Partly allowed

Banothu Nandu Nayak v. Singareni Collieries Company Ltd.

NGT6 May 2022Original Application No. 174/2020

Case brief

AI extract

What is this about?

The tribunal addressed violations by Singareni Collieries involving excess coal extraction and alleged pollution. It ordered a specific compensation payment for excess mining and directed relief for house repairs while dismissing pollution claims based on monitoring data.

What did the court decide?

Directed SCCL to pay Rs. 41.21 Crores as compensation for excess mining and to repair damaged houses from compensation funds.

Banothu Nandu Nayak vs Singareni Collieries Company Ltd. — Mining and Natural Resources | NGT (2022)

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Item No.1 & 2:

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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(Through Video Conference)

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Original Application No. 174 of 2020 (SZ) With Original Application No. 20 of 2021 (SZ)

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IN THE MATTER OF

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Banothu Nandu Nayak
R/o. H.No.13-181, NTR Nagar
Sattupalli Village and Mandal
Khamman District, Telangana – 507 303.
...Applicant(s)
Versus
The Singareni Collieries Company Limited
Rep. by its Chief Executive Officer
Kothagude
Bhadradri Kothagudem District,
Telangana – 507 101 and Ors.
…Respondent(s)
WITH
Oggu Srinivasa Reddy
S/o. Kesava Reddy, aged 46 years,
Occ. Agriculture, R/o. Narayanpuram & Rejerla Village,
Sathupally Mandal, Khammam District,
Telangana and Anr.

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…Applicant(s) Versus Union of India Through the Secretary, Ministry of Environment, Forests & Climate Change, Indira Paryavaran Bhawan, Jor Bag Road, New Delhi – 110 003 and Ors. ....Respondent(s)

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Page 1 of 136

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O.A. No.174/2020 (SZ):

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For Applicant(s): Mr. Sravan Kumar.

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For Respondent(s): Mr. A. Sanjeev Kumar, Spl. Govt. Pleader for R1. Mrs. Me. Saraswathy for R2. Mr. T. Sai Krishnan for R3. Mrs. H. Yasmeen Ali for R4 & R5.

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O.A. No.20/2021 (SZ):

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For Applicant(s): Mr. Sravan Kumar.

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For Respondent(s): Mrs. Me. Saraswathy for R1. Mr. T. Sai Krishnan for R2. Mr. A. Sanjeev Kumar, Spl. Govt. Pleader for R3.

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Date of Judgment: 06^th May 2022.

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CORAM :

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HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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O R D E R

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Judgment pronounced through Video Conference. Both the original

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applications are disposed of with directions vide separate Judgment.

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Pending interlocutory application, if any, shall stand disposed of.

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Sd/Justice K. Ramakrishnan, JM Sd/Dr. Satyagopal Korlapati, EM

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O.A. No.174/2020 (SZ) O.A. No.20/2021 (SZ) 06^th May 2022. Mn.

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Page 2 of 136

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Item No.1 & 2:

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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(Through Video Conference)

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Original Application No. 174 of 2020 (SZ) With

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Original Application No. 20 of 2021 (SZ)

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IN THE MATTER OF

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Banothu Nandu Nayak R/o. H.No.13-181, NTR Nagar Sattupalli Village and Mandal Khamman District, Telangana – 507 303.

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...Applicant(s)
Versus
1) The Singareni Collieries Company Limited
Rep. by its Chief Executive Officer
Kothagude
Bhadradri Kothagudem District,
Telangana – 507 101.
2) Union of India
Through the Secretary,
Ministry of Environment, Forests & Climate Change,
Indira Paryavaran Bhawan,
Jor Bag Road, New Delhi – 110 003.
3) Telangana State Pollution Control Board
Rep. by its Member Secretary,
A-3, Paryavaran Bhavan, Industrial Estate,
Sanath Nagar, Hyderabad, Telangana – 500 018.
4) District Collector and Magistrate
Khammam
Telangana – 507 101.
5) Principal Secretary, Environment and Forest
Secretariat, Hyderabad.
6) General Manager
District Industrial Centre
Khammam, Telangana – 507 101.

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Page 3 of 136

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7) Directorate General of Mine Safety Rep. by its CIM & Director General Dhanbad, Jharkhan – 826 016. (R7 – Deleted as per of the Tribunal dated 08.09.2020)

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…Respondent(s)

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WITH

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1) Oggu Srinivasa Reddy S/o. Kesava Reddy, aged 46 years, Occ. Agriculture, R/o. Narayanpuram & Rejerla Village, Sathupally Mandal, Khammam District, Telangana.

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2) Chintala Bharat Kumar Reddy S/o. Surendar Reddy Aged 24 years Occ. Software Engineer, R/o. Rejerla Village Sathupally Mandal, Khamman District, Telangana. …Applicant(s)

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Versus

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1) Union of India Through the Secretary, Ministry of Environment, Forests & Climate Change, Indira Paryavaran Bhawan, Jor Bag Road, New Delhi – 110 003.

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2) The Telangana State Pollution Control Board Rep. by its Chairman A-3, Paryavaran Bhavan, Industrial Estate, Sanath Nagar, Hyderabad, Telangana – 500 018.

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3) The Singareni Collieries Company Limited Rep. by its Chairman and Managing Director Singareni Bhawan, Redhills, Hyderabad, Telangana. ....Respondent(s) O.A. No.174/2020 (SZ): For Applicant(s): Mr. Sravan Kumar. For Respondent(s): Mr. A. Sanjeev Kumar, Spl. Govt. Pleader for R1. Mrs. Me. Saraswathy for R2. Mr. T. Sai Krishnan for R3. Mrs. H. Yasmeen Ali for R4 & R5.

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Page 4 of 136

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O.A. No.20/2021 (SZ):

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For Applicant(s): Mr. Sravan Kumar.

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For Respondent(s): Mrs. Me. Saraswathy for R1. Mr. T. Sai Krishnan for R2. Mr. A. Sanjeev Kumar, Spl. Govt. Pleader for R3.

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Judgment Reserved on: 08^th February 2022.

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Judgment Pronounced on: 06^th May 2022.

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CORAM :

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HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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Whether the Judgment is allowed to be published on the Internet – Yes/No

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Whether the Judgment is to be published in the All India NGT Reporter – Yes/No

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J U D G M E N T

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Delivered by Justice K. Ramakrishnan, Judicial Member

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O.A. No.174 of 2020 (SZ):

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1. This application was filed by a Banothu Nandu Nayak, a resident of Sattupalli Village and Mandal, Khammam District, Telangana regarding the violation committed by the 1^st Respondent unit viz., Singareni Collieries Company Limited (hereinafter referred to as “SCCL” ) in respect of violation of conditions in the Environmental Clearance (EC) and Consent granted and also pollution caused on account of operation of the unit.

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2. It is alleged in the application that the applicant along with 700 families are living adjacent to the Opencast Coal Mine operated by the 1^st Respondent facing severe air, noise and water pollution besides severe heat due to massive blasting, drilling, extraction of coal in the Opencast Mine. He belongs to a Schedule Tribe and an Auto rickshaw driver by profession and a resident of the NTR Nagar situated adjacent to the Jalagam Vengal Rao Opencast Mines executed in about 2000 Ha. of land by the 1^st Respondent. It is seen from the website of the 1^st Respondent that the 1^st Respondent is operating Jalagam Vengal Rao Opencast Project - II (hereinafter referred to as “JVR OCP – II” ) , Coal Mining project located in Kommepalli Village near Sathupalli Town and Mandal in Khammam District of Telangana State, for which, the MoEF&CC had granted Environmental Clearance (EC) vide their proceedings Lr. No.J11015/268/2007-IA.II(M) dated 28.03.2010 for production capacity of 4.00 MTPA Normative (Peak 5.00 MTPA) in ML area of 1409.81 Ha over a period of 54 years. The Jalagam Vengal Rao Opencast Project – II (JVR OCP – II) and Jalagam Vengal Rao Opencast Project – I Expansion (hereinafter referred to as “JVR OCP – I Expansion” ) are existing opencast coal mine projects located adjacent to each other at Ayyagaripeta and Kommepalli Village near Sathupalli Town and Mandal of Khammam District of Telangana State.

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3. The present proposal is for expansion of JVR OCP – II for enhancing coal production from normative capacity of 4.00 MTPA (Peak 5.00 MTPA) in a project area of 1409.81 Ha to a capacity of 10.00 MTPA in the project area of 1910.09 Ha. (Total land requirement is 1953.46 Ha which includes 43.37 Ha. of Colony Area) by annexing the adjacent JVR OCP – I Expansion

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project under the name Jalagam Vengal Rao Opencast Mine – II Expansion (hereinafter referred to as “JVR OCM – II Expansion” ).

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4. Further, it was also proposed to construct a Coal Washery within the project area with 4.00 MTPA capacity to wash the average G-12 Grade Coal to attain G-9 Grade Coal with 65.89% yield. This project is planned to extract 245.51 MTPA Coal by removing total overburden of 1046.89 M. Cum (1032.70 M. Cum. is hard OB and 14.19 M.Cum is topsoil) with a stripping ratio of 4.26 Cum OB/Tonne of coal by using shovel dumper combination with an estimated life of 28 years. Out of 1910.09 Ha of project area, 1156.72 Ha of forest land was already diverted for mining purpose. On account of the operation of the unit, there has been massive air, noise and soil pollution besides heavy heat due to high density blasting, drilling, transportation of coal, exposing the black surface to the sun. The pictures produced along with the application will go to show the present status of the Opencast Mine of the 1^st Respondent. On account of the pollution caused due the operation of the unit, several complaints were made to the authorities of Telangana Government and Management of the 1^st Respondent. The District Revenue machinery has responded after continuous representation to them. The Joint Collector of Khammam District has constituted a Committee from various departments and directed to conduct fact finding study on the complaints raised by the applicant.

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5. The Committee comprising of Mandal Revenue Officer, General Manager of District Industrial Centre, Deputy Inspector of Kallur Office of ADSLR, Royalty Inspector Office of ADMG have visited the NTR Nagar of

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Sattupally town in Khammam District and observed the following

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aspects:-

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“The team visited the project office SCCL in Sattupalli and enquired with Sri. B. Srinivasa Chary, Supdt. Of Mines and also the team of officers (Safety Officer, Blasting Officer and Civil Engineer).

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The SCCL officials have informed that, they are conducting blasting operations, within the permissible limits only. As per the Directorate General of Mines Safety, Dhanbad Norms. The SCCL also conducting Seismograpic tests everyday and they are finding the values within the limits. Further, informed that they established dust suppression system and online system air quality monitoring as per the Telangana State Pollution Control Board Norms. Finally, the Superintendent of Mines has informed that the houses are not being damaged due to blasting operations, as they are following the safety Norms. Further M/s. SCCL has submitted the following documents.

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1. Report with all annexures submitted to Hon'ble District Collector, Khammam, T.S. State on 16.2.2018

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2. Supplementary data on LCQNO: 2812 given by Sri Ponguleti Sudhakar Reddy, MLC regarding opencast mine in Khammam dist.

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3. Report of recent study on Blast ground vibrations, JVR OCM M / S SCCL by University college of Engineering, Kakatiya University, Kothagudem

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4. DGMS Permissions, SCCL Research & development wing study

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5. Analysis report of Online monitoring for Environment at mine area

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6. Latest 3 months (March 2019 to June 2019) ground vibration monitoring data etc.

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Further, Deputy Inspector of Survey land records, Kalluru as informed that M / S SCCL are conducting quarry operations within the leased area.

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In view of the above, the joint inspection team has concluded that a team consisting of concerned departments of R & B, Director General of Mines Safety and Tahasildar / Sattupalli may be appointed to identify the damaged houses due to blasting of SCCL operations and also assess the cost of the repairs of the houses at NTR Colony, Sattupalli.

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As the subject matter pertains to the Department of mines Safety, Govt of India and the competent authority is the Dy. Director of Mines Safety, Hyderabad and the issue involves the damages of houses, hence the competent authority is R & B for assessing the cost of damages and the concerned Tahasildar is also competent authority, as the area falls in his jurisdiction."

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6. Though certain recommendations were made by the Joint Committee appointed by the Joint Collector of Khammam District and submitted the report to the District Collector on 19.06.2019, the recommendations of the Committee were not implemented by the 1^st Respondent till the filing of the application. The ceiling of walls of the houses have been damaged due to the operation of the unit besides the same, air and noise pollution caused on account of operation of the unit, has resulted in serious health hazards to the people in that locality. Apart from the NTR Nagar Colony, other colonies and villages which are adjacent to the units are also suffering severe pollution. The 1^st Respondent had recently stopped the first phase mining activity in Jalagam Vengalorao Opencast Mine. But they have not implemented the Mine Closer Plan as per the Environment Management Plan and Environmental Clearance (EC). The entire area has been kept open with deep pits and black surface. This has been causing threat to the animals near the forest and domestic animals also. The black surface is resulting in increased temperature in the area as it is open to sun. There was a newspaper report published in The New Indian Express dated 19.12.2019 where it was titled as “MoEF asks SCCL to apply mind before seeking project clearance” with regard to environmental violations by the 1^st Respondent more particularly the activities referred in the present application which reads as follows:-

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“HYDERABAD: Two proposals seeking environmental clearance for expansion of coal mines in Khammam and Peddapalli districts by the Singareni Collieries Company Limited (SCCL) were recently shot down by the Union Ministry of Environment and Forests' Expert Appraisal Committee (EAC) for environmental appraisal of coal mining projects, due to violation of environmental laws.

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In an embarrassment to the SCCL, the EAC in its meeting held this month denied proposal by SCCL for expansion of a cluster of coal mines in Godavarikhani of Peddapalli district. The EAC asked the SCCL to apply mind

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and read the provisions of the Environment Impact Assessment notification, 2006 before applying for clearances.

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Minutes of the EAC meeting say, The Committee noted that the Project Proponent / Consultant shall apply his mind before submission of such premature proposal. The EAC pointed out that the proposal involves violation of excess production of coal than the allowed limit, on which action taken by the state government is also required to be submitted by the SCCL, which it did not.

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Another proposal for environmental clearance by the SCCL that was declined by the EAC, was for expansion of the Jalagam Vengalrao Opencast - li mine in Kommepalli village of Sathupalli mandal in Khammam district. According to the minutes of meeting, the EAC communicated that the SCCL shall not apply such proposal again and returned the proposal as it is.

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Such a sharp reaction was communicated by the EAC because as per the minutes of meeting, the SCCL had applied for environmental clearance for expansion of the mine, despite violation of environmental laws in the mine being brought to the fore that are presently being processed by the Ministry.

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The minutes of meeting says that since September 1, 2017 coal is being transported by road from the said mine, even though one of the clauses of the environmental clearance granted to the mine clearly prohibits it. Moreover, the file regarding this environmental violation is being processed at the MoEF‟s Monitoring Cell and that there is no point until it is processed.”

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7. The Expert Appraisal Committee of the MoEF&CC in their 48^th Meeting held on 13^th & 14^th June, 2018 also found that there were violations committed by the 1^st Respondent of environmental laws in carrying out their mining operation in the disputed area and the relevant extract of the minutes were reproduced as follows:-

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“The proposal is for environmental clearance to the project for expansion of JalagamVengal Rao Opencast Expansion Project from the present capacity 2.50 MTPA to 5.00 MTPA by The Singareni Collieries Company Limited in an area of 544.81 ha, at Village Ayyagaripeta, Mandal Sathupalli, District Khammam (Telangana).

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The said mine is an operating Opencast coal mine opened in the year 2007 under JVR OCP - 1 and JVR OCP - 1 Expansion Mining Leases. Original JVR OCP - I Mining Lease was obtained vide Go MS No.51 dated 23rd March, 2005 for 20 years from 23rd March. 2005 to 22nd March, 2025. Original JVR OCP - 1 Expansion Mining Lease was obtained vide GO MS No 115 dated 10th November, 2008 for 20 years from 10th November, 2008 to 9th November, 2028.

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Mining Plan and the Mine Closure Plan was approved by the Ministry of Coal vide letter dated 17th November, 2014 for the capacity of 5.00 MTPA. This project involves 380.52 ha. Forest land. The project area of 544.81 ha includes 380.52 ha of Forest land and 164.29 ha non - forest land. Out of 380.52 ha forest land, 244.02 Ha was diverted vide letter dated 02.02.2005 and 138.50 ha was diverted vide letter dated 03.07.2012. Non - forest land of 164.29 ha is under possession of The Singareni Collieries Company Limited.

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The said project activity is covered under Category A of item 1 (a) of the Schedule to the EIA Notification, 2006, and requires approval by the regulatory authority in the Ministry, based on appraisal and recommendations of the sectoral Expert Appraisal Committee.

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The chronology of events for seeking EC to the expansion of the project, deliberations by the respective authorities and the actions taken are reported to be as under.

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EC granted by the Ministry for 0.7 _MTPA capacity: _	27^thJuly, 2007
Proposal for ToR submitted to the Ministry for expansionproject	07^thSeptember 2013
Action taken by MoEF	On 16^thDecember, 2013, the State Government was requested to initiate credible action for the violation under the EP Act, 1986, and to submit the action taken report. On 17^thDecember, 2013, the proposal was delisted.
Proposal for ToR submitted to the Ministry for the expansionproject	11^thJuly 2017
Appraisal by EAC/ToR issued	22^ndMarch 2018
Public hearing conducted	--
Proposalfor EC submitted	--

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The project was earlier accorded EC by the Ministry vide letter dated 27^th July 2007 for a capacity of 2.50 MTPA in an area of 547.08 Ha. Annual coal production is reported to be as under:-

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Year	Actual Coal (MTPA)	Coal excess 2.50 M
2005-06	0.520
2006-07	1.280
2007-08	1.917
2008-09	2.679	0.179
2009-10	3.573	1.073
2010-11	3.529	1.029
2011-12	4.135	1.635
2012-13	3.963	1.463
2013-14	4.898	2.398
2014-15	4.500	2.000
2015-16	4.545	2.045
2016-17	5.219	2.719

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As per the provisions of the EIA Notification, 1994/2006, read with subsequent OMs / guidelines / circulars, EC for the project was to be obtained before starting the production. Since the needful has not been done, the proposal involves violation of the EIA Notification, 2006. Hon'ble Supreme Court vide order dated 2nd August, 2017 in WP (Civil) No.114 / 2014 in the matter of 'Common Cause Vs Union of India & others' has also observed such cases of illegal mining in terms of the provisions of the MMDR Act, 1957. While taking cognizance of the same, Hon'ble Court has directed for payment of 100% penalty for compensation against the illegal mining. That needs to be settled by the project proponent through the State Government.

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The proposal has been submitted for consideration in pursuance of the Ministry's Notification dated 14th March, 2017 due to violation of the EIA Notification, 2006.

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Observations and recommendations of committee during 8th EAC meeting held on 13.06.2018: The EAC, after detailed deliberations on the proposal in terms of the provisions of the MoEF & CC Notification dated 14th March, 2017, confirmed the case to be of violation of the EIA Notification, 2006 and recommended for issuing Standard Term of Reference along with the following specific Term of Reference for undertaking EIA and preparation of Environmental Management Plan (EMP):

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(i) The State Government / SPCB to take action against the project proponent under the provisions of section 19 of the Environment (Protection) Act, 1986, and further no consent to operate for expansion project to be issued till the project is granted EC for the expansion.

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(ii) The project proponent shall be required to submit a bank guarantee equivalent to the amount of remediation plan and natural and community resource augmentation plan with the SPCB prior to the grant of EC. The quantum shall be recommended by the EAC and finalized by the regulatory authority. The bank guarantee shall be released after successful implementation of the EMP, followed by recommendations of the EAC and approval of the regulatory authority.

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(iii) Assessment of ecological damage with respect to air, water, land and other environmental attributes. The collection and analysis of data shall be done by an environmental laboratory duly notified under the Environment (Protection) Act, 1986, or an environmental laboratory accredited by NABL, or a laboratory of a Council of Scientific and Industrial Research (CSIR) institution working in the field of environment.

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(iv) Preparation of EMP comprising remediation plan and natural and community resource augmentation plan corresponding to the ecological damage assessed and economic benefits derived due to violation.

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(v) The remediation plan and the natural and community resource augmentation plan to be prepared as an independent chapter in the EIA report by the accredited consultants.

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(vi) The PP is required to conduct public hearing as per EIA notification, 2005.

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(vii) Certified compliance report of earlier EC conditions from concerned regional office, MoEF & CC

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(viii) Fund allocation for Corporate Environment Responsibility (CER) shall be made as per Ministry's O.M. No. 22-65 / 2017 - IA. III dated 1st May, 2018 for various activities therein. The details of fund allocation and activities for CER shall be incorporated in EI / EMP report.

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(ix) The Project Proponent shall give an undertaking by way of affidavit to comply with all the statutory requirements and judgment of Hon'ble Supreme Court dated the 2nd August 2017 in Writ Petition (Civil) No. 114 of 2014 in the matter of Common Cause Vs. Union of India & Ors. before grant of ToR/EC. The undertaking inter alia include commitment of the PP not to repeat any such violation in future.

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(x) In case of violation of above undertaking, the ToR/ Environmental Clearance shall be liable to be terminated forthwith.”

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8. The minutes of the EAC referred to above was produced as Annexure –

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A1. Since the 1^st Respondent is committing serious violation of environmental laws resulting pollution in that area and since no effective actions were taken by the authorities to redress the grievance of the people in that locality, the applicant filed this application seeking the following reliefs:-

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“1) Appoint an Independent experts committee to verify the allegations raised by the Applicant in regard to environmental violations, damage caused by Respondent No.1 in the execution of Jalagam Vengal Rao Opencast Coal Mine at Sattupalli of Khammam District in Telangana State.

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2) Direct the MoEF, TSPCB to take appropriate action according to Environment Protection Act, 1986 for violations committed and loss caused by Respondent No.1.

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3) Direct the District Collector to enumerate and assess the loss caused by Respondent No.1 for restoring it to normalcy or providing housing scheme to the damaged houses as per the State Government Policy.

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4) Direct the Respondent No.1, State of Telangana and District Collector to setup health centre under Corporate Social Responsibility at NTR Nagar Colony of Sattupalli of Khammam District to provide free health facilities as per Office Memorandum No.J-11013/25/2014-I.A.I, dated 11.08.2014 of MoEF&CC.

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5) Direct the MoEF to file an action taken report on the violations recorded in the Minutes of 48th meeting of EAC dated 13th & 14th June, 2018 for passing appropriate orders.”

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9. The 1^st Respondent/SCCL filed counter affidavit contending that the 1^st Respondent is a Government Company within the meaning of Section 2 of Companies Act, 2013 jointly owned by the Government of Telangana and Government of India on 51: 49 equity basis, exclusively engaged in the work of exploration, excavation, extraction and winning of coal. The SCCL is currently operating 18 opencast and 29 underground mines in six (6) Districts of Telangana Sate with manpower around 56,282. The Jalagam Vengal Rao Opencast Mine-I (JVR OC-I) and Jalagam Vengal Rao Opencast Mine-II (JVR OC-II) of Singareni Collieries Company Limited (SCCL) are located in Sathupalli area, Khammam District of Telangana State. The existing JVROC I Expansion was operating at a rated capacity of 2.50 MTPA in an area of 547.08 ha. from the year 2005 and coal reserves in the mine will be exhausted in 2020-21. Coal production in JVR OC II Project started in 2017-18 and is operating at a rated capacity of 5.00 MTPA. The Applicant is a resident of NTR Colony which is situated at the minimum distance of 617 m from the crest of the Jalagam Vengala Rao Opencast-I Mine of SCCL towards North East direction and about 700 houses are likely to be present in NTR Nagar of Sathupalli. They denied the allegation that on account of the operation of the unit, residents of NTR Nagar are severely suffering due to the blasting and other mining related activities of the 1^st Respondent. The project authorities are implementing

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various conditions stipulated in the Environment Clearance, Consent for Operation and other statutory DGMS permissions obtained from time to time in both JVR OC-I and JVR OC-II mines for ensuring safe and environment friendly mining practices. The project authorities are also submitting compliance report of Environment Clearance conditions to the Regional Office of MoEF&CC on six monthly basis. Further, Environmental Monitoring of air, water and noise levels are being periodically monitored in these mines through an external agency viz., Environment Protection, Training and Research Institute (EPTRI), Hyderabad, a MoEF&CC/CPCB recognized and NABL accredited state laboratory. The said environmental monitoring datas are being submitted to State Pollution Control Board and Regional Office of MoEF&CC and all the parameters are within the normal limits as stipulated by the authorities. Scientific studies on ground vibrations have been carried out through different scientific organizations to optimize the blast design parameters and control ground vibrations, noise and fly rock within safe limit for the nearby dwellings & colony and the conditions stipulated in DGMS permissions are being implemented in the project. Ground vibrations are being regularly monitored and recorded and they are within the stipulated norms. As regards blasting operations, permission for controlled blasting needs to be obtained by the project authorities under Regulation No. 196 (3) of CMR 2017 to conduct blasting operations within 500 m of any building or structure of permanent nature not belonging to the owner.

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Mining operations are being carried out as per the permissions obtained from the Director General of Mines Safety (DGMS), Ministry of Labour and Employment, Government of India. Reg. No.196 (3) of Coal Mines Regulations 2017 stipulates that, “In the case of an opencast working, where any permanent building or structure of permanent nature not belonging to the owner lies within the danger zone, the aggregate maximum charge per delay and per round shall not exceed the amount fixed by the Chief Inspector, by a permission in writing granted on the basis of a scientific study, and subject to such other conditions as he may specify therein”. They have given the threshold values of ground vibration as as per DGMS Circular No.9 of 1997as follows:-

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Type of Structure	ppv valu foundatio a frequen	e in mm n level of str cy	/sec at a ucture at
	<8Hz	8-25Hz	>25Hz
Building structure not
belonging to owner:
1.Domestic House structre	5	10	15
Kutcha brick & Cement
2. Industrial building RCC & Framed Structure	10	25	25
3. Objects of historical importance and sensitive structure	2	5	10
Building belonging to owner with limited
span of life: 1. Domestic House structure kucha brick & cement.	10	15	25
2. Industrial building RCC & Framed structure	15	25	50

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10. It is further contended that permissions were also granted by DGMS to work mechanized open cast coal mine using Heavy Earth Moving Machinery and adopting Deep Hole Blasting under Reg. 98(1) and 98(3) of the Coal Mines Regulations, 1957 at the Jalagam Vengala Rao Opencast-I Expansion Project, vide letter No.H1/SATHUPALLI OCP-I/perm/2005/1830, Hyderabad, Dt. 27-09-2005 evidenced by Annexure-I produced along with the counter. In order to estimate the safe explosive charge to contain the vibrations within the statutory limits (as per DGMS Circular No.9 of 1997), a scientific study was conducted through Central Institute of Mining and Fuel Research (CIMFR), Dhanbad in the year 2006 to assess the impact of blasting on the dwellings of the Vengalarao Nagar colony which is situated within a distance of 274m from JVROC-1 Mine and advised for optimization of blast design parameters. Based on the scientific study, a permission was accorded by DGMS under Regulation 170 (1A & IB) of Coal Mines Regulations, 1957, vide Lr. No. H1 / JVROC / Perm / 2006 / 1543, dated 21.08.2006 for carrying out controlled blasting operations within 300 m and up to 125 m of the Jalagam Vengala Rao Nagar area and Market yard not belonging

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to owner at Jalagam Vengala Rao Opencast-I. The recommendations of the study were scrupulously followed which is produced as Annexure – II along with the counter. Based on the same scientific study, again in the year 2015, as the blasting operations were proposed to be extended within 500m of dwellings and surface structures, SCCL obtained permission from DGMS to conduct controlled blasting within

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500 m and up to 100 m of Jinugupalli Village, temple, tomb, PWD Road etc. vide.H1/1191131339/ JVROC/ Perm107(1B)/2015/2445, dated 15^th September, 2015 evidenced by Annexure – III and the study results are being followed by this project proponent as per the DGMS permissions and blasting operations are being carried out accordingly. According to the permission, PPV values of blasting operations are being measured by the company every day using Minimate Instrument, which is approved by DGMS Authorities. The statement showing the PPV Values recorded by minimate instrument from January, 2017 onwards was produced as Annexure IV along with the counter. The blast induced ground vibrations are found to be within the permissible standards stipulated by Directorate General of Mines Safety (DGMS), Dhanbad. There are three villages within the 500 m of the proposed JVR OC Mine (I&II Mine) Expansion, viz., Jinugupalli, Rejarla and Kistaram Villages. However, mining operations were already completed within 500 m of the Jinugupali Village and no blasting operations are required to be conducted within 500 m of any building or structure of Kistaram Village also. Blasting operations are proposed to be extended within 500m of residential structures of Rejarla Village and PWD road which are on the south side. NTR Nagar is at a minimum distance of 617 m from quarry edge and blasting operations were carried out from a distance of 728 m to NTR Nagar. There were no complaints from the residents of NTR Nagar regarding damages caused to

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residential structures due to blasting operations carried out in JVR OC-I Project prior to year 2017. The complaint was made by the Applicant in the year 2017 when the quarry operations were carried out at a distance of 881m from NTR Nagar. They have clarified in the counter that the mining operations will not extend towards NTR Nagar in future. So, according to the 1^st Respondent, the applicant is trying to mislead this Tribunal with false allegations to gain undue sympathy from this Tribunal. A scientific study has been conducted by Department of Mining, Kakatiya University, Kothagudem on 02^nd February, 2018 on blast vibrations and air over pressure at nearby villages of NTR Colony and Jinugupalli Villages which are situated within a distance of 617m and 371m o n the Eastern side of Jalagam Vengala Rao Opencast-1 Mine to obtain controlled blasting permission with in 500 m of the dwellings of Rejarla Village and PWD Road etc. and the study report was submitted in May, 2019. The conditions stipulated in the DGMS permission, based on the recent study results or otherwise, will be followed by the project authorities to progress the workings as stated above and it is ensured that the stability of residential structures in the surrounding villages will be unaffected due to blast induced vibrations in future also. The GIST’s report had concluded and made the following conclusions and recommendations w h i c h r e a d s a s follows:

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“(i) The frequency of most of the blast vibrations is observed to be less than 8 Hz and the existing structures on both the sides of the study area are not belonging to the owner. Hence, PPV of 5 mm/s is considered as a limit based on DGMS guidelines.

