Disposed

Tribunal on Its Own Motion Regarding Frequent Accidents Occuring Due to Illegal Mining in Abandoned Coal Mines in Dhanbad Jharkhand v. State of Jharkhand through Chief Secretary

NGT4 Jul 2022Original Application No. 50/2022

Case brief

AI extract

What is this about?

The National Green Tribunal constituted a committee following news reports of illegal mining deaths in Jharkhand. The committee inspected sites at Gopinathpur, Kapasara, Dahibari, and Chanch mines, finding significant failures in closure plans, fencing, and safety measures by mining companies. The Tribunal directed the committee to monitor mine closure implementation and report within four months.

What did the court decide?

Directed the constituted committee to monitor mining operations, ensure strict compliance with remedial measures including mine closure and fencing, and file an affidavit of compliance by 11.11.2022.

Tribunal on Its Own Motion Regarding Frequent Accidents… — Environment and Pollution | NGT (2022)

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Item No. 07

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (Through Video Conferencing)

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Original Application No.50/2022/EZ

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In the matter of:

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Tribunal on its own motion Reg: Frequent Accident Occurring due to illegal coal mines in abandoned coal mines in Dhanbad, Jharkhand

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Applicant(s)

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Versus

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Integrated Regional Office, MoEF & CC, Ranchi Through Senior Scientist, Bungalow No.A-2, Shyamali Colony, Doranda, Ranchi, Jahrkhand-834002

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Central Pollution Control Board Through Senior Scientist, Parivesh Bhawan, East Arjun Nagar, Delhi-110032

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Jharkhand State Pollution Control Board, Through Senior Scientist, H.E.C. Durwa, Ranchi-834004

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District Magistrate, Dhanbad, Station Road, Pandey Muhalla, Dhanbad, Jharkhand-826001

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Director General of Mines Safety Dhanbad, Ministry of Labour and Employment, DGMS Head Office, Sardar Patel Nagar, Dhanbad, Jharkhand-826001

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District Mining Officer, Dhanbad, Combined Building, P.O., P.S. & District- Dhanbad

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Superintendent of Police/Senior Superintendent of Police, NH 32, Near General Post Office, Kasturba Nagar, Dhanbad, Jharkhand-826001

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Respondent(s)

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Date of hearing: 04.07.2022

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

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For Applicant(s) : Suo motu

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For Respondent(s) : Mr. Surendra Kumar, Advocate for R-3, JHPCB

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Mr. Ashok Prasad, Advocate for R-5

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ORDER

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Mr. Surendra Kumar, learned Counsel for Respondent No.3, Jharkhand State Pollution Control Board and Mr. Ashok Prasad, learned Counsel for Respondent No.5, Director General of Mines Safety, Dhanbad, are physically present in court.

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No one is present for the other respondents.

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This matter was taken up suo motu on the basis of a news report published in NDTV News Web Portal on 21.04.2022 as well as India Today, News Web Portal on 01.02.2022 referring to illegal coal mining in abandoned coal mine in Dhanbad, Jharkhand.

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The article mentions that several people are feared trapped in an abandoned coal mine in Dhanbad, Jharkhand after it collapsed during illegal mining. It is stated that the illegal mine is an abandoned coal mine in Chanch Victoria colliery area of Bharat Cooking Coal Limited (BCCL) at Nirsa, 45 km from Dhanbad, Jharkhand.

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The article also mentions that in February at least 05 people had lost their lives in an Eastern Coal Field abandoned mine due to mine collapse at Gopinathpur in Dhanbad during illegal mining and the Government had formed a Special Investigation Team to probe the incident.

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The India Today article dated 01.02.2022 also mentions that another incident had occurred where an illegal coal mine in Dhanbad, Jharkhand had caved in on Tuesday, killing at least 13 workers with many others trapped inside the mine and that this incident took place at Eastern Coal Fields, Mugma area of Nirsa Block of Dhanbad.

