aam janta through their sarpanches filejanpad panchayat rampur baghelan, district satna (m.p.) 2....
TRANSCRIPT
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BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH, BHOPAL
Original Application No. 35/2013 (CZ)
CORAM:
Hon’ble Mr. Justice Dalip Singh
(Judicial Member)
Hon’ble Mr. P.S.Rao
(Expert Member)
BETWEEN:
Aam Janta through their Sarpanches
1. Santosh Bhai
Sarpanch of Gram Panchayat, Mahurachh Kandaila,
Janpad Panchayat Rampur Baghelan,
District Satna (M.P.)
2. Suneeta Tiwari
Sarpanch of Gram Panchayat Malgaon,
Janpad Panchayat Rampur Baghelan,
District Satna (M.P.)
3. Mamta Verma
Sarpanch of Gram Panchayat Sijahata,
Janpad Panchayat Rampur Baghelan,
District Satna (M.P.)
4. Urmila Singh
Sarpanch of Gram Panchayat Bathiya,
Janpad Panchayat Rampur Baghelan,
District Satna (M.P.)
5. Suneeta Tiwari
Sarpanch of Gram Panchayat Mankahari,
Janpad Panchayat Rampur Baghelan,
District Satna (M.P.) .....Applicants
Versus
1. The State of Madhya Pradesh
Through the Secretary,
Department of Industries,
Mantralaya, Vallabh Bhawan,
Bhopal (M.P.)
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2. Madhya Pradesh Pollution Control Board
Through its Chairman
Paryavaran Parisar,
E-5, Arera Colony, Bhopal (M.P.)
3. District Collector,
Satna District (M.P.)
4. Sub Divisional Officer
Rampur Baghelan,
District Satna (M.P.)
5. M/s Prism Cement Ltd.
Through its General Manager, Rajdeep,
Rewa Road, Satna, District Satna (M.P.) …….Respondents
Counsel for Applicant: Shri S.P. Tiwari, Advocate
Counsel for Respondents 1,3&4: Shri Sachin K.Verma, Advocate
Shri Ayush Dev Bajpai, Advocate
Counsel for Respondents 2 : Shri Shivendu Joshi, Advocate for
Shri Purushaindra Kaurav, Advocate
Counsel for Respondent 5 : Shri Ajay Gupta, Advocate
Dated :February 21st, 2014
J U D G E M E N T
1. This case was originally filed as PIL in Writ Petition No. 1519/2013 in
the Hon’ble High Court of Madhya Pradesh, Principal Seat at Jabalpur by the
Sarpanches of 5 Gram Panchayats i.e., Mahurachh Kandaila, Malgaon,
Sijahata, Bathiya & Mankahari of Janpad Panchyat Rampur Baghelan,
District Satna (M.P.). As per the order dated 04.12.2013 passed by the
Hon’ble High Court in accordance with the judgment dated 09.08.2012 of the
Hon’ble Supreme Court in Bhopal Gas Peedith Mahila Udyog Sangathan &
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Ors. Vs. Union of India & Ors. the case was transferred to Central Zone
Bench of National Green Tribunal at Bhopal and registered as Original
Application No. 35/2013.
2. The petitioners in their petition have stated that they are not challenging
any specific order but seeking issuance of directions by the Hon’ble Court to
the Respondent No. 5, M/s Prism Cement Ltd. to stop pollution from its plant
and improve sanitation in the open area of the Gram Panchayats where the
plant is located and thereby prevent causing damage to the environment as
well as to the people living in the surrounding villages. By not providing
proper sanitation facilities to the employees and labourers working for the
cement factory as well as due to not providing proper parking facilities to the
heavy vehicles operated by/for the factory the environment in the
surroundings of these villages is getting damaged, filth is getting accumulated
resulting in insanitary conditions of the environment and pollution. The dust
emitted by the cement plant is damaging the agriculture crops due to which
the farmers are suffering. The Petitioners submitted that they have been
authorized by their respective Gram Panchayats by passing a resolution, to
file the PIL and to put up their grievances before the Hon’ble High Court so
that they may get favorable orders directing the Respondent No. 5, M/s Prism
Cement Ltd to take immediate action in preventing pollution and avoid
consequent damage to the environment in the surroundings of their villages,
health of the people as well as to their agricultural crops. They also stated
that resolutions passed by the Gram Panchayats were forwarded to the factory
management to look into the concerns of the villagers but due to the
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indifferent attitude of the factory management there is no improvement in the
situation and no concrete steps are taken in this regard and the villagers
continue to suffer. They further stated that they have personally met the
officials of factory management a number of times and made representations
to control pollution and avoid causing damage to the environment but the
requests went unheeded and no concrete steps were taken by the management
to redress the grievances of the villagers as well as in reducing the pollution
caused by the factory. They contended that the factory management has not
taken any favourable steps for the interest and welfare of the villagers,
whereas before establishing the factory, many assurances were given and it
was also declared by the factory management that the aforesaid 5 Gram
Panchayats which are situated adjacent to the factory, will be adopted by the
factory. The Petitioners representing the aforesaid 5 Gram Panchayats further
contended that they have even filed a common representation and served
notices to the management of the factory but still no action has been taken.