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(ii) The following table illustrates the safe maximum charge per delay derived for various distances based on the regression analysis to limit the damage to the nearby structures in East side and South side of the mine respectively. The minimum and maximum charge per delay to limit the damage of structures in the eastern side of the mine are estimated as 16.4 kgs at 50 m distance and 14740.5 kgs at 1500 m respectively.

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Recommended explosive charge per delay

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Safe side	Explosive Char (NTR Colony)	ge for East	Safe Explosiv (Rejarla	e Charge for Sou Village)	th side or
S.No	Distance (m)	Maximum Charge per delay (kgs)	S.No	Distance( m)	Maximu m Charge per delay (kgs)
1	50	16.4	1	50	13.4
2	100	65.5	2	100	53.4
3	150	147.4	3	150	120.2
4	200	262.1	4	200	213.6
5	250	409.5	5	250	333.8
6	300	589.6	6	300	480.6
7	350	802.5	7	350	654.2
8	400	1048.2	8	400	854.4
9	450	1326.6	9	450	1081.4
10	500	1637.8	10	500	1335.0
11	550	1981.8	11	550	1615.4
12	600	2358.5	12	600	1922.4
13	650	2767.9	13	650	2256.2
14	700	3210.1	14	700	2616.6
15	750	3685.1	15	750	3003.8
16	800	4192.8	16	800	3417.6
17	850	4733.3	17	850	3858.2
18	900	5306.6	18	900	4325.4
19	950	5912.6	19	950	4819.4
20	1000	6551.3	20	1000	5340.0
21	1050	7222.8	21	1050	5887.4
22	1100	7927.1	22	1100	6461.5
23	1150	8664.1	23	1150	7062.2
24	1200	9433.9	24	1200	7689.7
25	1250	10236.4	25	1250	8343.8
26	1300	11071.7	26	1300	9024.7
27	1350	11939.8	27	1350	9732.2
28	1400	12840.6	28	1400	10466.5
29	1450	13774.1	29	1450	11227.4
30	1500	14740.5	30	1500	12015.1

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(iii) Similarly, the above table also illustrates safe maximum charge per delay considering distribution of blast induced wave towards the South side (or Rejarla village) of the mine. The minimum and maximum

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charge per delay to limit the damage of structures in the eastern side of the mine is 13.4 kgs at 50 m distance and 12015 kgs. at 1500 m respectively.

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(iv) The effective fragmentation of rock mass is observed in all the blasts performed for the study. Hence, recommended to maintain the burden between 4.0 m to 5.5 m; spacing between 5.0 m to 6.5 m and depth of the hole as 5.8 m.

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(v) The fly rock was observed from 50 meters to 200 m and it may cause the damage to nearby structures or village since the mine is progressing towards the South (dip) or Rejarla village or public roadway i.e, Sathupally - Vijayawada. Hence, it was recommended to adopt the muffled blasting to avoid the fly rock. This muffled blasting will be practiced if the distance of structure falls from the blast face within 150 m. The mats, belts, mesh or sand bags are used for the muffled blasting.

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(vi) The maximum noise or air over pressure observed in a single blast as 138.2 dBL at 220m from the blast face for the maximum charge per delay of 50 kgs. In all other blasts, the air over pressure is recorded at an average of 117 to 118 dBL. Generally, the noise is reduced with an increase of distance. The proper stemming and controlled blasting techniques are being adopted for reducing the noise.

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(vii) The proper free face is provided for each blast to avoid the undesirable effects of blasting. Number of rows in a particular blast are limited to 4. Nonel initiation technique for the blasts is being practiced. The existing practice for trunk line delays with combination of 65 ms and 25 ms is followed. The trenching was also made ahead of the structures to limit the blast induced ground vibration. Pre-split blasting was practiced to limit the damage of vibration on the nearby structures.

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„(viii) The clearing of traffic on the roadway and not allowing the any personnel in the danger zone of the mine are being followed during blasting operations.”

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11. They further contended that they are following the

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recommendations strictly to avoid any impact on a c c o u n t o f t h e i r o p e r a t i o n o n the dwellings of NTR Colony [which is at a distance of 2225m from JVR OC (I&II Expansion)], Rejerla village and PWD Road. The parameters of blasting operations are within the limits as per the statute. The coal transportation is not

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carried out on the road leading to NTR Nagar and as such, general vehicular traffic is the contributing factor for general air pollution in the colony. They were taking all various pollution control measures in the project like dust suppression through water sprinkling, wet drilling & controlled blasting, greenbelt around the mine facing habitation including NTR colony, there was no significant impact on the residents of NTR colony due to the mining activities and the same has been established by periodical environmental monitoring carried out by third party agency i.e., EPTRI, Hyderabad. They have denied the allegation of pollution etc. They have obtained the Environmental Clearance (EC) from MoEF&CC after conducting public hearing and following the procedure provided under the EIA Notification, 2006. They have taken the following measures being implemented to control air pollution which reads as follows:-

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“The air pollution mitigation measures implemented in the opencast mine are as follows:

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Wet drilling and controlled blasting.

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Water spraying is being done for dust suppression at working places, haul roads, approach roads to dump yard by 13 No‟s of mobile water sprinklers in the mine. Water spraying is being done to suppress dust emissions along haul roads and loading places with mobile water sprinklers of 28 KL (3 No‟s), 20 KL (5 No‟s), 15 KL (2 No‟s) capacity and 12 KL Water Tanker (3 No‟s).

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Proper wetting of blasted coal before loading in to dumpers/dump trucks.

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Avoidance of overloading of dumpers/dump trucks.

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Regular compaction and grading of haul roads.

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Scheduled maintenance and periodical tuning of engines of HEMM for containing the exhaust emissions i.e. CO, SO2 & NOx.

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Greenbelt development all along the mine lease area, vacant land near office buildings and plantation on OB dumps

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A Mound Barrier of around 1.5 km length is made at north and east side boundaries of the quarry towards NTR Nagar and thick green belt is developed over it.

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Effective dust suppression measures are taken up at pit head coal handling plant (CHP), which include:

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Water spraying arrangements at unloading points and crushers at CHP to control dust emissions.

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Provision of belt conveyors of adequate width.

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Regular dust suppression by water spraying in CHP premises.

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Black topping of permanent road link routes to CHP, permanent internal roads.

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Minimizing height of fall at coal unloading points and transfer points.

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Restricted speed of the vehicles in the project premises.

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Use of pre-weigh bins to avoid overloading of trucks The coal produced from three opencast mines in Sathupalli Area is initially transported from quarry to pit-head CHP from where it is transported to Rudrampur Coal Handling Plant (RCHP), Kothagudem. Further, to avoid road transport, railway line is being laid from BDCR to Sathupalli with a capital outlay of 927crores in which SCCL has accepted to bear the cost of 618 crores and deposited an amount of 356.38 crores as advance to railway authorities.”

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12. They are also implementing the following mitigation measures to control air pollution during coal transportation by road and ensure that pollution levels are within the stipulated limits.

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Regular dust suppression near loading and unloading points.

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Proper dust suppression system at hoppers, CHP premises and approaches to CHP area.

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Mist spray arrangement at all dry material conveying and transfer points.

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Area between various sections and truck parking areas are made of concrete/bitumen/brick work

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It is ensured that the coal transport trucks are filled up to brim level to avoid coal spillage during transport.

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It is strictly ensured that all the coal transport trucks are covered

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with good quality tarpaulin sheet having tying arrangement with ropes to avoid spillage and flying of coal dust during the transportation of coal from the loading point to unloading point.

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Coal transport vehicles are taken up for periodic maintenance for tuning of engines in order to control vehicular exhaust emissions.

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During vehicular maintenance fuel leakages are being checked.

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During periodic checks of trucks, condition of body with respect to leakages is being checked and steps are taken to prevent coal spillages during movement of trucks on the public roads.

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13. They were also implementing certain measures for control of noise and blast vibration and also from the generating source of their activities i.e. working machinery, blasting and plying of vehicles.

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The following noise control measures are being implemented during the operation of the mine.

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Formulation and implementation of suitable blast design parameters such as burden, spacing, charge per delay etc. for different coal/OB types.

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Controlled blasting techniques by using NONELs to minimize the noise and vibration.

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Procurement of HEMM with acoustically designed operator‟s cabins.

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Proper maintenance and tuning of HEMM and other machinery.

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Greenbelt with species of rich canopy around the lease area and along the roads, to attenuate the noise levels. The greenbelt will act as noise attenuator

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Use of personal protective devices i.e., earmuffs and earplugs by workers, working in high noise activity centres.

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The following measures are being implemented in the opencast mines for controlling noise and blast vibrations.

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Controlled blasting technique using non-electric (NONEL) delay detonators to reduce blast vibrations substantially.

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Regulating Charge per delay to minimize blast vibrations.

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Optimum delay sequence and stem to column ratio to minimize the fly rock distance and ground vibration intensity.

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Basing on the distance of the nearest sensitive areas from the epicenter of the blast, charge weight alteration to meet the

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stipulated standards.

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Design of optimum blast hole geometry considering bench height, diameter of hole, type of explosive, nature of rock, level of fragmentation required etc.

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Carrying out blasting operations only during day time.

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Drilling, charging and blasting operations under strict supervision as per DGMS stipulations.

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Avoidance of secondary blasting.

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Ensuring free face for effective blasting operations

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Muffled blasting is implemented wherever situation warrants”

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14. They implemented the followings measures to control soil

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pollution:

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1. Provision of oil and grease traps in HEMM workshops for treating effluents and their subsequent recycling.

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2. Construction of garland drains along the dumps and along the lease area to restrict the suspended solids from entering into the natural water regime as well as to prevent storm water entering the lease area.

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3. In JVR OC-I, catch drains for a length of 17240m and 4 Nos. settling ponds have been made for proper collection of water into the settling ponds and to arrest silt from the runoff from OB dump. In JVR OC-II, Catch drains for a length of 2.5 km and 9 No‟s. Settling ponds have been made to arrest silt and sediment flows from top soil, OB dumps.

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4. Construction of Check dams/rock fill dams wherever necessary to reduce siltation. Nine (9) No. of settling ponds and Two(2) No. of check dams were constructed in the project area.

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5. In JVR OC-I, the garland drains are being maintained around the external dump and quarry for a total length of 13.00 km. and 4240 mtrs.of drain was provided on internal dump yard. The drains and settling ponds are being regularly de-silted and properly maintained. 1760 m length of Toe Wall is constructed around the External and Internal dump yards.

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6. Treatment of excess mine water in settling tanks to separate the suspended solids before let out into the nearby irrigation tanks/ streams / agricultural land.

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15. It is further contended that the third party agency viz., Environment Protection Training and Research Institute, Government of Telangana, CPCB recognized, NABL (National Accreditation Board for Testing and Calibration Laboratories) accredited state laboratory is conducting post project environmental monitoring and the parameters were within the limits which is evident from Annexure – V and they are producing the half yearly compliance report to the Regional Office, MoEF&CC, Chennai and Telangana State Pollution Control Board, Hyderabad as per the conditions of the Environmental Clearance (EC), latest of which was produced as Annexure-VI. They are taking all steps for stabilizing the overburden dumps and taking up plantation. They have made plantation of a total area of 322.90 ha in JVR OC-I and in 8.80 ha of plantation in external dump of JVR OC II. On the basis of the complaints made by the applicant, a Committee was appointed and they conducted inspection and submitted the report to the District Collector, Khammam evidenced by Annexure – VII. They have made all necessary steps to minimize the impact of blasting and pollution being caused on account of the operation of the unit. The recommendations made by the committee pertains to Department of Mines Safety, GoI and the competent authority is the Deputy Director of Mines Safety, Hyderabad and the issue involves the damage caused to the houses. The competent authority is R&B for assessing the cost of damage and the concerned Thahasildar is also the competent authority, as the area falls within his jurisdiction. The District Collector, Khammam vide their proceedings Rc.No.C1-202-2019 dated 05.07.2019 addressed a

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letter to the General Manager, SCCL, Sathupalli, enclosing a copy of the report to take necessary action evidenced by Annexure – VIII. But, the SCCL has not received any further information. They have denied the allegation that on account of the operation of the unit, health hazards have been caused to the people residing therein and damage has been caused to the buildings and these things will have to be proved by them. They have stopped first phase mining operation in Jalagam Vengal Rao Opencast Mine and the authorities have not implemented mine closure plan as per the EMP and Environment Clearance etc. are denied. The coal mining operations in Jalagam Vengala Rao Opencast-I will be closed during 2020- 21 and it is proposed to utilize the voids of JVR OC-I Expansion for dumping of overburden from the proposed JVR OC Mine (I & II). The Mining Plan and Mine Closure Plan was also approved by the Ministry of Coal on 29.03.2019 evidenced by Annexure-IX and as per approved Mine closure plan, about 184.71 ha has to be brought under plantation and at present, 186.90 ha. plantation has been carried out. Further, about 80 ha plantation has been taken up in between mine boundary and R&B Road which is beyond mandate. In addition, 52 ha. of plantation was carried out outside the project area in the degraded forest land. Trenches were made for preventing animals to enter in to the mining area and there was no incident of danger to wild animals and domestic cattle. They have also prepared the wildlife conservation plan at an estimate of Rs.1.34 Crores evidenced by Annexure – X. They denied the allegation of pollution being caused and violation being

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noted by the EAC m e m b e r s . In case of JVR OC-I, SCCL applied for Environment Clearance from MoEF&CC under violation category on account of excess production, as per S.O. 804(E) dated 14th March 2017 and this is being processed by MoEF&CC. Only after obtaining Environmental Clearance (EC), extraction activity will be conducted. The allegation that the committee found that there was violation of environmental conditions. They have made the application under the violation category of Notification dated 14.03.2017 and they submitted the proposal and the MoEF&CC issued ToR. The Telangana State Pollution Control Board is conducting public hearing and the proposals are being processed as per the ToR issued conditions. They are extending all necessary help under the Corporate Social Responsibility by conducting Mobile Medical Camps and other welfare activities in NTR Colony evidenced by Annexure – XII. Th e f o l l o w i n g developmental and welfare works are being done by them in the affected villages under CSR which reads as follows:-

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a) Laying of CC roads, Drains, repairs of school buildings and Community halls in the project affected villages of JVROC at a cost of Rs. 8.00 Crores

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b) Fixing of 920 Nos. LED street lights in 8 nearby villages, namely, Rejarla, Kistaram, Kothuru, Gourigudem, Lingapalem, Kotha Lingapalem, Kakarlapalli and Tallamada at a cost of Rs. 12.50 Lakhs during 2019-20.

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c) Distribution of blankets for the villagers of Kommepally in the year 2016 at a cost of 2.50 Lakhs.

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d) Distribution of tarpaulins for the villagers of Kommepally in the year 2015, 2017 and 2019 at a cost of Rs. 8.50 Lakhs.

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e) Provision of bore wells in the surrounding villages at a cost of

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Rs. 28 Lakhs. f) Conducting various training programs for the unemployed youth such as, Tailoring, Muggam works, Embroidery, Motor driving, computer coaching etc in project affected villages at a cost of 14lakhs.
g) About 750 people of project affected villages are presently working in various contractual works which are being carried out at JVROC, SCCL
h) Distribution of about 3,61,000 Nos. plants at a cost of Rs. 30.00 Lakhs and plantation is done in about 329 ha. at a cost of Rs.89 Lakhs.
i) An amount of Rs. 100.69 cores is deposited for DMFT (District Mineral Fund Trust), Khammam, up to May 2020.
j) Supply of excess mine water for irrigation of about 600 Acres of paddy fields of Kommepalli, Rejarla and Kistaram Villages
which are adjacent to the Project.
k) Construction of bund with 1530 m. length and 10 m. height towards NTR Nagar and thick plantation which acts as a barrier for controlling propagation of sound and Dust.
l) Provision of note books, shoes, ties, belts for the students of Government Primary School, Kistaram Village at a cost of Rs. 40,000/-.
m) Further as per the direction of MoEF & CC, a fund of Rs. 26.67 Crores will be spent on welfare and Developmental works under
remediation and augmentation plan in nearby villages as recommended by Expert Appraisal Committee in 36th EAC meeting held on 22.09.2020 for grant of Environment Clearance for Expansion of JVR OC-I Project under violation category (Annexure XIII).
n) Under corporate social Responsibility (CSR), two village tanks namely “Chillavaagu” of Kistaram village and Jeenugupalli Cheruvu of Rejerlla village which are falling with in 5 km.
radius of lease boundary have been de-silted (20,000 cu.m and 10,000 cu.m respectively). The value of work is Rs. 37,02,097.00.
o) Further, as a corporate social responsibility, de-siltation of about 30,000 cu.m from Pedda cheruvu water tank of Kistaram village, which is falling with in 5 km. radius of lease boundary of JVROC-1 Exp. & JVR OC-II by deploying SCCL HEMM for
a period of 15 days. The total cost of work is Rs. 16,42,992.00. The following departmental machinery was used for the de- silting of Peddacheruvu tank. In addition to the above,
on the request made by the residents of Kistaram village, part of
the De-silting soil was also loaded into trucks/tractors of the

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farmers for spreading in their crop fields.

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i. One LC-200 Shovel of 1.00Cu.m Capacity.

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ii. 2No.s of 35 T dumpers.

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iii. D-155 dozer.

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16. In view of the above, there is no merit in the submissions and they prayed for leave to file further counter, if any, required in future. So, they prayed for dismissal of the application.

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17. While admitting the matter, this Tribunal had deleted the 7^th Respondent from the party array as per order dated 08.09.2020 and this Tribunal also appointed a Joint Committee comprising of (i) the District Collector, Khammam District or a Senior Officer not below the rank of Assistant Collector/Joint Collector or Sub Divisional Magistrate as designated by the District Collector, (ii) a Senior Officer/Scientist from Ministry of Environment, Forests and Climate Change (MoEF&CC), Regional Office, Chennai, (iii) a Senior Officer from the Telangana State Pollution Control Board as nominated by its Chairman and (iv) a Senior officer from the Department of Mines and Geology, Telangana State as deputed by the Director to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.

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18. The Joint Committee was directed to go into the following questions:-

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a. Whether the safety as well as pollution control mechanisms provided are sufficient to meet the sound and air pollution that is likely to be caused on account of the operation of the 1^st

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respondent unit and the impact of such pollution on the residents of that locality

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b. Whether there was any violation committed by the 1^st respondent in implementing the terms and conditions imposed in the Environmental Clearance (EC) granted and also the Consent granted by the authorities,

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c. Whether the mining closure plan has been properly implemented by the 1^st respondent when the mining activity in one of the mines is closed or exhausted,

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d. Whether any excess mining has been done and if so, what is the quantity of the excess mining done.

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e. Assess the environmental compensation regarding the damage caused to the environment apart from assessing environmental compensation for excess mining that is said to have been committed by them.

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f. Whether any soil degradation has been caused on account of the activities of the 1^st respondent and its impact on agricultural activities in that area

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g. Conduct the Ambient Air Quality and soil quality test and also

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test the sound level in that area, and if there is any violation found then, suggest as to what are all the remedial measures to be taken by the 1^st respondent to mitigate the same apart from payment of environmental compensation for the damage caused to the environment.

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h. Whether necessary green belt has been provided for the purpose of mitigating the air pollution and sound pollution by the first respondent unit.

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i. Ascertain the vibration that is being caused while using explosives if any, while undertaking the mining operations and its impact on the residential area as well.

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19. The Ministry of Environment, Forests and Climate Change, Regional Office, Chennai was designated as the nodal agency for co-ordination and also for providing all necessary logistics for this purpose.

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O.A. No.20 of 2021 (SZ):

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20. This application was filed by one Oggu Srinivasa Reddy against the same project proponent namely, Singareni Collieries Company Limited (SCCL)/3^rd Respondent on the question of enhancement of mining proceedings dated 30.06.2017 issued by the 1^st Respondent granting Forest Clearance and seeking to set aside the same on the ground of violation of the said proceedings and on the ground of failure to obtain Environmental Clearance (EC) as mandated under law.

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21. The Applicants are the residents of Rejera Village, Sathupally (M) Khammam District and they are having agricultural land to the extent of 10 Acres of land in that area. The 3^rd Respondent/.SCCL had obtained Environmental Clearance (EC) by proceedings No. J-11015/268/2007-IA.II (M) dated 28.03.2010 in respect of 1,409.81 Ha. of Kommepalli Village, Sathupalli Mandal, Khammam District, Andhra Pradesh (now in State of Telangana).

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22. According to the applicants, as per the specific condition No.2 (viii), no coal transportation by road is permitted, apart from other specific and general conditions. The 3^rd Respondent has violated the aforesaid conditions and continues to transport Coal by road causing severe environment pollution to the applicant and other villagers who are residing in the village. For providing internal transportation, 16.76 Hectares approximately to 41.41 Acres has been earmarked and the 3^rd Respondent has failed to provide internal transportation by Railway track by railway causing the coal dumps and its particulates being discharged into residential villages and water tanks such as Jeenugupally water tank which cater to the need of irrigation to the village of Rejarla. As per condition No. XXI, an amount of Rupees 45 Crores is to be earmarked for capital and revenue expenditure for environmental measures and the particulars to be placed in the website and the applicant could not find any such information nor the particulars have been provided in the monitoring report issues in 2013 submitted to the 1^st Respondent. As per condition No.2(i), it was stated that forest land can be mined subject to Forest Clearance, however the permission granted to the 3^rd Respondent in respect of Forest Clearance vide proceedings dated 30.05.2017 evidenced by Annexure – 2 by the Assistant Inspector General of Forests representing the Forest Department clearly states that the aforesaid Forest Clearance under the provisions of Forest (Conservation) Act, 1980 and again subject to Environmental Clearance (EC) under 2(vi) of the conditions which reads as follows: "The User Agency shall obtain the Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986 before work before work for the project is initiated”. Mining in the forest land is an activity specified in Category 'A' and requires Environmental Clearance as per

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Section 2 read with schedule of EIA Notification dated 14-09-2006. As held in T.N. Godavaraman Thrumulpad: In Re: Vedanta Aluminium Ltd Vs. Union of India & Ors. reported in (2008) 2 SCC 222 , mandated the necessity for compliance of the provision of the Act and the notification dated 14.09.2006, failure of which will leads to cancellation of clearance or withdrawal of clearance. The 3^rd Respondent has not applied and obtained the Environmental Clearance subsequent to proceedings dated 30-05-2017 by Forest Department and they have commenced mining, which in the forest land is completely illegal. They will have to pay huge compensation for conducting illegal mining and causing severe environmental pollution. They made an application for enhancement of the quantity to 10 MTPA from 5 MTPA and the same is pending before the 1^st Respondent and the 1^st Respondent is mandated to take a decision under the Environment (Protection) Act, 1986 read with EIA Notification dated 14.09.2006, as the conditions in the earlier clearance granted as per proceedings dated 28.03.2010 have not been complied with. An extent of 16.76 Hectares for conveyor belt railways has been earmarked clearly shows that there cannot be any Coal transportation on either in the core zone or in the buffer zone by road and the said stipulation is incomplete and absolute conformity with the requirements of Article 21 which mandates every citizen is

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entitled to clean and healthy environment and State and its instrumentalities should endeavor to protect the same. Rejerla village which is in the buffer zone as per the Environmental Clearance in proceedings dated 28-03-2010 has been severely affected by the illegal mining of forest land in as much as Rejerla village although in the buffer zone, the 3^rd Respondent has violated the condition No.2 (viii) in proceedings dated 28.03.2010 and further mining in forest area without

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there being any Environmental Clearance (EC). The 1^st Respondent had issued statutory and standard Terms of Reference to the 3^rd Respondent vide proceedings dated 21-05-2019 evidenced by Annexure – A5 and Para 13 is relating to 'Social impact assessment and in the entire tabular form under the caption “Impact on land use & Topography” under Para 4.23.2.1 of the Draft Environmental Impact Assessment/Environment Management Plan for JVR OC Mine (I & II Expansion) evidenced by Annexure A-6, where it has been stated that there will be no impact on land use and topography. The 3^rd Respondent submitted the Final Environmental Impact Assessment Environmental Management Plan JVR OC Mine (I & II) evidenced by Annexure A-7 seeking enhancement in September, 2020 which is the replica of the earlier draft without complying the mandated conditions as referred to earlier. Even there, they have mentioned that there will be no impact on land use and topography. There was total non application of mind, in as much as no public hearing has been conducted in village of Rejerla as mandated under the Act and as entitled to by the applicants and others. The project proposal did not envisage any mention of conveyor belt and railway track and as though the lives of the people can be bartered at the costs of commercial expediency. The compliance report expected to be filed once in six months by the project proponent as per the Environmental Clearance (EC) suggest that there were brazen violation of conditions stipulated in proceedings dated 28-03-2010 and no action was initiated by the 1^st Respondent for correcting the same. The 3^rd Respondent is continuously discharging the effluents into Jeenugupalli Tank without establishing treatment plant and at present, the pollution level in Jeenugupalli Tank situated in Rejerla Village is alarming as per the water analysis report obtained from Vimta

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Labs Limited dated 26.05.2020 evidenced by Annexure – A8. They are not undertaking any spraying of water in the mining area as well as on roads, as coal is being transported by heavy vehicles contrary to the condition

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No.2 (viii) which results in severe air pollution. Though in order to minimize the impact of sound, they have been directed to carry out wet drilling and controlled blasting techniques, but the contactors to whom the work was entrusted are not following the same and there was no supervisory mechanism provided for this purpose. Though they have submitted representations dated 14.05.2020 and 18.07.2020 evidenced by

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Annexure – A9 & A10 respectively to the Hon’ble Minister for Environment, Forests & Climate Change, no action has been taken so far, which compelled the applicant to file this application seeking the following interim as well as main reliefs:-

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“Interim Relief:

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To direct to stop the mining activities being done in 776.20 Ha. of land in Lankapalle and Rejarla Village in Khammam District by the 3^rd Respondent pending disposal of the above Original Application and pass such other order or orders in the interest of justice.

