joint Committee comprising CPCB, State PCB and District Magistrate to ascertain status of compliance of conditions for expansion and impact of the project on the environment and people in the area by undertaking site visit and considering the view point of all stakeholders, including the inhabitants of the area. State PCB will be the nodal agency for compliance and coordination. We permit any stakeholder to represent to the Committee through the State PCB within one month from today.

13. The Committee may furnish its report within three months 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.

List for further consideration on 25.07.2022.

A copy of this order be forwarded to CPCB, State PCB and District Magistrate, Shahdol by e-mail for compliance."

4. In compliance thereof, a Joint Committee submitted the report as follows:

"In compliance of the order a joint committee of following officers was constituted:

1. Mrs Pragti Verma, Sub Divisional Magistrate(SDM), Sohagpur, Dist. Shahdol (M.P.) (Representative of the Collector, Dist-Shahdol)

2. Sh. Sunil Kumar Meena, Scientist 'D', CPCB, Regional Directorate, Bhopal(MP)

3. Sh. Sanjeev Kumar Mehra, Regional Officer, MPPCB, Shahdol (M.P.)

1.0 Terms of references (TOR) of the committee in light of the order:

To ascertain status of compliance of conditions for expansion and impact of the project on the environment and people in the area by undertaking site visit and considering the view point of all stakeholders, including the inhabitants of the area, following TOR were defined:

i. Verification of the present compliance status of Environmental Clearance (EC) conditions stipulated under EC expansion letter dated 11th January 2019 for expansion from 0.585MTPA to 0.819MTPA of M/s. South Eastern Coalfields Limited, Khairaha underground Coal Mining Project

ii. Study the impact of the project on the environment by carrying out Ambient Air Quality (AAQ), Water Quality & Noise level monitoring

iii. Study the impact of the project on the people in the area w.r.t. health, noise, road transportation, road accident, dust pollution, water quality etc.

Committee members have carried out 04 visits of the project site during May & June 2022 months. The details are as below:

S.No.

Date of visit

Activities taken up by the members

1.

9th May 2022

- Site visit to identify the monitoring locations of

Ambient Air Quality (AAQ), Noise level & Water Quality

2.

20th-21st May 2022

27th-28th May 2022

  • Monitoring of the AAQ & Noise level was carried out at identified locations for 2 days with a gap of 7days.
  • Water sampling was carried out on 21st May

2022

3.

23rd& 24th June 2022

  • Discussion with the nearby inhabitants of the area viz. Khannath, Khairaha, Chirhiti village & others.
  • Discussion with PHED dept, Health dept

officials to take their viewpoint of the impact

on the water quality & health

2.0 Brief on the Khairaha Underground mining of M/s. SECL, Sohagpur

The fully mechanised underground mining of M/s. SECL at Village Khairaha, Sohagpur established in 513.50Ha lease area at (longitude 81°26"48' & 81°28"16' E and latitude 23°08"08' & 23°10"23' N) held its public hearing on 30th October 2003 and obtained its environmental clearance (EC) on 28th July 2005 for production capacity of 0.585MTPA. The mine started its operation on 26th March 2012 after obtaining Consent to Operate from State Pollution Control Board on 12th October 2011.

Further, unit has obtained EC for expansion on 11th January 2019 with conditions for one year to expand production from 0.585MTPA to 0.819MTPA i.e. 40% of the earlier capacity. On compliance of the conditions the EC was extended for 30 years on 10th January 2020. The Consent to Operate for expansion is valid upto 30.12.2022. Copy of the EC expansion & Consent to Operate is enclosed as Annexure-III.

Presently, there are 02 workable seams i.e. VI(B) & VII(Top), the depth of seams are 77-137meters & 52-107meters respectively. The present average working depth & height are 91m & 3m respectively. The thickness of the seam is 2.5m to 4.72m. As per estimation, 14 years is the balance life of mine with balance reserve of 11.091 Million Ton. The grade of coal is G-7 & G-8 with average ash content of 25%. Presently, mine is under development phase. Mining operation is being carried out at VI-B Seam (B-7 Panel) with Continuous Miner (CM) Set. Continuous Miner set comprises 01 CM Machine, 02 Shuttle Cars along with Feeder Breaker and Twin Bolter for support of the mine. Based on Geological characteristic of various seams encountered in the lease hold area (seam thickness, depth of seam, strata condition, dip of seam and its extent, presence of fault, water seepage etc.), the mine has been planned to be worked out on Board & Pillar method by deploying Continuous Miner Package for main dip development. The excavated coal transported from underground mine The coal from UG is transported from face to surface through Conveyor Belt. At the face the coal is being cut and loaded by CM into shuttle car which carries coal to feeder breaker and feeder breaker(-200mm) discharges coal onto the gate belt conveyor and with the help of a series of belt conveyor the coal is transported up to the surface bunker to surface via covered conveyor belts. Here 04 bunker of 150 T capacity each are provided to handle the coal. The coal from Coal bunker to Burhar railway siding (14Kms from the mine) transported via road by tarpaulin/green net covered trucks.

It is pertinent to mention that there are 07 working mines (Underground (UG)- 04, Open cast (OC) - 02, High wall (Mixed)-01) in about 16KMs radius of Khairaha mine. Mines viz. Damni, Rajendra & Khairaha uses the same road network of 14KMs length to transport their mined coal to Budhar railway siding. Out of this 14KMs road length, about 03 KMs road length is constructed by Public Work Department which is maintained by the mine management itself. The details of the 7 mines are as tabulated below:

S.

No.

Name of the mine

OC/ UG

Peak ProductionCap acity (MTPA)

ML area (Ha)

Life of Mine (Years)

1

Khairaha

UG

0.819

472.065

17

2

Rajendra

UG

0.625

590

14

3

Bangwar

UG

0.65

496.647

20

4

Damni UG

UG

0.48

335

16

5

Amlai OC Sec B

OC

2.025

190.995

6

6

Dhanpuri OC

OC

2.725

1075.78

3

7

Sharda Highwall

Mixed

0.85

871.205

12

TOTAL

8.174

4031.692

3.0 Compliance status of the Environmental Clearance conditions

M/s. Khairaha Underground Coal Mining Project obtained its Environmental Clearance (EC)-expansion from 0.585MTPA to 0.819MTPA on 11th January 2019. The compliance status of EC-expansion conditions are as tabulated below:

Specific Conditions

S. No.

Condition

Compliance status

1.

The project proponent shall collect and analyze one season data for environmental parameter sand submit for consideration of the EAC before 31stDecember, 2019.

Complied, One season data has been collected for the period April’2019 to June’19though Central Mine Planning And Design Institute Limited (CMPDI) and submitted for EAC consideration. Later, EAC accorded EC extension for 30 years on 10th January 2020. Copy of the EC extension dated 10.1.2020 is enclosed as

Annexure-IV.

2.

The project proponent shall obtain Consent to establish from the State Pollution Control Board for capacity of 0.819 MTPA prior to

commencement of the increased production.

Complied, CTE had granted vide CTE no. 49416, Validity: 30/11/2019.

Copy of the CTE is enclosed as Annexure-V.

3.

Transportation of coal from face to coal heap shall be carried out by belt conveyor. Further, the coal transportation from coal heap to Coal Handling Plant shall be carried

out through covered trucks.

Complying, Coal transportation from UG to Surface is being done by covered convey or be lifted with water sprinkler and further transportation from mine to railway siding and for road sales is being done through tarpaulin/green net covered trucks.

4.

Mitigating measures to be undertaken to control dust and other fugitive emissions all along the roads by providing sufficient numbers of water sprinklers.

Complying, 14nos. of water sprinklers have been installed at coal stock yard and one mobile tanker of5 KL capacity is provided for dust suppression at a regular manner.

Apart from this one exclusive truck mounted mist fog machine is being procured for Rajendra and Khairaha UG Mine for water sprinkling at coal transportation road. Copy of the purchase order dated 14.1.2022 is enclosed as Annexure-VI.

A proposal for construction of 12 feet high wind breaking wall along the coal stock yard is also under process.

5.

Sufficient coalpillarsshallbeleftun- extractedaroundtheairshaft(withinthesubsid enceinfluence area) to protect from any damage from subsidence ,if any.

Being compiled, Three inclines have been pushed from centre of the property to reach the coal seams; out of which incline 1 and 2 are air intake drifts where as incline number 3 is air return drift.

The details are as:

S.

No

Inclin e

Purpose

Dimension

(width, height gradient & length)

1.

Incline No.1

Coal transport & travelling, Main Intake

airway

4.8 m x 3 m, 1 in 4.5, Total length-490 m.

2.

Incline No.2

Material transport, Main

Intake airway

4.8 m x 3 m, 1 in 4.5, Total length-490 m.

3.

Incline

No.3

Main Return

airway

4.8 m x 3 m, 1 in 4.5, Total

length-490 m.

As per the DGMS norms, all these drifts shall remain during depillaring stage. These shall be provided with sufficient pillars to

safe guard the structure as per the DGMS norms and also as per

pillar designing done by CMPDI for stability. The condition will be complied during de-pillaring stage.

6.

Solidbarriershallbeleftbelowtheroadsfallingwit hintheblocktoavoidanydamagetotheroads and bnodepillaringoperationshallbecarriedoutbelo wthe township/colony.

Being compiled, At present the mine is in development stage. Project proponent is committed that during depillaring sufficient barrier coal pillars shall be left unextracted under and around Road and Township/Colony to protect from any damage from subsidence.

7.

Depressionduetosubsidenceresultinginwater accumulatingwithinthelow- lyingareasshallbefilledup ordrained out bycuttingdrains.

Beingcompiled,Atpresentthemineisindevelopment stage.As per the Project Proponent, they are committed to comply condition duringdepillaring(in2023- 24),depressionduetosubsidencewillfilledandaccumulatedwaterwill bedrained out bycuttingdrains.

8.

Regular monitoring of subsidence movement

Complying,Presentably, during development subsidence

on

monitoring is being done by visual inspection.A committee of four

thesurfaceoverandaroundtheworkingareaan

officials involving

dimpact on natural drainage pattern, water

CollieryManager,KhairahaUGmine,SafetyOfficerKhairaha UG mine,

bodies,vegetation, structure, roads and

Surveyor Khairaha UG mineand Sub-ordinate Engineer (Civil)

surroundings

Khairaha SubArea has been constituted by the Dy. GM(M)/Sub

shouldbecontinuedtillmovementcasescomple

Area Manager, Rajendra Sub Area vide itsofficeorderdated10-10-

tely.Incase of observation of any high rate of

2019formonitoringandreportingofsubsidencewithintheminelease-

subsidencemovement,appropriateeffectivecor

holdarea/mineboundaryofKhairahaUG.

rectivemeasures should be taken to avoid

loss of life

andmaterials.Cracksshouldbeeffectivelyplug

gedwithballast andclaysoil/suitable

materials.

9.

Garland Surface drains (Size, gradient and length)around the safety areas such as mine shaft and lowlying areas and sump capacity should be designedkeeping 50% safety margin over and above the peaksudden rain fall and maximum discharge in the areaadjoining the mine sites. Sump capacity should alsoprovide adequate retention period to allow propersettling of silt material. Sufficient number of pumpsof adequate capacity shall be deployed to pump outminewaterduringpeak rain fall.

Complying, TheminesumpwaterisdrainedthroughthepuccaRCCcatch/garlanddr ainsandpassedthrough the Settling Tanks and the clean water isthen treated in the newly established mine waterfilterplantof15000Gallon/hrcapacity.Aftertreatment the treated water is then supplied tonearbyKhannath villagefor domesticuse. For further improvement in siltation, required amount of alum dosing is suggested.