3. Due to irregular parking of heavy vehicles in the premises and
surroundings of the truck yards and due to not providing any residential or
sanitary facilities to the truck drivers and others including the labourers
working for and on behalf of the factory, it is resulting in haphazard
discharge of huge quantity of filth and solid waste as well as releasing of
sewage water which is flowing freely into the surroundings including the
roads, agriculture fields and common lands of the villages and the garbage is
getting littered everywhere leading pollution in the surroundings of their
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villages. The pollution as well as improper handling of the vehicles moving
from and to the mining sites as well as factory site is not only causing
damage to the environment but also affecting the health of the villagers.
Irregular dumping of solid waste and poor sanitary conditions are a regular
practice in the vicinity of truck yards. Even the school children and passersby
particularly girls and women, are not able to move freely due to heavy traffic
and filth created by the truck drivers and workers. Walking of the people is
restricted because of heavy traffic congestion caused by the movement and
parking of large no. of trucks. The dust generated by the factory is not only
creating health problems to the villagers but also damaging the standing
agriculture crops leading to reduction of yield and loss of income to the
farmers. Therefore it has become very difficult for the people to live there
and the villagers are suffering both from economic point of view and health
point of view besides undergoing mental stress. The petitioners contended
that irreparable damage is being caused to the environment which cannot be
compensated in terms of money.
4. They further stated that due to pollution, poor sanitation and filth
created by the labourers and truck drivers, their Gram Panchayats have been
deprived of the opportunity of getting nominated to the ‘Nirmal Gram
Panchayat Puruskar’ instituted by the Ministry of Rural Development, Govt.
of India for awarding to those Gram Panchayats which achieve 100%
sanitation and have zero occurrence of open defecation by maintaining clean
environment in their surroundings.
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5. The petitioners further contended that due to uncontrolled blasting of
the mines by the Respondent No. 5, M/s Prism Cement Ltd. houses of the
villagers are getting damaged and due to excess digging of mines the
quarrying pits have gone so deep that the adjacent river water is entering into
those empty pits leading to wastage of water and drying up of the river
causing shortage of drinking water.
6. In the above circumstances, the Petitioners prayed that the Respondent
No. 5, M/s Prism Cement Ltd. may be directed to properly manage the truck
yards for orderly movement and parking of the heavy vehicles and operate
the mines and the factory in such a manner that pollution is arrested in their
surroundings.
7. The Respondent No. 5, M/s Prism Cement Ltd., Mankahari, District
Satna filed its reply on 10.09.2013 denying the averments made by the
Applicants. The Respondent No. 5 filed affidavit dtd. 20.09.2013 in
compliance of the orders dated 10-9-2013 of this Tribunal. The Respondent
No. 5 stated that the commercial production of the plant commenced on 1st
August, 1997 after the company got mining lease for lime stone mining over
an area of 1861.39 hectares which is renewed from time to time. The last
renewal was done for a period of 20 years with effect from 10.12.2007. It
was stated that the factory is an ultra-modern cement producing unit
incorporating energy efficient state of the art technology and complying with
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all the environmental norms. The factory takes up open cast mining of lime
stone with controlled blasting as per the provisions of Regulation 164 (1B)
(a) (b) of the Metalliferrous Mines Regulations (MMR) 1961. The factory
was permitted by Director of Mines Safety, Jabalpur for undertaking
controlled blasting within 300 mt. but beyond 100 mt. of structures /
buildings vide order dtd. 09.09.2004 filed at Annexure R-5/2. The Central
Mining Research Institute (CMRI) conducted investigations into ground
vibrations, air overpressure and fly rock dispersal and arrived at certain
parameters for the mining site in question duly studying the impact of ground
vibrations and Peak Particle Velocity (PPV) with the distance and
accordingly the company has taken up controlled blasting as per the
parameters fixed and guidelines issued by the CMRI duly following ultra-
modern technology. They are also strictly monitoring the seismic vibrations
during the controlled blasting by installing approved and calibrated
seismographs which record the vibrations with advance Raydet system which
in turn are verified on daily basis (Annexure R-5/8). The Respondent No. 5
further stated that they regularly monitor Ambient Air Quality (AAQ)
standards as well as the water quality and send periodical reports to Indian
Bureau of Mines (IBM) as per the conditions prescribed. They also submit
periodical reports to the Madhya Pradesh State Pollution Control Board
(MPPCB). The Respondent No. 5 filed copies of documents at Annexure R-
5/9 and R-5/10 indicating the technical data on PPV.