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Taking cognizance of the News reports the Tribunal constituted a Committee comprising of the following members: -

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(i) Senior Scientist from Integrated Regional Office, MoEF&CC, Ranchi;

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(ii) Senior Scientist from Central Pollution Control Board;

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(iii) Senior Scientist from Jharkhand State Pollution Control Board;

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(iv) District Magistrate, Dhanbad;

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(v) Director General, Mines Safety Hirapur, Dhanbad or his representative not below the rank of Deputy Director General, CZ, Dhanbad;

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(vi) District Mining Officer, Dhanbad; and

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(vii) Superintendent of Police/Senior Superintendent of Police, Dhanbad

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The Committee was directed to inspect the site with regard to the allegations noted hereinabove and recommend remedial steps/Action Plan with regard to checking and preventing such incidents from happening in future.

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An affidavit dated 29.06.2022 has been filed on behalf of the Ministry of Environment, Forests and Climate Change by the Scientist ‘E’, Integrated Regional Office, Ranchi, Jharkhand, bringing on record an Inspection Report of the inspection site in question carried out by the Committee. The description of the onsite inspection of the mines of Easter Coal Fields (ECL) and Bharat Coking Coal Limited (BCCL), Dhanbad, Jharkhand reads as under: -

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A.Detailed description of the inspection done by committee members at Gopinathpur Colliery Opencast Mine on

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20.05.2022.

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Committee members inspected the Gopinathpur Opencast Coal Mine of M/s ECL. Project officials informed that workings in this part of the opencast workings has been discontinued. There was no coal production being done from the part of the mine under reference during inspection. Project authorities submitted a copy of notice of discontinuance of mine submitted to Director of Mines Safety, Region no II (DGMS) Dhanbad on 20.01.2020.

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Project authorities informed that on 1^st February 2022 five people (04 female and 01 male) had died in an accident in this mine. Death of the above people occurred because of fall of roof (overlying strata) while they were doing illegal mining in old nonworking/discontinued part of the mine in leasehold of Gopinathpur Colliery (opencast mine). Project authorities have submitted a copy of the internal committee (ECL officials) report of incidence occurred on 01.02.2022 at Gopinathpur OCP (copy of the M/s ECL internal committee report enclosed in annexure 1)

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Field observations during inspection of Gopinathpur OPC:

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i. In the rise side of the mine high wall had reached its end since there was Pusai river after approximately 15 m from the face.

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ii. Several horizontal openings were observed in the mine high wall which were either closed/or being closed by overburden material and with the help of Earth moving machine. Some of the opening were still visible. Through those opening, outside people entered the tunnels unauthorizedly and did illegal coal mining. SP (Rural Dhanbad and DMO, Dhanbad informed that they had inspected the site just after the accident date 8i.e., on 02.02.2022. They provided some photographs of the Gopinathpur OCPO accident site that were taken on 02.02.2022. By going through the photographs of 02.02.2022 it is clear that many horizontal openings in coal (mine high wall) were visible on 02.02.2022 that were allegedly made by “illegal/unauthorized miners”. At present i.e., on 20.05.2022 these openings and coal faces were more or less filled by overburden material. However, backfilling by overburden

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material could have been done long back i.e. just after the mine high wall face has reached the distance of approx. 15m from Pusai river and extraction of underlying scams. The working was discontinued since 20.01.2020 and for approximately two years the coal face were exposed giving a chance to unauthorized miners to do illegal mining.

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iii. Here, it is pertinent to mention about the mine closure plan submitted by project proponent. In the Mine Closure Plan for Gopinathpur Colliery prepared by CMPDI (Central Mine Planning and Design Institute- a Subsidiary of Coal India Ltd.) it is mentioned that one of final mine closure goals would be that “the de-coaled voids shall be back-filled up to maximum possible extent in course of mining itself. The balance void will be filled by the OB from nearby external sources (upcoming OC patch or external OB dump). In case the job of backfilling the ‘Last cut void’ could not be carried out, the balance area shall be converted into properly fenced water lagoon.

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iv. Again in section 4.2.1.2 in mine closure plan it is mentioned that “as the mine will advance further towards dip side, the decoaled area on the rise side shall be back-filled, stabilized and reclaimed. The rate of progressive mine closure would almost match with rate of face advance. In course of back-filling sufficient space is kept between the moving face of the quarry and the toe of the in pit dump….”. Under section 4-2-2-1 in page no.14, it is mentioned that “24 ha area would be backfilled……. The back-filled area shall be stabilized and biological reclaimed too”.

