79/4, Prashant Nagar, Ajni, Nagpur, – 440 015

CCeemmeenntt LLiimmiitteedd

REF. : JLDCL/MoEFLET/2016/DATE : Sept. 10, 2016

To,The DirectorIA-Division (Non Coal Mining)Vayu-305, Indira Paryavaran Bhawan,Ministry of Environment, Forest & CC,Jorbagh Road,Lodhi Road,New Delhi-110003

Subject: Limestone/dolomite mining project/M/s JLD Cement Ltd, villageBahlampur, The Zari Jamni , Yavatmal

References:a) Letter no. J-11015/203/2009-IA-II(M) 26-09-2011 --- Annexure 1b) MOEF letter dated 26-09-2011c) EIA & EMP report for the project

Dear Sir,

We hereby submit the following point-wise replies/clarifications sought by theExpert Appraisal Committee included in reference at b above.

i) An undertaking to the effect that all TOR’s prescribed have beenincluded in the EIA report, along with compliance of TORs with crossreference to the EIA report, should be provided.

JLD do undertake that all point included in TOR have been covered in theEIA and can be confirmed from Annexure 2 which is its tabulatedstatement.

ii) A copy of mine lease / letter of intent (LOI) with English translationshould be provided

As per the State Government Order No. MMN-1008/CR-2486/- 2486/ Ind-9

in vogue at the time of this project, lease could be granted only after E.C.

Please see Annexure 5.

2

ii) A toposheet showing location of school/educational institution, villageBahilampur with coordinates of their location along with all corner minelease co ordinates should be provided.

Please see Annexure 3.

iii) Distance of river Penganga from the mine site, clarify demarcated on thetoposheet with HFL detail, should be provided. Protection measures fornearby village in the event of flooding should also be provided.

Please see Annexure 3.

iv) Impact of mining on river Penganga and adjoining village shouldbe given.

• River as per Google picture and co-ordinates given in mining plan is at

0.42 km.

Google Imagery

3

• Active mining will be north-most of lease area. Hence effective distance

from active mining pit will be about 1km.

• Soil dump, roads & other infrastructure will also be at this distance.

• River flows about 199m 10-15 m below ground level.

MSL– elevations -River bed 199 m & lease 210 m

Hence there would not be any adverse impact.

Impact at adjoining village - Bahilampur :

• The above is applicable for Bahilampur village. Village is 0.45 km

• Maximum incremental downwind concentration is predicted to be 104.5µg/m3 in absence of mitigation measures and only if all activities areconcurrent.

• Blasting is one time activity. After blast is executed contribution emissionrate will be reduced by 0.528 g/sec/m2 GLCs will be less than 100 µg/m3.

Proposed mitigation:

Plantation over 10 km strip (safety zone) will be carried out. In addition more

species with wide canopy will be planted on the village side. There will be

bushes at the trunk of taller trees. They will reduce dust & noise levels.

Noise:

• Noise levels at Bahilampur were again monitored on September 5, 2011 as

per recommendations of EAC. Ld, Ln and Ldn were 59.3, 49.7 and 62.0

dBA respectively Noise levels are included at point xi below.

PPV will be 30.35 mm/sec. at 50 m. Since noise levels as per CMRS for a

charge is 368 kg are likely to be 128 d BA at 968 m from blast site charge

during blasting charge would be proportionately reduced.

Mitigation: Plantation and blasting will be carried out as per DGMS norms.

v) Mineral wise production capacity i.e separately for limestone and dolomite

should be provided:

4

Year wise production of limestone and dolomite

Year Area to bemined

ROM LimestoneProduction

ROM DolomiteProduction

m2 Tonnes Tonnes1 73,000 Nil Nil

2 20,000 2,50,000 45,000

3 24,000 3,00,000 10,000

4 40,000 5,00,000 1,000

5 40,000 5,00,000 2,000

Total 19,7000 15,50,000 58,000

vi) An undertaking to comply with the circular of DGMS regarding safety

with respect to blasting should be provided.

JLD hereby undertakes to carry out blasting as per approved mining plan and as

per DGMS norms of safety.

vii) Quantity of top soil and solid waste to be generated and details for its

utilization, disposal and management should be provided. Details of

backfilling proposed if any, should also be given. It may be clearly

indicated that out of the total waste generated during the mine life, how

much quantity would be backfilled and how much quantity would be

disposed of in the form of external dump (number of dumps, their height,

terraces etc. to be brought out).

Quantity of top soil and solid waste – (No. of dumps, height, terraces etc.)

• There will be one dump of soil

• Top soil will be about 20,000 m3 at the end of 5 years.

• Top soil will be stacked over 2.4 ha.

• Erosion of soil dump will be controlled by proper design of dump, contour -bunding & plantation.

• Run off from the dump will be collected in toe drain so designed to collectsuspended solids.

5

• Waste dump height will be 20 m & inactive dump will be stabilized.Ashoka, Nagamali, Sunari, Jacaranda, Kanchan, Neem, Mahudo, Paladhuaetc. will be planted.

Progressive dimensions of the dump

YearVolume Length Width Height Area

m3 m m m m2

1st Nil Nil Nil Nil Nil

2nd 18000 115 75 2.5 7200

3rd 4000 75 25 2.5 1600

4th 400 25 8 2.5 160

5th 800 25 15 2.5 320

Reclamation :

• Mining plan does not propose back filling / reclamation during the first 5years because it is possible that further prospecting for additional deposit islikely.

• Therefore top Soil will be removed & shall be stored separately.

• Biological stabilization is proposed till it is used for rehabilitation of ML

area.

• Alternatively soil will be transferred to un-touched area of the ML for

plantation.

• Bunds will be created over unused land to prevent erosion. Plantation will

then be possible over such areas.

viii) Emission rate as provided during the presentation may be rechecked and

furnished.

