Disposed

Rowghat Sangharsh Samiti through Banshi Lal Dugga v. Ministry of Environment Forest and Climate Change

NGT3 Sept 2024Appeal No. 1/2024

Case brief

AI extract

What is this about?

Appeal challenging an order amending an Environmental Clearance to permit increased road transport of iron ore. The Bench dismissed the challenge, emphasizing balanced development and environmental safeguards over an absolute prohibition on road transport.

What did the court decide?

The appeal was dismissed. Directions were issued for completing the rail link, enforcing speed limits of 40 km/h, and implementing environmental safeguards like dust control and crop insurance.

Rowghat Sangharsh Samiti through Banshi Lal Dugga… — Pension and Retirement Benefits | NGT (2024)

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Item No. 01

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Appellant(s)

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Vs.

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Union of India & Ors.

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Respondent(s)

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Date of completion of hearing and reserving of order : 06.08.2024 Date of uploading of order on website : 03.09.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Appellant(s): Ms. Shalini Gera, Adv. Ms. Geeta Dahariya, Adv. For Respondent(s) : Mr. Gaurav Bhatia, Sr. Adv. Mr. Rupesh Kumar, Sr. Adv. Mr. Utkarsh Jaswal, Adv. Mr. Sanjeev Kumar, Adv. Mr. Lalit Gupta, Adv. Mr. Shashank Pathak, Adv. Mr. Abhimanyu Shrivastav, Adv. Mr. Lalit Kumar Gupta, Adv. Dr. Sapna Aggarwal, Adv. Mr. Abhinav Sharma, Adv. Ms. Parul Khurana, Adv. Ms. Deeksha Prakash, Adv.

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ORDER

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Challenge in this appeal is the order dated 21.12.2023 passed by MoEF&CC granting an amendment to the original EC dated 04.06.2009, allowing transportation of 2.0 MTPA iron ore through two alternate roads from the Rowghat Mines to Antagarh/Bhanupratappur Railway siding with the prayer to quash and to set aside the order and direct the project proponent to carry out a comprehensive EIA and to conduct the public hearing and to comply the conditions of EC and CTO.

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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Brief facts giving rise to the present appeal are that the project proponent M/s Steel Authority of India Ltd. moved an application before the Ministry of Environment, Forest and Climate Change for grant of an amendment in a prior environmental clearance under the provisions of the EIA Notification, 2006 and after considering the proposal and the report, the MoEF&CC vide order dated 21.12.2023 passed an order as follows:-

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“Subject: Amendment in Environmental Clearance dated 04.06.2009 for Changes in Operation of Rowghat Iron Ore Project of M/s SAIL’s Bhilai Steel Plant (Despatch of Maximum 2.0 MTPA of Iron Ore by Road up to Antagarh Rly. Siding and / or Bhanupratappur Rly. Siding and then by Rail to Bhilai), located in Matla Reserve Forests, Narainpur and Kanker District, Chhattisgarh – Amendment in EC – reg.

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Sir/Madam,

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This is in reference to your application submitted to MoEF&CC vide proposal number EC23A0000CG5559947A for grant of an amendment in prior Environmental Clearance (EC) to the project under the provision of the EIA Notification 2006-and as amended thereof.

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2. The particulars of the proposal are as below :

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i.	EC Identification No.	EC23A0000CG5559947A
ii.	File No.	J-11015/331/2006-IA.II(M)
iii.	Clearance Type	Amendment in EC
iv.	Category	A
v.	Schedule No./ Project Activity	1(a) Mining of minerals
vi.	_Sector _	Non-Coal Mining
vii.	Name of Project	Amendment in Environmental Clearance for Changes in Operation of Rowghat Iron Ore Project of SAIL’s Bhilai Steel Plant (Despatch of Maximum 2.0 MTPA of Iron Ore by Road up to Antagarh Rly. Siding and

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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		/ or Bhanupratappur Rly. Siding and then by Rail to Bhilai) under Para 7(ii) of EIA Notification 2006.
viii.	Location of Project (District, State)	KANKER, CHHATTISGARH
ix.	Issuing Authority
x.	EC Date	NO
xi.	Applicability of General Conditions
xii.	Status of implementation of the project

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1. In view of the particulars given in the Para 1 above, the project proposal interalia including Form-1(Part A, B and C)/EIA & EMP Reports were submitted to the MoEF&CC for an appraisal by the Expert Appraisal Committee EAC under the provision of EIA notification 2006 and its subsequent amendments.

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2. The above-mentioned proposal has been considered by Expert Appraisal Committee EAC in the meeting held on 14/11/2023. The minutes of the meeting and all the project documents are available on PARIVESH portal which can be accessed from the PARIVESH portal by scanning the QR Code above or through the following web link click here.

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3. The brief about the reasons for an amendment requested along with comparison table illustrating the details of amendments are annexed to this letter as Annexure (1).

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4. The brief about the reasons for an amendment requested along with comparison table illustrating the details of amendments are annexed to this letter as Annexure (1)The EAC, in its meeting held on 15/11/2023, based on information & clarifications provided by the project proponent and after detailed deliberations recommended the proposal for grant of amendment in Environment

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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Clearance under the provision of EIA Notification, 2006 and as amended thereof.

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5. The MoEF&CC has examined the proposal in accordance with the extant provisions of the Environment Impact Assessment (EIA) Notification, 2006 & further amendments thereto and based on the recommendations of the Expert Appraisal Committee hereby accords amendment in Environment Clearance for the instant proposal to M/s. STEEL AUTHORITY OF INDIA LTD under the provisions of EIA Notification, 2006 and as amended thereof subject to compliance of EC conditions, general instructions issued vide EC identification number EC23A0000CG5559947A and following certain additional specific conditions.

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6. This issues with the approval of the Competent Authority.”

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This approval was subject to specific conditions and general conditions which is part of the EC. The above recommendations and approval was based on the observation and recommendation of the EAC meeting which was held on 14^th -15^th November, 2023 and minutes are as follows:-

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“Amendment in Environmental Clearance dated 04.06.2009 for Changes in Operation of Rowghat Iron Ore Project of M/s SAIL's Bhilai Steel Plant (Despatch of Maximum 2.0 MTPA of Iron Ore by Road up to Antagarh Rly. Siding and / or Bhanupratappur Rly. Siding and then by Rail to Bhilai), located in Matla Reserve Forests, Narainpur and Kanker District, Chhattisgarh - [F. No: J- 11015/331/2006 IA.ll(M), Proposal No: IA/CGIMINI439531/2023; EIA Consultant: M/s MECON Limited] - Amendment in EC.

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The instant proposal is for amendment in EC dated 04.06.2009 for Changes in Operation of Rowghat Iron Ore Project of Ms SAIL's Bhilai Steel Plant (Despatch of Maximum 2.0 MTPA of

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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Iron Ore by Road up to Antagarh Rly. Siding and / or Bhanupratappur Rly. Siding and then by Rail to Bhilai), located in Matla Reserve Forests, Narainpur and Kanker District, Chhattisgarh.

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2. The details of the project as ascertained from the document submitted by the Project Proponent and revealed from the discussions held during the meeting are given as under:

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i. The proposed project activity is listed at schedule no. 1(a) Mining of Minerals and falls under Category "A" as the mining lease area is greater than 250ha and accordingly, appraised at the Central level.

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ii. Details of previous Environmental Clearance (EC):

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*Date of* *application*	*Proposal No*	*Consideration*	*Details*	Date of accord
28.07.2007	IA/CG/MIN/ 8566/2009	--	Production of 14.0 MTPA of iron ore mining over a lease area of 883.22ha	04.06.2009
23.06.2009		--	Partial modification in EC letter dated 04.06.2009 and additional specific conditions were imposed	15.03.2010
09.02.2017	IA/CG/MIN/ 8566/2009	February 20 21, 2017	Transportation of 0.3 million TPA of ore form Rowghat M.L to Keonti by road and further onwards to Dalli Raiharal Bhilai _through rail till 2021 _	08.06.2017
01.11.2021	IA/CG/MIN/ 236647/202 1	30th Nov -3rd Dec, 2021	Extension of validity of amendment in Environmental Clearance Reason amendment MTPA2 MTPA Crushed and Downhill Crushed Ore Screened Ore transport conveyor not Dispatched to through Road from Hill Top installed due down hil from existing 0.3 MTPA Para 2 of Change in 14 Original EC Process granted on 08.06.2017 _for _	25.01.2022

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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Rowghat Iron Ore
mine Deposit F [ML
area 2028.797ha and
production capacity 14
million TPA] for
transportation of 0.3
MTPA of iron ore from
Rowghat ML to Keonti
rail head by road and
further onwards to
Dalli Rajhara/Bhilai
by rail located in
Matla Reserve Forests,
in Narainpur and
Kanker District,
Chhattisgarh for a
period of another two
(2) years i.e., till
31.12.2023

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iii. Now, the Project Proponent has requested for amendment in EC dated 04.06.2009 for Changes in Operation of Rowghat Iron Ore Project of M/s SAIL's Bhilai Steel Plant (Despatch of Maximum 2.0 MTPA of Iron Ore by Road up to Antagarh Rly. Siding and / or Bhanupratappur Rly. Siding and then by Rail to Bhilai) as mentioned below:

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*Sr.* *No.*	*Reference*	*Descriptio* n	*Existing*	*Amendment* *sought*	*Reason* of *amendment*
_1. _	Para 2 of Original EC 04.06.2009	Change in Process	14 MTPA crushed ore dispatched to downhill through 12 KM conveyor length	2 MTPA Crushed and Screened Ore transport through Road from Hill Top from existing 0.3 MTPA	Downhill conveyor not installed due to non handing over of land by forest department
_2. _	Para 2 of Original EC	Change in Process	14 MTPA screening ore transport through rail from rowghat siding located at foot hill to bhilai steel plant.	Total 2 MTPA Screened Material transport through Road Length 235 KM maximum upto Antagarth or Bhanuprtappur Siding till Dec'26 from existing 0.3 MTPA upto Dec’23.	Railway siding not commissioned due to hindrance caused due to left wing estremise consequently delay in handing over of land by GoCG.

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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_3. _	Para 14 of Amended EC dated 25.01.2022	Amendmen t in Quantity and extension of time	0.3 MTPA transport through Road upto Keonti siding validity upto Dec’23.	Request for allowing despatch through road @ 2.0 MTPA till Dec’26 which includes :- 1. @ 0.8 ΜΤΡΑ of iron ore up to Antagarh Railway Siding via Tadoki (direct route). 2. 1.2 ΜΤΡΑ up to Bhanupratapp ur/ Antagarh Railway Siding via Narainpur & Kanker (long route) and subsequently by rail to Bhilai. 3. In case of law and order problem along the Rowghat Mine to Antagarh Siding (direct route) as is often the case, the entire ore will trucked be to Bhanupratapp ur/Antag Siding via Narainpur & Kanker.	Railway Siding commissioned only upto Antagarh siding Expected to reach Rowghat by Dec 25 and development of associated infrastructure by Dec 26.

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iv. The Project Proponent has submitted the mine lease deed was executed on 21.10.2009 and is valid for a period of 20 years. The entire lease area of 2028.797 ha is a Forest Land. Stage-Il Forest Clearance was obtained vide letter no. F.No.8-44/2005-FC (Pt), dated 3^rd Aug., 2009 for diversion of 883.22 ha of forest land.

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Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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v. The Project Proponent has submitted that the Rowghat Mine commenced mining operations only in late Feb., 2022. Prevailing micro-meteorological conditions, ambient air quality (14 locations), noise levels (14 locations) and water quality (Groundwater: 5 locations and Surface water: 5 locations), soil quality (6 locations) were assessed by carrying baseline environmental data generation for one month during May, 2023 (Summer Season). Traffic density on the proposed ore evacuation route was also studied.

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vi. The Project Proponent has submitted the certified compliance report issued by the Sub Office, MoEF&CC vide letter dated 10.10.2023 for the EC's dated 04.06.2009, 15.03.2010, 08.06.2017 and 25.01.2022. The site visit was conducted on 18.09.2023. Then, the Project Proponent has submitted the action taken report on 16.10.2023 to the Regional Office, MoEF&CC. The Ministry vide letter dated 02.11.2023 requested the Regional Office, Nagpur to submit the review report of the ATR submitted by Project Proponent. Then, the Project Proponent vide email dated 13.11.2023 submitted the revised and updated action taken report.

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3. Observation and Recommendation of the EAC:

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The Project Proponent has informed the EAC that the instant proposal is for amendment in EC dated 04.06.2009 for changes in operation of Rowghat Iron Ore Project of M/s SAIL's Bhilai Steel Plant for dispatch of Maximum 2.0 MTPA of Iron Ore by Road up to Antagarh Rly. Siding and / or Bhanupratappur Rly. Siding and then by Rail to Bhilai. Initially, Environmental Clearance (EC) was obtained on 04.06.2009 for production of 14.0 MTPA of Iron ore. The ore is dispatched by rail to SAIL's Bhilai Steel Plant located at a distance of 185 km from the mine lease area. There has been delay in commissioning of rail link to Rowghat due to Left wing extremism activities and obtaining forest clearance. In this regard, amendment in EC dated 04.06.2009 has been sought to allow dispatch through road

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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@ 2.0 MTPA till Dec.,2026 from the existing capacity of 0.3 MTPA by road. About 81% of the rail works has been completed upto Tadoki (77km) and the remaining work up to Rowghat will be completed by June, 2025and it is expected to conmmission the Rowghat Station by Dec 2025 and associated linking infrastructure by Dec, 2026. The Bhilai Steel Plant is the sole producer and supplier for strategically important products to Indian Railways. The Bhilai Steel Plant is completely dependent on Rowghat Iron Ore mine and this project is an importance of national interest. The EAC noted the public complaints were received against the project and also in support of the project to increase their production capacity.

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Then, the Project Proponent has presented the KML file and shown the boundary of the Rowghat mine lease area and informed the EAC that the entire mine lease area of 2028.797 ha is a Forest Land. Presently mining activity is being carried out in Anjarel block. The present proposal is to transport the ore of 0.8 MTPA from Rowghat to Antagarh Railway siding (-58km by road) via Tadoki (direct route) and 1.2 MTPA ore to Antagarh / BhanupratappurRailway Siding (232 km/200km by road) via Narainpur & Kanker (long route). Due to law and order issue, the State Govt. has suggested to take the longer routevia Narainpur & Kanker to reach Antagarh / BhanupratappurRailway Siding. If the law and order issue exists via Tadoki route, the entire material will be transported through longer route as suggested by the State Govt. The Project Proponent also informed the EAC that the own RCC road of 7.5m width has been developed by the Project Proponent with an estimated budget of Rs 35 Cr from the foot hill of Rowghat to SH-5. Further, the Project Proponent has shown the photographs of the road developed by M/s SAIL, SH5 between Tadoki & Antagarh, Road linking SH-5 with Antagarh Siding, Kondagaon bypass road, Kanker bypass road and SH 6

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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between Kanker &Bhanupratappur. Project Proponent also shown the photographs of Antagarh and Bhanupratappur Railway sidings and also the progress of the rail link.

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The Project Proponent informed the EAC that the project is well equipped to produce 2.0 MTPA. Transportation will be outsourced and local people will be involved in transportation. The ElA Consultant has informed the EAC that the baseline data was generated during May, 2023. The ambient air quality stations (14 locations) were monitored in the mine lease and all along the transportation route. Noise levels at 14 locations were within the norms prescribed by CPCB. Surface water quality has been monitored at 5 locations and found to be suitable for drinking after conventional treatment and disinfection. Traffic density was studied on the transport route at 9 locations at hourly intervals. Additional load on the road will not have impact and the resultant concentration of PM1odue to transportation will be ~91.14 ug/m, PM2.5: ~47.1 Hg/m", SO2:15.8 ug/m and NO: 25.26 vg/m°. The Project Proponent also detailed about the CSR activities being taken up. The Project Proponent has shown the certified past production details dated 06.07.2023 from the year 2020-21 to 2022-23. The Project Proponent has submitted the certified compliance report issued by the Sub Office, MoEF&CC vide letter dated 10.10.2023 for the EC's dated 04.06.2009, 15.03.2010, 08.06.2017 and 25.01.2022. The site visit was conducted on 18.09.2023. Then, the Project Proponent has submitted the action taken report on 16.10.2023 to the Regional Office, MOEF&CC.

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After detailed deliberations made by the Project Proponent and the Consultant, the EAC opined that the dispatch of 2.0 MTPA (Maximum) of Iron Ore by Road up to Antagarh Rly. Siding and /or Bhanupratappur Ry. Siding and then by Rail to Bhilai will be allowed in two phases for

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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a period of two years i.e., 1.5 MTPA for a period of 6 months w.e.f 01.01.2024 to 30.06.2024 and 2.0 MTTPA (1.5 MTPA + 0.5 MTPA) for a period of 18 months w.e.f 01.07.2024 to 31.12.2025 considering the pollution load due to transportation by road. The EAC also opined that meanwhile, the Project Proponent shall speed up the progress of the rail link. Based on the discussions held, the EAC in its meeting held during 14-15November, 2023 under the provisions of EIA Notification, 2006 and its subsequent amendments therein; recommended the proposal for amendment in EC dated04.06.2009 for dispatch of Maximum 2.0 MTPA of Iron Ore by Road up to Antagarh Rly. Siding and l or Bhanupratappur Rly. Siding and then by Rail to M/s SAIL's Bhilai Steel Plant from Rowghat Iron Ore Project [MLA:2028.797 ha] of M/s SAIL, located in Matla Reserve Forests, Narainpur and Kanker District, Chhattisgarh along with the following additional specific conditions mentioned below: -

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a. This amendment in EC will be valid for a period of a 2 (two) years only W.e.f 01.01.2024.

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b. The dispatch of 2.0 MTPA (Maximum) of Iron Ore by Road up to Antagarh Riy. Siding and / or Bhanupratappur Rly. Siding and then by Rail to Bhilai is allowed In two phases for a period of two vears i.e.. 1.5 MTPA for a period of 6 months W.e.t 01.01.2024 to 30.06.2024 and 2.0 MTPA (1.5 MTPA + 0.5 MTPA) for a period of 18 months w.e.f 01.07.2024 to 31.12.2025. Accordingly, State Pollution Control Board shall grant the Consent to Operate (CTO).

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c. Mining activity is restricted to an area of 883.22 ha for which the Stage-II Forest Clearance is available.

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d. The Project Proponent shall speed up the progress of the rail link and monthly progress/status along with

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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the photographs shall be submitted to the Regional Office of MoEF&CC.

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e. Fugitive dust monitoring shall be monitored regularly at all the sensitive receptors and report shall be submitted quarterly to the Regional Office of MoEF&CC.

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f. The Project Proponent shall maintain the entire mineral transportation route by road at their own cost. The Project Proponent shall also periodically maintain the roads to reduce the fugitive emissions from roads and also the vehicular emissions.

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g. Regular sprinkling shall be done on roads to suppress the dust at the source.

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h. The wheel washing facility for the ore transport vehicles shall be provided at the exit point of the mine. The wheel washing facility shall be integrated with complete recirculation system.

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i. Over loading of transport equipment's shold be avoided to prevent spillage. Vehicles involved in transporting the material should be covered to prevent fugitive dust emission.

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j. The Project Proponent shall undertake the dense plantation all along the haul roads and approach roads to attenuate the fugitive dust.

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k. The Project Proponent shall ensure that the additional traffic on the road in no way shall be hindrance to the public. Traffic marshal shall be deployed to ensure the safe movement of transportation.

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l. The real time data generated by continuous ambient air quality monitoring stations (CAAQMS) should be

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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displayed digitally at entry and exit gate of mine lease area for public display and shall be linked to server of CPCB/SPCB.

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m. The Project Proponent shall explore the possibility of using atleast 20% of Electric vehicles/CNG/Solar instead of diesel operation within three years.

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n. Periodical maintenance of surface water management structures has to be carried out to prevent and control the water pollution and soil erosion. The Project Proponent shall take adequate measures to prevent the washout of fines during monsoon season.

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o. The Project Proponent shall undertake the gap plantation and shall plant quality sapling of appropriate height of native and fruit bearing species. In case of tall transplants (seedlings) the seedlings should have proper trained root stock with root biomass commensurate with seedling height to ensure good growth after out planting.

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p. The Project Proponent shall create awareness among the local people working within the project area as well as its surrounding area on the ban of Single Use Plastic (SUP) in order to ensure the compliance of Notification published by MoEF&CC on 12/08/2021. A report, along with photographs, on the measures taken shall also be included in the six monthly compliance report.

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q. The mining lease holders shall, after ceasing mining operations, undertake regrassing the mining area and any other area which may have been disturbed due to their mining activities and restore the land to a condition which is fit for growth of fodder, flora, fauna etc. The implementation report of the above said

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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condition shall be submitted to the Ministry's Regional Office.

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r. All other terms and conditions mentioned in the EC letter dated 04.06.2009, 15.03.2010, 08.06.2017 and 25.01.2022 shall remain unchanged.”

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The main ground for challenging the EC are as follows:-

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a) Ignores the consistent and gross violation of the earlier EC by M/s SAIL from September 2022 to December 2023, during which iron ore was transported over a 232 km long road route, for which there was no EC approval, about which no information provided to the MoEFCC, and which caused severe and unchecked environmental damage.

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b) Is based on incorrect information provided by M/s SAIL in its amended EIA report, which has deliberately suppressed the fact that a 40-kin stretch of road along a proposed route for coal transport is only 3.75 m wide, and thus, is of insufficient width to allow the traffic of ore bearing trucks.

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c) Fails to consider the impact of additional traffic of 300 trucks daily on ambient air quality along 81.2 kms of the proposed route, where the baseline readings of PM 2.5 and PM 10 concentrations in the EIA report already exceed the NAAQS standards.

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d) Is based on a flawed traffic study conducted by the M/s SAIL, the Project Proponent, which only accounts for the "traffic density" (i.e. whether there is enough space on the proposed road route to accommodate the flow of trucks) and not "traffic loading" (i.e. whether the proposed roads are designed to withstand the weight of heavy trucks without undergoing extensive damage).

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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e) Ignores the extensive potholes and poor condition of the roads caused by mining trucks which has made these roads exceedingly unsafe for the local population, and that at least 19 accidents involving trucks have taken place on these roads ever since the trucks started plying regularly from September 2022 onwards, resulting in at least 16 fatalities.

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f) Undermines the order of the local authority, the SDM of Antagarh who assured the local people that no mining trucks would ply on SH-30 until it is widened, which has not happened till now.

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g) Bypasses the crucial step of a public hearing, considering that the nature of the project has fundamentally changed with extensive reliance on road transport of ore, and the impacted populations were never consulted in the original public hearings.

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h) Does not take into account SAIL's record of poor compliance with the conditions laid out in the EC, the Consent to Operate ("CTO") or the Wildlife Conservation Plan. The Certified Compliance Report dated 10.10.2023 makes it clear that basic mitigative procedures such as construction of the Green Belt, afforestation, measures to check soil erosion etc. have not even started. Even six-monthly compliance report on the status of environmental safeguards are neither being submitted, nor made available on the Project Proponent's website. No details regarding implementation of wildlife conservation plan been submitted thus far, nor any information about restoration of rare plants and medicinal herbs, and wildlife species. Furthermore, the roads subjected to heavy ore-bearing trucks, whose maintenance is the responsibility of the Project Proponent, are in a state of severe neglect.

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i) Overlooks the deliberately slow pace with which the railway route and related infrastructure necessary is being developed, which is necessitating repeated amendments to the original EC. While on the one hand, the people have lost their lands (forest and revenue) to the railway line many years ago, they have yet

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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to be fully compensated by the Respondent Authorities and the Project Proponent. Further, installation/ establishment of closed downhill conveyer system, crusher plants, dry screening plants, etc. have not even commenced yet, causing further delay even after the railway line is constructed.

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j) Disregards the lack of any economic rationale for transporting iron ore through 232-km long road route, compared to transporting it via rail from iron ore mines which are further away since road transportation of iron ore is 2.5 times more expensive per kilometer than rail transportation. Numbers provided by the Project Proponent indicate that obtaining equivalent quantities of iron ore from Kiriburu mines in Jharkhand would be more cost-effective.”

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We have heard the argument and perused the record.

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The original EC was granted by the MoEF&CC vide order dated 04.06.2009 after considering the relevant report and the order granting the approval under the provisions of EIA notification dated 14.09.2006 are as follows:-

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“J-11015/331/2006-IA. II (M) Government of India Ministry of Environment & Forests

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Telefax: 011-24367257 Paryavaran Bhavan, C.G.O. Complex, Lodi Road, New Delhi-110003. Dated. June 04, 2009

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M/s Steel Authority of India Ltd. Bhillai Steel Plant Bhilai-400 001 Chhattisgarh-490001.

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Sub: Rowghat Iron Ore Mine Deposit F (ML area 2028.797 ha and production capacity 14.0 MTPA) in Matia Reserve Forests, in Narainpur and Kanker Distt., in Chhattisgarh -reg. Environmental Clearance.

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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Sir,

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The undersigned is directed to refer to your letters dated 28.07.2007, 29.08.2008, 17.10.2008, 30.10.2008 and 3.4.2009 on the above mentioned subject. The Ministry of Environment and Forests has examined the application.

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2. It has been noted that the proposal is for Iron Ore mining at capacity 14.0 MTPA from Deposit-F. located in the Matla reserve forest area of Kanker & Bastar Districts of Chhattisgarh Deposit-F comprises of 7 blocks viz. Raodongri, Block-A, Tarhur Anjrel, Korgaon, Khargaon and Takrel. The strike length from Raodongri to Takrel is about 13.0 Km and average width is 700 metres. Dalli Rajhara is the nearest railhead and is located at about 90 kms from the mine site. Two crushing units are proposed at the hill top of Rowghat Deposit-F, to handie 14.0 MT of ROM. Only primary and secondary crushing will be undertaken. Sato of art technology will be adopted for dry processing at Rowghat. The secondary crushed ore will be dispatched to screening plant through down-hill closed conveyor consisting of pipe conveyors in steeper portion and open conveyors in gentler gradients. The total length of such down hill conveyor system will be about 12 km. Dry screening plant is proposed to be set up doswn-hill near loading siding. The sized product +1535mm will be despatched for consumption of Blast Furnace at Bhillai. The remaining material will be sent to existing facilities at Dalli-Rajhara for wet processing. Infrastructure facilities would be developed at foot hill. Mining will be carried out in two phases viz. Phase-I and Phase-II. Mining shall begin from Phase-1. Phase-I will involve development of Block-A, Tarhur and Anjrel which will comprise of an area of about 520.37 ha in Phase-ll, it is proposed to develop three blocks viz. Korgaon, Kharkagaon and Takrel. Mining area required in Phase-Il will be about 362.85 ha. Method of mining will be open cast mechanised involving drilling and blasting. Break up of land use area at the end of mining will

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶143

be as follows: mining area 678.63 ha; area for waste dump 52.48 ha; infrastructure 19.80 ha; roads and railways 42.20 ha, conveyor gallery 9.45 ha; power corridor 3.30 ha; loading yard 15.35 ha; and foothill complex 15.36 ha. There are no wildlife sanctuaries, national parks, biosphere reserves, heritage sites etc. within 10 km of the lease boundary. Ultimate depth of mining will be at 690 m above MSL. Ground water table is at 553 m above MSL Mining will not Intersect ground water table. Water requirement will be about 6850 KLD which will be met from Mendki River and Nibra nallah. Solid waste of about 15 million cum will be generated. Mining plan (including progressive mine closure plan) was approved by IBM on 22.03.2007. Public hearings were held on 25.06.2007 and 29.06.2007. Stage-1 Forestry clearance for diversion of 883.22 ha for forest land for nonforests activity was accorded on 21.11.2008. Cost of the project will be about Rs 2500/- Crores.