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Main Relief:

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“Set aside the proceedings dated 30.06.2017 issued by the 1^st respondent herein by declaring that the 3^rd respondent has violated the conditions stipulated herein and further restrain the said respondent from continuing mining in respect of area which is subject matter of above said proceedings and to issue appropriate directions by declaring the impugned action as illegal, arbitrary and violative of provisions contained in Article 14, 21 and 48 –A of Constitution of India and pass such other order or orders in the interest of justice.”

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23. The 3^rd Respondent filed counter affidavit contending that the application

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is barred by limitation and they ought to have filed an appeal within a period of 30 days from the date of order or decision under Section 16 of the National Green Tribunal Act, 2010. In this case, Environmental

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Clearance (EC) was granted on 28.03.2010 and Forest Clearance (FC) was granted on 31.05.2017. But the application was filed in the year 2021 after nearly 11 years of issuance of Environmental Clearance (EC) and 3 ½ years of the issuance of Forest Clearance (FC). They almost reiterated the contentions raised by them regarding the establishment and obtaining of Environmental Clearance (EC) as mentioned in their counter affidavit in O.A. No.174 of 2020 (SZ). They denied the allegation that there was a specific condition that no coal transport by road is permitted and the 3^rd Respondent has violated the same. The MoEF&CC stipulated specific condition No. 2(A) (vii) in Environmental Clearance Letter that "No coal transportation shall be undertaken by road". Further, the Respondent Company has requested the MoEF&CC, vide Lr. No. CRP/ENV/A/405/568 dated 16.08.2013 to modify the condition of rail transport and permit to transport coal from the proposed project by road to the linked customers till the railway line is completed. The MoEF&CC considered the request of SCCL for modification of the condition in Environmental Clearance (EC) Letter during the 19^th EAC Meeting held on 14.08.2014 and accorded permission stating that "the railway line should come into operation within a period of three years and until that time the coal may be transported by road with mechanically covered trucks" , evidenced by Annexure-III. The 3^rd Respondent again requested the MoEF&CC, vide Lr. No.CRP/ENV/A/405/665 dated 19.12.2018 to modify the condition of rail transport and permit to transport coal from the proposed project by road to the linked customer's up to 31.03.2022, as the delay in completion of railway line is due to Covid-19. During the 8^th EAC Meeting held on 11.02.2021, the MoEF&CC considered the request of the 3rd Respondent for modification of the condition 2(viii) in Environmental

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Clearance (EC) letter, and accorded permission up to 31.12.2021, evidenced by Annexure – IV. The JVR OC-II Project was commissioned only on 01.09.2017, after diversion of forest land and obtaining other

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statutory permissions. However, keeping in view the delay in commencement of railway line works, the 3^rd Respondent requested the MoEF&CC to extend the validity period of modification already granted to specific condition No. 2(A) (viii) of the Environmental Clearance to enable the 3^rd Respondent to transport of coal by road mode. The proposal was discussed in the 8^th EAC Meeting held on 11.02.2021. The EAC after deliberations and considering the advance status of implementation of railway line, recommended the proposal for grant of amendment in Environment Clearance of Jalgam Vengal Rao Opencast Project-II with the extension of permission for transportation of coal by road mode till the end of December 2021. Coal from JVR OC-II mine is not being transported through Rejerla Village as alleged by the applicants. It is being transported from mine to RCHP (Rudrampur Coal Handling Plant), Kothagudem, through tarpaulin covered trucks in order to prevent environment pollution. A plan showing coal transportation route was enclosed along with the counter as Annexure-V. Regarding discharge of mine water, a modern Coal Handling Plant (CHP) with built-in environmental safeguards of 10 MTPA capacity is being constructed at the project at a cost of Rs. 398 crores. A railway line of 54.1 km length is being constructed through railways from Sathupalli to Bhadrachalam Road (Kothagudem) at a total cost of Rs. 927.94 crores, of which, the 3^rd Respondent share is Rs. 618.55 crores. A railway siding of 3.5 km is also being constructed for transport of coal from CHP by rail mode. The coal transportation will be switched over to rail mode after

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completion of railway line by S.C. Railway authorities. Previously, excess mine water was discharged into Jeenugupally water tank but due to closure of Jalagam Vengal Rao OC-I operations, the discharge of excess mine water into Jeenugupally water tank has been discontinued. However, the excess mine water is channelled through settling tanks for removal of suspended solids and the treated water is only discharged into nearby agriculture tanks after meeting the desired standards and they have produced the analysis data of mine discharge water of JVR OC-II as Annexure-VI. The excess mine water has been discharged into nearby agriculture tanks like Kistaram tank as per the request of local villagers and they are able to raise two crops in a year. As regards earmarking Rs.45 Crores for capital and revenue expenditure for environmental measures, the mining operations in JVR OC-II started in the year 2017 and the capital and revenue expenditure details were being furnished to Regional Office of MoEF&CC along with six monthly compliance reports. The expenditure incurred for the previous six months period is being reported in half yearly compliance reports. The latest half-yearly compliance report was also being placed in SCCL website. So far a total capital expenditure of Rs.0.14 crores was spent on environment protection measures against the provision of 1.8 Crore. The annual revenue expenditure on environment protection was furnished as follows: 1) 2018-19 : Rs. 8.67 Crores 2) 2019-20 : Rs. 14.35 Crores and 3) 2020-21: Rs. 15.83 Crores. Hence, a total amount of Rs.38.99 crores was so far spent towards capital and revenue expenditure on environmental protection measures. As regards the forest land can be mined subject to Forest Clearance, according to condition No. 2 A (i) of Environment Clearance letter of JVR OC-II Project, "No mining operations shall be

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undertaken in 776.20 ha. of forest land until prior clearance has been obtained under the provisions of Forest Conservation Act, 1980". The mining operations in forest land started in September 2017 only after obtaining Forest Land diversion for 776.20 ha. of forest land vide Lr. F.No.856/2014-FC. Dated 31.05.2017. While granting Stage-II permission for diversion of forest land, it was stipulated at condition 2 (vi) that user agency shall obtain Environment Clearance as per the provisions of Environment (Protection) Act, 1986 before the work for the project is initiated. The Environmental Clearance (EC) and Forest Clearance (FC) proposals will be discussed separately by independent committees i.e., EAC and FAC in MoEF&CC. The condition stipulated in Environment Clearance and Forest Land Clearance letters indicates that both the clearances are mandatory prior to commissioning of the project. They have started the mining operations in September 2017 after obtaining Environment Clearance on 28.03.2010 and Forest Clearance on 31.05.2017 and thereby they have complied with the conditions imposed in both the clearances. Regarding mining operation in Forest Land, it is submitted that the MoEF&CC, New Delhi, accorded Environment Clearance for JVR OC-II under the provisions of Environment Impact Assessment Notification, 2006 and its subsequent amendments subject to compliance of terms and conditions. One of the specific conditions of Environmental Clearance (EC) letter states that mining shall not be taken in forest land until prior FL Clearance is obtained. They are strictly complying with the condition in the Environmental Clearance (EC) and they obtained Forest Clearance (FC) before starting the mining operation. Regarding obtaining Environment Clearance subsequent to Proceedings dt.30-3-2017, the 3^rd Respondent commenced mining operations in JVR OC-II project only

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after obtaining Environment Clearance and Forest Clearance. Environment Clearance is already available for the project and there was no need to obtain Environmental Clearance (EC) again after grant of Forest Clearance (FC). They denied the allegation of illegal mining done in forest land and their liability to pay compensation for illegal mining. The officials of the MoEF&CC, Regional Office were inspecting the project periodically and monitoring the compliance of Environment Clearance/Forest Clearance/Consent to Operate conditions. Environmental Clearance (EC) compliance reports are being submitted to the Regional Office of MoEF&CC and the Telangana State Pollution Control Board (TSPCB) on half yearly basis and copy of the compliance report for the period ending September 2020 was produced as Annexure – VIII. As regards the enhancement of production to 10 MTPA from 5 MTPA, the 3^rd Respondent submitted an application to MoEF&CC on 05.04.2019 for the proposed Jalagam Vengal Rao Opencast Mine (I&II Expansion) for enhancing rated coal production from 5 MTPA to 10 MTPA(Million Tonnes Per Annum). In this connection, Regional Office of MoEF&CC, Chennai inspected JVR OC-II project on 19.07.2019 to monitor the compliance of Environmental Clearance (EC) conditions and subsequently, issued a certified compliance report. The 3^rd Respondent submitted compliance status on the non-compliances observed by the MoEF&CC, Regional Office. The Certified Compliance Report (CCR) issued by MoEF&CC, Regional Office is produced as Annexure – VIII. The CCR of existing Environmental Clearance (EC) of JVR OC-I issued by MoEF&CC, Regional Office, Chennai and the latest compliance status of Environmental Clearance (EC) conditions were submitted to MoEF&CC for grant of Environmental Clearance (EC) for expansion proposal. They

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applied for expansion and that was considered as violation category and obtained Environmental Clearance (EC) for JVR OC-I Expansion. EAC recommended for extension of permission for coal transportation by road till the end of December 2021. They will furnish a comprehensive reply to MoEF&CC on all these aspects for further considerations of the proposal. So, they are not deviating from procedural norms in seeking Environment Clearance for the expansion project. Regarding coal transportation in core zone or buffer zone by road, it is contended that the work is under progress for construction of CHP (Coal Handling Plant), conveyor belt from CHP to silo bunker, railway siding and Railway Line from Sathupalli to Bhadrachalam Road (Kothagudem). So, the allegation that they are violating the Environmental Clearance (EC) conditions of transport of coal by road against railway line is not correct and hence denied. The 3^rd Respondent has acquired private land (agricultural land) by paying suitable compensation to the land owners as per Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013. They have also undertaken that they will implement environment management plan of the project area for prevention and control of pollution and also for reclamation of mined out areas. Pollution mitigation measures are being implemented in the project for safeguarding the environment thereby ensuring sustainable coal mining operations. The air, water and noise pollution is being monitored through Environment Protection Training and Research Institute (EPTRI), Hyderabad, a CPCB recognized and NABL accredited laboratory and the monitored data is being submitted to regulatory authorities, MoEF&CC and TSPCB on regular basis. Such a monitoring report will go to show that it is well within the stipulated limits and the

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report was produced as Annexure-X. Regarding Social Impact Assessment, it was contended that it is mentioned at point No.4.26.2.1 of Environment Management Plan (EMP) that there will not be any significant impact on land use and topography of the area due to washery operations evidenced by Annexure-XI. The washery operations are planned so as to ensure zero discharge of effluents, asphalting of internal roads and proper disposal of solid rejects under land management. As per Clause- 4.26.1.I of EMP, there will be impact on land use and topography, which will be limited to plant area alone. However, a suitable mitigation plan has been incorporated for management of land in and around the washery and disposal of wastes. The public hearing was conducted on 21-5-2009 near Kommepalli Village, Sathupalli Mandal which was selected by the District Collector - Kommepalli Village for expansion project. Conveyor belt and railway track are already under construction as envisaged in the project report. Photographs showing the progress of CHP, railway siding and Road from Sathupalli to Bhadrachalam Railway line (Kothagudem) were enclosed as Annexure-XII. Necessary clearances have been granted only after considering the relevant documents produced to the MoEF&CC as compliance of conditions of Environmental Clearance (EC). Certified compliance reports of Environmental Clearance (EC) granted to JVR OCII projects to MoEF&CC while seeking Environment Clearance. They are doing all work strictly in accordance with the statutory provisions and under the supervision of the State Pollution Control Board and Regional Office, MoEF&CC. The quality of mine discharge water and that of receiving water bodies is being periodically monitored through a third party laboratory i.e. Environment Protection, Training and Research

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Institute (EPTRI), Hyderabad who was recognized by the Central Pollution Control Board (CPCB) for this purpose. They are fully complying with the conditions imposed and they are taking all necessary steps to prevent air pollution and also noise pollution due to blasting. Scientific studies are being carried out for carrying out blasting near the habitation and prior approval of DG of Mines Safety is being obtained. The applicant had not challenged the Environmental Clearance (EC) and Forest Clearance (FC) granted and they cannot indirectly challenge the same before this Tribunal. They have not committed any violation of conditions as alleged. So, they prayed for dismissal of the application.

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24. The 2^nd Respondent filed counter contending that these mines are not underground mines but opencast mines. The JVR OC -I was started in 2005 & 2007 with mining capacity of 2.5 Million TPA (Peak production) in mine lease area of 547.08 Ha (including Forest land of 380.52 Ha.) on the basis of the Environmental Clearance (EC) granted dated 27.07.2007 evidenced by Annexure – 1 produced along with the counter. They obtained CFE from the TSPCB vide order dated 27.09.2007 evidenced by Annexure – 2 and they also issued CFO vide order dated 03.10.2016 with validity upto 30.06.2021 evidenced by Annexure – 5. Subsequently, the 3^rd Respondent increased the production from 2.5 Million TPA to 5 Million TPA, as per the coal demand to meet power requirement by the State Government, for which, they have not obtained Environmental Clearance (EC) and Consent of the TSPCB. Later, they approached the MoEF&CC for violation of the Environmental Clearance (EC) on increase of production capacity and they directed to go for Environmental Clearance (EC) procedure and they obtained TOR (Terms of Reference) in

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which credible action is to be initiated is one of the condition. As per the directions of the Head Office, TSPCB, Hyderabad, the Regional Office, Kothagudem has filed a complaint against Singareni Collieries Company Ltd regarding increase of production without permission. The complaint is pending before the First Class Judicial Magistrate, Sathupalli, Khammam District. The Public hearing was conducted on 14.02.2020 under Environmental Clearance (EC) procedure. They obtained Environmental Clearance (EC) for increased production capacity on 01.02.2021 evidenced by Annexure – 8. M/s Singareni Collieries Company Limited had obtained Environment Clearance for Jalagam Vengal Rao open cast mine-II (JVR OC-II), Kommepalli (V), Sathupalli (M), Khammam District from MoEF& CC vide letter No.J11015/268/2007-IA.II (M) dated 28.03.2010. The modification sought for has been accepted by the MoEF&CC and the same has been granted. The coal transportation outlet is located in North west direction and hence, Rejarla village and coal transportation outlet are in opposite directions. They were carrying water sprinkling / spraying at dust generating sources and on haul roads through mobile water tankers to control fugitive dust emissions. They provided water sprinkling arrangement and also covered with GI sheets at Coal Handling Plant to avoid dust nuisance. Laying of railway track work is under progress and considerable work has been completed. The railway track work is likely to be completed by December 2021 as informed by the representative of the 3^rd Respondent. They have provided enclosures and water sprinklers for coal handling plant. It was revealed from the representatives of the 3^rd Respondent that they have supplied the saplings to the villagers for plantation. They are carrying Air Quality Monitoring through

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Government agency EPTRI, Hyderabad in and around the villages. They denied the allegation that they were not taking action against the 3^rd Respondent for non-compliance of the conditions. As and when complaints were received, they used to inspect the area and issue necessary directions to the 3^rd Respondent when violations were found. Public hearing was conducted in the premises of JVR Government College, Sathupalli (V&M), Khammam District, as Sathupalli which is one of the project affected town. The public hearing was conducted after making wide publicity in The Hindu English daily newspaper and other local regional newspaper through Eenadu Telugu daily news paper on 11.01.2020. When they received complaints against third respondent company for discharging mine discharge water into Jeenugurupally tank in Rejarla village, they collected soil & water samples on 01.05.2020 and as per the analysis reports, the water in Jeenugupalli tank and mine water discharge of JVR OC - I are acidic in nature. Whenever complaints were received, they are inspecting the unit, collecting the samples and since it is within the standard provided, there is no necessity to take any action from their side. So, they prayed for accepting their contentions and passing appropriate orders.

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25. As per order dated 27.01.2021, while admitting the matter, this Tribunal had considered the submissions made by the learned counsel appearing for the applicant that apart from the sound and air pollution, certain other details were given regarding the damage caused to the water body which is near the place on account of large scale of dumping of coal mining from this area along the side of the water body in violation of the terms and conditions and Environmental Clearance (EC) issued.

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26. Since this Tribunal came to the conclusion that in respect of the same unit

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another case was filed as Original Application No.174 of 2020 (SZ) in respect of another village and since this Tribunal had already appointed a Joint Committee in that case and as per order dated 21.01.2021, this Tribunal expanded the Committee by including officials from the Directorate General of Mines Safety, Government of Telangana and also a Senior Official from the Directorate General of Mines Safety and Road Buildings Department, Government of Telangana as deputed by the Director General as additional members to look into these aspects, this Tribunal had directed that both the cases can be considered together and the Joint Committee appointed in that case can also go into the issue raised in this application as well and posted the case along with Original Application No.174 of 2020 (SZ).

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27. As per order dated 21.01.2021 in O.A. No.174 of 2020, this Tribunal had considered the interim report dated 18.12.2020, e-filed on 22.12.2020 extracted in Para (4) of the order which reads as follows:-

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“Interim Report of the Joint Committee constituted in the O.A. No. 174 of 2020(SZ) in the matter of Banothu Nandu Nayak Vs Singareni Colleries Company Ltd. & Ors. before the Hon’ble National Green Tribunal, (SZ), Chennai.

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Introduction :

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The Hon‟ble National Green Tribunal, Southern Zone, Chennai passed an Order dated 08.09.2020 in the O.A. No. 174 of 2020(SZ) in the matter of Banothu Nandu Nayak Vs Singareni Colleries Company Ltd. & Ors., wherein appointed a Joint Committee comprising the members of (1) the District Collector, Khammam District, or a Senior Officer not below the rank of Assistant Collector/Joint Collector or Sub Divisional Magistrate as designated by the District Collector, (2) a Senior Officer / Scientist from Ministry of Environment, Forests and Climate Change (MoEF&CC), Regional Office, Chennai (3) a Senior Officer from Telangana State Pollution Control Board as nominated by its Chairman and (4) a Senior Officer from the Department of Mines and Geology,

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Telangana State with the direction to inspect the area in question and submit factual report on the terms of reference referred therein the Order.

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2. In the above said Order Hon‟ble NGT appointed Ministry of Environment Forest and Climate Change, Regional Office, Chennai as nodal agency for co- ordination and for providing all necessary logistics for this purpose. Meanwhile considering the time requirement for coordinating with the authorities concerned for constitution of the Joint Committee and the subsequent meeting/ site inspection, additional time was sought from the Hon‟ble NGT. Accordingly, Hon‟ble Tribunal granted time and adjourned the matter to 24/12/2020.

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Constitution of the Joint Committee and its meeting :

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In compliance with the directions of the Hon‟ble NGT, as a nodal agency Regional Office of MoEF&CC at Chennai vide O.M. No. EP/12.7/NGT(SZ)/058/2020/ dated 11.11.2020 constituted a Joint Committee based on the Officers deputed / nominated from the Authorities concerned (Annexure-I) .

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In compliance with the Order dated 08/09/2020 of Hon‟ble NGT and in continuation to the Joint Committee Constitution vide O.M. dated 11.11.2020, the first meeting of the Joint Committee was convened through video conference on 02.12.2020. In the said meeting all the Joint Committee Members furnished below are participated.

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(i).

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Shri. N. Madhusudan, I.A.S, Additional Collector, Khammam District, Telangana.

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( i ).

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Shri. D. Krupanand, Joint Chief Environmental Engineer, Zonal Office, Telangana State Pollution Control Board, Hyderabad.

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( i i).

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Shri. P. Madhusudan Reddy, Dy. Director of Mines & Geology, Warangal, Department of Mines & Geology, Govt. of Telangana.

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(iv). Dr. M.T. Karuppiah, Scientist – E, MoEF&CC, Regional Office, Chennai.

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Terms of reference (TOR) to the Joint Committee:

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During the Joint Committee meeting, members discussed the facts, issues and prayers in the above case and the Terms of the Reference (ToR) to the Joint Committee referred therein the Order dated 08/09/2020 of Hon‟ble NGT. Hon‟ble Tribunal has directed the committee to go into the question as furnished under:

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(i). whether the safety as well as pollution control mechanisms provided are

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sufficient to meet the sound, air pollution that is likely to be caused on account of the operation of the 1^st respondent unit, the impact of such pollution on the residents of that locality,

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(ii). Whether there was any violation committed by the 1^st respondent in implementing the terms and conditions imposed in the environmental clearance granted and also the consent granted by the authorities,

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(iii). Whether the mine closure plan has been properly implemented by the 1^st respondent when the mining activity in one of the mines is closed or exhausted,

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(iv). Whether any excess mining has been done and if so, what is the quantity of the excess mining done.

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(v). To assess the environmental compensation regarding the damage caused to the environment apart from assessing environmental compensation for excess mining that is said to have been committed by them

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(vi). Whether any soil degradation has been caused on account of the activities of the 1^st respondent and its impact on agricultural activities in that area.

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(vii). To conduct the Ambient Air Quality and soil quality test and also test the sound level in that area, and if there is any violation found then, suggest as to what are all the remedial measures to be taken by the 1^st respondent to mitigate the same apart from payment of environmental compensation for the damage caused to the environment.

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(viii). Whether necessary green belt has been provided for the purpose of mitigating the air pollution and sound pollution by the first respondent unit.

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(ix). The vibration that is being caused while using explosives if any, while undertaking the mining operations and its impact on the residential area as well.

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Submissions of M/s the Singareni Colleries Company Ltd. to the Joint Committee:

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As consented by all the members of the Committee an opportunity was given to the Respondent No.1. M/s The Singareni Colleries Company Ltd. (SCCL) to present their submissions to the Joint Committee during the meeting held. Accordingly, Shri. Narasimha Rao, General Manager of SCCL has attended the meeting and made submissions on behalf of M/s The Singareni Colleries Company Ltd.

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During the deliberations M/s SCCL completely denied the averments referred therein the O.A. except the excess production achieved in the said coal mine.

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The respondent project authority (M/s SCCL) informed that they are regularly undertaking post project monitoring in respect of air quality, water quality and Noise level monitored through approved Govt. third party agency (M/s EPTRI, Hyderabad) and project authority claim that the monitored data show that the values are well within the limit.

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It was also informed that project authority has already installed online continuous Ambient Air Quality Monitoring Stations on their project area, which are connected to the servers of the Telangana Pollution Control

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Board as well as Central Pollution Control Board and the real time monitored data is available in public domain.

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Regarding excess production of Coal, Project authority admitted that they achieved excess production since there was a direction from the Telangana State Government to supply more Coal to Thermal Power Plants to meet the power requirement.

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In pursuant to the Notification dated 14^th March, 2017 of MoEF&CC, New Delhi relating to violation of the EIA Notification, 2006, M/s The Singareni Collieries Company Limited (project authority) submitted their proposal of Jalagam Vengal Rao Opencast - I Expansion Project for annual production from 2.50 to 5 MTPA in an area of 544.81 Ha. to MoEF&CC for Environmental Clearance. The Expert Appraisal Committee in its meeting held on 13-14 June, 2018 appraised the proposal. The Committee, after deliberations on the proposal in accordance with the provisions of the above said Notification, confirmed this case to be of violation of the EIA Notification, 2006 and issued Terms of Reference (ToR) vide letter No.23-77/2018-IA.(Ill) dated 8^th August, 2019 of MoEF&CC with the recommendations referred therein (Annexure- II) .

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In this regard, reportedly credible legal action has already been initiated by the Telangana State Pollution Control Board against the Singareni Colleries Company Ltd. before the Hon‟ble Court of Judicial First Class Magistrate, Sathupalli, Telangana through C.C. No. 1075 of 2020 and the matter is still pending before the Hon‟ble Court (Annexure-III) .

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Further, in accordance with one of the recommendations in the TOR letter No.23-77/2018-IA.(Ill) dated 8^th August, 2019, the project proponent needs to submit a bank guarantee equivalent to the amount of remediation plan and natural and community resource augmentation plan with the State PCB prior to the grant of EC. The bank guarantee shall be released after successful

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implementation of the Environmental Management Plan (EMP), followed by recommendations of the EAC and approval of the regulatory authority. The said TOR, also recommended for Assessment of ecological damage with respect to air, water, land and other environmental attributes. The collection and analysis of data shall be done by an environmental laboratory duly notified under the Environment (Protection) Act, 1986, or an environmental laboratory accredited by NABL, or a laboratory of a Council of Scientific and Industrial Research (CSIR) institution working in the field of environment. The Accredited Consultant M/s.EPTRI made a detailed presentation on salient features of the project before the Expert Appraisal Committee for the proposal involving violation of EIA Notification, 2006 held on 21^st -22^nd September, 2020 and the minutes of the same is placed as Annexure-IV . Accordingly, an amount of Rs. 26,67,00,000/- (rupees twenty six Crores and sixty seven lakhs) has been deposited to the TSPCB as bank guarantee towards remediation plan and natural and community resource augmentation plan based on the study undertaken and approved by the MoEF&CC. Copy of the acknowledgement issued in this regard by the TSPCB vide letter dated 08.08.2019 is enclosed an Annexure-V.

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During the deliberations, project authority informed that they are undertaking controlled blasting using nonel technique by following the guidelines issued by the Directorate General of Mine Safety (DGMS) and the ground level vibrations are being regularly monitored and the value are reportedly within the limit. Project authority suggested to verify this fact by the Joint Committee during their blasting operations.

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Project authority informed that necessary green belt has already been developed.

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Observation and proposed plan of Action of the Committee:

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3. Based on the deliberations held during the first meeting of the Joint Committee the following observations are made:

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The applicant in the O.A. has not produced any substantive evidence / documents / data in support of the alleged air, water and noise pollution except the photographs for the cracks on the house. First Respondent denying those alleged violations based on their monitored data / documents available with them.

¶339

It is not in dispute that the 1^st Respondent Company has achieved enhanced production of Coal than the sanctioned capacity and the violation has already been confirmed by the MoEF&CC. In this regard credible legal action has already been initiated by the Telangana State PCB through legal proceedings before the Hon‟ble Court of Judicial First Class Magistrate, Sathupalli, Telangana through C.C. No. 1075 of 2020 and the matter is under sub-judice.

¶340

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¶341

Project Authority has already applied for Environmental Clearance for the enhanced capacity from the MoEF&CC under violation category and the same is also under process. Further, the project authority, has also executed a bank guaranty of an amount of Rs. 26,67,00,000/- (rupees twenty six Crores and sixty seven lakhs) to the TSPCB towards remediation plan and natural and community resource augmentation plan, which is valid for 5 years.

¶342

Regarding the alleged violation of vibration that is being caused while using explosives during the blasting operations during the mining operations and its impact on the residential area has been discussed by the members. The applicant claims in the O.A. that the houses of the residents of NTR Colony is damaged due to the blasting operations of the 1^st Respondent project. But, the first respondent denying such alleged violation rather relied upon that they are practicing controlled blasting technique using none technique as approved by the Directorate General of Mine Safety and ground level vibrations are being monitored regularly and the monitored data is reportedly well within the limit. First Respondent also claim that NTR Colony is 670 m away from the disputed Coal Mine and in between these reportedly there are other residential Colonies and roads and no such compliant was received from those residents. In this regard Committee members unanimously suggested having an expert as a member from the Organization concerned such as Directorate General of Mine Safety (DGMS) and Roads and Buildings Department, Govt. of Telangana to assess the alleged violation. Similar suggestion was also made by the Committee already constituted by the District Collector based on the representation of the applicant. Accordingly, the Joint Committee suggested to appraise these facts before the Hon‟ble NGT through the nodal agency and request to pass appropriate Order for appointing additional members from the DGMS and Roads and Buildings Department, Govt. of Telangana as a member to the Joint Committee and grant additional time of 3 months to enable the Committee to submit the final report.