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v. One of the important commitment made by PP in mine closure plan was conducting skill development programmes for local people of the vicinity. Such skill development programmes may be in the areas of apparel designing, auto repair, tailoring, candle making, food processing, phenyl and liquid soap making, etc. the trained persons would be given appropriate financial and other aids for starting their own small scale business for self-sustenance. PP has to submit the details of skill

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development programme done for local people for last five years.

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vi. During filed inspection it was observed that PP has not done mine closure as envisaged in their Mine Closure plan. A large portion of the open pit in Gopinathpur was not backfilled. Water was accumulated in lower most portion of mine in one side. The backfilling done to seal the exposed coal faces was also being done recently (since as reported by SP (rural) and DMO Dhanbad there was no such backfilling on 02^nd February, 2022).

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From above description it implies that the illegal/un-lawful mining at Gopinathpur colliery OCP at its highwall face adjacent to Pusai river could have been avoided if Project authorities of Gopinathpur OCP mine had taken up following steps:

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a. Done the backfilling work after Coal highwall face has reached its final place (Since only 15m (approx) distance is left between Pusai river and coal face). Further, the de-coaled area on the rise side should have been back-filled, stabilized and reclaimed. It was also noted that there was no scope for further advancement of coal face/highwall.

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b. At least put O/B material of substantial thickness over coal face so that coal faces were not exposed giving a chance for illegal/unlawful mining. i.e.-the work that are being done after accident-filling of OB material to hide coal faces, could have been done way back in year 2020.

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c. There were several horizontal openings made in the highwall face as can be seen from 02.02.2022 site photos. Those openings would not have been done in one or two days (Since the illegal mining would have been done manually and no earth moving machines would have involved) and several days, even weeks would be required for opening those coal tunnels. PP (Gopinathpur OCP management) and their security set up should give the steps that were taken to stop such coal

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tunnels to be excavated illegally over a large period of time.

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Committee members also inspected the place/parting between the Pusai river and the highwall face of the Gopinathpur OCP. At some portions it appeared that the parting was less than 15m

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Measurement was done for the distance of parting between Pusai river and high wall face. At some places the parting was 13m, 14m. As per provisions of Regulation 149(6) (b0 of the Coal mines Regulations. 2017, no working shall be made in any mine at any spot lying within a horizontal distance of 15met3ers from either bank of river or canal or from the boundary of a lake, tank or other surface reservoir, except with the permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. PP explained that due to erosion at some places the parting was reduced.

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Fencing was visible on one side of the Gopinathpur OCP. However, on the other sides fencing was not provided. SP (Rural) and DMO Dhanbad informed that there was no fencing visible on 02.02.2022 (day after accident. PP informed that they have provided fencing earlier also but they were broken by illegal/unauthorized miners.

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There were no check post, barriers, other security structures etc., observed for control of entry into mine and transport of theft of coal outside the mine.

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CCTVs were not installed in the Gopinathpur OCP mien put area.

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B. Detailed description of the inspection done by committee members at Kapasara Opencast Coal Mine of ECL, Mugma area on 20.05.2022.

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As informed by ECL management and District Administration Dhanbad there was a rumour that there was some accident in the Kapasara OC patch of Mugma area. Committee members decided to inspect Kapasara mine also. It was observed that mine highwall had several horizontal openings in coal face. Most of these openings were the previously developed galleries when underground mining was being done in Kapasara. However, Project officials and District administration officials informed that local people from nearby villages did illegal/unlawful mining from these galleries also. Illegal/unauthorized miners take the risk of life and enter these galleries from upper side of mine which is very risky/dangerous to their life. Project officials showed their helplessness/inability in stopping these illegal mining from local people. Project officials explained that they have warned the local people several times but they do not stop illegal mining from Kapasara mine. During inspection in Kapasara Mine it was observed that:

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There was no fencing to stop the illegal/anauthorized miners there.

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No checkpost, barriers, security structure/setup was observed that may resist in stopping the illegal miners.

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A CCTV Cameras were not installed in Kapsara opencast (o/c) mine site.

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A mobile security jeep vehicle was observed in the mine area.

