State permissions for river embankment development upheld on expert reports showing no environmental harm; monitoring committee directed for precautionary compliance with zoning guidelines under public trust doctrine.

ORDER

1. The grievance of the applicant is noncompliance of the draft notification and guidelines issued from the Ministry of Housing and Urban Affairs providing the prohibited activities zones and restricted activities zones from the embankment of the river and dumping of solid waste at the bank of the river. The contention of the applicant is that in the District of Dantewada, Bailadila Iron Ore Mines are situated and Respondent No.8 which is a company involved is extracting iron ore from Bailadila mines and has received a “No Objection” on 19.05.2021 subject to certain conditions from the Chhattisgarh Environment Conservation Board for dumping the dry tailings (waste) of iron ore in a pit at the embankment of the river, adjoining to the river bank of river Dankani. That, Respondent No.8, in 2021 dumped the iron ore waste near the river bed (near the cremation ground) in District headquarters in Dantewada. Construction of a retaining wall on the river bed to 2 prevent wet leakage and washing away of the tailing in the river was started and completed up to plinth level in 2021 and after the objections the construction of this retaining wall was stopped and has not been dismantled till date. A large quantity of tailing dumped in 2021 washed away in the floods of 2022. Again the Chhattisgarh Environment Conservation Board on 25.04.2023 and the Collector Dantewada on 14.06.2023 issued a new “No objection certificates” to dump more tailings at the same site and the private party by destroying the biodiversity has dumped the tailings and filled the pit at the embarkment of the river Dankani. After the intervention of the Chhattisgarh State Biodiversity Board the Collector Dandewada issued orders to remove the dumped tailing but it has still not been removed.

2. It is further contended that the forest authorities called a report from two experts and on the basis of expert report it was reported that the proposed construction has no environmental effect on the eco system or bio diversity of the area. Further contention of the applicant is that the report is not based on any scientific criteria.

3. The matter was taken up by this Tribunal and Chhattisgarh Environment Conservation Board (CECB) Raipur was directed to submit the report on the point in issue. Learned Counsel for the CECB has filed the reply and argued that in the District of Dantewada, Bailadila Iron Ore Mines are situated and Respondent No.8 which is a company involved is extracting iron ore from Bailadila mines and has received a “No Objection” on 19.05.2021 subject to certain conditions from the Chhattisgarh Environment Conservation Board for dumping the dry tailings (waste) of iron ore in a pit at the embankment of the river, adjoining to the river bank of river Dankani and construction of a retaining wall on the river bed to prevent wet leakage and washing away of the tailing in the river was started and completed up to plinth level in 2021 and after the objections the construction of this retaining wall was stopped and has not been dismantled till date and that again the Chhattisgarh Environment Conservation Board on 25.04.2023 and the Collector Dantewada on 14.06.2023 issued a new “No objection certificates” to dump more tailings at the same site and the private party by destroying the biodiversity has dumped the tailings and filled the pit at the embarkment of the river Dankani.

4. The Members of the State Pollution Control Board with the Asst.Engineer and Regional Officer visited the site and submitted the observation as recorded as follows :

a. That at the time of inspection land filling and levelling was haulted.

b. It was observed that ta