• Emission rates were calculated using emission factors for open cut mining

operations included in a publication by F.W. Parrett entitled “Computational

Mechanics Publications” of Southampton,U.K. State Pollution Control

Commission of New South Wales, Australia have estimated these emission

factors based on EPA work. These factors have been checked are and given

below.

6

Activity Emission factor

Truck loading 0.01 kg/ tonne

Haul road 4 kg/ vehicle km

Truck dumping 0.2 kg/tonne

Blasting 758(A0.8

/W1.9

x D1.8

) kg/blast, A = area blasted (m2), D = Depth

of blast (m), W= moisture content (%). In this case D = 5 m,

W = 4% , A=30m2

Drilling 0.6 kg/hole

Total generation of particulate matter was calculated for loading of 1666 T/D; total

coverage of 170 km/day of haul road; truck dumping of 1666 T/D; drilling @ 9

holes per day and 1 blast per day for Bahilampur.

Emission rates are given below:

Activity Emissions/Day in kg Emission Rategm/sec

Truck loading 1666 T/D x 0.01 kg/T = 16.66 0.19

Haul road 170 km x 4kg/km = 680 7.87

Truck dumping 1666 T/D x 0.2 kg/T = 333.2 3.8

Drilling 9 holes/d x 0.6 kg/ hole = 5.4 0.063

Blasting 45.63 kg/blast 0.528

Cumulative 12.451 gm/sec.

These rates will be validated after commencement of mining. Following

equations suggested by USEPA. Variables will be determined at site.

ix) The information provided regarding isopleths should be rechecked and

furnished.

All sources within mining lease would be fugitive sources and isopleths for “area

source” have been drawn as per “Aeromod” model and are given below. These

have been drawn for maximum production using micrometeorological data for the

region.

7

x) Noise levels should be rechecked and furnished

Noise levels at four of the earlier stations were measured after the minutes of

meeting where received. Sites were Bahilampur. Hirapur, Piprod & Mukutban Ld,

Ln & Ldn were calculated the values are given below :

NOISE LEVELS (dBA)- 5th September 2011

Time Village Bahilampur

0600 38.2

0700 40.6

0800 37.4

0900 44.2

1000 46.4

1100 48.3

1200 45.8

1300 44.6

1400 44.2

1500 46.7

1600 52.4

1700 50.6

1800 53.4

1900 55.6

8

2000 49.2

2100 48.4

2200 43.8

2300 37.5

2400 36.3

0100 34.2

0200 34.6

0300 33.8

0400 34.6

0500 36.4

Range - 24-hrs. 33.8-55.6

Ld 59.3

Ln 49.7

Ldn 62.0

NOISE LEVELS (dBA)- 6 th September 2011

Time Village Hirapur0600 37.70700 38.20800 40.40900 43.81000 46.21100 50.21200 52.41300 50.81400 46.31500 48.71600 54.61700 59.81800 57.31900 54.22000 52.62100 51.42200 46.42300 43.82400 42.80100 40.20200 36.60300 34.20400 35.40500 37.8

Range - 24-hrs. 34.2-59.8Ld 62.7Ln 54.2Ldn 65.7

9

xi) The reclamation plan, post mine land use & progressive green beltdevelopment plan should be prepared in tabular form (prescribed format)and submitted.

Approved mining plan does not envisage back filling.

Post mining land use is given below.

Progressive green belt development plan

An inventory of indigenous plant species has been made during the survey.

Guidance from Forest Dept. will be available for plantation of suitable species.

During first year after grant of lease, 1m3 pits will be created along the M.L

boundary at 10 m distance from each other. Then top soil from the dump site /

lease area will be filled in these pits & saplings of existing tree-species will be

planted before on-set of monsoon. It is possible that 120-150 plants can be planted

in the first year. First row (10 m wide) of plantation will be along the boundary of

ML Second to fifth row of plantation will created in the next year 5 years. During

the next year trees will be planted within the space between the earlier planted

species. Width of plantation barrier will be 50 m. Same procedure for plantation

10

along the drain on western side of ML will be adopted. Schedule of plantation

program is given below. Rs 0.5 Lac per year will be earmarked for plantation/

maintenance purpose.

Plantation schedule

Year Number of Plants

1st 50

2nd 50

3rd 50

4th 50

5th 50

Total 250

xii) The R & R detail regarding land oustees with compensation detailsshould be provided.

Government of Maharashtra R & R policy enclosed at Annexure 4 will beimplemented after E.C. is granted.

Compensation for land will be as per the policy.

xiii) The Questionnaire for environmental appraisal of mining projects shouldbe revised incorporating the above details and submitted. It may be ensuredthat the Questionnaire should be self explanatory.

Please see Annexure 5.

xiv) Public hearing points raised and commitment of the project proponent ofthe same along with time bound action plan to implement the same should beprovided.

Issues raised by the Public Response/Commitment of ProjectProponents

Actionprogramme

Health care of people of theregion by the proponent

Health services will be available to peoplefrom immediate vicinity

Within 6months afterE.C.

Local people to be preferred formine related jobs

Local people will be preferred and beemployed as per their capabilities. Aquestionnaire will be circulated tocategorize available personnel for suitablejobs in mine.

Recruitmentprocess within3 months aftersitepreparation

11

Proponent to provide drinkingwater and construct & maintainroads.

3 months aftercommissioning

Livelihood to old persons if theirland is acquired

Livelihood to old people will be in form ofappropriate price of their land &government policy

Before thepossession ofland byproponent

Proper compensation to landownersRs two hundred thousand begiven to land owners if theirland is already acquired butagriculture is practiced

Plan for compensation, costs etc afternegotiations with gram panchayat. Cost ofexisting wells, bore well, piping will beincluded. Direct negotiation with landowner is planned.