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Though the Kapasara o/c mine was not closed nor discontinued nor abandoned there was no mining operations/activities being carried out there on inspection date (i.e., on 20.05.20220. project officials informed that the contractor of the nine was not doing mining operations due to some labour payment issues. Project officials also explained that mine highwall has to advance but due to land issues they cannot advance further. Due to e above reason mine face was not advancing and local people had a chance to do illegal

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mining from these developed o/c galleries that was really dangerous for their life.

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Committee members suggested to erect fencing and establish some checkposts, barriers in the periphery of Kapasara mine. CCTV Cameras should e installed immediately for identification of illegal miners and bringing them into legal course for punishment. Also land issues should be resolved soon so that mine face advances and those underground galleries are excavated by ECL.

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Some of the persons whom the committee members interacted from the Makur pain basti (village/basti close to the Kapasara mine) were:

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a. Sathish Biruli: He told that he worked in the factory in neighbourhood but has not heard of any accident within these 3-4 months period.

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b. Sudhir Mallik: He informed that he was living for 10 years in this basti. He had not heard nor aware of any accident within these 3-4 months period.

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c. Urmila Rai: She informed that she was not aware nor heard of any accident within these 304 months period.

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d. James Samad: He informed that he was not aware nor heard of any accident within these 304 months period.

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C. Detailed description of the inspection done by committee members at Dahibari Basantimata OCP mine in CV area of BCCL on 20.05.2022.

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i. Dalibari Basantimata OCP: Committee members inspected one of the quarry i.e., patch ‘C’ of Bahibari Basantimata opencast Coal mine. Project authorities informed that the patch C/quarry was not in operation since last few months. However notice of discontinuance has not been submitted to DGMS (as per Coal Mines Regulations, 2017).

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CMR 2017 states that when it is exceeding sixty days, the owner agent or manager shall give a notice in the form and method as may be specified by the Chief Inspector for the purpose, to the Chief Inspector, the Regional Inspector and to the district magistrate stating the region for such abandonment, closure or discontinuance and number of person likely to be affected thereby, not less than thirty days before such abandonment or discontinuance.

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Provided that when on account of unforeseen circumstances, a mine is abandoned, closed or discontinued before the said notice has been given or without previous intension the discontinuance extends beyond sixty days, the notice shall be given forth with (Regulation 5 of Coal Mines Regulation 1957).

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ii. Fencing was not provided in the mines periphery, nor was any pillar provided for fencing. CCTV camera was not installed for illegal/unauthorized miners identification. (see photos 20,22,23). CMR Regulation 22017 (Section 8 of Regulation 128) states that “Before a mine is abandoned or the working thereof discontinued, the owner agent or manager shall cause the top or entrance of every shaft, incline or other opening into the mine to be fenced by a structure of permanent character sufficient effectively to prevent persons falling into or entering the same”.

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There were many undercuts made probably by illegal mines where most of the top portion/roof was hanging without any support and it was a potential source of accident (see photos 22,23). It appeared that illegal mining had been done there. Overall the mine has become dangerous due to illegal mining and haphazard excavation.

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No steps were taken by project officials to stop people entering into the risky mine area and a boy was observed swimming in the water in lower portion of the mine (see photo 23).

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There were spontaneous combustion observed in the top benches and lot of smoke/ gas emission took place (see photos 20). Project authorities had not taken any step to stop those spontaneous combustion like water spraying, covering by overburden (OB) material, etc. In addition to adverse impact on environment there can be sudden collapse of strata/rockmass due to spontaneous combustion. Some habitations/houses dwellings were observed adjacent to the mine pit ‘c’ patch (see phot 21) within 50m distance from mine pit (see photo 21). Thus the carelessness of mine management was evident from the way the Dahibari Basantimata OCP patch ‘c’ was left discontinued without any backfilling, arrangement for fencing, firefighting, no arrangement for stopping illegal mining, etc.

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D. Detailed description of the inspection done by committee members at Dumrijore subsidence incident site in CV area of BCCL on 20.05.2022.

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Superintendent of Police (SP-Rural) and District Mining Officer (DMO) Dhanbad informed committee members that there was major subsidence of road that had occurred there in April 2022. Latitude longitude of the place was 23.720496, 86.775972. However as per the BCCL Project officials and District administration there was no loss of life at the place. Some of photos of the site are in photos 24 to 25. BCCL officials informed that after the subsidence they had made arrangements for filling and levelling of the area. During inspection on 20.05.2022 the site was observed to be filled by OB/material and soil (see photos 25).