¶343

Hon‟ble NGT has directed the Committee to conduct the study on Ambient Air Quality, soil quality and also monitor the noise level in that area, and if there is any violation found then, suggest as to what are all the remedial measures to be taken by the 1^st respondent to mitigate the same apart from payment of environmental compensation for the damage caused to the environment. Hon‟ble Tribunal, also directed to assess the environmental compensation regarding the damage caused to the environment apart from assessing environmental compensation for excess mining that is said to have been committed by them.

¶344

In this regard, Environment Management Plan (EMP) for JVR OC-I Expansion Project has already been prepared and submitted to the MoEF&CC, based on the identification of overall impact due to mining activity during operation inter-alia

¶345

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¶346

including air, water, noise, soil, land environment and other relevant data. A copy of the relevant Chapter of Environment Management Plan made available by the project authority is enclosed as Annexure-VI . Accordingly, EMP comprising of remediation plan and natural and community resource augmentation plan corresponding to the ecological damage assessed and economic benefits derived due to violation has been submitted to the MoEF&CC.

¶347

Based on the study / assessment, Expert Appraisal Committee arrived an amount of Rs. 26,67,00,000/- (rupees twenty six Crores and sixty seven lakhs) towards remediation plan and natural and community resource augmentation plan and the same has already been deposited as bank guaranty. So the Joint Committee felt that undertaking the study of Ambient Air Quality and soil quality and also noise level monitoring in that area will be duplication of the work. However, Telangana State PCB has agreed to carry out the sampling and analysis of Ambient Air Quality, soil quality and also noise level monitoring, if the Hon‟ble NGT desires to do the same again. Also, the Joint Committee felt that arriving environmental compensation again for the same violation would lead to double jeopardy and thus the same will be decided based on the decision of the Hon‟ble NGT.

¶348

If Hon‟ble NGT desires to carry out fresh study, the Committee requested the member from the TSPCB to collect representative samples for air, water, soil quality study and noise level monitoring in the project area for getting factual information on the alleged violation. The JCE, TSPCB agreed upon and assured to take further necessary action regarding the sample collection and analysis through their Regional Office and laboratory at Warrangal.

¶349

Committee members proposed to undertake next meeting and site inspection of the area under question, after incorporating the members from DGMS and Road and Buildings Organization, Govt. of Telangana in

¶350

the Joint Committee with the leave of the Hon‟ble Tribunal. Accordingly, the following plan of action on the TOR has been proposed:

¶351

*Sl.* *No.*	*Terms of Reference to the* *Joint Committee*	*Action proposed*	*Remarks*
(i).	Whether the safety as well as pollution control mechanisms provided are sufficient to meet the sound, air pollution that is likely to be caused on account of the operation of the 1^st respondent unit, the impact of such pollution on the _residents of that locality. _	It will be ascertained based on the site inspection of the Joint Committee.

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¶353

(ii)	Whether there was any violation committed by the 1^st respondent in implementing the terms and conditions imposed in the environmental clearance granted and also the consent granted by the authorities,	Undisputedly Project authority has exceeded the production than the sanctioned capacity and thus violated the EC and Consent condition in respect of production. Compliance of other conditions will be ascertained based on the site inspection	In respect of excess production, credible legal action has already been initiated by the Telangana State PCB and the matter is under subjudice. Further, as approved by the MoEF&CC, Project Authority has executed a bank guaranty of an amount of Rs. 26,67,00,000/- (rupees twenty six Crores and sixty seven lakhs) to the TSPCB towards remediation plan and natural and community resource augmentation plan.
(iii)	Whether the mine closure plan has been properly implemented by the 1^st respondent when the mining activity in one of the mines is closed or exhausted.	It will be ascertained based on the site inspection of the Joint Committee.
(iv)	Whether any excess mining has been done and if so, what is the quantity of the excess mining done.	No dispute in this regard, since the fact was admitted by the first respondent.	Credible legal action has already been initiated by the Telangana State PCB and the matter is under subjudice.
(v)	To assess the environmental compensation regarding the damage caused to the environment apart from assessing enviro nmental compensation for excess mining that is said to have been committed by them.	It will be decided by the Committee based on the further direction of the Hon‟ble NGT.	Environmental Management Plan comprising of remediation plan and natural and community resource augmentation plan corresponding to the ecological damage assessed and economic

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¶355

benefits derived due to
violation has been
submitted to the
MoEF&CC. Based on the
study / assessment, Expert
Appraisal Committee
arrived an amount of Rs.
26,67,00,000/-
(rupees twenty six Crores
and sixty seven lakhs)
towards
remediation plan and
natural and community
resource augmentation plan
and the same has already
been deposited as bank
guaranty.
(vi) Whether any soil degradation It will be decided by the Committee Damage assessment has
has been caused on account based on the further direction of the already been carriedout and
of the activities of the 1 st Hon‟ble NGT. submitted to
respondent and its impact on MoEF&CC.
agricultural activities in that Committee has requested
area. the TSPCB to carryout soil analysis, if
required.
(vii) To conduct the Ambient Air It will be decided by the Committee
Quality and soil quality test based on the further direction of the
and also test the sound level Hon‟ble NGT.
in that area, and if there is
any violation found then, The Committee has requested
suggest as to what are all the Telangana State PCB to conduct
remedial measures to be representative sample collection and
taken by the 1 st respondent to analysis for Ambient Air, Water, Soil
mitigate the same apart from quality and noise level monitoring in
payment of environmental the area under question, if required
compensation for the damage based on the directions of the Tribunal.
caused to the environment.
(viii) Whether necessary green belt It will be ascertained based on the site
has been provided for the inspection of the Joint Committee.
purpose of mitigating the air
pollution and sound
pollution by the first
respondent unit.

¶356

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¶357

(ix) The vibration that is being Committee members
caused while using unanimously suggested
explosives if any, while having experts as a member
undertaking the mining from the Directorate
operations and its impact on General of Mines
the residential area
as well.
Safety and Roads and
Buildings Department, Govt. of
Telangana to assess the alleged
violation. Accordingly, it was
suggested to request the
Hon’ble Tribunal to pass
appropriate Order for appointing
additional members from the
DGMS and Roads and Buildings
Department as a member to the
Joint Committee and grant
additional time of 3 months to
enable the Committee to submit
final report.

¶358

Prayer :

¶359

In view of the facts and circumstances stated above, the Joint Committee prays that this Hon‟ble Tribunal may pleased to (i). appoint additional members from the Directorate General of Mines Safety and Roads and Buildings Department, Govt. of Telangana as a member to the Joint Committee as suggested above (ii). pass appropriate Orders for conducting requirement of repeated study on Ambient Air Quality, soil quality and also monitor the noise level in that area and arriving environmental compensation and (iii) grant additional time of 3 months to enable the Committee to submit the final report.”

¶360

28. This Tribunal had expanded the constitution of the committee by adding two more officials as stated above and posted the case to 26.03.2021. Thereafter, the matter has been adjourned from time to time either by successive notifications or at the request of the members of the Joint Committee.

¶361

29. The Joint Committee has filed the report dated 09.06.2021, e-filed on

¶362

10.06.2021 which reads as follows:-

¶363

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¶364

Report of the Joint Committee constituted in the O.A. No. 174 of 2020(SZ) in the matter of Banothu Nandu Nayak Vs Singareni Colleries Company Ltd. & Ors.

¶365

and

¶366

O.A. No. 20 of 2021(SZ) in the matter of Oggu Srinivas Reddy Vs Union of India & Ors before the Hon’ble National Green Tribunal, (SZ), Chennai.

¶367

1. Introduction :

¶368

The Hon’ble National Green Tribunal (NGT), Southern Zone (SZ), Chennai passed an Order dated 08.09.2020 in the O.A. No. 174 of 2020(SZ) in the matter of Banothu Nandu Nayak Vs Singareni Colleries Company Ltd. & Ors., wherein appointed a Joint Committee with the direction to inspect the area in question and submit factual report on the terms of reference (TOR) referred therein the Order. In the above matter, Hon’ble NGT appointed Ministry of Environment Forest and Climate Change, Regional Office, Chennai as nodal agency for co-ordination and for providing all necessary logistics for this purpose. In compliance with the directions of the Hon’ble NGT, nodal agency vide O.M. No. EP/12.7/NGT(SZ)/058/2020/ dated 11.11.2020 constituted a Joint Committee based on the Officers deputed / nominated from the Authorities concerned. The first meeting of the Joint Committee was convened through video conference on 02.12.2020 and based on the deliberations held an interim report of the Joint Committee was filed before the Hon’ble Tribunal with the prayer to (i). appoint additional members from the Directorate General of Mines Safety and Roads & Buildings Department, Govt. of Telangana as a member to the Joint Committee (ii). pass appropriate Orders for conducting requirement of repeated study on Ambient Air Quality, soil quality and also monitor the noise level in that area and arriving environmental compensation and (iii) grant additional time of 3 months to enable the Committee to submit the final report. Hon’ble Tribunal, after examining the matter accepted the request of the Committee and vide Order dated 21.01.2021 permitted to add additional members.

¶369

Meanwhile, based on the institution of a connected matter by another Applicant, an Order was passed by the Hon’ble NGT on 27/01/2021 in the O.A. No. 20 of 2021(SZ) in the matter of Oggu Srinivas Reddy Vs Union of India & Ors., wherein Hon’ble Tribunal directed to look into the issues as well and submit a consolidated report by the same Committee appointed in O.A. No.174/2020.

¶370

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¶371

2. Reconstitution of the Joint Committee :

¶372

In compliance with the directions of the Hon’ble NGT, as a nodal agency Regional Office of MoEF&CC at Chennai vide O.M. No. EP/12.7/NGT(SZ)/058/2020/065 dated 18.02.2021 re-constituted the Joint Committee comprising of the following members based on the Officers deputed / nominated from the Authorities concerned:

¶373

(i). Shri. N. Madhusudan, I.A.S, Additional Collector, Khammam District, Telangana.

¶374

(ii). Shri. D. Krupanand, Joint Chief Environmental Engineer, Zonal Office, Telangana State Pollution Control Board, Hyderabad.

¶375

(iii). Shri. P. Madhusudan Reddy, Dy. Director of Mines & Geology, Warangal, Department of Mines & Geology, Govt. of Telangana.

¶376

(iv). Shri. N. Balasubrahmanyam, Deputy Director of Mines Safety, Hyderabad Region No.1.

¶377

(v). Smt. M.B. Hemalatha, District (R&B) Officer, Sathupally Executive Engineer (R&B), Khammam District, Telangana.

¶378

(vi). Dr. M.T. Karuppiah, Scientist – E, MoEF&CC, Regional Office, Chennai – (Nodal Officer for the Joint Committee).

¶379

The above Committee constitution O.M. is placed as Annexure-I.

¶380

3. Terms of reference (TOR) to the Joint Committee:

¶381

Hon’ble Tribunal vide Order dated 08/09/2020 and 27/01/2021 has directed the Joint Committee to look into the Terms of the References (ToR) furnished as under:

¶382

(i). whether the safety as well as pollution control mechanisms provided are sufficient to meet the sound, air pollution that is likely to be caused on account of the operation of the 1^st respondent unit, the impact of such pollution on the residents of that locality,

¶383

(ii). Whether there was any violation committed by the 1^st respondent in implementing the terms and conditions imposed in the environmental clearance granted and also the consent granted by the authorities,

¶384

(iii). Whether the mine closure plan has been properly implemented by the 1^st respondent when the mining activity in one of the mines is closed or exhausted.

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¶386

(iv). Whether any excess mining has been done and if so, what is the quantity of the excess mining done.

¶387

(v). To assess the environmental compensation regarding the damage caused to the environment apart from assessing environmental compensation for excess mining that is said to have been committed by them.

¶388

(vi). Whether any soil degradation has been caused on account of the activities of the 1^st respondent and its impact on agricultural activities in that area.

¶389

(vii). To conduct the Ambient Air Quality and soil quality test and also test the sound level in that area, and if there is any violation found then, suggest as to what are all the remedial measures to be taken by the 1^st respondent to mitigate the same apart from payment of environmental compensation for the damage caused to the environment.

¶390

(viii). Whether necessary green belt has been provided for the purpose of mitigating the air pollution and sound pollution by the first respondent unit.

¶391

(ix). The vibration that is being caused while using explosives if any, while undertaking the mining operations and its impact on the residential area as well.

¶392

(x). Alleged non-compliance of the para 2(iv) of the Forestry clearance accorded vide proceedings No.8-56/204-FC dated 30.05.2017 under Forest Conservation Act, 1980.

¶393

(xi). Transport of coal through road by violating the condition stipulated in the Environmental Clearance (EC).

¶394

(xii). Alleged use of explosive substance for blasting without adopting scientific methods to avoid air and Noise pollution.

¶395

(xiii). Alleged damage caused to the nearby water body on account of large scale of dumping of coal.

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¶397

4. Background of the Project:

¶398

(i). Jalagam Vengal Rao Opencast-I Coal Mine (JVR -OC-I):

¶399

Ministry of Environment, Forest & Climate Change vide letter No.J11015/240/2003-IA.II(M) dated 16/9/2004 granted environmental clearance for Sathupally Opencast Project-I of M/s Singareni Collieries Company Ltd. for production of coal at a rated capacity of 0.7 MTPA in ML area of 410.58 Ha. Subsequently the project was renamed as Jalagam Vengal Rao Opencast-I Coal Mining project. MoEF&CC vide letter No. J-11015/301/2007-IA.II(M) dated 17/7/2007 granted environmental clearance for the Jalagam Vengal Rao Opencast-I Coal Mine project (expansion in rated capacity from 0.70 MTPA to 2.0 MTPA with a peak production of 2.50 MTPA and increase in lease area from 410.58 ha to 547.08 ha) of M/s Singareni Collieries Company Ltd., located in Village Ayyagaripeta, Mandal Sathupalli, District Khammam, Andhra Pradesh (Presently in the State of Telangana), subject to the implementation of environmental conditions and safeguards contained therein. Total land requirement for the project is 547.08 Ha., out of this 380.52 Ha is forest land. Requisite Clearances have been obtained for diversion of Forest land having an extent of 244.02 Ha. and 135.05 Ha. vide Letter Nos. 8-129/2003-FC dated 02/02/2005 and Letter No. 8-56/2008-FC dated 03/07/2012 of MoEF&CC. According to the EC, R&R involves within the blasting zone comprising one village (Vengal Rao Nagar) with 335 PAFs. However, project authority informed that by using NONELs blasting technology, blasting operations were performed safely and the village was not evacuated. NOC has been obtained in the ground water angle from the State Ground Water Department vide letter No. 13019/Hg.II (1)/06 dated 06/07/2007. PA obtained CFE from the State PCB vide Order No. 35/PCB/CFE/RO-KGM/HO/2007 dated 27/09/2007. CFO has been obtained from the State PCB and renewed regularly. Mining plan renewal has been obtained from the MoC vide letter dated 21.05.2007. Reportedly commenced the project activity of JVR-OC-I on 03.06.2005 and JVR OC-I Expansion Project in the year 2007 after obtaining the requisite statutory clearances. The mining activities of JVR-OC-I Project was reportedly completed on 31.08.2020, since the coal reserves are exhausted.

¶400

(ii). Jalagam Vengal Rao Opencast-II Coal Mine (JVR-OC-II Project):

¶401

Ministry of Environment, Forest & Climate Change vide letter No. J- 11015/268/2007-IA.II(M) dated 28/03/2010 granted environmental clearance for Jalagam Vengal Rao Opencast Project -II (4 MTPA Normative and 5 MTPA peak) in a project area of 1409.81 Ha.) of M/s Singareni Collieries Company Ltd., located in Village Kommepalli, Mandal Sathupalli, District Khammam,

¶402

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¶403

Andhra Pradesh (Presently in the State of Telangana), subject to the implementation of environmental conditions and safeguards contained therein. As per project authority, the life of the Mine is 53 years (2020-2021). As informed by the Project Authority, total forest land requirement for the project is 788.22 Ha. Requisite approval has been obtained from MoEF&CC vide letter dated 31/5/2017 for diversion of 776.20 ha of Forest land. Further 12.02 ha of FC land pertains to the JVR OC-I also included in this project. Project involves R&R and implementation of R&R plan has been initiated and is in progress. Reportedly, R&R Package of one village i.e., Kommepalli village was implemented. Accordingly, 229 PAFs have been relocated in the R&R colony identified at Ayygaripeta Village, Sathupalli Tehsil, Khammam District. NOC has been obtained in the ground water angle from the State Ground Water Department vide Memo No.4693/Hg.II(2)/2008 dated 01/11/2008. PA obtained CFE from the State PCB vide Order No. 5/PCB/CFE/RO-KGM/HO/2015/570 dated 26/6/2015. CFO has been obtained from the State PCB vide Order No.170421033095 dated 03/01/2018 which is valid till 31/10/2022. Initially, Mining plan renewal was obtained from the Ministry of Coal vide letter dated 16/3/2010. Subsequently, an approval of Mining Plan including mine closure plan of JVR OC-I was obtained from Ministry of Coal on 17.11.2014. Reportedly, commenced the project activity of JVR OC-II on 01/09/2017 after obtaining requisite statutory clearances. It has been mentioned in the approved mining closure plan that the voids of JVR OC-I Expansion will be filled with OB from JVR OC-II Expansion. The mining operation of this project is in progress during the visit.

¶404

(iii). Jalagam Vengal Rao Opencast - I Expansion Project:

¶405

The project authority has exceeded the production capacity since 2007-2008 in the existing JVR-OC-I expansion project beyond the capacity sanctioned (i.e. 2.0 MTPA (2.5 MTPA Peak)) in the EC letter dated 27.07.2007 and thus violated the EIA Notification. Considering the violations committed by the project authority, in pursuant to the Notification dated 14^th March, 2017 of MoEF&CC, New Delhi relating to violation of the EIA Notification, 2006, M/s SCCL submitted application for the EC for proposed expansion of the project from 2.50 MTPA to 5.00 MTPA in an area of 544.81 Ha. with the same name under violation category. Reportedly the proposal was deliberated in the meeting of EAC for the violation of EIA Notification, 2006, held on 13^th -14^th June, 2018 for issue of ToR. Accordingl, MoEF&CC issued Terms of Reference vide letter No. 23-77/2018-IA (III) dated 08.08.2019 for the proposed expansion of JalagamVengal Rao Opencast-I Expansion Project. Subsequently, Public hearing was conducted on 14^th February, 2020. The EAC after detailed deliberation on

¶406

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¶407

the information submitted by the project proponent and as presented, initially deferred the project for want of information. Based on the additional information submitted by the project proponent as sought by the EAC, the proposal was considered in the 36^th EAC meeting held on 22.09.2020 and after detailed deliberation, the EAC recommended the proposal for grant of Environmental Clearance. Accordingly, MoEF&CC vide letter No. 23-77/2018IA(III) dated 01.02.2021 granted environmental clearance for JVR OC-I Expansion project for enhanced coal production from 2.5 MTPA to 5 MTPA under violation category. A copy of the said EC letter dated 01.02.2021 is enclosed as Annexure-II .

¶408

(iv). Proposal for the amalgamation of JVR-OC-I expansion & JVR-OCII mines :

¶409

Project authority vide their application dated 28.09.2020 submitted their proposal to MoEF&CC for seeking environmental clearance for amalgamation of JVR-OC-I expansion & JVR-OC-II mines (Proposal no: IA/TG/CMIN/96178/2019) in the name of "Jalagam Vengala Rao Openacast Mine (I&II Expansion)''. It appears that the proposal yet to be appraised by the MoEF&CC.

¶410

5. Meeting of the Joint Committee and site inspection:

¶411

In continuation to the first meeting of the Joint Committee, second meeting of the Committee was held on 25/03/2021 at Project Office of Jalagam Vengala Rao Opencast Mine, Sathupalli Mandal, Khammam District, Telangana. As directed by the Hon’ble NGT, prior Notice was given by the nodal agency vide letter No.EP/12.7/NGT(SZ)/058/2020 dated 18/03/2021 to the Counsel appearing for the applicants informing the schedule of inspection to enable them be present and assist the committee on the alleged environmental issues. The applicants along with their nominated Counsel (Shri. Narasimha Rao & Satyasadhan appeared and took part in the Joint Committee meeting and site inspection held on 25.03.2021. As consented by all the members of the Committee an opportunity was also given to the Respondent No.1. M/s The Singareni Colleries Company Ltd. (SCCL) to present their submissions to the Joint Committee during the first and second meetings of the Committee. Accordingly, Shri. Narasimha Rao, General Manager of SCCL has attended the meeting and made submissions on behalf of M/s The Singareni Colleries Company Ltd. During the meeting, all the members of the Joint Committee were present.

¶412

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¶413

6. Submissions of the Applicant to the O.A. No. 174 of 2020 and other residents before the Joint Committee:

¶414

(i). The Applicant claimed that the damage of the houses are caused due to the unregulated blasting operations undertaken by the Project authority for their mining operation and thus demanded for compensation of the damaged houses in the NTR Nagar. Further, he informed that the cracks on the buildings were developed around 6 years back when the vibration was higher. He also informed that presently, the vibration level is comparatively less. He has submitted the photographs of the damaged houses. He has also produced copy of various representations submitted to the District revenue authorities and project authority in the past ten years.

¶415

(ii). He demanded free medical treatment for the residents nearby the mining area in the SCCL hospital.

¶416

(iii). Demanded drinking water supply to the village people by installing RO plants, since there is water scarcity.

¶417

(iv). Demanded the employment opportunity in the SCCL for the poor local residents nearby the Mining area.

¶418

(v). Another person Mr. Baskara Reddy from the Rejarla village requested for the lift irrigation system linking the New NTR Cannal to Jeropalli tank to resolve the water scarcity in the area.

¶419

(vi). During the visit some of the residents from the Vengal Rao Nagar also reported that the houses in their village also damaged due to mining operations and demanded to visit their residences. The Committee informed them that their grievance will be informed to the Hon’ble Tribunal. The Committee has not visited other nearby villages restricting the TOR issued by the Tribunal and also the anticipated law and Order problems associated in that area.

¶420

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¶421

7. Submissions of the Applicant & the Counsel to the O.A. No. 20 of 2021 before the Joint Committee:

¶422

(i). The applicant and the nominated Counsel were present and informed that Project authority violated the specific condition no. 2(A).(viii) of the environment clearance letter dated 28.03.2010 and continuing the transport of coal through road instead of conveyor belt and railway siding without complying the condition of the Environmental Clearance (EC) and thus in accordance with para 4 of the EC letter the said EC is liable to be cancelled as the said Clearance has clearly stated failure to comply with any of the conditions will result in withdrawal of clearance.

¶423

(ii). It was informed that the Forestry clearance was accorded vide proceedings No.8-56/204-FC dated 30.05.2017 under Forest Conservation Act, 1980 for this OC-II project, wherein the para 2(iv), it was stated that project Authority has to obtain Environmental Clearance before commencing the mining. No such Environmental Clearance is obtained by Project Authority and only on the basis of 30.05.2017 proceedings required under Forest Conservation Act and as such the said Forest Clearance is also liable to be cancelled.

¶424

(iii). Also alleged that the JVR-OC project activity is causing severe air, water pollution and unbearable vibrations apart from the above allegations.

¶425

8. Submissions of M/s the Singareni Colleries Company Ltd. to the Joint Committee:

¶426

As consented by all the members of the Joint Committee an opportunity was given to the Respondent project authority (M/s The Singareni Colleries Company Ltd. (SCCL)) to present their submissions to the Joint Committee during the meeting held. Accordingly, Shri. Narasimha Rao, General Manager of SCCL has attended the meeting and made submissions on behalf of M/s The Singareni Colleries Company Ltd. During the deliberation M/s SCCL completely denied the averments referred therein the O.A. except the excess production achieved in the said coal mine.

¶427

(i). The respondent project authority (M/s SCCL) informed that they are regularly undertaking post project monitoring in respect of air quality, water quality and Noise level monitored through approved Govt. third

¶428

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¶429

party agency (M/s EPTRI, Hyderabad) and project authority claim that the monitored data show that the values are well within the limit.

¶430

(ii). It was also informed that project authority has already installed online continuous Ambient Air Quality Monitoring Station on their project area, which is connected to the servers of the Telangana Pollution Control Board as well as Central Pollution Control Board and the real time monitored data is available in public domain.

¶431

(iii). Regarding excess production of Coal, Project authority admitted that they achieved excess production, since there was a direction from the Telangana State Government to supply more Coal to Thermal Power Plants to meet the power requirement.

¶432

(iv). In pursuant to the Notification dated 14^th March, 2017 of MoEF&CC, New Delhi relating to violation of the EIA Notification, 2006, M/s The Singareni Collieries Company Limited (Respondent project authority) submitted their proposal of Jalagam Vengal Rao Opencast - I Expansion Project for annual production from 2.50 to 5 MTPA in an area of 544.81 Ha. to MoEF&CC for Environmental Clearance. The Expert Appraisal Committee in its meeting held on 13-14 June, 2018 appraised the proposal. After deliberations, the Expert Appraisal Committee, confirmed this case to be of violation of the EIA Notification, 2006 and issued Terms of Reference (ToR) vide letter No.23-77/2018-IA.(Ill) dated 8^th August, 2019 of MoEF&CC with the recommendations referred therein.

¶433

(v). In this regard, reportedly credible legal action has already been initiated by the Telangana State Pollution Control Board against the Singareni Colleries Company Ltd. before the Hon’ble Court of Judicial First Class Magistrate, Sathupalli, Telangana through C.C. No. 1075 of 2020 and the matter is still pending before the Hon’ble Court (Annexure-III) .

¶434

(vi). Further, in accordance with one of the recommendations in the TOR letter No.23-77/2018-IA.(Ill) dated 8^th August, 2019, the project proponent needs to submit a bank guarantee equivalent to the amount of remediation plan and natural and community resource augmentation plan with the State PCB prior to the grant of EC. The bank guarantee shall be released after successful implementation of the Environmental Management Plan (EMP). The said TOR, also recommended for Assessment of ecological damage with respect to air, water, land and

¶435

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¶436

other environmental attributes. The collection and analysis of data shall be done by an environmental laboratory duly notified under the Environment (Protection) Act, 1986, or an environmental laboratory accredited by NABL, or a laboratory of a Council of Scientific and Industrial Research (CSIR) institution working in the field of environment. The Accredited Consultant M/s.EPTRI made a detailed presentation on salient features of the project before the Expert Appraisal Committee for the proposal involving violation of EIA Notification, 2006 held on 21^st -22^nd September, 2020. Based on the recommendation of the EAC, MoEF &CC vide letter No. 23-77/2018-IA(III) dated 01.02.2021 accorded environmental clearance for JVR OC-I Expansion project for enhanced coal production from 2.5 MTPA to 5 MTPA under violation category. In this regard, an amount of Rs. 26,67,00,000/- (rupees twenty six crores and sixty seven lakhs) has been deposited to the TSPCB as bank guarantee towards implementation of remediation plan and natural and community resource augmentation plan based on the study undertaken and approved by the MoEF&CC. Copy of the acknowledgement issued in this regard by the TSPCB vide letter dated 08.08.2019 is enclosed as an Annexure-IV.

¶437

(vii). During the deliberations, project authority informed that they are undertaking controlled blasting using nonel technique by following the guidelines issued by the Directorate General of Mine Safety (DGMS) and the ground level vibrations are being regularly monitored and the value are reportedly within the limit.

¶438

(viii). Project authority informed that necessary green belt has already been developed.