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3. The project has been considered in accordance with the provisions of the EIA notification issued by the Ministry of Environment & Forests vide S.O. 1533 (E), dated September 14, 2006. 4. Based on the information submitted by you, as at Para 2 above and others, the Ministry of Environment and Forests hereby accords environmental clearance to the above project for mining over a lease area of 883.22 ha for which forests clearance (Stage-1) for diversion of forest land has been accorded, under the provisions of EIA notification dated September 14, 2006, subject to the compliance of the following Specific and General conditions.”

¶145

This EC was subject to condition to conserve the rich biodiversity of the area including wildlife, mitigating measures for regeneration, restoration of rare plants of economic importance, ensuring that 20% of the profit

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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shall be spent for the development of the area for the benefit of the marginalized section of the population especially tribal peoples.

¶150

The project proponent further moved an application dated 23.06.2009 for modification of the general conditions and MoEF&CC vide letter dated 15.03.2010 as follows:-

¶151

i. The project proponent will earmark an amount of Rs. 80 crores for the overall development of the area and the local people, loading yard is increased up to 62.00 ha., number of the shift for mine operation shall be as per the approved mine plan and it was communicated to the authorities concerned.

¶152

ii. Pre-feasibility report prepared by MECON Ltd. Rachi submitted the executive summary with the facts that:-

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“A. EXECUTIVE SUMMARY

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Steel Authority of India Limited (SAIL) is a public sector undertaking, largely owned by Government of India and functions like an operating company. SAIL, by virtue of its Maharatna status, enjoys significant operational and financial autonomy. Bhilai Steel Plant is a manufacturing unit of SAIL. SAIL – the largest steel producer in country, has embarked upon a massive modernization and expansion plan to retain its position as the ‘leader of the Indian Steel industry’ w.r.t. market share by enhancing its production capacity to 23.46 MTPA from the installed production capacity of 13.8 MTPA of hot metal. SAIL sources its entire requirement of iron ore and part of its requirement of limestone, dolomite and coking coal from its captive mines located in the states of Jharkhand, Odisha and Chhattisgarh.

¶155

Bhilai Steel Plant (referred to as BSP here-in-after), the proud winner of the prestigious Prime Minister’s Trophy for 11 times, came into being during the 2nd Five year plan as a part

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶159

of Hindustan Steel Ltd (Later on known as Steel Authority of India Ltd - SAIL) in collaboration with erstwhile USSR. It is one of the five integrated steel plants under SAIL and is located strategically in the mineral rich central region of India. BSP has always been a major contributor to the bottom line of Maharatna Company- SAIL and hence is admired as its flagship unit. BSP’s inbound supply chain has the strategic advantage of having captive mines. BSP is undergoing expansion to increase hot metal production to 7.6 MTPA. Under expansion, BSP is setting up a large Blast Furnace (BF-8) of useful volume 4060 m3. Post expansion, the iron ore requirement for BSP will be about 12 MTPA. Development of Rowghat Mine has been envisaged to meet the future iron ore requirement of BSP. But, since it is a green field project located in Reserve Forest, it has a long gestation period.

¶160

The Ministry of Mines, Govt. of India, vide letter dated 04.01.2007 has accorded approval under section 5(1) and relaxation under section 6(1)(b) of MM(D&R) Act, 1957, for grant of Mining Lease over an area of 2028.797 hectares (ha) in Deposit-F of Rowghat, comprising of 7 blocks namely Raodongri, Block-A, Tarhur, Anjarel, Korgaon, Kharkagaon and Takrel in favour of M/s. SAIL. Accordingly, terms & conditions for grant of the above mentioned ML was accorded to SAIL by the State Govt. vide letter dated 09.01.2007. The mining plan of Rowghat was approved by IBM vide letter No. dated 22.03.2007. MoEFCC, GoI has granted Environmental Clearance for the Rowghat Iron ore Mining Project vide letter No. J- 11015/331/2006–IA.II (M) dated 4th June, 2009 and 15th March, 2010 for an annual production capacity of 14 Mt/yr of iron ore. The forest clearance has been accorded for over an area of 883.22 ha vide letter no. F.No.8-44/2005FC(Pt), dated 03.08.2009.

¶161

The concept was to develop Rowghat deposit in phases (Phase – 1 & 2) to meet the partial requirement of iron ore of BSP. It is proposed to initially develop 3 blocks viz. Block-A, Tarhur and Anjarel for excavation of total ROM of 14 MTPA in

¶162

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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phase-1.

¶166

As per the original plan, it was envisaged that the ROM ore will be transported through internal haul roads by 120 ton rear discharge dumpers to the primary & secondary crushing units to be set up at the hilltop. The secondary crushed product will be transported to the loading bay at foothill through flat bed/pipe conveyors where it will be screened to separate the Lump & Fines size fraction which will be directly dispatched to BSP. While the ore which requires beneficiation will be dispatched to Dalli-Rajhara mines (existing ML of BSP, SAIL at a distance of 95 km from Rowghat) for beneficiation through rail only. The crux of the plan was that the entire quantity shall be evacuated through Rail.

¶167

However mining, development and production from Rowghat ML could not be commenced due to “Naxal” disturbance in the area.The progress of construction of Rail line between Dalli-Rajhara & Rowghat also got hampered due to “Naxal” problem.

¶168

The issue of “Naxal” problem, was brought to the knowledge of ministry of Steel & ministry of Home affairs. After series of meetings, MHA approved 2 battalions of BSF & CRPF/ SSB for protection of mining & railway line respectively. However responsibility for developing Infrastructures i.e. barracks & campus was entrusted to BSP. BSP till date developed six nos of BSF camps at mining area & eleven nos. of camps between Dalli-Rajhara for CRPF/SSB, at a whopping cost of 90 Crores.

¶169

As a result mining area is fully secure. Railway line up to 17 km (Gudum) is functional & up to 42 km i.e. “Keonti” is expected to be completed by Nov ’2017. The Rail line up to 95 km (Rowghat) will be completed by 2021.

¶170

An alternate plan for evacuation of iron ore by road till

¶171

the year 2021:

¶172

With the present limited life of the existing reserves of iron ore

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶176

at Dalli-Rajhara of BSP mine and the increased iron ore requirement for the proposed hot metal production of BSP, development of Rowghat Deposit has become essential and urgent. Therefore an interim plan for evacuation of Iron Ore by Road has been prepared for this a traffic study of the existing road for the purpose was carried out along with base line air quality (one month) monitoring along the road evacuation corridor up to “Keonti”. During the study it was also revealed that with the existing road only 0.3 Mt/yr., can be safely evacuated. No other changes have been proposed in the approved EIA/EMP by MoEFCC, GoI.

¶177

Hence we request that:

¶178

As the proposed change in scope of work is marginal and only for limited period up to 2021 and does not involve increase in annual production capacity, we seek Amendment/ modification for evacuation of iron ore by road, in the Environment Clearance already granted for Rowghat Iron ore Mining Project of M/s Steel Authority of India Limited, dated 4^th June, 2009.

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B. NEED FOR THE PROJECT AND ITS IMPORTANCE TO

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THE COUNTRY OR REGION :

¶181

SAIL’s expansion & modernization program has increased hot metal production capacity to 23.2Mt/yr. Further, SAIL is also working on long term strategic plan “VISION 2025”, which will steer the company towards a target of 50 Mt/yr hot metal productionin line with the Prime Minister's vision of enhancing India's steel-making capacity to 300 Mt/yr by 2025. Iron ore is one of the key inputs for hot metal production, therefore continuous supply of quality iron ore from mines is a pre-requisite for the success of expansion & modernization programme.

¶182

Entire iron ore requirement of SAIL (BSP) is being met from Dalli Rajhara group of iron ore mines, which is going to exhaust very soon (in a time period of around 9 years). Accordingly BSP, SAIL has planned augmentation of production & infrastructure

¶183

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶186

facilities at its Rowghat mine to commensurate with SAIL’sexpansion plan. Iron ore from Rowghat mines will be supplied to BSP. The project will not only help in supply of iron ore demand to BSP but also help in the overall growth of the region.

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C. DEMAND AND SUPPLY GAP

¶188

The major application of iron ore in India is for manufacture of iron and steel. India is one of the major producers and exporters of high grade iron ore. The iron ore production in India was 152.43 Mt for the year 2013-14. Out of total production of 152.43 Mt, domestic iron ore consumption was estimated to be 110.50 Mt for the same year which means the entire domestic demand is satisfied by domestic supplies of iron ore.The major iron ore producing states are Odisha, Jharkhand, Chhattisgarh, Karnataka and Goa. India is world’s 4th largest iron ore producer and 3rdexporter after Australia and Brazil. India iron ore export during 2013-14 was 16.30 Mt showing decline in export from previous years.

¶189

SAIL is implementing its growth plan to enhance hot metal production capacity to 23.46 Mt/yr by 2015-16 with an investment of about Rs 72,000 crore. The iron ore requirement for the current expansion will increase to about 43 Mt/yr. In order to meet enhanced requirement of iron ore, production capacity of existing mines at Gua, Bolani, Kiriburu, Meghahatuburu, Barsua and Kalta is being expanded to its maximum potential and new mines are planned to be developed at Rowghat, Chiria and Taldih.

¶190

Iron ore produced from SAIL’s captive mines are used up in the company’s steel plants. SAIL’s steel plants are being modernized and expanded. The proposed iron ore production from the Rowghat mine will help SAIL to meet its iron ore requirementof BSP.

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D. EMPLOYMENT GENERATION

¶192

The Rowghat mine will be headed by aMine Manager who will be responsible for the supervision, control and management of the block. The Mine Managershall report to the Mines Agent, all of

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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whom shall be provided residential accommodation at its township planned near Narayanpur. The senior most executive of BSP mines will normally be the Mines Agent for the entire complex. Director (Raw Material & Logistics)will be the nominated owner of Rowghat iron ore mines.

¶197

All statutory supervision i.e. Mines Foreman, Mining Mate etc.are being employed as specified in the Metalliferous Mines Regulation, 1961. A total of 1018 Nos. of employees will be employed at Rowghat mines. Most of the unskilled, semi-skilled and skilled workers will be local persons.

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E. EXISTING ROAD CAPACITY (AS PER IRC)

¶199

The road carrying capacity values have been determined as per the guidelines of IRC: 64-1990. As per “IRC: 64.1990: Guidelines for Capacity of Roads in Rural Areas”, the carrying capacity for different road widths are given below:

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Table 2: IRC: 64.1990: The Carrying Capacity of Roads in Rural Areas

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Sl. No	Type of road (Carriaewa	Suggested Des PCU/Day	ign Service Vol	ume in
	gy width)	Plain	Rolling	Hilly
1	Single lane road (3.75m)	2000	1800	1600
2	Intermediate lane(5.5m)	6000	5700	5200
3	Two Lane road (7.0m)	15000	10000	7000

¶202

The above values are subject to reduction/ increment based on the type of pavement, shoulder condition & width. In case of 2-lane roads, when the shoulder width is less than 1.8m, various reduction factors of IRC: 64 are to be considered to arrive at design service volumes.

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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F. PROPOSED CARRYING CAPACITY OF THE PROJECT ROAD STRETCH

¶207

The terrain condition considered for the project road stretch is generally plain terrain and accordingly the design service volumes have been considered. The existing traffic volume at Antagarh is 1728 PCU and this traffic volume has been considered for the entire project road stretch. Traffic survey at three points i.e Keonti, Antagarh and Dandak Van has been carried out. The PCU values at Antagarh is slightly less than the traffic survey conducted by PWD. Hence the PWD traffic survey data has been considered for assessing the residual carrying capacity of the project road. The road between Antagarh to Rowghat mine is the critical stretch as the width of the road is only 3.75m and all the vehicles will be passing through this stretch to ply between Rowghat mines and the railway siding near Keonti.

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Table 3: Design service volume in PCU/day & carrying capacity available

¶209

Sl. No	Project Road Stretch	Existing Carriagew ay Width	Design service volume in PCU/day (as per IRC 64)	Existing PCU (based on Traffic survey data)	Capacity available (PCU)
1	Proposed Railway siding near Keonti to Antagarh	7.0	150000.92=* 13800	1728	12072
2	Antagarh to Junction on SH-5	3.75	2000	1728	272
3	Junction on SH-5 to Rowghat mine	3.75	2000	1728	272

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Note: For Sl.No. 1 of the table a reduction factor of 0.92 has been considered due to shoulder width less than 1.8m as per IRC-64.

¶211

Thus analyzing the stretch between Antagarh to Rowghat mine from the above table it can be seen that this stretch can have spare capacity of only 272 PCU/day (both directions).

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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So, no. of PCUs in one direction	=	272/2
	=	136	PCU/day
No. of Trucks	=	136/3	Nos. (considering 1Truck = 3 PCU)
	=	45.3	Nos or 4 trucks per hour
Quantity of Iron ore transported/day	=	4520*	(considering 20T payload per truck)
	=	900 T
Quantity of Iron ore transported/year	=	900330 (No. of* working days =330/year)
	=	2,97,000T or say 3 lakh tons

¶216

Hence it can be seen that about 0.3 (Million tonnes per annum, Mtpa) can be transported through this stretch. Thus it can be concluded that in the present condition about 0.3 Mtpa can be transported through the proposed road keeping into consideration the safety and ecosystem of the area.

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G. TRAFFIC DENSITY SURVEY RESULT

¶218

In order the assess the existing traffic on various ore transporting roads, traffic survey on 24 hourly basis was conducted at the following 3 locations:

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i. Near Keonti

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ii. Antagarh

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iii. Dandak Van

¶222

The above Monitoring locations showing road evacuation corridor are marked in Drawing No. MEC/C38G/11/16/2.0.

¶223

At each of the above locations number of two wheelers (motor-cycles & scooters), light vehicles (cars, jeeps / SUVs) and heavy vehicles (buses and trucks) were passing either way were counted hourly continuously for 24 hours.

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶227

The results of the traffic density survey near keonti, Antagarh and Dandak van are given in Tables 4, 5 and 6 respectively.

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Table 4: Results of Traffic Density Survey on near keonti on 29-10-2016

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	Tw	o Wheeler	LMV		HMV
Time	To Narainpur	To Bhanupratapur	To Narainpur	To Bhanupratapur	To Narainpur	To Bhanupratapur
00:00 - 01:00	2	0	1	1	1	0
01:00 - 02:00	1	0	0	0	0	0
02:00 - 03:00	0	1	0	0	0	0

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Table 4: Results of Traffic Density Survey on near keonti on 29-10-2016

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03:00 - 04:00	0	0	0	0	0	0
04:00 - 05:00	8	3	2	4	0	0
05:00 - 06:00	9	10	6	7	4	1
06:00 - 07:00	12	13	12	10	2	3
07.00 - 08.00	19	16	8	12	8	4
08.00 - 09.00	23	20	13	17	10	6
09.00 - 10.00	30	23	20	22	7	6
10.00 - 11.00	32	37	27	35	6	5
11.00 - 12.00	44	40	36	30	9	7
12.00 - 13.00	33	36	18	24	6	7
13.00 - 14.00	21	45	23	29	11	8
14.00 - 15.00	13	30	16	21	10	4
15.00 - 16.00	20	22	21	34	6	5
16.00 - 17.00	18	16	14	18	4	8
17.00 - 18.00	11	19	9	14	3	9
18.00 - 19.00	14	13	13	7	2	4
19.00 - 20.00	10	12	11	11	2	5
20.00 - 21.00	7	8	8	6	3	1
21.00 - 22.00	4	6	10	10	4	2
22.00 - 23.00	6	3	4	7	1	0
23.00 - 00.00	3	4	1	2	0	1
Total Vehicles	340	377	273	321	99	86
PCU's(1509)	170	189	273	321	297	258

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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Table 5: Traffic Density Survey near Antagarh on 29-10-16

¶236

Date:29.10.16	Place:	Antagarh
	Two	Wheeler		LMV		HMV
Time	To Narainpur	To Bhanupratapur	To Narainpur	To Bhanupratapur	To Narainpur	To Bhan uprat apur
00:00 - 01:00	0	2	0	2	0	1
01:00 - 02:00	0	0	0	0	0	0
02:00 - 03:00	0	0	0	0	0	0
03:00 - 04:00	0	0	0	0	0	0
04:00 - 05:00	4	6	1	1	2	1
05:00 - 06:00	11	12	7	3	1	4
06:00 - 07:00	17	9	11	9	3	6
07.00 - 08.00	23	13	14	12	6	7
08.00 - 09.00	18	18	16	33	6	8
09.00 - 10.00	22	27	28	25	8	8
10.00 - 11.00	31	35	30	31	11	7
11.00 - 12.00	47	44	36	37	10	4
12.00 - 13.00	36	40	17	26	10	13
13.00 - 14.00	27	43	15	20	11	8
14.00 - 15.00	39	26	22	30	7	9
15.00 - 16.00	20	19	30	17	5	10
16.00 - 17.00	16	28	14	21	9	6
17.00 - 18.00	11	37	19	16	8	6
18.00 - 19.00	14	20	11	8	6	4
19.00 - 20.00	11	16	8	3	4	3
20.00 - 21.00	6	12	6	6	4	1
21.00 - 22.00	4	10	2	4	2	2
22.00 - 23.00	8	6	1	4	1	2
23.00 - 00.00	2	7	1	3	1	3
Total Vehicles	367	430	289	311	115	11 3
PCU's(1682)	183.5	215	289	311	345	339

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Table 6: Traffic Density Survey on Dandhak Van on 29-10-16

¶238

Date:29.10.16	Place:			Dandak Van
Time	T	wo Wheeler		L M V		H M V
	To Narainpur	To Bhanuprata pur	To Narainpur	To Bhanupratap ur	To Narainpur	To Bhanuprata pur
00:00 - 01:00	1	0	0	0	0	1
01:00 - 02:00	1	0	0	0	0	0
02:00 - 03:00	0	0	0	0	0	0
03:00 - 04:00	0	0	0	0	0	0
04:00 - 05:00	2	3	2	1	2	1

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶242

05:00 - 06:00	4	1	6	4	1	3
06:00 - 07:00	8	6	11	6	3	6
07.00 - 08.00	11	7	13	10	5	6
08.00 - 09.00	17	17	12	11	6	5
09.00 - 10.00	28	20	20	17	7	4
10.00 - 11.00	30	21	26	21	10	5
11.00 - 12.00	37	23	31	24	8	6
12.00 - 13.00	18	24	19	30	9	11
13.00 - 14.00	14	25	13	27	7	7
14.00 - 15.00	20	31	25	21	7	8
15.00 - 16.00	31	21	18	29	5	10
16.00 - 17.00	13	32	19	23	8	6
17.00 - 18.00	11	16	11	19	8	4
18.00 - 19.00	8	11	7	12	6	3
19.00 - 20.00	6	6	3	7	3	1
20.00 - 21.00	4	7	2	3	3	2
21.00 - 22.00	5	2	2	6	2	1
22.00 - 23.00	3	3	1	2	1	1
23.00 - 00.00	1	0	1	0	0	2
Total Vehicles	273	276	242	273	101	93
PCU's(1372)	136.5	138	242	273	303	279

¶243

H. POSSIBLITY OF INCREASING TRUCK TRAFFIC FROM

¶244

SAIL’S MINES

¶245

¶246

The road between Antagarh to Rowghat mine is the critical stretch as the width of the road is only 3.75m and all the vehicles will be passing through this stretch to ply between Rowghat mines and the railway siding near Keonti.

¶247

As per IRC:64 ”Guidelines for Capacity of Roads in Rural Areas, the recommended design service volume for single lane roads (3.75 m) on plain terrain (Rowghat Mine to Antagarh) is 2000 Passenger Car Units (PCUs) per day.

¶248

¶249

Appeal No. 01/2024(CZ)

¶250

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶251

The existing traffic density on SH-5 (near Antagarh) has been found to be 1728 PSU/day. Hence, the total carrying capacity available is 272 PCU/day for the Rowghat to Keonti Siding stretch.

¶252

Further, for the two lane roads on plain terrain (Antagarh to Keonti stretch) is 15000 Passenger Car Units (PCUs) per day and the reduction factor for shoulder width of 1.2 m is 0.92. Accordingly, the recommended design service volume comes down to 13800 PCUs/day.

¶253

Considering existing traffic density on SH-5 (near Antagarh) to be 1728 PSU/day and the proposed additional traffic load from Antagarh to kentia stretch to be about 272 PCU/day, the total expected heavy vehicle traffic on Antagarh to keonti stretch shall be about 2000 nos./ day, which is very minimal compared to the traffic carrying capacity available.

¶254

I. ENVIRONMENTAL IMPLICATIONS OF CHANGED SCENARIO

¶255

The following environmental attributes may be affected due to changes in production planning:

¶256

1. Emissions and air quality &

¶257

2. Noise level

¶258

J. Micro Meteorology

¶259

Prevailing micro-meteorological conditions regulates the dispersion and dilution of air pollutants in the atmosphere. In view of the above meteorological station was set up at BSP Hospital, Antagarh.

¶260

The following parameters were recorded at hourly intervals continuously during the monitoring period (Oct. - Nov. 2016).

¶261

Wind speed

¶262

Wind Direction

¶263

Air Temperature

¶264

Relative humidity

¶265

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Appeal No. 01/2024(CZ)

¶267

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶268

Whereas, rainfall was recorded on hourly basis.

¶269

Tables 7 gives the summary of monitored meteorological data (Oct.- Nov. 2016).

¶270

Table 7: Summarised Meteorological Data during monitoring period

¶271

Month	Wind s	peed (m	/s)	Temper	ature (°C)		Rela (%)	tive humi	dity	Rain	fall (mm	)
	Mean	Max.	% of Calm	Mean	Highest	Lowest	Me an	Highes t	Low est	Tot al	24 hrs. highe st	No. of Rain y days
Oct.- Nov., 2016	0.16	2.38	88.01	26.82	36.3	18.0	69. 25	93.6	8.3	2	1	03

¶272

Wind frequency distribution as monitored is given at Table 8. From the table it can be seen that during the monitoring period (Oct. - Nov. 2016). Overall including day and night the predominant wind direction is from SSW (2.48%), followed by S (2.07%), SW (1.66%) and N (1.66%). The calm conditions prevailed for 88.02% of the time. During day time predominant wind direction was SSW (4.64%) followed by NNW (4.10%), S (3.83%) and N (3.01%); calm conditions prevailed for 78.69% of the time. During night time the predominant wind is SSE (0.83%) followed by N, NNE, ESE, SE, S and SSW (0.28%) and calm condition prevailed for 97.28% of the time.”

¶273

The traffic density study was again done vide a report dated July, 2021

¶274

while moving amendment in EC for changes in operations of Raoghat Iron Ore Project and the study as narrated reveals as follows:-

¶275

A. Traffic Density Study

¶276

Traffic Density was studied on the proposed haul routes on SH-5 at the following three locations:

¶277

i. SH-5 [Narayanpur to Rajnandgaon Road] Near Dandakvan

¶278

¶279

Appeal No. 01/2024(CZ)

¶280

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶281

Security Camp(TD1)

¶282

ii. SH-5 [Narayanpur to Rajnandgaon Road] near Tadoki (TD2)

¶283

iii. SH-5 on outskirts of Antagarh before turn-off to Antagarh Rly. Siding (TD3)

¶284

The number of two-wheelers, light motor vehicles and heavy vehicles going both-ways was recorded every hour continuously for seven days stating from 16th February, 2021 early morning. The summarized results of traffic survey are given in Tables 3.25.1, 3.25.2 and 3.25.3. The date wise data is given.