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8. The Respondent company have also filed a set of documents listing the
prizes/awards won by it for complying with the mine safety norms for
different years during ‘Mine Safety Weeks’ organised by the Director
General of Mines Safety (DGMS) at all India level. The company also
placed on record the awards it won from the IBM during ‘Mines,
Environment and Mineral conservation weeks’ based on which the company
was granted permission for carrying out the blasting just beyond a distance of
100 mt. from the dwellings.
9. The company has been awarded with Bureau Veritas Certification SA
8000: 2008 dtd. 30.09.2009, which is filed at Annexure R-5/15. The
company also claims that they have been awarded ‘3 leaves’ placing the
company at 3rd
position at all India level among all the cement factories for
over all working efficiency including mining and production technology as
per the study conducted by Centre for Science & Environment (CSE), New
Delhi under the green writing project on the cement industry which is filed at
Annexure R-5/16. They have also been awarded with pollution control and
environmental conservation certificate by the Government of Madhya
Pradesh for the years 2004-2005 and 2008-2009.
10. With respect to Corporate Social Responsibility (CSR) the company
stated that they provide employment to the local villagers and they have
established a hospital as well. They also established a school in which not
only the wards of company employees but also the children of the local
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villagers are imparted with good education. The company is helping the local
Gram Panchayats and organizing the community welfare programmes for the
benefit of the villagers. The company has also undertaken steps for filling the
mine pits and for establishing the reclaimed areas it has undertaken plantation
of about 1,50,000 trees.
11. With regard to the alleged pollution caused by the heavy movement of
trucks and poor maintenance of the truck yards the Respondent no. 5 states
that the company has constructed one parking yard on its own and two yards
were taken on contract basis. All the three yards have sanitation facilities
including toilets for the truck drivers and the workers and no garbage and / or
filth is allowed to let into the public places and whatever sewage is generated
by the company it is treated in the sewage treatment plant and the treated
water is reused by the company.
12. The contention of the petitioner that blasting is causing damage to the
houses is not correct. And the petitioner has not furnished any details of the
so called damaged houses and whatever houses were getting affected were
acquired by the company after payment of suitable compensation. As the
depth of mine is hardly 10 to 12 mt. and utmost 16 mt. there is no flow of
river water entering into the mine pits as the lowest level of the pit is located
at higher elevation than the river bed. Even otherwise 60 mt. safety belt is
maintained all along the river.
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13. Inspite of giving opportunity to file their replies, the Respondents No. 1
Secretary, Department of Industries, Government of Madhya Pradesh,
Respondent No. 2 District Collector, Satna and Respondent No. 4 Sub
Divisional Officer, Rampur Baghelan, District Satna (M.P.) failed to file their
replies and hence they forfeited their right to file reply.
14. The Respondent No. 2 MPPCB after inspecting the site on 31st August,
2013 submitted reply dated 06.09.2013, wherein it was stated that the
Applicants have not specifically stated as to what kind of pollution is being
caused by the industry. It was stated that there are 3 truck yards under use by
the factory which are located adjacent to National Highway 75 at about 20
mt. distance in respect of yard 1 & 2 and 200 mt. in respect of yard no. 3 and
no such pollution alleged to have been caused, as stated in the petition, is
noticed. With regard to alleged damage to the houses due to blasting of the
mines by the Respondent No.5 it was stated that IBM is the designated
authority responsible for granting clearances and monitoring as to whether
correct procedure is followed by the company or not. Therefore, in this
regard MPPCB has written letters to IBM. The MPPCB further stated in
their affidavit with respect to noise pollution that they have recorded the
noise levels and found them under the prescribed limits. However, with
respect to the pollution caused by the particulate matter they were unable to
collect and analyze the data due to monsoon season. As far as damage to the
agricultural crops is concerned it was stated that no such complaints have
been received by the MPPCB from the farmers. However, they have written
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to the concerned Deputy Director, Agriculture but due to monsoon season no
monitoring could be done. With regard to depletion of water in the adjacent
river due to the alleged excess quarrying in the open cast mines by the
Respondent no. 5, it was stated by the MPPCB that it is the responsibility of
the concerned State Government Department to look into the allegation. In
respect of diseases alleged to have been caused to the villages living in the
surroundings of the factory, the MPPCB has written letters to Block Medical
Officer and regularly pursuing the matter. On the whole, the Respondent No.
