Sanjay Kushwaha vs State of U.P.& Ors

By way of moving a letter petition (which was converted as Original Application), the applicant has complained about loading and unloading of coal by vehicles plying on the Hal road of NCL Khadia project at Shakti Nagar, Sonbhadra adjacent to rehabilitated village Chilkadand in violation of environmental norms. The matter was taken cognizance suo moto by this Tribunal being noted in order dated 30.08.2022 and a joint Committee consisting MDNCL, State PCB and District Magistrate, Sonbhadra was constituted with direction to submit a factual and action taken report.

In compliance of the order, the joint Committee visited the site and submitted the report which is as follows:-

“1. There is a Earthen Path starting from Coal Yard No. 05 (Over Time Office) to Old CHP Junction near coal yard no. 01 via work shop back side comer and weigh Barrier no 03 to back side of the workshop and barrier no 02 within NCL, Khadia boundary for transportation of Coal for weighing at weighing bridge installed for the purpose: The length of the Earthen Path is approximately 6.61 KM as reported by die NOT representative

At time of inspection, it was found that the total road length has not been paved for movement of heavy vehicles.

Being a earthen road, huge dust is emitted during the transportation of the heavy vehicles.

During the visit, it was noticed that water sprinkling arrangement through tankers has been provided to suppress the dust.

The complainant Mr. Sanjay Kushwaha was present during the inspection at site and he has reported that the water sprinklers has been done deployed for today only due to the scheduled visit of the committee.

It was noticed that the house of Mr. Sanjay Kushwaha is approximately 10 meters from the Earthen road and it was reported that the road is kachha and due to movement of heavy vehicles road dust arising from the movement of the vehicles is affecting the health of resident near the movement area of the vehicles. The representative of NCL Kahdia reported that the earthen path shall be paved and concrete road shall be constructed for movement of the vehicles. The construction of concrete Road has been started.

The committee visited the starting point of the concrete pavement point and noticed that the construction of Pucca pavement has been stated. The reported completion period is within 03 months.

There is no mechanism to oversee the management of dust arising out of vehicles and sprinkling of water at particular road site and accordingly it was directed to install a PTZ camera for monitoring of the affected sites for regular water sprinkling and construction of CC road.

The complainant Shri Sanjay Kushwaha suggested that green belt should be developed across the pavement as a hurdle of the dust emitted from the vehicular movement and continuous water sprinkling upto completion of CC road so that, it may not affect the health of the family residing near the vehicular movement path

The NCL representative supported the complainant and assured the complainant that within stipulated time period approximately January 2023, the Earthen Road shall be made CC road and regular water sprinkling shall be done up to completion of road and green belt shall be developed between the road and the complainant house across the whole Road length.

Recommendations:

It may be concluded that, NCL has not taken care of the responsibility to provide fresh Air as a fundamental right of the citizen and accordingly liable to pay appropriate Environmental Compensation which need to be calculated as per existing mechanism (if any) developed fee the purpose.

The Earthen Road should be converted into CC road along with necessary green belt proposed within reported time frame.

The committee directed the NCL representative for continuous sprinkling of water to suppress the dust during movement of vehicle and should be monitored in daily basis

Water sprinkling should be done regularly to suppress the dust.

PTZ camera should be installed in the affected area and it should be connected with CPCB/UPPCB server for monitoring.

Learned Counsel for the NCL has submitted that sprinkling from Hal road is a regular activity and hence, chances of emission during transportation are minimal.

The response to the joint Committee report is as follows:-

SI No.

Recommendations

Response

1.

It may be concluded that NCL has    not    taken    care    of responsibility to provide fresh Air as a fundamental right of citizen and accordingly liable to          pay         appropriate Environmental Compensation which need to be calculated as per existing mechanism (if any) developed for the purpose

Based  on  the  observation  and  discussion with complainant, it is evident that the root cause of the issue raised is due to earthen road.  However,  regular  water  sprinkling  is being  practised  on  the  haul  road  and  as mentioned    in    the    report    itself,    the construction   of   CC   road   is   already   in progress and Khadia Project is taking all the necessary steps to minimise pollution.

Hence, Khadia Project respectfully submits that   there  is   no   ground   for  liability  of Environmental Compensation.

2.

The  earthen  road  should  be converted into CC road along with necessary green belt as proposed    within    reported time frame.

The   work   of   construction   of    Cement Concrete  Road  is  already  in  progress  and likely to be completed in FY 2022-23.

As secondary measure, a boundary wall at the edge of the road towards the habitation is  proposed  to  be  constructed  in  order  to control the diffusion of PM particles, if any, due  to  vehicular  movement.  The  expected timeline for completion is 06 months.

Green belt is already developed besides the said naul road. However, gap plantation will be   done   by   Khadia   Project,   wherever required as routine measures

3.

The  committee  directed  that NCL      representative      for continuous     sprinkling     of water  to  suppress  the  dust during  movement  of  vehicle and  should  be  monitored  in the daily basis

Continuous water sprinkling is being done and is being monitored on daily basis. The condition  of  water  sprinkling  has  already been incorporated in the agreement signed with   the   contractual   agency   deploying vehicle on the said road (Copy enclosed as Annexure-A).

4.

Water  sprinkling  should  be done  regularly  to  suppress the dust.

Water sprinkling is being done regularly in order to suppress the dust.

5.

PTZ     camera     should     be installed in the affected area and should be connected with

CPCB/UPPCB     server     for monitoring.

Camera  has  been  installed  at  the  starting point of the said road. The Connectivity of this     camera     will     be     provided     to CPBC/UPPCB server for monitoring.