Before thepossession ofland byproponent

A few were apprehension ofdamage to crops in adjoiningfields after mine is operational

Will be compensated if crop is damaged.Environment protection will be effective

Afterconfirmationof damage ofcrops bymining

Nature of jobs to be given byproponents

Immediate relatives /descendants of oldland owners will be employed if foundsuitable.Local contractors will be preferredUnskilled persons will be prompted toimprove their skills

Recruitmentprocesswithin 3months aftersitepreparation

Ten per cent share in company’sprofit; education fund to grampanchayat; jobs as perqualification & skills; localcontractors; development ofother affected villages and not ofonly Bahilampur-

As above within 3months aftersitepreparation

Thanking you,

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Annexure 1

13

14

Annexure 2TOR COMPLIANCES

Sr.No.

Scope as per TOR Compliance/Report Reference

I Executive summary of the projectindicting relevant details shall beprovided and issues raised inpublic hearing along with actionplan to address the same shall beprovided in tabular form includingrequisite allocation of funds.

Executive Summary of the Project includingrelevant details has been provided in the EIA/EMPDocument (Ref. Annexure 11).

Issues raised during Public Hearing & the ActionPlan to address the same along with allocation offunds is included in Chapter No. 7 (Ref. Page No7.4).

ii. A copy of lease deed allocated(lease execution) in the name ofthe company shall be providedalong with mining plan (includingprogressive mine closure plan).

As per Order No. MMN-1008 / CR – 2486 / Ind - 9dated 15/07/2008 of the State Government ofMaharashtra, JLDCL has to obtain PriorEnvironment Clearance to facilitate execution ofML. The Lease Deed shall be executed only aftergrant of Environment Clearance and copy shall beprovided to MoEF.

Mining Plan along with Closure Plan approved byIBM is enclosed as Annexure - 1.

iii. Conservation Plan of Top Soilshall be prepared and its detailssubmitted.

The Top Soil Conservation Plan has beenprepared and presented in Section 4.4.1 ofChapter 4 (Ref Page No 4-16).

iv. Cumulative impact of industriesand mines on the ambient airquality in the study area shall beassessed.

There are no industries in the radius of 10 kms.from the mine only fugitive sources will causeparticulate matter emissions. The impact of mineon the Ambient Air Quality in the study area hasbeen assessed and details are provided inChapter 3 (Ref. Page No3.11 to 3.21). Anticipatedimpacts on air environment is presented in Section4.1 Page 4-1

v. Action Plan for monitoring of freesilica in ore dust and for mercuryparticularly in soil and water shallbe submitted.

Dust collected during AAQ monitoring during theoperational phase will be analyzed by X-raydiffraction for its chemical content and for freesilica.

Particle size of collected SPM will be determined.

Presence of Mercury in soil and water is notanticipated in Bahilampur Limestone MiningProject.

vi. Blast Vibration Study shall becarried out and report submittedalong with EIA/EMP Report.

JLDCL had approached Central Institute of Mining& Fuel Research for undertaking Blast VibrationStudies. CIMFR indicated that DGMS Permissionshall be required for conducting the blasting.

The Mining Lease is yet to be granted to JLDCLand permission for blasting shall be granted onlyafter grant of Mining Lease. Therefore, BlastVibration Studies shall be carried out after grant ofML and commencement of mining operations asper DGMS Rules and Report shall be submitted.

The Letter received from CMFRI is enclosed asAnnexure – 9

15

vii Primary survey of flora and faunashall be carried out and reportsubmitted along with EIA/EMPreport.

The Survey of Flora & Fauna has been carried outand the details are incorporated in the EIA/EMPReport (Ref. Page No 3.43 and Annexure - 6).

viii. Detailed Hydro-geological Studyshall be conducted from aninstitute / organization of repute toassess impact of mining onground and surface water regime.Specific mitigation measures shallbe spelt out and action plan forimplementation of the same shallbe provided.

Area has been surveyed by Central GroundWater Authority. The Report of CGWA isenclosed at Annexure - 5.

Penganga River Data collected by Central WaterCommission is enclosed at Annexure - 4.

The proposed Limestone Mining Operations is notexpected to affect the Water Regime of the area.

The details of Water Management are provided inthe EIA/EMP Report (Ref. Page No 4.12).

ix. Action Plan for identification oflocal employable youth for trainingin skills relevant to the project foreventual employment in theproject itself shall be formulatedso that to the extent possibleoutside people are not employed.

The Action Plan for identification of localemployable youths has been formulated and isenclosed as Annexure - 10.

x. Layout Plan indicating break-up oflease area, area for excavation ofmining, waste dump, mineralstorage, top soil storage, greenbelt, infrastructure, roads and sitefor proposed beneficiation plantarea (including tailing pond siteetc.) shall be provided.

Layout Plan indicating relevant details arepresented in Figure – 4.5 (Ref. Page No 4.17 &Table No-4.10,Page No.4-16)

xi. Photograph of the mine leasearea, where mining activity isproposed to be undertaken shallbe provided.

The photographs of the Mining Lease Area areProvided at Figure 4.4 of Chapter 4 (Ref. Pageno 4.15)

xii. Satellite Imagery or authenticatedmap indicating drainage, croppingpattern, water bodies (rivers,nallhs, ponds etc.), location ofnearest villages, national parks,wildlife sanctuaries, tiger reserves,biosphere reserves, heritage sitesetc. in the core and buffer zonesshall be provided.