¶439

(ix). Further, project authority made a written submission along with photographs to the Committee that one of the applicants Shri. Banoth Nandu Nayak in association with Shri. Balusupati Dhaneswar Rao alias Karuna Theja of Rejarla Village instigating the residents of BC Colony, Rejarla Village, Sathupalli Mandal to stop work by squatting on the haul road and erecting tents to organize Dharnas from 20.03.2021 onwards with the demand of shifting of their houses and provide alternate site for families though they are not eligible for any compensation under land acquisition or any R&R packages as per the Land Acquisition, Rehabilitation and Resettlement Act. As the Mining operation are stopped due to the illegal Dharna by the residents of BC Colony, Rejarla Village,

¶440

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¶441

the same was brought to the notice of police authorities by the SCCL for necessary intervention to solve the problem and for eviction in order to continue mining operation as there is loss of production. The supporting evidence of the photographs made available by the project authority is placed as Annexure-V .

¶442

9. Observation of the Joint Committee:

¶443

Based on the deliberations held during the first and second meeting of the Joint Committee and the site inspection of the area under question, the observations of the Joint Committee on the TORs are furnished under:

¶444

(i). whether the safety as well as pollution control mechanisms provided are sufficient to meet the noise, air pollution that is likely to be caused on account of the operation of the 1^st respondent unit, the impact of such pollution on the residents of that locality:

¶445

(a). The applicants to the O.As. have not produced any substantive evidence / documents / data in support of the alleged air, water and noise pollution except the photographs for the cracks on the houses. First Respondent project authority denying those allegations based on their monitored data / documents.

¶446

(b). During the visit it has been observed that the Project authority is following safety protocols. Personal protective equipments have been provided to the workmen and are in use. Controlled blasting is being carried out in day time by using shock tube (NoNEL) technology designed to control the ground vibration and to arrest the fly rocks and boulders. The vibrations are being monitored as per DGMS guidelines.

¶447

(c). As stipulated wet drill operation is in practice in order to control the air pollution. Water spraying arrangement on haul roads, wagon loading and dump track (loading & unloading) points have been provided. As informed regular tuning of vehicles is in practice and vehicular emissions are being monitored. The vehicles, where the exhaust emissions have exceeded the stipulated norms are subjected to further maintenance. Coal transport lorries are optimally loaded and covered with tarpaulin. Greenbelt development has also been made.

¶448

(d). Further, seven ambient air quality monitoring stations (core zone 3 nos. and 4 nos. in buffer zone) were established and monitoring is being

¶449

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¶450

carried out once in every fortnight through MoEF&CC approved third party laboratory (M/s EPTRI) for the parameters of PM10, PM2.5, SO2 and NOx. Monitoring of heavy metals such as Hg, As, Ni, Cd, Cr is being done once in six months through MoEF&CC approved third party laboratory. Monitored data by the third party as well as State PCB is placed as Annexure – VI . One continuous online AAQ monitoring Station has been installed in this project area and the same is linked to the server of the TSPCB. The monitored data show that the values are within the limit. In order to ascertain the allegations, Telangana State PCB monitored the Ambient Air Quality & noise level and also carried out water & soil analysis in the project area during the month of December, 2020 and the monitored data show that the values are within the limit and thus the Joint Committee found that the said allegations regarding noise & air pollution and its impact on the residents of that locality is devoid of merits.

¶451

(ii). Whether there was any violation committed by the 1^st respondent in implementing the terms and conditions imposed in the environmental clearance granted and also the consent granted by the authorities:

¶452

(a). Though the Respondent project authority complied with most of the EC and Consent conditions, undisputedly the Respondent Project authority (SCCL) has exceeded the production capacity of Coal than the sanctioned capacity and thus violated the EC and Consent conditions in respect of JVR OC-I project. Calendar plan including excavation, quantum of coal has not been complied with as stipulated. In respect of excess production, credible legal action has already been initiated by the Telangana State PCB through legal proceedings before the Hon’ble Court of Judicial First Class Magistrate, Sathupalli, Telangana through C.C. No. 1075 of 2020 and the matter is under sub-judice. Project Authority has already applied for Environmental Clearance for the enhanced capacity from the MoEF&CC under violation category and EC was obtained vide letter No. 23-77/2018-IA(III) dated 01.02.2021. Further, as approved by the MoEF&CC, the project authority, has also executed a bank guaranty of an amount of Rs. 26,67,00,000/(rupees twenty six crores and sixty seven lakhs) to the TSPCB towards implementation of remediation plan and natural and community resource augmentation plan, which needs to be implemented within 3 years.

¶453

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¶454

(b). Applicant in the O.A. No. 20 of 2021 alleged that the project authority is not complied with the specific condition No. 2.A.(viii) of EC letter dated 28.03.2010 and the Coal transportation is being carried by Road instead of conveyor belt and railway siding. SCCL vide letter No. CRP/ENV/A/405/568 dated 16/8/2013 requested the MoEF&CC to modify the condition of Coal transport through rail and permit to transport coal by road to the linked customers till the railway line is completed. The said proposal was considered by the EAC held in the meeting held on 14.08.2014 and recommended for amendment that “the railway line should come into operation within a period of three years and until that time the coal may be transported by road with mechanically covered trucks”. However, no letter has been issued by the MoEF&CC in this regard except minutes of the meeting.

¶455

(c). Considering the delay in completion of the railway line, project authority again vide letter No. CRP/ENV/A/405/665 dated 19.12.2018 sought amendment in the specific condition No. 2.A.(viii) of EC letter dated 28.03.2010. Accordingly, MoEF&CC vide letter No.J-11015/268/2007IA.II(M) dated 19/04/2021 amended the specific condition in the EC and permission has been accorded to transport the coal by road with covered tarpaulin only up to 31.12.2021 ( Annexure-VII) . Presently the Coal transportation is being carried out through road. As of now the project authority has obtained permission for transport of the coal by road till 31.12.2021.

¶456

(iii). Whether the mine closure plan has been properly implemented by the 1^st respondent when the mining activity in one of the mines is closed or exhausted:

¶457

(a). It is submitted that for Coal mining projects, Mining plan and Mine Closure Plan is being appraised and accorded by the Ministry of Coal. Mining plan renewal has been obtained from the MoC vide letter dated 21.05.2007. MoEF&CC vide letter No. J-11015/301/2007-IA.II(M) dated 17/7/2007 granted environmental clearance for the Jalagam Vengal Rao Opencast-I Coal Mine project (expansion in rated capacity from 0.70 MTPA to 2.0 MTPA with a peak production of 2.50 MTPA and increase in lease area from 410.58 ha to 547.08 ha). Reportedly commenced the project activity of JVR-OC-I on 03.06.2005 and JVR OC-I Expansion Project in the year 2007. The mining activities for the JVR-OC-I expansion Project was reportedly completed on 31.08.2020, since the

¶458

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¶459

coal reserves are exhausted. On completion of the mining activity, the project authority should have implemented the final mine closure plan as approved. However, meanwhile the mining plan (1^st Revision) including Mine Closure Plan of Jalagam Vengal Rao Opencast (I&II) Expansion was approved by Ministry of Coal, vide letter No. PCA-38011/12/2017-PCA dated 29.03.2019. The project authority should have got an amendment in the EC from the MoEF&CC in respect of final mine closure plan to the JVR OC I Expansion Project, since the approved Mining Plan for JVR-OCII envisaged to utilize the voids of JVR OC I Expansion Project for dumping of overburden from JVR OC II Project in order to conserve the land.

¶460

(b). It is submitted that 165.085 M.CuM of over burden removed till 2020-21. Out of which 38.485 M.CuM of OB dumped in external dump yard within the leased area of JVR OC-I Expansion Project spread over an area of 130.39 ha, and 126.60 M.CUM was dumped in the internal dump spread over an area of 182.38 ha, in the leased area to a height of 90 meters and 60 meters respectively from the surface RL with approved gradient and 3 decks each having a height of 30 m.

¶461

(c).

¶462

Internal dumping in de-coaled area has been started since 2010 and presently spread over an area of 182.38 ha, out of which 24.0 ha is biologically stabilized. The backfilling is systematically progressing from northwest to south east direction of the ML area. On external dump plantation was done in 30 m, 60 m & 90 m decks slope and on the top of dump and being maintained properly. Plantation has been carried out around 322.90 ha as per the approved mining plan and mining closure plan, which comprises on the external dumps and in the vacant areas inside the lease area. The view of plantation carried out on the external dumps and the toe wall constructed is shown below.

¶463

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¶464

(d). The Committee observed that Respondent project authority is implemented the progressive mine closure activities and reclamation of mined area as per the approved Mining Plan. Project authority has deposited Rs. 41.9107 Crores in the ESCROW Account in connection with the JVR OC-I mine closure activities. The amount should have been claimed on implementation of the said mine closure activities. However, project authority so far has not claimed the said amount deposited in the ESCROW Account, after completing the thirdparty audit . The said amount shall not be transferred to the amalgamated project of JVR-OC-I and JVR-OC-II in order to ensure effective implementation.

¶465

(e). It is pertinent to mention here that Ministry of Coal vide letter No. PCA38011/12/2017-PCA dated 29.03.2019 approved the Mining plan including Mine Closure Plan of Jalagam Vengal Rao Opencast (I&II)

¶466

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¶467

Expansion projects in an integrated manner and MoEF&CC vide letter No.23-77/2018-IA(III) dated 01.02.2021 granted environmental clearance for JVR OC-I Expansion project for enhanced coal production from 2.5 MTPA to 5 MTPA under violation category. Considering the above facts, the Joint Committee observed that the implementation of final Mine Closure plan does not arise now to JVR-OC-I Expansion project . Further, if the Hon’ble Tribunal desired to get more clarification on the issues of implementation of final mine closure plan, the details may be obtained from the Ministry of Coal by impleading as Respondent in the above O.As.

¶468

(iv). Whether any excess mining has been done and if so, what is the quantity of the excess mining done.

¶469

The Respondent project authority undisputedly has exceeded the production capacity in the JVR OC-I Expansion than the rated capacity stipulated in the EC and Consent. Calendar plan including excavation, quantum of coal has not been complied with as stipulated, The details of the excess production achieved are furnished below:

¶470

	Coal (MT	PA)	OB (M.Cu.	M)
Year	EC Capacity	Actual	As per EMP/MP	Actual
2007-2008	2.50	1.917	6.940	5.408
2008-2009	2.50	2.679	14.510	12.183
2009-2010	2.50	3.573	7.450	13.143
2010-2011	2.50	3.529	3.550	9.638
2011-2012	2.50	4.135	5.870	8.947
2012-2013	2.50	3.963	9.920	5.222
2013-2014	2.50	4.898	8.610	12.288
2014-2015	2.50	4.500	8.500	10.224
2015-2016	2.50	4.545	10.750	22.768
2016-2017	2.50	5.219	10.800	18.921
2017-2018	2.50	4.955	10.900	14.380
2018-2019	2.50	4.710	10.950	13.934
2019-2020	2.50	3.815	11.180	7.845

¶471

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¶472

(v). To assess the environmental compensation regarding the damage caused to the environment apart from assessing environmental compensation for excess mining that is said to have been committed by them.

¶473

(a). Hon’ble NGT has directed the Committee to conduct the study on Ambient Air Quality, soil quality and also monitor the noise level in that area, and if there is any violation found then, suggest as to what are all the remedial measures to be taken by the 1^st respondent to mitigate the same apart from payment of environmental compensation for the damage caused to the environment. Hon’ble Tribunal, also directed to assess the environmental compensation regarding the damage caused to the environment apart from assessing environmental compensation for excess mining that is said to have been committed by them.

¶474

(b). In this regard, Environment Management Plan (EMP) for JVR OC-I Expansion Project has already been prepared and submitted to the MoEF&CC, based on the identification of overall impact due to mining activity during operation phase inter-alia including air, water, noise, soil, land environment and other relevant data. A copy of the relevant Chapter of Environment Management Plan made available by the project authority is enclosed as Annexure-VIII . Accordingly, EMP comprising of remediation plan and natural and community resource augmentation plan corresponding to the ecological damage assessed and economic benefits derived due to the violation committed has been submitted to the MoEF&CC.

¶475

(c). Based on the study / assessment, Expert Appraisal Committee arrived an amount of Rs. 26,67,00,000/- (rupees twenty six Crores and sixty seven lakhs) towards implementation of remediation plan and natural and community resource augmentation plan and the same has already been deposited as bank guaranty. So the Joint Committee felt that undertaking the study of Ambient Air Quality and soil quality and also noise level monitoring again in that area will be duplication of the work. However, Telangana State PCB has carried out the sampling and analysis of Ambient Air Quality, soil quality and also noise level monitoring in the month of December, 2020. Monitored data show that the values are found to be within the limit. Also, the Joint Committee felt that arriving environmental compensation again for the same violation would lead to double jeopardy and thus the same was submitted before the Hon’ble NGT through the

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¶477

interim report filed. In the said interim report, it was also prayed for further directions from the Hon’ble Tribunal regarding the requirement of arriving environmental compensation again. The Committee has not arrived environmental compensation considering the above facts and also as there is no any further directions for arriving environmental compensation in the subsequent Order dated 21.01.2021 of the Hon’ble Tribunal.

¶478

(vi). Whether any soil degradation has been caused on account of the activities of the 1^st respondent and its impact on agricultural activities in that area.

¶479

Perusal of the analytical data of the soil samples analysed by the thrird party laboratory and also the TSPCB does not show any soil degradation and thus there may not be any impact on the agricultural activities in that area.

¶480

(vii). To conduct the Ambient Air Quality and soil quality test and also test the Noise level in that area, and if there is any violation found then, suggest as to what are all the remedial measures to be taken by the 1^st respondent to mitigate the same apart from payment of environmental compensation for the damage caused to the environment.

¶481

Environment Management Plan (EMP) for JVR OC-I Expansion Project has already been prepared based on the identification of overall impact due to mining activity during operation phase inter-alia including air, water, noise, soil, land environment, which comprising of remediation plan and natural and community resource augmentation plan corresponding to the ecological damage assessed and economic benefits derived due to the violation committed and the same was submitted to the MoEF&CC. Based on the study / assessment, Expert Appraisal Committee arrived an amount of Rs. 26,67,00,000/- (rupees twenty six Crores and sixty seven lakhs) towards implementation of remediation plan and natural and community resource augmentation plan and the same has already been deposited as bank guaranty to the TSPCB.

¶482

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¶483

(viii). Whether necessary green belt has been provided for the purpose of mitigating the air pollution and sound pollution by the first respondent unit.

¶484

Plantation with native species is being carried out by the Forestry wing of SCCL. Reportedly the density of tree is being followed as 2500 plants per Ha. As informed the area where the plantation activities undertaken are furnished as under:

¶485

*Description*	*Area in Ha.*
External Dump Yard	115.00
Internal Dump Yard	31.00
Vacant Land within Mining Lease Area	35.50
Avenue Plantation	9.40
Gap plantation between Mine Boundary and Road.	80.00
Safety Zone Area	52.00
Total:	322.90

¶486

Reportedly incurred around Rs. 1.0 crore towards green belt development. In

¶487

general plantation activities undertaken and its survival rate is good.

¶488

Google image showing the afforestation carried out at the eastern side of the mine includes NTR colony and Jeenugupalli Village.

¶489

Google image showing the afforestation carried out near Sathupalli – Khammam PWD road.

¶490

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¶491

(ix). The vibration that is being caused while using explosives if any, while undertaking the mining operations and its impact on the residential area as well.

¶492

(a). Regarding alleged violation of vibration that is being caused while using explosives during the blasting operations during the mining operations and its impact on the residential area has been discussed by the Committee. The applicant claims that the houses of the residents of NTR Colony is damaged due to the blasting operations of the 1^st Respondent project. But, the first respondent Company denied the allegation rather relied upon the fact that they are practicing controlled blasting technique using nonel technique as approved by the Directorate General of Mine Safety and ground level vibrations are being monitored regularly and the monitored data is reportedly well within the limit. First Respondent Company also claims that NTR Colony is 670 m away from the disputed opencast coal Mine and in between these there are other residential Colonies and roads exist. No such compliant was received from those residents. However, during the site inspection other residents from the villages Jalagam Vengal Rao Nagar also made the allegation regarding the damage of their houses.

¶493

(b). Based on the records made available, it has been observed that initially statutory permission was obtained from the DGMS vide letter No. H1/Satttupalli OCP-I//perm/2005/1830 dated 29.09.2005 to work mechanized opencast coal mine using heavy earth moving machinery and adopting deep hole blasting under Regulations 98(1) & 98(3) of the Coal Mines Regulations, 1957. Further, permission under Regulations 170(1A) & (1B) of the Coal Mines Regulations, 1957 was granted by the Directorate General of Mines Safety vide letter No.H1/JVR OCP-I/Perm/2006/1543 dated 21.08.2006 for carrying out controlled blasting operations within 300m and upto 125m of the Jalagam Vengala Rao Nagar and Market Yard. Also, permission was granted to conduct controlled deep hole blasting within 500m and upto 100m of Junugupalli Village, Hanuman Temple, Tomb, Vijayawada PWD Road etc. vide letter No.H1/1191131339/JVR OC/Perm107(1B)/2015/2445 dated 15.09.2015 of Directorate General of Mines Safety.

¶494

(c). Blast induced vibrations were monitored in presence of the Committee members, project authority, applicants & their nominated counsels and other nearby residents. Accordingly, on the day of site inspection

¶495

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¶496

(25.03.2021) one deep hole blasting was conducted at 859.9 RL OB bench of the mine at about 16.38Hrs. The blast hole parameters were as follows:

¶497

Blast Hole Parameters Burden: 5m Sapacing: 6m Average depth of holes: 6.0m Total no. of holes: 55 Avg. length Stemming column: 4m Maximum Charge per Delay: 45Kg Total Charge : 2500Kg.

¶498

(d). The blasting effects in terms of blast induced vibrations, PPV(in mm/s) and Air-over pressure (in dBL) are monitored by following the protocols and deploying Seismographs–Minimate. The details are furnished under:

¶499

Parameter	Minimate	Locations
	MonitoringStation	MonitoringStation
	Government School, NTR Nagar Colony	300 from Blast face
Distance from structures to minimate(m)	10	2465
Distance from Blast site to structures(m)	2765	2765
Maximum PPV(mm/s) permitted	5	5
PPV observed(mm/sec)	Not Triggered	5.751
Noise level(dBL)	Not Triggered	111.2

¶500

The monitoring of blasting produced no vibration at the NTR Nagar, which was situated beyond 500m of the blasting site of the mine.

¶501

(e). The Regulation 196 of the coal Mines Regulations, 2017, mandates to obtain permission from the Directorate General of Mines Safety to conduct deep hole blasting operations within 500m of the surface structures not belonging to the Owner. From the verification of records and study of plans revealed that the minimum distance from NTR Nagar to the mine workings was 2970m in the year 2005. In the year 2016 it reached upto 649m. In this case the NTR Nagar is situated beyond 500m at any point of time and thus not attracted the above statutory restrictions of the Coal Mines Regulations, 2017. Previous monitored data show that most of the monitoring of blast induced vibrations was carried out at Hanuman Temple which is located in different direction from the NTR Nagar. Further, no blast induced vibrations were monitored in any of the houses of NTR Nagar. Part of the blasting records for the years 2016 and 2017 is not available with

¶502

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¶503

the project authority and thus it could not be ascertained the effect of blast induced vibrations on the dwellings of the NTR Nagar during that period.

¶504

(f). After the aforementioned monitoring of blast induced vibrations, the Committee along with the applicants and other residents randomly inspected 13 houses of the NTR Nagar Colony comprising of different streets to ascertain the alleged damage of the houses. The details and the observations are furnished as under:

¶505

Sl. No.	Name of the resident & House No. as informed	Year of constructio n as informed	Observations
1	Smt Rajya Lakshmi H.No.12-97	1984	Spalling of concrete is observed.
2	Sri Shaik Pasha H.No,12-80	1985	No damages observed.

¶506

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¶507

3	Sri SK. Kajavali H.No, 13-139	1985	Crack observed in between building wall and extension portion shed. Basement with masonry of compound wall damaged due to uneven settlements.
4	Sri Yesu	…..	Multi storeyed building - cracks on Plastering observed.
5	Sri Banoth Nandu Naik H.No.13-181	1986	Spalling of slab concrete. Sagging of slab due to insufficient reinforcement.
6	Sri Bathula Ragaavulu H.No.14-63	1986	Spalling of slab concrete and exposure of reinforcement.
7	Sri Bandi Anjaiah H.No.14-140	1985	Spalling of slab concrete.
8	Smt Veera Venkata Lakshmi H.No.14-147	1986	No cracks in slab observed due to POP ceiling.
9	Sri Naram NageswerRao H.No.14-144	1985	Nil
10	Smt. Marampudi Seetha Maha Lakshmi H.No.14-209	1985	Construction in 1985. No significant damage observed.
11	Sri Chillagulla Venkateswar Rao H.No.14-233/3	2011	New construction. Double storeyed Building. No damage observed.
12	Smt Parmpudi Samrajyamri H.No.14-218	1985	Spalling of slab concrete
13	Sri Nerella Raghavulu H.No.14-220	1985	Spalling of slab concrete
14	Smt Dosa Chandra Kala H.No.13-85	1985	Spalling of slab concrete

¶508

(g). During the site inspection it is learnt that most of the houses in the NTR Nagar Colony were reportedly constructed with slab laid on load bearing walls by the State Government in the year 1985-1986 under housing scheme and allotted to the residents. It has been observed that the thickness of concrete slabs provided to the houses are insufficient than the standard specifications. Most of the houses inspected have similar kind of damage noticed in the civil structure i.e., spalling of slab concrete due to inadequate cover to slab and exposure of reinforcement & rusting. As informed by the residents the cracks / damages were initially developed in the year 2017. When the Committee asked for the delay, one of the applicants explained that this matter was pursued with the local authorities concerned and brought before the Hon’ble Tribunal after exhausting the possible remedy. Though the present blast induced vibration study carried out by the Committee has not established any significant impact / vibration at the NTR Nagar, it is not possible to conclude with the same for the period 2016 and 2017 due to want of monitored data. In such circumstances, the Joint Committee felt that the alleged damage of the houses might have attributed due to combined effect of insufficient slab thicknesses & slab reinforcement, ageing of houses constructed on lad bearing walls, lack of proper maintenance to houses and the nearby blasting operations undertaken.

¶509

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¶510

In either of the case, the residents are not responsible for the said damage and thus on humanitarian ground the Committee recommends for the suitable relief to the damaged house of the applicant as well as other such damaged houses in the three villages namely NTR Nagar, Jalagam Vengala Rao Nagar and Rejarla village. by meeting the fund requirement either from the District Mineral Fund (DMF) or by the project authority as direct by the Hon’ble NGT. During the concluding meeting after site inspection, the Committee explored the possible means of meeting the fund requirement for the relief of the damaged houses either from the DMF or from the fund allocated to the remediation plan and natural and community resource augmentation plan. In this regard, Additional Collector & member of the Committee opined that fund from DMF may not be used for the purpose of repair / renovation of individual houses. Further, the project authority informed that if there is any deviation in the implementation of the fund committed by them for the remediation plan and natural and community resource augmentation plan, the amount deposited as bank guaranty with TSPCB cannot be claimed. In such circumstances, Hon’ble Tribunal may take appropriate view in accordance with the law.

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(h). District Mineral Foundation (Trust): The mining industry is regulated under the Mines and Minerals (Development and Regulation) (MMDR) Amendment Act, 2015. Section 9B of MMDR Act mandates the State Governments to establish District Mineral Foundation (DMF) in each district affected by mining related operations. District Mineral Foundation (DMF) is a trust set up as a non-profit body in those districts affected by the mining works. The object shall be to work for the interest and benefit of persons, and areas affected by mining related operations. According to the MMDR Rules 2015, “every holder of a mining lease or a prospecting licence-cum-mining lease shall, in addition to the royalty, pay to the DMF of the district in which mining operations are carried on. From the total collections accrued under DMF, the mechanism provided envisages spending the same in the ratio of 60:40, 60% being for projects classified as high priority areas which include health care, education, sanitation, drinking water supply, women and child care, environment conservation, etc. while the balance 40% being for projects classified as other priority areas which include construction of roads, railways, bridges etc.

¶515

(i). Accordingly, Telangana State government vide G.O.MS. No. 3 dated 20/01/2016 notified the Telangana State District Mineral Foundation (Trust) Rules, 2015. Subsequently the rule was amended vide G.O.MS. No. 38 dated 31/05/2018 and notified Telangana State District Mineral Foundation (Trust) Amendment Rules, 2018. The object of the trust is to work for the interests, benefits and sustainable development of areas affected by mining or mining related operations in the district in such ways as may be prescribed by these Rules, in an effective, transparent and accountable manner. Project Authority informed that they contributed so far Rs. 161.40 Crores to DMFT fund exclusively from JVR-OC mines. However, it is not known the developmental and welfare activities taken up under the DMF in

¶516

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¶517

respect of the JVR-OC project area. Proviso 10.5 of the Telangana State District Mineral Foundation (Trust) Rules, 2015 mandates compliance of transparency inter-alia including online status of ongoing works – implementation status/progress of all the projects/programs being undertaken should be made available on the website, including description of work, details of beneficiaries, estimated cost, name of implementing agencies, expected date of commencement and completion of work, financial and physical progress upto last quarter etc.

¶518

(x). Alleged non-compliance of the para 2(iv) of the Forestry clearance accorded vide proceedings No.8-56/204-FC dated 30.05.2017 under Forest Conservation Act, 1980.

¶519

(a). Ministry of Environment, Forest & Climate Change vide letter No. J- 11015/268/2007-IA.II(M) dated 28/03/2010 granted environmental clearance for Jalagam Vengal Rao Opencast Project -II (4 MTPA Normative and 5 MTPA peak) having a project area of 1409.81 ha. of M/s Singareni Collieries Company Ltd., located in Village Kommepalli, Mandal Sathupalli, District Khammam, Andhra Pradesh (Presently in the State of Telangana), subject to the implementation of environmental conditions and safeguards contained therein. Requisite approval for diversion of Forest land has been obtained as under:

¶520

(i) Stage -2 approval for diversion of 776.20 ha has been obtained vide letter No. 8-56/2014 dated 30/31 May, 2017.

¶521

(ii)12.02 Ha obtained vide letter No 8-129/2003FC dated 02/02/2005 of JVR OC-I Project is also being used for JVR OC II.

¶522

(b). Reportedly project activity was commenced on 01/09/2017, that is after obtaining the approval for the diversion of Forest land and EC. It is pertinent to mention here that the applications for the environmental clearances and Forestry clearances are being processed in separate Divisions and appraised by the separate Committee and clearances also issued separately. Accordingly, to ensure the commencement of the project activity after obtaining the EC a condition was stipulated in the FC letter that “the user agency shall obtain EC as per the provisions of Environment (Protection) Act, 1986, before work for the project is initiated”. This fact was explained to the applicant and his Counsel represented during the site inspection. It was also confirmed that there is no any allegation / substantial evidence that the mining activity was carriedout in the forest land without obtaining Forestry and environmental clearance. In view of the above, the allegation of the applicant is devoid of merits.

¶523

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¶524

(xi). Transport of coal through road by violating the condition stipulated in the Environmental Clearance (EC).

¶525

Considering the facts mentioned at above para (ii).(b) &(c) and in accordance with the amendment on the specific condition of the EC obtained from the MoEF&CC vide letter No.J-11015/268/2007-IA.II(M) dated 19/04/2021, no violation has been observed as alleged, since the permission has been accorded to transport the coal by road with covered tarpaulin up to 31.12.2021 . Presently the Coal is being transported from mine to Coal Handling Plant (CHP), Kothagudem through tarpaulin covered trucks by road. A modern CHP with built-in environmental safeguards of 10 MTPA capacity is under construction reportedly at a cost of Rs. 398 Crores. A railway line of 54.1 km. length is being constructed through railways from Sathupalli to Bhadrachalam Road (Kothagudem) at a total cost of Rs. 927.94 Crores of which SCCL share is Rs. 618.55 Crores. A railway siding of 3.5 km. and conveyor belt is also under construction for transport of coal from Coal Handling Plant (CHP) by rail mode. Project Authority informed that the coal transportation will be switched over to rail mode immediately after completion of railway line.

