Disposed

Misc Application in disposed of cases No. 100/2023 in Original Application No. 364/2022 of Ram Kailash Singh vs

NGT19 Nov 2024Misc Application in disposed of cases No. 100/2023 in Original Application No. 364/2022

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an application concerning fly ash dumping in a water-filled mine void in Uttar Pradesh. The Tribunal directed the power plant to supply fly ash for reclamation. It held the power plant responsible for maintaining the plantation for five years and granted time for completion despite monsoon delays.

What did the court decide?

Directed to supply fly ash for mine filling; directed power plant to maintain plantation for 5 years; allowed further time for completion of work.

Misc Application in disposed of cases No. 100/2023 in… — Environment and Pollution | NGT (2024)

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Item No. 13

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Court No. 2

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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MA No. 100/2023 In Original Application No. 364/2022

Ram Kailash Singh

Applicant

Versus

State of Uttar Pradesh & Ors.

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Respondent(s)

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Date of hearing: 19.11.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: None

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Respondents: Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocate for UPPCB

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Shri Venkatesh, Mr. Anant Singh Ubeja and Mr. Kunal V Chopra, Advocates for Respondent No. 5. Mr. Dhaval Mehrotra and Ms. Aditi Desai, Advocates for Respondents No. 6 and 7

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ORDER

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Letter petition received in Tribunal on 29.03.2022 from Ram Kailash Singh s/o Ram Sajeevan Singh r/o Ginj Pure Baijnath, PS and Tehsil Bara, District Prayagraj was registered as Original Application (hereinafter referred to as ‘ OA ’) under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010’ ) in exercise of suomoto jurisdiction in view of law laid down by Supreme Court in “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.

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Complainant has said that fly ash of a power project at National Thermal Power Corporation (hereinafter referred to as ‘ NTPC ’) was being dumped in a mine void of a hill which has a gap of about 200 feet and is also filled with water upto 80 feet. The contractors of Thermal Power Corporation are forcibly dumping flyash in the said mine void causing

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damage to environment and violating the provisions of Environment (Protection) Act, 1986 (hereinafter referred to as ‘ EP Act, 1986 ).

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Tribunal took cognizance of complaint on 23.05.2022 but found it appropriate to verify facts and thus, constituted a joint Committee comprising representative of Regional Office of Ministry of Environment, Forest and Climate Change, Lucknow; Central Pollution Control board (CPCB); Uttar Pradesh Pollution Control Board; and District Magistrate, Prayagraj. Committee was required to submit its factual report within two months.

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Pursuant to above order, joint Committee submitted its report through Regional Officer, UPPCB vide letter dated 28.07.2022 sent by email dated 29.07.2022. Report stated that in the area, there was no Thermal Power Station of National Thermal Power Corporation and instead M/s Prayagraj Power Generation Company Limited (hereinafter referred to as ‘ PPGCL ’), Bara Prayagraj was found operating and linked with abounded mines in question for disposal of bottom ash. Thermal Power Plant of 3x660 MW was commissioned by PPGCL which is a major source of ash generation in the area concerned. M/s PPGCL has given work order for disposal of bottom ash in the abandoned mine void to M/s Ram Raj Singh, Bhu khand No. 180 Pure Baijnath, Tehsil Bara, District Prayagraj. Smt. Ramrati Devi w/o Devraj Singh has also authorized Ram Raj Singh to use her mine for disposing the ash. The disposal of bottom ash, thus is by Ram Raj Singh who was granted Consent to Operate (hereinafter referred to as ‘ CTO ’) by UPPCB vide letter dated 18.12.2021, valid upto 31.07.2023, under Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as ‘ Water Act, 1974 ’), and vide letter dated 18.12.2021, valid upto 31.07.2023, under Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as ‘ Air Act, 1981 ’). District

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Environment Impact Assessment Authority, Prayagraj (hereinafter referred to as ‘ DEIAA Prayagraj’) granted Environmental Clearance (hereinafter referred to as ‘ EC ’) dated 27.05.2017 in the name of Smt. Ramrati Singh w/o Shri Devraj Singh and total area of the project as per EC was 2.02 hectares. Copy of EC has been placed on record by joint Committee as Annexure F which is on page 209 but it shows that the same was issued for mining of gitti/boulder at Gata No. 180, area 2.02 hectares. The Joint Committee also recorded its observations found at the site and recommendations, which are reproduced as under:-

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“B. Factual status at site:

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1. Details layout indicating location of M/s PPGCL, Prayagraj, abundant mine, irrigation canal & other details are shown in map is enclosed as annexure G for reference and record.

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2. As per information provided by PPGCL around 1800 ton/day bottom ash being generated and work order has been given to M/s Ram Raj Singh, Bhukhand No. 180, Pure Baijnath, Bara Prayagraj for disposal of 2,00,000 metric tons of bottom ash in to his abandoned mine. Out of which 55,000 metric ton has dispatched by PPGCL for disposal to the M/s Ram Raj Singh, Bhukhand No. 180, PureBaijnath, Bara Prayagraj, which has been disposed on abandoned mine for filling the undulated area of the mine as well as developing the approach road within the abandoned mine.

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3. As per site visit committee has found that approximate 20% of the abandoned mine area has already been filled by dumping of ash (bottom ash) and it is also shown in Google map taken on two different dates i.e. before dumping bottom ash in the mines (Annexure H(A), and after dumping of bottom ash started in the mines as on (Annexure H(B)enclosed for reference.

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4. As per the discussion had with M/s PPGCL, Prayagrajand Sh. Ram Raj Singh (Mineowner), it is found that total depth of the mine is approximately 100 feet and almost 50% mine is filled with the rain water. It is estimated that approx. 2-2.5 lakh meter cubewater stored in mine. (Photographs 1,2,14).

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5. Committee also noticed that the M/s Ram Raj Singh, Bhukhand No. 180, PureBaijnath, Bara Prayagraj used significant quantity of soil for conditioning the bottom ash dumped area for the development of green belt in one side abandon mine and planted various saplings, it seems the above sapling has been planted recently before site visit of the joint committee (photographs 4,5,18).

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6. The work order issued on dated 27.01.2022 by the PPGCL in the name of M/s Ram Raj Singh, Bhukhand No. 180, PureBaijnath,

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Bara Prayagraj, for dumping of ash (bottom ash). The dumping of bottom ash has been stopped recently before committee visit, due to intervention of local administration (Copy of letter is attached as annexure I) as complaints has filed the case in Hon'ble NGT.

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7. The photographs taken during visit are annexed as annexure J for reference.

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C. Recommendation:

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1. Approach road for transportation of the ash to the abandoned mine shall be constructed appropriately to avoid air pollution,

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2. M/s Ram Raj Singh, Bhukhand No. 180, PureBaijnath, Bara Prayagraj must ensure that the vehicle used for the transportation of the ash must have valid PUC, fitness certificate and appropriately covered to avoid air pollution,

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3. Water sprinklers must be deployed to ensure to prevent the resuspension of the road dust and prevent the air pollution in to the surrounding area due to movement of vehicles

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4. As concerned of the matter of the compliant and prevention of the environmental pollution the dewatering of abandoned mine to be carried out at the cost of the M/s Ram Raj Singh, Bhukhand No. 180, PureBaijnath, Bara Prayagrajand evacuated water must be discharge in the nearby irrigation canal which is meeting to river Belanand ultimately confluence with river tons, after traversing the substantial distance.

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5. M/s Ram Raj Singh, Bhukhand No. 180, PureBaijnath, Bara Prayagraj must ensure the ash should not be dumped in the abandoned mine until it gets completely dewatered to avoid further contamination of the water, which is recommended for disposing in to the nearby natural water bodies through the canal, and it is approximately 250 meter away from the abandoned mine in question.

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6. M/s Ram Raj Singh, Bhukhand No. 180, PureBaijnath, Bara Prayagraj must ensure the proper implementation of the mine closure plane, which is one of the conditions of Environmental Clearance (EC) issued to them.

