Tribunals and CommissionsFull Bench(2023) 07 NGT CK 0009

Rana Singh Chouhan vs State of Jharkhand & Ors

National Green Tribunal · Decided on 12 July 2023

HON’BLE JUDGES
Sheo Kumar Singh, CP · Arun Kumar Tyagi, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No.205 Of 2022 (I.A. No. 601 Of 2023)

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Judgment

193 paragraphs · 4,643 words
1.

The grievances in the present letter petition sent by Mr. Rana Singh Chouhan and other residents of village Padwa P.O- Rajhara Distt.- Palamu, Jharkhand are that Kathotia Coal Mines Hindalco Ltd., is illegally transporting coal through Ambey Mining Pvt., Ltd. from NH- 75 to Rajhara Coal Mines site by use of 100s of HYWA vehicles through narrow 10 feet wide road in thickly populated area day and night causing severe air and noise pollution. The dust generated is creating breathing problems for the inhabitants of the locality and is also damaging the green trees. Big trees have been illegally cut. Excessive coal mining has also led to huge mountains/heaps of coal dumps and water level has also depleted in the surrounding area resulting in shortage of drinking water causing hardships to the inhabitants and animals.

2.

The matter was taken by this Tribunal on 22.04.2022 and a joint Committee comprising representative of CPCB, State PCB, Director, Department of Mines and Geology, Government of Jharkhand and District Magistrate, Palamu was constituted with a direction to submit a factual and action taken report.

3.

In compliance thereof, the Committee has submitted a report which is as follows:-

“1. The Joint Committee has conducted the inspection of M/s Kathotia Coal Mines Hindalco Ltd, located at Tehsil Daltanganj, Dist.-Palamu on 24.06.2022 as per the direction issued by the Hon'ble NGT in O.A. No. 205/2022 vide its order dated 22.04.2022. The copy of Committee's Report which is submitted by the Regional Officer, JSPCB Regional Office, Ranchi vide letter No. 454 dated 14.07.2022. On the basis of the inspection, the Committee made the following recommendations:

i. Proper water sprinkling and lighting arrangement should be maintained along the transportation road.

ii. Wherever possible develop proper plantation and green belt.

iii. Overloading as well as spillage from the loaded vehicle must not be allowed as per Rules.

iv. The unit should provide Continuous Online PM10 Analyzer near Rajhara Thana between the Narrow transportation areas (Colliery More to Rajhara Railway Siding) and connect it to JSPCB and CPCB server and ensure its continuous operation with an objective to ensure that the ambient air quality in the area must meet the standard ambient air quality.

v. Monitoring of quarterly Ground Water Level from third party and Piezometer detail of every month shall be submitted to the Concerned Department.

The copy of the Committee's Report submitted by the Regional Officer, JSPCB Regional Office, Ranchi vide letter no. 454 dated 14.07.2022 is enclosed herewith as Annexure 1

2.

Based on the recommendation made by the Joint Committee, the Board has issued a Show Cause Notice to the Unit vide Board's letter no. B-1727 dated 26.08.2022 for implementation of the recommendations of the said Joint Committee.

The copy of the Board's Ref. No. B-1727 dated 26.08.2022 is attached as Annexure - 2.

3.

The Unit has submitted its reply to the Board vide letter dated 30.08.2022. Based on the reply submitted by the Unit, the Regional Officer, JSPCB Regional Office, Ranchi was requested vide Board's letter no. B-1787 Ranchi, dated 02.09.2022 to inspect the above said Unit with respect to the reply submitted.

The copy of the Board's Ref. No. B-1787 dated 02.09.2022 is attached as Annexure – 3

4.

The Regional Officer, JSPCB Regional Office, Ranchi vide letter ref. no. 733 dated 20.09.2022 has submitted the inspection report to the Board. The details of which is as follows: -

S.N.

Observations

Current Status

Remark

1.

Proper  Water Sprinkling  lighting arrangement   should be  maintained  along the  transportation road

Manual  Water  sprinkling  is being    done    through    that mobile water sprinklers lighting

No   lightning   arrangements have  been  made  along  the road.