¶526

Google Map showing the ongoing erection work of railway loading and construction of Silo loading.

¶527

View of Railway line to JVR OC-I & II.

¶528

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¶529

(xii). Alleged use of explosive substance for blasting without adopting scientific methods to avoid air and sound pollution.

¶530

Perusal of records show that project authority has obtained requisite permission / NOC from the Petroleum & Explosives Safety Organisation (PESO) for possession and use of Explosives from magazine situated at Kothagudam District, Khammam, Telangana vide licence Nos. E/HQ/TG/22/17(E1247), E/HQ/TG/22/305(E2213) and E/HQ/TG/22/783(E54813) granted in Form LE-3 of Explosives Rules, 2008. The said permissions are valid till 31.03.2022. Further, Project Authority has also obtained requisite statutory blasting permissions from the DGMS as mentioned at above para (IX).(b) and practicing controlled blasting technique using nonel technique as approved by the Directorate General of Mine Safety. The blast induced vibrations are being monitored for each blast and records are being maintained and thus this allegation of the applicant is devoid of merits.

¶531

(xiii). Alleged damage caused to the nearby water body on account of large scale of dumping of coal.

¶532

Previously, mine discharge water was discharged into Jeenugupally water tank after passing through settling tanks (i.e. after treatment). However, on completion of mining operation in the Jalagam Vengal Rao OC-I, the discharge of excess mine water into Jeenugupally water tank has been discontinued. During the visit, it has been observed that the mine discharge water is very less and is being channeled through settling tanks for removal of suspended solids and only treated water is being discharged into nearby agriculture tank like Kistaram tank after meeting the desired standards.

¶533

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¶534

No large-scale dumping of Coal is noticed during the visit. Applicants also not made any substantive evidence / documents in this regard. From the analytical data of water samples, no damage to the water body near the project area has been observed. This fact was also clarified to the applicant during the visit.

¶535

10. Conclusion and Recommendations:

¶536

(i). Though there is no blast induced vibrations are detected at the NTR Nagar on the day of present site inspection, it appears that the alleged damage of the houses might have been attributed due to combined effect of the inadequate civil structure of the houses and the nearby blasting operations in the past. In either of the case, the residents are not responsible for the said damages and thus on humanitarian ground the Committee recommends for the grant of suitable relief to the damaged house of the applicant as well as other such damaged houses in the three villages namely NTR Nagar, Jalgam Vengal Rao Nagar and Rejarla village by meeting the fund requirement either from the District Mineral Fund (DMF) or the project authority or any other means as direct by the Hon’ble NGT.

¶537

(ii). Though the project authority has already contributed Rs.161.40 Crores towards DMFT fund from JVR-OC project, it has to be more effectively utilized as mandated in the nearby villages. Further, DMFT shall implement the same and the plan of action shall be shared to the project authority in order to avoid overlapping in the implementation of various community development programmes by them in the vicinity of project area. DMFT shall upload the activities implemented on public domain as mandated under the Proviso 10.5 of the Telangana State District Mineral Foundation (Trust) Rules, 2015.

¶538

(iii). Respondent Project authority (SCCL) undisputedly exceeded the production capacity than the sanctioned capacity by not complying with the stipulated calendar plan including excavation & quantum of coal and thus violated the EC and Consent accorded. In this regard credible legal action has already been initiated by the Telangana State PCB and the matter is under sub-judice. Further, as approved by the MoEF&CC, the project authority, has also executed a bank guaranty of an amount of Rs. 26,67,00,000/- (rupees twenty-six crores and sixty seven lakhs) to the TSPCB towards implementation of remediation plan and natural and

¶539

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¶540

community resource augmentation plan. The project authority shall implement the same within 3 years as stipulated by the MoEF&CC.

¶541

(iv). The Committee has not arrived an environmental compensation again, considering the facts that there is no any further direction in this regard from the Hon’ble Tribunal in its subsequent Order dated 21.01.2021 and also again arriving environmental compensation for the same violation would lead to double jeopardy.

¶542

(v). The project authority has implemented the progressive mine closure activity and reclamation of mined out area as per the approved Mining Plan. Considering the facts mentioned above under para (II)(a)-(e), the Joint Committee observed that the implementation of final Mine Closure plan does not arise now to JVR-OC-I Expansion project. Project authority so far has not claimed the amount of Rs. 41.9107 Crores deposited in the ESCROW Account, after completing the third-party audit. The said amount shall not be transferred to the amalgamated project of JVR-OC-I and JVR-OC-II in order to ensure effective implementation. if Hon’ble Tribunal desires to get more clarification on the issues of implementation of final mine closure plan, the details may be obtained from the regulatory authority impleading Ministry of Coal as a Respondent in the above O.As.

¶543

(vi). Presently no violation has been observed in the mode of coal transport. Project authority shall expedite and complete the erection of railway siding and conveyor belt well in advance. No coal transport shall be made by road beyond 31.12.2021.

¶544

(vii). Project authority shall provide potable drinking water to the nearby villages inter-alia to the NTR Nagar by installing RO plants immediately and shall be maintained by the project authority for 3 years as stipulated by the MoEF&CC.

¶545

(viii). Though the mobile medical camps are regularly conducted, Project authority shall make a uniform schedule for the visit of doctors / mobile medical camp in nearby villages in a fixed day and time in each village in order to avail the facility by the residents.

¶546

(ix). Safety as well as pollution control mechanisms provided appears to be sufficient. Monitored analytical data show that there is no any Air, Water,

¶547

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¶548

noise and soil pollution as alleged. Necessary green belt has also been developed.

¶549

(x) No violation has been observed on the alleged Forestry Clearance accorded.

¶550

(xi) Project authority shall ensure regular calibration of Seismographs

¶551

– Minimate used for monitoring the vibrations.”

¶552

30. This Tribunal by order dated 12.07.2021, after considering the submissions made by the learned counsel for the applicant that though excess mining was detected by the Joint Committee at the time of inspection, they have not assessed the environmental compensation, instead they have directed to produce the Bank Guarantee of a particular amount as Performance Guarantee for implementing the Environment Management Plan in respect of Mine – I, passed the following order:-

¶553

“3. It may be mentioned here that providing Bank Guarantee as performance Guarantee for doing certain works is different from assessing environmental compensation for the violation of excess mining by the project proponents. Both stands on a different footing.

¶554

4. So under such circumstances, the observations made by the committee that since they have already directed them to produce the Bank Guarantee as performance guarantee to a tune of Rs. 26,67,00,000/- (Rupees Twenty-Six Crores and Sixty Seven Lakhs Only) towards implementation of remediation plan and natural community resource augmentation plan that to within a period of three years, further direct to pay environmental compensation will amount to double jeopardy.

¶555

5. Further, in the case of violation of doing mining without getting further environmental clearance for the expanded portion, they are liable to pay compensation for violation apart from the royalty with penalty for excess mining as provided under the respective mining rules. This aspect also has not been considered by the committee as to whether such an amount was imposed and realised from them.

¶556

6. Though it was mentioned that in the „Green Belt‟ is survival rate is too good, they have not mentioned as to what is the percentage of the survival and in case it is less than the required percentage, what are the remedial measures taken by them to recoup the same by planting more saplings and fill the gaps. The committee is directed to revisit all these aspects and file a further report in this regard.

¶557

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¶558

7. Except the 3^rd respondent, the Pollution Control Board and the other respondents have not filed any statements so far. The 2^nd respondent in O.A. No. 20 of 2021 and the 3^rd respondent in O.A. No. 174 of 2020 have filed their counter statement. They have taken the Ambient Air Quality (AAQ) at the time when the mining operation was not in operation. They have not ascertained the same when the transport of coal is being done so as to ascertain as to whether the Ambient Air Quality (AAQ) is within the prescribed limit or not.

¶559

8. The Telangana Pollution Control Board (TSPCB) as well as the joint committee are also directed to file a further report in this regard as well. It is also mentioned in the report of the Telangana State Pollution Control Board (TSPCB), due to the discharging of mine discharge water into the Jeenugurupally Tank in Rejarla Village, they found that the water quality is acidic in nature. But they found that there is no possibility of discharge of water from JVR OC – 1. But subsequently when the water analyses have done the values are within the Board‟s prescribed standards. But they have mentioned that it could due to dilution of ground water due to monsoon season rains and also stoppage of discharge of mine water by the Singareni Colleries Company Limited. So there was a direction given to the industry not to discharge mine water from JVR OC – 1.

¶560

9. It is also mentioned in the counter statement that they have issued certain directions and if the directions are not complied with, then they will be compelled to issue closure order under the Water (Prevention and Control of Pollution), Act 1974 and Air (Prevention and Control of pollution), Act 1981. Whenever violations are found, the Telangana State Pollution Control Board (TSPCB) is also expected to take further action and as per the directions of the National Green Tribunal in case of violations of conditions, the Central Pollution Control Board (CPCB) has evolved a formula as to how for compensation for violations of conditions, have to be assessed. But in spite of that the Pollution Control Board (PCB) had not taken any steps to assess the compensation on the basis of the directions issued by this Tribunal and also the guidelines given by the Central Pollution Control Board (CPCB) in this regard, though they found that they have increased the production capacity beyond the permitted capacity, which is double the quantity permitted. So they are also directed to file a further action taken report on the basis of the observations made apart from co-operating with the committee for assessing the environmental compensation as directed by this Tribunal.

¶561

10. The committee as well the Telangana State Pollution Control Board (TSPCB) are also directed to ascertain as to whether the recommendations made by the committee are being complied with by the project proponent and if not, what is the nature of action taken by them in this regard.

¶562

11. The project proponent is also directed to submit the compliance report regarding the recommendations given along with their objections to the

¶563

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¶564

committee report if any, regarding the observations. Till the environmental clearance is granted for the expanded quantity, the project proponent is directed to not to do any mining operation exceeding the permitted limit. They shall mine only the quantities for which permission has been accorded as on date.

¶565

12. The Respondents are directed to file their objections/further reports as directed, on or before 12.08.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules and also the other official respondents are directed to file their independent statements regarding the allegations made and complete the pleadings also before the next hearing date.”

¶566

31. The case was posted to 12.08.2021 for completion of pleadings and consideration of further report. On 23.09.2021, this Tribunal had considered the report submitted by the Telangana State Pollution Control Board dated 11.08.2021, e-filed on 12.08.2021 extracted in Para (2) of the order which reads as follows:-

¶567

“REPORT DATED 10.08.2021 OF THE ENVIRONMENTAL ENGINEER, TELANGANA STATE POLLUTION CONTROL BOARD (TSPCB), REGIONAL OFFICE, KOTHAGUDEM (RESPONDENT No. 2 0.A NO. 20 OF 2021 and RESPONDENT No. 3 0.A NO. 174 OF 2020) IN O.A. NO. 174 OF 2020 AND O.A NO. 20 OF 2021 FILED IN THE HON'BLE NGT.

¶568

It is to submit that Hon'ble NGT has issued an order dated 21.07.2021 in the matter of O.A. No. 174 of 2020 filed by Sri Banothu Nandu Nayak R/o. NTR Nagar, Sathupalli (V & M), Khammam District & O.A. No. 20 of 2021 was filed by Sri Oggu Srinivasa Reddy, S/o Keshava Reddy and another, R/o. Narayanapuram & Rejarla village, Sathupally Mandal, Khammam District and directed the Board to submit status report.

¶569

In this regard, the following details were submitted:

¶570

• M/S Singareni Collieries Company Limited is having two mines in the name of Jalagam Vengal Rao OC - I and Jalagam Vengal Rao OC - II in Ayyagarupeta (V) and Kommepelli (V) respectively in Sathupalli Mandal, Khammam District. These are two seperate open cast coal mines for which they have obtained separate EC, CFE and CFOs.

¶571

• JVR OC -I Expansion was started in 2007 with mining capacity of 2.5 Million TPA (Peak : production) in mine lease area of 547.08 Ha. (including Forest land of 380.52 Ha.). They obtained EC from MoEF&CC vide order dated

¶572

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¶573

27.07.2007. They also obtained CFE from the TSPCB vide order dated 27.09.2007. The TSPCB has issued latest CFO vide order dated 03.10.2016 with validity upto 30.06.2021. Copies of the same are enclosed.

¶574

• Subsequently they increased the production from 2.5 Million TPA to 5 Million TPA for IVR OC -I as per the coal demand to meet power requirement by the State Government for which they have not obtained EC and Consent of the TSPCB. Later, they approached the MoEF&CC for violation of the EC on increase of production capacity and MoEF&CC directed to go for EC procedure and they obtained TOR (Terms of Reference) in which credible action is to be initiated which is one of the condition.

¶575

• The industry also requested the State Government to initiate Credible action against them and State Government has forwarded the same to the TSPCB for taking necessary action. As per the directions of the Head office, TSPCB, Hyderabad the Regional office, : "Kothagudem has filed a complaint against Singareni Collieries Company Ltd for initiating credible action regarding increase of production. The case was appeared before Hon'ble First Class Judicial Magistrate, Sathupalli and same is pending..

¶576

• For JVR OC - I, Public hearing was also conducted on 14.02. 2020 under EC procedure and they obtained EC for increased production capacity vide EC dated 01.02.2021.

¶577

• The SCCL has applied for CFE & CFO for increased production to the TSPCB for JVR OC-I project and same are under process.

¶578

• M/s Singareni Collieries Company Limited, Jalagam Vengal Rao opencast mine-II (JVR OC-II), Kommepalli (V), Sathupalli (M), Khammam District has obtained Environment Clearance from MoEF & CC vide letter No.J11015/268/2007-IA.II (M) dated 28.03.2010 for mining capacity of 4 Million Tonnes per Annum (Normative) with a peak production of 5 Million Tonnes per Annum. They also obtained CFE from the TSPCB vide order dated 26.06.2015. The industry has started coal mining activity in October 2017. The industry obtained latest CFO from TSPCB vide order dated 03.01.2018 with validity upto 31.10.2022.

¶579

It is to submit that they proposed to increase the mining capacity from 5 MTPA to 10 MTPA by amalgamation of Jalagam Vengala Rao Opencast Mine Expansion (JVR OC-I Expansion) with Jalagam Vengala Rao Opencast Mine (JVR OC-II) in total mine lease (ML) area of 1953.46 Ha (including proposed area of 256.68 Ha.). After amalgamation, the project may be named as Jalagam Vengala Rao Opencast Mine (I&II Expansion). In this regard, Public hearing was conducted on 14.02.2020 and minutes were communicated to MoEF & CC, New Delhi on 24.02.2020 for further process.

¶580

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¶581

Earlier, the Board officials have inspected and conducted AAQ and Noise monitoring for the JVR OC - I and JVR OC-II during 07.12.2020 to 09.12.2020 and also collected water samples. As per latest analysis reports for the samples collected in December 2020, the values are within the prescribed standards for mine discharge water.

¶582

During Ambient Air Quality Monitoring, JVR OC – I was stopped its production (coal excavation). But, operations like overburden bund formation and vehicle transportation activities are going on and also coal mining excavation along with other works like coal transportation, overburden filling etc. of the JVR OC-II were in operation. Noise monitoring was conducted at the time of blasting operations. Hence, the AAQ analysis reports reflect its values when coal mining activity, coal transportation (from the Sathupalli mine site to Rudrampur CHP and other areas) and other ancillary operations were in active for JVR OC-I and JVR OC-II.

¶583

It is to submit that the Board officials have inspected M/s Singareni Collieries Company Limited, JVR OC-I & JVR OC-II, Sathupalli area, Khammam District on 15.07.2021 and 05.08.2021 and the observations made during inspection are submitted as follows:

¶584

1. Mining operations of JVR OC-I stopped due to exhaust of coal reserves. But, other activities like overburden bund formation and vehicle transportation activities are going on.

¶585

2. Coal mining excavation along with other works like coal transportation, overburden filling etc. of the JVR OC-II were in operation.

¶586

3. No discharges from JVR OC-I as mining operations of JVR OC-I stopped due to exhaust of coal reserves.

¶587

4. No discharges of mine discharge water from JVR OC-I & II projects into Jeenugumilli tank.

¶588

5. Now, they are discharging mine discharge water of the JVR OC-II project in to Chillavagu and Kistaram tank.

¶589

6. The industry has provided arrangement for manual mixing of lime for neutralization of mine discharge water and also provided settling earthen ponds. After treatment excess mine discharge water is discharging into Chillavagu cheruvu and Kistaram tank.

¶590

7. They provided water meters before pumping of mine discharge water into internal drains finally connected to Chillavagu and Kistaram tank.

¶591

8. They provided garland drains and siltation ponds around mine area.

¶592

9. They provided water sprinklers along haul roads and also provided 15 Nos. of mobile water tankers to control fugitive emissions due to coal transportation vehicles. And also provided 3 Nos. of mist spraying systems at Coal Handling Plant (CHP). These water sprinklers were in operation at the time of inspection.

¶593

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¶594

It is to submit that, the Board officials have collected the samples of mine discharge water, water from Jeenugumilli tank and ground water samples during inspection on 15.07.2021. As per the analysis report of the mine discharge water the values are within the prescribed standards. Copies of the analysis reports of mine discharge water, Jeenugumilli tank water and Borewell samples are enclosed.

¶595

As per the analysis report of the Jeenugumilli tank water, the values are indicates that Dissolved Oxygen (DO) values fall under 'C' class and the same can be used for drinking water source after conventional treatment and disinfection and the values of Conductivity falls in class E Irrigation, Industrial Cooling, Controlled Waste disposal as per Central Pollution Control Board (CPCB) water quality criteria. The farmers and others have informed that they are using water from Jeenugumilli tank for irrigation purpose. The water sample collected from the Jeenugumilli tank. CPCB water quality criteria for the surface water standards is submitted as Annexure.

¶596

It is also submit that, the Zonal laboratory, TSPCB, Warangal is conducting AAQ monitoring and Noise monitoring on 09.08.2021 and 10.08.2021. Monitoring analysis reports are yet to be received.

¶597

Earlier, the TSPCB, Hyderabad has reviewed Singareni in the Task Force committee meeting and issued directions vide order dated 22.02.2021. Copy of the same is enclosed. Compliance of the Task Force directions dated 22.02.2021 are as follows:

¶598

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¶599

The Regional office, TSPCB, Kothagudem has submitted report to the Head office, TSPCB, Hyderabad on the status of the directions issued vide order dated 22.02. and for taking necessary action on 10.08.2021.

¶600

It is further submitted that under EC violation for JVR OC - I Project, the industry has obtained Environmental Clearance for increased production vide order dated 01.02.2021 as per the MoEF&CC guidelines. The industry has submitted Bank Guarantee for Rs. 26.67 Crores to the TSPCB, Hyderabad under EC violation prior to the Grant of EC. As per the directions of the Head office, TSPCB, Hyderabad, the Regional office, Kothagudem has filed a complaint against Singareni Collieries Company Ltd for initiating credible action regarding increase of production under EC violation. The case was appeared before Hon'ble First Class Judicial Magistrate, Sathupalli and same is pending.

¶601

The Board will monitor the industry regularly and take necessary action against the industry for non compliance.”

¶602

32. This Tribunal had also considered the further Joint Committee report

¶603

dated 03.09.2021, e-filed on the same date and extracted in Para (3) of the order which reads as follows:-

¶604

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¶605

Report of the Joint Committee in compliance with the Order dated 12.07.2021 of Hon’ble NGT in the O.A. No. 174 of 2020(SZ) in the matter of Banothu Nandu Nayak Vs Singareni Colleries Company Ltd. & Ors.

¶606

and

¶607

O.A. No. 20 of 2021(SZ) in the matter of Oggu Srinivas Reddy Vs Union of India & Ors before the Hon’ble National Green Tribunal, (SZ), Chennai.

¶608

1. Introduction :

¶609

In compliance with the Orders of the Hon’ble NGT in the O.A. No. 174 of 2020(SZ) and O.A. No. 20 of 2021(SZ), the nodal agency in the matters (Integrated Regional Office of MoEF&CC at Chennai) has coordinated with duly constituted Joint Committee and submitted a combined Joint Committee report on both the cases before the Hon’ble Tribunal after site inspection and also giving an opportunity to the parties to the O.As. For the sake of brevity not reproduced the said joint Committee Report, which was already filed. The conclusion and recommendations drawn by the Committee in the said report, based on the observations referred therein the said report, inter-alia include the following:

¶610

¶611

(ii). Though the project authority has already contributed Rs.161.40 Crores towards DMFT fund from JVR-OC project, it has to be more effectively utilized as mandated in the nearby villages. Further, DMFT shall implement the same and the plan of action shall be shared to the project authority in order to avoid overlapping in the implementation of various community development programs by them in the vicinity of project area. DMFT shall

¶612

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¶613

upload the activities implemented on public domain as mandated under the Proviso 10.5 of the Telangana State District Mineral Foundation (Trust) Rules, 2015.

¶614

(iii). Respondent Project authority (SCCL) undisputedly exceeded the production capacity than the sanctioned capacity by not complying with the stipulated calendar plan including excavation & quantum of coal and thus violated the EC and Consent accorded. In this regard credible legal action has already been initiated by the Telangana State PCB and the matter is under sub-judice. Further, as approved by the MoEF&CC, the project authority, has also executed a bank guaranty of an amount of Rs. 26,67,00,000/- (rupees twenty-six crores and sixty seven lakhs) to the TSPCB towards implementation of remediation plan and natural and community resource augmentation plan. The project authority shall implement the same within 3 years as stipulated by the MoEF&CC.

¶615

(iv). The Committee has not arrived an environmental compensation again, considering the facts that there is no any further direction in this regard from the Hon’ble Tribunal in its subsequent Order dated 21.01.2021 and also again arriving environmental compensation for the same violation would lead to double jeopardy.

¶616

(v). The project authority implementing the progressive mine closure activity and reclamation of mined out area as per the approved Mining Plan. Considering the facts mentioned above under para (II)(a)-(e), the Joint Committee observed that the implementation of final Mine Closure plan does not arise now to JVR-OC-I Expansion project. Project authority so far has not claimed the amount of Rs. 41.9107 Crores deposited in the ESCROW Account, after completing the third-party audit. The said amount shall not be transferred to the amalgamated project of JVR-OC-I and JVROC-II in order to ensure effective implementation. if Hon’ble Tribunal desires to get more clarification on the issues of implementation of final mine closure plan, the details may be obtained from the regulatory authority impleading Ministry of Coal as a Respondent in the above O.As.

¶617

(vi). Presently no violation has been observed in the mode of coal transport. Project authority shall expedite and complete the erection of railway siding and conveyor belt well in advance. No coal transport shall be made by road beyond 31.12.2021.

¶618

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¶619

(vii). Project authority shall provide potable drinking water to the nearby villages inter-alia to the NTR Nagar by installing RO plants immediately and shall be maintained by the project authority for 3 years as stipulated by the MoEF&CC.

¶620

(viii). Though the mobile medical camps are regularly conducted, Project authority shall make a uniform schedule for the visit of doctors / mobile medical camp in nearby villages in a fixed day and time in each village in order to avail the facility by the residents.

¶621

(ix). Safety as well as pollution control mechanisms provided appears to be sufficient. Monitored analytical data show that there is no any Air, Water, noise and soil pollution as alleged. Necessary green belt has also been developed.

¶622

(x). No violation has been observed on the alleged Forestry clearance accorded.

¶623

(xi). Project authority shall ensure regular calibration of Seismographs – Minimate used for monitoring the vibrations.

¶624

2. Meeting of the Joint Committee and site inspection:

¶625

Hon’ble NGT(SZ) after examining the report of the Joint Committee, passed an Order dated 12.07.2021, wherein directed to submit further report by the Committee on the points referred therein. In continuation to the submission of the Joint Committee Report and in compliance with the Order dated 12.07.2021 of Hon’ble NGT, all the members of the Joint Committee in the matters have revisited the said project area under question on 05.08.2021 and deliberated the issues and the action points referred therein the said Order, followed by site inspection along with project authority. A copy of the attendance sheet of the members took part in the site inspection is placed as Annexure -I .

¶626

3. Submissions of the Joint Committee:

¶627

Based on the deliberations held in connection with the observations recorded / directions passed by the Hon’ble Tribunal in the Order dated 12.07.2021, the following facts are submitted to the Hon’ble Tribunal for kind consideration:

¶628

(i). In the Order dated 12.07.2021, it has been mentioned that the learned Counsel for the project proponent wanted to file their objections on the report of the Joint Committee. However, project authority did not submit

¶629

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¶630

any objection on the Joint Committee report during the deliberation held on 05.08.2021.

¶631

(ii). In the Order dated 12.07.2021, it has been mentioned that the learned Counsel for the Applicant submitted that though the excess mining was detected by the Joint Committee they have not assessed the Environmental Compensation instead, they have directed to produce the Bank Guarantee of a particular amount as performance guarantee for implementing the Environment Management Plan in respect of Mine-I. In this regard, it is submitted that the Joint Committee never directed to produce the Bank Guarantee rather the Committee expressly mentioned the fact in the report as under:

¶632

(a). Considering the violations committed by the project authority, in pursuant to the Notification dated 14^th March, 2017 of MoEF&CC, New Delhi relating to violation of the EIA Notification, 2006, M/s SCCL submitted application for the EC for proposed expansion of the project from 2.50 MTPA to 5.00 MTPA in an area of 544.81 Ha. with the same name under violation category. Reportedly the proposal was deliberated in the meeting of EAC for the violation of EIA Notification, 2006, held on 13^th -14^th June, 2018 for issue of ToR. Accordingly, MoEF&CC issued Terms of Reference vide letter No. 2377/2018-IA (III) dated 08.08.2019 for the proposed expansion of Jalagam Vengal Rao Opencast-I Expansion Project. Subsequently, Public hearing was conducted on 14^th February, 2020. The EAC after detailed deliberation on the information submitted by the project proponent and as presented, initially deferred the project for want of information. Based on the additional information submitted by the project proponent as sought by the EAC, the proposal was considered in the 36^th EAC meeting held on 22.09.2020 and after detailed deliberation, the EAC recommended the proposal for grant of Environmental Clearance. Accordingly, MoEF&CC vide letter No. 2377/2018-IA(III) dated 01.02.2021 granted environmental clearance for JVR OC-I Expansion project for enhanced coal production from 2.5 MTPA to 5 MTPA under violation category. This fact was also already mentioned in the report at para 4(iii) and a copy of the said EC letter dated 01.02.2021 has also been placed as Annexure -II in the report submitted. Based on the study undertaken in this regard, as recommended by the EAC and approved by the MoEF&CC, an amount of Rs.26,67,00,000/- (rupees twenty six crores and sixty

¶633

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¶634

seven lakhs) has already been deposited by the Project Authority to the TSPCB as bank guarantee towards implementation of remediation plan and natural and community resource augmentation plan which needs to be implemented within 3 years, based on the study undertaken and approved by the MoEF&CC. The relevant chapter of the Environment Management Plan comprising of remediation plan and natural and community resource augmentation plan corresponding to the ecological damage assessed was also placed as Annexure- VIII. Perusal of the documents made available to the Committee and the input furnished by the project authority revels that the amount recommended by the EAC and approved by the MoEF&CC towards implementation of remediation plan and natural and community resource augmentation plan corresponding to the ecological damage assessed inter-alia include economic benefits derived based on the scientific study on various components such as Air, Water, noise etc. due to the excess production achieved / violation committed.

¶635

(b). It has also been reported in the EMP that the total net profit gained on account of excess production is Rs. 588.60 Crores for the violation period of 11 years and 3% of that amount is Rs.17.65 Crores, will be contributed to remediation, Natural & Community resource augmentation plan cost. As informed by the project Authority the said amount has also been incorporated in the total amount envisaged for the implementation of remediation plan and natural and community resource augmentation plan. Further, in respect of excess production, credible legal action has already been initiated by the Telangana State PCB through legal proceedings before the Hon’ble Court of Judicial First Class Magistrate, Sathupalli, Telangana through C.C. No. 1075 of 2020 and the matter is under sub-judice. The relevant copy of summons issued by the Hon’ble Court of Judicial First Class Magistrate, Sathupalli, Telangana in the C.C. No. 1075 of 2020 was also placed as Annexure – III in the report.