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7. For the optimum utilization of the water resources M/s Ram Raj Singh, Bhukhand No. 180, PureBaijnath, Bara Prayagraj must dewater the abandoned mine only during lean season.”

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The report was considered by Tribunal on 14.09.2022 and in the light of observations made therein, Tribunal impleaded following as respondents:

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1) State of UP through Chief Secretary, Govt. of Uttar Pradesh;

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2) Director, Directorate of Geology and Mining, Uttar Pradesh;

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3) Divisional Forest Officer, Prayagraj;

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4) District Magistrate, Prayagraj;

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5) M/s Prayagraj Power Generation Company Limited, Bara, District Prayagraj;

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6) M/s Ram Guard Singh, Bhu khand No. 180, Pure Baijnath, Tehsil Bara, District Prayagraj;

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7) Smt. Ramrati Devi w/o Devraj Singh, Tehsil Bara, District Prayagraj

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Notices were issued to said respondents and time was granted to them to file their responses.

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Director, Mining and Geology submitted its response vide letter dated 24.11.2022 stating that a mining lease for extraction of sand stone (gitti/boulder) was executed in favour of Smt. Ramrati Singh w/o Devraj Singh at Gata No. 180, area 5 acres which was valid for the period of 26.11.2014 to 25.11.2019. After expiry of mining, the lessee was directed to remove its infrastructure from the mining site. However, before closure of mining, proper closing activities were not undertaken and instead Smt. Ramvati Singh vide letter dated 24.11.2022 informed that the mine void is being sought to be filled in by overburden sand/ponds soil but during rainy season, water got filled in the mine void, hence the work was stopped. Further, Executive Engineer, Tons Pump Nahar Division, Prayagraj directed PPGCL to remove water from the mine void and got the work closed and rest compliance of norms are within the ambit of the Director, Mining and Geology.

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Respondent No. 6 and 7 filed a joint response dated 17.03.2023 stating that the work of filling of mines was being carried out by them in compliance with the applicable orders and guidelines. They obtained requisite permissions for filling of ash for closure of mine and there was no breach of any condition by them. They also stated that PPGCL stopped

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supply of ash to respondent 6 and 7, as a result whereof, the work of backfilling and closure of mine got stopped. As per Guidelines dated 31.12.2021 issued by the Ministry of Environments, Forest and Climate Change (hereinafter referred to as ‘ MoEF&CC ’), utilization of fly ash for closure of mines was recognized as a means to protect, prevent pollution being caused by generation of ash. Mine reclamation was recognized as a potential beneficial use of fly ash. It was recognized that placement of fly ash into deep mines can provide a structural support to abate subsidence and placement of fly ash in surface mines or other open pits can aid in restoring mined land to beneficial use, therefore, stoppage of work was not in interest of prevention of pollution. Further, respondent 6 and 7 had placed following facts before Tribunal in para 4 of their response:-

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“a. That the Respondent No. 7 was granted a mining lease of sand stone (grit/bolder) for a period of five years from 26.11.2014 to 25.11.2019 in the plot no.180 rakba 5 acre of the village Pure Baijnath Tehsil Bara Distt. Prayagraj. That on 27.05.2017, an Environmental Clearance was granted for said mining. As per General Condition No. 13 of the aforesaid Environmental Clearance, the Respondent had to get the mining area filled with over burden soil for the purpose of plantation. A true translated copy of the Environmental Clearance dated 27.05.2017 is annexed herein and marked as Annexure-A.

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b. It is submitted that before starting the work of filling of ash at the mining site, the Respondents took all the requisite permission from the authorities. It is submitted that by order dated 12.02.2021, after considering the application dated 10.02.2021 of the Respondent for filling the mining area, the Mining Officer, Prayagraj granted permission for the reclamation of the mining site. A true translated copy of the order dated 12.02.2021 of the Mining Officer, Prayagraj is annexed herein and marked as Annexure-B.

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c. That after the period of mining was over, for the purpose of the filling of the mine the Respondent No. 7 on 07.10.2021, wrote to the PPGCL asking for supply of fly ash. Thereafter, a work order was issued in favour of the Respondents. That the Respondent No. 7 submitted to PPGCM on affidavit dated 20.11.2021, that due to her age and ill-health she is authorizing her son, i.e. the Respondent No. 6 to do the work in the mining work on her behalf. Further, the Respondent No. 6 submitted to PPGCM on affidavit dated 24.11.2021, that the mine at that time contained rain water. The Respondent No. 6 stated that only after expulsion of rain water the work of filling, levelling and plantation of mine will be done. The Respondent No. 6 further undertook that no loss to environment

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would be caused at the time of expulsion of water of mines and at the time of filling of the mine. The Respondent No. 6 further stated that the ground water level in the mining area is very low and only rainy water was filled in the mine. A true translated copy of the Respondent No. 7's letter dated 07.10.2021 is annexed herein and marked as Annexure-C. A true translated copy of the Affidavit dated 20.11.2021 of the Respondent No. 7 is annexed herein and marked as Annexure-D. A true translated copy of the Affidavit dated 24.11.2021 of the Respondent No. 6 is annexed herein and marked as Annexure- E.

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d. That on 12.11.2021, the Gram Pradhan of the Gram Sabha wrote to the Sub Divisional Magistrate stating that they did not have any objection to the filling of the mine with fly ash as the same was necessary in public interest. A true translated copy of the letter dated 12.11.2021 of the Gram Panchayat is annexed herein and marked as Annexure-F.

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e. Further, by Office Memorandum dated 16.11.2021, the Sub Divisional Magistrate, Bara Prayagraj, in view of the condition No. 13 in the Environmental Clearance, granted No Objection for doing levelling of the mine by using over burden soil and for doing plantation. A true translated copy of the Office Memorandum dated 16.11.2021 is annexed herein and marked as Annexure-G.

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f. Further by Order dated 18.12.2021, Uttar Pradesh Pollution Control Board granted permission under Section 21(6) of the Air (Prevention and Control of Pollution) Act, 1981, for the purpose of back filing of Ash (received from PPGCL) and Soil. A true copy of the Order dated 18.12.2021 of the Uttar Pradesh Pollution Control Board is annexed herein and marked as Annexure-H.

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g. That after receiving the required permissions, the Respondent No. 6 started the work of filing of sand after dewatering of the mine. The Respondent No. 6 on 01.02.2022 submitted a compliance report to the UP Pollution Control Board pointing out that the work was being carried out as per the prescribed conditions. A true copy of the compliance report along with the translated copy of the covering letter dated 01.02.2022 is annexed herein and marked as Annexure-I.

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h. It is submitted that in response to complaints including by the Applicant in the present case, the Sub-Divisional Magistrate by communication dated 02.02.2022 initiated an enquiry. The SubDivisional Magistrate by notice dated 05.02.2022 asked the Respondent No. 7 to ensure that the work is being carried out as per the requirement of the guidelines dated 31.12.2021. Copy of Guidelines dated 31.12.2021 is annexed herein and marked as Annexure- J. A true translated copy of the Sub-Divisional Magistrate's communication dated 02.02.2022 is annexed herein and marked as Annexure-K. A true translated copy of the Sub Divisional Magistrate's notice dated 05.02.2022 is annexed herein and marked as Annexure-L.

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i. That on 07.02.2022 the Applicant in the present case, Shri Ram Kailash Singh informed the Regional Office of the Uttar Pradesh Pollution Control Board that no complaint had been made by him. A

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true translated copy of the letter dated 07.02.2022 of Shri Ram Kailash Singh is annexed herein and marked as Annexure-M.

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j. The Regional Office, of the Uttar Pradesh Pollution Control Board in its communication dated 10.02.2022 to the Sub Divisional Magistrate, Bara Prayagraj stated that the alleged complainant Shri Ram Kailash Singh has stated on affidavit that no complaint was made by him. It was further stated that the Respondent No. 6 has been carrying out the work as per the order dated 18.12.2021. A true translated copy of the letter dated 10.02.2022 of the Regional Office, of the Uttar Pradesh Pollution Control Board is annexed herein and marked as Annexure-N.