The unit has submitted that    improvement    of lightning and their installation shall be completed   within   30th September, which(timeline)  may  be further decided from HQ Level

2.

Overloading  as  well as spillage   from   the loaded  vehicles  must not be allowed as per Rules  and  developed tree  plantation wherever possible.

During inspection the mining operation was found closed, therefore same could not be verified.

No  new  plants  are  planted along   or   nearby   approach road.

3.

The unit should provided   Continuous Online  PM10 Analyzer  near Rajhara  Thana between  the  Narrow transportation   areas (Colliery More to Rajhara   Railway siding) and connect it to  JSPCB  and  CPCB server and ensure its continuous  operation with  an  objective  to ensure  that  ambient air quality in the area must  meet  the standard ambient air quality.

No Continuous Online PM10 Analyzer near Rajhara Thana between Narrow transportation area has been installed.

The unit has submitted that Online PM10 Analyzer  will  be installed  Rajhara Thana between the Narrow    transportation areas  (Colliery  More  to Rajhara Railway siding) within  60  Days,  which (timeline) may be further decided from H.O Level.

The copy of the Board's letter no. B-733 dated 20.09.2022 is enclosed herewith as Annexure - 4.

5.

In light of the above, the Competent Authority, JSPCB by exercising the powers conferred under section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 and under section 3I(A) of the Air (Prevention and Control of Pollution) Act, 1981) has issued directions to the Unit vide Board's Ref. No. B - 2142 dated 08/10/2022. The details of which are as follows: -

(i) To maintain proper lightning along the transportation route especially during transportation of coal.

(ii) To ensure periodic water sprinkling so that emission during transportation should be minimized.

(iii) To avoid over loading of transportation vehicles and to ensure covered transportation.

(iv) To install PM10 Analyzer near Rajhara Thana between the narrow transportation route (from Colliery more to Rajhara Railway siding) and connect it to JSPCB and CPCB server by 31.10.2022.

(v) To ensure quarterly monitoring of ground water level from third party and submit report to concerned departments.

(vi) To ensure monthly monitoring of Pizeometer and submit report to concerned departments.

(vii) To develop proper plantation and green belt wherever possible and submit the report to the Board by 31.10.2022 along with number of plants.”

4.

The State Pollution Control Board under provision of Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 31A of Air (Prevention and Control of Pollution) Act, 1981 has issued directions and submitted action taken report as follows:-

“i. To maintain proper lightning along the transportation route especially during transportation of coal.

ii. To ensure periodic water sprinkling so that emission during transportation should be minimized.

iii. To avoid over loading of transportation vehicles and to ensure covered transportation.

iv. To install PM10 Analyzer near Rajhara Thana between the narrow transportation route (from Colliery more to Rajhara Railway siding) and connect it to JSPCB and CPCB server by 31.10.2022.

v. To ensure quarterly monitoring of ground water level from third party and submit report to concerned departments.

vi. To ensure monthly monitoring of Pizeometer and submit report to concerned departments.

vii. To develop proper plantation and green belt wherever possible and submit the report to the Board by 31.10.2022 along with number of plants.

2.

In light of the above directions issued to the Unit, the Unit has submitted the compliance report of the above directions issued vide its Ref. No. HIL/KOCCM/22-23/JSPCB/03 dated 31/10/2022. The details of which is as follows: -

Sl.

No.

Directives via letter no. B- 2142

Compliance   status and   Action Taken Report

1.

To maintain proper lighting along the transportation route especially during transportation of coal.

HIL has already installed 15 LED floodlights    of 200W    capacity    to    ensure    proper    lighting especially during transportation of coal. This may be verified at the site. (Photos attached - Annexure 1).

2.

To  ensure  periodic water sprinkling  so  that  emission  during transportation should be minimized.

HIL  has  employed  two  movable  water  tankers which ply to and fro all along the transportation route   to   sprinkle   water   to   minimize   fugitive emissions  during  transportation  and  the  same can be verified on site.

3.

To  avoid  over  loading  of transportation vehicles and to ensure covered transportation.