¶285

Table 3.25.1: Traffic on SH-5 [Narayanpur to Rajnandgaon Road] Near Dandakvan Security Camp at 19o52’50.2”N, 81o12’28.4”E

¶286

Time		Towar	ds Bhanupr Agri.	atapur		Towa	rds Nary Agri.	anpur	Traffic In Terms Of PCUs *
	2 Wheelers	LMVs	Tractors, LCVs	HMVs	2 Wheelers	LMVs	Tractor s, LCVs	HMV s
0600 – 0700 hrs.	7 - 14	4 - 8	4 - 9	4 – 9	6 – 12	3 – 7	3 – 12	4 – 6	57.5 - 82
0700 – 0800 hrs.	9 - 22	1 - 7	6 - 15	5 – 9	11 – 19	1 – 5	5 – 9	5 – 7	68 – 91.5
0800 – 0900 hrs.	14 - 25	2 - 11	9 - 15	1 - 5	15 - 32	4 - 7	6 - 16	3 - 7	74 – 103.5
0900 – 1000 hrs.	21 - 31	5 - 9	13 - 25	5 - 9	23 - 35	6 - 12	11 - 21	4 - 7	113 – 142.5
1000 – 1100 hrs.	27 - 35	3 - 10	10 - 16	3 - 7	25 - 32	6 - 12	9 - 14	5 - 8	101.5 – 125.5
1100 – 1200 hrs.	14 - 28	4 - 9	10 - 15	4 - 6	12 - 36	5 - 12	2 - 17	5 - 11	94 – 118
1200 – 1300 hrs.	17 - 33	7 - 13	7 - 12	3 - 9	10 - 28	5 - 8	9 - 15	4 - 7	91.5 – 122.5
1300 – 1400 hrs.	20 - 34	4 - 12	7 - 18	4 - 7	17 - 31	1 - 9	8 - 13	4 - 6	82.5 – 126
1400 – 1500 hrs.	12 -18	3 - 12	7 - 14	1 - 6	6 - 23	4 - 8	4 - 12	3 - 7	57 – 85.5
1500 – 1600 hrs.	12 - 27	6 - 14	5 - 13	3 - 4	10 - 21	3 – 8	4 - 16	2 - 6	71 – 88.5
1600 – 1700 hrs.	9 - 24	5 - 9	5 - 14	2 - 4	9 - 25	1 – 7	7 - 11	2 - 6	66 – 81.5
1700 – 1800 hrs.	13 - 23	5 - 9	6 - 12	5 - 9	20 - 33	4 - 6	8 - 11	3 - 6	87.5 – 101.5
1800 – 1900 hrs.	7 - 12	3 - 6	8 - 11	2 - 6	17 - 23	2 - 8	5 - 7	2 - 6	51.5 - 85
1900 – 2000 hrs.	3 - 8	1 - 2	6 - 9	4 - 5	4 - 15	1 - 5	5 - 12	2 - 8	51 - 82
2000 – 2100 hrs.	2 - 5	1 - 3	3 - 7	3 - 7	2 - 5	1 - 4	4 - 14	3 - 5	44.5 – 59.5
2100 – 2200 hrs.	1 - 4	0 - 2	0 - 5	3 - 5	0 - 2	1 - 3	2 - 4	2 - 4	28.5 – 36
2200 – 2300 hrs.	0 - 2	0 - 2	0 - 3	0 - 1	0 - 2	0 - 1	0 - 1	0	3.5 – 10.5
2300 – 0000 hrs.	0	0	0	0	0	0	0	0	0
0000 – 0100 hrs.	0	0	0	0	0	0	0	0	0
0100 – 0200 hrs.	0	0	0	0	0	0	0	0	0
0200 – 0300 hrs.	0	0	0	0	0	0	0	0	0
0300 – 0400 hrs.	0 - 2	0 - 1	0 - 2	0	0 - 1	0	0 - 1	0 - 1	0.5 - 7
0400 – 0500 hrs.	2 - 4	1 - 3	0 - 2	0	0 - 5	1 - 3	1 - 3	0	6.5 – 13.5
0500 – 0600 hrs.	4 - 9	1 - 3	1 - 3	1	3 - 8	2 - 4	1 - 5	0	13.5 - 29
TOTAL	233 - 314	72 - 114	142 - 172	66 - 93	255 -310	68 - 99	_129 - 157 _	72 - 89	1245 – 1447
1 2-w	heeler = 0	.5 PCU;	1 LMV = 1	PCU; 1 A	gri. Tract	or/ LCV	= 1.5 PC	Us; 1 H	MV = 3 PCUs

¶287

¶288

Appeal No. 01/2024(CZ)

¶289

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶290

Table 3.25.2: Traffic on SH-5 [Narayanpur to Rajnandgaon Road] near Tadoki at 19o57’55.8”N, 81o09’28.0”E

¶291

Time	To	wards Bh	anupratapu Ai	r	T 2	owards N	aryanpur Ai		Traffic In Terms Of
	2 Wheeler s	LMVs	gr. Tractors, LCVs	HMV s	Wheelers	LMVs	gr. Tractors LCVs	HMVs	PCUs *
0600 – 0700 hrs.	6 - 25	5 - 11	6 - 12	4 - 12	4 - 20	3 - 18	6 - 18	3 - 14	67.5 – 174.5
0700 – 0800 hrs.	14 - 31	4 - 13	4 - 16	3 - 8	10 - 24	5 - 16	4 - 20	3 - 9	85 – 138.5
0800 – 0900 hrs.	21 - 54	1 - 21	5 - 29	5 - 14	22 - 44	3 - 20	6 - 25	3 - 14	74.5 – 227.5
0900 – 1000 hrs.	29 - 71	2 - 11	11 - 22	5 - 11	39 - 91	4 - 12	9 - 29	5 - 10	134 – 206.5
1000 – 1100 hrs.	60 - 81	7 - 10	9 - 15	6 - 16	52 - 80	7 - 13	9 - 23	2 - 17	156.5 – 257
1100 – 1200 hrs.	42 - 101	3 - 24	4 - 64	7 - 18	48 - 122	4 - 21	5 - 33	9 – 16	171 – 315.5
1200 – 1300 hrs.	27 - 89	4 - 21	7 - 27	6 – 17	39 - 76	4 - 29	8 - 20	5 - 15	135.5 - 240
1300 – 1400 hrs.	38 - 94	2 – 15	10 - 20	6 - 15	37 - 95	4 - 11	11 - 22	3 – 18	114 – 259.5
1400 – 1500 hrs.	42 - 78	0 - 19	12 - 24	2 - 20	37 – 55	4 - 20	5 - 16	6 – 19	107 - 252
1500 – 1600 hrs.	39 - 107	3 – 19	12 – 33	1 - 18	35 – 95	2 – 25	6 – 26	1 – 19	100 – 329.5
1600 – 1700 hrs.	18 - 59	9 - 25	15 – 31	8 – 13	13 – 69	8 – 23	15 – 18	12 – 14	147.5 – 203.5
1700 – 1800 hrs.	17 - 50	4 – 11	11 – 28	6 – 13	39 – 107	8 – 14	8 – 27	6 – 12	142 – 223
1800 – 1900 hrs.	11 – 42	2 – 14	9 – 22	4 – 16	18 – 58	4 – 16	7 – 21	4 – 13	103 - 220
1900 – 2000 hrs.	8 – 25	2 – 12	12 – 22	6 – 13	16 – 27	4 – 22	9 – 17	5 – 14	100 - 170
2000 – 2100 hrs.	6 – 28	4 – 24	5 – 19	5 – 12	9 – 17	3 – 17	7 – 21	6 – 13	86.5 - 154
2100 – 2200 hrs.	1 - 15	1 - 13	7 - 15	3 – 7	3 - 12	0 - 10	6 – 20	3 - 7	54.5 – 103.5
2200 – 2300 hrs.	1 - 7	0 - 5	3 - 5	1 - 3	2 - 5	0 - 3	2 - 7	1 - 2	15 - 39
2300 – 0000 hrs.	0	0	0 - 1	0 - 1	0	0	0 - 2	0	0 – 4.5
0000 – 0100 hrs.	0	0	0	0	0	0	0	0	0
0100 – 0200 hrs.	0	0	0	0	0	0	0	0	0
0200 – 0300 hrs.	0	0	0	0	0	0	0	0	0
0300 – 0400 hrs.	2 - 4	0 - 1	0 - 5	0	1 - 9	0 - 2	1 - 3	0	6 – 21.5
0400 – 0500 hrs.	3 - 11	1 - 2	1 - 6	0 - 2	2 - 8	0 - 4	0 - 5	0 - 2	5 - 41
0500 – 0600 hrs.	2 - 17	1 - 4	2 - 8	1 - 7	1 - 15	2 - 6	2 - 9	0 - 6	18.5 - 74
TOTAL	595 -825	117 222	174-338	118 -	586 -787	110 -	184 -	134 -	2213 –
				197		234	322	181	3089.5
1 2-wh	eeler = 0.5	PCU; 1 L	MV = 1 PCU	; 1 Agri.	Tractor / LC	V = 1.5 P	CUs; 1 HM	V = 3 PC	Us

¶292

Table 3.25.3: Traffic on SH-5 [Narayanpur to Rajnandgaon Road] on outskirts of Antagarh at 20o05’23.9”N, 81o09’13.8”E

¶293

Time	Tow	ards Bha	nupratapu	r		Towards N	aryanpur		Traffic In Terms Of _PCUs* _
	2 Wheeler s	LMVs	Agri. Tractors, LCVs	HMV s	2 Wheelers	LMVs	Agri. Tractors, LCVs	HMV s
0600 – 0700 hrs.	4 - 23	0 - 5	3 - 6	1 - 12	8 - 23	0 - 5	3 - 6	4 - 24	41 - 148
0700 – 0800 hrs.	18 - 60	1 - 6	11 - 14	4 - 6	26 - 38	7 - 8	6 - 16	12 - 36	126 – 229.5
0800 – 0900 hrs.	29 - 125	2 - 5	9 - 22	1 - 11	44 - 116	3 - 8	8 - 23	10 - 40	138.5 – 259.5
0900 – 1000 hrs.	66 - 134	4 - 8	17 - 29	4 - 13	102 - 160	6 - 11	23 - 45	9 - 17	233.5 - 325
1000 – 1100 hrs.	79 - 179	8 – 18	20 – 32	4 - 7	56 - 135	6 - 20	25 - 34	9 - 16	239 - 347
1100 – 1200 hrs.	96 - 213	10 – 22	23 - 40	5 - 16	111 - 188	8 - 14	20 - 51	18 - 22	300.5 - 429
1200 – 1300 hrs.	75 - 112	9 - 14	20 - 29	4 - 28	80 - 139	12 - 21	29 - 36	10 - 14	241.5 - 374
1300 – 1400 hrs.	90 - 132	9 - 16	15 - 36	6 - 65	93 - 125	10 - 20	25 - 33	5 - 9	244.5 –

¶294

¶295

Appeal No. 01/2024(CZ)

¶296

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶297

									447.5
1400 – 1500 hrs.	91 - 120	5 - 12	22 - 41	8 - 28	94 - 131	12 - 16	16 - 29	5 – 12	214 – 357.5
1500 – 1600 hrs.	86 – 139	9 - 15	22 - 32	7 - 27	100 - 136	9 - 14	21 - 29	4 – 6	243 – 361.5
1600 – 1700 hrs.	78 – 125	3 - 12	24 - 34	8 - 32	86 - 130	9 - 13	20 - 42	4 – 14	237.5 - 335
1700 – 1800 hrs.	91 – 136	9 - 15	22 - 37	8 - 22	71 - 117	6 – 14	14 - 31	6 – 8	231 – 312.5
1800 – 1900 hrs.	48 – 118	5 - 12	18 - 31	5 - 27	42 - 107	5 - 12	16 - 24	3 – 7	166.5 – 259.5
1900 – 2000 hrs.	62 – 105	6 - 8	10 - 22	6 - 11	61 - 91	4 - 8	10 - 26	2 – 10	146 – 212.5
2000 – 2100 hrs.	56 – 96	4 - 14	4 - 25	4 - 11	42 - 104	2 - 9	5 - 27	3 – 9	139.5 – 209
2100 – 2200 hrs.	52 - 86	3 - 7	6 - 17	3 - 9	40 - 101	4 - 8	4 - 15	2 - 14	117 - 185
2200 – 2300 hrs.	12 - 51	0 - 2	1 - 3	0	11 - 27	0 - 1	0 - 7	0	13 – 46.5
2300 – 0000 hrs.	0	0	1	0 - 1	0	0	0	0	3 – 4.5
0000 – 0100 hrs.	0	0	0	0	0	0	0	0	0
0100 – 0200 hrs.	0	0	0	0	0	0	0	0	0
0200 – 0300 hrs.	0	0	0 - 1	0	0	0	0 - 1	0	0 - 3
0300 – 0400 hrs.	1 - 3	0	0 - 3	0	0 - 2	0	0 - 5	0	3.5 – 13.5
0400 – 0500 hrs.	2 - 6	0 - 1	2 - 4	0	0 - 7	0 - 1	0 - 3	0	7.5 - 16
0500 – 0600 hrs.	2 - 19	1 - 3	1 - 4	1	1 - 14	1 - 2	2 - 3	0	15 - 29
TOTAL	1305 -	123 -	312 -	129 -	1340 -1673	125 -	317 - 426	131 -	3572.5 –
	1721	174	403	213		184		207	4338
1 2-	wheeler = 0.	5 PCU; 1	LMV = 1 P	CU; 1 Agr	i. Tractor / LC	V = 1.5 PC	Us; 1 HMV = 3	PCUs

¶298

As per IRC:64”Guidelines for Capacity of Roads in Rural Areas”, the recommended design service volume for roads on various terrains with low curvature (<51o/km) is given in Table 3.26:

¶299

Table 3.26: Carrying capacity for different road widths

¶300

Sl. No	Type of road (Carriageway width)	Suggested Design Plain	Service Volume i Rolling	n PCU/Day Hilly
1	Single lane road(3.75m)	2000	1800	1600
2	Intermediate lane(5.5m)	6000	5700	5200
3	Two Lane road(7.0m)	15000	10000	7000

¶301

The stretch of SH-5 [Narayanpur to Rajnandgaon Road] from Narayanpur up to near Tadoki has a 3.75 m wide carriage-way with much wider unpaved shoulders on both sides. Beyond Tadoki the carriage-way width has been increased to 5.5 m and this width is more or less maintained beyond Antagarh.

¶302

Present maximum traffic volume on SH-5 near Dandakvan Security Camp is ~1450 Passenger Car Units (PCUs) per

¶303

¶304

Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶305

dayi.e. within the Suggested Design Service Volume. Just beyond Tadoki, the maximum traffic is ~3090 PCUs /day whereas near Antagarh just before the diversion leading to Antagarh siding the maximum traffic is ~4340 PCUs /day. Thus, the present traffic volume on this stretch of SH-5 is within the threshold limits for intermediate-lane roads.”

¶306

The study further reveals the impact as follows

¶307

A. “ANTICIPATED ENVIRONMENTAL IMPACTS AND MANAGEMENT PLAN

¶308

The proposed modification in operation of Rowghat Iron Ore Project envisages change operations.

¶309

The original proposal envisaged opening a new open cast iron ore mine (Rowghat) with rated capacity of 14.0 MTPA. The mined ore would be despatched by rail to Bhilai Steel Plant (BSP) by rail. The rail link would be developed by extending the existing Bhilai to Dalli- Rajhara railway line by ~95 km up to Rowghat.

¶310

However due to various problems neither the mine could be developed nor the rail link completed in time. Hence in 2017, the original EC was amended to allow opening the mine initially with rated capacity of 0.3 MTPA; the mined ore would be trucked part of the way towards BSP up to Keonti where the ore would be loaded onto railway wagons.

¶311

Inspite of all efforts even the modified proposal could not be implemented. However now the mine can commence production with a rated capacity of 1.0 MTPA. Construction of the railway line has also advanced by ~ 17 km from Keonti to Antagarh with another ~11 km section from Antagarh to Bondanar at an advanced stage of construction. It is proposed to commence mining @ 1.0 MTPA. However due to limitation in road capacity

¶312

¶313

Appeal No. 01/2024(CZ)

¶314

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶315

the mine will be operated @ 0.8 MTPA (refer Clause 4.2 below ). The ore would be trucked to Antagarh railway siding (total distance of ~54 km of which ~45 km would be through public roads) for loading onto railway wagons. On commissioning of Bondanar railway siding the trucking of mined ore will switch to Bondanar (total haulage distance of ~43 km).

¶316

B. IMPACTS ON LAND USE

¶317

The proposed amendment would not affect land use in any way as only mode of mineral transport would change temporarily.

¶318

C. IMPACT ON EXISTING TRAFFIC INFRASTRUCTURE

¶319

Iron ore produced at the new Rowghat Mine shall be despatched by road and rail. Initially the ore would be despatched by road up to Antagarh railway siding (haulage distance ~54 km) for subsequent despatch to BSP by rail. Once the rail link is extended from Antagarh to Bondanar, the ore will be trucked to Bondanar (haulage distance ~43 km). The despatch will involve trucking of material through SAIL’s internal roads over a distance of 8.8 km to the State Highway leading from Narayanpur to Rajnandgaon and Bhilai, Raipur.

¶320

Present maximum traffic volume on SH-5 [Narayanpur to Rajnandgaon Road] near Dandakvan Security Camp is ~1450 Passenger Car Units (PCUs) per day (ref. Table 3.25.1 in Chapter 3). This stretch up to near Tadoki has a 3.75 m wide carriage-way with much wider unpaved shoulders on both sides. Beyond Tadoki the carriage-way width has been increased to 5.5 m and this width is more or less maintained beyond Antagarh. Just beyond Tadoki, the maximum traffic is ~3090 PCUs /day (ref. Table 3.25.2 in Chapter 3) whereas near Antagarh just before the diversion leading to Antagarh siding the maximum traffic is ~4340 PCUs /day.

¶321

¶322

Appeal No. 01/2024(CZ)

¶323

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶324

With the mine capacity at 0.8 MTPA, considering 350 days of operation per year and material despatch in 30 t capacity trucks, about 75 trucks will be despatched daily. The traffic on the road will increase by 150 trucks per day which is equivalent to 450 PCUs per day. The resultant traffic volume on SH-5 up to Dandakvan (and a few km beyond as there

¶325

are no settlements or activities on this stretch which can contribute vehicular traffic) will be 1900 PCUs per day i.e. within the recommended design volume of 2000 PCUs per day as recommended by IRC:64 ”Guidelines for Capacity of Roads in Rural Areas”.

¶326

Beyond Tadoki there is enough spare capacity of the road to handle despatch of 0.8 MTPA of iron ore from the mine.

¶327

It is to be noted that the width of SH-5 is being increased, initially to 5.5 m, by the concerned State Government agency (PWD). Once the road widening is complete, there will be enough spare capacity.

¶328

When the entire road is widened to 5.5 m, the capacity of the mine may be increased.

¶329

D. IMPACTS ON AMBIENT AIR QUALITY

¶330

Iron ore handling and transportation activities generates fugitive dust. Emissions from diesel powered earth moving and material handling machinery also contribute air pollutants during transportation. However, the fugitive dust during loading/unloading is not expected to spread beyond lease area. During transportation of ore outside the lease area, the emission shall be limited to close to road sides. Gaseous pollutants like SO2, NOx and CO will also be added to the ambient air due to vehicular traffic movement associated with the construction phase. Gaseous emissions from construction machineries and

¶331

¶332

Appeal No. 01/2024(CZ)

¶333

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶334

vehicles will be controlled by technological means as well as emission reduction practices.

¶335

During the operation period the impacts that are associated with the air quality are:

¶336

≠ Deterioration of air quality due to generation of fugitive dust emissions from activities like excavation, hauling and dumping of excavated ore.

¶337

≠ Generation of pollutants due to operation of diesel powered heavy vehicles and other machinery.

¶338

0.8 MTPA of Iron Ore from Block A shall be hauled to Antagarh Railway siding in 30 t tipper trucks. Considering 350 days of operation per year and mineral despatch over a period of 12 hours per day, approximately 6 - 7 truck-loads of material will be dispatched every hour to the railways siding.

¶339

The PM10, PM2.5 emissions due to road emissions and other activities are calculated based on AP-42 and field observations. For gaseous emissions based on the percentage of sulphur present in diesel and the emission rates monitored by USEPA.”

¶340

The learned counsel for the appellant has submitted that the impugned Order gave an ex post facto clearance for the use of the “Proposed Haul Route” for transportation of iron ore, which was already in use by the Project Proponent ever since regular iron ore mining started in Rowghat mines. The Haul Route has three components – the Approach road, the transportation corridor and the railway siding, all three of which were altered by the Project Proponent without any information to the EAC and without any prior EC. The EC was subsequently amended vide the Impugned order, making it an ex post facto clearance, which is illegal.

¶341

¶342

Appeal No. 01/2024(CZ)

¶343

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶344

a) Approach Road approved by EC amendment in 2017, and approval extended in 2021, is the road from Block A (north end of Rowghat mine) to the SH-5 near Dandakvan. However, this was never built by the project proponent.

¶345

But the Approach Road built by project proponent and granted approval via impugned order is the road from the Anjrel Block (centre of the mine) via Khodgaon.

¶346

b) Railway Siding approved by EC amendment in 2017 and approval extended in 2021 – is at “Keonti” village. It was for this yard that ground level concentrations of air pollutants were predicted for unloading of trucks carrying 0.3 MTPA.

¶347

However, the Railway Yard that was constructed by the Project Proponent, and granted approval post facto by the impugned order is at Antagarh. No studies have been done till date the predict the Ground Level Concentrations of air pollutants due to unloading of trucks carrying 2 MTPA.

¶348

c) Transportation corridor approved by the EC amendment in 2017, which was extended in 2021, is via the SH-5, covering a short route of 77 kms along the Narayanpur-Antagarh road.

¶349

However, ever since regular mining commenced on 24.8.2022, the routes adopted by the mining trucks have been via a 232 km long route through Narayanpur – Kondagaon – Kanker – Bhanupratappur – Antagarh. Empty trucks, after unloading the iron ore, take the short route along the Antagarh- Narayanpur, at night. This route was given post facto clearance vide the impugned order.

¶350

¶351

Appeal No. 01/2024(CZ)

¶352

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶353

Learned counsel for the appellant has further relied on Common Cause vs. Union of India (2017) 9 SCC pg. 499 where it was held :

¶354

“125. We are not in agreement with the learned counsel for the mining leaseholders. There is no doubt that the grant of an EC cannot be taken as a mechanical exercise. It can only be granted after due diligence and reasonable care since damage to the environment can have a long-term impact. EIA 1994 is therefore very clear that if expansion or modernisation of any mining activity exceeds the existing pollution load, a prior EC is necessary and as already held by this Court in M.C. Mehta [M.C. Mehta v. Union of India, (2004) 12 SCC 118] even for the renewal of a mining lease where there is no expansion or modernisation of any activity, a prior EC is necessary. Such importance having been given to an EC, the grant of an ex post facto environmental clearance would be detrimental to the environment and could lead to irreparable degradation of the environment. The concept of an ex post facto or a retrospective EC is completely alien to environmental jurisprudence including EIA 1994 and EIA 2006. We make it clear that an EC will come into force not earlier than the date of its grant.” [emphasis added].

¶355

In Alembic Pharmaceuticals Ltd. v. Rohit Prajapati, (2020) 17 SCC 157, the Hon’ble Supreme Court held that ex post facto EC cannot be held valid-

¶356

“23. The concept of an ex post facto EC is in derogation of the fundamental principles of environmental jurisprudence and is an anathema to the EIA Notification dated 27-1-1994. It is, as the judgment in Common Cause [Common Cause v. Union of India, (2017) 9 SCC 499] holds, detrimental to the environment and could lead to irreparable degradation. The reason why a retrospective EC or an ex post facto clearance is alien to environmental jurisprudence is that before the

¶357

¶358

Appeal No. 01/2024(CZ)

¶359

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶360

issuance of an EC, the statutory notification warrants a careful application of mind, besides a study into the likely consequences of a proposed activity on the environment. An EC can be issued only after various stages of the decision-making process have been completed.

¶361

Requirements such as conducting a public hearing, screening, scoping and appraisal are components of the decision-making process which ensure that the likely impacts of the industrial activity or the expansion of an existing industrial activity are considered in the decision-making calculus. Allowing for an ex post facto clearance would essentially condone the operation of industrial activities without the grant of an EC. In the absence of an EC, there would be no conditions that would safeguard the environment. Moreover, if the EC was to be ultimately refused, irreparable harm would have been caused to the environment. In either view of the matter, environment law cannot countenance the notion of an ex post facto clearance. This would be contrary to both the precautionary principle as well as the need for sustainable development.”

¶362

[Emphasis added].

¶363

Learned counsel for the project proponent Mr. Gaurav Bhatia representing the M/s Steel Authority of India, has argued that these matters were raised before Hon’ble High Court of Chhattisgarh, Bilaspur vide Writ Petition (C) No. 795/2021, in the matter of Mohan Singh Dharro & Ors. Vs. Union of India & Ors., and learned counsel for the appellant has raised the issue before Hon’ble High Court and after giving an opportunity of hearing to all concerned and matters involved in this case Hon’ble the

¶364

¶365

Appeal No. 01/2024(CZ)

¶366

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶367

Court decided the matter and dismissed the application in the following

¶368

words. The copy of the order is extracted below :-

¶369

“HIGH COURT OF CHHATTISGARH, BILASPUR

¶370

Order Sheet WPC No. 795 of 2021 Mohan Singh Darro and others Versus Union Of India and others

¶371

Dated 17.02.2021

¶372

Ms. Shalini Gera, Counsel for the petitioners.

¶373

Mr. Ramakant Mishra, ASG for the Union of India/ respondents No. 1 & 2.

¶374

Dr. Saurabh Kumar Pande & Mr. Vinod Chawada, Counsel for the Steel Authority of India/ respondent 3.

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Mrs. Richa Shukla, Dy. G.A. for the State/ respondent

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No. 4.

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Heard on I.A. No. 01, application for interim relief.

¶378

Learned counsel for the petitioners submits that initially the environmental clearance was granted for excavation of the Iron Ore at Rowghat in the year 2009 by Annexure P/2 dated 04.06.2009 and according to the original environmental clearance, the Iron Ore was to be despatched to screening plant through down-hill closed conveyor consisting of pipe conveyors and thereafter to be uploaded at Rowghat Railway siding. It is stated that since the Rowghat Railway line could not be laid down, as such, in the year 2016 Bhilai Steel Plant sought for amendment in the original environmental clearance by Annexure P/3 dated 22.12.2016 and according to the request, the amendment was sought for that the Iron Ore would be transported to Keonti by road thereafter onwards to DalliRaihara by rail for period upto 2021. It is stated that the Government of India by Annexure P/6, without following the due process of public hearing or giving any access to the local public, acceded to the request in the year 2017 which was not made known to the general people, at large, as evident from the letter dated 23.06.2020 and RTI information vide Annexure P/7 dated 19.06.2020 shows that that no public consultation was taken.

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶382

Therefore, the shifting or transportation of the Iron Ore by road would amount to public health hazards as the different studies to this effect would show that it will have adverse effect on public health as also the crop would be damaged/destroyed while the heavy vehicles are allowed to ply with the Iron Ore on such roads as there is a poor management of control by the transport. Further it is stated that the Hon'ble Supreme Court in 2017(5)SCC434 has taken note of these likewise situations and has considered the presence of the Railway siding and the Railway sub-line and held that it would be most significant step in controlling the environmental pollution which persist on account of open movement of Iron Ore by road. It is further contended that presently the Iron Ore is being started to be excavated and as per the newspapers report, only 10 trucks have been allowed to ply whereas the due process of public hearing has not been taken while the amendment to environmental clearance & plan was allowed. As such, any subsequent excavation cannot be given a precedent over the law. It is further submitted that the documents attached with this writ petition would show that due to the movement of the trucks, severe accidents are also caused despite spreading of heavy dust in the area, therefore at this stage the respondents may not be allowed to excavate the Iron Ore thereby transport it by road to cause pollution.

¶383

Per contra, learned counsel for the respondents No. 1 & 2 prays for time and submits that the environmental clearance was given in the year 2017 and after a long gap it is being challenged in the year 2021. It is further submitted that the petitioner has failed to show their locus as to how they are affected.

¶384

Learned counsel for the respondent No. 3-Steel Authority of India submit that the permission was granted to the Bhilai Steel Plant to excavate the Iron Ore in the year 2009 and the Railway Station Antagarh is nearer to the excavation point. It is stated that in order to reach Keonti, further distance of 10 kms by road is required to be traveled which is reduced herein. It is submitted

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶388

that the environmental clearance is uptil December 2021 and till date the Bhilai Steel Plant has spent 1900 Crores and the Rowghat Railway line could not be laid down to the extent of 95 kms because of the naxal menace in the area. As obstruction and violence are made to stop the laying down of railway line and a single incident of violence delays the implementation of project for many months as on account of fear no workers would be available. It is stated that the violence is carried out to disrupt the entire project, therefore there is delay and thus 35 kms of Railway line still remains to be laid down. Therefore uptil December 2021 the date of permission, no substantial damage would be caused to the petitioners or the nearby villagers. It is further submitted that for the development of project, 900 Crores have already been spent and with the passage of time if the situation comes to normalcy and the naxal violence is arrested, 35 kms line further would be laid down within time which would allow to the transportation of the Iron Ore by Railways.

¶389

Heard learned counsel for the parties on the interim application and perused the documents available on record. The documents would show that initially the permission by environmental clearance was made in the year 2009 by Annexure P/2 wherein the despatch of Iron Ore was arranged to be made by a conveyor at Rowghat then from Rowghat it was to be carried to Dalli-Raihara and to the different points by Railway. Subsequently, the Steel Authority of India by Annexure P/3 in the year 2016 sought for amendment in the environmental clearance and plan for the reason that due to the naxal disturbance in the area and even deployment of the security forces in phase manner, laying down of the Rowghat line could not be completed and the line have reached up to Gudum and expected to reach Keonti by end of year 2017 and Rowghat by the end of the year 2021. The Government of India by Annexure P/6 approved the proposal which reads as under:-

¶390

“(2.18). Rowghat Iron Ore Mining Project of M/s Steel Authority of India Limited (SAIL) (14.0 MTPA, M.L.A.

¶391

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Appeal No. 01/2024(CZ)

¶393

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶394

2028.797 Ha) located in Matla Reserve Forests in Districts of Narainpur and Kanker, chattisgarh – Amendment of EC for transportation of ore from Rowghat M.L. to “Keonti” by road and further onwards to Dalli-Raihara/ Bhilai through rail for a period up to 2021.

¶395

The proposal of M/s Steel Authority of India Limited (SAIL) is for Amendment in EC granted vide letter no. J11015 / 331/ 2006 -IA.II (M) dated 4th June, 2009 and 15th March, 2010 for transportation of 0.3 million TPA of ore from Rowghat M.L. to “Keonti” by road and further onwards to Dalli Raihara/ Bhilai through rail for a period up to 2021.