The District Magistrate and the Regional Officer, Pollution Control Board has filed the action taken report dated 09.03.2023 as follows:-

“1. At the time of inspection, the work of construction of approx. 6.61 m long and 10.5 meter wide cement concrete road (Pavement Quality Concrete) was found in progress During inspection, General Manager, M/s NCL Khadia Project informed that cement concrete road is proposed to be completed by April, 2023.

2 The project proponent has furnished clarification regarding delay in construction of 6.61 km. cement concrete road, which are summarized as follows:-

Ø  This work is voluminous work and is composed of 04 layer construction as per specification of Ministry of Road Transportation and Highways (MoRTH).

Ø  Each layer construction requires compaction & testing before laying of subsequent layer as per criteria of MORTH which is time consuming

Ø  Already three layers upto Dry Lean Concrete (DLC) have been constructed, which has considerably reduced dust generation. Only last layer i.e. Pavement Quality Concrete (PQC) is underbconstruction phase which is expected to be completed by April .2023

Copy of letter dt. 06.03.2023 of General Manager, NCL Khadia Project is annexed herewith and marked as Annexure-1.

At the time of inspection, it was found that water sprinkling through water tankers has been carried out for suppression of dust. Representative of NCL Khadia project has informed that water sprinkling is being done on haul road regularly in order to suppress the dust

Shri Sanjay Kushwaha, Complainant was present during inspection at site. He has informed that the water sprinkling is being done regularly after order passed by Hon'ble NGT on dt. 21.12.2022.

At the time of inspection representative of NCL Khadia Project has informed that as a secondary measure a boundary wall about 1020 meter long and 2.40 meter high at the edge of the road in front of Village Chilkadad is proposed to be constructed by August, 2023, in order to control the emission of particulate matters if any due to motor vehicles movements, for which tendering is under progress at NCL Head Quarter level. During inspection it was noticed that some plants are already developed besides the haul road in front of habitation. NCL representative told that gap plantation will be done shortly.

At the time of inspection, it was found that PTZ came ho installed, for monitoring regular water sprinkling and construction of Cement Concrete road of affected area

At the time of inspection, complainant has reported that the coal is also being transported sometime through uncovered and heavy vehicles. Due to which coal dust is emitted and creates problem. He suggested that coal carrying vehicles must past be overloaded and should be covered with tarpaulin during movement.

Complainant Mr. Sanjay Kushwahn has verbally reported that he is satisfied with the progress of work by NCL Khadia with respect to his complaint and NCL should complete ongoing Cement Concrete road project within proposed timeframe along with green belt development towards habitation side at the earliest.

At the time of inspection, it was found that NCL, Khadia Project has developed Miyawaki forestation in the area of 0.5 hectare.

NCL Khadia has installed 01 no. of Continuous Ambient Air Quality Monitoring Station with data connectivity SPCB/CPCB server.

NCL Khadia has submitted the compliance of Environment Clearance conditions and CTO conditions, which are attached herewith and marked as Annexure No. 2.

C. Recommendations:-

PTZ camera should be installed by NCL Khadia Project in the affected area Chilkadad habitation, to monitor Cement Concrete road construction and movement of vehicles carrying coal and it should be connected with CPCB and SPCB server for regular monitoring.

NCL khadia Project must adopt continuous water sprinkling for dust suppression during movement of vehicles and it should be regularly monitored by Project Proponent.

NCL Khadia Project should develop 10 meter wide green belt with fast growing plants species along with 2.4 meter high boundary wall, towards Chilkadad habitation side, in time bound manner.

NCL Khadia Project should ensure completion of construction of 661 km. long cement concrete road by April, 2023 failing which appropriate Environmental Compensation need to be imposed as per CPCB guideline after timeline i.e. April, 2023.

5 NCL Khadia Project should ensure that movement of all vehicles carrying coal must be covered with tarpaulin and not overloaded.”

In its reply, NCL has submitted as follows:-

I. The Northern Coalfields Ltd. under its CSR policy, affirms its commitment of seamless integration of marketplace, workplace, environment and community concerns with business operations by undertaking following activities/ initiatives that are not taken in its normal course of business and/or confined to only the employees and their relatives and which are in line with the broad-based list of activities, areas or subjects that are set out under schedule VII of the Companies Act, 2013 and Rules made thereunder as amended from time to time.

II. The Environmental Clearance to the NCL, Khadia Project was given by the Ministry of Environment, Forest & Climate Change (Coal Mining) Division vide letter dated 23.03.2016 for Opencast Coal Mine Expansion from 10 MTPA to 14 MTPA subject to certain condition.

III. The Environmental clearance to the NCL, Khadia Project was given by the Ministry of Environment, Forest & Climate Change (Coal Mining) Division vide letter dated 27.07.2022 for Opencast Coal Mine Expansion from 14 MTPA to 15 MTPA subject to certain conditions.

IV. The NCL, Khadia Project has to submit compliance report of EC conditions/ norms every six months. The last submission for the period 01.10.2022 to 31.03.2023 was made by the NCL, Khadia Project on 26.05.2023.

V. The Northern Coalfields Ltd., Khadia Project is taking appropriate remedial action, in accordance with Statutory provisions for prevention control and abatement of environmental pollution degradation and for protection and improvement of environment

The perusal of the compliance report reveals that the cement concrete roads have been completed for the affected areas and the vehicles carrying coal are kept covered with tarpaulin and continuous water sprinkling is being done and is being monitored on daily basis.

Since the respondents have complied with the observations and recommendations of the Committee, thus, no further action is required. However, we direct the State PCB to periodically monitor the compliances of conditions of EC and to ensure compliance of Environmental Rules and plantations as required. In case of non-compliances or violations of Environmental Rules, necessary legal and punitive action must be initiated against the violators.

With these observations, the Original Application stands disposed of.