The authenticated map indicating drainage, waterbodies, location of villages etc on Survey of IndiaToposheet is provided at Fig-2.1,page No.-2.2.The Satellite Image of the Bahilampur MiningLease Area is provided in the EIA/EMP Report(Ref. Page No 2.3 Figure 2.2).There are no national parks, wildlife sanctuaries,tiger reserves, biosphere reserves, heritage siteswithin 10 kms of the proposed Mining Project.Themap indicating the distances of the Project sitefrom the National Parks/Wild Life Sanctuaries etc.is provided at Fig. No 1.3., Page No.-1.15

xiii. Detailed Action Plan forreclamation of mined pit beforeworking subsequent mineralbearing areas shall be prepared.

Area under pit at the end of first five years will be7.3 ha. The depth of mined out area will be only 10m; It is proposed to undertake drilling operationsduring first year of the mining operations toestablish the availability of Limestone below. Thedetailed Reclamation Plan shall be prepared duringrevision of Mining Plan at the end of fifth year.

xiv. Action Plan for preservation ofbuffer zone to be maintainedbetween two consecutive mineralbearing areas shall be prepared.

The buffer zone to be maintained between twoconsecutive mineral bearing areas shall bedeveloped as green belt planting the nativespecies. The details of green belt action plan ispresented in section 6.8 of Cha. 6 (Ref p. No 6.6)

16

xv. Approved mining plan includingprogressive mine closure planshall be provided along with EIAreport letter of approval from IBMshall also be enclosed.

The approval letter for Mining Plan along withProgressive Mine Closure Plan is enclosed asAnnexure - 1. The Copy of the Approved MiningPlan is being Submitted Separately.

xvi. Detailed drawings indicatinggeological formation of ores withrespect to ground water table shallbe submitted.

As per the approved Mining Plan the depth ofworking shall be only 10 m during initial 5 years.The Mine is not expected to intersect the watertable in the area occurring at a depth of about 20 mbelow groundwater level. The Geological CrossSection indicating the depth of the working areprovided in the EIA/EMP Report (Ref. Page No2.13, Figure 2.6).

xvii Detailed Action Plan fordemarcation and raising thickvegetation of 50 m barrier allalong the side of the lease (insidethe lease) facing nallahs (asapplicable) shall be providedalong with schedule of plantationand financial commitment.

The Action Plan for demarcation and raising thickvegetation all along the side of the lease (inside thelease) has been provided in the EIA/EMP Reportalong with schedule of plantation and financialcommitment (Ref. Page No 4.18).

xviii. Action Plan for ambient air qualitymonitoring shall be prepared,which shall constitute adequatestations in core and buffer zones(human habitations).

The Action Plan for Ambient Air Quality Monitoringhas been prepared and is included in the EIA/EMPReport (Ref. Page 6.3).

xix. Action Plan for control of fugitivedust generation shall be prepared.The plan shall consist of scheduleand methodology of monitoring offugitive dust emission at locationsof nearest human habitation(including schools and other publicamenities located nearest tosources of dust generation asapplicable).

The Action Plan for Control of Fugitive DustGeneration has been prepared and is included inthe EIA/EMP Report Subsection 4.1.1. of Chapter4 (Ref. Page No 4.5.) & monitoring details arepresented in Page No 6.3.

xx. Detail Plans for raising shelter belti.e. wind break of 30 m width andconsisting of at least 5 tiersaround lease facing the humanhabitation / agricultural fields (ifany in the vicinity) etc. shall besubmitted.

The Action Plan for raising Shelter Belt all alongthe side of the lease (inside the lease) has beenprovided in the EIA/EMP Report (Ref. Page No6.6.)

xxi. A scientific mining scheme forevery 5 years for the lease periodof the mine shall be prepared.

The Mining Scheme for the first five yearsapproved by Indian Bureau of Mines is provided inthe Approved Mining Plan enclosed with theEIA/EMP Document.

xxii. Scheme for rain water harvestingincluding road map forimplementation shall be prepared.

The scheme for Rain Water Harvesting includingRoad Map for implementation is provided in theEIA/EMP Report (Ref. Page No 4.12).

xxiii. Action Plan for maintenance ofvillage roads through whichtransportation ores are undertakento be carried out by the companyregularly at its own expenses shallbe prepared.

The Action Plan for maintenance of village roads tobe used for transportation of mineral is provided inthe EIA/EMP Report Section 2.10 of Chapter 2(Ref. Page No2.29).

17

xxiv. Measures for prevention andcontrol of soil erosion flowing intowater course / bodies (if any) andmanagement of silt shall beprepared. Assessment of total siltload likely to be generated shallbe carried out. Proposal forprotection of dumps againsterosion by geo textile matting orother suitable material andplantations of native trees andshrubs at the dump slopes shallbe prepared.

• Erosion of soil dump will be controlled byproper design of dump, contour-bunding &plantation.

• Run off from the dump will be collected in toedrain designed to collect suspended solids.

• Erosion rate for buffer zone is likely to be 3.2tonnes / ha / year. Silt Laod from ML Area(72.88 ha.) has been assessed as 233.21tonnes/year.

• Plantation along ML boundary will arresterosion of soil within ML Area.

• Also plantation along the seasonal nalla isproposed.

xxv. Trenches / garland drainsproposed to be constructed at footof dumps and installation ofmaterials like coco filters at regularintervals to arrest silt from beingcarried to water bodies shall beprepared. Proposal for adequatenumber of check dams and gullyplugs proposed to be constructedacross seasonal / perennialnallahs (if any) flowing through theML area shall be prepared. De-silting schedule at regular intervalsshall be also provided.

The overburden is expected to be very less and assuch the dump shall be very small. Trenches /Garland Drains shall be constructed at the foot ofdumps to collect the run-offs during monsoonseason and the water shall be allowed to flow asper natural surface drainage pattern after passingthrough the Settling Tank which shall facilitatecollection of suspended solids.

The Settling Tank shall be de-silted at regularintervals during monsoon seasons.

xxvi. Land use pattern of the nearbyvillages shall be studied, includingidentification of common propertyresources available for conversioninto productive land and actionplan for abatement andcompensation for damage toagricultural land / commonproperty land (if any) in the nearbyvillages, due to mining activityshall be prepared.