No overloading   is    allowed at the weigh bridge and the same can be verified from the    JIMMS    portal.    HIL    has    already    been transporting   its   coal   via   vehicles   covered   by tarpaulin.

4.

To install PM10   Analyser  near Rajhara  Thana  between  the  narrow transportation   route   (from   Colliery more to Rajhara Railway Siding) and connect it to JSPCB and CPCB server by 31.10.2022.

The PM 10 Analyserhas   been   installed   at   the Pandwa  Thana,  which  is  located  between  the Colliery More and Rajhara Railway Siding. (Make-Focuse Photonic Inc. USA, Model-BPM-200 Serial   no- 107P214006A)   (Photo   attached, Annexure 2).

5.

To ensure  quarterly    monitoring    of Ground Water Level from third party and submit report to the concerned departments.

HIL  has  already  employed  M/s  Environmental Laboratories 86 EngineeringServices    Pvt    Ltd., Ranchi, to monitor ground water level and report the same to the CGWA, Patna on quarterly basis.

6.

To ensure  monthly monitoring of Piezometer   and   submit   report   to concerned departments.

HIL shall monitor the piezometer data on monthly basis, from November 2022 and submit the report to CGWA and JSPCB on monthly basis.

7.

To   develop   proper   plantation   and green   belt   wherever   possible   and submit  the  report  to  the  Board  by 31.10.2022   along   with   number   of plants.

HIL  has  already  distributed  350  fruit  bearing plants among the local villagers residing between colliery more and Rajhara railway siding. We also planted  several  Sisham,  Mahogany  and  Guava plants  along  the  transportation  road.  Moreover, we  are  in  the  process  of  procuring  more  fruit bearing plants to be distributed among the locals for generating good green belt cover in the area. Total plants distributed and planted till date, is around 500. (Photos Attached-Annexure 3)

4.

The Regional Officer, JSPCB Regional Office, Ranchi along with the Consulting Executive, Regional Office, Ranchi has inspected the site on 11/01/2023 and has submitted the Verification Report of the reply submitted by the Unit vide his Letter. No. 19 dated 12/01/2023. The details of which is as follows: -

Sl.

No.

Board show  cause letter dated 08.10.2022

Reply submitted by the unit

Observation/ Status  of Compliance

01

To   Maintain   proper   lighting along the transportation  route especially    during transportation of coal

HIL has already installed 15 LED   flood   lights   of   200W capacity to ensure   proper lighting    especially    during transportation  of  coal.  This may be verified at the site.

The unit has installed 07 No's of light lamp   post   along   the transportation    road

which    is    found operational and the remaining   lamp   posts are still to be installed.

2

To ensure  periodic water    sprinkling  so  that emission  during transportation should  be minimised.

HIL has employed two movable water tankers which ply  to  and  fro  all  Along  the transportation  route to sprinkle  water  to minimize    fugitive emission During transportation    and the  same  can  be  verified  on site.

Manual Water sprinkling through mobile water tankers is being carried out for dust suppression.

3

To    avoid    over    loading    of transportation vehicles andto ensure cover transportation.

No overloading is allowed at the   weigh   bridge   and   the same can be verified from the JIMMS portal. HIL has Already been transporting  its coal via vehicles covered by tarpaulin.

Cover transportation is being carried out at the time of inspection.

0.4

To install PM10 Analyzer near Rajhara  Thana  between  the narrow  Transportation   route (fro  colliery  more  to  Rajhara Railway Siding) and connect it to  JSPCB  Server  and  CPCB Server by 31.10.2022.

The PM10 Analyser has been installed at the Pandwa Thana, which is Located between the

Colliery   More   and   Rajhara Railway Siding.

Online   PM10   Analyzer has been installed atthe Pandwa    Thana    and made  connectivity  with the JSPCB Server butno proper  /correct  data  is transmitting   in   online server.

(Details    Attached    as Annexure -I)

5

To ensure quarterly monitoring  report  of  Ground water  level  from  third  party and   submit   report   to   the concern department.