2, MPPCB has not brought out any irregularity / violation of environmental
laws by the Respondent No. 5, M/s Prism Cement Ltd. However, the
MPPCB has suggested certain measures to be adopted by the factory
management in improving the sanitation and maintenance of truck yards.
15. Subsequently, as directed by the Tribunal on 10.09.2013 the MPPCB
conducted fresh inspection on 20.09.2013, 21.09.2013 & 08.10.2013 and
submitted a detailed compliance report dtd. 28.10.2013. It was stated that the
Sijahata and Hinauti mines are located at about 70 mt. away from the river
Tamas and depth of the mining pits is upto 12 – 18 mt. The air quality
monitoring at the mining site was found to be below prescribed limits. The
compliance report further states that the factory is operating two crushers
inside the plant premises and air pollution control equipment as required in
accordance with the prescribed norms, was installed by the factory and the
AAQ monitored at 4 points inside the plant was found to be within the
prescribed limits.
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16. With respect to AAQ monitoring outside the premises of the factory the
data was recorded in all the 6 villages surrounding the factory namely
Sijahata, Hinauti, Mankahari, Bamhauri, Narsinghpur & Mahurachh on 8-10-
3013. All these villages are located at a distance varying from 1-3 km. from
the factory and all the petitioners belong to 5 of these villages. The data
indicated that the PM10 and PM2.5 levels are found below the prescribed
limits. It was also stated by the MPPCB that the physical and chemical
parameters of the water quality monitoring samples of the river Tamas taken
on 3-10-2013, are found to be within the prescribed limits and no pollution
was indicated.
17. The reports furnished by the Agriculture Department have been placed
on record by the MPPCB wherein it was stated that excluding the rainy
season it is apprehended that partial damage to the agricultural crops may
take place due to the of dust emanated by the movement of the trucks.
However, the report does not specify any concrete damage caused to the
agricultural crops. It is only an apprehension. The soil testing report does not
indicate any damage to the soil and no pollution was found to have been
caused to the crops.
18. The MPPCB has filed a detailed statement as Annexure (R-11)
indicating point wise compliance status of the conditions laid down in the
Environmental Clearance (EC) dtd. 22.09.2008. As per the report of the
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MPPCB all the conditions prescribed in the EC were found to be
satisfactorily implemented by the factory. The company has planted about
51,500 trees in the plant premises and around 1,34,000 trees in the mining
areas to fulfill the condition of developing green belt constituting about 33%
of the total area. The industry has installed four AAQ monitoring stations. It
is submitting the AAQ monitoring and stack emission monitoring results on
monthly basis to MPPCB and on six monthly basis to the Central Pollution
Control Board (CPCB). The industry is not discharging any sewage /
industrial waste water as this plant is producing cement under dry process.
For domestic sewage STP of sufficient capacity has been established and
samples tested reveal that they are within the prescribed limits. The industry
is also monitoring the Ambient Noise levels which are found to be within the
prescribed standards.
19. Thus as stated above, the MPPCB after conducting detailed inspection
during August, September & October, 2013 have categorically repudiated the
contention of the Applicants that the factory and its mining operations are
causing any perceptible pollution to the surroundings of the villages. The
MPPCB however that the factory management is required to undertake
improvement works with regard to maintenance of truck yards in general and
sanitation in particular.