Land use within the study area is presented inSection 3.4.1.(Refer Page No.-3-37) Un-irrigatedarea is 10.78 ha. This can be brought undercultivation by use of mine pit water and / or by therain water harvesting structures. Desirous personswill be encouraged for this. A letter to this effect willbe sent to Gram-Panchayat.

Action plan for damage to agricultural land /common property land (if any) in the nearbyvillages, due to mining activity is given in section4.6.2 of Chapter 4 (Ref Page no 4.20)

xxvii. Need based assessment for thenearby villages shall be conductedto study economic measureswhich can help in upliftment ofpoor section of society. Incomegenerating projects consistent withthe traditional skills of the peoplebesides development of fodderfarm, fruit bearing orchards,vocational training etc. can form apart of such programme. This willbe in addition to vocationaltraining for individuals imparted totake up self employment and jobs.Separate budget for communitydevelopment activities and income

A questionnaire will be developed after informaldiscussions with local people.

During Survey it is observed that traditionalpractices were goat & cattle farming. Both theseare being neglected. Similarly dissemination ofinformation on modern techniques for fast cashreturns & self employment is necessary.

It is proposed to discuss the matter first withGrampanchayat and elected representatives.

A Report on measures to be taken forenhancement of traditional skills of the peoplesshall be prepared and implemented.

18

generating programmes shall bespecified.

Rs.1.5 lacs per year has been earmarked for socio-economic welfare measures for the nearbyvillages.

xxviii. Implementation of occupationalhealth and safety measures forthe workers including identificationof work related health hazards,training on malaria eradication,HIV and health effects onexposure to mineral dust etc. shallbe prepared, including recordkeeping procedures.Awareness programme forworkers on impact of mining ontheir health and precautionarymeasures like use of personalequipments etc. to be carriedperiodically shall also besubmitted.

The survey of the Health Status of the samplepopulation was conducted for identification ofprevailing health hazards in the area.

The details are given in section 3.7 of Chapter 3of EIA/EMP Report (Ref. Page No 3.44).

xxix. Green Belt Development andselection of plant species shall beas per CPCB guidelines. Herbsand shrubs shall also form a partof Afforestation programmebesides tree plantation. Details ofyear wise Afforestationprogramme including rehabilitationof mined out area shall beprepared.

The development of Green Belt and selection ofPlant Species shall be done in accordance withCPCB Guidelines.

The details of the year wise rehabilitation of themined out area are included in the EIA/EMP Report(Ref. Page No 6.6).

xxx. Details of litigation pending orotherwise with respect to subjectmine in any courts, tribunal etcshall be provided.

A Revision Application No.17(26)/2008-RC-11 isPending before the Mines Tribunal, Ministry ofMines, Govt. of India.

xxxi. The questionnaire forenvironmental appraisal of miningprojects as devised earlier by theMinistry shall be filled up andsubmitted in complete.

The questionnaire has been filled-up and isenclosed along with the EIA/EMP Report (Ref.Annexure 12)

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Annexure 3

LOCATION OF BAHILAMPUR ON 1:50,000 TOPOSHEET

Mining lease coordinates are as under:

Sr.No.

PointId.

Co-ordinate Sr.No.

PointId.

Co-ordinate

1 A N190 46’ 44.9” E780 49’ 46.0” 12 L N190 46’ 08.8” E780 50’ 02.7”2 B N190 46’ 43.4” E780 49’ 54.7” 13 M N190 46’ 07.2 ”E780 49’ 57.0”3 C N190 46’ 31.6”E780 50’ 01.8” 14 N N190 45’ 56.4” E780 50’ 00.1”4 D N190 46’ 32.3” E780 50’ 10.1” 15 O N190 45’ 55.6” E780 49’ 57.9”5 E N190 46’ 28.9” E780 50’ 22.1” 16 P N190 46’ 01.8” E780 49’ 52.3”6 F N190 46’ 16.9” E780 50’ 19.8” 17 Q N190 46’ 11.0” E780 49’ 53.2”7 G N190 46’ 13.4” E780 50’ 19.1” 18 R N190 46’ 11.8” E780 50’ 01.9”8 H N190 46’ 08.4” E780 50’ 18.6” 19 S N190 46’ 10.7” E780 50’ 08.3”9 I N190 46’ 10.7” E780 50’ 08.3” 20 T N190 46’ 21.6” E780 50’ 05.7”10 J N190 45’ 58.8” E780 50’ 07.0” 21 U N190 46’ 18.9” E780 49’ 46.5”11 K N190 45’ 57.9” E780 50’ 04.0”

20

Source : Maharashtra Remote Application Center

Statistics of Land Use Bahilampur,Taluka Zari Jamani, District: Yeoatmal

S.N. DESCRIPTION Area Sq. Mtrs Area in Ha.

1 Agricultural Land-in Forest Land 6743.58 0.67

2 Agricultural Land 78210727.84 7821.07

3 Built Up (Rural) 8866.60 0.89

4 Forest-Deciduous -Dense/Closed 116.33 0.01

5 Forest-Deciduous -Open 1076.05 0.11

6 Forest-Scrub Forest 133276.93 13.33

7 Wastelands-Dense scrub 23571.03 2.36

8 Wastelands-Open scrub 32910.63 3.29

9 Waterbodies-Reservoir/Tanks 4851.56 0.49

10 Waterbodies-River/Stream 77859.46 7.79

78500000.00 7850.00

Distance Of River From Site Location is 2.198 Km.

