Dismissed

Jadavpur Silicosis Akranto Sangrami Shramik Samity v. State of West Bengal

NGT4 Mar 2025Original Application No. 34/2025

Case brief

AI extract

What is this about?

Applicants sought suspension of mining and quashing of EC obtained by WBPDCL alleging misrepresentation. The Tribunal held that EC cannot be challenged via Original Application under Section 16 provides appellate jurisdiction only, and dismissed the application as not maintainable.

What did the court decide?

Application dismissed as not maintainable since remedy lies in appeal under Section 16 N.G.T. Act.

Jadavpur Silicosis Akranto Sangrami Shramik Samity vs… — Environment and Pollution | NGT (2025)

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Item No.02

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.34/2025/EZ

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IN THE MATTER OF

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1. Jadavpur Silicosis Akranto Sangrami Shramik Samity, Through the Secretary, Sahidul Islam Paik,

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At 1/3, Chittaranjan Colony,

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Kolkata - 700032

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2. Sushil Murmu,

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Son of Bodi Murmu, At Kendrapara, Bharkata, Md Bazar, Ganpur, District-Birbhum, West Bengal, Pin-731216

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……….Applicant(s)

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Versus

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1. State of West Bengal, Through the Chief Secretary, Government of West Bengal, Nabanna, 325, Sarat Chatterjee Road, Shibpur, Howrah - 711102

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2. Department of Power, Government of West Bengal, Through the Principal Secretary, Bidyut Unnayan Bhavan, 5^th Floor, Plot 3/C, Block LA, Sector-III, Salt Lake, Kolkata-700098

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3. Department of Industry, Commerce and Enterprises,

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Govt. of West Bengal, Through the Principal Secretary, Shilpa Sadan, 6^th Floor, 4 Abanindranath Tagore Sarani (Camac Street), Kolkata-700 016

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4. Environment Department,

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Government of West Bengal, Through the Additional Chief Secretary, PraniSampad Bhavan, 5^th Floor, LB-2, Sector-III, Salt Lake, Bidhannagar, Kolkata-700098

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5. Directorate of Mines and Minerals,

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Department of Industry, Commerce and Enterprises,

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State of West Bengal,

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4, Abanindranath Tagore Sarani, 2^nd Floor, Kolkata-700 016

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6. Chief Mining Officer,

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Mining Estate Branch, Court Road, P.O.-Asansol, Dist-Paschim Bardhaman, Pin-713 304

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7. State Level Environment Impact Assessment Authority (SEIAA),

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West Bengal, Environment Department, Through the Chairman, PraniSampad Bhavan, 5^th Floor, LB Block, Sector-III, Salt Lake, Bidhannagar, Kolkata-700106

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8. West Bengal Power Development Corporation Limited,

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Through the Director (F&A) Company Secretary, C, Bidyut Unnayan Bhaban, Plot 3, LA Block, Sector 3, Bidhannagar, Salt Lake, Kolkata, West Bengal Pin-700106

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9. District Magistrate, Birbhum,

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Administrative Building,

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Suri Main Rd, Suri, West Bengal, Pin Code-731101

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10. Union of India, Through the Secretary, Ministry of Environment, Forest and Climate Change, Government of India, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi-110003

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………..Respondent(s)

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Date of hearing: 04.03.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Samim Ahammed, Sr. Adv. (in Virtual Mode) a/w Mr. Danish Uddin Abbasi, Adv.

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ORDER

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Heard Mr. Samim Ahammed, learned Senior Counsel appearing (in Virtual Mode) assisted by Mr. Danish Uddin Abbasi, learned Counsel for the Applicants.

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The present Original Application has been filed by the Applicants seeking suspension of all mining operations, including both the purported basalt mining and the subsequent coal mining activities at the Deucha Panchami coal block, until a full, independent, and comprehensive Environmental Impact Assessment (EIA) is duly conducted in accordance with the provisions of the Environmental Impact Assessment Notification.

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It is stated that a Notice Inviting Application (NIA) was issued on December 31, 2012, for auction of coal block; the Government of West Bengal applied for this allocation through the West Bengal Power Development Corporation Limited (WBPDCL) and after evaluating the applications, the Central Government allocated the estimated geological coal reserves of 2,102 million tonnes of the DPDH coal block to six State Government Companies and Corporations, including WBPDCL, Karnataka Power Corporation Limited, and others.

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It is stated that on 16.09.2019 the Central Government entered into an Allotment Agreement with WBPDCL regarding the DPDH coal block, covering an area of 12.28 sq. km with estimated reserves of 2,102 million tonnes for power generation; on January 8, 2021, the respondent State authorities issued Expression of Interest (EOI) Notice inviting EOI for engaging a consultant to establish and operate a Social Development Unit for implementing the Rehabilitation and Resettlement (R&R) policy for Project Affected People due to the operation of the Deocha-Pachami coal block; it is stated that the Department of Power’s Order dated November 16, 2021, identified approximately 3,400 acres of land

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required for coal excavation, overburden dumping, mine infrastructure development, and the R&R of local residents.

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This order noted that the area contains 12 villages with approximately 4,314 households, amounting to a total population of 21,038, including 3,601 individuals from Scheduled Castes and 9,034 from Scheduled Tribes.