¶396

During the presentation the PP has reported that development and production from Rowghat M.L. could not be commenced due to delay in approach of the railhead from Dalli Raihara to Rowghat due to “Naxal” disturbance in the area and in turn deployment of security forces in phase manner. The rail head has now reached upto “Gudum” and is expected to reach “Keonti” by end of 2017 and Rowghat by end of 2021. Further, the PP has submitted before the EAC that permission for transportation of ore is sought for 0.3 million TPA.

¶397

The EAC deliberated on the proposal submitted by the PP. Based on the deliberations, the EAC decided to grant 5 years to the PP to complete the remaining rail head portion up to Rowghat. In view of the above, the EAC approved the proposal.”

¶398

The petitioners have contended that the Iron Ore is being transported to Antagarh not Keonti even according to the amendment which was allowed by the Government of India vide Annexure P/6 is not followed. The series of the documents which are annexed to the writ petition would

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶402

show that because of the naxal menace/ disturbance, the Railway line could not be laid down. The submission of the petitioners could have been appreciated when such conditions of violence do not exist and the law of the land can take effect in normal conditions. If the unnatural events of the naxal movements intervene to resist the laying down of railway line, then the circumstances also warrant the special measure to be taken in the interest of country. In the instant case, as the excavation has been allowed vide Annexure P/6 uptil year 2021 and the Railway line could not be laid down because of the naxal disturbance, the respondents cannot be driven to a corner for the reason that the unnatural circumstances has arrested to complete the laying down of line uptil Rowghat. To arrest the movement of Iron Ore in the like nature of conditions would have a larger impact on the economy of the country. Consequently, the balance of convenience would hold the sway in favour of such movement of Iron Ore in the manner it is being carried out. It appears road to prosperity to all in strewn with sharper thorn. In view of existing circumstances, the dismissal of interim application warrants and it is accordingly dismissed.”

¶403

Aggrieved by the order of the High Court, the Appellant approached to the Hon’ble Supreme Court of India vide Special Leave Petition (SLP) through Appeal No. 18839/2021, and vide order dated 04.02.2022, the petition was finally dismissed. The relevant order is quoted below: -

¶404

“UPON hearing the counsel the Court made the following

¶405

O R D E R

¶406

1. The Special Leave Petition arises from an interim order of a Single Judge of the High Court of Chhattisgarh dated 17 February 2021. The petition under article 226 of the Constitution is pending. Hence, we are not inclined to entertain the Petition at this stage. Since the High Court is seized of the proceedings under Article 226 of the

¶407

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶410

Constitution, the rights and contentions of the parties including all objections would have to be agitated in accordance with law before the High Court.

¶411

2. During the pendency of these proceedings, the petitioners have placed on the record a copy of the extension of the Environment Clearance which was granted on 29 October 2021. This Court has not adjudicated upon the legality of the EC or its extension having regard to the fact that the proceedings are pending before the High Court and the petitioners would be at liberty to pursue their rights and remedies.

¶412

3. The Special Leave Petition is dismissed.

¶413

4. Pending applications, if any, stand disposed of.”

¶414

In response to the above, the learned counsel for the Appellant, Ms. Shalini Ghera had submitted that while they both deal with an amendment in the EC for the same Rowghat Iron Ore mining project, the circumstances of appeal are very different, in the following ways –

¶415

a) “In Mohan Singh Darro (supra), the relevant EC amendment was for a definite period – 5 years ending on 31.12.2021 and it was heard by the Hon’ble High Court at the end of this period, when only a few more months were left for its expiration. The High Court was assured by the Project Proponent that the railhead would reach Rowghat at the end of this period, i.e. by 31.12.2021 and this was considered by the Hon’ble Court while passing the order dated 17.02.2021.

¶416

The situation is vastly different today. The railhead has not yet reached Rowghat, and as per the Project Proponent, the railway would be operational only in 2027. Thus, this “interim mining” is not an arrangement merely for a few more months.

¶417

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Appeal No. 01/2024(CZ)

¶419

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶420

b) In Mohan Singh Darro (supra), the transportation was for only 0.3 million tonnes per annum of iron ore, but in the current amendment, the quantity of iron ore that is to be transported has been increased seven-fold. Thus, the impact on health, quality of life, destruction of crops and livelihood are proportionally much greater.

¶421

c) In Mohan Singh Darro (supra), the route under consideration was a short one, only 77 km, going through one district. However, the current evacuation corridor under consideration is 232 km + 58 km long, passing through 3 districts. Consequently, the number of impacted people is also much higher.

¶422

d) The current statutory appeal has important grounds of ex -post facto environmental clearance, misleading the EAC by suppressing relevant information, inadequate and incomplete studies on air pollution etc. which were not available at the time of Mohan Singh Darro. However, all the grounds taken at the time of Mohan Singh Darro are still available, since their scale has considerably enlarged, and thus a fresh look at their relative importance is warranted.”

¶423

The learned counsel for the Project Proponent Mr. Gaurav Bhatia has submitted that the matter was placed before the MoEF&CC for reconsideration in view of the law-and-order problem due to Naxalite affected area and the MoEF&CC considered the matter vide order dated 25.01.2022 and the issues raised were discussed and suitable order was passed accordingly. The relevant portion of the order is quoted below :

¶424

i. The Project Proponent submitted that due to delay in completion of rail link and handing over of forest land due to serious LWE (left wing extremism) disruption, mining

¶425

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Appeal No. 01/2024(CZ)

¶427

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶428

operation could not commence. After ressolving issue of security and forest tree cutting of 24.18ha of land on 27.01.2021, mining operation (production and dispatch) started on 05.02.2021 and it was expected that by Oct-21 mining operations will commence with full production capacity of 0.3 MTPA. PP also submitted that the rail link has been extended from Keonti to Antagarh (~17 km patch), Another -11 km long section up to Bondanar is in advanced stage of construction with likely commissioning in mid of 2022. A further -6 km long section up to Tadoki is also in progress which will commission in mid of 2023 Construction of the rall link up to Rowghat is expected to be completed by December, 2025 Further, PP submitted that development of Rowghat mine essential as reserves at existing captive iron ore mines of BSP (Dalli-Rajhara) likely to be exhausted within 5 years. The gangue percentage in iron ore reserve of Dalli Rajahra is -9.5%. Presently iron ore to be sourced from eastern sector Iron ore leases of SAIL.. Rowghat shall be the sole supplier of Iron Ore for Bhilal Steel Plant. Further, PP submitted that since railway line has advanced up to Antagarh present proposal envisages road haulage of iron ore from Rowghat to Antagarh Rly siding (-58 km haulage) Initially and subsequently will be transported to Bondanar siding (-45 km haulage). When rail link is completed up to Tadoki, Iron ore will be trucked to Tadoki siding (~40 km haulage).

¶429

ii. The Project Proponent submitted that lease deed was executed vide Rek Kramarik/Jila Kosha/Stamp/1091/2009 dated 21.10.2009 for the period of 20 years i.e., from 21.10.2009 to 20.10.2029.

¶430

iii. The Project Proponent submitted that Mining Plan including Progressive Mine Closure Plan in respect of Rowghat Iron Ore Deposit over an area of 2028.797 ha approved by IBM vide letter No. No. 314(3)/2006-MCCM(CZ)/MP-27 dated

¶431

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶434

22.03.2007 and latest Review of Mining Plan along with the Progressive mine Closure Plan for the period 2019-20 to 2023-24 approved by IBM vide letter dated 06.12.2018 over an area of 2028.797 ha. PP submitted that there is no change in the method of mining. Mining is being carried out by conventional open cast top slicing mining Involving drilling, blasting & handling of excavated mineral and waste by shovel dumper combination. The mine lease is divided into seven blocks. In the initial phase three blocks will be mined. The other blocks will be mined in the 2nd phase. The excavated mineral is processed in crushing & screening plant before being dispatched by trucks to the railway siding(s). - 6.75 km long concrete road has already been constructed from the mine to SH-5 which leads to the railway siding(s). Waste is dumped externally in designated areas within the lease. Once the rail link up to Rowghat is commissioned, dispatches through rail shall be started from Rowghat itself with production levels of 14.0 MTPA and road despatch of ore to external sidings will be phased out.

¶435

iv. The Project Proponent submitted the Addendum EIA/EMP report based on the baseline environmental data generated for one month during February, 2021 for micrometeorological conditions, ambient air quality, noise levels, water quality, soil quality and traffic density. PP also submitted that Rowghat mine commenced operation only on 5th Feb, 2021.

¶436

Micro meteorology: A micro-meteorological monitoring station was set up at Narayanpur. Wind speed & direction, air temperature and relative humidity were recorded at hourly Intervals continuously throughout February, 2021. PP submitted that wind was mostly blowing from South (S), North (N), and North East (NE). The predominant wind speeds were mostly in the range of 0.4m /s - 2m /s.

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶440

Ambient Air Quality (AAQ): PP reported that the Ambient Air Quality (AAQ) was monitored at 9 locations. The PM10 values ranged from 62 to 90 µg/m3, PM2.5 values from 34 to 58 µg/m3 NO2 concentration at the monitoring locations from 20.7 to 31.1 µg/m3 and SO2 concentration ranged from 13.7 to 21.2 µg/m3 which are well within the limits of NAAQS. The estimated values of maximum concentrations are concentrated in and around the fines excavation & loading area and the transportation route. There may be marginal increases along the transportation route only. No impacts are anticipated in residential areas which are at a distance. The maximum additional predicted GLCs are limited to 13.95 µg/m3 3.12 µg/m3 0.57 µg/m3 and 4.26 µg/m3 for PM10, PM2.5, SO2 and NOx respectively at receptors silica has been analyzed in Respirable Dust (PM10) in three samples at each location and results were well below the detection limit in A1, A2, A3 and A9 and in rest of the locations the concentration was insignificant with range of 0.001 to 0.006 µg/m3.

¶441

Ambient Noise level: PP submitted that ambient noise levels were monitored at 9 locations. Among the nine locations, one location falls under commercial zone, Ng (Antagarh) and the rest of the locations are residential areas. The day noise Leq levels at all the ambient locations are in the range of 40.2 to 63.8 dB (A) where as in the night the noise levels ranged from 37.9 to 47.3 dB (A). The high values were observed in N9 (Antagarh) due to commercial activities. Major sources of noise during the operation phase are operation of excavators and vehicular traffic. The operation of material handling equipment will generate noise levels ranging between 75 to 90 dB (A). However, this noise level will be near the source only and is not expected to raise noise levels outside the lease boundary. From the mine, mineral will be dispatched only during day-light hours, thus avoiding increase in nighttime noise levels. It has been estimated that there will be only a nominal rise in day time noise levels (-0.2 dB(A)) due

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶445

the project. Since ore transport will be only during day time, night time noise levels will be unaffected.

¶446

Water quality: PP submitted that a total of ten (10) watersampling locations were selected for the present study covering five (5) surface water and five (5) ground water. There is no trend in most of the parameters as the results are below the detection limits. The pH of the Coliform organisms, in SW1 (Devijharia Nallah) and SWS (Mendaki River D/S of ming lease)are 580 and 540 MPN/100ml respectively and when compared to the CPCB norm for surface water they fall under Class C (Drinking water source after conventional treatment and after disinfection) and rest of the samples SW2, SW3 and SW4 fall in Class B (Drinking water source after conventional treatment and after disinfection). PP reported that the pH of the ground water samples is neutral in the range of 7.35 to 7.75. Ground water samples collected are clear and the turbidity of the all samples are less the detection limit except of GW3 (Hand Pump at Vill. Bheisgaon) with 0.63 NTU. Total dissolved solids (TDS), fote hardness and total alkalinity is found to high in GW4 among the other samples with 347 mg and 160 mg/l respectively. The concentrations of metals in ground water samples are found well within the noms but the concentrations of Al in GW3 is 0.238 mg/l and Mn concentration in GW4 is 0.335 mg/l has marginally exceeded the norm of 0.2 and 0.3 mg respectively.

¶447

Soil quality : PP submitted that in the study area the soil sample S2 (Supgaon village), 54 (Bharanda village) and S5 (Khodgaon village) shows strongly acidic with pH range of 5.06 to 5.13. The soil sample S3 (Aturbeda) is modertly acidic with pH of 5.94 and S1 (near Anjarel Village) is slight acidic in nature with pH of 6.15. The conductivity in the soil samples is in the range of 21.5 to 60.4 µS/cm which indicates that all the soil samples are non saline which are

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶451

good for plants. Organic carbon was found to be low in S5 (Khodgaon), medium In S2 (Supgaon Village) and rest of the three samples S1, S3 and S4 were in high concentration range. Available Phosphorus levels are found to be in low concentration range and available Nitrogen levels are found to be medium concentration range, whereas availability of Potassium is found to be in medium range in all samples except S1 with high concentration range. As the major nutrients are not showing any major deviation among the tested soil samples, it is indicating that there is no impact on nutrient contents of soil. The collected soil samples are not showing any signs of increase in alkalinity (Sodium/Potassium). The micronutrients are in higher concentration i.e. above critical limits in the entire tested soil sample except in S1for Mn which is within the critical limit. Among the micro nutrients, the following order can be seen for the tested soil samples, Fe>Mn> Cu> Zn.

¶452

Traffic Density: Traffic Density was studied on the proposed haul routes at 3 locations al hourly intervals continuously for 7 days from 16th 22nd Feb., 2021 at TD-1: SH-5 near Dandakvan Security Camp TD-2: SH-5 at Tadoki and TD-3: SH-5 just before approach road to Antagarh Railway Siding, 0.8 MTPA ore will be dispatched from SAIL's Rowghat Mine by road initially up to Antagarh Rly Siding (haulage distance -58 km). The haulage includes -10 km of concrete road constructed from the mine to SH-5. Present maximum traffic volume on SH-5 near Dandakvan Security Camp is -1450 Passenger Car Units (PCUs) per day i.e., within the Suggested Design Service Volume. Just beyond Tadoki, the maximum traffic is -3090 PCUs/day whereas near Antagarh just before the diversion leading to Antagarh siding the maximum traffic is-4340 PCUs /day. Thus, the present traffic volume on this stretch of SH-5 is within the threshold limits for intermediate lane roads. The max cumulative AAQ values among all receptors are expected to

¶453

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶456

be -102 µg/m3, -59 µg/m3 -21.7 µg/m3 and 35.1 µg/m3 for PM10, PM2.5, SO2 and NOx respectively without management measures. With stringent management measures in place actual increas ground level concentration of pollutants, especially PM10 & PM2.5, will be less than predicted values.”

¶457

The observation and recommendation of the committees was also considered which is as follows:-

¶458

i. “The proposal for extension of validity of Environmental Clearance was considered in the 42nd EAC (Non-Coal Mining) meeting held during 30th November - 3rd December, 2021. During the meeting, the Committee noted that the PP informed that the WP (Civil) no. 795/2021 has been dismissed by Hon'ble High Court. The Committee was of the view that since the petition against the amendment in EC dated 08.06.2017 was dismissed in favour of PP, the amendment in EC earlier dated 08.06.2017 is still valid and therefore the Committee recommended the proposal of M/s SAIL for extension of validity of amendment in Environmental Clearance granted on 08.06.2017 for Rowghat Iron Ore mine Deposit F [in the mine lease area of 883.22 ha diverted forest land out of the total mining lease area of 2028.797 ha and production capacity 14 million TPA] for transportation of 0.3 MTPA of iron ore from Rowghat ML to Keonti rail head by road and further onwards to Dalli Rajhara/Bhilai by rail located in Matla Reserve Forests, in Narainpur and Kanker District, Chhattisgarh for a

¶459

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

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period of another two (2) years i.e., till 31.12.2023 along with the following specific conditions for this project.

¶463

ii. The matter has been examined in the Ministry in accordance with the Environmental Impact Assessment Notification, 2006 and further amendments thereto and the undersigned is directed to say that the Ministry of Environment, Forest & Climate Change after accepting the recommendation of EAC during its 42nd EAC (Non-Coal Mining) meeting held during 30th November-3 December, 2021, hereby accords the extension of validity of amendment in Environmental Clearance granted on 08.06.2017 for Rowghat Iron Ore mine Deposit F [in the mine lease area of 883.22 ha diverted forest land out of the total mining lease area of 2028.797 ha and production capacity 14 million TPA] for transportation of 0.3 MTPA of iron ore from Rowghat ML to Keonti rail head by road and further onwards to Dalli Rajhara/Bhilai by rail located in Matla Reserve Forests, in Narainpur and Kanker District, Chhattisgarh for a period of another two (2) years i.e., till 31.12.2023 along with the following additional specific conditions.”

¶464

It is further argued that, the matter of delay of commissioning the rail line due to left-wing extremism, the matter was again reconsidered by the MoEF&CC on the basis of the letter dated 10.08.2023 moved by the Project Proponent to the MoEF&CC where the problems were raised as follows :-

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶468

i. “Further, envisaging delay in commissioning of aforesaid Rail line due to left wing extremism (LWE an amendment in the EC was sought by SAIL for transportation of ore at the rate of 0.3 Million Tonne Per annum from Rowghat ML. to Keonti rail head (0-42 KM) by road and further onwards to Dalli Rajhara / Bhilai by rail vide MOEF&CC letter No. J-11015/331/2006/1(A)II (M) dated 8th June 2017. This permission was accorded upto year 2021..

¶469

ii. The Dalli-Rajahra Rowghat Rail link has further extended from Keonti to Antagarh and couldn't reach upto Rowgbat due to slow pace of construction affected by Left wing extremism and land hand over issue by Government of Chhattisgarh. In view of keeping the production and dispatches from mine at continuous manner SAIL, approached MoEFCC for validity extension of amended EC with higher production rate of OS MIPA. The validity extension of amended EC was accorded Irom Dec-21 to Dec-23 keeping the transport capacity same as 0.3 MIPA against SAIL's request of Os MIPA with a remark of attaining the production level of 03 MTPA and again approach MobUC for higher transport carrying capacity.

¶470

iii. Since the last EC amendment construction of the 11 km to 17 km long Antagarh - Bondanar- Tadoki section is completed or commissioning of 77 KM out of 95 KM length is completed in this remote area of Country. The land hand over in the remaining stretch of rail line is also completed after tree felling and other land acquisition issues. As per the Railway Schedule, the construction of remaining stretch shall be completed by Dec-25 and development of associated infrastructure is expected to be commissioned by Dec 26. It is to mention that SAII, has invested approximately Rs 1102 Crore in this Rail project having total projected estimated of 1627 Crore with a payback conditional clause by Railway to SAIL.

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶474

iv. Presently, Ore from Rowghat Mine is trucked to Antagarh Siding for onward despatch to Bhilai Steel Plant via direct route (-58 km via Dadakvan & Tadoki). This route is often disrupted due to law & order issues and thus impacted the dispatches. To overcome this issue SAIL is planning to disparch the material through long circuitous route Narayanpur, Kondagaon, Kanker & Bhanupratappur (Road travel distance 232 km) to reach Antagarh/ Bhanupratappur siding as an alternate with higher transport carrying capacity to meet the imminent demand of Bhilai Steel Plant which is sole supplier of Rails to Indian Railway thereby meeting the Nation's demand.”

¶475

It is further argued that under the prevailing situation of law and order problem and delay in the commissioning of the rail to the Bhilai the entire Ore will be trucked to Bhanupratappur/Antagadh, siding via Narayanpur, Konda Gaon and Kanker and once the railway line up to Rowghat is commissioned which is expected by December, 2026, Mineral dispatch to Bhilai will be by rail from Rowghat railway siding and the mine shall also attain its rated capacity. The report was supported with the Ambient Air Quality and it has been submitted that it was monitored and compared with the National Ambient Air Quality Standard given by the Central Pollution Control Board and the results are given as the chart below :-

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶479

Table 3.7: Summarized Ambient Air Quality monitoring results

¶480

*Pollutant*	*NAAQS*	*Statistic*	*Anjrel* *mines*	*Khorga on* *BSF cam*	*Narain*	*Benoor*	*Konda*	*Pharas*	*Devko*	*Pandar*	*Korar*	*Bhanu* *rata*	*Chchm*	*Antag*	*Tadok*	*Danda* *kvan*
s *(Detection* *Limits)*	*2009* *norms*	al *data*	*BSF* *camp* *(A1)*	p *(A2)*	*pur (A3)*	*(A4)*	*gaon* *(A5)*	*gaon* *(A6)*	*ngara* *(A7)*	*wahi* *(A8)*	*(A9)*	pp *pur* *(A10)*	*ar (A11)*	*a rh* *(A12)*	ee *(A13)*	*BSF* *camp* *(A14)*
#PM		Max	88	76	94	88	102	105	104	98	92	94	91	98	96	87
10 (5 μg/m³)	100	Min	65	61	64	63	84	85	78	70	77	81	71	77	70	64
		Avera ge	75	69	79	73	92	92	90	83	85	87	79	89	85	76
		C98	82	73	87	82	96	102	103	92	89	92	87	94	93	84
		Max	42	36	51	46	60	64	63	56	54	53	52	57	56	42
#PM2.5 (5 μg/m³)	60	Min	31	29	31	30	40	41	38	36	38	39	34	37	34	31
		Avera ge	36	33	39	36	50	49	48	44	43	44	40	47	43	36
		C98	39	35	47	41	57	61	59	54	52	51	48	56	52	39
#		Max	13.5	15.7	16.7	14.9	23.7	15.0	14.0	16.7	14.2	18.3	16.1	22.3	19.2	14.2
SO2 (4 μg/m³)	80	Min	10.4	10.4	11.6	10.5	12.9	13.3	10.2	13.0	10.6	12.2	10.7	16.5	9.9	9.5
		Avera ge	12.0	13.0	13.3	12.5	16.9	13.9	12.2	14.2	12.6	15.9	13.7	20.3	14.9	11.6
		C98	12.8	14.8	15.1	14.8	19.5	14.2	13.7	15.1	13.5	17.2	15.5	21.8	18.1	14.0
		Max	23.4	24.0	24.3	23.7	29.8	23.6	22.9	25.4	23.3	25.1	22.5	32.8	25.1	23.7
#NO2		Min	17.0	15.5	18.4	17.1	18.9	19.3	16.7	20.4	18.8	19.0	17.3	21.9	18.0	15.5

¶481

¶482

Appeal No. 01/2024(CZ)

¶483

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶484

(10 μg/m³)	80	Avera ge	19.8	20.2	21.3	19.6	23.2	21.8	20.4	23.2	20.9	21.5	20.5	25.9	20.1	19.9
		C98	22.8	22.6	23.9	22.4	25.4	23.4	21.6	25.0	22.3	23.6	22.3	27.1	22.2	22.1
**		Max	28.6	30.4	34.1	27.0	39.5	38.7	36.3	38.7	38.4	33.9	30.9	31.8	30.9	29.4
NH3 (42 /m³)	400	Min	20.5	21.2	20.3	20.5	26.6	23.4	21.9	23.4	24.1	20.4	21.9	21.2	21.1	20.4
_. μg _		Avera ge	24.6	25.0	26.7	23.8	32.5	30.8	30.3	32.3	31.1	26.5	25.5	25.7	25.8	25.0

¶485

Pollutants (Detection Limits)	NAAQS 2009 norms	Statistical data	Anjrel mines BSF camp (A1)	Khorga on BSF camp (A2)	Narain pur (A3)	Benoor (A4)	Konda gaon (A5)	Pharas gaon (A6	) Devko ngara (A7)	Pandar wahi (A8)	Korar (A9)	Bhanu pratap pur (A10)	Chchm a (A11)	r Antaga rh (A12)	Tadok ee (A13)	Danda kvan B camp (	SF A14)
**CO		Max	0.70	0.56	0.75	1.08	1.80	_20.0 _	_7 1.97 _	1.86	_1.81 _	_1.91 _	1.33	0.85	_1.31 _		1.25
(0.057	4	Min	0.56	0.41	0.62	0.88	1.19	1.58	1.86	_1.54 _	1.42	0.46	0.77	_0.57 _	1.09	0.79
mg/m3)		_Average _	0.61	0.50	0.69	0.98	1.47	1.86	1.92	1.73	1.58	0.97	0.97	0.73	1.22	1.04
		Max	51.3	57.0	60.7	57.7	63.8	59.	6 57.7	55.3	60.7	56.4	54.0	55.1	54.0		52.6
**O3	100	Min	32.0	31.2	31.1	32.9	37.1	36.0	31.2	35.4	35.4	39.5	37.1	39.5	34.6	34.0
(20 μg/m3)		_Average _	46.3	44.1	48.2	45.3	49.9	47.5	45.6	45.9	47.7	46.6	44.5	45.7	43.5	42.8
#Pb		Max	_0.097 _	_0.127 _	_0.121 _	0.122	_0.157 _	0.13	_9 0.127 _	0.141	0.139	0.130	0.133	_0.157 _	0.135	0	.166
(0.001	1	Min	0.081	0.082	0.084	0.085	0.099	0.106	0.085	0.098	_0.128 _	0.098	0.085	0.081	0.094	0.098

¶486

¶487

Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶488

μg/m3)		_Average _	0.091	0.111	0.099	0.101	0.132	0.1	17	0.103	0.126	0.133	0.117	0.106	0.128	0.111		0.121
#Ni		Max	<0.6	<0.6	<0.6	<0.6	<0.6		<0.	6 <0.6	<0.6	<0.6	<0.6	<0.6	<0.6	<0.6		<0.6
(0.6 ng/m3)	20	Min	<0.6	<0.6	<0.6	<0.6	<0.6	<0.	6	<0.6	<0.6	<0.6	<0.6	<0.6	<0.6	<0.6	<	0.6
		_Average _	-	-	-	-	-	-		-	-	-	-	-	-	-	-
#As		Max	<0.6	<0.6	<0.6	<0.6	<0.6		<0.	6 <0.6	<0.6	<0.6	<0.6	<0.6	<0.6	<0.6		<0.6
(0.6 ng/m3)	6	Min	<0.6	<0.6	<0.6	<0.6	<0.6	<0.	6	<0.6	<0.6	<0.6	<0.6	<0.6	<0.6	<0.6	<	0.6
		_Average _	-	-	-	-	-	-		-	-	-	-	-	-	-	-
#B(a)P		Max	_<0.2 _	_4 <0.24 _	_<0.24 _	_<0.24 _	_<0.24 _		_<0.2 _	4 _<0.24 _	_<0.24 _	_<0.24 _	_<0.24 _	_<0.24 _	_<0.24 _	_<0.24 _		_<0.24 _
(0.24	1	Min	_<0.24 _	_<0.24 _	_<0.24 _	_<0.24 _	_<0.24 _	<0.	_24 _	_<0.24 _	_<0.24 _	_<0.24 _	_<0.24 _	_<0.24 _	_<0.24 _	_<0.24 _	<	_0.24 _
ng/m3)		_Average _	-	-	-	-	-	-		-	-	-	-	-	-	-	-
$Benzene		Max	<1.0	4 <1.04	<1.04	<1.04	<1.04		<1.0	4 <1.04	<1.04	<1.04	<1.04	<1.04	<1.04	<1.04		<1.04
(1.04	5	Min	<1.04	<1.04	<1.04	<1.04	<1.04	<1.	04	<1.04	<1.04	<1.04	<1.04	<1.04	<1.04	<1.04	<	1.04
μg/m3)		_Average _	-	-	-	-	-	-		-	-	-	-	-	-	-	-
Note: #24 hour	ly **	01 hourly _$04 _	hourly

¶489

¶490

Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶491

Table 3.8: Detailed Ambient Air Quality results during May 2023

¶492

Anjrel mines BS	Fcamp - A1
Sample No.	Date	_Results in _	μg/m3					mg/m3
		PM2.5	PM10	SO2	NO2	NH3	O3	CO
1	_05.05.2023 _	35	73	10.6	17.0	25.0		41.3 0.60
2	09.05.2023	39	82	12.8	18.2	20.5		52.8 -
3	_13.05.2023 _	37	77	11.9	22.8	26.5		36.3 0.56
4	15.05.2023	_31 _	65	11.6	_18.7 _	21.9		49.5 -
5	_19.05.2023 _	38	79	13.5	23.4	24.2		55.1 0.60
6	23.05.2023	42	88	_10.4 _	18.3	23.3		57.3 -
7	_27.05.2023 _	33	68	12.8	22.2	28.6		46.1 0.70
8	30.05.2023	_34 _	70	12.2	_17.4 _	26.6		32.0 -

¶493

Khorgaon BSF c	amp - A2
Sample No.	Date	Results in μ	g/m3						mg/m3
		PM2.5	PM10	SO2	NO2	NH3	O3		CO
1	05.05.2023	_31 _	65	11.0	15.5	21.2		49.5	0.48
2	_09.05.2023 _	36	76	15.7	20.3	30.4		45.1	-
3	13.05.2023	29	_61 _	_10.4 _	_19.7 _	23.5		31.2	0.56
4	_15.05.2023 _	32	67	13.7	19.2	28.1		47.2	-
5	19.05.2023	_34 _	71	13.5	22.6	25.0		_41.7 _	_0.54 _

¶494

¶495

Appeal No. 01/2024(CZ)

¶496

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶497

6 23.05.2023	35	73	14.8	24.0	21.9	33.7 -
7 _27.05.2023 _	33	70	13.0	18.7	23.4	57.0 0.41
8 30.05.2023	32	66	_12.1 _	_21.7 _	26.3	47.2 -

¶498

	Narainpur town	- A3
Sample No.	D		Results inμ	g/m3				mg/m3
	ate	PM2.5	PM10	SO2	NO2	NH3	O3	CO
1	05.05.2023	51	94	11.6	18.4	23.3	48.9	0.62
2	09.05.2023	47	87	15.1	23.9	28.8	46.1	-
3	13.05.2023	35	74	16.7	21.8	30.8	37.1	0.65
4	15.05.2023	39	81	12.2	19.9	20.3	45.4	-
5	19.05.2023	31	64	13.0	21.7	24.8	51.7	0.75
6	23.05.2023	40	82	12.7	24.3	34.1	60.7	-
7	27.05.2023	34	71	13.0	21.2	27.8	46.6	0.73
8	30.05.2023	37	77	12.3	18.9	23.4	49.5	-

¶499

Benoor village	- A4
Sample No.	Date	Results inμ	g/m3					mg/m3
		PM2.5	PM10	SO2	NO2	NH3	O3	CO
1	05.05.2023	32	66	10.5	17.2	24.8	46.1	0.97
2	_09.05.2023 _	41	82	13.3	22.4	20.5	32.9	-
3	13.05.2023	31	65	13.0	17.1	21.8	57.7	0.98
4	15.05.2023	37	76	10.8	20.3	26.3	38.0	-
5	19.05.2023	46	88	10.8	23.7	23.4	48.4	1.08
6	23.05.2023	35	72	12.2	17.8	25.8	52.6	-
7	27.05.2023	30	63	14.9	18.6	27.0	36.3	0.88
8	30.05.2023	34	70	14.8	19.6	21.2	50.6	-

¶500

¶501

Appeal No. 01/2024(CZ)

¶502

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶503

Learned counsel for the Appellant has drawn our attention towards the summarized Ambient Air Quality Monitoring Results at point A7, which is lower than the other places and raised the question that this A7 point is comparatively controlled Ambient Air Quality in comparison to other places. In reply thereof, the learned counsel for the Project Proponent has submitted that it depends on the ratio of the population of the area, traffic movement and time of taking the samples which may vary from time to time.