HIL has already employed M/s   Environmental Laboratories 86 Engineering Service  Pvt.  Ltd.  Ranchi  to monitor ground water level And report the  same   to   the CGWA,   Patna   on   quarterly basis.

Monitoring reports   are submitted and parameters   have   been found  within  the  limit. (Annexure II)

6

To ensuremonthly   monitoring of Pizometre and submit report to concern department

HIL shall monitor the piezometer data on monthly basis, from November 2022 and   submit   the   report   to CGWA and JSPCB on monthly basis.

Details are attached. (Annexure III)

7

To    developed    proper plantation   and   green belt wherever possible andsubmit to  the  Board  by  31.10.2022 along with number of plants.

HIL  has  already distributed 350 fruit   bearing plants among the local villagers    residing    between colliery  more and Rajhara railway siding.

We also  planted several sisham, Mohogany and Guava    plants    along    the transportation  raod. Moreover, we are in the process of procuring morefruit bearing plants to be distributed among the locals for generating good green belt cover in the area. Total plants distributed and planted till    date,   is   around 500.

As    informed    by    the unit's    Representatives approx.  350  fruit bearing    plants distributed  to  the  local villagers  residing between the    colliery more   to   Rajhara Railway siding.14-15 new plants  are  planted along   the  approach road.   More   plantation should be carried out in vacant  space  along  the approach road.

5.

Respondent No. 6 has filed the reply with the facts that:

I. On 07.10.2016, the Mining Lease in respect of Kathautia Coal Mine was granted by the State Government of Jharkhand in favour of R-6/HIL over a mining lease area of approx. 1699.88 acres (approx. 687.92 Ha.) for a period of 30 years in accordance with the provisions of the Mines and Minerals (Development & Regulation) Act, 1957 ("MMDR Act") and rules made thereunder. The Mining Lease was executed as per Model Form K prescribed under the Mineral (Concession) Rules, 1960 promulgated under the MMDR Act. Part II of the said Mining Lease specifically confers upon HIL the entitlement to enter upon the Mining Lease area and "to search for, mine, bore, dig, drill for, win, wore, dress, process, convert, carry away and dispose of the mineral" (i.e., coal).

II. On 19.04 2016, the Central Ground Water Authority ("CGWA") granted No-Objection Certificate ("NOC") in favour of R-6/HIL for groundwater abstraction In respect of Kathautia Coal Mine. The said NOC has been renewed from time to time thereafter in accordance with applicable laws. The latest NOC granted by CGWA is valid from 08.04.2022 till 07.04.2024.

III. The following statutory payments have been deposited with the State Government of Jharkhand by R-8/HIL in respect of Kathautia Coal Mine:

(i) Royalty to the tune of INR 71,83,04,740/- since 2017 till date - in terms of Section 9 of MMDR Act.

(ii) Contribution to District Mineral Foundation ("DMF") to the tune of INR 7,15,22,469/- since 2017 till date - in terms of Section 95 of MMDR Act

(iii) Contribution to National Mineral Exploration Trust ("NMET") to the tune of INR 1,44,38,965.40/- since 2017 till date - in terms of Section 9C of MMDR Act.

IV. That the Joint Committee conducted site visit at Kathautia Coal Mine on 24.06.2022, held discussions with stakeholders and perused the relevant documents and records maintained by R-6/HIL in the usual course of business in relation to conduct of coal mining operations at Kathautia Coal Mine. Based upon the field visit, discussions with stakeholders and perusal of records, the Joint Committee prepared the Inspection Report dated 12.07.2022 ("Inspection Report"). A copy of the Inspection Report dated 12.07.2022 prepared by the Joint Committee is annexed herewith as Annexure R-6/11.

V. The Joint Committee's observations as recorded in the Inspection Report and submissions of R-6/HIL in relation to the said observations are tabulated hereunder for ease of reference:-

S.NO.

Inspection Report observations

Submission of R-6/HIL

Allegation Re: Coal transport by road

1.