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k. That the Mines Officer, Prayagraj, issued notice dated 10.02.2022 to the Respondent No. 7 asking whether the work was being carried out in compliance with the Guidelines dated 31.12.2021. That the Respondent No. 7 responded to the Notice issued by the Mines Officer, Pragagraj pointing out that the work was being carried out in compliance with the Guidelines dated 31.12.2021. It was further stated that the ash and soil were being filled after draining out water. A true translated copy of the Notice dated 10.02.2022 is annexed herein and marked as Annexure-O. A true translated copy of the Respondent No. 7's response is annexed herein and marked as Annexure-P.

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l. Further, by letter dated 17.02.2022, the Regional Officer, of the Reginal Office of the Uttar Pradesh Pollution Control Board informed the Sub Divisional Magistrate that the work of back filling was being done in compliance with the consent order dated 18.12.2021. A copy of the inspection report of Assistant Executive Engineer was also attached. The inspection report recorded that the work of backfilling had stopped because M/s PPGCL had stopped supplying fly ash. It was recorded that the back filing work was being carried out in compliance with the order dated 18.12.2021. A true translated copy of the letter dated 17.02.2022 of the Regional Officer, of the Reginal Office of the Uttar Pradesh Pollution Control Board along with the Inspection Report of Assistant Executive Engineer is annexed herein and marked as Annexure-Q.

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m. In view of the aforesaid, the Sub Divisional Magistrate, informed the Manager, M/s PPGCL that the complaint against the present Respondent was not found to be proved. A true translated copy of the communication dated 28.02.2022 of the Sub Divisional Magistrate is annexed herein and marked as Annexure-R. ”

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It is also said that respondent 6 has taken steps to dewater the mine and work of dewatering started on 17.11.2022. However, work of dewatering was interfered by officers of PPGCL and communication of this obstruction was given to UPPCB by respondent 6 vide letter dated 21.11.2022. An enquiry was also made by Mining Officer, Prayagraj vide

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notice dated 23.11.2022 about status of work of reclamation of mine and in response thereto, respondent 7 vide letter dated 24.11.2022 informed that work of dewatering was carried out for some time starting from 17.11.2022 but later it was stopped by Executive Engineer, Tons Pump Nahar Division and this fact was communicated by respondent 6 to UPPCB vide letter dated 21.11.2022.

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Respondent 7 also wrote a letter to Sub-Divisional Magistrate informing that the work of filling was stopped and requested for permission to start the work. Respondent 6 and 7 vide letter dated 15.02.2023 informed District Magistrate, Prayagraj; Sub-Divisional Magistrate, Bara and Regional Officer, UPPCB that work of dewatering has stopped and permission may be granted to restart filling work. Respondent 6 incurred expenses of Rs. 44,25,000/- in deployment of machinery for dewatering. At para 10 it is said that respondents 6 and 7 are ready to comply with all the recommendations suggested by joint Committee.

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Respondent 5 i.e. PPGCL also filed its response/reply dated 20.03.2023 stating that complainant has denied of filing of any complaint but Tribunal exercised suo-moto jurisdiction in the matter on the letter petition. Coming on the preliminary submissions and objections, respondent 5 has stated that PPGCL established 3x660 MW capacity coal fired supercritical Thermal Power Plant at Bara, District Prayagraj, State of Uttar Pradesh. Vide Notification dated 14.09.1999, MoEF&CC has issued certain directions regarding utilization of Fly ash from Coal and Lignite based Thermal Power Plant and directions contained therein read as under:-

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“

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(a) Manufacturers of clay bricks / tiles / blocks for construction to mix at least 25% of the ash generated by TPPs;

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(b) Pollution Control Boards/Committees to ensure implementation and compliance of the same, by cancelling the Consent Order provided for brick kilns or mining leases, if so required;

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(c) Every TPP shall ensure availability of fly ash for 10 years without any payment/consideration; and

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(d) Every TPP shall submit an Action Plan within a period of 9 years or 15 years depending on environment clearance to phase out dumping and disposal of Fly ash. Action plan to be submitted to the CPCB or the SPCB.”

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Reference has also been given to subsequent notifications issued by MoEF&CC on 03.11.2009, 25.01.2016 and 31.12.2021. In reference to above notifications, respondent 5 has said that the sole objective of notifications was to promote utilization of fly ash by using the same in manufacturing of bricks and other construction activities. In terms of the above Notifications, Thermal Power Plants are/were under statutory obligations to utilize and dispose of fly ash and the same accordingly was binding upon PPGCL being a Thermal Power Plant. Various options were given for disposal of fly ash which included utilization of fly ash for filling of mines as one of the options available. PPGCL accordingly proceeded to dispose of fly ash by filling of mines by engaging M/s Ram Raj Singh (respondent 6) as Contractor to carry out such work. A work contract was executed between PPGCL and respondent 6 i.e Contractor on 27.01.2022 for disposal of fly ash. In view of service rendered by Contractor i.e. respondent 6, PPGCL has paid a sum of Rs. 8090146/- till the date of filing of the above reply. All statutory provisions are being complied by PPGCL and if there is any lapse on the part of Contractor, PPGCL is not liable. Under the principle of Polluter Pays, a person causing pollution is responsible. Respondent 5 has placed reliance on the observations made by Supreme Court in the judgment rendered in Vellore Citizen Welfare Forum vs. Union of India (1996) 5 SCC 647 . The relevant extract thereof, as relied upon by respondent 5, reads as under:-

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“Once the activity carried on is hazardous or inherently dangerous, the person carrying on such activity is liable to make good the loss caused to any other person by his activity irrespective of the fact whether he took reasonable care while carrying on his activity.”

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Referring to various statutory permissions granted to respondent 6 i.e. Contractor, the respondent 5 in the entire later part of its reply has tried to show that it is the Contractor who is responsible and not PPGCL.

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An additional reply dated 03.05.2023 has also been filed by respondent 5 wherein earlier response has been reiterated and it is further said that no specific complaint or violation has been found against PPGCL. The joint Committee report is against Contractor i.e. respondent 6 and therefore, PPGCL is not responsible for any violation. In the process of filling in mine void by Contractor, it is also said that respondent 6 failed to undertake appropriate remedial steps and till such steps are not taken, PPGCL decided to cease supply of fly ash to respondent Contractor, in view of joint Committee report dated 28.07.2022.

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In para 9.4, it is said by PPGCL undertakes to supply fly ash to respondents for resumption of back filling of abandoned mine void, as and when, appropriate directions are issued by Tribunal.

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An additional reply dated 04.05.2023 has also been filed by respondents 6 and 7 which is virtually a repetition of earlier reply filed by these respondents, hence, we are not repeating the same.

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Joint Committee sent a letter dated 05.05.2023 to Tribunal stating that site was revisited by Joint Committee on 25.04.2023 and it found approximately two feet water filled in mine void. Proponent was trying to extract rest of water from mine but due to heavy rain in the preceding three weeks, entire water could not be extracted.

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The above responses or reply or reports were considered by Tribunal on 08.05.2023. In the light of facts stated in replies filed by respondents 5,6 and 7 and also joint Committee report, Tribunal found it appropriate to dispose of application with the direction to respondent 5 to supply fly ash to respondents 6 and 7 and in turn respondents 6 and 7 were directed to comply with recommendations made by joint Committee and to fill in mine void after dewatering the same and close the mine in accordance with mine closure plan within two months. UPPCB was directed to monitor closure of mine void and its reclamation in accordance with Mine Closure Plan and Environmental norms and submit a compliance report to Tribunal. Operative part of order contained in para 15 and 16 reads as under:-

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“15. In view of the factual position as emerging from the report of the Joint Committee and replies submitted by the respondents no. 5 and 6 and 7 respectively the application is disposed of with the direction to respondent no. 5 to supply fly ash to respondents no. 6 and 7 and respondents no. 6 and 7 are directed to comply with the recommendations made by the Joint committee and to fill the mine void after dewatering the same and close the mine in accordance with the mine closure plan within two months. The UPPCB is directed to monitor the closure of the mining void and its reclamation in accordance with mine closure plan and environmental norms and send its report in this regard by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF on or before 31.07.2023 to the Ld. Registrar General of this Tribunal who may direct the case to be listed before this Bench for further directions, if he considers the same to be necessary.