¶636

(iii). MoEF&CC has accorded EC for the said project by following the procedure referred therein the Notification S.O. 804(E). dated 14^th March, 2017 of MoEF&CC, New Delhi relating to violation of the EIA Notification, 2006. A copy of the said Notification dated 14^th March, 2017 of MoEF&CC is placed as Annexure-II . Para 7 of the said Notification dated 14.03.2017 reads as “the project proponent will be required to submit a bank guarantee

¶637

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¶638

equivalent to the amount of remediation plan and Natural and Community Resource Augmentation Plan with the State Pollution Control Board and the quantification will be recommended by Expert Appraisal Committee and finalized by Regulatory Authority and the bank guarantee shall be deposited prior to the grant of environmental clearance and will be released after successful implementation of the remediation plan and Natural and Community Resource Augmentation Plan, and after the recommendation by regional office of the Ministry, Expert Appraisal Committee and approval of the Regulatory Authority”.

¶639

(iv). In compliance with the above notification, the Expert Appraisal Committee prescribed a specific Terms of Reference for the project for the assessment of ecological damage, remediation plan and natural and community resource augmentation plan corresponding to the ecological damage assessed and economic benefit derived due to violation and the same was prepared as independent chapter in the environment impact assessment report by an accredited agency.

¶640

(v). Considering all the above facts, the Joint Committee in their interim report filed, prayed before the Hon’ble NGT to pass appropriate Order regarding (i). appoint additional members from the Directorate General of Mines Safety and Roads and Buildings Department, Govt. of Telangana as a member to the Joint Committee (ii). pass appropriate Orders for conducting requirement of repeated study on Ambient Air Quality, soil quality and also monitor the noise level in that area and arriving environmental compensation on account of the views referred therein.

¶641

(vi). After examining the matter, Hon’ble Tribunal vide Order dated 21.01.2021 expressly permitted to add additional members as prayed. But, no any further direction for arriving environmental compensation was issued in the Order dated 21.01.2021. In such circumstances, the Committee felt that the Hon’ble Tribunal has accepted the views submitted and thus the Committee in their combined Joint Committee Report, recorded their view that “the Committee has not arrived an environmental compensation again, considering the facts that there is no any further direction in this regard from the Hon’ble Tribunal in its subsequent Order dated 21.01.2021 and also again arriving environmental compensation for the same violation would lead to double jeopardy”.

¶642

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¶643

(vii). Hon’ble Tribunal in the Order dated 12.07.2021 expressed that in the case of violation of doing mining without getting further environmental clearance for the expanded portion they are liable to pay compensation for the violation apart from the royalty with penalty for excess mining and directed the Committee to clarify in this regard. In the said Order Hon’ble Tribunal referred the formula evolved by the CPCB as to how for compensation for violations of conditions, have to be assessed. This fact was perceived by the Committee. In this regard, the following facts are submitted before the Hon’ble Tribunal for kind consideration:

¶644

(a). Though the project authority has undisputedly achieved excess production by violating the EC condition, reportedly all the dues in respect of royalty, District Mineral Fund etc. have been paid by the project authority including for the excess quantity of coal produced. Further, Department of Mines and Geology, Govt. of Telangana vide letter No. 5928/R-1/2018 dated 14.05.2018 addressed to the MoEF&CC, New Delhi clarified the applicability of the penalty clause as per section 21(5) of MMDR Act, 1957 and accorded No Objection Certificate for processing of the pending proposals. Copy of the letter dated 14.05.2018 of Department of Mines and Geology, Govt. of Telangana is placed as Annexure-III . In such circumstances, Hon’ble NGT / Civil Court, where the credible legal action was already initiated may take appropriate view on leavy of penalty.

¶645

(b). It is pertinent to mention here that the guidelines issued by the CPCB also at para 1.4.2. suggested that the amount of Environmental Compensation under this case will be remediation costs, measures requiring immediate and shortterm actions, compensation towards loss of ecology, etc., and will be utilized exclusively for the purpose at specific site, based on the detailed investigations by the Expert Organizations/ agencies, when Environmental Compensation is assessed based on actual damage to the environment by Expert Organization/ Agency.

¶646

(c). The Committee opined that assessing Environmental Compensation based on detailed investigations by the Expert Organizations/ agencies is more appropriate when compared to

¶647

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¶648

use of the general formula / methodology prescribed by the CPCB for arriving the same.

¶649

(d). It would be more appropriate that the amount levied under Environmental Compensation shall be effectively utilized in the adjoining area of the project, where actual damage of the environment has been assessed / predicted due to violation committed in order to maintain sustainable development and upliftment of the people in the vicinity of the project. For ensuring such effective implementation the method prescribed in the MoEF&CC’s Notification dated 14.03.2017 as executing bank guarantee prior to the grant of environmental clearance and releasing the same after successful implementation of the remediation plan by the approval of competent regulatory authority will be an appropriate practice instead of levying the amount and keeping in a common account. In the latter case, it may be possible to utilize such EC funds in another area, which is not connected.

¶650

(e). Based on the study undertaken EAC recommended for an amount of Rs.26,67,00,000/- (rupees twenty six crores and sixty seven lakhs) towards implementation of remediation plan and natural and community resource augmentation plan which appears to be covered various impacts / damage attracted due to excess production and also profit gained on account of excess production. Further, the amount arrived by the MoEF&CC is higher than the Environmental Compensation (EC) arrived based on the methodology prescribed by the CPCB.

¶651

4. Environmental Compensation (EC) arrived based on the methodology prescribed by the CPCB.

¶652

The Joint Committee members are of the view that arriving environmental compensation based on the guidelines of the CPCB is not required in the present case for the reasons stated above. However, as directed by the Hon’ble NGT(SZ) in the Order dated 12.07.2021, the environmental compensation has also been arrived for the violations committed by following the methodology prescribed in the “Report of the In-house Committee on Methodology for Assessing Environmental Compensation and Action Plan to Utilize the Fund” by the CPCB. Accordingly, formula to access the environmental compensation (EC) to be levied for the industrial sectors

¶653

EC = PI x N x R x S x LF

¶654

Page 103 of 136

¶655

Where, EC is Environmental Compensation in ₹

¶656

PI = Pollution Index of industrial sector

¶657

N = Number of days of violation took place

¶658

R = Environmental Compensation factor in Rupees R to be taken as 250.

¶659

S = Factor for scale of operation

¶660

LF= Location factor could be based on population of the city/town and location of the industrial unit. For the industrial unit located within municipal boundary or up to 10 km distance from the municipal boundary of the city/town. LF is 1.0, 1.25, 1.5 and 2.0 if the population is less than 1 million, 1 to < 5 million, 5 to < 10 million and 10 and above respectively.

¶661

Note:

¶662

The Pollution Index (PI) of Industrial Sector is 80, 50, 30 for Red, Orange and Green industries respectively.

¶663

S factor is scale of operation 0.5, 1.0 and 1.5 for small, medium and large scale industries respectively.

¶664

In the present case of JVR-OC-I and JVR-OC-II coal mining projects are falling under red category, large scale industry located within 10 km of the municipal boundary having the population less than 1 million. Hence, Pollution index is 80, S factor is 1.5, number of days violated 11 years (11x 365) days.

¶665

Therefore EC = 80 x 11x 365x 250x1.5x1 = Rs.120450,000/- (Rupees twelve Crores and four lakhs and fifty thousand only). The amount of Environmental Compensation arrived based on the methodology prescribed by the CPCB is very low when compared to the amount already arrived by the MoEF&CC under remediation plan and natural and community resource augmentation plan. In view of the above, Hon’ble NGT may take appropriate view regarding Environmental Compensation.

¶666

5. Green belt development and its survival rate:

¶667

Hon’ble NGT in the Order dated 12.07.2021 directed the Committee to revisit the aspect of green belt developed, survival rate and the remedial action taken by the project authority, if any. In this regard Project authority informed that M/s SCCL is having dedicated qualified forestry Officers to oversee the plantation program. Further, Project authority is having their own nursery. As informed the following methodology is being practiced by the project authority in connection with plantations.

¶668

Page 104 of 136

¶669

(i). Miscellaneous species raised in poly bags / root trainers will be planted at an espacement of 2mx2m ie. at the rate of 2500 Nos., of plants per Ha. The following species are used in raising of OB plantations: Terminelia bellarica, Mitragyna parvifolia, Dlbergia latifollia, Hardwickia binnata, Azardirachta indica, , Ficus racemosa, Madhuca longifolia, Pongamia pinnata, Bombax ceiba, Annona squamosa, Ficus bengalensis, Emblica officinalis, Bauhinia purpurea, Dendrocalamus strictus, Adina cordifolia, Pterocapus marsupium, Syzygium cumini, Tamarindus indica, Aegle marmelos, Ficus religiosa, Ficus mollis, Dalbergia sissoo, Albizzia lebbek, Albiizzia procera, Sterculia urens, Terminelia tomentosa, Pithecellabium dulce.

¶670

(ii). Contour planting with soil binders like Agave suckers, Henna cuttings, Vettiveria slips, Saccharum munja, etc., shall also be taken up @ 2000 per Ha

¶671

(iii). Seed sowing maximum up to 50 kg / Ha. Preference given for legume seed like Stylosanthus hamata, Babul, Glyrecidia, Sesbania, Redgram, sun hemp, etc., which have the advantage of not only good regeneration capacity but also enriching the soil through rhizobial activity.

¶672

(iv). Staggered Contour Trenches (SCT), Continuous Contour Trenches (CCT) and Gully plugging works like stone pitching, Rock Filled Dams (RFD), Gabions, Cribs etc., have been done as part of plantation and Soil and Moisture Conservation (SMC) works by Mine authorities at appropriate locations.

¶673

(v). Vermi-compost application is preferred over chemical fertilizers whenever required.

¶674

(vi). No weeding operation proposed on OB dumps except for unwanted plants like Acacia holocerecea and Accacia auriculiformis, etc., which compete with the growing planted seedlings.

¶675

(vii). No soil working shall be carried on OB dumps.

¶676

(viii). In case of less survival due to poor nutrient status or soil erosion etc, proper measures will be taken to maintain full stocking of plantations. The important measures inter-alia include the following:

¶677

Page 105 of 136

¶678

Application of Vermi-compost, treatment of VAM fungi, Trichoderma viride in nursery stage itself to ameliorate the microbial activity at root zone.

¶679

Revisiting of old plantations till they attain minimum of 90% survival in the plantations.

¶680

Selection of hardy and native forest species in order to sustain on the barren OB dumps and to mimic with adjoining forest areas.

¶681

(ix). These OB plantations are good habitat for the wild animals particularly herbivores like Spotted deer, common hare, wild boar, avain fauna, reptiles, Amphibians, Arthropods etc.

¶682

View of external dump

¶683

View of internal dump

¶684

Avenue Plantation in the mine

¶685

Avenue Plantation in the mine

¶686

Page 106 of 136

¶687

Block Plantation Outside Mine
Green Belt Development
Nursery at JVR OC -l Expn Project

¶688

Species of plants: Dendrocalamus strictus, Hardwickia binata, lnga dul Albeziaodoratissima , Ficus benghalensis , Ficus relegiosa , Semarouba glauca, Cei pentandra , Ficus mollis, Aegle marmolose, Mytragyna parvifolia , Dolichondran crisp Madhuka latifolia , Terminalia bellarica, etc.

¶689

Page 107 of 136

¶690

Committee members at the top of O.B. Dumb

¶691

The details of the greenbelt development undertaken and the survival rate as furnished by the project authority is placed as Annexure-IV .

¶692

6. Status of Ambient Air quality, water quality and noise level:

¶693

During the visit of the Committee, it has been observed that Project Authority has taken adequate precautionary measures to maintain the AAQ, water quality and noise level within the prescribed level. Project authority regularly undertake environmental monitoring through MoEF&CC approved third party laboratory

¶694

Page 108 of 136

¶695

(M/s EPTRI) and records are being maintained. One continuous online AAQ monitoring Station has been installed in this project area and the same is linked to the server of the TSPCB, which gives real time AAQ data round the clock. Perusal of the data monitored by both third party as well as State PCB on AAQ, water and noise level, does not show any abnormality and the same has already placed as Annexure-VI in the report and thus the Joint Committee found that the said allegations regarding noise & air pollution and its impact on the residents of that locality is devoid of merits.

¶696

7. Status of the Compliance on the recommendations of the Committee:

¶697

As directed by the Hon’ble Tribunal the status of the compliance on the recommendations of the Joint Committee have been reviewed during the visit. The point wise status of compliance is furnished below:

¶698

(i). It is pertinent to mention here that the compliance regarding granting of suitable relief to the damaged house of the applicant as well as other such damaged houses in three villages namely NTR Nagar, Jalgam Vengal Rao Nagar and Rejarla village can be ascertained only after passing appropriate Order by the Hon’ble NGT in this regard.

¶699

(ii). Recommendation regarding implement of plan of action by DMFT for various community development program in the vicinity of project area by meeting the DMF yet be complied.

¶700

(iii). Project authority has commenced the implementation of remediation plan and natural and community resource augmentation plan as detailed below:

¶701

(a). Compliance status of Remediation Plan:

¶702

Sl.No	Name of the work	Estimated cost	Status
1.	Construction of RO Plant Shed along with deep bore well 02 No. at Rejaral village & 01 No. at NTR nagar near JVROC-II, Sathupalli, Kothagudem Area.	Rs. 17.10 Lakhs	Awarded Work Order and copy placed as Annexure- V(Coll.)
2.	Drilling of 30 Nos. deep bore wells for drinking water surrounding villages such as Kistaram, Rejerla and Kothuru of Sathupalli under Remediation Plan,JVR OCP,Sathupalli,	Rs. 55.50 Lakhs	Tenders were floated. Date of opening bids was 18.08.2021. Copy of the same placed

¶703

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¶704

	Khammam Dist., Telangana State.		as Annexure- V(Coll.).
3.	Construction of RO Plant Shed along with deep bore wells at vengalrao Nagar near JVR OC – II, Sathupalli, Kothagudem Area.	Rs. 5.50 Lakhs
4.	Providing Cement Concrete Roads near Gowtham Model School near NTR Nagar, Sathupalli Municipality, Khammam Dist., Telangana State	Rs. 62.00 Lakhs
5.	Construction of community hall at Rejarla under Community resource Augmentation plan at Sathupalli, Khammam Dist.	Rs. 75.00 Lakhs	Reportedly Tender action being taken at Corporate office.

¶705

View of Bhoomi Pooja of RO plant made available by the Project Authority.

¶706

M/s SCCL deposited an amount of Rs. 20.00 Lakhs with Forest Divisional Officer, Sathupalli vide cheque no. 952748, dt. 01.03.2021 for development of New Urban Park, which is under execution.

¶707

An amount of Rs. 6,00,000/- (Rupees Six Lakhs only) was paid to Municipal Commissioner, Sathupalli vide cheque no. 953320, dt. 16.04.2021 for providing Bio-Toilets in Sathupalli town. Municipal Commissioner informed vide Lr. No. Roc E/483/2021-22, dt. 04.08.2021 that construction of biotoilets is under progress.

¶708

Page 110 of 136

¶709

An amount of Rs.4.60 Crores (out of Rs. 5.67 Crores of budget plan) for repair of road from Sathupalli to V.M Banjar was paid to EE (R&B), Sathupalli division vide cheque no. 953309, dt. 01.04.2021 and the work is under Progress.

¶710

For 4 No. of RO plants (Two at Rejarla Village, one at NTR Nagar, one at Vengalrao Nagar) for which tender is awarded.

¶711

Work of construction of CC roads for a length of 1 km. near Goutam model school, NTR Nagar, Sathupalli is taken up at accost of Rs. 62.00 Lakhs. Tenders were floated and date of opening of bids is 18.08.2021.

¶712

8.0 acres of land has been identified at a cost of Rs. 1.60 Crores for dumping of solid waste by Sathupalli municipality and will be handed over soon after acquisition of land.

¶713

Drilling of 30 Nos. of deep borewells is proposed to take up for drinking water in surrounding villages such as Kistaram, Rejarla and Kothuru of Sathupalli at a cost of Rs. 55.50 Lakhs. Tenders were floated and date of opening of bids is 18.08.2021.

¶714

Construction of community hall at Rejarla under Community Resource Augmentation plan is taken up at a cost of Rs. 75.00 Lakhs and reportedly tendering action is under progress.

¶715

(iv). Presently no violation has been observed in the mode of coal transport and erection of railway siding and conveyor belt needs to be completed at the earliest since, no coal transport shall be made by road beyond 31.12.2021. Status of progress of JVROC Private Railway Siding works at Sathupalli as on 04.08.2021 is furnished below:

¶716

Sl. No	Description/ Agency/	Status
1.	Construction of Major Bridge Sri. T. Suresh Kumar Reddy Sanctioned cost: 5.46 Cr	Raft portion completed and side walls concreting work in progress
2.	Formation of Earthen Embankment & construction of Minor Bridges M/s SSNR – RVR (JV) Sanctioned cost: 17.90 Cr	Total earth excavated in cutting portion of the track is about 2,58,000 cum out of 3,67,000 Cum. Formation materials for about 11,000 Cum collected against 1,00,000 Cum Minor bridge 50% of raft concreting complete

¶717

Page 111 of 136

¶718

Sl. Description/
Status
No Agency/
3. Construction of R/w Retaining wall on track side completed.
for diversion of nala Other side: For 120m up to 2.7m high
at railway siding. completed against 3.0m. For 30m, up to bed
M/s Krishi level complete and further work is in progress.
Constructions Pvt Ltd
(JV)
Sanctioned cost: 3.42
Cr
4. Supply & stacking of About 15,000 Cum supplied out of 32,000 Cum
Ballast
M/s Srinivasa Edifice
Pvt. Ltd
Sanctioned cost:4.00
Cr.
5. Track Linking works Work was awarded
M/s Sandhya
Constructions
Sanctioned cost: 11.67
Cr.
6. Misc. Civil Works: Award letter to be issued vide letter No.
Const. of buildings, KGM/CVL/DB-2022/1368 dated 18.05.2021.
CC platforms for Soils samples at proposed S&T building
inspection between locations collected by JNTU Manthani team on
tracks, Drains, Misc. 19.07.2021 for SBC.
works etc.,
M/s BnB infracon India
Pvt Ltd
Sanctioned cost: 10.40
Cr.
7. Construction of ROB This work is being taken up by the R&B Dept
(R&B) dept., on depositary terms. An amount of Rs.
Sanctioned cost: 39.90 19.95 Cr. Deposited. Abutments completed
Cr. and Pier work in progress.
8. Procurement of Rails About 424 MT supplied out of 1143 MT
M/s Sail
9. Procurement of Total order quantity supplied
Sleepers
M/s Dayal wood works
Pvt Ltd.
10. OHE Approval has been accorded to execute this
work through SCR under deposit basis and
amount of Rs.5.99 Cr. Tenders called for and
Letter of Acceptance was issued by Railways.
11. S&T Letter of Intent issued to M/s Indian Port Rail
& Ropeway Corporation Ltd. on
03.05.2021. Estimate submitted to Railways &
clearance obtained. Tenders floated by M/s
IPRCL.

¶719

(v) Free mobile medical camps organized in nearby villages have been temporarily suspended due to Covid 19 Pandemic and project authority assured to resume shortly.

¶720

(vi) Project authority informed that they are ensuring regular calibration of Seismographs – Minimate used for monitoring the vibrations as advised.

¶721

Page 112 of 136

¶722

33. This Tribunal had also considered the compliance report submitted by

¶723

the project proponent in the form of hardcopy dated 10.08.2021, extracted

¶724

in Para (4) of order which reads as follows:-

¶725

“Compliance report filed on behalf of the Singareni Collieries Company Limited, the Respondent No.3 in OA No.20/2021 and Respondent No.1 in OA No.174/2020

¶726

The Hon'ble Tribunal has directed to submit the compliance report regarding the recommendations given along with their objections to the committee report if any, regarding the observations and further directed till the environmental clearance is granted for the expanded quantity, the project proponent is directed not to do any mining operation exceeding the permitted limit and shall mine only the quantities for which permission has been accorded as on date.

¶727

1. The Singareni Collieries Company Limited (hereinafter referred to as the Respondent Company) has filed detailed counters in OA Nos.20/2021 and 174/2020, which may be read as part and parcel of this Application.

¶728

2. Regarding blast induced vibrations detected at the NTR Nagar, it is submitted that at the beginning of mine operations in JVR OC-I Exp. in 2007, NTR Nagar was 2.0 Km away from quarry. During 2016-17, quarry operations extended towards NTR colony up to a distance of 670 m., which is beyond the danger zone (500 m.) stipulated by the DGMS. So, there is no scope for damage to the structures of NTR Nagar due to the blasting operations. During the field inspection by the joint committee, it was established that damage to structures i.e., spalling of slab was due to insufficient reinforcement/ defective construction. Also, out of 14 houses inspected during the committee visit to NTR Nagar, only 8 houses were found damaged whereas others were intact. Most of the houses in NTR Nagar were constructed in 1985 under a Government Scheme. The relief to damaged houses may be met by District Authorities from the DMFT funds deposited by the Respondent Company.

¶729

3. In respect of contribution of Rs.161.40 crores towards DMFT Fund from JVR-OC Project, it is submitted that District Authorities are the Appropriate Authorities to utilize the contributions made towards DMFT by the Respondent Company for taking up developmental activities including repair of houses in the nearby villages of the project.

¶730

4. It is submitted that with regard to exceeding of coal production by the Respondent Company than the sanctioned capacity, it is submitted that the Respondent Company obtained Environment Clearance for JVR OC-I Expansion for the enhanced capacity of 5.00 MTPA. Vide Lr.No. F.No.2377/2018-IA(III), Dated: 1st February, 2021(Enclosed as Annexure-I). Presently, all mining operations except extraction of coal (due to exhaustion of reserves) are continuing in JVR OC-I expansion project as per the EMPs

¶731

Page 113 of 136

¶732

approved by MoEF&CC. Also, the coal production in the ongoing JVR OC-II is carried out within the sanctioned EC capacity. Further, the Respondent Company is comitted to implement remediation plan and natural and community resource augmentation plan in the project as per schedule as stipulated by MoEF&CC and the present status of works taken up by the company under the plan are as follows:

¶733

(a) The Company deposited an amount of Rs. 20.00 Lakhs with Forest Divisional Officer, Sathupalli vide cheque no. 952748, dt. 01.03.2021 for development of New Urban Park, which is under execution.

¶734

(b) An amount of Rs. 6,00,000/- (Rupees Six Lakhs only) was paid to Municipal Commissioner, Sathupalli vide cheque no. 953320, dt. 16.04.2021, for providing Bio-Toilets in Sathupalli town. Municipal Commissioner informed vide Lr. No. Roc E/483/2021-22, dt. 04.08.2021 that construction of bio-toilets is under progress.

¶735

(c) An amount of Rs.4.60 Crores (out of Rs. 5.67 Crores of budget plan) for repair of road from Sathupalli to V.M Banjar was paid to EE (R&B), Sathupalli division vide cheque no. 953309, dt. 01.04.2021 and the work is under Progress.

¶736

(d) For 4 No. of RO plants (Two at Rejarla Village, one at NTR Nagar, one at Vengalrao Nagar), installation work is under progress and will be commissioned within 2 months.

¶737

(e) Work of construction of CC roads for a length of 1 km. near Goutam model school, NTR Nagar, Sathupalli is taken up at accost of Rs. 62.00 Lakhs, for which tenders were floated.

¶738

f) 8.0 acres of land has been identified at a cost of about Rs.1.60 Crores for dumping of solid waste by the Sathupalli municipality and land will be handed oven soon after the acquisition.

¶739

(g) Drilling of 30 Nos, of deep borewells is taken up for drinking water in surrounding villages such as Kistaram, Rejarla and Kothuru of Sathupalli at a cost of Rs. 55,50 Lakhs, for which tenders were floated.

¶740

(h) Construction of community hall is taken up at Rejarla under Community Resource Augmentation plan at a cost of Rs. 75.00 Lakhs and tendering action is under progress.

¶741

5. It is submitted that for environmental compensation, it is submitted that, vide S.O.No. 804 (E), dt. 14.03.2017 issued by MoEF&CC, in case of expansion of existing projects entailing capacity addition, prior environmental clearance has to be obtained under the Environment Impact Assessment Notification, 2006 as a case of violation.

¶742

6. Accordingly, MoEF&CC prescribed the Terms of Reference for the project stipulating for an assessment of ecological damage and economic benefit derived due to violation on account of excess production and prepare remediation plan and natural and community resource augmentation plan.

¶743

Page 114 of 136

¶744

7. It is submitted that as per the directions of MoEF&CC, an assessment of ecological damage due to excess coal production was done and accordingly environmental compensation was estimated by i) considering the economic benefits arrived on account of excess coal production and ii) towards remediation measures to offset the damage caused to environment.

¶745

8. The summary of amounts (Rs. 26.67 Crores) which are allocated for Remediation Plan, Natural Resource Augmentation Plan and Community Resource Augmentation Plan is given below.

¶746

The project proponent also submitted a bank guarantee equivalent to the amount of remediation plan and Natural and Community Resource Augmentation Plan with the State Pollution Control Board and will be released after successful implementation of the remediation plan and Natural and Community Resource Augmentation Plan, and after the recommendation by regional Office of the Ministry, Expert Appraisal Committee and approval of the Regulatory Authority.

¶747

9. It is submitted that for violation on account of excess production environmental compensation has already been addressed in the Remediation Plan, Natural Resource and Community Resource Augmentation Plan approved by MoEF&CC.

¶748

10. In reply to the progressive mine closure activity and reclamation of mined out area as per the approved Mining Plan, it is submitted that Mining plan (II Revision) & Mine closure plan of JVR OC-I Expansion was approved by Ministry of Coal (MOC) on 17.11.2014 and accordingly, ESCROW account (No. 62410659580) was executed and an amount of Rs. 41.97 Crores (Including interest) was deposited till 2018-19 and progressive mine closure activities were carried out in JVR OC-1. 3rd party auditing of progressive mine closure activities of JVR OC-I, for the period 2013-14 to 2017-18//yes also produced by NEERI, Nagpur in the year 2019-20 in claim refund of amounts deposited in ESCROW account as per the provisions of the Mine closure guidelines issued by MoC on 07.01.2013

¶749

11. Further, it is submitted that the progressive mine closure activities of JVR OC-II was carried out as per the approved Mining plan & Mine closure plan of JVR OC-II approved by MOC on 10.02.2016 and also an ESCROW account (No. 62479860754) was executed and an amount of Rs. 4.38 Crores were deposited up to 2019-20 .The Mining plan (Ist Revision) including Mine Closure Plan JVR OC Mine (I& II Expansion), 10 MTPA was approved by

¶750

Page 115 of 136

¶751

MOC on 29.03.2019 and the project area of this mine includes both the project areas of JVR OC-I Expansion and JVR OC-II project. As per the approved Mining Plan and Mine Closure Plan of JVR OC Mine (1& II Expansion), ESCROW accounts of JVR OC-I Expansion (No. 62410659580) and JVR OCII project (No. 62479860754) were made into single account in respect of JVR OC Mine (I&II Expansion) integration project (No. 38357911529) and the entire amount of Rs. 52.17 Crores (with interest) deposited in individual accounts was transferred to the new account as per the MoC guidelines. Hence, no refund claim is made so far on account of mine closure activities. Presently, mine closure activities are being carried out as per the approved mining plan and mine closure plan of JVR O.C-I and JVR OC-II mines. However, the mine closure activities of both JVR OC-1 and JVR OC-II projects will be carried out as per the mining plan and mine closure plan of JVR OC Mine (I&II Expansion) approved by MOC after obtaining necessary Environment Clearance for the amalgamated project.