Sump capacity has designed and allowed propersettlingofsiltandsedimentmaterialsandprovidedadequatenum ber ofpumpstopumpout the UG mine sump water to the surface areathrough surface settling tanks, the clean water ispartlyusedforminingoperations,dustsuppression,plantationactiviti es,washings,etc.a part of the total amount is supplied to Khannathvillage and rest of the water is discharged to Baisaha Nala for irrigation purpose to the villagers nearby ML area, further this Baisaha Nala meets to theSarfanalla from where the mine water gets storedin Sarfa dam for further distribution to ShahdolTown after treatment in Water treatment Plant operated by Municipal Council, Shahdol.A total of 5 underground mine sumps exist in

theUG.

10.

Sufficientnumberofpumpsofadequatecapacity shallbedeployedtopumpoutminewaterduring peakrain fall.

Complying,Installed capacity of 04 pumps is 10500 KLD. As per the assessment of the CMPDI, the seepage from mine working is estimated to be 7000 KLD. The peak rainfall in an area of 11.432 ha (Mine area) is estimated to be 540 KLD. Thus it is expected that total water generation will be 7540 KLD. Thus proponent has installed adequate capacity pumps to pump out the rain water

during peak rain fall.

11.

ThecompanyshallobtainapprovalofCGWAforu seofgroundwaterforminingoperationsatitsenh

ancedcapacityof 0.819MTPA.

Complied, the mine has been granted with the

No Objection Certificate from the CGWA vide NOC NO. CGWA/NOC/MIN/ORIG/2021/13751 that is valid from 16.11.2021

to 15.11.2023

12.

Continuous monitoring of occupational safety andother health hazards, and the corrective actions needtobe ensured

Complying,The project proponent carrying out regular health check- up of the mine employees. 89, 92 & 80 medical examinations of departmental employees were conducted in FY 2019-20, 2020-21 & 2021-22 respectively. Also vocational training was imparted to 39 contractual & departmental employees on each FY since 2019. And

PP is providing PPEs for safety assurance.

13.

AthirdpartyassessmentofECcomplianceshall beundertakenonceinthreeyearsthroughagenc ylikeICFRE/NEERI/IIToranyotherexpertagen

cyidentifiedbythe Ministry.

Complied, The assessment of EC compliance has been conducted by ICFRE, Dehradun during30.10.2019 to 05.11.2019. Copy of the report is enclosed as Annexure-VII.It is applicable for 3 years, next

due date is on November for which proposal is in process

Generic condition

(A) Mining

S.

No.

CONDITION

COMPLIANCESTATUS

1.

Mining shall be carried out under strict adherencetoprovisionsoftheMinesAct1952andsubordi natelegislationsmadethere-underasapplicable.

Complying. Mine is carried out asperapplicableprovisionsofMinesAct1952&subordinatelegislati ons.

2.

No change in mining method i.e. UG to OC, calendar Programme and scope of work shall bemadewithoutobtainingpriorapprovaloftheMinistryof Environment,Forests and Climate Change (MoEF&CC).

Agreed to comply.

This mine is working with underground method; there is no any change in mining method and scope of work. In case of any change, the prior approval shall be taken from MoEF & CC.

3.

Mining shall be carried out as per the approvedmining plan (including mine closure plan) abidingby mininglawsrelatedtocoalminingandtherelevant circulars issued by Directorate General ofMines

Safety(DGMS).

Being Complied, Mine working is being doneasperapprovedmineplan(includingmineclosure plan) and DGMS mining rules.

4.

Undergroundworkplaceenvironmentalconditionsshall berenderedergonomicandairbreathablewithadequatei lluminationinconformancewith DGMS standards.

Being Complied.Environmental conditionsin the undergroundare ergonomic and air breathable with adequateillumination.

Ventilation survey, illumination survey, noisesurvey, gas analysis of underground workingsarecarriedoutasperstatueandrecordsmaintainedbySafet

yOfficerasper procedures.

5.

No mining activity shall be carried out in forestland without obtaining Forestry Clearance as perForest (Conservation) Act, 1980 and also adheringtoTheScheduledtribesandotherTraditionalFo restDwellers(RecognitionofforestRights)Act,2006read withprovisionsofIndianForest

Act,1927.

Agreed to comply, No mining activity shall becarried out in forest land without taking priorForestClearance.

No mining activity should be carried out in forest area until or unless the area is cleared under FC act 1980, as per the project proponent around 0.5 MT coal is getting blocked in these areas which proponent is committed for non- exploitation.

Based on Surface Plan/Survey of India Topo Sheet and as per the physical verification, there are 5 forestry patches (Total area: 6.825 ha) have been found in the ML area:

Forest Patch-1: It is the largest forest patch covering an area of 5.094 ha which is located towards NW side of lease adjacent to the Sarpha Nala. Part of the area isunder cultivation by the local villagers and remaining part of the area is having sparse vegetation.

Forest Patch-2: It is located towards Northern side in an area of 0.1 ha within the lease area.

Forest Patch-3: It is located towards Western side in an area of 0.332 ha within the lease area.

Forest Patch-4: It is located towards SW side in an area of

0.166 ha, within the lease area.

Forest Patch-5: It is located towards SE side in an area of

1.133 ha within the lease area.

The PP has informed that these 5 forest patches with a total area of 6.825 ha have been excluded from the present land use of the mining and therefore no coal mining will be conducted

from below the area of these forest patches

6.

Efforts should be made to reduce energy and fuelconsumptionbyconservation,efficiencyimproveme ntsanduseofrenewableenergy.

Being complied,Two nos. of solar light at mine office block areinstalled. Further plan is underway toinstall04moresuchlightindifferentplacesinminesiteinfuture.

(B) Land Reclamation and Water Conservation

S.N

CONDITION

COMPLIANCESTATUS

1.

Digital Survey of entire lease hold area/corezone using Satellite Remote Sensing surveyshallbe carried out at least once in threeyearsformonitoringlandusepatternandreportin1: 50000scaleorasnotifiedbyMinistryofEnvironment,For estandClimateChange(MoEFCC)fromtimetotimeshall besubmittedtoMoEFCC/

RegionalOffice(RO).

Being Complied, Digital Processing of lease area using remote sensing technique is being done.

2.

Post- mininglandberenderedusableforagriculture/forestryp urposesandshallbehandedovertotherespectiveStateG overnment, as specified in the GuidelinesforpreparationofMineClosurePlan,issuedby theMinistryofcoaldated27August2009and subsequentamendments.

Agreed to Comply, The condition will be complied as per guidelines.

3.

Regularmonitoringofsubsidencemovement on the surface over and aroundthe working areas and its impact on

naturaldrainagepattern,waterbodies,vegetation,struc ture,roadsandsurroundingsshallbecontinued till movement ceases completely.In case of observation of any high rate ofsubsidencebeyondthelimitprescribed,appropriateeff ectivemitigationmeasuresshallbetakentoavoidlossoflif eandmaterials.Cracksshouldbeeffectivelypluggedinwi thballastandclaysoil/suitable

material.

Complying,Presentably, during development subsidence monitoring is being done by visual inspection.A committee of four officials involving CollieryManager,KhairahaUGmine,SafetyOfficerKhairaha UG mine, Surveyor Khairaha UG mineand Sub-ordinate Engineer (Civil) Khairaha SubArea has been constituted by the Dy. GM(M)/Sub Area Manager, Rajendra Sub Area vide itsofficeorderdated10-10- 2019formonitoringandreportingofsubsidencewithintheminelease

-holdarea/mineboundaryofKhairaha UG.

Project proponent is advised to monitor the subsidence movement on the surface and around the various areas and its impact on natural drainage pattern, water body and road structure, should be continue as per the prevailing practices.

Special attention must be given during depillaring resulting into cracks and fissures developed if any, should be effectively

plugged with ballast and clay soil etc.

4.

Fly ash shall be used for external dump ofoverburden, backfilling or stowing of mineasperprovisionscontainedinclause(i)and(ii)ofsub paragraph(8)offlyashnotificationissuedvideSO2804(E) dated 3rdNovember 2009 asamended from timetotime. Efforts shall be made to utilize gypsumgeneratedfromFlueGasDesulfurization(FGD),i fany,alongwithflyashforexternaldump of overburden, backfilling or

stowingofmines.Compliancereportshallbesubmittedto RegionalOfficeofMoEF&CC,CPCBandSPCB.

Not applicable, Since it is an underground coalmine,thereisnoscopeofflyashfillingbecausedepillaringispropo sedbyCaving.Thereis no external Dump in theMLarea.However, As informed by PP,the overburden waste generated during the initial years of operations are stored in and around the mine entrance and it has been utilized completely as packing materials in haulage tracks.

5.

A separate team for subsidence monitoringandsurfacemitigationmeasuresshallbecon stitutedandcontinuousmonitoring&implementationof mitigationmeasuresbecarriedout.

Complying,AcommitteeoffourofficialsinvolvingColliery Manager, Khairaha UG mine, SafetyOfficer Khairaha UG mine, Surveyor KhairahaUGmineandSub-ordinateEngineer(Civil)Khairaha Sub Area has been constituted by theDy. GM(M)/ Sub Area Manager, Rajendra

SubAreaformonitoringandreportingofsubsidence within themine lease- hold area/mineboundaryof KhairahaUG

6.

Throughinspection of the mine leaseareafor any cracks developed at the surface dueto mining activities below ground shall becarried out to prevent inrush of water in themine.

Being Complied,Nosuchcracksorsubsidencehasbeendeveloped in the mining area as the mine is inthe developmental stage, however to safeguardthe mine from inrush of water, a team has beenconstituted,whichshould

takenecessaryactiontopreventinrush ofwater.

7

Nativetreespeciesshallbeselectedandplantedoverareas affected bysubsidence.

Being Complied, During visit of the Khairaha UG mine, no any subsidence was observed. However, if any occurrence of subsidence in this UG mine in near future duringoperational phase occurs, the Project Proponent has to take up appropriate action as per EC condition of MoEF&CC by planting high root density native tree species at the affected areas.

8

The project proponent shall make necessaryalternative arrangements, if grazing land isinvolved in core zone, in consultation withtheStateGovernmenttoprovidealternateareasforH on’bleSupremeCourtwithregardto acquiringgrazingland.

Complied,Nograzinglandinvolvedincorezoneof KhairahaUGMine

(C) Emissions, Effluents, and waste disposal-

S.N

CONDITION

COMPLIANCESTATUS

1.

Transportationofcoal,totheextentpermitted by road, shall be carried out bycovered trucks/conveyors. Effective controlmeasuressuchasregularwater/mistsprinkling/ raingunetc.shallbecarriedoutin critical areas prone to air pollution (withhigher values of PM10/PM2.5) such as haulroad, loading/unloading and transfer points.Fugitivedustemissionsfromallsourcesshallbeco ntrolledregularly.ItshallbeensuredthattheAmbientAir Qualityparameters conform to the norms prescribedbytheCentral/StatePollutionControlBoard.

Being Complied.

Following action were taken to control the fugitive emission:

-Installed 14 fixedsprinklersalongcoalstock yard andentranceof themine.

-One mobile water tanker (5KL capacity) is used for dustsuppressionat coaltransportation road

  • Procured 1 truck mount mist fogger machine for dust suppression on the haul road
  • The railway siding is barricaded with approx. 12 ftbrickwall and green canopy and fix water sprinklersareinstalled in thesidingpremise.