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16. In case of any difficulty the UPPCB or any of the respondents no. 5 to 7 and in case of any grievance, the applicant shall be at liberty to move this Tribunal for further direction in the matter.”

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Pursuant to order dated 08.05.2023, a compliance report was filed by Regional Officer, UPPCB vide letter dated 24.07.2023 and this was registered as M.A. No. 100/2023.

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Report said that order dated 08.05.2023 was communicated to respondent 5 vide letter dated 02.06.2023 for compliance of fly ash filling work within stipulated time. However, Project Proponent gave in writing that work cannot start in rainy season. Inspection of site was conducted on 05.07.2023 when the mine was found filled with 3-4 feet of water.

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This MA No. 100/2023 came up before Tribunal on 11.10.2023.

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Having gone through the report submitted by Regional Officer, UPPCB, Tribunal observed that in fact it is a report of non-compliance though titled as ‘Compliance Report’ by UPPCB and this was a clear erroneous approach on the part of UPPCB. It shows non application of mind. In compliance of Tribunal’s order dated 08.05.2023, if any further time was required, appropriate application should have been filed for such purpose but the factum of non-compliance should not have been placed by giving title of ‘Compliance Report’. Recording its serious displeasure, Tribunal directed for filing of compliance report within three months.

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Accordingly, UPPCB has filed another compliance report dated 30.01.2024 stating that inspection of site was conducted on 28.01.2024 and the work was going on and found satisfactory. The Project Proponent informed that the work will be completed by July, 2024. Letter dated 28.01.2024 giving its explanation with regard to the work is appended to said report of UPPCB 30.01.2024 and relevant extract thereof reads as under:-

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“1. इकाई द्वारा पाण्ड ऐश हेतु प्रयागराज पावर जनरेशन लोहगरा, बारा से वकक आर्कर प्राप्त हुआ है।

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इकाई द्वारा पी०पी०जी०सी०एल० पररसर में पाण्ड ऐश को ले जाने हेतु ट्रक को ढककर ले जाया जा रहा है। दिनाांक 28.01.2024 तक 328671.00 ट्न पाण्ड ऐश के पावर प्ाांट् से उठाया गया है एवां स्वीकृत स्थल पर भराई का कायक दकया गया है।

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इकाई द्वारा पररवहन के रास्ते में ट्ैंकर के माध्यम से पानी के दिड़काव का कायक दकया जा रहा है।

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इकाई द्वारा पररवहन के रास्ते को भी आवश्यकतानुसार ठीक दकये जाने का भी कायक दकया गया है।

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इकाई वतकमान फोट्ोग्राफ्स आपके कायाकलय में प्रस्ु दकया जा रहा है। त

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इकाई द्वारा नजिीकी हैण्ड पम्प का जल ट्ेस्टांग के दलये क्षेत्रीय कायाकलय में दिनाांक 29.01.2024 को जमा करा दिया गया है।

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इकाई जुलाई 2024 तक अपना कायक समाप्त कर सकेगी एवां हररत पदिका का दवकास कायक करके कायाकलय को सूदित करेगा।

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उक्त के अदतररक्त अवगत कराना है अदग्रम दकये गये कायक की सूिना अदत शीघ्र प्रेदित की जायेगी।“

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“1. The unit has received a work order from Prayagraj Power Generation Lohgara, Bara for pond ash.

¶112

2. The unit is taking the covered truck to carry the pond ash to the PPGCL premises. 328671.00 tonnes of pond ash has been lifted from the power plant till 28.01.2024 and the work of filling has been done at the approved site.

¶113

3. The unit is sprinkling water through tankers on the way of transportation.

¶114

4. The unit has also done the work of repairing the way of transportation as per the requirement.

¶115

5. The current photographs of the unit are being submitted to your office.

¶116

6. The water of the nearest hand pump has been submitted by the unit to the regional office for testing on 29.01.2024.

¶117

7. The unit will be able to complete its work by July 2024 and will inform the office after development work of the green belt.

¶118

Apart from the above, it is to be informed that information about the advance work done will be submitted very soon.”

¶119

Respondent 6 also filed an affidavit dated 31.01.2024 before Tribunal stating that subsequent to order dated 11.10.2023 passed by Tribunal, work of ash filling has been started and is being carried out as per recommendations of Joint Committee report dated 28.07.2022. Approach road is being maintained; vehicles being used for transportation of ash have requisite permits and certificates; water sprinklers are being

¶120

¶121

used to prevent suspension of dust particles; there is no water in mine and respondent has dewatered the mine before start of work; there is no contamination of ground water and no complaint has been made by any authority alleging violation of any environmental norm. It is also said that respondent 6 is continuously lifting ash from respondent 5’s plant. Details of lifting of ash from the period of 23.10.2023 to 28.01.2024 are given as

¶122

under:-

¶123

*Period*	*Number* *vehicle trips* *lifting ash*	*Quantity (in Tonnes)*
_23.10.2023 - 31.12.2023 _	137	5033.24
_01.11.2023 -30.11.2023 _	2299	89829.68
_01.12.2023 -31.12.2023 _	_2401 _	96644.66
01.01.2024 - 28.01.2024	3400	137163
	*TOTAL*	*328670.58*

¶124

It is said that almost upto half of the depth of mine void, the work has been completed and rest will also be completed before start of monsoon.

¶125

In view of the above, Tribunal granted further time to UPPCB vide its order dated 02.02.2024.

¶126

A compliance report vide letter dated 16.04.2024 filed by email dated 18.04.2024 by Regional Officer, UPPCB stated that 60% of work has been completed and rest will be completed soon as it is going with fast speed. The relevant extract of the report reads as under:-

¶127

“

¶128

➤ Ram Raj Singh resident of Akauriya Bara, Prayagraj, Uttar Pradesh is dumping of Bottom- ash in abandoned mine at Ginj Pure Baijnath, Bara, Prayagraj.

¶129

➤ Bottom-ash disposal activity started after due permission from Regional Office, Prayagraj СТО dated 18.12.2021, which was valid up to 31.07.2023

¶130

¶131

➤ Mining Officer, Prayagraj has been also granted permission for the reclamation of the mining site by vide letter No. 584/Khanij/2020-21 dated 12-02-2021.

¶132

➤ Bottom-ash filling of the mine has been stopped during monsoon because of abandoned mine has been filled with rain water.

¶133

➤ After monsoon season applicant informed the Regional Office, Prayagraj that the work of dewatering was started from 17.11.2022.

¶134

➤ Applicant application Dated 15.02.2023, informormed that dewatering has been completed and permission may be granted to restart the filling work.

¶135

Loading/unloading and transportation of Bottom Ash

¶136

➤ At the time of inspection dated 10.04.2023, transportation of bottomash found through covered Hyva's, & 05 water sprinkling tankers found on road side & working area of the abandoned mine route as per CPCB norms (Photographs attached).

¶137

➤ Bottom-ash are transporting with conditioned water to maintain moisture at the disposal point cause of fugitive emission.

¶138

➤ To prevent fugitive dust emission during transportation, sweeping and regular sprinkling day by day is also done at transportation route as per CPCB norms (Photographs attached).

¶139

➤ To prevent fugitive dust emission after labelling soil mixing is also being done with Bottom-ash during disposal because soil required for the purpose of cover shall be excavated from the soil borrow area. The voids so created due to removal of soil shall be filled up with ash with proper compaction and covered at top with soil cover (Photographs attached).

¶140

13. Unit has submitted Air Monitoring Report dated 01-02-2024 & under ground Water Report (Near 200 meter Hand Pump) Dated 02-02-2024 as compliance of consent order (Annex.).

¶141

14. Bottom-ash disposal activity with due permission from Regional Office, Prayagraj Allahabad CTO vide 203260/UPPCB/ (UPPCBRO)/CTO/both/PRAYAGRAJ/2024 Date 22.02.2024 which is valid up to 31.07.2025. In present 60% work completed of fly-ash filling at abandoned mine. As per proponent after the filling of abandoned mine is cover with a soil and plantation shall be done with fast growing species.”