20. With regard to the allegation of irregular blasting of mines being
carried out by the company, the Deputy Mine Controller, Indian Bureau of
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Mines, Regional Monitoring Centre, Jabalpur appeared before the Tribunal
on 20.11.2013 and submitted a report dtd. 19.11.2013 stating that a joint
inspection was carried out on 17.11.2011 by IBM and state Govt. officials
and it was noticed that in the dwellings of Hinauti Village no cracks were
observed in respect of ‘Pakka’ houses whereas some cracks were noticed in
‘Kachha’ houses. However, it cannot be established that the cracks are due
to blasting. The inspection reveals that blasting was being carried out as per
CMRI recommendations based on ground vibration study. He further stated
that as per the approved mining plan there is no proposal of undertaking
mining by blasting method within a distance of 100 mt. from the habitation
i.e. dwellings / houses and inspection revealed that no such blasting was
going on within 100 mt. of dwellings / houses.
21. The Applicants have raised various issues related to poor sanitation in
the vicinity of their villages, damage to agriculturl crops, damage to their
dwellings due to blasting in the mines though none of these allegations are
sustainable as per the reports filed by the MPPCB. However, it is a fact the
truck yards of the factory require improvement in maintenance to avoid
sanitation problems in the vicinity of the villages. Environmental protection
and right to clean environment has found due recognition in terms of Article
51A (g) and Article 21 of the Constitution of India. This places greater
obligation upon the Tribunal to examine the sustainable and planned
development with a greater caution and with special protection to the
environment. The Respondent No. 5 M/s Prism Cement Ltd should not carry
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on any activity which would be injurious to the environment or cause its
degradation as well cause any damage to the quality of life of villagers and
their health and at the same time ensure compliance of all safety conditions.
22. Considering the detailed inspection reports filed by the MPPCB and
documents produced before us by the Respondent No. 5 in it’s replies, we
consider it fit to give the following directions to the Respondent No. 5 M/s
Prism Cement Ltd to implement them as a part of Corporate Social
Responsibility (CSR) and as provided in the letter at Annexure R/5 dated
16.08.2013 and also keeping in view that all the five Gram Panchayats where
this particular unit is located, have unanimously passed a resolution in their
Gram Sabhas bringing certain difficulties faced by the villagers and damage
caused to the environment and pollution apprehended/ caused in their
surroundings by the factory and mining of lime stone quarries in their village
limits.
(1) The company should maintain a good relationship with all the
stake holders particularly with the local villagers where the unit
is located and where its mines are located for the common good
and should demonstrate its commitment by way of undertaking
various welfare measures incorporated in the conditions and
their letter at Annexure R/5 dtd.16.08.2013. They should not just
limit their activities for increasing their profits but strive to
fulfill their Corporate Social Responsibility on a continuous
basis as long as the unit is under operation. They should
integrate the economic, environmental and social objectives into
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their working system and they cannot escape from their
responsibility of maintaining clean environment and avoid
causing inconvenience and damage to the villagers which affects
their quality of life.
(2) We direct the Respondent No. 5 to set apart required amount
from their profits in order to ensure remedying of the damage
caused to the environment as the Applicants have sought
protection of environment in their village limits and prevent
damage to the houses and also enforce the provisions of
Environment (Protection) Act, 1986.
(3) Where there is a continuity of environmental degradation, the
Respondent No. 5 shall continue to undertake remedial measures
till the nuisance, degradation or damage is brought to halt. We
have no hesitation in holding that there is urgent need to address
problems of environmental degradation and concerns of
villagers and therefore, the factory and mining areas including
the truck yards require revamping, upgradation and
modernization. The company shall take suitable steps to do
needful as it is supposed to avoid environmental problems and
cater to the needs of the local people. Besides strictly following
the provisions of the Environment (Protection) Act, 1986 and
rules made thereunder as applicable to the unit and besides
regularly furnishing the statutory reports to the concerned
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enforcing authorities the company shall immediately undertake
the following improvement works:-
(i) The truck yards located at Village Narsingpur,
Chibura turning requires improvement by replacing
the existing ‘kachha’ ground which is reported to
be un-metalled and filthy with cement concrete
flooring to reduce dust pollution and for keeping
the premises clean and neat. Beside the above,
sanitary and water facilities have to be improved to
cater to the needs of all the truck drivers and labour
and avoid them going out and causing damage to
the surroundings particularly in the open fields and
village lands. The report of the MPPCB filed at
Annexure (R-1) also clearly suggests certain
shortcomings in the truck yards and measures to be
undertaken and to be complied by the factory
management.
Similar improvement works are also required to be
undertaken by the factory management for the
truck yard located in village Maurachh adjacent to
National Highway-75 and third one located near
prism road turning adjacent to NH-75.