¶504

It is further submitted that in-spite of shorter route available to the Project Proponent, the transportation is done from the longer route due to the Naxalite affected area for the security of the transport. It is further submitted that iron ore handling and transportation activities generates fugitive dust. However, the fugitive dust during loading/unloading is not expected to spread beyond these areas. During transportation of ore outside the lease area the emission shall be limited to close to road sides. During the operation period, the impacts that are associated with the air quality are deterioration of air quality due to generation of fugitive dust emissions from activities like excavation, hauling and dumping of excavated ore and generation of pollutants are due to operation of dieselpowered heavy vehicles and other machinery.

¶505

Learned counsel for the Project Proponent, Mr. Gaurav Bhatia has further argued that vide application dated 14.11.2022 which is annexure A-18, the appellant moved an application before the Expert Appraisal Committee of EAC and it was duly considered by the EAC and a justified order was passed and recommendation was made to the appropriate authority.

¶506

Learned counsel for the Appellant has submitted that the width of the state highway between Antagar and Narayanpur is not adequate to allow transportation of so many trucks. The State Highway connecting Antagar

¶507

¶508

Appeal No. 01/2024(CZ)

¶509

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶510

to Narayanpur, SH-5, is only a single lane road and it has a width of mere 3.75 meters. In reply to the above facts, the project proponent has submitted that the PWD reinforced the solid portion only but the carriage width of the road was not increased and the shorter route of SH-5 is yet to be repaired and widened. On the basis of above facts, the submission of the learned counsel for the Appellant is that it is a concealment of fact. 24. Submission of the Learned Counsel for the Appellant is that the similar matter was raised before the Hon’ble High Court of Bombay at Goa in PIL Writ Petition No. 6/2024 and the matter was discussed at length and following matters were discussed.

¶511

i. “In respect of transportation of 'e-auction ore', vide Corrigendum dated 06.06.2023, the DMG has imposed the following restrictions on traffic movement on different transportation routes. Such restrictions read thus:

¶512

CORRIGENDUM

¶513

Subject: Transportation of Ore

¶514

This Department vide Memorandum No.03/66/2023/Major/Mines/194

¶515

¶516

ated 05/04/2023 had put restriction on number of trips per hour to avoid traffic congestion on village roads. This restriction stands amended to the extent given below:

¶517

The traffic movement on different transportation routes will be monitored by Goa Electronics Limited on real time basis and the number of trips will be staggered between 20 trips to 40 trips

¶518

¶519

Appeal No. 01/2024(CZ)

¶520

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶521

per hour depending on the traffic congestion on the roads.

¶522

ii. Now we come to OM dated 29.10.2014 issued by the Ministry of Environment, Forests and Climate Change, as regards the impact of mining activities on habitations-issues related to the mining Projects wherein habitations and villages are the part of mine lease areas or habitations and villages are surrounded by the mine lease area. The said OM provides thus :

¶523

OFFICE MEMORANDUM

¶524

Subject: Impact of mining
activities on Habitations-Issues
related to the mining Projects
wherein Habitations and villages
are the part of mine lease areas or
Habitations and villages are
surrounded by the mine lease
area- Regarding.

¶525

The Ministry has been receiving mining proposals wherein the habitations and villages are part of mine lease areas or habitations and villages are surrounded by the mine lease area.

¶526

2. To discuss the impact of mining activities on habitations and to develop a code of practice on these issues, a meeting was held under the Chairmanship of Shri M.S. Nagar, Chairman EAC (Non Coal Mining Sector) on 23.06.2014. After detailed deliberations by the Experts, the following suggestions were made as part of mitigation measures to avoid adverse impact of mining operations in the case of such habitations/villages:-

¶527

¶528

Appeal No. 01/2024(CZ)

¶529

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶530

a) The Project Authority shall adopt Best Mining Practice for the given mining conditions. In the mining area, adequate number of check dams, retaining walls/structures, garland drains and settling ponds should be provided to arrest the wash-off with rain water in catchment area.

¶531

b) The natural water bodies and or streams which are flowing in and around the village should not be disturbed. The Water Table should be nurtured so as not to go down below the pre-mining period. In case of any water scarcity in the area, the Project Authorities have to provide water to the villagers for their use. A provision for regular monitoring of water table in open dug well located in village should be incorporated to ascertain the impact of mining over ground water table.

¶532

c) The illumination and sound at night at project sites disturb the villages in respect of both human and animal population. Consequent sleeping disorders and stress may affect the health in the villages located close to mining operations. Habitations have a right for darkness and minimal noise levels at night. The Project Proponents (PPs) must ensure that the biological clock of the villagers is not disturbed by orienting the floodlights/ masks away from the villages and keeping the noise levels well within the prescribed limits for day/night hours.

¶533

¶534

Appeal No. 01/2024(CZ)

¶535

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶536

d) The Project Authority shall make necessary alternative arrangements, where required, in consultation with the State Government to provide alternate arrangements for livestock grazing. In this context, Project Authority should implement the directions areas for the Hon’ble Supreme Court with regard to acquiring grazing land. The sparse trees on such grazing ground, which provide mid- day shelter from the scorching sun should be scrupulously guarded against felling, lest the cattle abandon the grazing ground or return home by noon. e) Where ever blasting is undertaken as part of mining activity, the Project Authority shall carry out vibration studies well before approaching any such habitats or other buildings to evaluate the zone of influence and impact of blasting on the neighbourhood. Within 500 meters of such sites vulnerable to blasting vibrations, avoidance of use of explosives and adoption of alternative means of mineral extraction, such as ripper/dozer combination/rock breakers/surface miners etc. should be seriously considered and practiced wherever practicable. A provision for monitoring of each blast should be made so that the impact of blasting on nearby habitation and dwelling units could be ascertained. The covenant of lease deed under Rule 31 of MCR 1960 provides that no mining operations shall

¶537

¶538

Appeal No. 01/2024(CZ)

¶539

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶540

be carried out within 50 meters of public works such as public roads and buildings or inhabited sites except with the prior permission from the Competent Authority.

¶541

f) Main haulage road in the mine should be provided with permanent water sprinklers and other roads should be regularly wetted with water tankers fitted with sprinklers. Crusher and material transfer points should invariably be provided with Bag filters and or dry fogging system. Beltconveyors should be fully covered to avoid air borne dust.

¶542

g) The Project Authority shall ensure that the productivity of agricultural crops is not affected due to mining operations. Crop Liability Insurance Policy has to be taken by the PP as a precaution to compensate for any crop loss. The impact zone shall be 5km from the boundary of mine lease area for such insurance policy. In case, several mines are located in a cluster, the Associations of owners of the cluster mines, formed inter-alia, to sub-serve such an objective, shall take responsibility for securing such Crop Liability Policy.

¶543

h) In case any village is located within the mining leasehold which is not likely to be affected due to mining activities during the life of mine, the Expert Appraisal Committee (EAC) should

¶544

¶545

Appeal No. 01/2024(CZ)

¶546

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶547

consider the proposal of Environmental Clearance (EC) for reduced mining area. The Mining lease may be executed for the area for which EC is accorded. The mining plan may also be accordingly revised and required stipulations under the MMDR Act, 1957 and MCR, 1960 met.

¶548

i) Transportation of the minerals by road passing through the village shall not be allowed. A 'bypass' road should be constructed (say, leaving a gap of at least 200 meters) for the purpose of transportation of the minerals so that the impact of sound, dust and accidents could be mitigated. The PP shall bear the cost towards the widening and strengthening of existing public road network in case the same is proposed to be used for the Project. No road movement should be allowed on existing village road network without appropriately increasing the carrying capacity of such roads.

¶549

j) Likewise, alteration or re-routing of foot paths, pagdandies, cart roads, and village infrastructure/public utilities or roads (for purposes of land acquisition for mining) shall be avoided to the extent possible and in case such acquisition is inevitable, alternative arrangements shall be made first and then only the area acquired. In these types of cases, Inspection Reports by site visit by experts may be insisted upon which should be done through

¶550

¶551

Appeal No. 01/2024(CZ)

¶552

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶553

reputed Institutes.

¶554

k) As CSR activities by Companies including the Mining Establishments has become mandatory up to 2% of their financial turn-over, Socio Economic Development of the neighborhood Habitats could also be planned and executed by the PPs more systematically based on the 'Need based door to door survey’ by established Social Institutes/Workers on the lines as required under TOR. "R&R Plan/compensation details for the Project Affected People (PAP) should be furnished. While preparing the R&R Plan, the relevant State/National Rehabilitation & Resettlement Policy should be kept in view. In respect of SCs/STs and other weaker sections of the society in the study area, a need based sample survey, family-wise, should be undertaken to assess their requirements, and action programmes prepared and submitted accordingly, integrating the sectoral programmes of line departments of the State Government. It may be clearly brought out whether the village located in the mine lease area will be shifted or not. The issues relating to shifting of Village including their R&R and socio-economic aspects should be discussed in the EIA report."

¶555

3. The matter was examined in the Ministry and accordingly, it has been decided that the above

¶556

¶557

Appeal No. 01/2024(CZ)

¶558

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶559

mentioned conditions at para-2 (a-k) may be included as a condition of Environmental Clearance letter to mitigate the adverse impact of mining operations in the case of such habitations/villages.

¶560

4. This issues with the approval of Competent Authority.” (emphasis supplied).

¶561

iii. It is therefore not as if transportation of the ore through village roads is completely prohibited as fairly submitted by the learned Counsel for the petitioner. Moreover, the aforesaid SOPs/measures are put in place to mitigate the adverse impact of mining operations in the case of such habitations/villages. Learned Counsel for the petitioners fairly submitted that the spirit of the OM dated 29.10.2014 is imbibed in the SOPs issued by the authorities from time to time. The safeguards imposed by way of SOPs, instructions, Rules and Regulations before and after filing of the PIL accords with the spirit of the OM dated 29.10.2014. These measures be strictly implemented.

¶562

iv. So far as monitoring of ore transportation operation by GSPCB and DMG is concerned, learned Counsel for the petitioners submitted that the monitoring of ore transportation is proposed to be done under the new regime i.e. installation of monitoring stations along the ore transportation route, readings of air quality taken twice a week and averaged out for 24 hours and results obtained after six days. She submits that the use of 24-hour ambient air quality monitoring data for truck transport of ore is wholly inappropriate since the truck transport does not happen over a 24-hour period as is the case with an industrial unit working three shifts. Thus, while the actual transportation period in which air pollution levels are higher are approximately 8 hours only, these air pollution readings are merged into the readings captured over the period of 24 hours, which results in the air pollution levels being averaged out and almost always being within permissible limits on account of no major activity taking place in the balance 16 hours (i.e. of non transportation).

¶563

¶564

Appeal No. 01/2024(CZ)

¶565

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶566

According to learned Counsel, the average pollution level readings are thus deemed to be within the norms (Ambient Air Quality for Residential Areas). Learned Counsel for the petitioners suggested that, (a) the monitoring of air pollution needs to be done daily and exclusively within the ore transportation timings and (b) monitoring should be in the nature of real time, online monitoring, with the equipment linked with the PCB servers and Panchayat. Learned Counsel submitted that at present the monitoring system neither indicates the true picture of dust pollution levels during ore transportation nor does it enable the Board to respond quickly by reducing the transport or shutting it down temporarily and more focused method is required to achieve proof of air pollution and most importantly, enable the Board to conduct what is actually “point source” monitoring. It is further submitted that while the movement and timing of trucks is already subject to real time monitoring online by the DMG, the measurement of pollution levels (in terms of PM10 and PM2.5) is available only six days after the actual events, due to outdated technology. Learned Counsel submitted that with the outdated system, the chance of policy intervention and quick action being taken against excessive pollution is ruled out.

¶567

v. Learned Counsel for the petitioners urged that the need of the hour is to ensure the updation of pollution monitoring technology to keep up with scientific advancements. According to her, Real Time monitoring of air pollution levels will enable the Pollution Control Board to swiftly take action in the event air pollution levels are breached on a particular day. The petitioner wants this Court to recommend to the Board to invest in and use low-cost air quality monitoring for dust pollution in village settlements and crowded roads in the forthcoming season itself, commencing September 2024. It is submitted that the costs may be recovered from the transporter. It is submitted that the transportation of 'eauction ore, which is actually never ending process will always be an ongoing phenomenon. Learned Counsel urged that the Board must take a proactive approach while entering a new phase of mining. It is submitted that trials of the new, low-cost

¶568

¶569

Appeal No. 01/2024(CZ)

¶570

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶571

electronic sensor-based air quality technologies (also used by Govt. Pollution Control Boards in Rajasthan, Maharashtra and - Karnataka) should be started during the monsoon itself, so that the difference between pure air and polluted air will be obvious, if pollution is generated by this activity. The low-cost systems suggested (or any other sensible equivalent) would enable the person at the monitoring station /P.C.B. officer to immediately shut down the activity or warn the transporter (and connected leaseholder), if the PM standards (100 for PM10 and 60 for PM 2.5) are breached. This according to the learned Counsel would be similar to the real time action that the D.M.G. states it will take if the number of trucks deployed is in violation of the number permitted, or if stipulated speed levels are exceeded. The petitioners have provided details about some of the low cost air quality monitoring device which has been deployed in various cities. Learned Counsel suggested that 'ATMOS' real time Air Quality Monitoring Device, developed by the research team at IIT Kanpur is useful. The features of this device are :

¶572

It enables real time monitoring of PM 1, PM 2.5 and PM 10 levels.

¶573

The average cost per unit is Rs,30,000/-

¶574

It has an inbuilt GPRS module and does not require additional WIFI/network setups.

¶575

Monitoring data is transmitted real time and is accessible on an online dashboard.

¶576

On a full charge, the device can monitor air levels for a period of 8 hours.

¶577

vi. We find it necessary to direct that a proper study be carried out by preparing a report specific to each route permitted by DMG and GSPCB for transportation of ore through the villages on the basis of carrying capacity of each road. The DMG and GSPCB undoubtedly will have to consider the length of the route, number of houses/hamlets, situated on the route with the study of the population enroute, the details of schools or other such activities that may exist along the

¶578

¶579

Appeal No. 01/2024(CZ)

¶580

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶581

route apart from other factors while taking a decision on granting transport permission based on the carrying capacity set down for each route. This will accord with the spirit of the OM issued by the Ministry of Environment. The DMG and GSPCB shall, as far as possible, monitor the trucks on each route on Real Time basis, install CCTV cameras connected to DVR devices at Panchayat Ghars and/or public schools and/or the office of the GSPCB and DMG to enable the DMG/GSPCB and/or Panchayat officials or other designated officials to monitor and observe the movement of trucks carrying such ore along the route.”

¶582

In view of the above facts and contention raised by the Appellant, the present status of the project was called and the Respondent has filed the present statutes and stated that the Ministry of Environment, Forest & Climate Change vide letter No. J-11015/331/2006.IA.II(M) dated 04/06/2009 accorded environmental clearance (EC) for Rowghat Iron Ore Mine – Deposit F (ML area 2028.797 Ha and production capacity 14.0 MTPA) in Matia Reserve Forests in Narayanpur and Kanker District in Chhattisgarh, subject to the implementation of conditions and safeguards contained therein the EC. Subsequently, MoEF&CC vide letter No.J11015/331/2006.IA.II(M) dated 15/3/2010 granted amendment in the EC and also stipulated additional conditions. Based on the application submitted by the project authority, MoEF&CC vide letter No. J- 11015/331/2006.IA.II(M) dated 08/06/2017 amended the EC permitting transportation of 0.3MTPA of ore from Rowghat Mine Lease to Keonti by road and further onwards to Dalli Rajhara / Bhilai through rail till 2021. Further, MoEF&CC vide letter No. J-11015/331/2006.IA.II(M) dated 25/1/2022 extended the validity of amendment granted on 08.6.2017 and permitted to transport 0.3 MTPA of ore from Rowghat Mine Lease to Keonti

¶583

¶584

Appeal No. 01/2024(CZ)

¶585

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶586

by road till 31/12/2023 with the additional specific condition stipulated therein.

¶587

The project envisaged production of 14.0 MTPA of iron ore from Deposit – F located in the Malta reserve forest area of Knaker and the then Bastar Districts of Chhattisgarh. Deposit -F comprises of 7 blocks viz. Raodongri, Block-A, Tarhur Anjrel, Korgaon, Khargaon and Takrel. Mining will be carried out in two phases. As approved in the EC, project activity began from Phase-I, which involve development of Block -A, Tarhur and Anjrel. The total Mining lease area for the project is 2028.797 Ha., which is completely forest land and no private or revenue land is involved. MoEF&CC vide letter No. 8-44/2005-FC(pt) dated 03/08/2009 has accorded approval for Stage-II forestry clearance for diversion of 883.22 Ha of forest land in Kanker District of Chhattisgarh. No National Park/sanctuary, Ecologically Sensitive area is located within core and buffer zone of the project. Presently the project operations are restricted to the area where the Stage-II, forestry clearances have been obtained. PA informed that no dwelling units and agricultural land involved within the Mining Lease area and Foothill Complex at Rowghat. However, reportedly project affected population linked with Rail Line have been identified by Indian Railways and Bhilai Steel Plant. Accordingly, PA entrusted to give employment to 177 persons of which 138 persons have reportedly been offered employment.

¶588

Mineral Resources Department, Govt. of Chhattisgarh vide letter No. एफ - 3-75/89/12-2 रायपुर dated 09.01.2007 granted Mining Lease over an area of 2028.797 Ha. Mining lease deed in favour of M/s Steel Authority of India Limited, Bhilai Steel Plant was executed on 21.10.2009 for the period of 20 years upto 20.10.2029. Mining Plan was approved by the Indian Bureau of Mines vide letter no 314(3)/ 2006-MCCM(CZ)/MP-27

¶589

¶590

Appeal No. 01/2024(CZ)

¶591

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶592

dated 22-03-2007 for the production capacity of 14.0 MTPA. The mining scheme was reviewed for the period 2019-20 and 2023-24 and was approved vide letter no. Narayanpur/ लौह / खयो -1179/2018- रायपुर dated 06.12.2018. Project Authority obtained “Consent to Establish” (CTE) from the Chhattisgarh Environment Conservation Board (CECB) vide Order No.766/TS/CECB/2013 Raipur dated 09/05/2013, which was valid for 5 years. However, establishment / installation of many project relevant facilities such as permanent crushers having the capacity of 400 TPH, dry screening plant, closed Downhill Conveyor system, part of the railway line, etc., have not been commenced yet. However, validity of the CTE have not been renewed beyond the validity period (i.e. 08/5/2018) and construction activities of certain facilities of the Project is in progress without valid CTE. In this regard, Project Authority informed that they submitted application before the Chhattisgarh Environment Conservation Board (CECB) seeking validity extension of CTE beyond 08/5/2018. However, Chhattisgarh Environment Conservation Board (CECB) vide letter dated 23/9/2019 informed to the Project Authority that validity extension of CTE is not required, since the “Consent to Operate” (CTO) have been issued. Copy of the said communication dated 23/9/2019 of CECB is enclosed herewith as Annexure-1. The matter shall be revisited by the CECB, since most of the project relevant facilities are yet to be established / installed. Consent to Operate under Air and Water Act have been obtained from the Chhattisgarh Environment Conservation Board (CECB) vide order No.7703/TS/CECB/2023 Nava Raipur Atal Nagar, dated 01/02/2023 for the production of Iron ore having the capacity of 14.0 MTPA, which is valid till 31.01.2024. The production capacity sanctioned (14.0 MTPA) in CTO is mutually conflicting with the capacity accorded by the MoEF&CC permitting to transport 0.3 MTPA of ore from Rowghat Mine

¶593

¶594

Appeal No. 01/2024(CZ)

¶595

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶596

Lease to Keonti by road till 31/12/2023. The sanctioned production capacity should be equal or less than the permitted quantity in the EC. PA is advised to take necessary amendment in the CTO. Details are not made available regarding Authorization obtained under Bio-medical Waste (Management and Handling) Rules and Hazardous Waste Management Rules. According to the EC, total water requirement is about 6850 KLD, which will be met from Mendki River and Nirba nallah. Presently State Ground Water department vide letter No. 2151/ ऍफ़ 4-94 / एस - 2/31/ ओजप्र /08 dated 21.05.2021 has accorded NOC for drawal of surface water 0.365 MLD from sendree bhar Nalla. In the said NOC, it has been reported that total water requirement of the project is 2.50 MLD, which will be met from Aturbeda Reservoir, by laying pipeline. Presently mining has not intersected the ground water table. During the site visit, the project activity / mining operation was in progress. Reportedly the developmental activities and production of Rowghat Iron Ore Mining project could not be implemented as envisaged due to prevailing Maoists Movement in the project area. However, M/s SAIL with the help of Ministry of Home Affairs and Government of Chhattisgarh deployed 4 battalions of Border Security Force (BSF) comprising of around 4000 personnel. After deploying the Security Force, the Mining area and its surroundings are sanitized from the Maoists Movement. PA claimed that due to the prevailing security issues, laying of Railway track up to the Rowghat Mine has not completed. As informed, based on global tender PA has finalized Mine Development Operator’s (MDO) with the projected initial investment of Rs.1500 crore for the development of the Rowghat Iron Ore Mine and other infrastructure facilities. Reportedly the Mine Development Operator’s (MDO) work has been awarded to M/s ACB Mining Pvt. Ltd. It is anticipated that the completion of development of

¶597

¶598

Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶599

other infrastructure facilities and full production of the iron ore with the capacity of 14.0 MTPA may be completed by the end of December, 2025. As an interim measure to meet the requirement of Iron Ore to the expanded steel making capacity of Bhilai Steel Plant, commenced Mining operation at Rowghat Iron Ore Mine by installing in-pit crusher having the capacity of 200 TPH and transportation of product in the form of Iron Ore Lump and Fine by trucks upto the nearest developed Railway line (i.e.) Antagarh within the permitted capacity. MoEF&CC permitted to transport 0.3 MTPA of ore from Rowghat Mine Lease to Keonti by road till 31/12/2023. The mining operation has reportedly been commenced on 05.02.2021 and presently continued the mining operation. Mining is undertaken with single pit. Present working height is 30m comprising 5 benches, each having 6m. Mining has not intersected the ground water. Presently no blasting operation is involved. Presently no waste dump exists, being float ore. PA assured to get prior NOC from PESO in the event of blasting operation is required in near future. Based on the information made available by the PA, the details of the production achieved from the commencement of the Mining operation is furnished below:

¶600

Year	Iron	Ore(Tonne)		Was	te(m3)
	Sanctioned capacity vide EC amendment for transportation of Ore through road	Consented capacity in the CTO*	Actual production	As per approved Mining plan	Actual generation
2020-2021	3,000,000	14,000,000	186.395	7,30,00	Nil
2021-2022	3,000,000	14,000,000	128.810	10,60,000	Nil
2022-2023	3,000,000	14,000,000	94372.735	17,70,000	12016

¶601

*Sanctioned production capacity (14.0 MTPA) stipulated in the CTO is mutually conflicting with the capacity permitted (0.3 MTPA) by the MoEF&CC for transportation through road. PA is advised to take necessary amendment in the CTO.

¶602

As the Security Forces have been deployed, Forest Department,

¶603

¶604

Appeal No. 01/2024(CZ)

¶605

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶606

Government of Chhattisgarh has commenced the tree felling operation and partly completed in Block A and Anjrel Block of Rowghat Iron ore Mining lease. Based on the input received from the PA, the present status of tree felling is furnished

¶607

below:-

¶608

Particulars	Area	Tree	Tree C	utting	Land Hand
	(Ha)	Enumeration	No of Tree (Approx.)	Open up Area (Ha)	Over/ Enter upon permission
Block “A” of Rowghat	161.6 9	Completed 38900 nos.	27,910	94.90	Entry upon Permission obtained for 94.90 ha. Further tree cutting stopped due to local agitation.
Anjrel Block
(a). Approach Road	3.82	Completed 2034 nos.	2034	3.82	Permission for enter upon
(b). Mining Area Compartment No. 2403	33.19	Completed 11855 nos.	11025	27.25	land and mining operation accorded by Collector, Narainpur on 27.01.2021.