-Regular monitoring of ambient air quality isbeingdonebyCMPDILandbyMPPCB,Shahdol,inmineandinthera ilwaysidingandthevaluesarewell withinprescribednorms.

However, it is recommended to install the height of coal siding area brick wall by Tin shed/green net to further minimize dust pollution.

2.

Greenbelt consisting of 3-tier plantation ofwidth not less than 7.5 m shall be developedallalong the mine lease area ina phasedmanner. The green belt comprising a mix ofnative species shall be developed all alongthemajorapproach/coaltransportationroads.

Being Complied, Greenbelt has been developed all around thebunker;coalstockyardandmineofficepremises through the M. P. Rajya Van VikasNigam,Umariaduringtheyear2011byplanting of 5000 nos. of both native and exotictreespecies.12000noofplantshavebeenplanted in year 2021 along the coal transportation route forminimization of air borne dust. The survival rate was 96.7%. Further, it is recommended that PP shall ensure development of thick 3-tier greenbelt by planting more number of fruit bearing, native and Sulphur resistant plants.

3

.

The transportationofcoalshallbecarriedout as per the provisions and route proposedin the approved Mining Plan. Transportationof the coal through the existing road

passingthroughanyvillageshallbeavoided.Incase, it is proposed to construct a ‘bypass’road, it should be so constructed so that theimpactof sound,dustandaccidentscouldbeappropriatelymitigat ed.

Being Complied, The coal from the mine to railway siding transport through 14 Kms road network. Out of which approx. 3KMs road patch is developed by PWD. Rest is developed by PP. Presently, whole the road length is maintained by proponent. A work order released on 9th April 2022 to re-carpeting of PWD road was awarded with 5 years comprehensive maintenance. Copy of the order is enclosed as Annexure-VIII.

There is noanymajor population/villageinhabitthere on the road side.The speed of trucks also monitored through GPS enable

system, average speed ranges from 20 to 30 KM/hr.

4.

Vehicularemissionsshallbekeptundercontrolandregul arlymonitored.Allthevehiclesengagedinminingandallie dactivities shall operate only after obtaining‘PUC’certificatefromtheauthorizedpollutiont

estingcenters.

Beingcomplied,

-PUCcertifiedvehiclesareonlydeployedforcoaltransportation.

5.

Coalstockpile/crusher/feederandbreakermaterial transfer points shall invariably beprovided with dust suppression system. Belt-conveyors shall be fully covered to avoid airbornedust.Sidecladdingallalongtheconveyor gantry should be made to avoid airborne dust. Drills shall be wet operated orfittedwith dust extractors.

Being Complied.

-UG to surface transport through Beltconveyor.

-Coalstockyardandrailwaysidingisequippedwithwatersprinklers.

-Railway siding is covered with brick boundarywallandgreen canopy.

-Sidecladding gantryalongconveyorisprovidedto avoid air borne dust.

-Mobilewatersprinklerisdeployedonroadtransport.

-Drillingisnotpracticedinthismineandnocrusheris installed in this mine.

6.

Coal handling plant shall be operated witheffectivecontrolmeasuresviz.bagfilters/water or mist sprinkling system etc tocheckfugitiveemissionsfromcrushingoperations, conveyor system, transfer pointsetc.

Being Complied, At Khairaha UG the mining is being done withcontinuous miner with feeder breaker to size100mmtooversizedcoal.Thecontinuousminerworkswithmists praysystemtominimizedust emission.

No CHP is there at the mine. For controllingdustemission fromconveyor system,beltiscompletelycoveredandprovidedwithmist sprinklersystem.

7.

Ground water, excluding mine water, shallnotbeusedforminingoperations.Rainwater harvesting shall be implementedforconservationandaugmentationofgrou nd water resources.

Complying,No ground water is used for mining operation.The seepage through underground workings ispumped into the settling tanks. The water is reused forsprinklingandinundergroundoperations after the settling.

.

Catch/garland drains and siltation ponds ofappropriate size shall be constructed aroundthemine working,coal heaps&

-OB dumps to prevent run off of water andflow of sediments directly into the river andwaterbodies.Further,dump material shallbeproperlyconsolidated/compactedandaccumul ation of water over dumps shall beavoided by providing adequate channels forflowofsiltintothedrains.- Thedrains/pondssoconstructedshallberegularly de- silted particularly before onsetofmonsoonandmaintainedproperly.

-Sumpcapacityshouldprovideadequateretention period to allow proper settling ofsilt material. The water so collected in thesump shall be utilized for dust suppressionmeasuresandgreenbeltdevelopment.

-

Dimensionoftheretainingwallconstructed,ifany,atthet oeoftheOBdumps within the mine to check run-off andsiltation should be based on the rainfall data.The plantation of native species to be

madebetweentoeofthedumpandadjacent field/habitation/waterbodies.

Being Complied.

-

Catch/garlanddrainsandsiltationpondofappropriatesizeareconst ructedaroundthemineworking and coal heaps.

  • This is a UG mine, therefore the conditionsofOBis not applicablefor this mine.
  • Catch/garlanddrainsandsiltationpondofappropriatesizeareco nstructedaroundthemineworkingandcoalheapsandregularmain tenance and desiltingis beingdone.
  • Sumpcapacitywithadequatecapacityisprovide(undergroundca pacity-20400cum/day, peaksudden rainfallwatergeneration

-540Cum).

  • Mine is underground,this condition is notapplicable.

09

Industrial waste water generated from CHP,workshop and other waste water, shall beproperly collected and treated so as toconform to the standards prescribed underthe Environment (Protection) Act, 1986

andtheRulesmadethereunder,andasamendedfrom time to time. Oil and grease trap shallbe installed and maintained fully functionalwith effluents discharge adhering to thenorms. Sewage treatment plant of adequatecapacity shall be installed for treatment ofdomesticwaste.

Being Complied,The mine sump water is drained through the pucca RCC catch/garland drains and passed through the Settling Tanks and the clean water is then treated in the newly established mine water filter plant of 15000 Gallon/hr capacity. After treatment the treated water is then supplied to nearby Khannath village for domestic use. For further improvement in siltation, required amount of alum dosing is suggested.Sump capacity has designed and allowed proper settling of silt and sediment materials and provided adequate number of pumps to pump out the UG mine sump water to the surface area through surface settling tanks, the clean water is partly used for mining operations, dust suppression, plantation activities, washings, etc. a part of the total amount is supplied to Khannath village and rest of the water is discharged to Baisaha Nala for irrigation purpose to the villagers nearby ML area, further this Baisaha Nala meets to the Sarfa nalla from where the mine water gets stored in Sarfa dam for further distribution to Shahdol Town after treatment in Water treatment Plant operated by Municipal Council, Shahdol. A total of 5

underground mine sumps exist in the UG.

10

Adequate groundwater recharge measuresshall be taken up for augmentation ofground water. The project authorities shallmeetwaterrequirement ofnearbyvillage(s)in case the village wells go dry due todewateringof mine.

Being Complied,A

groundwaterrechargestructurehasbeencreatedatminesofficeofKh airahaprojectwithatotalsurfaceareaof125sq.mforcollectionofrain water.Thecollectedrainwater is passed through a recharge pit and wasfoundin working condition.

TheminesumpwaterisdrainedthroughthepuccaRCCcatch/garlan ddrainsandpassedthroughtheSettlingTanksandthecleanwaterist hentreatedinthenewlyestablishedminewaterfilterplantof15000G PHcapacity.Aftertreatmentthetreatedwateristhensupplied to nearby Khannath village

fordomesticuse,restofthewaterafterindustrialuseisdisc hargedtotheSarfa nallafromwheretheminewatergetsstoredinSarfadamforfurtherdis tributiontoShahdolTown.

It is further recommended that more number of ground water recharge pits/ponds shall be constructed, reclaimed in the village areas where mined water is not being supplied or

provided.

(D) ILLUMINATION, NOISE & VIBRATION-

S.N

CONDITION

COMPLIANCESTATUS

1.

Adequatemeasuresshallbetakenforcontrol of noise levelsbelow 85 dB(A) inthe work environment. Workers engaged inunderground mining operations, operation ofHEMM, etc. shall be provided with personalprotectiveequipments(PPE)likeearplugs/muf fsinconformitywiththeprescribed norms/guidelines in this regard.Progress in usage of such accessories to bemonitored. Adequate awareness programmeforusers to beconducted.

Being Complied,Continuousminerisdeployedwithfeederbreakers in underground mining, which do notproducenoiseupto85dB(A)inworkenvironment. However, The worker engaged inUG mining operations is equipped with PPElikesafetygoggle,DustmaskandEarmuff/earplugsinconformit ywiththeprescribednorms in this regard. During INITIAL/PERIODICAL MEDICAL EXAMINATION (IME/PME)

eachworkerissubjectedforaudiometrictest.Nosuchcases of Noise- Induced Hearing Loss (NIHL) arereported.

2.

The noise level survey shall be carried out asper the prescribed guidelines to assess noiseexposureoftheworkmenatvulnerablepointsinthe minepremises,andreportintheregardshallbesubmitte dtotheMinistry/ROon six-monthlybasis.

Being Complied,Noiselevelmonitoringdoneatvariousvulnerable points and reported noise levels lessthan 85 dB (A). However, workers have beenprovided sufficient protecting measures such asearplugs,muffsinconformitywiththeprescribednorms in this regard.

3.

Controlledblastingtechniquesshallbepracticedinorder tomitigategroundvibrationsand flyrocksas pertheguidelinesprescribed bytheDGMS.

Not applicable.Noblasting

isrequired,Continuousmineriscoalcuttingtechnology.

4.

The noise level survey shall be carried out asper the prescribed guidelines to assess noiseexposureoftheworkmenatvulnerablepointsinthe minepremises,andreportintheregardshallbesubmitte dtotheMinistry/ROon six-monthlybasis.

Beingcomplied. The monitoring reports submitted biannually. Copy of the recent six monthly reports (Oct 2021-March 2022) is enclosed as Annexure-IX.

(E) Occupational health & safety-

S.N

CONDITION

COMPLIANCESTATUS

1.

Adequateilluminationshallbe ensuredinallminelocations(asperDGMSstandardsand monitored).

Being Complied,Arrangementforadequateilluminationinminelocations as per DGMS standards is made anditsmonitoringis also

beingdone.

2.

Theprojectproponentshallundertakeoccupationalheal thsurveyforinitialandperiodicalmedicalexaminationof theworkers engaged in the project and maintainrecords accordingly as per the provisions ofthe Mine Rules, 1955 and DGMS circulars.Besidesregularperiodichealthcheck-up,20% of the workers identified form workforceengagedintheactiveminingoperationsshallb esubjectedtohealthcheck-upforoccupational

diseases and hearingimpairment,ifany.

Being Complied,HealthsurveyforworkersbyconductingIME/PME as per the provisions of Mines Ruleand DGMS circulars is being done. 89, 92 & 80 medical examinations of departmental

employees were conducted in FY 2019-20, 2020-21 & 2021-22 respectively.As informed, No case of Pneumoconiosis and NIHLhasbeen reportedyet.

3.

Personnel(includingoutsourcingemployees)workingin dustyareasshallwear protective respiratory devices and shallalsobeprovidedwithadequatetrainingandinforma tionon safetyandhealth aspects.

Being Complied,Arrangement for adequate illumination in minelocations as per DGMS standards is made anditsmonitoringis also beingdone.

4.