21

Annexure 4

REHABILITATION AND RESETTLEMENT ACT AND POLICY

‘The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (RFCT_LARR)’ has been made effective from January 01, 2014. As per

the clause 24(1) of the Act, in any case of land acquisition proceedings initiated under the Land

Acquisition Act, 1894 where no award under section 11 has been made, then all provisions of

this act relating to the determination of compensation shall apply. Relevant provisions have been

considered while developing R and R package for Project Affected Families.

For this project, procedure and compensation will be as per the RFCT_LARR 2013 and

following key definitions will be followed:

(a) "Administrator" means an officer appointed for the purpose of rehabilitation and

resettlement of affected families under sub-section (l) of section 43;

(b) "affected area" means such area as may be notified by the appropriate Government

for the purposes of land acquisition;

(c) 'affected family" includes-

(i) a family whose land or other immovable property has been acquired;

(ii) a family which does not own any land but a member or members of such

family may be agricultural labourers, tenants including any form of tenancy

or holding of usufruct right, share-croppers or artisans or who may be

working in the affected area for three years prior to the acquisition of the

land, whose primary source of livelihood stand affected by the acquisition of

land;

(iii) the Scheduled Tribes and other traditional forest dwellers who have lost any

of their forest rights recognized under the Scheduled Tribes and Other

Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 due to

acquisition of land;

(iv) family whose primary source of livelihood for three years prior to the

acquisition of the land is dependent on forests or water bodies and includes

gatherers of forest produce, hunters, fisher folk and boatmen and such

livelihood is affected due to acquisition of land;

(v) a member of the family who has been assigned land by the State Government

or the Central Government under any of its schemes and such land is under

acquisition;

(vi) a family residing on any land in the urban areas for preceding three years or

more prior to the acquisition of the land or whose primary source of

22

livelihood for three years prior to the acquisition of the land is affected by the

acquisition of such land;

(d) "agricultural land" means land used for the purpose of--

(i) agriculture or horticulture;

(ii) dairy farming, poultry farming, pisciculture, sericulture, seed farming

breeding of livestock or nursery growing medicinal herbs;

(iii) raising of crops, trees, grass or garden produce; and

(iv) land used for the grazing of cattle;

(e) "appropriate Government" means,-

(i) in relation to acquisition of land situated within the territory of, a State, the

State Government:

(ii) in relation to acquisition of land situated within a Union territory (except

Puducherry), the Central Government;

(iii) in relation to acquisition of land situated within the Union territory of

Puducherry, the Government of Union territory of Puducherry;

(iv) in relation to acquisition of land for public purpose in more than one State,

the Central Government, in consultation with the concerned State

Governments or Union territories; and

(v) in relation to the acquisition of land for the purpose of the Union as may be

specified by notification, the Central Government:

Provided that in respect of a public purpose in a District for an area not

exceeding such as may be notified by the appropriate Government, the

Collector of such District shall be deemed to be the appropriate Government;

(f) "Authority" means the Land Acquisition and Rehabilitation and Resettlement

Authority established under section 5l;

(g) "Collector" means the Collector of a revenue district, and includes a Deputy

Commissioner and any officer specially designated by the appropriate Government

to perform the functions of a Collector under this Act;

(h) "Commissioner'' means the Commissioner for Rehabilitation and Resettlement

appointed under sub-section (l) of section 44;

(i) "cost of acquisition" includes-

(i) amount of compensation which includes solatium, any enhanced compensation

ordered by the Land Acquisition and Rehabilitation and Resettlement

23

Authority or the Court and interest payable thereon and any other amount

determined as payable to the affected families by such Authority or Court;

(ii) demurrage to be paid for damages caused lo the land and standing crops in the

process of acquisition;

(iii) cost of acquisition of land and building for settlement of displaced or adversely

affected families;

(iv) cost of development of infrastructure and amenities at the resettlement areas;

(v) cost of rehabilitation and resettlement as determined in accordance with the

provisions of this Act:

(vi) administrative cost,-

(A) for acquisition of land, including both in the project site and out of project

area lands, not exceeding such percentage of the cost of compensation as

may be specified by the appropriate Government;

(B) for rehabilitation and resettlement of the owners of the land and other

affected families whose land has been acquired or proposed to be acquired

or other families affected by such acquisition;

(vii) cost of undertaking 'Social Impact Assessment study';

(j) "company" means-

(i) a company as defined in section 3 of the Companies Act, 1956. Other than a

Government company:

(ii) a society registered under the Societies Registration Act, 1860 or under any

corresponding law for the time being in force in a State;

(k) "displaced family" means any family, who on account of acquisition of land has to be

relocated and resettled from the affected area to the resettlement area;

(l) "entitled to act" in relation to a person, shall be deemed to include the following

persons, namely:

(i) trustees for other persons beneficially interested with reference to any such case,

and that to the same extent as the person beneficially interested could have

acted if free from disability;

(ii) the guardians of minors and the committees or managers of lunatics to the same

extent as the minors, lunatics or other persons of unsound mind themselves, if

free from disability, could have acted:

24

Provided that the provisions of Order XXXII of the First Schedule to the Code of

Civil Procedure, I908 shall, mutatis mutandis, apply in the case of persons

interested appearing before a Collector or Authority by a next friend, or by a

guardian for the case, in proceedings under this Act:

(m) "family" includes a person, his or her spouse, minor children, minor brothers and

minor sisters dependent on him:

Provided that widows. divorcees and women deserted by families shall be

considered separate families:

Explanation.-An adult of either gender with or without spouse or children or

dependents shall be considered as a separate family for the purposes of this Act.