¶609

Particulars	Area	Tree	Tree C	utting	Land Hand Over/
	(Ha)	Enumeration	No of Tree (Approx.)	Open up Area(Ha)	Enter upon permission
Compartment No. 2402	37.17	Completed 12718 nos	9430	25.4	Entry upon Permission accorded for 25.40 ha.

¶610

¶611

Appeal No. 01/2024(CZ)

¶612

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶613

(c).Crushing Area Compartment No. 2403.	4.98	Completed 1416 no	1416 4.98	Tree Cutting completed. Land Handover by forest departmenton 13.05.2021. Enter upon permission accorded on 09.06.2021.
Foothill Complex	72.00	Completed 21440 nos	Tree cutting approval obtained on 15.06.2021	Tree cutting yet commence.
Dump A	24.78	Completed 12100	Tree cutting approval obtained on	Tree cutting resumed for a
Hill Top Complex No. 1	14.82	Completed 7030	09.11.2022	period of 6 days in the month of February 2023 and subsequently stopped due to local issues.

¶614

Status of Dalli Rajhara-Rowghat Rail link:

¶615

(i). MOU signed in December, 2007 Phase – I: Dalli Rajhara to Rowghat – 95 Km Phase – II: Rowghat to Jagdalpur – 140Km

¶616

SAIL-BSP to bear actual cost for Phase-I to be compensated by Railway after construction period as per agreed terms within next 37 years.

¶617

(ii). Dalli Rajhara – Rowghat Rail Line: Progress as on 18th September. 2023 Completed: Dalli Rajhara to Antagarh : 0-60 Km in August 2020. Completed: Antagarh to Taroki / Bridge 332: 17 Km Under Progress: Rowghat Station & Yard: 93-95Km - Target December, 2025. Reportedly PA has invested Rs.1140 Crore in the Rail link related work.

¶618

The above project has been monitored on 18/9/2023 in presence of the

¶619

Project Authority and the factual status regarding compliance on the stipulated conditions contained in the ECs are furnished hereunder:

¶620

¶621

Appeal No. 01/2024(CZ)

¶622

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶623

Subject: Rowghat Iron Ore Mine – Deposit F (ML area 2028.797 Ha and production capacity 14.0 MTPA) in Matia Reserve Forests in Narayanpur and Kanker District in Chhattisgarh.

¶624

Ref: (1) Letter No.J-11015/331/2006-IA.II(M) dated 04.06.2009 of MoEF&CC. (2) Letter No. J- 11015/331/2006-IA.II(M) dated 15.03.2010 of MoEF&CC. (3) Letter No. J-11015/331/2006-IA.II(M) dated 08.06.2017of MoEF&CC. (4) Letter No. J- 11015/331/2006-IA.II(M) dated 25.01.2022 of MoEF&CC.

¶625

(A) Specific Conditions:

¶626

S.No.	Condition	Status of compliance
_1. _	i. To conserve the rich biodiversity of the area including wildlife, mitigating measures for regeneration / restoration of rare plants of economic importance including medicinal plants and wildlife species which require protection and conservation shall be undertaken during the development of mine leases and the status of implementation shall be submitted to the Regional Office of the Ministry every half yearly. The said measures shall also include identification and development of safe corridor for the wild animals, conservation of top soil to save the herbaceous and micro-flora etc. The required EMP should be in place in the initial years of mine construction activities. _ii. _	*Refer below* Bio-diversity and wildlife conservation plan has been prepared and approved vide letter No.व.प्रा./प्रबंध- 176/2015/461 dated 18/02/2015 by the Government of Chhattisgarh. PA has deposited sum of Rs.17.50 Cr. towards Bio-diversity wildlife conservation plan in CAMPA account and Rs.36.28 Cr. has been deposited in the account of Divisional Forest Officer (DFO), Bhanupratappur(E) towards Eco development Plan. Accordingly, Divisional Forest Officer (DFO), Bhanupratappur(E) vide letter No. लेखा_/कै म्पा रावघाट माई.पररयोजना नं.क्र._ 01/2021/3991 dated 11/8/2021 has submitted the implementation for the year 2016-2021 to the PA. Subsequently, annual

¶627

¶628

Appeal No. 01/2024(CZ)

¶629

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶630

plan for operation for the year 2021-2022 has been accorded for Rs.11.266 Cr. Implementation details been made available by the PA is enclosed as Annexure-2. 2. Conservation plan for wildlife Details regarding shall be prepared in implementation of the consultation with the Chief wildlife conservation plan Wildlife Warden and have not been submitted to implemented during the mine this office. Details regarding development stage before start implementation of restoration of mining activity at Phase - I. of rare plants of economic The plan shall consist of inimportance including built monitoring and medicinal plants and wildlife evaluation mechanism. species which require Necessary fund for protection and conservation implementation of the same during the development of shall be separately allocated mine leases and its status of and shall not be diverted for implementation have not any other activity. been submitted to this SubOffice regularly on half yearly basis as stipulated. The documents made available during the visit by the PA in support of their claim, show mostly civil construction works and does not have any Bio-diversity wildlife conservation. It is requested that Project authority should get the completion certificate & utilization certificate from the authority concerned in connection with implementation of wildlife conservation plan. PA has separately stacked the top soil and reportedly being reused. 3. The project proponent should Refer below earmark an amount of Rs 80 PA informed that as on Crores for the overall March, 2023, incurred an development of the area and expenditure of Rs. 159.75 Cr. local people, for which a for the development of the separate account shall be project area, which inter-alia maintained and funds shall include commissioning of not be diverted for any other Rail link Rajhara-Antagarh purpose from the said (0-60 km), wherein account. passenger train service has also been commenced upto Keonti Railway Station. Out

¶631

¶632

Appeal No. 01/2024(CZ)

¶633

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶634

of 177 Project Affected Families of land covered for laying of Rail line, reportedly 138 persons have been already been offered employment in Bhilai Steel Plant. Details are not made available regarding maintenance of separate account in this regard. Further, PA submitted that under CSR schemes various activities viz. medical and health services, opening & operation of school at Antagarh for tribal children in association with DAV education society, sanitization, drinking water, women empowerment and sports etc. have been made.

¶635

4. List of house hold-wise economic activities Refer below proposed to be provided Details are not made shall be prepared and available regarding list of submitted within house hold-wise six months to the economic activities Ministry. prepared and submitted to the Ministry within six months as stipulated. However, during the visit PA has made available the report prepared through M/s SEED for the period December, 2012 - February, 2013, in 22 Godgram villages in Rowghat Mines area. Ministry may take appropriate view based on the records available. 5. Implementation of all Refer below identified and, to be PA informed that local identified, economic activities people have been given shall start immediately and preference in construction be completed during the and other project related construction period (i.e. mine predevelopmental development stage) and in activities of mining, tree any case before actual mining felling, road construction, starts so as to ensure that the barracks and rail line local people get the benefits of construction activities.

¶636

¶637

Appeal No. 01/2024(CZ)

¶638

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶639

	such economic package during the construction period itself.	Reportedly, PA has provided employment to 90 local people in mining activity through contractors.
_6. _	Medical and sanitary measures including toilet facilities especially for the women should be in place in the first two years of construction activities.	*Being complied.* Medical camps are being conducted regularly to cover the buffer zone area. As informed 142 medical camps have been organized for 57612 patients. Medical dispensaries have been established and are in operation at Antagarh, Dandakvan (Rowghat) & Khodgaon, which are shown below. Mobile medical service equipped with doctor, nurses and medicine to cater the medical need of the villages of Narainpur and Kanker is being carried out through Ram Krishna Mission Ashram at an estimated cost of Rs. 1.0 Cr. with recurring cost of 40 lakhs per year.
_7. _	A time-bound programme to control the endemic diseases should be launched and periodical reviews shall be conducted to see the impact of various health cares taken by the company and whenever necessary remedial steps taken.	*Being complied.* A base line survey for affected population by endemic disease, if any, have been carried out during daily medical camp scheduled in one of the villages of 22 villages in buffer zone of the project. This medical camp is being carried out through Ram Krishna Mission Ashram, wherein SAIL has provided mobile medical ambulance equipped with doctor and medicine at an estimated cost of 1.0 Crore and recurring cost of Rs. 40.0 Lakhs per annum.
_8. _	Facilities including transport to ensure full enrolment and nil or least dropout shall be in	*Being complied.* A day-boarding English medium school with

¶640

¶641

Appeal No. 01/2024(CZ)

¶642

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶643

	position during the construction period itself so that education is provided to the boys and girls of the area.	association of DAV education society has been opened for the children of buffer zone villages at Antagarh equipped with smart class to provide free education to children of buffer zone. Transport facility has provided to the children from villages to school and back. Every year 70 boys/girls are being inducted at primary level. Reportedly so far 405 students have been admitted to this school. As informed, SAIL has adopted 224 students from Rowghat/Rajhara mines area from Class-VI to XII, till date and incurred expenditure of around Rs.650 lakhs since 2009-10.
_9. _	A list of eligible boys and girls of the buffer zone indicating their individual aptitudes in various skills including skills relevant for the company’s activities (mining, office that for want of skilled hands local people could not be employed in the service of the company should be minimal.	*Reportedly complied.* PA informed that 138 persons have been identified from rail line PAF area and offered employment in SAIL after acquiring ITI certificate sponsored by SAIL. Further, reportedly 204 tribal girls of buffer zone area were imparted nursing education in nursing colleges. Also provided training in stitching and computer courses at Dandakvan (Rowghat) to the local village girls.
*10.*	A 50 m barrier of no mining zone all along both the side(s) facing seasonal or perennial nallahs /streams passing through the lease area (if any) shall be demarcated and thick vegetation of native species raised. In case such nallahs/streams runs adjacent the lease, the barrier shall be all along the side facing the nallah/stream.	*Refer below* No seasonal or perennial nallahas passing through the present proposed active mining area.

¶644

¶645

Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶646

*11.*	Adequate measures shall be undertaken during the period of development of mine to compensate loss of forest cover in addition to the obligatory compensatory afforestation under various laws shall be submitted to the Regional Office of the Ministry. Status of implementation of the measures undertaken shall be submitted to the Regional Office of the Ministry on half yearly basis.	*Partly complied.* Reportedly PA has already deposited the demand raised by Forest Department, Govt. of C.G. in May, 2016 for initiating necessary work. PA informed that Forest Department, Govt. of Chhattisgarh has already identified 1726.396 Ha of area in different forest range and planted 2505194 plants in the area. Status of implementation of the measures undertaken under the obligatory compensatory afforestation have not been submitted to the Regional Office of the Ministry on half yearly basis. PA is advised to get the updated details from the implementing agency regarding the funds utilized so far and coordinates of the entire area where compensatory afforestation being implemented, DGPS survey report of identified CA land and KML file of the proposed site of CA.
*12.*	Shelter belt i.e Wind Break of 30 m width and consisting of at least 5 tiers around lease facing the human habitation / agricultural fields (if any in the vicinity) etc. shall be raised.	*Not complied.* PA informed that the condition will be complied during the operation phase.
*13.*	Economic package with initial financial assistance for providing gainful economic activities on sustained basis for the households (whose sustenance are based on the forests where the lease is located) consistent with their skills such as poultry farming / piggery / goat (sheep) rearing in the backyard (of the houses) and _other _	*Partly complied.* Reportedly 20 nos. of bullock carts received from INSDAG were distributed under CSR in Rowghat area during 2009- 2010.

¶647

¶648

Appeal No. 01/2024(CZ)

¶649

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶650

	potential activities as identified during the field survey and proper marketing tie-up for their products including convenient collection centers for minor forest produce, shall be developed and implemented before three months of starting mining at Phase-I.
*14.*	Land-use pattern of the nearby villages shall be studied, including common property resources available for conversion into productive land. Action plan for abatement and compensation for damage to agricultural land/ common property land (if any) in the nearby villages, due to mining activity shall be submitted to the Regional office of the Ministry. Annual status of implementation of the plan and expenditure thereon shall be reported to the Regional Office of the Ministry.	*Not complied.* Neither studied land-use pattern of the nearby villages nor submitted the report to this Sub-office of the MoEF&CC. Annual status of implementation of the plan and expenditure thereon have not been submitted to the Regional Office of the MoEF&CC. It appears that PA has awarded the work to the third party agency to undertake the study.
*15.*	Maintenance of village roads through which transportation of ores are undertaken shall be carried out by the company regularly at its own expenses. The roads shall be black topped.	Refer below. Reportedly PA has completed the following Roads including road for transportation of ore: A) Road Completed. i) CC Road from Kalgoan to Koilibeda in 2009-10 / 2014, 6 Km / 7 Mtrs wide constructed through PWD, Govt. of CG through Collector Kanker at an estimated cost of Rs. 13.12 Crores. ii) BT road from Dandakvan to Bhaiyasalebhat in 2018- 19, 8.3 Km /3.5 Mtr wide at an estimated cost of Rs. 4.17Crores.

¶651

¶652

Appeal No. 01/2024(CZ)

¶653

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶654

		iii) BT link road from SH-5 to Antagarh Rail Station (June 2020-21), length 1.8 Km / 5.5 mtr wide constructed through PMGSY, Collector, Kanker on deposit basis at an estimated cost of Rs 3.14 Crores used for transportation of ore and connectivity to Antagarh station. B) Road Under Construction iv) CC road from SH-5 to Khodgaon / Foot hill of Anjrel Block having length 6.75 Km /7.00 Mtr wide constructed through PMGSY, Collector Narayanpur on deposit basis. Estimated Cost Rs 32.31 Crore.
		v) CC road from Bhaiyasalebhat to Padargaon Length: 6 Km / 3.75 Mtr wide constructed through JilaNirmanSamiti, Collector Kanker on deposit basis at an estimated cost of Rs. 8.50 Crores used for providing connectivity to Proposed Padargaon SSB Security camp as well as Padargaon village.
*16.*	Rain water harvesting shall be undertaken to recharge the ground water source. Status of implementation shall be submitted to the Regional Office of the Ministry within	*Being complied.* Roof-top Rain water harvesting structures have been constructed in the security camp located nearby the project area. Check dam also constructed as part of rain water harvesting measures.
*17.*	Measures for prevention and control of soil erosion and management of silt shall be	*Refer below.* Presently, no dumps are available, since the

¶655

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Appeal No. 01/2024(CZ)

¶657

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶658

undertaken. Protection of mining activity has not dumps against erosion shall commenced in fullbe carried out with geo textile fledged manner. PA matting or other suitable assured that the material, and thick condition will be plantations of native trees complied. and shrubs shall be carried out at the dump slopes. Dumps shall be protected by retaining walls. 18. Trenches / garland drains Being complied. shall be constructed at foot of Presently no waste dumps and coco filters dumps are available. One installed at regular intervals check dam has been to arrest silt from being constructed. Drains have carried to water bodies. been constructed around Adequate number of Check the mine pit. However, Dams and Gully Plugs shall details of the dimensions be constructed across have not been made seasonal/perennial nallahs (if available. any) flowing through the ML area and silts arrested. Desilting at regular intervals shall be carried out. Garland drain maximum discharge in the area adjoining the mine site. Sump capacity shall also provide adequate retention period to allow proper settling of silt material. Sedimentation pits shall be constructed at the corners of the garland drains and de-silted at regular intervals. 19. Being complied . Ground and surface water (if Surface water from 4 any) in and near (within locations near the core 5.0 km of the lease) the core zone is being monitored zone shall be regularly through third party monitored for contamination laboratory on monthly and depletion basis and records are due to mining activity and being maintained. PA records maintained. submitting the monitored The monitoring data shall be data regularly to the Subsubmitted to the regional Office of MoEF&CC at office of the Ministry Raipur. During the visit, regularly. Further, monitoring PA is advised to ensure points shall be located engagement of thirdbetween the mine and party laboratory, who drainage in the direction of has been recognized by

¶659

¶660

Appeal No. 01/2024(CZ) Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶661

	flow of ground water shall be set up and records maintained.	the MoEF&CC.
*20.*	Where lands have been identified for development of certain activities like “Botanical Park”, “Fuel Wood and Fodder Plantations”, “Nursery” etc. action to implement such projects should be completed during construction period. Status of implementation shall be submitted to the Regional Office of the Ministry within three months before start of mining at Phase-I.	*Not complied.* Details of the implementation regarding development of certain activities like “Botanical Park”, “Fuel Wood and Fodder Plantations”, “Nursery” etc. have not been made available. Status of implementation have not been submitted to The Regional Office before start of mining at Phase-I.
*21.*	Fugitive dust generation shall be controlled. Fugitive dust emission shall be regularly monitored at locations of nearest human habitation (including schools and other public amenities located nearest to sources of dust generation as applicable) and records submitted to the Regional Office of the Ministry.	*Being complied.* Fugitive dust emission is being controlled by deploying sprinkler mounted water tanker for dust suppression and the fugitive emission is being monitored in 4 locations through third party laboratory on monthly basis and records are being maintained. PA submitting the monitored data to the Sub-Office, Raipur regularly. PA is advised to engage MoEF&CC authorized third party laboratory for monitoring of environmental parameters.
*22.*	Ambient air quality monitoring shall be regularly carried out for criteria pollutants for which adequate monitoring stations shall be set up in consultation with the Central / State Pollution Control Board. The data monitored shall be displayed on the company’s website and at	*Partly complied.* Ambient Air Quality is being monitored in 8 locations for the parameters of PM10, PM2.5, SO2, NOx and CO through third party laboratory and records are being maintained. The monitored data show that the values are within

¶662

¶663

Appeal No. 01/2024(CZ)

¶664

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶665

	important public places in the area mine is located.	the limit. PA submitting the monitored data to the Sub-Office, Raipur regularly. PA has installed one online continuous AAQ monitoring station at occupational health centre located at Khodgaon and necessary display arrangement has been made. However, the said online continuous AAQ monitoring station have not been linked to the servers of the CECB and CPCB. PA is advised to engage MoEF&CC authorized third party laboratory for the monitoring of environmental parameters.
*23.*	The number of shifts for mine operations shall be as per the approved mining plan. Blasting shall be confined during day time. M/s SAIL shall undertake adequate p rotection measures to control the fugitive dust emission, noise pollution to mitigate impacts surrounding the lease hold. However, the number of shifts or hours permissible for external vehicular traffic shall not exceed the limits in vogue for the area under consideration or in the event of passage through forest roads or public places, as may be applicable in this case. The limits prescribed by the local authorities shall not exceeded. If no such guidelines for time restrictions are applicable, then external transport preferably shall confine to two shifts.	*Refer below.* PA assured to ensure the shifts for mine operations as per the approved mining plan. Presently no blasting operation is involved. However, PA assured that in future blasting shall be confined during day time. External vehicular traffic movement is being followed as directed by the State authorities concerned.
*24.*	Occupational health and safety measures for the workers including	*Refer below.* Presently, occupational health Centre has been

¶666

¶667

Appeal No. 01/2024(CZ)

¶668

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶669

identification of work related setup with doctor and health hazards, training on paramedical staffs at malaria eradication, HIV, and Khodgaon and is being health effects on exposure to operated through mineral dust etc. shall be Ramakrishna Mission carried out. The company Ashram for the benefit of shall engage a full-time nearby village people. qualified doctor who is trained in occupational health. Periodic monitoring for exposure to respirable mineral dust on the workers shall be conducted and records maintained including health records of the workers. Awareness programme for workers on impact of mining on their health and precautionary measures like use of personal equipments etc. shall be carried out periodically. Review of impact of various health measures undertaken (at interval of five years of less) shall be conducted followed by follow up action wherever required. 25. Being complied. Top soil / solid waste shall be Top soil is very less. stacked separately and with Generated top soil is proper slope and adequate being stacked separately safeguards and shall be for reusing the same. utilized for backfilling (wherever applicable) for reclamation and rehabilitation of mined out area. Top soil shall be separately stacked for utilization later for reclamation and shall not be stacked along with over burden. 26. Refer below. Over burden (OB) shall be Presently no O.B. is stacked at earmarked dump present. PA assured to site(s) only and shall not be abide the condition. kept active for long period. The maximum height of the dump shall not exceed 30 m, each stage shall preferably be of 10 m and overall slope of the dump shall not exceed 28°. The OB dump shall be backfilled. The OB dumps shall be scientifically vegetated with suitable native

¶670

¶671

Appeal No. 01/2024(CZ)

¶672

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶673

	species to prevent erosion and surface run off. Monitoring and management of rehabilitated areas shall continue until the vegetation becomes self- sustaining. Compliance status shall be submitted to the Ministry of Environment & Forests on six monthly basis.
*27.*	Slope of the mining bench and ultimate pit limit shall be as per the mining scheme approved by Indian Bureau of Mines.	*Agreed upon.* It was submitted that the condition is ‘Noted’ and assured to abide the condition.
*28.*	Adequate plantation shall be raised in the ML area, haul roads, OB dump sites etc. Green belt development shall be carried out considering CPCB guidelines including selection of plant species and in consultation with the local DFO / Agriculture Department. Herbs and shrubs shall also form a part of afforestation programme besides tree plantation. The density of the trees shall be around 2500 plants per ha. The company shall involve local people with the help of self- help group for plantation programme. Details of year wise afforestation programme including rehabilitation of mined out area shall be submitted to the Regional Office of the Ministry every year.	*Not complied.* Green belt development has not been initiated in the Mine lease area. Details of year wise afforestation programme has not been submitted to the Regional Office of MoEF&CC.
*29.*	Regular monitoring of ground water level and quality shall be carried out by establishing a network of existing wells and constructing new piezometers during the mining operation. The monitoring shall be carried out four times in a year – pre-monsoon (April-May), monsoon (August), _post- _ _monsoon _	*Partly complied.* Ground water quality is being monitored in 2 bore wells and the reports are submitted to this Sub- Office. PA has not established network of wells by constructing the piezometers. Ground water level has not been monitored as stipulated.

¶674

¶675

Appeal No. 01/2024(CZ)

¶676

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶677

	(November) and winter (January) and the data thus collected shall be regularly sent to MoEF, Central Ground Water Authority and Regional Director, Central Ground Water Board.
*30.*	The waste water from the mine shall be treated to conform to the prescribe standards before discharging in to the natural stream. The discharged water from the Tailing Dam (if any) shall be regularly monitored and report submitted to the Ministry of Environment & Forests, Central Pollution Control Board and the State Pollution Control Board.	*Refer below.* Presently there is no generation of waste water. PA claimed that the condition is not applicable, since no discharge of waste water from the mine. If any of the conditions are not applicable, PA shall get amended the same from the MoEF&CC, New Delhi.
*31.*	Hydro-geological study of the area shall be reviewed annually and report submitted to the Regional Office of the Ministry. In case adverse effect on ground / surface water quality and quantity is observed mining shall be stopped and resumed only after mitigating steps to contain any adverse impact on water sources is implemented.	*Not complied.* Hydro-geological study of the area has not been reviewed and report has not been submitted to the Regional Office of MoEF&CC. PA informed that the study would be conducted after two years when the mine is operating with full production capacity.
*32.*	Vehicular emissions shall be kept under control and regularly monitored. Vehicles used for transportation of ores and others shall have valid permissions as prescribed under Central Motor Vehicle Rules, 1989 and its amendments. Transportation of ore shall be done only during day time. The vehicles transporting ores shall be covered with a tarpaulin or other suitable enclosures so that no dust particles / fine matters	*Agreed upon.* It was submitted that the condition is ‘Noted’ and assured to abide the condition. However, it is submitted that no wildlife sanctuary is present in the vicinity of mining/transport area.

¶678

¶679

Appeal No. 01/2024(CZ)

¶680

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶681

	escape during the course of transportation. No overloading of ores for transportation shall be committed. The trucks transporting ore shall not pass through wild life sanctuary.
*33.*	Prior permission from the Competent Authority shall be obtained for extraction of ground water (if any).	*Refer below.* Presently no ground water extraction is involved. Only surface water is being used. Presently State Ground Water department vide letter No. 2151/ऍफ़_4-94 /एस-_ 2/31/ओजप्र/08 dated 21.05.2021 has accorded NOC for drawal of surface water of 0.365 MLD from sendree bhar Nalla. In the said NOC it has been reported that total water requirement of the project is 2.50 MLD, which will be met from Aturb Reservoir, by laying pipeline	eda
*34.*	Action plan with respect to suggestions /improvements and recommendations made during public consultation/hearing shall be submitted to the Ministry and the State Govt. within six months.	*Refer below* Action plan with res to suggest /improvements recommendations made du public consultation/hea have not been submitted to Ministry within six mon However, during the visit, submitted the status implementation which enclosed as Annexure-III.	pect ions and ring ring the ths. PA of is
*35.*	For overseeing and monitoring the progress of various EMP measures and for taking any corrective actions the initiatives and responsibilities should be that of the local officers of M/s BSP.	*Refer below.* PA informed that Monitoring Committee under the chairmanship of GM (Mines Rowghat) overseeing the implementation of EMPs.
*36.*	A Sub-Group of the EAC consisting of two members of	*Refer below.* The matter pertains to	the

¶682

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Appeal No. 01/2024(CZ)

¶684

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶685

	the EAC and an officer of the Ministry of appropriate seniority (to be constituted) shall make site visit at least once a year during the construction period and thereafter once in two years to see the state of compliance with various conditions stipulated by the Ministry from time to time and suggest appropriate action if any deficiency is noticed. The Sub- Group shall suggest to the EAC stoppage of any activities if it is satisfied that the company has not been properly implementing the EMP upon which the EAC shall make appropriate recommendations to the Ministry.	MoEF&CC, New Delhi.
*37.*	Advance intimation for the visit(s) of the Sub- Group shall be provided to the Ministry by M/s SAIL / BSP at least three months in advance. The continuance of mining shall be determined by the report submitted by the Sub-Group on the state of affairs on mining and the related environmental issues including socio economic activities for the benefit of the local people, conservation of flora and fauna etc.	*Refer below.* The matter pertains to the MoEF&CC, New Delhi.
*38.*	A final mine closure plan, along with details of Corpus Fund, shall be submitted to the Ministry of Environment & Forests, 5 years in advance of final mine closure for approval.	*Agreed upon.* It was submitted that the condition is ‘Noted’ and assured to abide the condition.
*(B)*	*General Conditions*	*Status of compliance*
_1. _	No change in mining technology and scope of working shall be made	Complied with. No change in mining technology and scope of

¶686

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Appeal No. 01/2024(CZ)

¶688

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶689

	without prior approval of the Ministry of Environment & Forests.	working is observed.
_2. _	No change in the calendar plan including excavation, quantum of mineral and waste shall be made.	*Complied.* Reportedly no change in calendar plan including excavation, quantum of mineral and waste is observed.
_3. _	Fugitive dust emissions from all the sources shall be controlled regularly. Water spraying arrangement on haul roads, loading and unloading and at transfer points shall be provided and properly maintained.	*Refer below.* Fugitive dust emission is being controlled. Water spraying arrangements on haul roads have been practiced using mobile water tanker.
_4. _	Four ambient air quality- monitoring stations shall be established in the core zone as well as in the buffer zone for RPM, SPM, SO2, NOx monitoring. Location of the stations should be decided based on the meteorological	*Refer below* Ambient Air Quality is being monitored through third party laboratory in eight locations comprising of core and buffer zone for the parameter of PM10, PM2.5, SOx and NOx and the monitored data show that the values are within the limit. Details are not made available regarding consultation held with the State Pollution Control Board for deciding the monitoring locations. Further, PA has installed one continuous online AAQ monitoring station at occupational health centre located at Khodgaon and necessary display arrangement has been made. However, the said online continuous AAQ monitoring station have not been linked to the servers of the CECB and CPCB. PA is advised to engage MoEF&CC authorized third party laboratory for the third party monitoring of

¶690

¶691

Appeal No. 01/2024(CZ)

¶692

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶693

environmental parameters.