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It is stated that this package was subsequently approved by the State Cabinet on November 12, 2021; it is stated that since the project in question is a Greenfield coal mine project, prior Environmental Impact Assessments is mandatory; it is stated that there was a news report on February 6, 2025 stating that coal coal mining process would start from the next day at Deucha Panchami.

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It is also stated that upon a close scrutiny of the portal of the Ministry of Environment and Forests the applicants came across an Environmental Clearance dated October 4, 2024 granted in favour of WBPDCL for prospecting and mining basalt and it becomes apparent that the respondent WBPDCL is attempting to segregate the actual project into small segments so that it is no longer categorized as a Category A project in order to avoid public consultation and/or otherwise frustrate the objective of Environmental Impact Assessment.

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It is alleged that no Environmental Clearance has been sought for the purpose of Coal Block.

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It is further stated that WBPDCL has procured Letter of Intent dated January 28, 2024 for mining of Black Stone over an area of 4.856 ha. from the respondent statutory authorities. Thereafter, Mining Plan was approved by a letter dated February 20, 2024 issued by the Chief Mining Officer, Paschim Bardhaman. It is

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alleged that the approved plan, prepared by one United Exploration India Private Limited reveals that it was authorised to be prepared on February 22, 2024. It is alleged that certificate appended to the said plan has signature without any date suggesting that entire process was nothing but an eye wash and paper compliance and the approval of the plan.

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It is further stated that an application seeking Environmental Clearance was made on 09.04.2024 in respect of only 4.856 Ha in Md. Bazar block, JL No. 002. It is stated that the even at the time of submission of the said request, the WBPDCL had suppressed that on February 15, 2024 it had already floated tender for selection of Mine Development Operators for operation of a purported basalt mine which could extend upto 43.96 Acres and ultimately upto 326 Acres i.e. almost 131 ha. in as much as the actual aim which has always been coal mining after removal of the top layer of basalt stone.

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It is further alleged that it appears from the bid records that “Trancemarine and Confreight Logistics Private Limited” in whose favour the letter of award (LOA) was ultimately issued on March 16, 2024 did not even mention the percentage of revenue share that they are offering in the said NIT.

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It is also alleged that WBPDCL also secured a Letter of Intent (LoI) on April 23, 2024 to operate an adjacent mine covering 12.926 hectares and submitted a non-cluster certificate dated April 2, 2024 before the State Level Environment Impact Assessment Authority (SEIAA) and this Letter of Intent (LoI) dated April 23, 2024 and non-cluster certificate dated April 2, 2024 makes

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collusive conduct to commit fraud on environment protection laws apparent.

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It is further alleged that without any Environmental Impact Assessment (EIA), the WBPDCL authorities have also floated tender for selection of Mine Operator and Developer for the proposed coal mine by a notice dated December 20, 2024 and the last date for submission of bid has been extended until March 3, 2025.

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The allegation of the Applicants is that the project has been deliberately misclassified as a Category B2 project to avoid the rigorous environmental scrutiny that should be required for a Category B1 project.

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The reliefs claimed in the Original Application reads as under:-

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a. An order directing the immediate suspension of all mining activities at the Deucha Panchami coal block until a comprehensive Environmental Impact Assessment (EIA) is conducted in compliance with the EIA Notification, 2006, and all other applicable environmental laws.

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b. An order declaring that the Environmental Clearance (EC) dated October 4, 2024, obtained by the West Bengal Power Development Corporation Limited (WBPDCL) for basalt mining is illegal, having been produced through misrepresentation and suppression of material facts, and consequently quashing the same.

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We find that the Applicant is alleging that no comprehensive Environmental Impact Assessment (EIA) study has been conducted as per requirements of the EIA Notification, 2006.

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The Applicant is also seeking a declaration that the Environmental Clearance dated 04.10.2024 obtained by the Respondent No.8,

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West Bengal Power Development Corporation Limited (WBPDCL) is illegal.

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We may note that the Applicant is aggrieved by the grant of Environmental Clearance (EC) due to alleged non-conducting of comprehensive Environmental Impact Assessment (EIA), the remedy before the Tribunal is under Section 16 of the National Green Tribunal Act, 2010 by way of Appeal. Section 16 of the National Green Tribunal Act, 2010 reads as under:-

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“16. Tribunal to have appellate jurisdiction .- Any person

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aggrieved by:-

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…………………….x……………….x………………x………….x…………..

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(h) an order made, on or after the commencement of the National Green Tribunal Act, 2010, granting environmental clearance in the area in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the Environmental (Protection) Act, 1986 (29 of 1986);

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(i) an order made, on or after the commencement of the National Green Tribunal Act, 2010, refusing to grant environmental clearance for carrying out any activity or operation or process under the Environment (Protection) Act, 1986 (29 of 1986);

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(j) ………………..x…………….x…………………..x…………..x………

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may within a period of thirty days from the date on which the order or decision or direction or determination is communicated to him, prefer an appeal to the Tribunal.

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Environmental Clearance (EC) cannot be challenged in Original Application.

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This Original Application is therefore dismissed as not maintainable.

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I.As., if any, stand disposed of accordingly. 12. There shall be no order as to costs.

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..................................... B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM March 04, 2025, Original Application No.34/2025/EZ OM

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Jadavpur Silicosis Akranto Sangrami Shramik Samity v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Jadavpur Silicosis Akranto Sangrami Shramik Samity v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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