¶142

A further compliance report dated 13.08.2024 was filed through affidavit by respondent 6 stating that small portion of mine in South East

¶143

Corner is still remaining. He has also given reasons for non-completion of

¶144

¶145

work. Facts disclosed by respondents 6 and 7 in the said affidavit read as

¶146

under:-

¶147

“ii. I state in the hearing dated 08.05.2024 before this Hon'ble Tribunal, I through my counsel had informed this Hon'ble Tribunal that the work of mine filing will be completed by end of June 2024 and that the plantation work shall be completed by end of July 2024.

¶148

iii. I state that pursuant to the aforesaid undertaking, I had taken all possible steps to complete the work. The work of filling of the mine void has been completed by me to a large extend. However, despite my best efforts and due to the reasons beyond my control, the work for a small portion of the mine, for a fraction of the depth, is still remaining.

¶149

iv. I state that mine void filling of a small portion of the mine in the South-East corner of the mine is still remaining. The measurement of this portion is roughly 120 mts on the Southern Side, 68 mts on the Eastern Side, 100 mts on the Northern Side and 56 mt on the Western Side. I state that the depth of the mine in this area was almost 100 fts. I state that depth up to 70 fts has been compacted after filling it with ash and overburden. I state that depth up to 25 to 30 fts remains to be filled.

¶150

v. I state that the work of this remaining portion could not be completed because of the following reasons:

¶151

a. I state that the railway crossing at Ghurmi which lies between Respondent No. 5's plant and the mine was closed for repair work in the night time of 26.05.2024 to 29.05.2024. Due to this closure, it was not possible to transport the ash for filling of the mine void. A true copy of the Notice displayed at the Railway crossing is annexed herein and marked as Annexure-A.

¶152

b. Due to the voting on 25.05.2024, for the Lok Sabha general elections the movement of heavy vehicles was closed by the administration from a day prior to voting till the day after the voting.

¶153

c. I state that the work was again stopped due to the rainfall which started on 22" June 2024. I state that no work of mine void filling could be done after the start of the monsoon.

¶154

vi. I state that despite the various hindrances, the work on the remaining portion of the mine area has been completed. I state that I have completed the work of mine filing and plantation in the remaining portion. I state that more than 90% of the work of mine void filling has been completed. I state that for the purpose of backfilling and compaction, I have procured around 1,19,663 tons of ash in the month of May and around 1,08,593 tons of ash in the month of from Respondent No. 5.

¶155

vii. I state that I have planted Peepal, Neem, Sagwan, Kadam, Ficus, Palash, Sheesham, Banyan, Mahua, Chitwan and Arjun trees. I state that I have planted almost 1500 saplings. The Photographs

¶156

¶157

showing the completion of the work in the remaining portion is annexed herein and marked as Annexure-B.

¶158

viii. I state that for the remaining work approximately 150.000 tons of ash will be required. I state that it is impossible to do the work in the monsoon season. I state that after monsoon ends in September, I will require two months to complete the work, including the work of dewatering, repair of roads, filling of mine void, compaction and plantation.

¶159

ix. I state that I undertake to abide by the terms and conditions that has been prescribed by the Joint Inspection Report dated 28.07.2022 or by any other terms and conditions that may be imposed by this Hon'ble Tribunal.

¶160

x. I state that the Annexures filed by the present Affidavit are true and correct.

¶161

xi. I therefore pray that I may be allowed to complete the balance work within two months after the end of the monsoon season.”

¶162

Regional Officer, UPPCB also submitted a report of compliance vide letter dated 14.08.2024 stating that inspection of site was conducted on 16.07.2024. The observations and comments in the report read as under:-

¶163

“दवस्ृ आख्या दनम्नवत् ह त ै -

¶164

क्षेत्रीय कायाकलय, उ०प्र० प्रिूिण दनयांत्रण बोर्क, प्रयागराज के पत्र सांख्या जी 00662/एन०जी०ट्ी० ओ०ए० नां0 364/2022/2024, दिनाांक 12.07.2024 एवां पत्र सांख्या जी 00755/एन०जी०ट्ी० ओ०ए० नां0 364/2022/2024, दिनाांक 09.08.2024 के द्वारा प्रदतवािी सांख्या-6 श्री राम राज दसांह को एवां पत्र सांख्या जी 00661/एन०जी०ट्ी० ओ०ए० नां० 364/2022/2024, दिनाांक12.07.2024 एवां पत्र सांख्या जी 00756/एन०जी०ट्ी० ओ०ए० नां० 364/2022/2024, दिनाांक 09.08.2024 द्वारा श्रीमती रामरती िेवी पत्नी श्री िेवराज दसांह को मा० एन०जी०ट्ी० द्वारा दिनाांक 08.05.2024 को पाररत आिेश के अनुपालन में खाली टोन क्वैरी में पाण्ड ऐश दफदलांग के सम्बन्ध में प्रगदत आख्या प्रेदित दकये जाने हेतु दनिेदशत दकया गया। प्रदतवािी सांख्या-6 को प्रेदित दकये गये पत्र सलग्नकं -01 के रूप में एवां प्रदतवािी सांख्या-7 को प्रेदित दकये गये पत्र सलग्नकं - 02 के रूप में सांलग्न है।

¶165

क्षेत्रीय कायाकलय, प्रयागराज के पत्र दिनाांक 12.07.2024 एवां दिनाांक 09.08.2024 के क्रम में श्रीमती रामरती िेवी पत्नी श्री िेवराज दसांह, दनवादसनी ग्राम अकौररया, तहसील-बारा, जनपिप्रयागराज द्वारा पत्र दिनाांक 12.08.2024 के द्वारा सूदित दकया गया दक कायाकलय दजलादिकारी, प्रयागराज द्वारा दिनाांक 26.11.2014 से दिनाांक 25.11.2019 तक की अवदि हेतु पूवक में ग्रामपूरे बैजनाथ, तहसील-बारा, जनपि-प्रयागराज स्स्थत भूखण्ड सांख्या 180, क्षेत्रफल 5.0 एकड़ में स्वीकृत खनन पिा का नवीनीकरण उनके नाम से दकया गया था। खान अदिकारी, कायाकलय दजलादिकारी, प्रयागराज के पत्र सांख्या 584/खदनज/2020-21, दिनाांक 12.02.2021 द्वारा श्रीमती रामरती दसांह प्रदतवािी सांख्या-7 को दनिेदशत दकया गया दक खनन पिा क्षेत्र में पिा दवलेख में उस्िस्खत शतों के अनुसार समतलीकरण कराकर वृक्षारापेण कायक कराया जाये। प्रश्नगत खनन पिा दिनाांक 25.11.2019 को समाप्त हो गया है। खाली खनन पिा क्षेत्र में मेससक पी०पी०जी०सी०एल० कम्पनी, बारा, प्रयागराज से जदनत फ्लाईऐश व दमिी लाकर समतलीकरण दकये जाने दनिेदशत दकया गया है। खान अदिकारी, प्रयागराज का पत्र दिनाांक 12.02.2021