The above works shall be completed within a
period of 90 days. Thereafter the officials of the
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MPPCB shall inspect and satisfy themselves
whether their suggestions have been implemented
by the factory management and the truck yards are
made environment friendly.
(ii) Though, there is no concrete evidence and
categorical report from the Agriculture Department
to the effect that the dust pollution by the factory is
leading to damage of crops of the villagers and
reduction in the yield, it would be appropriate for
the MPPCB to monitor the situation regularly in
consultation with the officials of Agriculture
Department so that the emissions confirm to the
National Ambient Air Quality (NAAQ) standards
and are strictly followed by the Respondent no. 5.
(iii) Though, the Respondent No. 5 stated that till now
the industry has planted around 51,500 trees in the
premises of the unit and about 1,34,000 trees in the
mining areas, the photographs filed by the
Respondent No. 5 at Annexure-R-5/23 clearly
reveal that the surroundings of the factory
including the pucca cement roads laid by the
factory and the approach roads they are using is
bereft of any vegetation. Therefore the Respondent
No. 5 shall undertake planting of trees on either
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side of the approach roads and also the village
roads and tracks leading to the mine sites besides
undertaking block planting of trees in the left over
factory premises as well as in the blank space of
community / common lands / Panchayat /
Government lands in consultation with the local
Gram Panchayats and Rural department and
Revenue department officials so that the entire
premises and surroundings of the factory are
covered with thick vegetative growth which will
considerably reduce the pollution and improve the
air quality. In this regard they may draw plans for
undertaking plantation work during the 2014
monsoon season itself in consultation with local
forest officials. They should make all the necessary
provisions for protection and maintenance of trees
including regular watering atleast for a period of 3
years. Still if any plantable areas are left, they shall
be covered during the 2015 monsoon. The
selection of the tree species shall be in such a way
they are suitable to the local climatic and edaphic
conditions. As seen from the photographs if any
blank low lying areas exist in the premises and
surroundings of the factory planting of water
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tolerant tree species shall be given preference. The
MPPCB shall regularly inspect the progress of the
work and periodically obtain the reports from the
factory.
(iv) Though, the Respondent No. 5 has produced
documents showing the implementation of
community welfare measures and activities taken
up for the benefit of villagers it is still required that
the Respondent No. 5 to convene a meeting with
all the Sarpanches/Pradhans of the five Gram
Panchayats, draw up a detailed plan to attend to the
issues raised by the villagers particularly with
regard to providing drinking water facilities,
improving the sanitation and drainage system in the
surroundings and regulation of movement of trucks
going to and from the mining sites as well as the
factory premises. The Respondent No. 5 should
also involve the concerned officials of the MPPCB
and the govt. departments so that it becomes a
concerted approach instead of duplicating the work
as certain rural development works are generally
undertaken in the villages with government funds.
(v) With regard to medical facilities the Respondent
No. 5 has given the particulars of the hospital
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established by it for the benefit of the employees
and workers of the factory as well as the villagers
residing around the factory but it appears that not
much attention is paid to the needs of the villagers
as it was stated in the reply that Ambulance service
will be provided to the villagers, if available
Therefore this aspect requires improvement and the
villagers should have access to the emergency
medical facilities including Ambulance service
round the clock.
(vi) Though, no concrete evidence is produced before
us showing damage to the dwellings due to the
blasting operations undertaken by the Respondent
No. 5 in its mines located adjacent to the villages,
all precautions shall be taken as per the prescribed
conditions and as per the statutory permission and
guidelines issued by the Indian Bureau of Mines.
The officials shall regularly inspect the mining sites
and if any violation is noticed they should
immediately initiate the action in accordance with
law.
(4) The management of the Respondent No. 5 shall implement all
the above directions along with the provisions already
committed by it under appropriate CSR and see that the
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villagers of all the five surrounding Gram Panchayats develop
a positive attitude towards the factory by taking them into
confidence, amicably settling their problems and attending to
their grievances so that the villagers do not suffer damage to
their health and their environment as well as economic loss and
at the same time the Respondent No. 5 can continue to do his
operations without any hindrance.
23. We may add here that in the letter dtd. 16.08.2013 addressed to Senior
President, Human Resource Management of the factory and written by the
CSR coordinator which is filed at Annexure R/5-18 by the Respondent No. 5
it was stated that the following works of CSR are being undertaken by the
Project Management.
