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Judgment
This Appeal was filed against the Environmental Clearance granted to the Respondent No. 1 on 26th May, 2016 for Lodhva Mining at Village Lodhva, District Gir Somnath, Gujarat. It has been submitted that the area falls within 10 Km of the Forest and also within CRZ area and, therefore, EC granted was based on wrong facts. It has been prayed as follows:-
(i) The Hon'ble Tribunal may be pleased to direct the Respondents to set aside the Environment Clearance (EC) dated 26/05/2016 granted to Respondent No. 1 for Limestone Mining.
(ii) The Hon'ble Tribunal may be pleased to direct Respondent No. 2 to suitably review and set aside all the NOC granted to Respondent No. 1.
(iii) The Hon'ble Tribunal may be pleased to grant ad-interim relief in terms of prayed clause (I) to (III) and interim prayer.
(iv) The Hon'ble Tribunal may be passed any other appropriate orders considering the facts grounds and circumstances of the case in the larger human interest and social justice.
(v) The Hon'ble Tribunal may kindly grant permission from time to time to submit some documents as evidence to add and amend the Application in the interest of justice.
(vi) Directions may be issued against the Respondent No. 1 to give cost of Rs. 5,00,000/- of this Appeal to the Appellants.
As recorded in our order dated 20th September, 2017, the appellant has expressed concern in respect of the following facts:-
(a) The public hearing was faulty and inappropriate in as much as the cognizance of the grievances made in the public hearing was not taken;
(b) the area where the mine is situated is within 10 Km of eco-sensitive zone from Gir National Park and Gir Sanctuary;
(c) that the area where the mine is situated is at a distance of 8 meters from CRZ-III and CZMP map have not been prepared yet;
(d) the mine is situated in forest area and
(e) that the condition permitting blasting has been incorporated in the EC By oversight.
It has been submitted that the Chief Wildlife Warden of State of Gujarat had informed the Ministry of Environment Forest, Govt. of India, vide letter dated 16th October, 2016, which is placed on record, that:-
(a) The Proposed mining lease area is 22 Km away from the boundary of Gir Sanctuary and 24 Km away from the boundary of Gir National Park.
(b) The Proposed Mining Lease area is not forest land and nearest forest area is 512 Mts. away from the mining lease area.
(c) The proposed mining lease area neither falls within 10 Km range of Eco-sensitive Zone nor within proposed Eco-sensitive Zone.
It has further been submitted that the National Centre for Earth Science Studies, of the Ministry of Earth Science, Govt. of India vide their letter dated 10th December, 2015 had stated that the entire project site proposed for Limestone mining at Lodhva Village falls beyond CRZ area.
This proposal was placed before the first meeting of the re-constituted Committee of the Expert Appraisal Committee (EAC) of the Ministry of Environment & Climate Change for environmental appraisal of mining projects constituted under EIA notification, 2006. After detailed deliberations on 21st and 22nd December, 2015 the EAC sought following information/clarifications for further consideration.
(i) The detailed action plan on public hearing issues along with the budgetary provisions.
(ii) A detailed report and action plan on occupational health and public health of the adjoining habitation of the area.
(iii) The grazing land is part of mine lease area and will practically be unavailable to the cattle once mining will commence. Considering the issues raised by the public the alternative grazing land should be provided to the villagers for feeding the cattle.
(iv) A report on the salinity control in the area along with detailed action plan.
Information/clarifications received from the Project Proponent was considered by the EAC in its 4th meeting held on 21st and 22nd March, 2016. The EAC noted the following:-
Regarding the Public Hearing issues the Project Proponent (PP) provided a detailed Action Plan including Safe Drinking water facility, Water Resource Development and Salinity Ingress
prevention, Medical facility, Sanitation Programme, plantation Programmes, Education Facility and Village Infrastructure, Employment Generation, Veterinary & agriculture Support Service, Mining Technology, Conservation & Management of Wildlife species, Land matters etc. A Budgetary allocation of Rs. 286.88 Lacs for the next 5 years was provided. Committee also noted that the company has already spent Rs. 243.61 Lacs so far in all these activities.
A detailed report and Action Plan on Occupational Health and Public Health of adjacent habitation of the area was also presented by the PP which comprises of preventive and promotive health intervention, hospital care and sustainable health action and access to quality health care. In case of Occupational Health, preventive measures for the possible health related diseases/ disorders and the Occupational Health services as well as frequency of medical check-ups were also covered. A Total budget provision of Rs. 25 lacs for public Health and Rs. 62.5 lacs for Occupational Health has been provided for the next 5 years.
With regard to Grazing Land in the mining lease area, the PP have explained in detail that the Gauchar land will remain accessible and available for the cattle feeding even during mining , as there is no mining envisaged on the Gauchar land. No existing roads connecting to Gauchar land will be disturbed. It is also committed that mining will be carried out by blast free eco-friendly Surface Mining technology with in-built water spraying system for suppression of dust at source. A safety barrier of 7.5 mt. shall also be left all along the boundary of Gauchar land. Additional safety measures such as masonry wall around the mine boundary, noise and dust control measures as well as plantation along the haul roads were also committed.
A detailed report and Action Plan for the Salinity Control in the area was presented. It was specifically noted that Ambuja Cement has taken major initiatives to harvest and save water in the last almost 25 years including Check dams for harvesting rain water, percolation-cum-Recharge wells, Link canals, pond Deepening, Rooftop Rainwater Harvesting Structures and Water Resource Development & Monitoring in Mines area which has resulted in augmentation of Ground water, Rise in water levels and prevention of salinity ingress. Total water harvesting capacity created in the region is claimed to be 46.18 MCM with recharge potential of 13 MCM through these activities. The Above measures have resulted into reduction in salinity by 1000 to 2000 PPM at several places. Saline-Freshwater interface line has moved towards sea by more than 3 km during the period 2001 and 2014. Lodhva area falling in Sutrapada block now comes under the 'Safe' category from Semi-Critical earlier as per Dynamic Water Resource of India, Govt. of India, 2012. Few more salinity control measures in the study area are also proposed namely check dams, village pond deepening, percolation wells & well recharges, Roof top rain water harvesting and link canal which would incur the total expenditure of Rs. 347.0 Lacs.
Thereafter the Committee recommended the proposal for environmental clearance.
Respondent No. 4 Gujarat Pollution Control Board in their reply filed on 15th October, 2016 gave the details of the public hearing which was conducted on 06.06.2015 by the District Collector, Gir Somnath. The statement in Annexure A which was attached to the reply gives details of the participants which were present during the public hearing and Annexure- B gives various points which were raised by the participant either in writing or orally during the public hearing.
It has been stated by the State that the condition permitting blasting during the process of mining had been incorporated in the environmental clearance by oversight. It has further been submitted that no blasting is required to be undertaken during the process of mining.
In the aforesaid facts and circumstances and the reasons given by the authorities, we are satisfied that all the concerns raised by the appellant have been fully addressed and there is no ground to entertain the present appeal. Accordingly this appeal is dismissed. There shall be no order as to cost.