¶166

¶167

सलग्नकं -03 के रूप में सांलग्न है। प्रदतवािी सांख्या-7 श्रीमती रामरदत िेवी द्वारा सूदित दकया गया दक भूखण्ड सांख्या 180, क्षेत्रफल-5.0 एकड़, ग्राम-पूरे बैजनाथ, बारा, प्रयागराज में मेससक पी०पी०जी०सी०एल० कम्पनी, बारा, प्रयागराज से जदनत पाण्ड ऐश द्वारा समतलीकरण दकये जाने व वृक्षारोपण कायक दकये जाने हेतु एग्रीमेन्ट दकया गया है, जो सलग्नकं -04(ए) के रूप में सांलग्न है। प्रदतवािी सांख्या 7 एवां 6 के मध्य दकये गये एग्रीमेन्ट में दिये गये तथ्ोां के अनुसार खाली पड़े खनन स्थल खिान की भराई, समतलीकरण तथा वृक्षारोपण का कायक श्री राम राज दसांह पुत्र श्री िेवराज दसांह, दनवासी ग्राम अकौररया, तहसील-बारा, जनपि-प्रयागराज द्वारा दकया जाना है। प्रदतवािी सांख्या- 7 श्रीमती रामरती िेवी पत्नी श्री िेवराज दसांह द्वारा अपने पत्र दिनाांक 12.08.2024 सलग्नकं -4 (बी) द्वारा सूदित दकया गया है दक ग्राम-पूरे बैजनाथ, तहसील-बारा, जनपि-प्रयारागज के भू-खण्ड सांख्या 180, क्षेत्रफल 5.0 एकड़ में पाण्ड ऐश एवां दमिी के भराई के पश्चात् वृक्षारोपण कायक की सम्पूणक दजम्मेिारी उनके सुपुत्र प्रदतवािी सांख्या-6 श्री राम राज दसांह पुत्र श्री िेवराज दसांह, दनवासी ग्राम-अकौररया, तहसील-बारा, जनपि-प्रयागराज की है।

¶168

प्रदतवािी सांख्या-6 श्री राम राज दसांह पुत्र श्री िेवराज दसांह, दनवासी ग्राम-अकौररया, तहसीलबारा, जनपि-प्रयागराज द्वारा इस कायाकलय के पत्र दिनाांक 12.07.2024 एवां दिनाांक 09.08.2024 के क्रम में खाली टोन क्वैरी के दफदलांग के सम्बन्ध में प्रगदत ररपोट्क इस कायाकलय में दिनाांक 12.08.2024 को प्रेदित दकया गया है। प्रदतवािी सांख्या-6 द्वारा प्रेदित प्रगदत आख्या सलग्नकं -05 के रूप में सांलग्न है। प्रदतवािी सांख्या-6 अपने पत्र दिनाांक 12.08.2024 के द्वारा सूदित दकया गया है दक श्री रामरती पत्नी श्री िेवराज दसांह, जो श्री राम राज दसांह की माता जी है, के मध्य दिनाांक 23.11.2021 को खनन पिा क्षेत्र ग्राम-पूरे बैजनाथ, तहसील-बारा, जनपिप्रयागराज के भू-खण्ड सांख्या 180, क्षेत्रफल 5.0 एकड़ में मेससक पी०पी०जी०सी०एल० कम्पनी से जदनत पाण्ड ऐश तथा दमिी द्वारा समतलीकरण दकये जाने के पश्चात् वृक्षारोपण का कायक दकये जाने हेतु एग्रीमेन्ट दकया गया है। प्रदतवािी सांख्या-6 श्री राम राज दसांह द्वारा अपने पत्र दिनाांक 12.08.2024 एवां नोट्री सत्यादपत शपथ-पत्र दिनाांक 12.08.2024 के माध्यम से उक्त खाली टोन क्वैरी की दफदलांग एवां प्ाण्टेशन के सम्बन्ध में प्रेदित प्रगदत आख्या में दनम्नवत् उिेख दकया गया है :-

¶169

3.1-ग्राम-पूरे बैजनाथ, बारा, जनपि-प्रयागराज के भू-खण्ड सांख्या 180, क्षेत्रफल 5.0 एकड़ में से कुल 7500 वगकमीट्र क्षेत्रफल को िोड़कर समतलीकरण का कायक कर दलया गया है।

¶170

3.2-उक्त टोन क्वैरी में दकये गये समतलीकरण के पश्चात् लगभग 1500 पौिोां का रोपण कराया गया है।

¶171

3.3-उक्त टोन क्वैरी के दफदलांग में पाण्ड ऐश मेससक पी०पी०जी०सी०एल०, बारा, प्रयागराज से उठाकर दकया गया है तथा टोन क्वैरी के समीप में पड़े ओवर बर्ेन का प्रयोग दकया गया है।

¶172

3.4-टोन क्वैरी के अवशेि क्षेत्रफल लगभग 7500 वगकमीट्र को 02 माह के अन्दर दफदलांग का कायक मेससक पी०पी०जी०सी०एल०, बारा, जनपि-प्रयागराज से पाण्ड ऐश को उठाकर पूणक कर दलया जायेगा।

¶173

3.5-टोन क्वैरी के दफदलांग का कायक अपररहायक कारणोां से पूणक नहीां दकया जा सका। वतकमान में विाक होने के कारण टोन क्वैरी में लगभग 4.0 फीट् गहराई में पानी भरा हुआ है, दजसे पम्प के माध्यम से दनकालने के पश्चात् पुनैः पाण्ड ऐश एवां ओवर बर्ेन के द्वारा दफदलांग का कायक प्रारम्भ दकया जायेगा। वतकमान में दफदलांग का कायक विाक होने के कारण बन्द है। अवशेि टोन क्वैरी के दफदलांग का कायक दकये जाने में लगभग 02 माह लगने की सम्भावना है।

¶174

¶175

3.6-टोन क्वैरी के दफदलांग एररया में रोदपत दकये गये पौिोां का िेख-भाल एवां पौिोां की अदिक से अदिक जीदवतता हेतु दवशेि ध्यान दिया जायेगा, दजसे उक्त एररया में पयाकवरण सांतुलन हेतु हररयाली बनायी जा सके।

¶176

3.7-अवशेि टोन क्वैरी के समतलीकरण के पश्चात् अदतररक्त 1000 पौिोां का रोपण कर उनकी िेख-भाल की जायेगी।

¶177

श्री राम राज दसांह द्वारा अवशेि खाली टोन क्वैरी एररया की दफदलांग एवां समतलीकरण के पश्चात् 1000 पौिोां को रोदपत दकये जाने हेतु 02 माह का अदतररक्त समय मा० अदिकरण से दिलाने हेतु अनुरोि दकया गया है।

¶178

श्री राम राज दसांह प्रदतवािी सांख्या 6 द्वारा उपलब्ध कराये गये नोट्री सत्यादपत शपथ पत्र दिनाांक 12.08.2024 में उिेख दकया गया है दक मा० एन०जी०ट्ी० में योदजत ओ०ए० सांख्या 364/2022 के प्रदतवािी सांख्या-7 की सम्पूणक की दजम्मेिारी एवां उत्तरिादयत्व प्रदतवािी सांख्या6 (श्री राम राज दसांह) की है। प्रदतवािी सांख्या-6 श्री राम राज दसांह द्वारा प्रस्ु नोट्री सत्यादपत त शपथ-पत्र दिनाांक 12.08.2024 सलग्नकं -06 के रूप में सांलग्न है।

¶179

मेससक पी०पी०जी०सी०एल० कम्पनी, लोगहरा, तहसील-बारा, जनपि-प्रयागराज को क्षेत्रीय कायाकलय, उ०प्र० प्रिूिण दनयांत्रण बोर्क, प्रयागराज के पत्र सांख्या जी 00763/एन०जी०ट्ी० ओ०ए० नां0 364/2022/2024, दिनाांक 12.08.2024 द्वारा प्रश्नगत प्रकरण के प्रदतवािी सांख्या6 श्री राम राज दसांह, दनवासी ग्राम अकौररया, तहसील-बारा, जनपि-प्रयागराज द्वारा ग्राम-पूरे बैजनाथ, तहसील-बारा, जनपि-प्रयागराज के भूखण्ड सांख्या 180, क्षेत्रफल 5.0 एकड़ के खाली टोन क्वैरी के दफदलांग हेतु उठाये गये पाण्ड ऐश के सम्बन्ध में पूणक दववरण सदहत ररपोट्क प्रेदित करने हेतु दनिेदशत दकया गया। उक्त के क्रम में मेससक पी०पी०जी०सी०एल०, लोहगरा, बारा, प्रयागराज अपने पत्र सांख्या पी०पी०जी०सी०एल०/ इन्वायरन्मेन्ट/एफ०वाई० 24-25, दिनाांक13.08.2024 द्वारा सूदित दकया गया है दक श्री राम राज दसांह, दनवासी ग्राम अकौररया, तहसीलबारा, जनपि-प्रयागराज द्वारा ग्राम-पूरे बैजनाथ, तहसील-बारा, जनपि-प्रयागराज के भू-खण्ड सांख्या 180, क्षेत्रफल 5.0 एकड़ के टोन क्वैरी के दफदलांग हेतु कुल 9,52,168.9 मीदट्रक ट्न पाण्ड ऐश का उठान दकया गया है। मेससक पी०पी०जी०सी०एल०, प्रयागराज के पत्र दिनाांक 13.08.2024 की प्रदत सलग्नकं -07 के रूप में सांलग्न है।