No  mining  was  going  on  at  the time    of    inspection.    Project proponent  reported  that  due  of exhaust  of  mineable  land  the mining  had  to  be  stopped  — para   3.1.1(i)   of   Inspection Report

As detailed supra. R-6/HIL has not received possession of a significant extent  of  over  1355  acres  coal bearing land out of the total extent of    approx.    1699    acres    land specified under the Mining Lease and   Vesting   Order.   The   coal reserves in the land over which R- 6/HIL  has possession  have  been mined  out  since  2017  till  date. Consequently, for the past 4 years, the coal production from Kathautia Coal  Mine  is  much  below  the permissible   limit   of   0.8   MTPA specified under the EC.

2.

Coal is transported through Rajhara Railway siding. Coal transportation is   undertaken   by   use   of   HYWA vehicles through narrow 10.12 feet wide road between Colliery ,More to Rajhara  Railway  Siding  and  about 700-800     meters     road     passes through  thickly  populated  area  — pars 3.1.1(11) of Inspection Report

As  permitted  under  the  EC  and CTO,  coal  is  transported  through the   only   available   road   to   the Rajhara  Railway  siding  which  is approx. 12-15 km. away from the pit head of Kathautia Coal Mine. A copy  of  the   map  depicting  the dispatch route from Kathautia Coal Mine to Rajhara Railway siding is annexed herewith as Annexure R- 6/12.

As   also   recorded   by   the   Joint Committee at para 3.1.1(iii) of the Inspection   Report.   there   is   no alternate road/route available for transportation  of  coal  by  road  to the Rajhara Railway siding.

The  said  road  was  used  for  coal transport   even   by   Prior   Allottee during 2006-15 and has been used by R-45/1-11L from 2017 till date for want of any other alternative.

3.

Mining       authorities    in

association  with    the concerned    department should think of widening the road or opt for any other road to avoid this narrow    road    -pare    3.1.1(iii)    of Inspection Report

As detailed above, there is no other alternate  route  available  for  coal transport   to   Rajhara   Railway siding.

The  Jurisdiction  and  powers  to implement  the  Joint  Committees suggestion       regarding       road widening   vest   with   the   official Respondents     and     concerned

departments of the State Govt of

Jharkhand.  As  acknowledged  by the  Joint  Committee  itsetf,  the suggestion       regarding       road widening cannot be implemented by R-6/HIL by itself.

Further,   as   detailed   supra,  R- 6/HIL has contributed an amount of over INR 7,15,22,469/- towards DNIF since 2017 till date, which is statutorily mandated to be utilized by   the   official   Respondents   in terms of the DMF Rules 2016 inter aria for development   of physical infrastructure  such  as  roads  in Palamau District.

It is respectfully submitted that the official  Respondents may be  called upon   to   furnish   details   of   the manner of utilization of DMF funds for Palamau District from 2017 till date.

4.

Proper       arrangements       for water     sprinkling    for      dust suppression       and proper lighting  arrangement  should  be made to ensure proper along the dispatch route- para 3.1.1(111) of Inspection Report

As further detailed infra, R-6/HIL has  made  proper  arrangements for  dust  suppression  along  the dispatch route and also made proper  lighting  arrangements  all along   the   dispatch   route   to ensure proper visibility.

5.

There   is   no   record   on   Forest Department for cutting of big trees

- para  3.1.1(111)      of

Inspection Report

As    confirmed    by    the    Joint Committee,   R-6/HIL   has   not undertaken  any  activity  towards cutting of big trees. Hence the allegation     in    the

Complaint regarding alleged   cutting   of   big   trees   is without merit, unsustainable and contrary   to   the   record   in   the

instant case.

II.   Allegation Re: Excessive coal mining leading to huge OB dumps and depletion of water levels

6.

Coal   production   data   reviewed shows  that  there  is  no  excessive coal   mining   or   OB   dumping.