(n) "holding of land" means the total land held by a person as an owner, occupant or

tenant or otherwise;

(o) "infrastructure project" shall include any one or more of the items specified in clause

(b) of sub-section ( /) of section 2;

(p) "land" includes benefits to arise out of land, and things attached to the earth or

permanently fastened to anything attached to the earth:

(q) "landless" means such persons or class of persons who may be,-

(i) considered or specified as such under any State law for the time being in force; or

(ii) in a case of landless not being specified under sub-clause (i), as may be specified

by the appropriate Government;

(r) "land owner" includes any person,-

(i) whose name is recorded as the owner of the land or building or part thereof, in

the records of the authority concerned; or

(ii) any person who is granted forest rights under the Scheduled Tribes and Other

Traditional Forest Dwellers (Recognition of Forest Rights)Act, 2006 or under

any other law for the time being in force; or

(iii) who is entitled to be granted Patta rights on the land under any law of the State

including assigned lands: or

(iv) any person who has been declared as such by an order of the court or

Authority;

(s) "local authority" includes a town planning authority (by whatever name called) set up

under any Iaw for the time being in force, a Panchayat as defined in article 243 and

a Municipality as defined in article 243P, of the Constitution;

25

(t) "marginal farmer" means a cultivator with an un-irrigated land holding up to one

hectare or irrigated land holding up to one-half hectare;

(u) "market value" means the value of land determined in accordance with section 26;

(v) "notification" means a notification published in the Gazette of lndia or, as the case

may be, the Gazette of a State and the expression "notify" shall be construed

accordingly;

(w) "patta" shall have the same meaning as assigned to it in the relevant Central or Slate

Acts or rules or regulations made thereunder;

(x) "person interested" means-

(i) all persons claiming an interest in compensation to be made on account of the

acquisition of land under this Act;

(ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any

forest rights recognized under the Scheduled Tribes and Other Traditional

Forest Dwellers (Recognition of Forest Rights) Act, 2006;

(iii) a person interested in an easement affecting the land;

(iv) persons having tenancy rights under the relevant State laws including share-

croppers by whatever name they may be called; and

(v) any person whose primary source of livelihood is likely to be adversely

affected;

(y) "prescribed" means prescribed by rules made under this Act;

(z) "project" means a project for which land is being acquired, irrespective of the number

of persons affected;

(za) "public purpose" means the activities specified under sub-section (l) of section 2;

(zb) "Requiring Body" means a company, a body corporate, an institution, or any other

organisation or person for whom land is to be acquired by the appropriate

Government, and includes the appropriate Government, if the acquisition of land is

for such Government either for its own use or for subsequent transfer of such land

is for public purpose to a company, body corporate, an institution, or any other

organisation, as the case may be, under lease, license or through any other mode of

transfer of land;

(zc) "Resettlement Area" means an area where the affected families who have been

displaced as a result of land acquisition are resettled by the appropriate

Government;

26

(zd) "Scheduled Areas,, means the Scheduled Areas as defined in section 2 of the

Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996;

(ze) “small farmer” means a cultivator with an un-irrigated land holding up to two

hectares or with an irrigated land holding up to one hectare, but more than the

holding of a marginal farmer.

R and R Package for Project Affected Families

Rehabilitation and Resettlement benefits to be given to the project affected families have been

discussed in Schedule I, II and III of RFCT_LARR. Applicability of the provision of the Act for

R and R benefits is briefly discussed below:

Compensation for Land Owners

The following components shall constitute the minimum compensation package to be given to

those whose land is acquired and to tenants referred to in clause (c) of Section 3 in a proportion

to be decided by the appropriate Government.

Sl. No.Component of compensation

package in respect of landacquired under the Act

Manner of determination of value

1 Market value of land To be determined as provided under section 26.

2 Factor by which the marketvalue is to be multiplied in thecase of rural areas

1.00 (one) to 2.00 (Two) based on the distanceof project from urban area, as may be notified bythe appropriate Government

3 Factor by which the marketvalue is to be multiplied in thecase of urban areas

1 (One)

4 Value of assets attached toland or building

To be determined as provided under section 29

5 Solatium Equivalent to one hundred per cent of the marketvalue of land mentioned against serial number 1multiplied by the factor specified against serialnumber 2 for rural areas pot serial number 3 forurban areas plus value of assets attached to landor building against serial number 4 undercolumn (2)

6 Final award in rural areas Market value of land mentioned against serialnumber 1 multiplied by the factor specifiedagainst serial number 2 plus value of assetsattached to land or building mentioned againstserial number 4 under column (2) plus solatiummentioned against serial number 5 under column(2).

7 Final award in urban areas Market value of land mentioned against serialnumber 1 multiplied by the factor specifiedagainst serial number 3 plus value of assetsattached to land or building mentioned againstserial number 4 under column (2) plus solatiummentioned against serial number 5 under column(2).

27

Elements of Rehabilitation and Resettlement

In addition to compensation for land, the second schedule provides following elements of

rehabilitation and resettlement entitlements for all the affected families (both land owners and

families whose livelihood is primarily dependent on land acquired).

S.No. Elements of Rehabilitation andResettlement Entitlements

Entitlement/ provision

1. Provisions of housing units in caseof displacement

(1) If a house is lost in rural areas, aconstructed house shall be provided asper the Indira Awas Yojanaspecifications. If a house is lost in urbanareas, a constructed house shall beprovided, which will be not less than 50sq. mtrs in plinth area.

(2) The benefits listed above shall also beextended to any affected family which iswithout homestead land and which hasbeen residing in the area continuously fora period of not less than three yearspreceding the date of notification of theaffected area and which has beeninvoluntarily displaced from such area:

Provided that any such family in urbanareas which opts not to take the houseoffered, shall get a one-time financialassistance for house construction, whichshall not be less than one lakh fiftythousand rupees:Provided further that if any affected familyin rural areas so prefers, the equivalent costof the house may be offered in lieu of theconstructed house:Provided also that no family affected byacquisition shall be given more than onehouse under the provisions of this Act.Explanation- The houses in urban areasmay, if necessary, be provided in multi-storied building complexes.