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It was informed by BCCL project officials that there were many areas where u/g galleries had been developed in earlier days. Due to illegal and unscientific mining, there was always chance of subsidence.

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Project officials of C.V. area, M/s BCCL have submitted a copy of the report on Dumrijore subsidence incident (please see annexure II). They have mentioned in the report that “subsidence occurred (approximate 20m long and 3m wide) along the road on date 21.04.2022 at around 8.30 am. Land of both side of the road is much lower than the collapsed road”. Regular weathering spalling of old workings and some illegal activity might be the cause of subsidence as per the internal report of BCCL.

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It is further mentioned in the report that “District administration, CISF and BCCL management inspected the location at Dumrijore. The central rescue team from Dhanbad along with CV area rescue team inspected one rat hole/incline near the site of collapse of road in the jungle area by following SOP in the presence of district administration but could not found any evidence of any person trapped”.

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E. Detailed description of the inspection done by committee members at Chanch Underground (u/g) mine in CV area of BCCL on 20.05.2022.

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Committee members told BCCL officials that they would like to inspect the shaft mouth closure of abandoned Chanch underground mine. At first, the BCCL officials were not sure about the exact place where the shaft mouth was located. Later they showed the place. Path to the shaft mouth at 3 and 4 pit was not clean. Shrubs, bushes were there in the path. It was observed that shaft mouth was not closed (see photo 26,27,28). Bushes, shrubs, trees have grown in the shaft (see photo 28) Project proponent (PP) has given notice of abandonment of Chanch Colliery to Director of Mines Safety, Central zone, Dhanbad, and DGMS on 24.10.2016 and declared the abandonment of Chanch Colliery under Regulation 6 of CMR 1957 by 01.11.2016. PP has mentioned in the notice to DGMS that production from the mine was suspended from June 1981.

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Committee members were surprised to see that even after production is suspended from 1981 and notice of abandonment is given from 2016 and shaft mouth is not closed. It showed the carelessness of Project officials. Area survey officer and Area safety officer C.V. area, M/S BCCL were asked to declare (which they did) in written that shaft mouth of pit 3 & 4 were found to be open on 20.05.2022; Air and water could flow in and out of the shaft mouth (copy of their written declaration with signature attached in annexure III). Through open shaft mouth there are chances of illegal mining, though at inspection time no evidence of illegal mining was observed. Dense shrubs, trees were found and the pathway was also grass, shrubs laden. However, since the shaft mouth is not closed, air (oxygen) can enter underground and can cause spontaneous combustion of coal/shale that may lead to fire smoke and subsidence in different areas connected. This poses dangers for the whole area. It was instructed to urgently close the shaft mouth of the Chanch Underground mine and other mines of CV area if the mines are no more under production.

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Some of the Geo-coordinates of sites visited/ inspected by committee members on 20.05.2022 are as given below:

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1. Kapasara Pithead village location:	23.755137; 86.753159
2. Basantimata- Dahibari C-Patch:	23.7344427; 86.746
3. Dumri Jore (CV area):	23.720496; 86.775972
4. Chanch U/g mine Shaft mouth:	23.7172050; 86.783719
5. Gopinathpur mine and river parting:	23⁰46’16”; 86⁰43’6”

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The google earth image of the above sites geo-coordinates are shown in photos from 32 to 35 for different dates from year 2012 to year 2022.”

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The Committee has recommended remedial steps/Action Plan with regard to checking and preventing such incidents from happening in future which reads as under: -

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“ III. Remedial steps/action plan with regard to checking and preventing such incidence from happening in future:

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Following steps can be taken to prevent illegal/unauthorized mining from coal mines.