¶752

12. In respect of mode of coal transport, it is submitted that the work of railway line construction, railway siding and conveyor belt are under progress and efforts are being made for completion of these works before 31.12.2021.

¶753

13. It is submitted that regarding to the provision of potable drinking water to the NTR Nagar, an amount of Rs. 1.17 Crores was allocated for setting up RO plants of 1000 litre capacity in 12 villages including NTR Nagar @ 9,00,000 per unit. Firm Order has been issued for installation of 4 RO plants, two in Rejarla Village, one in NTR Nagar, one at Vengalraonagar during 1st year and the work is under progress.

¶754

14. In reply to the mobile medical camps, it is submitted that the Respondent Company is organizing mobile medical camps in the surrounding villages of JVROC mines on every Friday of the week on rotational basis. The service is temporarily discontinued due to corona pandemic conditions and will be resumed shortly.

¶755

15. It is submitted that in respect of the safety as well as pollution control mechanism, it is submitted that the Respondent Company has been implementing various pollution mitigation measures for controlling air, water, noise and soil pollution. Also, the environmental monitoring has been carried out in and around the mining areas through EPTRI, Hyderabad, a CPCB recognized and NABL accredited State Laboratory. The monitored data indicates that pollutant concentrations are within the stipulated norms as stipulated by regulatory authorities. TSPCB also conducted pollution monitoring in the mine surroundings and the pollutant concentrations were within the stipulated norms. Though coal mining operations have completed in JVR OC-I due to exhaustion of coal deposits, dumping of overburden in the voids of JVR OC-I Expansion, Coal & OB excavation in JVR OC – II and transportation of coal by road mode were in operation at the time of TSPCB monitoring and joint committee inspection.

¶756

Page 116 of 136

¶757

16. It is submitted that the Respondent Company has been implementing the recommendations made by TSPCB for mitigation of pollution including stoppage of discharge of effluents into Jinugupalli Tank The Respondent Company has taken up extensive plantation in JVR OC mines covering a total area of 331.70 ha. with native plant species so that the survival rate of plants is more than 90%.

¶758

17. In respect of Forest Clearance, it is submitted that approvals were obtained by the Respondent Company for diversion of forest land involved in JVR OC mines.

¶759

18. In respect of ensuring regular calibration of seismographs minimate used for monitoring the vibration, it is submitted that Calibration of Seismographs (Minimate instrument) used for monitoring of ground vibrations is being presently done through Ultra Enviro-Systems (P) Ltd New Delhi, an authorized calibration centre on yearly basis. The instruments were previously calibrated on 21.12.2020 and next due date of calibration is 21.12.2021.

¶760

In view of the above, it has been taken necessary measures and complied regarding the direction of this Hon‟ble National Green Tribunal

¶761

(SZ).”

¶762

34. On that day, this Tribunal had directed the project proponent to e-file the report extracted above.

¶763

35. The MoEF&CC as well as the project proponent have filed their written submissions.

¶764

36. Heard Mr. Sravan Kumar, the learned counsel for the applicant in both these cases, Mr. A. Sanjeev Kumar, Special Government Pleader, State of Telangana for the project proponent viz., SCCL and Mrs. H. Yasmeen Ali for the State Department, Mr. T. Sai Krishnan for the Telangana State Pollution Control Board, Mrs. Me. Saraswathy for MoEF&CC.

¶765

37. The learned counsel appearing for the applicant argued that the report submitted by the Joint Committee will go to show that there were large scale violations and excess mining was also done and pollution is being

¶766

Page 117 of 136

¶767

caused on account of their activities. The quantum of compensation assessed by the Joint Committee is very less, as they have not calculated any compensation for the excess mining and also considering the nature of pollution caused, quantum of compensation assessed is very low and the learned counsel prayed this Tribunal to pass appropriate orders and also wanted this Tribunal to consider the impact of pollution on agricultural lands and suitable orders also may be passed.

¶768

38. On the other hand, the learned Special Government Pleader for the State of Telangana appearing for the SCCL argued that they are complying with all the conditions. In respect of excess mining is concerned, it is for the Department to take action and they have given reasons as to why there is no necessity to issue further environmental compensation, as it may amount to double jeopardy. Further, prosecution has been launched under the Environment (Protection) Act, 1986 for violation and the MoEF&CC had considered the expansion project as violation case and they have taken into consideration all these aspects and also imposed certain conditions which includes the compensation aspect as well and as such, there is no necessity to issue any further order in respect of compensation.

¶769

39. The learned Special Government Pleader further argued that they will abide by the directions issued by this Tribunal and being a State owned public sector unit, they are committed to protect environment and they are carrying on all necessary pollution control mechanisms and they are also providing facilities to the people who are likely to be affected on account of operation of the unit by utilizing their Corporate Social Responsibility fund earmarked for this purpose.

¶770

Page 118 of 136

¶771

40. The learned counsel appearing for the MoEF&CC argued that in respect of violation etc. are concerned, they have considered these aspects and certain compensation was also imposed viz., to the tune of Rs.26,67,00,000/- (Rupees Twenty Six Crores and Sixty Seven Lakhs only) towards implementation of remediation plan and natural and community resources augmentation plan. The SCCL had already submitted the Bank Guarantee to the above said amount which is being utilized to implement the remediation plan and natural community resources augmentation

¶772

plan.

¶773

41. The learned counsel further argued that the amount of compensation arrived at by the MoEF&CC is higher than the environmental compensation arrived based on the methodology prescribed by the CPCB. As regards the transport of coal by road is concerned, the time was extended upto 31.12.2021 at the request of the SCCL for laying railway track and till then, they were permitted to take coal by road covering the trucks with Tarpaulin and water sprinkling mechanism on the internal roads to avoid dust pollution. The water quality and other aspects seen at the time of inspection are meeting the standard. So, they prayed for passing appropriate orders which they will implement against

¶774

the 3^rd Respondent.

¶775

42. We have considered the pleadings, reports submitted by the Joint Committee and State Pollution Control Board, written submissions and also the oral submissions made by the learned counsel appearing for both sides.

¶776

Page 119 of 136

¶777

43. The points that arise for consideration are:-

¶778

(i) Whether there was any illegal mining and if so, what is the quantum?

¶779

(ii) Whether there was any violation of conditions in the Environmental Clearance (EC) and Consent granted committed by the SCCL?

¶780

(iii) Whether there was any excess mining done by the SCCL than the permission granted?

¶781

(iv) Whether there was any pollution caused on account of the activities of the SCCL?

¶782

(v) Whether there was any damage caused to the environment on account of the operation of the SCCL unit?

¶783

(vi) If there is any violation and damage caused to the environment, what is the quantum of compensation to be recovered from the SCCL including for the excess mining, if any, done by them?

¶784

(vii) Whether there is any damage caused to the houses situated near the project area and also to the agricultural lands as alleged and if so, what is the quantum of compensation payable to them?

¶785

(viii) What is the nature of directions, if any, to be given for compliance by the SCCL applying the “Precautionary Principle” to avoid further pollution and damage caused to the environment and to redress the grievances of the people residing in and around the project area?

¶786

(ix) Relief and costs.

¶787

Page 120 of 136

¶788

POINTS:

¶789

44. The grievance of the applicants in both these cases was that the SCCL, a Government owned public sector undertaking corporation dealing with Opencast Coal Mining has conducted their operation without necessary clearances and also in violation of the conditions of the Environmental Clearance (EC) granted and also doing excess mining, causing pollution to the neighbouring water bodies and properties of the residents of the locality both air and sound. Damage being caused on account of indiscriminate unscientific manner in which blasting was being done. Though there was a condition not to transport coal by road, they are violating with the conditions without complying with the pollution control mechanism.

¶790

45. As regards the violation aspect is concerned, it was in a way admitted by the SCCL themselves that they have done excess mining than the permitted quality of 2.5 MTPA and when they applied for expansion of the project from 2.5 MTPA to 5 MTPA, it was treated as a violation case by the MoEF&CC and proceedings were initiated on that basis by filing a complaint under Section 19 of the Environment (Protection) Act, 1986 and that was pending before the First Class Judicial Magistrate, Sathupalli, Khammam District, Telangana State as C.C. No.1075 of 2020.

¶791

46. It is also an admitted fact that as a part of remediation measure, considering the ecological damage caused on account of excess mining and restore the damage caused to the environment, remediation plan was directed to be prepared by the MoEF&CC and accordingly, the SCCL had

¶792

Page 121 of 136

¶793

prepared the Environment Management Plan and they have assessed the amount required for remediation as Rs.26,67,00,000/- (Rupees Twenty Six Crore and Sixty Seven Lakhs only) and that was directed to be deposited by way of Bank Guarantee with the Telangana State Pollution Control Board till the same is implemented by the SCCL and only after implementation of the same, it can be permitted to be withdrawn by the SCCL and that amount was already deposited by the SCCL. So, it is clear from this that the SCCL had committed violation of conditions in Environmental Clearance (EC) granted and proceedings have been initiated.

¶794

47. As regards the complaint of pollution is concerned, the Joint Committee appointed by this Tribunal, after conducting the Ambient Air Quality and Vibration Study, found that the Ambient Air Quality and the sound level are within the permissible limit and the pollution control mechanism provided by the SCCL is adequate and that is not causing any dust pollution as claimed by the applicants.

¶795

48. It was also found by the Joint Committee that there was no discharge of

¶796

any untreated water from the mine into the nearby lake Jeenugupally water tank and they are collecting the same in a collecting pond and only after proper treatment, discharging the same into the water body till the mining operations of JVOCR – I in progress and that was stopped, as the mining quantity has been exhausted in 2020 and thereafter, there was no discharge made. Now, they are adopting the Zero Liquid Discharge system and treated water is being provided for irrigation purpose on request to the neighbouring agricultural lands.

¶797

Page 122 of 136

¶798

49. As regards the vibration due to blasting is also concerned, the vibration was monitored with the help of DG of Mines Safety and there was no vibration experienced at any of the houses situated near the quarrying area and it was also mentioned that blasting is being done within the safety distance as provided under the permissions granted to them. But at the same time, the Joint Committee found that there are certain cracks and peeling of concrete on the roof of some of the houses found and according to them, houses were constructed during 1980 and there was no material available regarding the vibration level caused on account of the mining operation during the relevant time and the committee came to the conclusion that the damage caused to the houses could be partially due to poor maintenance and structural defects and partially due to the vibration caused on account of blasting conducted by the SCCL and they will have to be adequately compensated for that purpose and that was either to be paid by the project proponent/SCCL or from the District Mineral Fund as directed by this Tribunal.

¶799

50. As regards the violation of conditions of transport of coal by road as against the Environmental Clearance (EC) conditions is concerned, it was seen from the documents produced by the MoEF&CC and the SCCL that from time to time, on the request of the SCCL, time for construction of railway line to transport the coal was extended and permission was granted to the SCCL to take coal by road by adopting pollution control mechanism by covering the vehicles carrying coal by tarpaulin and that time was extended till 31.12.2021. So, under such circumstances, it cannot be said that there was violation of Environmental Clearance (EC) condition in respect of transport of coal.

¶800

Page 123 of 136

¶801

51. The Joint Committee appointed by this Tribunal, after conducting a

¶802

detailed study, given the following conclusions and recommendations:-

¶803

“Conclusion and Recommendations:

¶804

¶805

¶806

(iii). Respondent Project authority (SCCL) undisputedly exceeded the production capacity than the sanctioned capacity by not complying with the stipulated calendar plan including excavation & quantum of coal and thus violated the EC and Consent accorded. In this regard credible legal action has already been initiated by the Telangana State PCB and the matter is under subjudice. Further, as approved by the MoEF&CC, the project authority, has also executed a bank guaranty of an amount of Rs. 26,67,00,000/- (rupees twenty-six crores and sixty seven lakhs) to the TSPCB towards implementation of remediation plan and natural and community resource augmentation plan. The project authority shall implement the same within 3 years as stipulated by the MoEF&CC.

¶807

(iv). The Committee has not arrived an environmental compensation again, considering the facts that there is no any further direction in this regard from the Hon‟ble Tribunal in its subsequent Order dated 21.01.2021 and also again arriving environmental compensation for the same violation would lead to double jeopardy.

¶808

(v). The project authority has implemented the progressive mine closure activity and reclamation of mined out area as per the approved Mining Plan.

¶809

Page 124 of 136

¶810

Considering the facts mentioned above under para (II)(a)-(e), the Joint Committee observed that the implementation of final Mine Closure plan does not arise now to JVR-OC-I Expansion project. Project authority so far has not claimed the amount of Rs. 41.9107 Crores deposited in the ESCROW Account, after completing the third-party audit. The said amount shall not be transferred to the amalgamated project of JVR-OC-I and JVR-OC-II in order to ensure effective implementation. if Hon‟ble Tribunal desires to get more clarification on the issues of implementation of final mine closure plan, the details may be obtained from the regulatory authority impleading Ministry of Coal as a Respondent in the above O.As.

¶811

(vi). Presently no violation has been observed in the mode of coal transport. Project authority shall expedite and complete the erection of railway siding and conveyor belt well in advance. No coal transport shall be made by road beyond 31.12.2021.

¶812

(vii). Project authority shall provide potable drinking water to the nearby villages inter-alia to the NTR Nagar by installing RO plants immediately and shall be maintained by the project authority for 3 years as stipulated by the MoEF&CC.

¶813

(viii). Though the mobile medical camps are regularly conducted, Project authority shall make a uniform schedule for the visit of doctors / mobile medical camp in nearby villages in a fixed day and time in each village in order to avail the facility by the residents.

¶814

(ix). Safety as well as pollution control mechanisms provided appears to be sufficient. Monitored analytical data show that there is no any Air, Water, noise and soil pollution as alleged. Necessary green belt has also been developed.

¶815

(x). No violation has been observed on the alleged Forestry Clearance accorded.

¶816

(xi). Project authority shall ensure regular calibration of Seismographs – Minimate used for monitoring the vibrations.”

¶817

52. Further, the Joint Committee has come to the conclusion that while transporting the coal, there was no possibility of pollution being caused, as it is being covered by tarpaulin sheets and water sprinkling is also being done to suppress the dust that is being caused on account of the transportation. So, from the report of the Joint Committee, it is clear that except excess mining and also partial cause for damage to the houses on

¶818

Page 125 of 136

¶819

account of the vibration caused during blasting, at the earlier stage, there was no other violation noted by the Joint Committee.

¶820

53. Further, the Joint Committee has also come to the conclusion that there was no necessity for imposing any further environmental compensation even for the excess mining, as while considering the question of granting Environmental Clearance (EC) for expansion of the project treating this as a violation category directed them to provide a Bank Guarantee of Rs.26,67,00,000/- (Rupees Twenty Six Crores and Sixty Seven Lakhs only) as part of remediation process and that amount was deposited by the SCCL with the Telangana State Pollution Control Board and they were also taking steps for implementing the remediation plan. But assessing compensation for excess mining and directing them to carry out remediation plan for the damage caused to the environment and ecology stands in a different footing as has been observed by the Hon’ble Apex Court in the Common Cause Vs. Union of India (2017) 9 SCC 499 and Lafrage Umiam Mining Private Limited Vs. Union of India & Ors. (2011) 7 SCC 338 .

¶821

54. It is seen from the report that excess mining was done at the instance of

¶822

the Government to meet the supply of coal to thermal power stations to meet the power demand. It may be mentioned here that though it is a Government owned corporation, they are not expected to exploit natural resources, as no one including the Government said to be the owners of the natural resources are only the trustees to hold the natural resources to be used in a scientific manner so as to make the natural resources available for the generation to come, applying the “Doctrine of Public

¶823

Page 126 of 136

¶824

Trust” . If excess mining was done by a private party, then normally 100% value of the mined article apart from imposing penalty under 21 (5) of the MMDR Act, 1957 will have to be imposed on the basis of the directions given by the Hon’ble Apex Court in Common Cause‟s case cited supra and in the notification issued by the MoEF&CC in respect of procedure to be adopted/followed in violation cases of Notification, 2017, they will have to given an undertaking that they will strictly abide by the directions issued in Common Cause‟s case. It is not a sovereign function of the Government to give immunity against any action but the Government is doing business activity and they are earning profit out of such business

¶825

activity.

¶826

55. It is seen from the report that the SCCL had paid the necessary royalty and seigniorage fee for the excess mining done, but that alone will not be sufficient, as they have earned profit out of the same, though it may be used for the Government purposes. But that will not be a ground for exonerating them from the liability to pay compensation for excess mining. Further, it cannot be said to be a double jeopardy as observed by the Joint Committee. It is also seen from the Joint Committee that on account of excess mining, they earned a profit of Rs.588.60 Crores in 11 years and 3% of that amount namely, Rs.17.65 Crores has to be contributed to remediation and including this amount, an amount of Rs.26,67,00,000/- (Rupees Twenty Six Crores and Sixty Seven Lakhs only) was directed to be produced as Bank Guarantee, which they have produced. The Government Corporations are expected to be more law abiding and if any leniency or discrimination is shown for committing violation, then it is very difficult to maintain the rule of law, if any

¶827

Page 127 of 136

¶828

violations were committed by other persons. There will not be any moral right for the regulators to take action against others, if similar violations were committed by them.

¶829

56. In Common Cause Vs. Union of India (2017) 9 SCC 499 , the Hon’ble Apex Court dealing with the mining done without Environmental Clearance (EC) was declared to be an illegal mining and the environmental compensation has to be levied, apart from any penalty to impose under Section 21 (5) of the MMDR Act, 1957 and that has to be calculated by the Mining Department. So, the Mining Department is directed to calculate the penalty payable for the excess mining done in view of the directions issued by the Hon’ble Apex Court in Common Cause‟s case, as even at the time when it was treated as a violation case, the project proponent/SCCL has filed an undertaking that they will abide by the directions issued by the Hon’ble Apex Court in Common Cause‟s case.

¶830

57. Considering the period of violation, we feel that instead of 3% (Three percent), 10% (Ten percent) of the profit namely, R.58.86 Crore (Rs.588.60 Crore x 10%) can be imposed as compensation for excess mining and deducting Rs.17.65 Crores which was directed to be utilized for remediation purpose, the balance amount of Rs. 41.21 Crores will have to be paid by the Singareni Collieries Company Limited (SCCL) as compensation for excess mining done by them and this amount will have to be paid to the Telangana State Pollution Control Board within a period of 3 (Three) months. This is in addition to the amount levied by the MoEF&CC for remediation.

¶831

Page 128 of 136

¶832

58. The Telangana State Pollution Control Board in consultation with the District Collector of the concerned area, identify the persons whose houses have been damaged as observed by the Joint Committee partially due to vibration caused on account of blasting during the initial stages and the amount required for repairing the houses will have to quantified and the same will have to be paid to those persons whose houses have been identified as damaged on account of the operation of the Singareni Collieries Company Limited (SCCL) and this amount will have to be realized from SCCL. The environment compensation amount will have to be utilized for the purpose of preparing a welfare scheme for protecting the welfare and interest of the people who are residing in and around the coal mining area who are likely to be affected by the project activities and also a portion of the out of compensation will have to be utilized for meeting the welfare of the Tribal settlement, if any, situated in Khammam District or nearby districts. Mode of welfare scheme etc. will have to be evolved by the Committee appointed by this Tribunal for this purpose.

¶833

59. The preparation of scheme must be in consultation with the Chief Secretary to Government, State of Telangana and the Special Chief Secretary to Government - Department of Environment, Science & Technology and that will have to be jointly implemented by the State Pollution Control Board and the concerned District Collector.

¶834

Page 129 of 136

¶835

60. The Singareni Collieries Company Limited (SCCL) is directed to comply with the recommendations of the Joint Committee and also conditions imposed in the Environmental Clearance (EC) already granted and subsequently granted for their combined expansion project, enhancing the capacity to 5 MTPA. The expanded project can be permitted to be carried by the project proponent namely, the Singareni Collieries Company Limited (SCCL) after complying with the direction issued by the MoEF&CC while granting the Environmental Clearance (EC) as violation case and also after depositing the amount as directed by this Tribunal as compensation for excess mining done over and above the permitted quantity mentioned in the Environmental Clearance (EC) earlier granted.

¶836

61. In order to monitor the implementation of certain CSR Projects said to have been launched by the project proponent, we appoint a Joint Committee under the chairmanship of the Special Chief Secretary to Government, Department of Environment, Science and Technology, State of Telangana with following members (i) a Senior Officer from the Integrated Regional Office, MoEF&CC, Hyderabad, and (ii) the District Collector – Khammam District and they are directed to monitor the compliance of the Environmental Clearance (EC) conditions and also the projects said to have been launched by the SCCL in compliance with the direction issued in the Environment Remediation Plan as well as their CER activities and if they did not comply with the same, the MoEF&CC is directed to take appropriate action for violation of the conditions of the Environmental Clearance (EC) against the SCCL.

¶837

Page 130 of 136

¶838

62. The Telangana State Pollution Control Board is directed to monitor the pollution control mechanism and compliance of conditions in the Environmental Clearance (EC) and Consent granted periodically and if there is any violation found, then they are directed to take appropriate action against the SCCL in accordance with law.

¶839

63. The Singareni Collieries Company Limited (SCCL) is also directed to take all necessary precautions to avoid complaints of pollution being caused on account of their operation both air and soil and also control the vibration and sound that is likely to be emanated during blasting operation to avoid complaints from the nearby residents.

¶840

64. The Singareni Collieries Company Limited (SCCL) is also directed to provide necessary greenbelt and also other pollution control mechanism to avoid air and dust pollution being caused. They are also directed not to discharge any trade effluents or liquid waste generated during the operation of their mine and they are directed to strictly implement the ZLD within their unit.

¶841

65. The Singareni Collieries Company Limited (SCCL) is also directed to expedite the laying of railway track and complete the same and take steps to transport the coal using railway line instead of road as directed to be complied with within the timeline specified in the Environmental Clearance (EC) granted.

¶842

66. The points are answered accordingly.

¶843

Page 131 of 136

¶844

67. In the result, both these applications are allowed in part and disposed

¶845

of with the following directions:-

¶846

(i) The Singareni Collieries Company Limited (SCCL) is directed to pay a compensation of Rs.41.21 Crores [i.e. Rs.58.86 Crores (10% of the profit) - Rs.17.65 Crores (3% of the profit) which was directed to be adjusted towards the remediation plan] within a period of 3 (Three) months with the Telangana State Pollution Control Board and if the amount is not paid within that time, the State Pollution Control Board is directed to take steps to recover the amount from them by requesting the District Collector to initiate revenue recovery proceedings.

¶847

(ii) The Mining Department is directed to calculate the penalty payable for the excess mining done in view of the directions issued by the Hon’ble Apex Court in Common Cause Vs. Union of India (2017) 9 SCC 499 , as even at the time when

¶848

it was treated as a violation case, the project proponent/SCCL has filed an undertaking that they will abide by the directions issued by the Hon’ble Apex Court in Common Cause‟s case cited supra.

¶849

(iii) The Telangana State Pollution Control Board in consultation with the District Collector of the concerned area, identify the persons whose houses have been damaged as observed by the Joint Committee partially due to vibration caused on account of blasting during the initial stages and the amount required for repairing the houses will have to quantified and the same will have to be paid to those persons whose

¶850

Page 132 of 136

¶851

houses have been identified as damaged on account of the operation of the Singareni Collieries Company Limited (SCCL) and this amount will have to be realized from SCCL. The environment compensation amount will have to

¶852

be utilized for the purpose of preparing a welfare scheme for protecting the welfare and interest of the people who are residing in and around the coal mining area who are likely to be affected by the project activities and also a portion of the out of compensation will have to be utilized for meeting

¶853

the welfare of the Tribal settlement, if any, situated in Khammam District or nearby districts. Mode of welfare scheme etc. will have to be evolved by the Committee appointed by this Tribunal for this purpose.

¶854

(iv) The preparation of scheme must be in consultation with the Chief Secretary to Government, State of Telangana and the Special Chief Secretary to Government - Department of Environment, Science & Technology and that will have to be jointly implemented by the State Pollution Control Board and the concerned District Collector.

¶855

(v) The Singareni Collieries Company Limited (SCCL) is directed to comply with the recommendations of the Joint Committee and also conditions imposed in the Environmental Clearance (EC) already granted and subsequently granted for their combined expansion project, enhancing the capacity to 5 MTPA. The expanded project can be permitted to be carried by the project proponent namely, the Singareni Collieries Company Limited (SCCL)

¶856

Page 133 of 136

¶857

after complying with the direction issued by the MoEF&CC while granting the Environmental Clearance (EC) as violation case and also after depositing the amount as directed by this Tribunal as compensation for excess mining done over and above the permitted quantity mentioned in the Environmental Clearance (EC) earlier granted.

¶858

(vi) In order to monitor the implementation of certain CSR Projects said to have been launched by the project proponent, we appoint a Joint Committee under the chairmanship of the Special Chief Secretary to Government, Department of Environment, Science and Technology, State of Telangana with following members (i) a Senior Officer from the Integrated Regional Office, MoEF&CC, Hyderabad, and (ii) the District Collector – Khammam District and they are directed to monitor the compliance of the Environmental Clearance (EC) conditions and also the projects said to have been launched by the SCCL in compliance with the direction issued in the Environment Remediation Plan as well as their CER activities and if they did not comply with the same, the MoEF&CC is directed to take appropriate action for violation of the conditions of the Environmental Clearance (EC) against the SCCL.

¶859

(vii) The Telangana State Pollution Control Board is directed to monitor the pollution control mechanism and compliance of conditions in the Environmental Clearance (EC) and Consent granted periodically and if there is any violation

¶860

Page 134 of 136

¶861

found, then they are directed to take appropriate action against the SCCL in accordance with law.

¶862

(viii) The Singareni Collieries Company Limited (SCCL) is also directed to take all necessary precautions to avoid complaints of pollution being caused on account of their operation both air and soil and also control the vibration and sound that is likely to be emanated during blasting operation to avoid complaints from the nearby residents.

¶863

(ix) The Singareni Collieries Company Limited (SCCL) is also directed to provide necessary greenbelt and also other pollution control mechanism to avoid air and dust pollution being caused. They are also directed not to discharge any trade effluents or liquid waste generated during the operation of their mine and they are directed to strictly implement the ZLD within their unit.

¶864

(x) The Singareni Collieries Company Limited (SCCL) is also directed to expedite the laying of railway track and complete the same and take steps to transport the coal using railway line instead of road as directed to be complied with within the timeline specified in the Environmental Clearance (EC) granted.

¶865

(xi) Considering the circumstances, parties are directed to bear their respective costs in both these applications.

¶866

(xii) The Registry is directed to communicate this order to the official respondents, MoEF&CC, New Delhi and Integrated Regional Office, MoEF&CC, Hyderabad, CPCB, Regional Office, Chennai, Telangana State Pollution Control Board,

¶867

Page 135 of 136

¶868

District Collector – Khammam District, the Special Chief Secretary to Government - Department of Environment, Science & Technology and the Chief Secretary to Government, State of Telangana for their information and compliance of directions.

¶869

68. With the above observations and directions, both these Original Applications are disposed.

¶870

Sd/-
Justice K. Ramakrishnan, JM
Sd/-
Dr. Satyagopal Korlapati, EM
O.A. No.174/2020 (SZ)
O.A. No.20/2021 (SZ)
06 th May 2022. Mn.

¶871

Page 136 of 136

Banothu Nandu Nayak v. Singareni Collieries Company Ltd.

Case brief

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Banothu Nandu Nayak v. Singareni Collieries Company Ltd.

Case brief

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What the court decided

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Voice of Nature Rep. by Its President vs Union of India Rep. by Its Secretary Moef & Cc

Oggu Srinivasa Reddy vs Union of India Ministry of Environment Forest & Climate Change

Rajasekar Shambu vs the Chairman Karnataka State Pollution Control Board

Yelahanka Puttenahalli Lake and Bird Conservation Trust (Regd.) vs Ministry of Environment Forest and Climate Change