Skill training as per safety norms specifiedby DGMS shall be provided to all workmanincludingtheoutsourcingemployeestoensure high safetystandards in mines.

Being Complied,Regular training of the workforce is being done and it’s a continual process.

5.

Effectivearrangementshallbemadetoprovideandmaint ainatsuitablepointsconvenientlysituated,asufficients upplyofdrinkingwaterforallthe persons employed.

Being Complied,02no.waterfiltersinstalledforsupplyofdrinking water.

6.

Implementation of Action Plan on the issuesraisedduringthepublichearingshallbeensure d.TheProjectProponentshallundertake all the tasks as per theion PlanSubmitted with budgetary provisions duringthe Public Hearing.Land oustees shallbecompensated as per the norms laid out R&RPolicy of the Company/or the national

R&RPolicy/R&RPolicyoftheStateGovernment,asap plicable.

Being Complied,Various issues raised during public hearing arebeingcomplied.Theseincludemonetaryprovisionstowardsvario usmeasuresforcontainment of air/dust pollution like provisionofmobilewatertanker,plantationsandnecessaryarrange mentforeducation,health,androadconstruction.Thesealsoinclude regularmonitoringofairandwaterqualitythroughagencieslikeCMP DILandM.P.PollutionControlBoard.Land compensationtothe27privatelandownersfromnearbyChirihiti and Khairaha villages amounting to atotalofRs.2175250/havebeenmadefortheir11.432 ha of private

land by 31.07.2010.

Thislandhasbeenusedforestablishmentofinfrastructureslikeoffic epremisesandapproachroadtothemine.

Apartfromlandcompensation,05PAFsbelongingtotheKhairahavill agehavealsobeenprovided

employmentasper theR&R Policyof theCIL.

7.

Theprojectproponentshallfollowthemitigationmeas uresprovidedinthisMinistry’sOMNo.Z- 11013/5712014-

IA.I1(M)dated29thOctober,2014,titledimpact of mining activities on habitations-issues related to the mining projects whereinhabitations and villages are the part of minelease areasor habitationsandvillagesaresurrounded bythe mine

leasearea.

Being Complied, Measures are being taken for minimizing the impact of mining activity on habitation. These include measures for containment of air/dust pollution like provision of mobile water tanker, raising of plantations, monitoring of air and water quality and construction of blacktop road.

(F) ECOSYSTEM AND BIODIVERSITY CONSERVATION-

S.N

CONDITION

COMPLIANCESTATUS

1.

Theprojectproponentshalltakeallprecautionarymeasu resduringminingoperation for conservation and protection ofendangeredflora/fauna,ifanyspotted/reported in the study area. The Actionplan in this regard, ifany shall be

preparedandimplementedinconsultationwiththeState ForestandWildlifeDepartment.

Being Complied,Award of work order issued to the Director, Tropical Forest Research Institute, Jabalpur for “Study of Flora and Fauna and preparation of Wildlife Conservation Plan including Endangered species if any and Comprehensive study of impact of mining on the Wildlife for Rajendra UG and Damini UG mine of Sohagpur Area of SECL” (vide Letter No. SECL/SGP/ENVT/18/771 dated 13th December 2018.

2.

Greenbelt consisting of three tier plantation ofwidth not less than 7.5 m,shall be developedallalongthemineleaseareainaphasedmanner

.Thegreenbeltcomprisingofamixof native species shall be developed all alongthemajorapproachroads/coaltransportationroa ds.

Being Complied, Greenbelt has been developed all around thebunker;coalstockyardandmineofficepremises through the M. P. Rajya Van VikasNigam,Umariaduringtheyear2011byplanting of 5000 nos. of both native and exotictreespecies.12000noofplantshavebeenplanted in year 2021 along the coal transportation route forminimization of air borne dust. The survival rate was 96.7%. Further, it is recommended that PP shall ensure development of thick 3-tier greenbelt by planting more number of fruit bearing, native and

Sulphur resistant plants.

(G) PUBLIC HEARING, R & R AND CSR-

S.N

CONDITION

COMPLIANCESTATUS

1.

Implementationoftheactionplanontheissues raised during thepublic hearing shallbeensured.Theprojectproponentshallundertakea llthetasks/measuresaspertheactionplansubmittedwit hbudgetaryprovisionsduringthepublichearing.Lando ustees shall be compensated as per the normslaiddownintheR&Rpolicyofthecompany/State Government/CentralGovernment,asapplicable.

Being Complied,Various issues raised during public hearing arebeingcomplied.Theseincludemonetaryprovisionstowardsvar iousmeasuresforcontainment of air/dust pollution like provisionofmobilewatertanker,plantationsandnecessaryarrang ementforeducation,health,androadconstruction.Thesealsoincl uderegularmonitoringofairandwaterqualitythroughagencieslike CMPDILandM.P.PollutionControlBoard.Land compensationtothe27privatelandownersfromnearbyChirihiti and Khairaha villages amounting to atotalofRs.2175250/havebeenmadefortheir11.432 ha of private land by 31.07.2010.

Thislandhasbeenusedforestablishmentofinfrastructureslikeoffi cepremisesandapproachroadtothemine.

Apartfromlandcompensation,05PAFsbelongingtotheKhairahavi llagehavealsobeenprovided

Employmentasper theR&R Policyof theCIL.

2.

Theprojectproponentshallensuretheexpendituretow ardssocio-economicdevelopment in and around the mine, in

everyfinancialyearasperthecorporatesocialresponsib ilitypolicyaspertheprovisionundersection135oftheC ompaniesAct,2013.

Beingcomplied, AsperCSRpolicyofcompanytheworkrelatedtoCSRisbeingdonein nearbyvillagesof project. Recently, One Mine water filter plant is established inthe mine premise from which water is beingsuppliedtonearbyvillagers.OtherCSRActivitiesarealsobein gdoneatArealevelforthebettermentofsocio- economicconditionsorsurroundingarea.

It is recommended that PP need to take more CSR activities related to groundwater recharge structures, pond construction, reclaimation of ponds and health facilities may

be taken up.

3.

Theprojectproponentshallfollowthemitigationmeasu resprovidedintheMinistry’sOMNo.Z- 11013/5712014-IA.I1(M)dated29

October,2014titled‘Impactofminingactivitiesonhabit ationissuesrelatedto the mining projects wherein habitations andvillages are the part of mines lease areas orhabitationsandvillagesaresurroundedbytheminele asearea’.

Being Complied.Various measures have been taken for containment of air/dust pollution like provision of mobile water tanker, plantations, construction of blacktop road for transport of coal. Regular monitoring of air and water quality through agencies like CMPDIL.

4.

The project proponent shall make necessaryarrangements, if grazing land is involved incorezone,inconsultationwiththeStateGovernmentt oprovidealternateareasforlivestock grazing, if any. In this context, theprojectproponentshallimplementthedirectionofH on’bleSupremeCourtwith

regardto acquiringgrazingland.

Notapplicable,Thereis no any grazing landinvolvedincorezoneunder theproject.

(H) CORPORATE ENVIRONMENT RESPONSIBILITIES-

S.N

CONDITION

COMPLIANCESTATUS

1.

Thecompanyshallhaveawelllaiddownenvironmentpoli cy duly approvedby Boardof Director. The environment policy shouldprescribe for standard operation procedures tohave proper checks and balances and to bringintofocusanyinfringements/deviation/violationo

ftheenvironmentofforestnorms/conditions.Also,theco

Complied,

Unit has board approved corporate Environment policy.

mpanyshallhaveadefinesystemofreportingofnon- compliances/violationsofenvironmentalnormstoallBo ardofDirectorand/or

Shareholders/stakeholders.

2.

Theprojectproponentshallcomplywiththeprovisionsco ntainedintheMinistry’sOMdated1May,2018,asapplica ble,regardingCorporateEnvironmentResponsibility.

Beingcomplied, The activities under CER like drinking watersupply to villager, rainwater harvesting etc.isbeingdone.

3.

ThehierarchicalsystemorAdministrativeOrderoftheco mpanytodealwithenvironmentissuesandforensuringc ompliancewiththeenvironmentclearanceconditionssh allbedisplayedonwebsiteoftheCompany.

Complied,CompanylevelECconditioncompliancemonitoringteam is constituted.

4.

A separate environment management cell bothat the project and company headquarter level,with suitable qualified shall be set-up underthe control of a Senior Executive, who willreportdirectlytotheHeadofthe Organization.

Complied.

Separate environment management cell withsuitable qualified person have established andfunctioningat project and companylevel.

5.

ActionplanforimplementingEMPandenvironment conditions shall be prepared andshallbedulyapprovedbycompetentauthority. The year wise funds earmarked forenvironmentalprotectionmeasuresshallbekeptinse parateaccountandnottobedivertedforanyotherpurpose

.Yearwiseprogressofimplementationofactionplanshall bereportedtotheMinistry/RegionalOfficeralongwithth

eSixMonthlyComplianceReport.

Beingcomplied,A separate fund for Environmental Activities(Monitoring, HW authorization, water spraying, O&M, Rainwater harvesting etc.) and implementation of EMP of the mine isapproved. And this fund is not being divertedforanyother purpose.Yearly progress report is being submitted totheMoEFCCregionalofficethrough6monthlycompliancereports.

6.

Self-environmental audit shall be conductedannually.Everythreeyearsthirdpartyenviro nmentalaudit shallbecarriedout.

Beingcomplied, Self-environmental audit is being done by Sixmonthly EC compliance and field visit, Theassessment of EC compliance has been conductedbyICFRE,Dehradunduring30.10.2019to05.11.2019.

(I) STATUTORY OBLIGATIONS-

S.N

CONDITION

COMPLIANCESTATUS

1.

The environmental clearance shall be subjectto order of Hon’ble Supreme Court of India,Hon’bleHighCourt,NGTandanyotherCourtofLaw fromtimetotime,andasapplicabletotheproject.

Agreed to Comply.

2.

The environmental clearance shall be subjectto obtaining wildlife clearance, if applicable,fromtheStandingCommitteeofNationalBoar dsforWildlife.

Agreed to Comply.

However,only tenancy and govt. landinvolve covered under the project area and noanyReserve Forest,wildlifesanctuary,wildlifecorridorfallwithradius of15KM.

3.

The project proponent shall obtain Consent toEstablish/Operate under the Air Act, 1981 andtheWaterAct,1974fromtheconcernedStatePollutio nControlBoard.

Complied,CTEgrantedasperNo.49416, Dated-30.01.2019.

4.

Theprojectproponentshallobtainthenecessarypermiss ionfromtheCentralGroundWaterAuthority(CGWA).

Being Complied, TheminehasbeengrantedwiththeNoObjectionCertificatefromtheC GWA vide NOC NO. CGWA/NOC/MIN/ORIG/2021/13751 that

is valid from 16.11.2021 to 15.11.2023

(J) MONITORING OF PROJECT-

SN

CONDITION

COMPLIANCESTATUS

1.

Adequate ambient air quality monitoring stationsshall be established in the core zone as well as inthebufferzoneformonitoringofpollutants,namely PM10, PM2.5, SO2and NOx.Location ofthestationsshallbedecidedbasedonthemeteorologic al data, topographical features andenvironmentally and ecologically sensitive targetin consultation with the State Pollution ControlBoard.Onlineambientairqualitymonitoringst ations may also be installed in addition to theregularmonitoringstationsaspertherequirementa nd/orinconsultationwiththeSPCB. Monitoring of heavy metals such as Hg,As, Ni, Cd, Cr, etc to be carried out at least onceinsixmonths.