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A. Steps to be taken by coal companies M/s. ECL, M/s BCCL

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1. Progressive and final mine closure Plan has to be followed strictly ECL, BCCL: As explained earlier accidents and death in Gopinathpur could have been avoided if Project Proponent (JPP) had followed the Mine Closure Plan and backfilled the exposed final coal face/highwall. Coal mines have their Progressive and Final closure Plan approved by Coal controller (under Ministry of coal, Govt. of India) or their Company Board. It was informed that ECL and BCCL board had been delegated the power to approve the Mine Closure Plan. In the mine Closure plan there are steps given/procedure enumerated so that step by step mine is closed in a scientific/systematic way for e.g. For opencast(o/c) mine backfilling of excavated/open pit, dozing and levelling the area of natural elevation, developing grassing vegetation and greenbelt on the dumps, levelled area, etc. Sometimes pits are partly filled and partly left for rainwater harvesting, groundwater recharge, etc. Overall, the aim is to either return the land in the way it was in earlier (premining) days (agriculture land, forest land) or to return to local community in a more better way (in the way of ponds, agriculture land, etc.)

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For u/g mine: All entries/openings to underground workings of abandoned/closed/discontinued mine/workings shall be effectively sealed off or filled upto ground level to prevent entry of persons through them.

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Implementation/Execution of Mine Closure activities as per the approved Mine Closure plan is the responsibilities of Mining Companies (in this case M/s ECL, M/s BCCL). However, there is a need of supervision by Government regulatory agencies. In the case of non-coal major minerals (Iron ore, Bauxite, Manganese, Limestone, etc.) there is Indian Bureau of Mines that approves the Mine Plan and Mine Closure plan and also supervises/ensure the activities are done in the mines are as per the plan. Because there is one (very important) aspect to Mine Closure and that is the

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coal/minerals conservation aspect. For non-coal major minerals, Indian Bureau of Mines-IBM ensures that all mineral that is technically and safety possible to be excavated is taken out of the mine before mine closure. Since coal/mineral left behind in mine can be national loss (It is really tough to search for a mineral, open a mine, run it profitably so leaving behind the mineral/coal haphazardly is not at all sustainable).

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During inspection in the coal mines the mine closure plan implementation was not found satisfactory.

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B. The officials of Coal Controller of India, Ministry of Coal, Govt. of India and Director level officers of BCCL/ECL would check the status of implementation of Mine Closure Plan/ Progressive Mine closure plan of all the Mines of BCCL and ECL in Dhanbad District and ensure that Mine closure activities are being carried out in an appropriate manner.

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C. Mining authorities (M/s ECL, M/s BCCL) should provide the list of all the abandoned as well as discontinued mine working in the area. It should be ensured by the mining authorities that the notice of abandonment, closure or discontinuance of all such mines are given to the Chief inspector (DGMS) as well as the district administration as per rule.

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It should be ensured by the lease holder or the owner of the mine that no mine should be discontinued or abandoned in violation of the existing safety precaution as per CMR 2017.

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D. Fencing around mines can be done in two rows- i.e. in between two rows of barbed wire fencing a trench (width 1m, depth 2m) can be made that shall make illegal/unauthorized mining and manual transportation of coal difficult. However, as per DGMS Circular 11/1959, top of the ‘abandoned quarries’ shall be fenced by (i) 0.40m thick brick wall in lime/cement mortar not less than 1.5m high with a parapet top or (ii) 0.75m thick stone wall in lime/cement mortar not less than 1.5m high.

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The fencing must also be maintained till the whole area is completely reclaimed as per rule. Necessary steps should be taken to ensure that no illegal mining is done in abandoned or discontinued mine area by properly filling the exposed coal faces of the discontinued workings.

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E. Number of checkpoints can be made around the mines especially at those places from where there are changes of unauthorised entry of outsider for theft of coal and transport of theft coal from mine to outside. It must be ensured that each of the abandoned/ discontinued mine workings are provided with proper fencing and sufficient no. of display boards of adequate size at all common approach point with information about the date of discontinuance / abandonment stating that entering into the area by anyone is illegal as per rule (as provided at Railway crossing).

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F. Round the clock rounds by CISF/internal security of coal companies by mobile vehicles. This inspecting CISF officials and internal security members should be connected directly to local police control room so that they can report/ask for help, etc.

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G. Installation of CCTV cameras in and around the mines that can aid in identification of persons engaged in illegal/un-authorised mining. They should be connected with common control room having access to CISF, Internal security in-charge, local police and other key person who can take action.

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H. Drones can be utilised for tracing illegal/ un-authorised mining that may be going on in the project/area and also for action by internal security/ CISF and Local Police administration.