¶180

अिोहस्ताक्षरीगण द्वारा दिनाांक 16.07.2024 को दकये गये स्थलीय दनरीक्षण के समय ग्राम-पूरे बैजनाथ, तहसील-बारा, जनपि-प्रयागराज के भू-खण्ड सांख्या 180, क्षेत्रफल 5.0 एकर् के खाली टोन क्वैरी के कुल 7,502 वगकमीट्र क्षेत्रफल में दफदलांग का कायक नहीां पाया गया। इस प्रकार लगभग 37 प्रदतशत भू-क्षेत्रफल में खाली टोन क्वैरी के दफदलांग का कायक दकया जाना अवशेि है। दनरीक्षण के समय अवशेि खाली टोन क्वैरी की गहराई लगभग 10.22 मीट्र पायी गयी, दजनमें से लगभग 1.22 मीट्र गहराई में पानी भरा हुआ पाया गया। प्रदतवािी सांख्या-6 श्री राम राज दसांह द्वारा उक्त भू-खण्ड के दजओ को-आदर्कनेट ् स 25.188068 Latitude एवां 81.726156 Longitude एररया में दफदलांग का कायक नहीां दकया गया था।

¶181

प्रदतवािी सांख्या-6 द्वारा भू-खण्ड सांख्या 180 में खाली टोन क्वैरी के दफदलांग का कायक मेससक

¶182

पी०पी०जी०सी०एल०, लोहगरा, बारा, प्रयागराज द्वारा उठाये गये पाण्ड ऐश एवां टोन क्वैरी के ओवर बर्ेन से दकया गया है। दनरीक्षण के समय टोन क्वैरी के दफदलांग एररया में लगभग 1500 पौिे रोदपत पाये गये। दनरीक्षण के समय दलये गये फोट्ोग्राफ्स सलग्नकं -08 के रूप में सांलग्न है।“

¶183

“The detailed report is as follows:-

¶184

¶185

1. Regional Office, UP Pollution Control Board, Prayagraj vide letter No. G 00662/NGT OA No. 364/2022/2024, dated 12.07.2024 and letter No. G 00755/NGT OA No. 364/2022/2024, dated 09.08.2024 to respondent no.6 Shri Ram Raj Singh and letter No. G 00661/NGT OA No. 364/2022/2024, dated 12.07.2024 and letter No. G 00756/NGT OA No. 364/2022/2024, dated 09.08.2024 to Smt. Ramrati Devi W/o Shri Devraj Singh, in compliance of the order passed by NGT on 08.05.2024, it was directed to submit the progress report regarding pond ash filling in the empty stone quarry. The letter sent to respondent number-6 is attached as Annexure-01 and the letter sent to respondent number-7 is attached as Annexure-02.

¶186

2. In continuation of the letters dated 12.07.2024 and dated 09.08.2024 of Regional Office, Prayagraj, Smt. Ramrati Devi, W/o Shri Devraj Singh, R/o village Akoriya, Tehsil-Bara, District-Prayagraj, vide letter dated 12.08.2024 informed that the mining lease approved earlier by the Office of the District Magistrate, Prayagraj for the period from 26.11.2014 to 25.11.2019 in Plot No. 180, area 5.0 acres, situated in Village-Pure Baijnath, Tehsil-Bara, District-Prayagraj, was renewed in her name. Smt. Ramrati Singh, respondent number-7, was directed to get the levelling done and tree planting work done in the mining lease area as per the conditions mentioned in the lease deed vide letter number 584/Mineral/2020-21, dated 12.02.2021 of the Mining Officer, Office of the District Magistrate, Prayagraj. The mining lease in question expired on 25.11.2019. Instructions have been given to bring fly ash and soil generated from M/s PPGCL Company, Bara, Prayagraj in the vacant mining lease area and do the leveling. Letter of Mines Officer, Prayagraj dated 12.02.2021 are attached as Annexure-03. Respondent No. 7 Smt. Ramrati Devi informed that an agreement has been entered into for levelling and plantation work by pond ash generated by M/s PPGCL Company, Bara, Prayagraj at Plot No. 180, area-5.0 acre, Village-Poore Baijnath, Bara, Prayagraj, which is enclosed as Annexure-04(A). As per the facts given in the agreement made between Respondent no. 7 and 6, the work of filling up the vacant mining site, levelling and plantation of trees is to be done by Shri Ram Raj Singh S/o Shri Devraj Singh, R/o village Akauriya, Tehsil-Bara, District-Prayagraj. Respondent No. 7 Smt. Ramrati Devi W/o Shri Devraj Singh has informed vide letter dated 12.08.2024 Annexure-4 (B) that after filling of pond ash and soil in land plot No. 180, area 5.0 acres, in village-Pure Baijnath, Tehsil-Bara, District-Prayaragaj, the entire responsibility of plantation work belongs to her son, respondent No. 6 Shri Ram Raj Singh S/o Shri Devraj Singh, R/o village-Akauriya, Tehsil-Bara, District-Prayaragraj.

¶187

3. Respondent No.6 Shri Ram Raj Singh S/o Shri Devraj Singh, R/o VillageAkauriya, Tehsil-Bara, District-Prayagraj, in continuation of the letters dated 12.07.2024 and dated 09.08.2024 of this office, has sent the progress report regarding filling of empty stone quarry to this office on 12.08.2024. The progress report sent by respondent number-6 is attached as Annexure-05. Respondent number-6 has informed through vide letter dated 12.08.2024 that an agreement has been made on 23.11.2021 between Shri Ramrati W/o Shri Devraj Singh, who is the mother of Shri Ram Raj Singh, for plantation work after levelling the land plot number 180, area 5.0 acres in mining lease area village-Pure

¶188

¶189

Baijnath, Tehsil-Bara, District-Prayagraj with pond ash and soil generated by M/s PPGCL Company. Respondent No. 6 Shri Ram Raj Singh has mentioned the following in the progress report sent regarding the filling and plantation of the said vacant stone quarry through his letter dated 12.08.2024 and notarized affidavit dated 12.08.2024:-

¶190

3.1-The leveling work has been done except for a total area of 7500 square meters out of the land plot No. 180, area 5.0 acres, of villagePure Baijnath, Bara, District-Prayagraj.

¶191

3.2-After the leveling done in the said stone quarry, about 1500 plants have been planted.

¶192

3.3-In the filling of the said stone quarry, pond ash has been lifted from M/s PPGCL, Bara, Prayagraj and the overburden lying near the stone quarry has been used.

¶193

3.4-The work of filling the remaining area of approximately 7500 sq.m. of the stone quarry will be completed within 02 months by lifting pond ash from M/s PPGCL, Bara, District-Prayagraj.

¶194

3.5-The filling work of stone quarry could not be completed due to unavoidable reasons. At present, due to rain, the stone quarry is filled with water up to a depth of about 4.0 feet, which will be removed through a pump and then the filling work will be started again with pond ash and overburden. At present, the filling work is closed due to rain. It is likely to take about 02 months to complete the filling work of the remaining stone quarry.

¶195

3.6-Special attention will be paid to the care and survival of the plants planted in the filling area of the stone quarry so that greenery can be maintained in the said area for environmental balance. 3.7-After levelling the remaining stone quarry, additional 1000 plants will be planted and looked after.

¶196

Shri Ram Raj Singh has requested the Hon'ble Tribunal to grant him two months' additional time for planting 1000 saplings after filling and levelling the remaining vacant stone quarry area.