Project

proponent hasproduced    less than 127 TPD coal for FY 2020-21 and less than 1000 TPD coal for FY 2021-22. Concurrent backfilling of OB is being  done – para 3.1.2 of Inspection Report

As    confirmed    by    the    Joint Committee,    R-6/HIL    has    not undertaken   excessive   or   illegal mining  at  Kathautia  Coal  Mine, and    any    allegations    to    the contrary  in  the  Complaint  are categorically denied. In fad.

for reasons set out in detail supra, the      coal      production      from Kathautia  Coal  Mine  has  been much  below  the  permissible  EC limit  of 0.8 MTPA for the past 4 years.

As     further     confirmed      by the    Joint Committee, R-6/HIL has undertaken     OB    management (including      concurrent backfilling of OB) in terms of the approved  Mining  Plan,  EC  and CTO.      Therefore,      allegations regarding   "huge mountains/heaps' of coal dumps due to alleged "excessive mining" raised in the Complaint are entirely   misconceived, unsustainable   and   contrary   to the record.

7.

The     ground     water       table monitoring data reviewed for last one   year   shows   there   is   no significant  change  in  the  water table. Unit has also submitted the NOC for groundwater abstraction

-para 3.1.2 of Inspection Report

R-6/HIL     has     undertaken

groundwater abstraction strictly in accordance with   the   NOC  granted   by   the CGWA, which has been  renewed till  2024  by  CGWA  as  detailed supra.

As    confirmed    by    the    Joint Committee. R-6/HIL complies with obligations     regarding     regular groundwater table monitoring and there     is     no     depletion     of groundwater table in surrounding areas  as  wrongly  allegedly  in  the

Complaint.

VI. That the recommendations made by the Joint Committee vide the Inspection Report are reproduced hereunder for ease of reference:

“4.1 It should be ensured that the mining authority should provide continuous online PM 10 Analyzer near Rajhara Thana between the Narrow transporting areas (Colliery More to Rajhara Railway siding) and connect it to JSPCB and CPCB server and ensure its continuous operation with an objective to ensure that ambient air quality in the area must meet the standard ambient air quality.

4.2 Monitoring of quarterly Ground water level from third Patty and Piezometer detail of every month shall submit the report to the Concern departments.

4.3 Proper water sprinkling, and lighting arrangement should be maintained along transportation route

4.4 Wherever possible develop proper plantation and green belt .

4.5 Overloading as well as spillage from the loaded vehicle must not be allowed as per rule."

VII. R-6/HIL submitted Reply dated 30.08.2022 to the SCN issued by JSPCB, furnishing the following compliances undertaken by R-6/HIL pursuant to the recommendations of the Joint Committee:

(i) Proper water sprinkling and light arrangements along the transportation route — Several steps taken by R-6/HIL to curb fugitive emissions during coal transportation were set out. Particularly, R-6/HIL informed that the earthen road had already been converted to black topped road by R-6/HIL to minimize dust generation. Further, HIL had deployed water tankers to ply to and from the Rajhara Police station to Rajhara Railway siding for dust suppression. HIL informed that lighting arrangements along the transportation route would be increased as per the Joint Committee's recommendations within one month.

(ii) Prevention of overloading and spillage from loaded vehicles — HIL set out the effective steps taken to ensure zero spillage along the transportation route, including tarpaulin covering of trucks, sealing and locking of coal through plastic/wire seals to avoid uncovering of tarpaulin, provision for water sprinkling along the transportation route, PUC certification of each truck.

(iii) Plantation along transportation route — HIL informed that fruit bearing trees such as mango & guava and non-fruit bearing trees such as kadam, shisham and neem have been planted wherever possible along the transportation route and that further steps were being taken to establish greenbelt along the transportation route.

(iv) Installation of Continuous Online PM10 Analyzer near Raihara Thana — HIL informed that PM10 Analyzer would be installed near Rajhara Thane between the narrow transportation areas (Colliery More to Rajhara Railway siding) and connected to the CPCB and JSPCB servers within 60 days.

VIII. On 31.10.2022, R-6/HIL addressed a representation to the JSPCB, submitting the status of compliances undertaken by R-6/HIL pursuant to the Directions dated 08.10.2022 issued by JSPCB. The compliance status furnished to JSPCB is briefly summarized hereunder:

(i) Lighting arrangements along transportation route - HIL has installed 15 LED flood lights of 200W capacity to ensure proper lighting arrangements along the transportation route.