Beingcomplied:

-Airqualitymonitoringisbeingdoneonfollowingstations by CMPDI on regular basis.

-Incorezone (4);

  1. Main gate,
  2. Lamproom,
  3. Electricalsubstation &
  4. ManagerOffice,

-In Buffer zone (4)

  1. Khairaha Village,
  2. Kundri village
  3. Chirahti villageand
  4. Khanathvillage

OneCAAQMSstationisalsoinstalledatColonynear KhairahaUGmine.

2.

Ambient air quality monitoring in the core zoneshall be carried out to ensure the Coal IndustryStandards notified vide GSR 742(E) dated 25-09-

2000andasemendedfromtimetotimebytheCentralPoll utionControlBoard.Dataonambient air quality and heavy metals such as Hg,As, Ni, Cd, Cr and other monitoring data shall

beregularlyreportedtotheMinistry/Regional OfficerandtotheCPCB/SPCB.

Beingcomplied:

MonitoringofAmbientairqualityincorezone is being carried out as per Coal IndustryStandardsnotifiedvideGSR742(E)dated25-09- 2000andasamended.MonitoringdataregularlysubmittedtoMoEF CCandMPPCBwithEnvironmentalauditreport.

PP shall conduct AAQM for Heavy metals too.

3.

Theeffluentdischarge(minewastewater,workshopefflu

ent)shallbementionedintermsoftheparametersnotifie dundertheCoalIndustry Standards vide GSR 742 (E) dated 25-09-

2000andasamendedfromtimetotimebytheCentral Pollution ControlBoard.

Beingcomplied,

-Quality of Mine water is being monitored asperparametersnotifiedundertheCoalIndustry Standards vide GSR 742 (E) dated25-09-2000andasamended.

4.

The monitoring datashall be uploaded onthecompany’s website and displayed at the projectsite at a suitable location. The circular No. J- 20012/1/2006-IA.11 (M) dated 27.05.2009

issued by Ministry of Environment, Forest andClimateChangeshallbereferredinthisregards foritscompliance.

BeingComplied, Monthlymonitoringdataisbeingdisplayedatproject office.

5.

Regular monitoring of underground water leveland quality shall be carried out in and around themineleaseareabyestablishinganetworkofexisting wells and construction new piezometersduring the mining operations. The monitoring ofgroundwaterlevelsshallbecarriedoutfourtimes a year i.e. pre-monsoon, monsoon, post-monsoon and winter. The ground water qualityshall be monitored once a year, and the data thuscollected shall be sent regularly to Ministry ofEnvironment,ForestandClimateChange/RegionalO ffice.

BeingComplied,

Thewaterlevelmonitoringisbeingdonebyseries of existing well and piezometersMonitoringof04parameterofeffluentwaterisbeingcarri edouteverymonthand24parametersmonitoringisdonetwiceinayea r.

ThefinalMonitoringReportsarebeingsubmittedtoMoEFCCwiththe 6monthlycompliance.

It is recommended to carryout periodic testing of the water supplied to the villagers.

6.

Monitoringofwaterqualityupstreamanddownstream of water bodies shall be carried outonce in six months and record of monitoring datashallbemaintainedandsubmittedtotheMinistryof Environment,ForestandClimateChange/RegionalOffi ce.

Beingcomplied.

7.

The project proponent shall submit six monthlyreports on the status of the implementation of thestipulatedenvironmentconditionstotheMinistryof Environment,ForestandClimateChange/RegionalOffi ce.Forhalfyearlymonitoring reports, the data should be monitoredfortheperiodofApriltoSeptemberandOctobe

rtoMarchof FY

Beingcomplied.

8.

TheRegionalOfficerofthisMinistryshallmonitor

Agreed to Comply.

compliance of the stipulated conditions.Theprojectauthoritiesshouldextendfullco operationtotheofficer(s)oftheRegionalOfficebyfurnish

ingtherequisitedata/information/monitoringreports.

(K) MISCELLANEOUS-

S.N

CONDITION

COMPLIANCESTATUS

1.

Effortsshouldbemadetoreduceenergyconsumptionbycon servation,efficiencyimprovementsanduseofrenewableene rgy.

Being Complied.

Two nos. of solar light at mine office block areinstalled. Further plan is underway toinstall04moresuchlightindifferentplacesinminesiteinfuture.

2.

TheprojectauthoritiesshallinformtotheRegionalOfficer egardingcommencementofminingoperations.

Complied.

3.

A copy of the environmental clearance shallbe marked to concerned Panchayat. A copyofthesameshallalsobesenttotheconcernedStatePollu tionControlBoard,Regional Office, District Industry Sector

andCollector’sOffice/Tehsildarofficeforinformationinpub licdomainwithin30days.

Complied.

4.

TheECshallbeuploadingon

thecompany’swebsite.Thecompliancestatusofthestipulat edECconditionsshallalsobeuploaded by the project authorities on theirwebsite and updated at least once every sixmonthssoastobringthesameinpublicdomain.

Complied.

5.

Theprojectauthoritiesshalladvertiseatleastintwolocalne wspaperswidelycirculated,oneofwhichshallbeintheverna cularlanguageofthelocalityconcerned, within 7 days of the issue of thisclearance,informingthattheprojecthasbeenaccorded environmentalclearanceandacopyofthesameisavailablew iththeStatePollutionControlBoard

andalsoatwebsiteoftheMinistry.

Complied.

6.

Theenvironmentalstatementforeachfinancial year ending 31 march in Form-V ismandatedtobesubmittedbytheprojectproponent for the concerned State PollutionControlBoardasprescribedundertheEnvironme nt(Protection)Rules,1986,asamendedsubsequently,shall alsobeuploaded on the company’s websitealongwiththestatusofcomplianceofECconditions and shall be sent to the respectiveRegionalOfficesoftheMoEF&CCbye-mail.

BeingComplied.

7.

The above condition will be enforced inter-

alia,undertheprovisionsoftheWater(prevention&Control ofPollutionAct,1974theAir(Prevention&ControlofPollutio

Agreed to Comply.

n) Act, 1981

theenvironment(protection) Act, 1986

and thepublic Liability Insurance Act, 1991 alongwith their amendments and Rules and anyother orders passed by the Hon’ble SupremeCourtofIndia/HighCourtsandanyotherCourtofL

awrelatingtothesubjectmatter.

5.

Theproponentshallabidebyallcommitments and recommendations made

intheEIA/EMPreportandalsothatduringpresentationtoth eEAC.Allthecommitmentsmadeontheissuesraisedduring publichearingshallalsobe

Implemented in letterand spirit.

Agreed to Comply.

6.

Theproponentshallobtainallnecessaryclearances/appro valsthatmayberequiredbefore the start of the project. The Ministryoranyothercompetentauthoritymaystipulate

any further condition for environmental

protection.

Agreed to Comply.

7.

Anyappealagainstthisenvironmentalclearance shall lie with the National GreenTribunal, if preferred, within a period of

30daysasprescribedunderSection16oft heNationalGreen TribunalAct,2010.

Agreed to Comply.

8.

Thecoalcompany/projectproponentshallbe liable to pay the compensation against theillegal mining, if any, and as raised by therespectiveStateGovernmentatanypointof andtime,intermsoftheordersdated2

august,2017ofHon’bleSupremeCourtinWP(Civil) No. 114/2014 in the matter ofCommonCauseVsUnionof India&others.

Agreed to Comply.

9.

TheconcernedStateGovernmentshallensure no mining operations to

commencetilltheentirecompensationforillegalmining,ifa ny,ispaidbytheprojectproponentthroughtheirrespective Department of Mining & geology, in StrictcomplianceofthejudgmentofHon’ble SupremeCourt

Agreed to Comply.

10.

Thisenvironmentclearanceshallnotbeoperationaltillsuch timetheprojectproponentcomplieswiththeabovesaidjudg mentofHon’bleSupremeCourt,as applicableandotherstatutoryrequirements.

Agreed to Comply.

Further required action by the project proponent in view of the compliance status of the EC conditions:

i. Establish more number of Groundwater recharge structure, construct or reclaim Ponds in nearby villages where water is not being supplied.

ii. Increase the plantation on the road side as per the EC condition.

iii. Further raise the height of railway siding wall from 12ft to 15-20ft in total by Tin sheds.

iv. Increase the water sprinkling frequency on the haul road to further minimize the fugitive emission.

v. Ensure the truck are not overloaded and covered with tarpaulin to avoid fall of coal on the road that results in fugitive emission.

vi. Place speed limit boards on suitable sites of the road network for the truck movement.

vii. Periodically update the display board showing the details of CTO, HW authorization etc. Also translate in Hindi language for understanding of the public.

viii. Monitor the drinking water quality of the water supplied to Khannath village.

ix. Monitor the heavy metals in ambient & water biannually.

4.0 Impact on the Environment by the Project Expansion

To assess the post expansion i.e. 11.1.2019 impact on the environmental quality parameters viz. Ambient Air Quality, Water Quality & Noise level; it was opined to carry out environmental parameters analysis at identified locations and compare the change w.r.t. Pre-expansion level of the environmental quality.

The identified monitoring locations are as tabulated below:

S. No.

Name of monitoring station

Latitude (in degree)

Longitude (in degree)

Air Quality(Core Zone)

1.

Mangers office

23.1596

81.4611

2.

Main gate

23.1582

81.4614

3.

Lamp room

23.1604

81.4604

4.

Electric sub station

23.1590

81.4585

Air Quality (Buffer Zone)

5.

Chirhiti village

23.1491

81.4828

6.

Khannath Village

23.1680

81.4719

7.

Kundrai Village

23.1474

81.4624

8.

Khairaha Village

23.1374

81.4480

9.

Office Of GM, Burhar near coal siding

23.186169

81.571708

Water Quality

1.

Mine water Discharge from plant premises

23.1599

81.4618

2.

Mine water discharge before confluence in

Baisaha nala

23.161350

81.464900

3.

Up stream of Baisaha nala (near Kundari village)

23.1553

81.4672

4.

Downstream of Baisaha nala (near Kanhat

village)

23.1702

81.4680

5.

Drinking water

23.1602

81.4603

Noise Level (Core Zone)

1.

Mangers office

23.1596

81.4611

2.

Main gate

23.1582

81.4614

3.

Lamp room

23.1604

81.4604

4.

Electric sub station

23.1590

81.4585

Noise Level (Buffer Zone)

5.

Chirhiti village

23.1491

81.4828

6.

Khannath Village

23.1680

81.4719

7.

Kundrai Village

23.1474

81.4624

8.

Khairaha Village

23.1374

81.4480

9.