¶197

In the notarized affidavit dated 12.08.2024 provided by Shri Ram Raj Singh, respondent number 6, it is mentioned that the entire responsibility and accountability of respondent number-7 of OA number 364/2022 filed in Hon'ble NGT belongs to respondent number-6 (Shri Ram Raj Singh). Notarized affidavit dated 12.08.2024 submitted by respondent number-6 Shri Ram Raj Singh is attached as Annexure-06.

¶198

4. M/s PPGCL Company, Loghara, Tehsil-Bara, District-Prayagraj was directed by the Regional Office, UP Pollution Control Board, Prayagraj, vide letter No. G 00763/NGT OA No. 364/2022/2024, dated 12.08.2024, to send a report with full details regarding the pond ash lifted for filling of empty stone quarry of plot number 180, area 5.0 acres of village-Pure Baijnath, Tehsil-Bara, District-Prayagraj by respondent number-6 of the said case, Shri Ram Raj Singh, resident of village Akoriya, Tehsil-Bara, District-Prayagraj. In continuation of the above, M/s PPGCL, Lohgara, Bara, Prayagraj has informed vide letter No. PPGCL/Environment/FY 24-25, dated- 13.08.2024 that Shri Ram Raj Singh, R/o village Akoriya, Tehsil-Bara, District-Prayagraj has lifted a

¶199

¶200

total of 9,52,168.9 metric tonnes of pond ash for filling of stone quarry of plot No. 180, area 5.0 acres of village-Pure Baijnath, Tehsil-Bara, DistrictPrayagraj. Copy of letter dated 13.08.2024 of M/s PPGCL, Prayagraj is enclosed as Annexure-07.

¶201

5. During the site inspection conducted by the undersigned on 16.07.2024, filling work was not found in a total area of 7,502 square meters of empty stone quarry of land plot number 180, area 5.0 acres, village-Pure Baijnath, Tehsil-Bara, District-Prayagraj. Thus, the work of filling the empty stone quarry remains to be done in about 37 percent of the land area. At the time of inspection, the depth of the remaining empty stone quarry was found to be about 10.22 meters, out of which about 1.22 meters depth was found filled with water. The filling work was not done by respondent no. 6 Shri Ram Raj Singh in the geo coordinates 25.188068 Latitude and 81.726156 Longitude area of the said land plot.

¶202

The work of filling the empty stone quarry in plot number 180 has been done by respondent number-6 using pond ash and overburden of stone quarry lifted by M/s PPGCL, Lohgara, Bara, Prayagraj. At the time of inspection, about 1500 plants were found planted in the filling area of the stone quarry. Photographs taken at the time of inspection are attached as Annexure-08.”

¶203

On 20.08.2024, Tribunal noted that though work was substantially completed as stated by respondents 6 and 7 but some work is still to be done, hence, as requested two months’ time was allowed to complete the work.

¶204

Again by order dated 06.11.2024, when it was found that some work was still to be completed, the same was allowed to be completed subject to payment of cost of Rs. 25,000/-.

¶205

Today, it is stated that cost has been deposited by respondent 6.

¶206

An affidavit dated 13.11.2024 filed vide email dated 18.11.2024 by respondent 6 is also on record which shows that entire work has been completed and even tree plantation has been carried out at the site. The relevant extract of the affidavit reads as under:-

¶207

¶208

i . That I am Respondent No. 6 in the aforesaid matter. That I have been authorized by Respondent No.7 to carry out the work of mine void filling. That I am well versed with the proceedings and competent to authorize the present Affidavit.

¶209

¶210

ii . I state that vide order dated 08.05.2024 this Hon'ble Tribunal had granted time till 31.07.2024 to complete the work of de-watering the mine, filling the mine void with fly ash to be supplied by Prayagraj Power Generation Company Ltd. (PPGCL), and to complete plantation as per recommendations of the Joint Committee.

¶211

iii . In lieu of ensuing elections and early monsoon, the mine closure work could not be completed and the this Hon'ble Tribunal was pleased to grant two (2) months' time for complete work of mine closure vide order dated 20.08.2024.

¶212

iv. I state that pursuant to the aforesaid undertaking, all steps were taken to complete the remaining work and the said work of mine void filling was completed in the last week of October 2024.

¶213

v. I state the I Affidavit of Compliance dated 05.11.2024 was attempted to be filed, however, the same could not be brought on record at the time hearing on 06.11.2024. As such, this Hon'ble Tribunal vide order dated 06.11.2024 had directed to file an affidavit with details of the work of mine closure and completion of tree plantation.

¶214

vi. I state that pursuant to dewatering the mine, the work of filling mine void completed. Thereafter tree plantation was carried out on the land and approximately 2359 trees have been planted on the land upon closure of the mine. The following are the species of trees that have been planted:

¶215

*S.No.*	*Name of Plant/tree*	*Name of* *Plant/tree*
_1. _	Nerium Oleander (Kaner)	200
_2. _	Banyan (Bargad)	95
_3. _	Alstonia Scholaris (Chitwan)	_407 _
_4. _	Azadirachta Indica (Neem)	115
_5. _	Swietenia Macrophylla (Mahogany)	115
_6. _	Terminalia Arjuna (Arjun)	220
_7. _	Ficus Virens (White Fig/Pakar)	145
_8. _	Teak (Sagwan)	540
_9. _	Pongamia Pinnata (Karanj)	_161 _
10.	Black Plum (Jamun)	13
11.	Butter tree (Mahua)	3
12.	Burflower tree (Kadam)	100
13.	Ficus Religiosa (Peepal)	75
14.	Butea Monosperma (Palas)	50
15.	Acacia Nilotica (Babul)	100
16.	Indian Snake Tree (Garud)	20
	*TOTAL*	2359

¶216

A true copy of the Receipt pertaining to purchase of sapling to complete tree plantation is attached herein as ANNEXURE A.

¶217

True copy of photographs of the area upon completion of tree plantation is attached herein as ANNEXURE B.

¶218

¶219

vii. I state that vide order dated 06.11.2024, this Hon'ble Tribunal had directed payment of cost of Rs. 25,000/- (to be deposited with the Registry). In compliance thereof, Demand Draft No. 336353 drawn in favour of Registry, National Green Tribunal dated 12-11-2024 has been deposited. A true copy of the Demand Draft No. 336353 is attached herein as ANNEXURE C.”

¶220

Counsel for respondents 6 and 7 has also stated at the Bar that entire work of filling of mine void has been completed and even requisite plantation has been carried out.

¶221

The question now is regarding maintenance and taking care of plantation of plants for some reasonable period for their survival.

¶222

Since, entire work has been carried out in discharge of fly ash generated at the premises of respondent 5 and part of the said project, therefore, in our view the responsibility of taking care of trees planted by respondents 6 and 7 shall be that of respondent 5.

¶223

We accordingly direct respondent 5 to take all requisite care to maintain and ensure survival of plants installed by respondents 6 and 7, as per details given in affidavit dated 13.11.2024, and if, any plant in future may not survive for any reason, whatsoever, requisite plantation shall be carried out by respondent 5 and it shall continue to take care for survival of plants/trees for the next five years. For meeting requisite expenses, respondent 5 may take due help from CSR funds and if necessary, by providing its own funds.

¶224

UPPCB and Divisional Forest Officer, Prayagraj shall ensure monitoring of above trees and due compliance of this order by respondent 5 regarding monitoring and maintenance of plants in the next five years. If necessary, they may issue appropriate directions to respondent 5 for carrying out its obligations as per directions given above.

¶225

¶226

With the above directions, this application is disposed of.

¶227

Sudhir Agarwal, JM Dr. Afroz Ahmad, EM November 19, 2024 MA No. 100/2023 In Original Application No. 364/2022 SN

¶228

Misc Application in disposed of cases No. 100/2023 in Original Application No. 364/2022 of Ram Kailash Singh vs

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Misc Application in disposed of cases No. 100/2023 in Original Application No. 364/2022 of Ram Kailash Singh vs

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