1. RCC road of approximately two kilometers was constructed
by the company stretching from Mahurachh road junction to
village Bamhouri road junction.
2. Truck yards have been developed along NH-75 which have
the following basic amenities:
i. At Mahurachh road junction construction of bore
well pump for providing clean drinking water for
general public in truck yard at Mahurach road
junction.
ii. For the ‘Sulabh Souchalaya’ constructed by
Mahurachh Gram Panchayat which is constructed
adjacent to Mahurachh Truck Yard, company
provided the land for it and further 50% of the cost
expenditure was also borne by the company, which
is mentioned on the foundation stone of the ‘Sulabh
Souchalaya’.
iii. For the truck yard constructed at village Katra
Narsinghpur another new Truck Yard was
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constructed with similar basic amenities of clean
drinking water and ‘Sulabh Souchalaya’ especially
for drivers, helpers, labourers and general public.
3. Free medical treatment is being provided to those villages
which have been adopted by the company. Not only this, free
medical camps on monthly basis are being conducted for
various ailments like diabetes, eye check up, orthopaedic
(osteoporosis) check up, haemoglobin, blood pressure, etc at
places like Mankahari, Bamhouri, Bathia, Sijhata, Baghai,
Hinouti, Narsinghpur etc.
4. Company ensures that free ambulance service is being
provided 24 hours in a day for all villagers of nearby
panchayats.
5. AIDS awareness programs are conducted from time to time
by the company at Mahurach road junction, the truck yards
and in all the villages adopted by the company.
6. As part of our green campaign about three thousand trees
have been planted along the road from Old Despatch Gate to
Mahurach road junction.
7. From New Despatch Gate onwards about four thousand trees
planted up to village Katra Narsinghpur till NH-75 road
junction.
8. In all the seven Panchayats near to the company i.e.
Mankahari, Hinouti, Bathia, Sijhata, Baghai, Mahurachh
Kandaila and Narsinghpur for all primary school children
from class one to class five i.e. 1060 school children free
distribution of school uniform, bags, books, copies and other
study material are being distributed annually.
9. On national holidays i.e. Independence day and Republic day
free distribution of sweets and confectionaries by the
Company is done in the above mentioned schools.
10. Deepening of Mankahari pond situated in village Mankahari
was done along with emboldening of the pond bund. Further,
intense plantation has been done on this bund by the
company.
11. A play ground has been developed in Mankahari Gram
Panchayat for playing football, cricket and other sports.
Page 24 of 25 kavita
12. Company has taken upon itself the renovation work of Old
Shiva temple ‘Jhabla Baba’ situated in Hinouti Gram
Panchayat and has also constructed a ‘dharamshala’ for
pilgrims and for the general public.
13. A pucca ghat has been constructed on river Tamas near the
above Old Shiva temple for general use of public.
14. Company has been providing drinking water through water
tankers to villages where water becomes scarce during
extreme summer season and on occasions when required for
various purposes like village events, festivals, rituals, etc.
15. Company sends its fire tenders along with fire fighting crew
to the villages whenever there is a case of fire break out.
16. Ramban is a place of historical importance and its pond had
dried up. In order to again fill it with water the water canal
connecting this pond to Naro hills, which is at about a
distance of five kilometres has been deepened and cleaned
and fourty hume pipes were laid. Due to this effort of the
company the Ramban pond has again become full of water.
17. Company organizes football and cricket tournament annually
in Hinouti Gram Panchayat, the entire cost of which is borne
by the company.
18. During the entire summer season Company arranges
sprinkling of water on nearby village roads to alleviate the
flying of dust.
19. Company provides financial support to the poor and to
village community events from time to time.
24. We accordingly direct the Respondent No. 3, District Collector, Satna
and the Respondent No. 4, Sub Divisional Officer, Rampur Baghelan,
District Satna to monitor the aforesaid activities undertaken by the factory
management and directions given above and send six monthly progress
reports to the Regional Officer, MP Pollution Control Board, Satna who in
turn shall file the same before this Tribunal.
Page 25 of 25 kavita
25. With the above directions we dispose of this petition. The parties shall
bear their own cost.
26. For verifying the compliance the matter be listed with the first six
monthly reports of the District Collector, Sub Divisional Officer & Regional
Officer of MP Pollution Control Board on 15th September, 2014.
(Mr. Justice Dalip Singh)
Judicial Member
(Mr. P.S.Rao)
Expert Member
Bhopal
February 21st, 2014