Office Of GM, Burhar near coal siding

23.186169

81.571708

The ambient Air Quality (AAQ) monitoring was conducted twice during 20th May - 21st May 2022 and 27th May - 28th May 2022 for covering the weekly changes in the AAQ. The noise level monitoring was conducted on 20th & 27th May 2022. The water sampling was conducted on 21st May 2022. Copy of the analysis report is enclosed as Annexure-X. The analysis result of the Ambient Air Quality and Noise level in Core and Buffer zone is as tabulated below:

The analysis result of the Ambient Air Quality and Noise level in Core and Buffer zone

Zone

Location

Ambient Air Quality in µg/m3

Noise level dB(A)

20-21st May 2022

27th-28th May 2022

20th May 2022

27th May 2022

SPM

PM10

SO2

NO2

SPM

PM10

SO2

NO2

Day

Night

Day

Night

Core

Mangers office

295

215

38

50

274

208

35

46

63.7

61.5

65.1

60.4

Main gate

284

216

43

52

280

217

34

49

68.6

64.2

69.2

63.9

Lamp room

345

308

38

51

341

299

33

47

73.2

69.2

73.2

69.1

Electric sub station

245

164

36

49

236

154

31

44

64.5

62.5

65.2

61.9

Applicable standards Notification No. GSR 742(E), Dt: 25.09.2000and Ambient Noise standards (Industrial Area)

500

250

120

120

500

250

120

120

75

70

75

70

Buffer

Chirhiti village

-

97

25

38

-

94

20

32

64.1

60.1

60.5

51.5

Khannath Village

-

94

23

32

-

88

20

34

52.4

53

54.3

49.2

Kundrai Village

-

89

24

31

-

87

22

29

53.1

51.5

53.4

51.1

Khairaha Village

-

96

23

30

-

99

22

30

58.9

55.8

56.2

52.2

Office Of GM, Burhar near coal siding

-

206

26

32

-

197

24

31

62.1

58.8

63.4

59.2

Applicable standards NAAQS, 2009 and Ambient Noise standards (Residential area)

-

100

80

80

-

100

80

80

55

45

55

45

The PM10 value was found slightly exceeding from the prescribed standard of 250 µg/m3 at one of the 04 locations of the core zone i.e. lamp room. The prominent wind direction is North-East. The location is situated in downwind.

The noise level was within the prescribed level in Day & Night period at Core zone; whereas it was found exceeding in buffer zone. This is majorly due to localized activities along with vehicle movement.

Further, to assess change in environmental pollutants w.r.t. the mining activities after the increase in expansion; committee opined to compare the change in concentration of pollutant from Year 2018 to 2022.

The level of Ambient Air Quality monitored by project proponent through CMPDI, Mahendragarh & Bilaspur during pre-expansion & post-expansion years was assessed and described below in graphical representation:

Water Quality: The 05 water samples collected on 21.5.2022 were analysed for specified parameters. The analysis was carried out at NABL laboratory of MPPCB, Bhopal Central Laboratory. The analysis results are as tabulated below:

Parameters

Location of sampling

Mine water Discharge from plant premises

Mine water discharge before confluence in Baisaha nala

Up stream of Baisaha nala (near Kundari village)

Downstream of Baisaha nala (near Kanhat village)

Drinking water

pH

7.75

7.94

7.67

7.82

6.7

COD

9.52

9.52

9.52

9.52

-

TSS

40

60

140

40

40

TDS

320

380

500

580

420

Chloride

12.44

12.44

38.28

14.35

10.52

Sulphate

38.02

38.68

142.4

81.4

32.4

Total Alkalinity

-

-

-

-

192

Total Hardness

-

-

-

-

220

NH3-N

-

-

-

-

BDL

Fe

0.13

0.14

0.19

0.18

0.15

Cd

BDL

BDL

BDL

BDL

BDL

Cu

0.013

0.018

0.017

0.017

0.015

Pb

BDL

BDL

BDL

BDL

BDL

Zn

BDL

0.01

0.01

0.09

BDL

Ni

BDL

BDL

BDL

BDL

BDL

Note: All the results are in mg/l except pH

BDL- Below Detection Limit. Detection limits (Cu-0.006mg/l, Fe-0.075mg/l,Zn

0.004mg/l,Ni-0.175mg/l,Pb-0.021mg/l & Cd-0.0004mg/l)

Parameters

Drinking water standards IS 10500:2012

Effluent discharge into sewer or stream or land (Notification No. GSR 742(E), Dt: 25.09.2000 and

Acceptable

Permissible

limit

Limit

General Standards for discharge of

Environmental Pollutants, GSR 801 (E) EPA 1993

pH

6.5-8.5

No relaxation

5.5-9.0

COD

-

-

250

TSS

-

-

100

TDS

500

2000

-

O&G

-

-

10

Chloride

250

1000

-

Sulphate

200

400

-

Total Alkalinity

200

600

-

Total Hardness

200

600

-

Fe

0.3

No relaxation

3.0

Cd

0.003

No relaxation

2.0

Cu

0.05

1.5

3.0

Pb

0.01

No relaxation

0.1

Zn

5

15

5.0

Ni

0.02

No relaxation

3.0

The analysis report revealed that there were no parameters were found exceeding to the prescribed discharge standards or drinking water standards.

The status of water quality monitored by project proponent through CMPDI, Mahendragarh & Bilaspur during pre-expansion & post-expansion years was assessed and described below in graphical representation:

5.0 Impact on the people of the area due to the Project Expansion

To assess the impact on the people of the area due to the expansion, it was opined to have discussion with inhabitant of the nearby village's viz. Khairaha, Khannath & Chirhiti. Further Health & Water quality related issues were discussed with concern authorities. The copy of the communication letters is enclosed as Annexure-XI

5.1 Submission of the inhabitants:

Committee hold it discussion with villagers of Khairaha, Khannath & Chirhiti on 23rd June 2022 and following was submitted in writing:

i. It was submitted by the inhabitant of the nearby Village Khannath villager that the supply of 300KLD filtered water from mine has resolve the issue of drinking water of their village that has population of about 3000 persons.

ii. It was submitted that mine management sprinkle water on the haul road on daily basis.

iii. The truck movement majorly done during 8AM to 6PM with vehicle speed of about 20-30KM/hr. And there is no accident happened due to these trucks movement.

iv. The mined water after treatment is discharged to Bhaisaha Nalla; from there nearby villagers get water for irrigation.

Copy of the submission is enclosed as Annexure-XII

The committee had discussion with the road side shopkeepers of Chirhiti village from where the trucks of 03 mines (Damini, Rajendra & Khairaha) pass, to know if there is any issue of dust pollution & others. It was informed that water sprinkling is carried out 5 days in week and during that period there is no issue of dust pollution; however during left out 02 days, issue of dust pollution rises. In this regard, it was informed by Sh. Krishna, General Manager (Operation) of Khairaha mines that a work order on 9th April 2022 to re-carpeting of 10Kms length road was awarded with 5 years comprehensive maintenance that covers this stretch too and work has already started. After re-carpeting of the road the issue will be resolved. Further committee asked to do sprinkling for all the 7 days to further minimise issue of dust pollution.

During visit, 02 trucks were also checked for their tarpaulin covering. It was found that trucks were partially covered with green net and that too was ripped off from many sides. On enquiry, it was found that both the trucks were of M/s. Damini mine, SECL. Committee asked Sh. Krishna to ensure that none of the mine of SECL shall allow trucks without proper cover.

As informed by RO, MPPCB instruction are issued many times to mine's for covering vehicles by tarpaulin. Instruction for regular water sprinklers are also issued.

With respect to the increased production capacity, it was inferred that movement of the trucks may have also increased but on assessing the data of last 04 years since May 2018 to May 2022 it was found that number of trucks has reduced. On discussion it was found that number of large capacity of trucks (35T) has increased from earlier loading trucks of 25T capacity. The details are as tabulated below:

Month

Dispatch comparative of last 04 years

Overall Total dispatch

%Increase in tripping capacity per truck in comparison to May 2018

Trip

QTY. (MT)

Average transporting capacity per truck/trip

May 2018

2418

58432.88

24.17

-

May 2019

2369

63143.28

26.65

10.30

May 2020

1707

47710.73

27.95

15.66

May 2021

2119

59761.91

28.20

16.71

May 2022

2245

72793.74

32.42

34.18

5.2 Submission by the Municipal Council, Shahdol on water quality

Chief Municipal Officer vide its letter dated 24th June 2022 submitted that the water received from Sohagpur mines that includes Khairaha mine too, to Sarfa drain is collected in Sarfa dam and supplied to Shahdol municipal region after treatment and there is no issue reported w.r.t. water quality and the water quality is satisfactory.

The Sarfa dam water is treated through 02 water treatment plants that provide treatment of flocculation, rapid filtration followed by bleaching. The details are as tabulated below:

Old Water Treatment Plant

Date of commissioning

Year 1975

Treatment Capacity

7.25MLD

Currently operated on

6.5MLD

Alum consumption

40Kg/shift of 8hrs Total - 120Kgs/daily

Bleaching consumption

10Kg/shift of 8 hrs Total - 30Kgs/daily

New Water Treatment Plant

Date of commissioning

January 2019

Treatment Capacity

8MLD

Currently operated on

3MLD

Alum consumption

40Kgs/day

Bleaching consumption

10Kgs/day

The copy of the letter & analysis report of PHED District water testing lab is enclosed as Annexure-XIV.

The testing report reveals that the water quality is as per the permissible drinking water standards, however it is recommended that plant management shall install flow meter on the inlet of both the filtration plant and accordingly optimize the quantity of the chemicals. Further, it is recommended to ensure required residual chlorine in distribution avoid any contamination on distribution of the water.

To verify the water treatment quality of the water treatment plant, samples were drawn on 24th June 2022 by the committee. The analysis results are as tabulated below:

S. N O.

Parameter

Unit

Outlet of New filtration plant

Outlet of Old filtration plant

Permissible Standards IS 10500:2012

1.

pH

pH unit

7.68

7.57

6.5-8.5

2.

Total Dissolved Solids

Mg/l

277

288

2000

3.

Total Hardness

Mg/l

156

164

600

4.

Chloride

Mg/l

22

26

1000

5.

Alkalinity

Mg/l

68

72

600

6.

Sulphate

Mg/l

16

16

400

7.

Total coliform

MPN/10

0ml

<1.8

<1.8

Shall not be detectable in any 100 ml sample

The copy of the MPPCB analysis report is enclosed as Annexure-XV

The analysis report of the final outlet of the old & new plants are will within the drinking water standards of IS 10500:2012.

5.3 Submission by the Community Hospital Centre (CHC), Burhar on health

The committee had its discussion with Dr. Sachin Karkhur, Block Medical Officer, CHC, Burhar on any increasing trend in OPD/IPD related to Bronchitis, Asthma, hearing loss etc. since 2019 from the nearby villages of Khairaha mine. The CHC Burhar has 3 CHCs, 07 Public Health Centres (PHCs), 61 Sub health centres, 294 Arogya Kendras. During discussion, it was informed that there is no incremental trend of diseases related to lungs & ears reported.

The copy of the letter in this regard dated 24th June 2022 is enclosed as Annexure-XVI

The photographs taken during field visits are enclosed as Annexure-XVII.

6.0 Summary

The M/s. Khairaha Underground mine of South Eastern Coalfield Limited (SECL) has expanded its annual mining capacity by 40% to 0.819MMT by Environmental clearance dated 11th January 2019 that was further on compliance of the conditions the EC was extended for 30 years on 10th January 2020. The underground mining operation is done by continuous miner machine in absence of any blasting operation. The mined material is conveyed to surface and to bunkers through closed conveyor belts. The coal is transported through tarpaulin covered large loading capacity i.e. 25 to 35T trucks. The 14 fixed water sprinklers and moving sprinklers viz. tractor and truck-mounted fogger machine has resulted good quality of ambient air in the core as well as buffer area. The dedicated coal transporting road is maintained by the mine management and the recarpeting work order with 5 years comprehensive maintenance shall further improve the air quality.

The PM10 values at near lamp room was found slightly above the prescribed levels this may be due to downwind location of the station and vehicle movement. Further, on comparing the environmental pollutants level from pre-expansion period i.e. 2018-19 to till 2022, it was observed that the pollutants levels are showing lowering trends then the levels monitored in 2018-19. This may be due to adopted best practices viz. no or less honking of the vehicles, water sprinkling, settling ponds with proper settlement of the suspended p articles.