(ii) Periodic water sprinkling - HIL has deployed two water tankers plying all along the transportation route for water sprinkling to minimize fugitive emissions during transportation.

(iii) Installation of PM10 Analyzer - HIL informed that the PM10 Analyzer had been installed at the Panda Thana, located between the narrow transportation route from Colliery More to Rajhara Railway siding

(iv) Covered transportation - HIL reiterated that it is ensured that transport vehicles are not overloaded at weigh bridge and the same can be verified from the JIMMS portal. HIL also reiterated that all transport vehicles are already covered with tarpaulin and secured with plastics/wires to prevent spillage and dust generation

(v) Groundwater level monitoring- HIL has engaged Mrs. Environmental Laboratories & Engineering Services Pvt. Ltd., Ranchl for monitoring groundwater level and reporting on quarterly basis.

(v) Piezometer monitoring - HIL informed that piezometer data would be monitored on a monthly basis from November 2022 onwards and monthly reports would be submitted to CPCB and JSPCB.

(vi) Plantation along transportation route - HIL informed that 350 fruit bearing plants had been distributed among the local villagers residing between Colliery More and Rajhara Railway siding. Several shisham, mahogany and guava plants have been planted along the transportation route. Further steps were being taken to increase the plantation cover along the transportation route.

6.

Learned Counsel for Respondent No. 6 has submitted that R-6/HIL has conducted coal mining operations at the Kathautia Coal Mine since 2015 and commenced coal production since 2017 strictly in accordance with applicable laws. Hence, allegations of illegal mining and excessive mining raised in the Complaint are entirely misconceived, unsustainable and without merit. Further, allegations regarding depletion of groundwater level or dumping of OB have also been found by the Joint Committee as being without basis. Transportation of coal by road is permitted under the EC granted by MOEFCC as well as the CTO granted by JSPCB. In terms of the said statutory permissions, R-6/1-HIL has transported coal from the pit head to the Rajhara Railway siding by road since 2017. The Prior Allottee of Kathautia Coal Mine also transported coal by road during 2006-- 2015. There is only one available route for transportation of coal by road from the Kathautia Coal Mine to the Rajhara Railway siding. HIL has already convened the said earthen road to black topped road. Further, pursuant to recommendations of the Joint Committee and Directions issued by JSPCB, HIL has taken effective steps for ensuring proper lighting arrangements and also made arrangements for periodic water sprinkling along the transportation route through two water tankers to prevent fugitive emissions and to ensure dust suppression during transport.

7.

It is further argued that implementation of proposals for widening of the existing road or development of alternative routes to Rajhara Railway Siding are within the jurisdiction and powers of the official respondents. Since, commencement of production in 2017, HIL have made contributions to the District Mineral Foundation as mandated under Section 9B of MMDR Act, 1957 and the respondent had deposited to the tune of INR 7,15,22,459/- till date. Thus, said DMF funds are statutorily mandated to the utilized by the Official Respondents as per the DMF Rules, 2016, towards development of physical infrastructure such as road construction, project in Palamu District.

8.

The only grievance of the complainant is that use of 10 ft. vide road in thickly populated area is causing severe air and noise pollution by the dust generated by the transportation. Thus, the Respondents should be directed to repair and construct the road and to maintain the environment by suitable methods required to be taken in the area.

9.

Accordingly, we direct that Respondent/District Administration must consider the widening and repairing of the road by use of DMF funds which has been deposited by the respondent no. 6 under Section 9B of the MMDR Act, 1957 and Project Proponent is directed to ensure that vehicles carrying the material by roads are kept covered with tarpaulin or other covers as it is specified and should not be overloaded. The State PCB is directed to periodically monitor that conditions of EC are complied by the Project Proponent and in case of any violation of the Environmental Rules, necessary action must be initiated in accordance with law.

10.

With these observations, the Original Application/letter petition stands disposed of.

11.

I.A. No. 601/2023 also stands disposed of accordingly.