2. Land for Land In the case of irrigation project, as far aspossible and in lieu of compensation to bepaid for the land acquired, each affectedfamily owning agricultural land in theaffected area and whose land has beenacquired or lost, or who has, as aconsequence of the acquisition or loss ofland, been reduced to the status of amarginal farmer or landless, shall beallotted, in the name of each personincluded in the records of rights with regardto the affected family, a minimum of oneacre of land in the command area of the

28

S.No. Elements of Rehabilitation andResettlement Entitlements

Entitlement/ provision

project for which the land is acquired:Provided that in every project those personslosing land and belonging to the ScheduledCastes or the Scheduled Tribes will beprovided land equivalent to land acquired ortwo and a one-half acres, whichever islower.

3 Offer for Developed Land In case the land is acquired for urbanizationpurposes, twenty per cent of the developedland will be reserved and offered to landowning project affected families, inproportion to the area of their land acquiredand at a price equal to the cost ofacquisition and the cost of development.Provided that in case the land owningproject affected family wishes to avail ofthis offer, an equivalent amount will bededucted from the land acquisitioncompensation package payable to it.

4 Choice of Annuity or Employment The appropriate Government shall ensurethat the affected families are provided withthe following options:(a) Where jobs are created through theproject, after providing suitable training andskill development in the required field,make provision for employment at a rate notlower than the minimum wages providedfor in any other law for the time being inforce, to at least one member per affectedfamily in the project or arrange for a job insuch other project as may be required; or(b) Onetime payment of 5 lakh rupeesper affected family; or(c) Annuity policies that shall pay notless than 2,000 rupees per month per familyfor 20 years, with appropriate indexation tothe consumer price index for agriculturallabourers

5 Subsistence grant for displacedfamilies for a period of one year

Each affected family which is displace fromthe land acquired shall be given a monthlysubsistence allowance equivalent to 3000rupees per month for a period of one yearfrom the date of award.In addition to this amount, the schedulecastes and the scheduled tribes displacedfrom scheduled areas shall receive anamount equivalent to 50000 rupees.In cases of displacement from the scheduledareas, as far as possible, the affectedfamilies shall be relocated in a similarecological zone, so as to preserve theeconomic opportunities, language, culture

29

S.No. Elements of Rehabilitation andResettlement Entitlements

Entitlement/ provision

and community life of the tribalcommunities.

6 Transportation cost for displacefamilies

Each affected family which is displacedshall get a onetime financial assistance of50,000 rupees as transportation cost forshifting of the family, building materials,belongings and cattle.

7 Cattle shed / Petty shops cost Each affected family having cattle or havinga petty shop shall get one time financialassistance of such amount as the appropriateGovernment may, by notification, specifysubject to a minimum of 25,000 rupees forconstruction of cattle shed or petty shop asthe case may be.

8 One time grant to artisan, smalltraders and certain others

Each affected family of an artisan, smalltraders or self-employed person or anaffected family which owned non-agricultural land or commercial, industrialor institutional structure in the affected area,and which has been involuntarily displacedfrom the affected area due to landacquisition , shall get one time assistance ofsuch amount as the appropriate Governmentmay, by notification, specify subject to aminimum of 25000 rupees

9 Fishing rights In cases of irrigation or hydel projects, theaffected families may be allowed fishingrights in the reservoirs, in such manner asmay be prescribed by the appropriateGovernment

10 One time Resettlement Allowance Each affected family shall be given aonetime “Resettlement Allowance” of50000 rupees only

11 Stamp duty and registration fee (1) The stamp duty and other fees payablefor registration of the land or houseallotted to the affected families shall beborne by the Requiring Body.

(2) The land for house allotted to theaffected families shall be free from allencumbrances.

(3) The land or house allotted may be in thejoint names of wife and husband of theaffected family.

Keeping in view the above provisions, R and R Package has been developed for Project

Affected Families, in consultation with district administration and local representatives; and

same is given in Table below.

30

R and R Package for PAFs

Clause

No.

Provision as per

"RFCT_LARR Act, 2013"

No. of

Eligible

nuclear

families /

persons

Rate as per

guidelines /

policies

Cost in Rs. (for

eligible families)

as per guidelines /

policies

Remarks

Rehabilitation and Resettlement package for Affected families (as per RFCT_LARR Act, 2013)

4 Choice of Annuity or Employment

The appropriate Government shall ensure that the affected

families are provided with the following options:

(A) where jobs are created through the project, after

providing suitable training and skill development in the required

field, make provision for employment at a rate not lower than the

minimum wages provided for in any other law for the time being in

force, to at least one member per affected family in the project or

arrange for a job in such other project as may be required; or

(B) one time payment of five lakhs rupees per affected family; or

(C) annuity policies that shall pay not less than two thousand

rupees per month per family for twenty years, with appropriate

indexation to the Consumer Price Index for Agricultural Labourers.

One member

from each family

will be provided

employment

(Option - A)

--

The candidates will be

provided suitable skill

development training as

required.

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Institutional Arrangement for R and R

A Resettlement and Rehabilitation Committee would be constituted in order to sensitize implementation of R

and R activities, administer financial flow, prioritize activities, advise in project implementation, monitoring

and evaluation. The committee would decide upon, from time to time various economic rehabilitation

packages and training programmes, keeping in mind people’s participation in various development schemes.

The committee would be as follows:

Supervisory Body

Commissioner for R and R

Project In Charge

Implementation Body

Administrator for R and R

Nominee of Project In charge

Representatives of Village Level Committees (VLC)

Representatives of women of the affected villages

Representatives of Nationalized Bank

Representatives of Forest Department

Representatives of Local NGOs

MLA/MP of the Area

Representative Scheduled Tribes residing in the affected area.

Land Acquisition Officer of the project

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Annexure 5

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34