Further, the mine management is providing treated mine water to the inhabitant of nearby village. And the treated mine water also cater the need of Shahdol town. The Municipal council submitted that there is no issue reported related to the quality of Sarfa dam water that is being used for drinking by the Shahdol town after treatment at Water treatment plant. Also there is no increasing trend of lungs and ear related patients since 2018 in the CHC, Burhar that caters the nearby villages of the Khairaha mine.

Considering the above, it is inferred that there is no incremental trend in environmental pollutants concentration, health related issues and water quality in the core & buffer area of the M/s. Khairaha mine after the EC expansion.

However, following are recommended for further improvement, betterment of the core & buffer area:

7.0 Recommendations

i. Increase the plantation on the road side as per the EC condition.

ii. M/s. SECL management shall ensure that trucks of any SECL mines are not overloaded and are covered with tarpaulin to avoid fall of coal on the road that results in fugitive emission.

iii. Raise the height of railway siding wall from 12ft to 15-20ft in total by Tin sheds.

iv. Establish more number of Groundwater recharge structure, construct or reclaim Ponds in nearby villages where water is not being supplied.

5. Learned counsel for the Applicant has submitted that the recommendation of EAC for grant of EC upon relying upon the OM is illegal, untenable in law and liable to be struck down. He relied on:

(i) Sant Ram Sharma vs. State of Rajasthan and Anr., reported in AIR 1967 SC 1910 , Rajasthan State Industrial Development & Investment Corpn. Vs. Subhash Sindhi Coop. Housing Society, reported in (2013) 5 SCC 427 .

(ii) S.P. Muthuraman vs. Union of India, Original Application No. 37 of 2015 and Original Application No. 213 of 2014, and that public hearing is mandatory in nature in view of Hanuman Laxman Aroskar vs. Union of India (2019) 15 SCC 401 .

6. The above matter has already been dealt with by this Tribunal on the previous date of hearing before the larger bench and has been properly replied.

7. The matter in issue before this Tribunal is EC dated 11.01.2019. The contentions that the office memorandum issued by the MoEF & CC should be struck down is not the subject matter of this petition and not within the domain of this Tribunal.

8. He has further argued:

(i) On the Cumulative Impact Assessment issue all that the Reply filed by Respondent No. 4 to Para 29 of the Appeal states that "It is denied that, the respondent has not done cumulative impact assessment study and carrying capacity of the project". It is stated that however, no proof/document has been filed by Respondent No. 4 with it's Reply to substantiate this claim. No EIA has been filed by Respondent No. 4 alongwith it's Reply to rebut this point inspite of the Order dated 21.09.2021 showing that Cumulative Impact Assessment has been done in this case.

(ii) That in this context it is important to look at the judgment of this Hon'ble Tribunal in dated 12.09.2011 in Sarpanch, Grampanchayat Tiroda vs. The Ministry of Environment and Forests (Appeal No. 3 of 2011). This case involved the grant of an EC to the project proponent for conducting mining operations at Tiroda. Here the cumulative effect of four proposed projects was not properly considered. The Hon'ble Tribunal expressed the importance of a Cumulative Impact assessment as follows:

"Unfortunately, the cumulative effect of these four proposed projects was not considered to be of significant in causing environmental pollution in a small area. It appears an impression is sought to be created that there was only one application of Tiroda mine and at that time the Redi mine was not in operation. When number of mines are sought to be considered in a small area of Sawantwadi Taluk, the EAC was expected to examine various aspects such as the cumulative impact of Air, Water, Noise Flora, Fauna and Socio-economic aspects in view of large number of transport vehicles, plants and machinery, etc. that would be operating in the area. It would have been appropriate, if a cumulative impact study was undertaken to take care of all existing/proposed mines within 10 km of the present project site apart from Redi mine, if any. Therefore, we are of the opinion that these aspects were not properly assessed and examined scientifically and therefore, the EIA report requires to be re-examined afresh. Thus, the EIA report suffers from incorrect and insufficient data which pertains to a period much prior to grant of TOR, therefore, the EIA report cannot be said to be sufficient for the purpose of recommending grant of EC."

(iii) The importance of a cumulative impact assessment was also reiterated by the Hon'ble Supreme Court in the case of Alaknanda Hydro Power Company Ltd. v. Anuj Joshi and Ors. reported in (2014) 1 SCC 769 Para 50.

(iv) That this Hon'ble Tribunal in this Judgment further directed on the issue of Cumulative Impact Assessment as under:-

"The project proponent shall be directed to conduct cumulative impact assessment of ambient air quality modelling for a radius of 15 km from the project area by collecting primary data regarding air quality for another season other than the winter season during the relevant period and also taking more number of locations within 15 kms radius selecting the probable polluting industries situated and the impact of the present as proposed projects in those areas as such directed by the National Green Tribunal in T. Muruganandam & Ors. Vs. Union of India & Ors. Appeal No. 50 of 2012."

9. It is to be noted that people have right to live in healthy environment with minimum disturbance of ecological balance and without avoidable hazard to them and to their cattle, homes and agriculture land and undue affectation of air, water and environment. It is for the Government of the nation and not for the Court to decide whether the deposits should be exploited at the cost of ecology and environmental consideration or the industrial requirement should be otherwise satisfied. It may be perhaps possible to exercise greater control and vigil over the operation and strike a balance between preservation and utilization, that would indeed be a matter for an Expert Body to examine and on the basis of appropriate advice, Government should take a policy decision and formally implement the same and for the purpose it is for the Expert Committee to examine:

(i) Whether the operations are being carried out on scientific lines

(ii) Whether the mining is being supplied to individuals and stipulated by the various schemes and orders

(iii) The extent to which the mining operations are contributing to environmental image.

10. Learned counsel for the project proponent has submitted that the argument as advanced by the learned counsel for the Applicant is not tenable, since the proceedings of MoEF & CC was conducted after the EIA report and other relevant expert opinion.

11. The Hon'ble Apex Court in case of N.D. Jayal & Anr. Vs. Union of India & Ors. reported in (2004) 9 SCC 362 dealing with the matter of Tehri Dam observed as follows:

"22. Before adverting to other issues, certain aspects pertaining to the preservation of ecology and development have to be noticed. In Vellore Citizens Welfare Forum v. Union of India, and in M C Mehta v. Union of India, it was observed that the balance between environmental protection and developmental activities could only be maintained by strictly following the principle of' sustainable development.' This is a development strategy that caters the needs of the present 67 without negotiating the ability of upcoming generations to satisfy their needs. The strict observance of sustainable development will put us on a path that ensures development while protecting the environment, a path that works for all peoples and for all generations. It is a guarantee to the present and a bequeath to the future. All environmental related developmental activities should benefit more people while maintaining the environmental balance. This could be ensured only by the strict adherence of sustainable development without which life of coming generations will be in jeopardy.

23. In a catena of cases we have reiterated that right to clean environment is a guaranteed fundamental right. May be in different context, the right to development is also declared as a component of Article 21 in cases like Samata v. State of Andhra Pradesh and in Madhu Kishore v. State of Bihar.

24. The right to development cannot be treated as a mere right to economic betterment or cannot be limited to as a misnomer to simple construction activities. The right to development encompasses much more than economic well being, and includes within its definition the guarantee of fundamental human rights. The 'development' is not related only to the growth of GNP. In the classic work - 'Development As Freedom' the Nobel prize winner Amartya Sen pointed out that the issue of development cannot be separated from the conceptual framework of human right'. This idea is also part of the UN Declaration on the Right to Development. The right to development includes the whole spectrum of civil, cultural, economic, political and social process, for the improvement of peoples' well being and realization of their full potential. It is an integral part of human right. Of course, construction of a dam or a mega project is definitely an attempt to achieve the goal of wholesome development. Such works could very well be treated as integral component for development.

25. Therefore, the adherence of sustainable development principle is a sine qua non for the maintenance of the symbiotic balance between the rights to environment and development. Right to environment is a fundamental right. On the other hand right to development is also one. Here the right to 'sustainable development' cannot be singled out. Therefore, the concept of 'sustainable development' is to be treated an integral part of 'life' under Article 21. The weighty concepts like inter-generational equity State of Himachal Pradesh v. Ganesh Wood Products, public trust doctrine M C Mehta v. Kamal Nath, and precautionary principle (Vellore Citizens), which we declared as inseparable ingredients of our environmental 68 jurisprudence, could only be nurtured by ensuring sustainable development.

26. To ensure sustainable development is one of the goals of Environmental Protection Act, 1986 (for short ' the') and this is quiet necessary to guarantee 'right to life' under Article 21. If the is not armed with the powers to ensure sustainable development, it will become a barren shell. In other words, sustainable development is one of the means to achieve the object and purpose of the as well as the protection of 'life' under Article 21. Acknowledgment of this principle will breath new life into our environmental jurisprudence and constitutional resolve. Sustainable development could be achieved only by strict compliance of the directions under the. The object and purpose of the - "to provide for the protection and improvement of environment" could only be achieved by ensuring the strict compliance of its directions. The concerned authorities by exercising its powers under the will have to ensure the acquiescence of sustainable development. Therefore, the directions or conditions put forward by the need to be strictly complied with. Thus the power under the cannot be treated as a power simpliciter, but it is a power coupled with duty. It is the duty of the State to make sure the fulfillment of conditions or direction under the. Without strict compliance, right to environment under Article 21 could not be guaranteed and the purpose of the will also be defeated. The commitment to the conditions thereof is an obligation both under Article 21 and under the. The conditions glued to the environmental clearance for the Tehri Dam Project given by the Ministry of Environment vide its Order dated July 19, 1990 has to be viewed from this perspective."

12. It is held in N.D. Jayal Vs. Union of India, Tehri Dam case reported in (2004) 9 SCC 418:

"137. When natural resources are exploited in a big way for big projects by State with all sincerity and good intentions for general common benefit, social conflicts arise as a natural adverse consequence. Generally the conflicts arise between marginal farmers, peasants and other landless persons who survive on natural resources and those who are better off, rich or affluent and who desire to undertake agriculture and industry. When river projects for dams are undertaken to generate electricity and improve irrigation facilities, conflicts arise between people living up-stream who have to necessarily lose their source of living and habitat and those living downstream who need water and electricity for their homes, industries and agricultural fields. When such social conflicts between different social groups i.e. up-stream population and down-stream population, between rural population and urban population, between poor surviving on natural resources and others needing natural resources for further development arise what should be the duty and priorities of the State and its authorities who have undertaken the projects When such social conflicts arise between poor and more needy on one side and rich or affluent or less needy on the other, prior attention has to be paid to the former group which is both financially and politically weak. Such less advantaged group is expected to be given prior attention by Welfare State like ours which is committed and obliged by the Constitution, particularly by its provisions contained in the Preamble, Fundamental rights, Fundamental duties and Directive Principles, to take care of such deprived sections of people who are likely to lose their home and source of livelihood."