¶694

_5. _	Data on ambient air quality (RPM, SPM, SO2, NOx) should be regularly submitted to the Ministry including its Regional office located at Bhopal and the State Pollution Control Board / Central Pollution Control Board once in six months	*Being complied.* Monitored Ambient Air Quality data is being regularly submitted to the Sub-Office of MoEF&CC at Raipur, which are placed in the relevant project file.
_6. _	Measures shall be taken for control of noise levels below 85 dBA in the work environment. Workers engaged in operations of HEMM, etc. shall be provided with ear plugs / muffs.	*Agreed upon.* It was submitted that the condition is ‘Noted’ and assured to abide the condition.
_7. _	Industrial waste water (workshop and waste water from the mine) should be properly collected, treated so as to conform to the standards prescribed under GSR 422 (E) dated 19th May, 1993 and 31st December, 1993 or as amended from time to time. Oil and grease trap shall be installed before discharge of workshop effluents.	*Agreed upon.* It was submitted that the condition is ‘Noted’ and assured to abide the condition.
_8. _	Personnel working in dusty areas shall be provided with protective respiratory devices and they shall also be imparted adequate training and information on safety and health aspects.	*Agreed upon.* It was submitted that the condition is ‘Noted’ and assured to abide the condition.
_9. _	Provision shall be made for the housing the labourers within the site with all necessary infrastructure and facilities such as fuel for cooking, mobile toilets, mobile STP, safe drinking water, medical health care, crèche etc. The housing may be in	*Not complied. PA informed* that no labour colony shall be made in the lease area. If the condition is not applicable, PA shall get amended the same from the MoEF&CC, New Delhi.

¶695

¶696

Appeal No. 01/2024(CZ)

¶697

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶698

	the form of temporary structures to be removed after the completion of the project.
10.	A separate Environmental Management Cell with suitable qualified personnel shall be set-up under the control of a Senior Executive, who will report directly to the Head of the Organization.	*Not complied.* All environment relevant activities of the Mine is being handled by the Officers in the Bhilai Steel Plant. Separate Environmental Management Cell with suitable qualified personnel have not been setup for the Rowghat Iron Ore Mine.
11.	The project authorities shall inform to the Regional Office of the Ministry located at Bhopal regarding date of financial closures and final approval of the project by the concerned authorities and the date of start of land development work.	*Refer below.* Details / supporting documents are not made available regarding the information submitted to the Regional Office of MoEF&CC regarding date of financial closures and final approval of the project by the concerned authorities and the date of start of land development work. However, during the visit PA informed that land development work was commenced on 05/02/2021 and the same was already informed.
12.	The funds earmarked for environmental protection measures shall be kept in separate account and shall not be diverted for other purpose. Year wise expenditure shall be reported to the Ministry and its Regional Office located at Bhopal.	*Refer below* No documents are made available in support of the compliance of the condition. However, during the visit PA informed that the total fund earmarked for the environment protection measure is Rs. 17.50 Crore for which 1.11 crore has been approved for the year 2020- 21.
13.	The project authorities shall	*Refer below.*

¶699

¶700

Appeal No. 01/2024(CZ)

¶701

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶702

	inform to the Regional Office located at Bhopal regarding date of financial closures and final approval of the project by the concerned authorities and the date of start of land development work.	Details / supporting documents are not made available regarding the information submitted to the Regional Office of MoEF&CC regarding date of financial closures and final approval of the project by the concerned authorities and the date of start of land development work. However, during the visit PA informed that land development work was commenced on 05/02/2021 and the same was already informed.
14.	The Regional Office of the Ministry located at Bhopal shall monitor compliance of the stipulated conditions. The project authorities shall extend full cooperation to the officer(s) of the Regional Office by furnishing the requisite data / information / monitoring reports.	*Complied with.* PA extended full co- operation to the Officer of the MoEF&CC, IRO, Raipur during the visit by providing requisite monitored data / information.
15.	The project proponent shall submit six monthly reports on the status of the implementation of the stipulated environmental safeguards to the Ministry of Environment and Forests, its Regional Office, Bhopal, Central Pollution Control Board and State Pollution Control Board. The project proponent shall upload the status of compliance of the environmental clearance conditions on their website and update the same periodically Regional Office, Ministry of Environment and simultaneously send the same by e-mail to the	*Not complied.* Six monthly compliance reports have not been submitted regularly to the Sub-Office of MoEF&CC at Raipur. PA is advised to ensure the compliance of the condition by submitting the six monthly compliance report (both hard and soft copies) along with supporting data/documents to this Sub-Office regularly and the same shall be uploaded on the website of the company.

¶703

100

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Appeal No. 01/2024(CZ)

¶705

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶706

16.	A copy of clearance letter will be marked to concerned Panchayat / local NGO, if any, from whom suggestion / representation has been received while processing proposal. The clearance letter shall also be put on the website of the company.	*Reportedly complied.* PA informed that the condition was complied with. However, no supporting documents are made available in this regard.
17.	State Pollution Control Board shall display a copy of the clearance letter at the Regional office, District Industry Centre and Collector`s office / Tehsildar`s Office for 30 days.	*Reportedly Complied.*
*18.*	The project authorities shall advertise at least in two local newspapers widely circulated, one of which shall be in the vernacular language of the locality concerned, within 7 days of the issue of the clearance letter informing that the project has been accorded environmental clearance and a copy of the clearance letter is available with the State Pollution Control Board and also at web site of the Ministry of Environment and Forests at http://envfor.nic.in and a copy of the same shall be forwarded to the Regional Office of the Ministry located in Bhopal.	*Refer below.* PA has advertised the grant of EC in the daily Nav Bharat and Danik Bhaskar on 14th April, 2010. But bot the advertisements are in Hindi. Copy of the EC letter is available in the website of the MoEF&CC.
*19.*	The Ministry or any other competent authority may alter/modify the above conditions or stipulate any further condition in the interest of environment protection.	*Agreed upon.* It was submitted that the condition is ‘Noted’ and assured to abide the condition.
*20.*	Concealing factual data or submission of false / fabricated data and failure to comply with any of the	*Agreed upon.* It was submitted that the condition is ‘Noted’ and assured to abide the condition

¶707

101

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Appeal No. 01/2024(CZ)

¶709

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶710

	conditions mentioned above may result in withdrawal of this clearance and attract action under the provisions of Environment (Protection) Act, 1986.
*21.*	Any appeal against this environmental clearance shall lie with the National Environment Appellate Authority, if preferred, within a period of 30 days as prescribed under section 11 of the National Environment Appellate Authority Act, 1997.	*Refer below.* As per available records no appeal preferred within a period of 30 days from the issue of EC. The compliance of this condition does not arise as the EC was accorded on 04/06/2009.
*22.*	The above conditions will be enforced inter-alia, under the provisions of the Water (Prevention & Control of Pollution) Act, 1974, the Air (Prevention & Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986 and the Public Liability Insurance Act, 1991 along with their amendments and rules.	*Partly complied*with Project Authority obtained “Consent to Establish” (CTE) from the Chhattisgarh Environment Conservation Board (CECB) vide Order No.766/TS/CECB/2013 Raipur dated 09/05/2013, which was valid for 5 years. Validity of the CTE have not been renewed beyond the validity period (i.e. 08/5/2018) and construction activities of certain facilities of the Project is in progress without valid CTE. In this regard, Project Authority informed that they submitted application before the Chhattisgarh Environment Conservation Board (CECB) seeking validity extension of CTE beyond 08/5/2018. However, Chhattisgarh Environment Conservation Board (CECB) vide letter dated 23/9/2019 informed to the Project Authority that validity extension of CTE is not required, since the “Consent to Operate” (CTO) have been issued. The matter shall be revisited by the CECB, since most of the

¶711

102

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Appeal No. 01/2024(CZ)

¶713

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶714

project relevant facilities are
yet to be established /
installed. Consent to Operate
under Air and Water Act have
been obtained from the
Chhattisgarh Environment
Conservation Board (CECB)
vide order
No.7703/TS/CECB/2023
Nava Raipur Atal Nagar,
dated 01/02/2023 for the
production of Iron ore having
the capacity of 14.0 MTPA,
which is valid till 31.01.2024.
The production capacity
sanctioned (14.0 MTPA) in
CTO is mutually conflicting
with the capacity accorded by
the MoEF&CC permitting to
transport 0.3 MTPA of ore
from Rowghat Mine Lease to
Keonti by road till
31/12/2023. The sanctioned
production capacity should be
equal or less than the
permitted quantity in the EC.
PA is advised to take
necessary amendment in the
CTO.
Details are not made available
regarding Authorization
obtained under Bio-medical
Waste (Management and
Handling) Rules and
Hazardous Waste
Management Rules. PA has
obtained Public Liability
Insurance under Public
Liability Insurance Act, 1991.
Additional conditions imposed in EC
Amendments dated 15/3/2022.
S.No. Status of compliance
Specific Condition
1
Data on ambient air quality Refer below.
(PM10, SO2, NOx) should be Monitored data of Ambient
regularly submitted to the Air Quality for the
Ministry including) its parameters of PM10, PM2.5,
Regional Office and the State SO2, NOx is being submitted
Pollution Control Board / to the Sub-office of
Central Pollution Control MoEF&CC at Raipur.

¶715

103

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¶717

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶718

	Board once in six months. The critical parameters such as SPM, RSPM, NOx in the ambient air within the impact zone, peak particle velocity at 300m distance or within the nearest habitation, whichever is closer shall be monitored periodically. Further, quality of discharged water shall also be monitored (TDS, DO, pH) and total Suspended solids (TSS)]. The monitored data shall be uploaded on the website of the company as well as displayed on a display board at the project site at a suitable location near the main gate of the company in public domain. The circular no. 3-20012/1/2006-IA. II (M) dated 2.5.2009 issued by the Ministry of Environment and Forests, which is available on the website of the Ministry www.envfor.nic.in shall also be referred in this regard for its compliance.	Presently no blasting operation is involved and thus monitoring of peak particle velocity does not arise. PA assured to comply with the circulars / protocols of DGMS during the blasting operation undertake in near future. Presently, there is no any discharge of water.
*S.No.*	*Specific Condition*	*Status of compliance*
_1. _	The project proponent shall advertise in at least two local newspapers widely circulated in the region around the project, one of which shall be in the vernacular language of the locality, / office of Municipal Corporation/Gram Panchayat concerned and on the company's web site within seven days from the date of this clearance later, informing that the project has been accorded environmental clearance and copies of clearance letter are available with the State Pollution Control Board/Committee and may also be seen at Website of the Ministry of Environment and Forests at http://envfor.nic.in.	Not complied Details are not made available.

¶719

104

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Appeal No. 01/2024(CZ)

¶721

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶722

_2. _	The environmental statement for each financial year ending 31st March in Form-V as is mandated shall be submitted to the State Pollution Control Board as prescribed under the Environment (Protection) Rules, 1986, as amended subsequently and shall also be put on the website of the company along with the status of compliance of environmental clearance conditions. The same shall also be sent to the Regional Office of Ministry by e- mail.	Refer below PA informed that environmental statement is being submitted to the State Pollution Control Board. However, the same has not been submitted to the Regional Office of Ministry as stipulated. Copy of the environmental statement submitted is made available during the visit.
_3. _	All other conditions stipulated vide this Ministry’s letter of even no. dated 4.06.2009 shall remain unchanged	Agreed upon. It was submitted that the condition is ‘Noted’ and assured to abide the condition.
	*Additional specific condition* *dated 25*	*s imposed in EC Amendments* *.01.2022.*

¶723

*S.No.*	*Specific Conditions*	*Status of compliance*
_1. _	No mining activities will be allowed in the land involved in the mine lease area i.e 1145.577 ha. for which the forest clearance is not available.	Being complied. Mining activity is restricted in the area where Stage - II forestry clearance is obtained.
_2. _	The project proponent shall strictly comply the EC condition prescribed in the earlier environmental clearance letter dated 04.06.2009, 15.03.2010 and 08.06.2017.	Agreed upon. It was submitted that the condition is ‘Noted’ and assured to abide the condition.
_3. _	Monthly progress on construction of Rail link to be used for transportation of material shall be submitted to IRO.	Being complied. Monthly progress on construction of Rail link is being submitted to this Sub- Office from the past one year.
_4. _	The project Proponent during the transportation through road shall ensure that all the	Partly complied. PA assured to comply with the condition. PA regularly

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105

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Appeal No. 01/2024(CZ)

¶726

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶727

mitigative measures are submitting monitored data to implemented in such a way the Sub- Office of MoEF&CC, that no dust generated and Raipur. However, PA has not actual monthly air quality submitted six monthly monitoring data for compliance report with transportation should be supporting documents maintained and produced regularly to this Sub- Office. during six monthly compliance report to IRO. In case if any adverse impact is encountered IRO shall immediately intimate the same to the Ministry. 5. The project proponent should Agreed upon. explore the possibility for It was submitted that the shifting to clean energy using condition is ‘Noted’ and electric equipment for cleaner assured to abide the production options to reduce condition. the emission generated from various machinery / equipment’s.

¶728

Following conditions are required to be complied by the project proponent for which we direct to comply as follows :-

¶729

i. Biomedical Waste (Management and Handling) Rules and Hazardous Waste Management Rules must be strictly complied by the project proponent.

¶730

ii. The obligatory compensatory afforestation must be done and report be submitted to regional office of the ministry on half yearly basis.

¶731

iii. Green belt must be developed.

¶732

iv. Botanical park, fuel wood and fodder plantation, nursery should be developed in the region.

¶733

v. There should be continuous online ambient air quality monitoring station and to be linked to the server of the CPCB and CECB.

¶734

106

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Appeal No. 01/2024(CZ)

¶736

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶737

vi. Groundwater level and quality needs to be monitored as stipulated.

¶738

vii. Hydrogeological study of the area is to be reviewed and report be submitted to regional office MoEF&CC.

¶739

The Mine Department, Rawghat has submitted the report with regard to justification of capacity to generate and the expected timeline for completion of the riverine as follows :-

¶740

“The project Proponent needs to justify the raise in dispatch from 0.3 MTPA to 0.8 MTPA. Need for the raise strongly justified as it is related to change in production of Bhilai Steel Plant.

¶741

Present and future iron are requirements of Bhilai steel plant are as follows:

¶742

*Year*	*Hot* *Metal* *Plan* *(in Mt)*	*Iron* *Ore* *Requirement* *(in Mt)*	*Present Suppli* *Existing Iron* *Ore* *Source* *(Dallt-* *Rajhara)*	*es (in Mt)* *SAIL's* *Mines* *other* In *Jharkhand de* *Odisha*	*Shortfall* *(in Mt)*
2021-22	6.5	10.4	8.0	1.0	1.4
2022-23	6.5	10.4	8.0	1.0	1.4
2023-24	7.5	12.0	8.0	1.0	3.0

¶743

The present shortfall is 1.4 MTPA which is expected to rise to 3.0 MTPA by 2023-24. Thus, Bhilai Steel Plant (BSP) is being forced to operate at reduced capacity which is affecting the plant's operating economics. Moreover, SAIL's captive mines in Jharkhand and Odisha are supplying iron ore to SAIL's steel plants at Rourkela, Bokaro, Durgapur and Bumpur which too have increased their capacities recently. The mines supplying iron ore to these plants do not have spare capacity to meet the shortfall at BSP and the rail infrastructure (Howrah-Mumbai Rail

¶744

107

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Appeal No. 01/2024(CZ)

¶746

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶747

Network) also does not support transport of additional quantity on continuous sustained basis.

¶748

Further, the total mineable reserves in operating mines of Dalli Rajahra is only 50 Million Tonne with inferior quality. The quality of iron ore has deteriorated with a corresponding increase in gangue content to 9.5% gangue (SiO ₂ +Al2O3) resulting in very high coke rate of 447 kg per tonne of hot metal as compared to 357 kg per tonne of hot metal of TATA STEEL JHAMSHEDPUR. This has resulted in higher fuel consumption (Coke + Pulverised coal injection) thus increasing the CO, emission.

¶749

In addition to this, SAIL's other iron mines (located in Odisha & Jharkhand) are more than 500 km from Bhilai Steel Plant whereas Dalli-Rajhara Mines (-100 km from Bhilai) and Rowghat Mines (-200 km from Bhilai) are much closer. Thus the haulage distance & freight involved is much less along with energy requirement for haulage per tonne.

¶750

Comparison of Iron Ore procurement from Rowghat vis-o-vis other sources

¶751

Kiriburu Mine of SAll in Jharkhand vs Rowghat

¶752

➢ Haulage of 0.5 MTPA iron ore from Kiriburu Mine (Jharkhand) to BSP is equivalent to: 0.5 MTPA x (539 km)269.5 million tonne-km.

¶753

➢ Haulage of 0.5 MTPA iron ore from Roughat Mire to BSP is equivalent to: 0.5 MTPA x (142 km 58 kmj100 million tonne-km.

¶754

➢ Hauling 0.5 MTPA of ore from Kiriburu to BSP is equivalent to hauling -2.6-2.7 MTPA of ore from Rowghat to BSP. The extra haulage is un-economical.

¶755

Bailadila of NMDC v/s Rowghat- Rail link to Durg (ManabarLanpgar- Titlagarh Route)

¶756

➢ Haulage of 0.5 MTPA iron ore from Bailadila Mine (Chhattisgarh) to BSP is equivalent to: 0.5 MTPA x (837 km) 418.5 million tonne – km.

¶757

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¶759

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶760

➢ Haulage of 0.5 MTPA iron ore from Rowghat Mine to BSP is equivalent to: 0.5 MTPA x (142 km 58 km) 100 million tonne – km.

¶761

➢ Hauling 0.5 MTPA of ore from Bailadila to BSP is equivalent to hauling 4.0-4.2 ΜΤΡΑA of ore from Rowghat to BSP. The extra haulage is un economical.

¶762

*Parameters*	L	*oading Station*
*for* *the*
*proposed 0.5* *Μτρα* *increase from* _Rowghat _	*Antagarh (SAIL)*	*Kiriburu (SAIL)*	*Kirnadul (NMDC)*
Distance	142 Km. + 58 Km.	539Km.	873Km.
Freight (in Rs.)	341 + 247 = 588	1046	1663
	100 Million Tones Km.	269.5 Million Tones Km	418.5 Million Tones Km

¶763

The railway line up to Rouwghat is expected to be completed by 2025. On completion of the rail link it will be possible to transport 14 MTPA iron ore to BSP through Rail By that time, iron ore reserves at Dalli Rajahara will be nearly exhausted and production from these sources will be reduced.

¶764

The shortfall in iron ore supply will be made up by increasing the production from Rowghat Mine. It is to be noted that it is not possible to increase the production 0.3 ΜΤΡΑ 1ο 14 ΜΤΡA within a short time frame. Increasing production has to be done in phases. Increasing the production to 0.8 MTPA will be one such phase and shall help in reducing the shortfall of iron ore to some extent.

¶765

As such presently, there is no industry in Narainpur district (where Anjrel Block of Roughat is situated) and the present mining activity will not only boost the economic activity by way of increased revenue earnings of Government in form of Royalty, DMF and Forest transit fee and also generate employment and

¶766

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¶768

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶769

will improve the overall human development index of the North Bastar district of Chhattisgarh.”

¶770

The submission of the learned counsel for the MoEF&CC are that all projects or activities included as Category 'A' in the Schedule. including expansion and modernization of existing projects or activities and change in product mix. shall require prior Environmental Clearance from the Central Government in the Morison of Environment. Forest and Climate Change (MoEF&CC) on the recommendations of an Expert Appraisal Committee to be constituted by the Central Govt. for the purpose of this Notification and the present activity is listed at schedule no 1(a) Mining of Minerals an Category A as the mining lease areas greater than 250 ha and accordingly appraised at the Central level by the Answering Respondent. 32. The Respondent No.4 first obtained LC in 04.06.2009 for production of 140 MIPA of Iron ore. The ore was supposed to be dispatched by rail to SAIL's Bhila Steel Plant located at a distance of 185 km from the mine lease area but there has been delay in commissioning of rail link to Rowghat due to Left wing extremism activities and obtaining forest clearance. In this regard, amendment in EC dated 04.06.2009 was sought to allow dispatch through road @ 2.0 MTPA till Dec., 2026 from the existing capacity of 0.3 MTPA by road. About 81% of the rail works has been completed upto Tadoki (77km) and the remaining work up to Rowghat will be completed by June. 2025 and it is expected to commission the Rowghat Station by Dec 2025 and associated linking infrastructure by Dec, 2026. In order to assess the amendment sought in the EC and its likely impact on the environment viz air quality, traffic density etc. a study was conducted by NABET accredited EIA Consultant

¶771

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¶773

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶774

and was submitted by Project Proponent as an addendum to EIA/EMP Report.

¶775

The proposal was presented before the Expert Appraisal Committee (EAC) in 22nd meeting held for Environmental Appraisal of Mining Projects (Non-Coal) of the Birds of Environment, Forest and Climate Change during 14-15 November, 2023. It is submitted that the Expert Appraisal Committee (EAC) is a Committee of technical experts in various fields, appointed by the Ministry of Environment, Forest and Climate Change in India. The Committee is responsible for assessing the potential environmental impact of various projects proposed by the government or private The MM provides recommendations to the Ministry based on their assessment, which helps in decision-making related to environmental clearances for such protects. The proposal was recommended by the Committee with some specific conditions to be abided by the Respondent No.4.

¶776

“………….

¶777

XXXX

¶778

(i) This amendment in EC will be valid for a period of a 2 (two) years only w.e.f 01.01.2024.

¶779

(ii) The dispatch of 2.0 MTPA (Maximum) of Iron Ore by Road up to Antagarh Rly. Siding and/or Bhanupratappur Rly. Siding and then by Rail to Bhilai is allowed in two phases for a period of two years i.e., 1.5 MTPA for a period of 6 months w.e.f 01.01.2024 to 30.06.2024 and 2.0 MΤΡΑ (1.5 ΜΤΡΑ + 0.5 MTPA) for a period of 18 months w.e.f 01.07.2024 to 31.12.2025. Accordingly, State Pollution Control Board shall grant the Consent to Operate (СТО).

¶780

(iii) Mining activity is restricted to an area of 883.22 ha for which the Stage-II Forest Clearance is available.

¶781

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¶784

(iv) The Project Proponent shall speed up the progress of the rail link and monthly progress status along with the photographs shall be submitted to the Regional Office of MoEF&CC.

¶785

(v) Fugitive dust monitoring shall be monitored regularly at all the sensitive receptors and report shall be submitted quarterly to the Regional Office of MoEF&CC.

¶786

(vi) Project Proponent shall mountain the entire mineral transportation route by road Project. The Project Proponent shall also periodically mountain the roads to fugitive emissions from roads and also the vehicular emissions.

¶787

(vii)Regular sprinkling shall be done on roads to suppress the dust at the source.

¶788

(viii) The wheel washing facility for the ore transport vehicles shall be provided at the exit point of the mine. The wheel washing facility shall be integrated with complete recirculation system.

¶789

(ix) Over loading of transport equipment's should be avoided to prevent spillage Vehicles involved in transporting the material should be covered to prevent fugitive dust emission.

¶790

(x) The Project Proponent shall undertake the dense plantation all along the haul roads and approach roads to attenuate the fugitive dust.

¶791

(xi) The Project Proponent shall ensure that the additional traffic on the road in no way shall be hindrance to the public. Traffic marshal shall be deployed to ensure the safe movement of transportation.

¶792

(xii) The real time data generated by continuous ambient air quality monitoring stations (CAAQMS) should be displayed

¶793

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¶795

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¶796

digitally at entry and exit gate of mine lease area for public display and shall be linked to server of CPCB/SPCB.

¶797

(xiii) The Project Proponent shall explore the possibility of using atleast 20% of Electric vehicles/CNG/Solar instead of diesel operation within three years.

¶798

(xiv) All other terms and conditions mentioned in the EC letter dated 04.06.2009, 15.03.2010, 08.06.2017 and 25.01.2022 shall remain unchanged.

¶799

i. The project was for the amendment in previous environmental clearance dated 04.06.2009 for changes in operation of transportation of iron ore (dispatch of таximum 2.0 МТРА) by road. The one time public hearing/consultation was held already on 25.06.2007 and 29.06.2007 as per EIA Notification. 2006 at Naryanapur and Kanker district respectively. That, it is further stated that the Public Consultation is mandated and forms an integral part of the Environment Clearance process under EIA Notification. 2006. The provision w.r.t Public Consultation shall ordinarily have two components comprising of (a) A Public Hearing at the site or in its close proximity district wise, to be carried out for ascertaining concerns of local affected persons; (b) obtain responses in writing from other concerned persons having a plausible stake in the environmental aspects of the project or activity. The public hearing at, or in close proximity to, the site(s) in all cases shall be conducted by the State Pollution Control Board (SPCB) or the Union territory Pollution Control Committee (UTPCC) concerned in the specified manner.

¶800

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¶802

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶803

ii. The MoEF&CC grants environmental clearance to a project only after due diligence by the EAC with adequate environmental safeguards.

¶804

iii. That State Department of Mines and Geology is the nodal authority in the State for dealing with the allotment of mining leases under the Mines and Minerals (Development and Regulation) Act (MMDR Act) and is entrusted with the enforcement and regulation of mining operations in a State including illegal mining. Further, the State Government is empowered under Section 23 C of the Mines and Minerals (Development and Regulation) Act 1957 (MMDR Act) to make rules for prevention of illegal mining, transportation and storage if minerals and The State Department of Mines & Geology is the Nodal Authority in the India alongwith the allotment of mining leases under the MMDR Act and ia entrusted with the enforcement and regulation of mining operations in a State.

¶805

iv. The State Pollution Control Board is the Nodal Authority in the State for dealing with cases related to pollution or environment management coming under the purview of the Water (Prevention and Control of Pollution) Act. 1974. the Air (Prevention and Control of Pollution) Act. 1981 and the Environment Protection Act. 1986.”

¶806

Learned counsel for the CECB has argued that the Environmental clearance process is governed by Environment Impact Assessment Notification, 2006 (hereinafter referred to as EIA Notification) of MoEF&CC and its complete process involves screening, scoping, hearing consultation/public hearing and appraisal of the project. The main objective of EC is to assess the impact of the proposed project on the environment and habitat in that area and try to abate the impact of the same. As per Clause 7 of the EIA Notification, a panel consisting of the District Magistrate/ the District Collector / the Deputy Commissioner or

¶807

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¶809

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶810

his or her representative (not below the rank of an Additional District Magistrate), assisted by a representative of the concerned State Pollution Control Board, are responsible for supervising and presiding over a public hearing.