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I. All the above arrangements would be futile if local Police department do not take strict action against the identified or caught illegal mines. Strict action/Punishment can only deter the illegal/unauthorised miners to leave this unlawful job. Proper FIRs should be done and illegal/un-authorised miners be brought to justice/punishment may be given as per the law, then only fear of law can be penetrated among illegal/ un-authorised miners.

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J. Alternate occupation/ employment/ means of livelihood can be given to illegal/ un-authorised miners so that if they leave the work of illegal mining they can sustain their and their family’s life. Skill development programmes can be done/ initiated for local villagers around the mines area in the field of textile, handloom making, tailoring, candle making, food processing, phenyl and liquid soap making, mobile and laptop repair works, other electrical and electronic repair works, etc. Mine management can initiate the above skill development programmes in a vigorous manner and also

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make propaganda about it (door to door campaign, pamphlet distribution/pasting, newspaper advertisement can be done). District Mineral fund can also be utilised for such skill development program. Villagers can also be encouraged to do farming/agriculture – Multiple crop farming can be encouraged. Water can be provided by BCCL/ECL mines management (Many of the abandoned mines work as water storage in the area).

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K. At some mines it was observed that mine face/highwall could not advance due to unavailability of land. Though the adjacent land (adjacent to coal faces) are in the lease area but due to land acquisition problems coal companies/projects are unable to acquire there lands. At these places local administration/District officials can help the coal companies in acquiring the land. When the coal face advances and legal mining by coal companies are ongoing there is little chance of illegal mining. But as the coal face advance stops and mine patch is discontinued / temporarily stopped due to further land acquisition, a chance is given for illegal mining (At that position coal companies could not go for backfilling as mine has to further advance and exploit the coal further). Coal companies can prepare and hand over the list of those mine (mine patches where coal face advance has been temporarily stopped due to land acquisition problems) to District administration. District admin. should co-operate with coal projects/companies to expedite the process of land acquisition.

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L. Internal calculation/comparison of production, dispatch and reserve depletion of coal by coal companies. A register can be made for comparison purpose that may be signed daily by Geologist, Mines Manager, Surveyor, Project officer and General Manager of the Mines/Area of coal companies.

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A format of the register can be as follows:

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Name of the mine: ; Area: ; M/s BCCL.

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SL. No.	Present reserve of coal insitu in mine (Proven Reserve) (A)	Broken Coal (blasted and in dumps) (B)	Total coal in mines (C)	Production from mines (D)	Dispatch (E)	Depletion in reserve (F) C-E	signature

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Signature Geologist/ Surveyor/ Mines Manager/ Project officer/G.M.

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Above format can be improvised. Aim should be that all senior officers and Government statutory bodies should know the Reserve, Production, Despatch of coal from mines real time. Any shortages can be highlighted soon.

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Thus with the aid of above viz., proper mine closure, making arrangements in and around the mine to make illegal/ unlawful mining extremely difficult, identification, catching of illegal/ unauthorised miners, punishing illegal/un-authorised miners through law, providing alternative livelihood to local villagers, etc. illegal mining and accidents thereof can be reduced and eliminated.”

¶141

Considering the anomalies and non-compliance of the Mine Closure Plan noted by the Committee and the remedial action suggested by the Committee, we direct the Committee constituted by us to monitor the mining operations, so far as the implementation of Mine Closure Plan is concerned, at the sites in question in the present Original Application and to ensure strict compliance of the remedial measures suggested by the Committee within a time period of four months and file an affidavit of compliance by 11.11.2022.

¶142

With the aforesaid directions, the Original Application No.50/2022/EZ is accordingly disposed of.

¶143

There shall no order as to costs.

¶144

B. Amit Sthalekar, JM

¶145

Saibal Dasgupta, EM

¶146

July 04, 2022, Original Application No.50/2022/EZ MN

¶147

Tribunal on Its Own Motion Regarding Frequent Accidents Occuring Due to Illegal Mining in Abandoned Coal Mines in Dhanbad Jharkhand v. State of Jharkhand through Chief Secretary

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Tribunal on Its Own Motion Regarding Frequent Accidents Occuring Due to Illegal Mining in Abandoned Coal Mines in Dhanbad Jharkhand v. State of Jharkhand through Chief Secretary

Case brief

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