13. In the case of M.C. Mehta Vs. Union of India reported in (2004) 12 SCC 166, the Hon'ble Apex Court has held as follows:

"45. The natural sources of air, water and soil cannot be utilized if the utilization results in irreversible damage to environments. There has been accelerated degradation of environment primarily on account of lack of effective enforcement of environmental laws and non-compliance of the statutory norms. This Court has repeatedly said that the right to live is a fundamental right under Article 21 of the Constitution and it includes the right to enjoyment of pollution free water and air for full enjoyment of life. (See Subhash Kumar v. State of Bihar)

46. Further, by 42nd Constitutional Amendment, Article 48-A was inserted in the Constitution in Part IV stipulating that the State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Article 51A, inter alia, provides that it shall be the duty of every citizen of India to protect and improve the natural environment including forest, lakes, rivers and wildlife and to have compassion for living creatures. Article 47 which provides that it shall be the duty of the State to raise the level of nutrition and the standard of living and to improve public health is also relevant in this connection. The most vital necessities, namely, air, water and soil, having regard to right of life under Article 21 cannot be permitted to be misused and polluted so as to reduce the quality of life of others. Having regard to the right of the community at large it is permissible to encourage the participation of Amicus Curiae, the appointment of experts and the appointments of monitory committees. The approach of the Court has to be liberal towards ensuring social justice and protection of human rights. In M.C. Mehta v. Union of India, this Court held that life, public health and ecology has priority over unemployment and loss of revenue. The definition of 'sustainable development' which Brundtland gave more than 3 decades back still holds good. The phrase covers the development that meets the needs of the present without compromising the ability of the future generation to meet their own needs. In Narmada Bachao Andolan v. Union of India & Ors., this Court observed that sustainable development means the type or extent of development that can take place and which can be sustained by nature/ecology with or without mitigation. In these matters, the required standard now is that the risk of harm to the environment or to human health is to be decided in public interest, according to a "reasonable person's" test. [See Chairman Barton : The Status of the Precautionary Principle in Australia : (Vol. 22) (1998) (Harv. Envtt. Law Review, p. 509 at p. 549-A) as referred to in para 28 in AP Pollution Control Board vs. Prof. M.V. Nayuder.

47. The mining operation is hazardous in nature. It impairs ecology and people's right of natural resources. The entire process of setting up and functioning of mining operation require utmost good faith and honesty on the part of the intending entrepreneur. For carrying on any mining activity close to township which has tendency to degrade environment and are likely to effect air, water and soil and impair the quality of life of inhabitants of the area, there would be greater responsibility on the part of the entrepreneur. The fullest disclosures including the potential for increased burdens on the environment consequent upon possible increase in the quantum and degree of pollution, has to be made at the outset so that public and all those concerned including authorities may decide whether the permission can at all be granted for carrying on mining activity. The regulatory authorities have to act with utmost care in ensuring compliance of safeguards, norms and standards to be observed by such entrepreneurs. When questioned, the regulatory authorities have to show that the said authorities acted in the manner enjoined upon them. Where the regulatory authorities, either connive or act negligently by not taking prompt action to prevent, avoid or control the damage to environment, natural resources and peoples' life, health and property, the principles of accountability for restoration and compensation have to be applied.

48. Development and the protection of environments are not enemies. If without degrading the environment or minimizing adverse effects thereupon by applying stringent safeguards, it is possible to carry on development activity applying the principles of sustainable development, in that eventuality, the development has to go on because one cannot lose sight of the need for development of industries, irrigation resources and power projects etc. including the need to improve employment opportunities and the generation of revenue. A balance has to be struck. We may note that to stall fast the depletion of forest, series of orders have been passed by this Court in T.N. Godavarman's case regulating the felling of trees in all the forests in the country. Principle 15 of Rio Conference of 1992 relating to the applicability of precautionary principle which stipulates that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for proposing effective measures to prevent environmental degradation is also required to be kept in view. In such matters, many a times, the option to be adopted is not very easy or in a straight jacket. If an activity is allowed to go ahead, there may be irreparable damage to the environment and if it is stopped, there may be irreparable damage to economic interest. In case of doubt, however, protection of environment would have precedence over the economic interest. Precautionary principle requires anticipatory action to be taken to prevent harm. The harm can be prevented even on a reasonable suspicion. It is not always necessary that there should be direct evidence of harm to the environment.

14. Learned counsel for the state has submitted that similar issue was in Appeal No. 7/2016(CZ) which was heard and decided vide order dated 31.07.2020 and the direction issued in the order should be complied by the respondents in letter and spirit.

15. In response to the Joint Committee report the project proponent has submitted the compliance with the fact for opening of mine, and different mine development activities. At present only 11.432 Ha out 472.065 Ha is acquired, and sufficient numbers of plants are planted in 2 Ha, out of 11.432 Ha-acquired area. To fulfill the countries need of power generation, CIL planned to procedure coal of 1 BT in 2019-20 in which the contribution of SECL has been planned as 239 Mte. Based on "Road map for Enhancement Coal Production of CIL" the target of SECL for the year 2018-2019 is 167.00 Mt. To meet this growth in production of SECL in the year 2018-19, Khairaha underground mine has been identified for enhancement of production from 0.585 MTPA to -0.819 MTPA. Moreover, Coal of SECL mines is not only supplied to Thermal Power Plant. In 2018-19 -64% of total coal and 2019-20 (upto Dec)- 58% of total coal from Khairaha UG mine is dispatched to power sector, and remaining coal supplied to other then power sector (like Cement etc.)

16. The answering respondent applied for expansion of EC for Khairaha UG, mines. After detailed scrutiny of Environment Clearance (in short "EC") the expansion proposal was duly considered by EAC (Environmental Appraisal Committee) in its 36th EAC and in 41st EAC meeting and the EC was granted for one year, subjected to compliance of certain condition, which is duly fulfilled by the answering respondent.

17. The respondent prepared comprehensive EIA - EMP report considering the impact of already existing project (Rajendra UG and Damni UG mine) as per prescribed ToR. The increase in PM10 values due to incremental capacity enhancement of 0.234 MTPA have been predicted with pollution control measures provisioned as per mine plan. When the coal production from Khairaha UG will be enhanced from 0.585 to 0.819 MTPA, considering the existing concentration as 98 percentile and the average value, the predicted concentration of PM10 at all receptor locations were found well within the prescribed norms of coal mining standards/National Ambient Air Quality Standards. During submission of EC expansion application, the EIA-EMP report along with the inspection report of RO, MoEF & CC, Bhopal and Public Hearing compliance was submitted for consideration of the project before EAC.

18. As the mines progress and land will be acquired for depillaring operation, plantation will be carried out in remaining depillared area. Further, digital monitoring of land is being carried out once in a three year, and also periodical health surveillance program of the workers are being carried out, Once in five year - up to 45-year age, once in three year-after 45 years age of employees.

19. It is further submitted that the ambient air quality data for relevant period, inspection report of Regional Office, MoEF & CC, compliance of the public hearing, subsidence map of Khairaha underground mine was submitted to the Competent authority during considering EIA-EMP.

20. During the course of hearing this Tribunal vide its order dated 28.03.2022 has directed to constitute a Joint Committee for submission of current status and after inspection the Committee submitted a detailed report on compliance status and impact of expansion along with the recommendation. The action taken report/compliance report have been submitted as follows:

Point wise Reply/compliance and Action taken report are as follows for kind consideration of this Hon'ble Tribunal

S

N.

Observation

Compliance Status/Action Taken Report

1.

Establish more number of Groundwater recharge structure, construct or reclaim ponds in nearby villages where water is not being supplied.

Presently, one rainwater harvesting structure is installed near the mine Manager’s office for groundwater recharge. (photo enclosed) More recharge structure, deepening/ desilting of a nearby pond, and construction of a check dam

will be carried out under the CSR head.

2.

Increase the plantation on the road side as per the EC Condition.

The SECL management constructed a 14 Km exclusive by-pass road for coal transportation. Along this road, a target of 28,000 plant saplings was planned in the years 2021-22, but we were able to plant only 12,000 nos of plants, due to the resistance of farmers. More plantations will be carried out in the coming year. (Target, work order, and Joint

inspection report copy enclosed)

3.

Further raise the height of railway siding wall from 12ft to 15-20ft in total by tin sheds.

Presently, a concrete wind-breaking wall of 12 feet is in place and 8 feet green net was installed thrice, which weathered off as time passes. On trial basis at 200 m length, 08 ft GI sheet has installed (Copy enclosed) and proposal for remaining potation is in the final

stage of tendering, the work will be completed soon. (Tender document is enclosed)

4.

Increase the water sprinkling frequency on the haul road to further minimise the fugitive emission.

For increasing the frequency of water sprinkling and effective control of fugitive dust, the SECL management has procured a truck- mounted mist fog-forming machine, which is under testing and trial stage and will be deployed soon (Supply order and Photo

enclosed). A contractual mobile water tanker is also deployed for dust suppression.

5.

Ensure the trucks are not overloaded and covered with tarpaulin to avoid fall of coal on the road that results in fugitive emission.

100% of coal is being transported in optimally loaded tarpaulin-covered trucks to avoid fugitive dust emissions.

The repairing of the road is also under process (30% length is completed) (work order copy and photograph enclosed).

6.

Place speed limit boards on suitable sites of the road

network for the truck movement.

Speed Limit Board has been installed on strategic locations like turning, intersections, etc. (Photographs enclosed).

7.

Periodically update the display board showing the details of CTO, HW authorization etc, Also translate in Hindi

language for understanding of the public.

Complied. The Hindi-translated display board has been erected for the display of CTO, and HW Authorization details to the local people.

The board is also being updated on regular basis.

Photo Enclosed.

8.

Monitoring the drinking water quality of the water supplied to Khannath village.

Complied.

Water Quality monitoring of the Khannath village drinking water is being done.

Report Enclosed

9.

Monitor the heavy metals in ambient & water biannually.

Agreed to comply:

The monitoring of heavy metals in the Air will commence soon, the same has been

communicated to CMPDIL.

21. Learned counsel for the Appellant has further based his arguments on the written statement filed on 26.03.2022 which was duly considered by the larger bench and the order has been passed in accordance with the law.

22. Learned counsel for the Project Proponent/respondent has submitted that the only question which is to be considered as of now is the compliance of the report of the Joint Committee constituted vide order dated 28.03.2022.

23. In view of the above, on the basis of the Joint Committee report we are of the view that there is no incremental trend in environmental pollutants concentration, health related issues and water quality in the core & buffer area of the M/s. Khairaha mine after the EC expansion. Accordingly we direct the PP to increase the plantation on the road side as per the EC condition, M/s. SECL management shall ensure that trucks of any SECL mines are not overloaded and precautions should be taken to avoid fall of coal on the road that results on fugitive emission, to raise the height of railway siding wall from 12 ft. to 15-20 ft. in total by Tin sheds, establish more number of Ground water recharge structure, construct or reclaim Ponds in nearby villages where water is not being supplied.

24. We further direct the Central Pollution Control Board to periodically monitor the compliance of the environmental conditions and in case of non-compliance, necessary steps with remedial measures be taken immediately in accordance with law.

25. Appeal with all other pending applications are disposed off accordingly.

Advocate List
  • Mr. Kaustav Dhar

  • Mr. Om Shankar Shrivastava Ms. Parul Bhadoria

Bench
  • SHEO KUMAR SINGH, JUDICIAL MEMBER
  • ARUN KUMAR VERMA, EXPERT MEMBER
Eq Citations
  • LQ
  • LQ/NGT/2022/294
Head Note

Environment — Coal mining — Expansion of mining capacity — Environmental clearance granted by EAC on compliance of certain conditions and the same was duly fulfilled by the Project Proponent — EAC considered the Environmental Impact Assessment report and expert opinions before recommending grant of EC and the same was approved by MoEF & CC — Held, EAC's recommendations for grant of EC was neither illegal nor liable to be struck down — However, certain issues needed improvement, such as raising the height of the railway siding wall, increasing roadside plantation, and installing more groundwater recharge structures — Directions issued by NGT — Appeal disposed of.\n.