¶811

The public hearing regarding the Rowghat Mining Project was conducted on 25.06.2007 at Collectorate Auditorium, Naraynpur District, Chhattisgarh in accordance with law. Prior notice was published on 23.05.2007 & 24.05.2007 in a local newspaper and national newspaper i.e., providing 30 days clear period for conducting the public hearing as contemplated under the EIA, Notification 2006. The entire public hearing was conducted under the chairmanship of the District Collector with the assistance of the Chhattisgarh Environment Conservation Board and the same was submitted to MoEF&CC for the purpose of granting EC to the said project. The public hearing conducted was properly video graphed and the representations and views of the public were properly recorded, the minutes of the public hearing were prepared and furnished to the MoEF&CC and it is thereafter, the clearance was granted on 04.06.2009.

¶812

Thereafter, the project proponent applied for a modification in the EC conditions with regard to the mode of transportation ore. Subsequently, the MoEF&CC approves the modification of EC conditions granted to the project proponent for Rowghat mines. That there was no extension in the production capacity of the project proponent, the only amendment in the EC was dispatching up to 2.0 MTPA by road up to Antagarh Railway Siding and/or Bhanupratappur Railway Siding and then by rail to Bhilai from the original plan i.e., evacuating the entire quantity of iron ore via Railway to Bhilai, thus there was no fundamental change in the EC modified by the MoEF&CC, thus in view of the same, there was no requirement to conduct the public hearing again.

¶813

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¶815

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶816

The summary EIA report was sent to the District Head Office, District Narayanpur, Chief Executive Officer, District Panchayat Khadkagaon, Sarpanch, Gram Panchayat Bijli, Sarpanch, Gram Panchayat Sulenga (Khodgaon), Sarpanch, Gram Panchayat Kadandi (Kurushaar), District Narayanpur, Director, Department of Forest and Environment, Central Parchavaran Bhawan, Link Road No. 3, Ravi Shankar Nagar Bhopal (Madhya Pradesh), Member Secretary, Chhattisgarh, Civil Lines Raipur and was also kept before the Regional Officer of Respondent No. 3 and Adhanpur Housing Board Colony, Dharampura Jagdalpur for its perusal. Further, before starting the proceeding of the public hearing, project proponent presented a detailed layout of the project. There is no provision or mandate to conduct the public consultation process again for the same proposal as per the EIA Notification. Thus, it goes without saying, that there was no lag on the part of Respondent No. 3 while performing its duties as per EIA Notification, 2006. Respondent duly conducted inspections of the unit of the Project proponent on various occasions to verify compliance of CTO Conditions and during the inspection it was found that the project proponent was duly compliant with the below mentioned CTO Conditions. The parawise reply to each contention raised in Para 56 of the Appeal is mentioned herein below for the easy reference of this Hon’ble Court:-

¶817

a. The transportation of iron ore to 'Keonti' by road, but that was never followed (condition 5).

¶818

In this regard, it is submitted that MoEFCC granted EC to project proponent on 04.06.2009, which has condition of Transportation of Iron Ore through Rail line only, however due to delay in construction of railway line, the Project

¶819

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¶821

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶822

proponent obtained amended EC on 08.06.2017 w.r.t. transportation of 0.3 MTPA of Iron ore from Rowghat mines to Keonti railway station (Approx. 58 Kms from the Rowghat mines) by road and further onwards Dallirajhara/Bhilai through Rail line. When the dispatch of iron ore started in February 2021, the rail link was extended up to Antahgarh (Approx 38 Km from Rowghat mines). So the project proponent started transportation up to Antahgarh station instead of Keonti Railway station.

¶823

b. Black topping/ asphalting/ concreting and maintaining transportation routes (condition 7) but the terrible condition of the roads shows that this condition was never met.

¶824

In this regard, it is submitted that as per the inspection reports dated 01.06.2022 and 28.07.2023, it was found that the project proponent has constructed Road between Anjrel block to State Highway 05 (approx 6.75 Kms.) and state highway 05 to Antagarh railway station (Approx 1.8 Kms).

¶825

c. Extensive tree plantation around mining lease area, along roads etc. specifying that at least 2000 local plant species per hectare shall be (condition 18), but this has not been done.

¶826

In this regard, it is submitted that the Mining lease is situated under Forest area and that the process of deforestation is not yet completed. However, at present the plantations are being carried out in Anjrel and BSF camp Khodgaon.

¶827

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¶830

d. Establishment of an Environment Management Cell under a senior executive (condition 22), but this has not been done till now.

¶831

In this regard, it is submitted that the Environment Management Cell is being established under the supervision of Executive director.

¶832

e. The Project Proponent has been operating its unit in compliance with the CTO Conditions. Also, the answering Respondent conducted the inspection of the unit of the Project proponent on various occasions in order to make sure that no violations of the CTO conditions may occur.

¶833

Learned counsel for the respondent/project proponent has submitted that the project proponent in this case i.e. Steel Authority of India is a public sector undertaking owned by the Government of India and has been conferred Maharatna company status and one of the largest steel producers in the country. To develop the infrastructure of the country and the growth steel is required. It also generates the employment to face the unemployment problem in the country. Due to frequent Naxal threats, there was inordinate delay in land acquisition and transfer of land to railway by the Government of Chhattisgarh and later on the construction of rail project was also delayed due to Naxalite problems.

¶834

It is further submitted that the Rail Project and its construction up to 42 km. stage out of 95 km. has been completed and is under operation from May, 2019 from Keodi and 18 km. section from Keodi to Antagad is commissioned in August, 2020.

¶835

It is further submitted that 17 km. section from Antagad to Tadoki is commissioned in September, 2023 and rest of the remaining 18 km. for

¶836

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¶839

which this petition has been filed is likely to be completed up to June, 2025. The project proponent and the Railway Department are trying their best to complete the project within time but it was delayed due to certain unavoidable reasons which was beyond control of the project proponent. The progress of the country is dependent on the Principle of Sustainable Development.

¶840

Section 3 of the Environment (Protection) Act, 1986 empowers the Central Government to take all such measures for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. One of the measures provided in Section 3 (2) (v) is restriction of areas in which any industries, operations or processes or class of industries shall not be carried out or shall be carried out subject to certain safeguards. The Environment (Protection) Rules, 1986 were made in exercise of power conferred by Sections 6 and 25 of the Environment (Protection) Act, 1986. According to Rule 5, the Central Government may prohibit or restrict the location of industries and the carrying on of processes and operations in different areas. In exercise of the power conferred on the Central Government by Sub-Clause (i) and Clause (v) of Sub-Section (2) of Section 3 of the Environment (Protection) Act, 1986 read with Clause (b) of Sub rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, the Ministry of Environment and Forests, Government of India issued a Notification on 14.09.2006 directing construction of new projects or activities or the expansion or modernization of existing projects or activities listed under the Schedule to the Notification shall be undertaken only after prior environmental clearance from the Central Government or the State Level Environment Impact Assessment Authority.

¶841

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¶843

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶844

Clause 2 of the said Notification provides that new projects or expansion and modernization of existing projects listed under the Schedule to the Notification require prior environmental clearance from the concerned regulatory authority. The Schedule to the Notification includes Highways at Item No.7 (f). New National Highways and expansion of National Highways greater than 30 kms involving additional right of way greater than 20 meters or land acquisition and passing through more than one State, require prior environmental clearance. A high-level Committee headed by Member (Environment and Forests, Science and Technology), Planning Commission was constituted by the Ministry of Environment and Forests to review the provisions of the Environmental Impact Assessment Notification dated 14.09.2006 pertaining to environmental clearance for roads, buildings and Special Economic Zone projects. One of the terms of the reference for the Committee was to review the requirement of environmental clearance for Highways expansion projects with a right of way up to 60 meters and length of 200 km. The Committee submitted its report recommending that expansion of National Highways projects up to 100 km involving additional right of way or land acquisition up to 40 meters on existing alignments and 60 meters on realignments or by passes maybe exempted from the purview of the Notification. The report of the Committee was accepted and Item 7 (f) in column (3) to the Notification dated 14.09.2006 was substituted as follows:

¶845

“Expansion of National Highways greater than 100 km involving additional right of way or land acquisition greater than 40 meters on existing alignments and 60 meters on realignments or by passes.”

¶846

A statutory rule or Notification is to be treated as a part of the statute [1982]2scc 205. Rules made under a statute must be treated for all

¶847

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¶850

purposes of construction or obligation exactly as if they were in the Act, are to be of the same effect as if they are contained in the Act, and are to be judicially noticed for all purposes of construction or obligation [1961] SCR (2) 679. The principles of interpretation of subordinate legislation are applicable to the interpretation of statutory Notifications [2011]6 SCC 545. If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves do alone in such cases best declare the intent of the law-giver. It has been repeatedly held by the Court that where there is no ambiguity in the words, literal meaning has to be applied, which is the golden rule of interpretation. The words of a statute must prima facie be given their ordinary meaning [2002] 3 SCC 722.

¶851

While economic development should not be allowed at the cost of ecology or by causing widespread environmental destruction, the necessity to preserve ecology and environment should not hamper economic and other development. Both development and environment must go hand in hand. In other words, there should not be development at the cost of environment and vice versa, but there should be development while taking due care and ensuring the protection of environment [Indian council for enviro-legal action v union of India [1996]5 SCC 281]. The traditional concept that development and ecology are opposed to each other is no longer acceptable [Vellore citizens welfare forum v. union of India [1996]5 SCC 647].

¶852

Apart from providing smooth flow of public goods and services which contribute to the economic growth, highways also benefit regional development in the country. In the normal course, impediments should not be created in the matter of National Highways which provide the much

¶853

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¶855

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶856

needed transportation infrastructure. At the same time, protection of environment is important.

¶857

In a constitutional framework which is intended to create, foster and protect a democracy committed to liberal values, the rule of law provides the cornerstone. The rule of law is to be distinguished from rule by the law. The former comprehends the setting up of a legal regime with clearly defined rules and principles of even application, a regime of law which maintains the fundamental postulates of liberty, equality and due process. The rule of law postulates a law which is answerable to constitutional norms. The law in that sense is accountable as much as it is capable of exacting compliance. Rule by the law on the other hand can mean rule by a despotic law. It is to maintain the just quality of the law and its observance of reason that rule of law precepts in constitutional democracies rest on constitutional foundations. A rule of law framework encompasses rules of law but it does much more than that. It embodies matters of substance and process. It dwells on the institutions which provide the arc of governance. By focusing on the structural norms which guide institutional decision making, rule of law frameworks recognize the vital role played by institutions and the serious consequences of leaving undefined the norms and processes by which they are constituted, composed and governed. A modern rule of law framework is hence comprehensive in its sweep and ambit. It recognizes that liberty and equality are the focal point of a just system of governance and without which human dignity can be subverted by administrative discretion and absolute power. Rule of law then dwells beyond a compendium which sanctifies rules of law. Its elements comprise of substantive principles, processual guarantees and institutional safeguards that are designed to ensure responsive, accountable and sensitive governance.

¶858

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶861

The environmental rule of law, at a certain level, is a facet of the concept of the rule of law. But it includes specific features that are unique to environmental governance, features which are sui generis. The environmental rule of law seeks to create essential tools – conceptual, procedural and institutional to bring structure to the discourse on environmental protection. It does so to enhance our understanding of environmental challenges – of how they have been shaped by humanity’s interface with nature in the past, how they continue to be affected by its engagement with nature in the present and the prospects for the future, if we were not to radically alter the course of destruction which humanity’s actions have charted. The environmental rule of law seeks to facilitate a multi– disciplinary analysis of the nature and consequences of carbon footprints and in doing so it brings a shared understanding between science, regulatory decisions and policy perspectives in the field of environmental protection. It recognizes that the ‘law’ element in the environmental rule of law does not make the concept peculiarly the preserve of lawyers and judges. On the contrary, it seeks to draw within the fold all stakeholders in formulating strategies to deal with current challenges posed by environmental degradation, climate change and the destruction of habitats. The environmental rule of law seeks a unified understanding of these concepts. There are significant linkages between concepts such as sustainable development, the polluter pays principle and the trust doctrine. The universe of nature is indivisible and integrated. The state of the environment in one part of the earth affects and is fundamentally affected by what occurs in another part. Every element of the environment shares a symbiotic relationship with the others. It is this inseparable bond and connect which the environmental rule of law seeks to explore and understand in order to find solutions to

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¶865

the pressing problems which threaten the existence of humanity. The environmental rule of law is founded on the need to understand the consequences of our actions going beyond local, state and national boundaries. The rise in the oceans threatens not just maritime communities. The rise in temperatures, dilution of glaciers and growing desertification have consequences which go beyond the communities and creatures whose habitats are threatened. They affect the future survival of the entire eco-system. The environmental rule of law attempts to weave an understanding of the connections in the natural environment which make the issue of survival a unified challenge which confronts human societies everywhere. It seeks to build on experiential learnings of the past to formulate principles which must become the building pillars of environmental regulation in the present and future. The environmental rule of law recognizes the overlap between and seeks to amalgamate scientific learning, legal principle and policy intervention. Significantly, it brings attention to the rules, processes and norms followed by institutions which provide regulatory governance on the environment. In doing so, it fosters a regime of open, accountable and transparent decision making on concerns of the environment. It fosters the importance of participatory governance – of the value in giving a voice to those who are most affected by environmental policies and public projects. The structural design of the environmental rule of law composes of substantive, procedural and institutional elements. The tools of analysis go beyond legal concepts. The result of the framework is more than just the sum total of its parts. Together, the elements which it embodies aspire to safeguard the bounties of nature against existential threats. For it is founded on the universal recognition that the future of human

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¶869

existence depends on how we conserve, protect and regenerate the environment today.

¶870

In its decision in Hanuman Laxman Aroskar vs Union of India, [2019] 15 SCC 401 the Court, recognized the importance of protecting the environmental rule of law. The court observed:

¶871

“142. Fundamental to the outcome of this case is a quest for environmental governance within a rule of law paradigm. Environmental governance is founded on the need to promote environmental sustainability as a crucial enabling factor which ensures the health of our ecosystem.

¶872

“143. Since the Stockholm Conference, there has been a dramatic expansion in environmental laws and institutions across the globe. In many instances, these laws and institutions have helped to slow down or reverse environmental degradation. However, this progress is also accompanied, by a growing understanding that there is a considerable implementation gap between the requirements of environmental laws and their implementation and enforcement — both in developed and developing countries alike …

¶873

“156. The rule of law requires a regime which has effective, accountable and transparent institutions. Responsive, inclusive, participatory and representative decision making are key ingredients to the rule of law. Public access to information is, in similar terms, fundamental to the preservation of the rule of law. In a domestic context, environmental governance that is founded on the rule of law emerges from the values of our Constitution. The health of the environment is key to preserving the right to life as a constitutionally recognized value under Article 21 of the Constitution. Proper structures for environmental decision making find expression in the guarantee against arbitrary action and

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¶877

the affirmative duty of fair treatment under Article 14 of the Constitution.”

¶878

In its first global report on environmental rule of law in January 2019, the United Nations Environment Programme (“UNEP”) has presciently stated:

¶879

“If human society is to stay within the bounds of critical ecological thresholds, it is imperative that environmental laws are widely understood, respected, and enforced and the benefits of environmental protection are enjoyed by people and the planet. Environmental rule of law offers a framework for addressing the gap between environmental laws on the books and in practice and is key to achieving the Sustainable Development Goals.

¶880

Successful implementation of environmental law depends on the ability to quickly and efficiently resolve environmental disputes and punish environmental violations. Providing environmental adjudicators and enforcers with the tools that allow them to respond to environmental matters flexibly, transparently, and meaningfully is a critical building block of environmental rule of law.”

¶881

The need to adjudicate disputes over environmental harm within a rule of law framework is rooted in a principled commitment to ensure fidelity to the legal framework regulating environmental protection in a manner that transcends a case-by-case adjudication. Before this mode of analysis gained acceptance, we faced a situation in which, despite the existence of environmental legislation on the statute books, there was an absence of a set of overarching judicially recognized principles that could inform environmental adjudication in a manner that was stable, certain and predictable. In an article in the Asia-Pacific Journal of

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126

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Appeal No. 01/2024(CZ)

¶884

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶885

Environmental Law (2014), Bruce Pardy describes this conundrum in the following terms:

¶886

“Environmental regulations and standards typically identify specific limits or prohibitions on detrimental activities or substances. They are created to reflect the principles and prohibitions contained in the statute under which they are promulgated. However, where the contents of the statute are themselves indeterminate, there is no concrete rule or set of criteria to apply to formulate the standards. Their development can therefore be highly political and potentially arbitrary.

¶887

Instead of serving to protect citizens' environmental welfare, an indeterminate environmental law facilitates a utilitarian calculus that allows diffuse interests to be placed aside when they are judged to be less valuable than competing considerations.”

¶888

However, even while using the framework of an environmental rule of law, the difficulty we face is this – when adjudicating bodies are called on to adjudicate on environmental infractions, the precise harm that has taken place is often not susceptible to concrete quantification. While the framework provides valuable guidance in relation to the principles to be kept in mind while adjudicating upon environmental disputes, it does not provide clear pathways to determine the harm caused in multifarious factual situations that fall for judicial consideration. The determination of such harm requires access to scientific data which is often times difficult to come by in individual situations.

¶889

In an article in the Georgetown Environmental Law Review (2020), Arnold Kreilhuber and Angela Kariuki explain the manner in which the environmental rule of law seeks to resolve this imbroglio:

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127

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Appeal No. 01/2024(CZ)

¶892

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶893

“One of the main distinctions between environmental rule of law and other areas of law is the need to make decisions to protect human health and the environment in the face of uncertainty and data gaps. Instead of being paralyzed into inaction, careful documentation of the state of knowledge and uncertainties allows the regulated community, stakeholders, and other institutions to more fully understand why certain decisions were made.”

¶894

The point, therefore, is simply this – the environmental rule of law calls on us, as judges, to marshal the knowledge emerging from the record, limited though it may sometimes be, to respond in a stern and decisive fashion to violations of environmental law. We cannot be stupefied into inaction by not having access to complete details about the manner in which an environmental law violation has occurred or its full implications. Instead, the framework, acknowledging the imperfect world that we inhabit, provides a roadmap to deal with environmental law.

¶895

In a recent decision of the Court in Bengaluru Development Authority vs Sudhakar Hegde 2020 SCC online SC 328 , the Hon’ble Supreme Court held:

¶896

“107. The adversarial system is, by its nature, rights based. In the quest for justice, it is not uncommon to postulate a winning side and a losing side. In matters of the environment and development however, there is no trade-off between the two. The protection of the environment is an inherent component of development and growth…

¶897

“108. Professor Corker draws attention to the idea that the environmental protection goes beyond lawsuits. Where the state and statutory bodies fail in their duty to comply with

¶898

128

¶899

Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶901

the regulatory framework for the protection of the environment, the courts, acting on actions brought by public spirited individuals are called to invalidate such actions…

¶902

“109. The protection of the environment is premised not only on the active role of courts, but also on robust institutional frameworks within which every stakeholder complies with its duty to ensure sustainable development. A framework of environmental governance committed to the rule of law requires a regime which has effective, accountable and transparent institutions. Equally important is responsive, inclusive, participatory and representative decision making. Environmental governance is founded on the rule of law and emerges from the values of our Constitution. Where the health of the environment is key to preserving the right to life as a constitutionally recognized value under Article 21 of the Constitution, proper structures for environmental decision making find expression in the guarantee against arbitrary action and the affirmative duty of fair treatment under Article 14 of the Constitution. Sustainable development is premised not merely on the redressal of the failure of democratic institutions in the protection of the environment, but ensuring that such failures do not take place.”

¶903

It cannot be disputed that no development is possible without some adverse effect on the ecology and environment, and the projects of public utility cannot be abandoned and it is necessary to adjust the interest of the people as well as the necessity to maintain the environment. A balance has to be struck between the two interests. Where the commercial venture or enterprise would bring in results which are far more useful for the people, difficulty of a small number of people has to be bypassed. The comparative hardships have to be balanced and the convenience and

¶904

129

¶905

Appeal No. 01/2024(CZ)

¶906

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶907

benefit to a larger section of the people has to get primacy over comparatively lesser hardship.

¶908

This indicates that while applying the concept of “sustainable development” one has to keep in mind the “principle of proportionality” based on the concept of balance. It is an exercise in which we have to balance the priorities of development on one hand and environmental protection on the other hand.

¶909

In view of the above discussion and records, the prayer and the relief as quoted in clause-A for quashing and setting aside the order of MoEF&CC dated 21.12.2023 is dismissed. For rest of the relief we direct the respondents to follow following guidelines :-

¶910

i. The rail line from the rest of the area which is remaining to be completed which is reported to be 18 km. from Dallirajhara to Rowghat must be completed within a time frame.

¶911

ii. The speed limit for vehicles used for transportation of minerals is fixed at 40 km/hr.

¶912

iii. The upper speed limit is applicable to the trucks registered with department irrespective of the facts whether it is involved in transportation of minerals or is driven for any other purpose. The speed limit shall be applicable to all such registered vehicles throughout the State and throughout the year so that confidence is reposed in the citizen that such vehicles shall not endanger the lives of other commuters on road. The software with the help of VTS device fitted on transportation vehicles shall

¶913

130

¶914

Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶916

automatically debar all the trucks found to be exceeding the speed limit.

¶917

iv. If in exigency situation if the truck exceeds limit beyond 40 km/hr. upto 50 km/hr., it shall not be treated as wilful violation of the speed limit. For this purpose any increase in speed of vehicle above 40 km/hr. up to 60 second at a time shall be presumed to be such exigency and shall not be treated as wilful violation of speed limit.

¶918

v. The list of violators shall be displayed on the website in the late evening of the same day or on next day.

¶919

vi. It shall be the duty of the Leaseholder/Trader/end User, Transportation Contractors etc. not to employ such debarred vehicles' for any activities concerning Major Minerals like using such vehicles for internal movements within lease or jetty or storage points.

¶920

vii. If the debarred vehicle is used for transportation of the minor during when it was debarred, such vehicle may be made liable for exorbitant fines' so also person who employed such vehicles. Since debarring of trucks is done by use of software, the Social Status, Political Status or Economical Status either of the truck owner or driver shall not influence either monitoring or process of debarring trucks.

¶921

viii. The registration of vehicles with the department is voluntary, as such once registered with the department, the owner and driver of the truck or machinery shall be governed by provisions of the MMDR Act, 1957 and rules

¶922

131

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Appeal No. 01/2024(CZ)

¶924

Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶925

made therein, so also administrative instructions issued by Department from time to time.

¶926

ix. The department shall monitor all the vehicles registered with it throughout the year, as such VTS device of all the vehicles registered with department shall be active throughout the year irrespective of the fact whether it is mining season or otherwise.

¶927

x. The choice of vehicles to be used for transportation concerning the particular lease holder, traders or end users shall be exclusively left to the choice of lease holders, traders or end users. As such mere registration of vehicle with department shall not give any rights to any of the vehicle owner to get business of transportation as a matter of right from the department/lease holder, end user etc.

¶928

xi. The time for transportation of minerals though starts from 6 a.m. to 10 p.m. the same may be modified from time to time at different locations' taking into accounts the usage of infrastructure facilities by members of public, so also all school going children etc.

¶929

xii. Proper care shall be taken by the owner and driver of the vehicle to cover the minerals with turpentine etc. so that no wastage of mineral takes place at the same time dust pollution is avoided.

¶930

xiii. The trucks owners shall ensure that speedometer of vehicles are in good condition so as to enable the driver to

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132

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶934

control the speed of the vehicle and drive within the speed limit.

¶935

xiv. When any violation shall be noticed, the message of debarring of the truck shall be sent to all the owners/drivers on mobile numbers provided by them to department for over speeding. The duration for which they are debarred shall be intimated by auto generated SMS and when such message is received, it shall be the duty of such owner/driver not to use vehicle for any mining related activity during such period, any wilful defines of such instruction shall be solely attributed to such owner/driver and employing of such debarred vehicle shall be liable for further grievous action both monitory and otherwise.

¶936

xv. In case when vehicle registered with the department meets with an accident, it shall be presumed to be at fault and strict action shall be initiated against such vehicle. It shall be the duty of the vehicle owner to prove his innocence.

¶937

xvi. The Project Authority shall adopt Best Mining Practice for the given mining conditions. In the mining area, adequate number of check dams, retaining walls/structures, garland drains and settling ponds should be provided to arrest the wash-off with rain water in catchment area.

¶938

xvii. Where ever blasting is undertaken as part of mining /iron ore activity, the Project Authority shall carry out vibration studies well before approaching any such habitats or other buildings to evaluate the zone of influence and impact of blasting on the neighbourhood. Within 500 meters of such sites vulnerable to blasting vibrations, avoidance of use of

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133

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶942

explosives and adoption of alternative means of mineral extraction, such as ripper/dozer combination/rock breakers/surface miners etc. should be seriously considered and practiced wherever practicable. A provision for monitoring of each blast should be made so that the impact of blasting on nearby habitation and dwelling units could be ascertained. The covenant of lease deed under Rule 31 of MCR 1960 provides that no mining operations shall be carried out within 50 meters of public works such as public roads and buildings or inhabited sites except with the prior permission from the Competent Authority.

¶943

xviii. Main haulage road in the mine should be provided with permanent water sprinklers and other roads should be regularly wetted with water tankers fitted with sprinklers. Crusher and material transfer points should invariably be provided with Bag filters and or dry fogging system. Beltconveyors should be fully covered to avoid air borne dust. Plantation of suitable broad leaved indigenous tree species should be undertaken for the control of Air Pollution associated with vehicular movements.”

¶944

xix. The Project Authority shall ensure that the productivity of agricultural crops is not affected due to operations. Crop Liability Insurance Policy has to be taken by the PP as a precaution to compensate for any crop loss. The impact zone shall be 5km from the boundary of mine lease area for such insurance policy. In case, several mines are located in a cluster, the Associations of owners of the cluster mines, formed inter-alia, to sub-serve such an objective, shall take responsibility for securing such Crop Liability Policy.

¶945

xx. As CSR activities by Companies including the Mining /iron ore transportation Establishments has become mandatory

¶946

134

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Appeal No. 01/2024(CZ)

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

¶949

up to 2% of their financial turn-over, Socio Economic Development of the neighborhood Habitats could also be planned and executed by the PPs more systematically based on the 'Need based door to door survey’ by established Social Institutes/Workers on the lines as required under TOR. "R&R Plan/compensation details for the Project Affected People (PAP) should be furnished. While preparing the R&R Plan, the relevant State/National Rehabilitation & Resettlement Policy should be kept in view. In respect of SCs/STs and other weaker sections of the society in the study area, a need based sample survey, family-wise, should be undertaken to assess their requirements, and action programmes prepared and submitted accordingly, integrating the sectoral programmes of line departments of the State Government.

¶950

The State PCB shall as far as possible install pollution monitoring device of the nature that may upload information/data to the server of the State PCB and the DMG in real time to enable the departments to monitor the air quality along the designated route in real time and to arrest the movement of trucks, if required, to bring air pollution to within permissible norms.

¶951

With these observations Appeal No. 01/2024 stands disposed of .

¶952

Sheo Kumar Singh, JM

¶953

Dr. Afroz Ahmad, EM

¶954

03^rd September, 2024 Appeal No. 01/2024(CZ) PN

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Rowghat Sangharh Samiti & Ors. Vs. Union of India & Ors.

Rowghat Sangharsh Samiti through Banshi Lal Dugga v. Ministry of Environment Forest and Climate Change

Case brief

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Rowghat Sangharsh Samiti through Banshi Lal Dugga v. Ministry of Environment Forest and Climate Change

Case brief

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What the court decided

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