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2022 Supreme(Online)(NGT) 2312
Item Nos. 01 & 02 Court No. 1 NATIONAL GREEN TRIBUNAL, CENTRAL BENCH SUCHANA BHAWAN, IIIRD FLOOR, ARERA HILLS (By Hybrid Mode)
Appeal No. 12/2019(CZ)
(I.A. No. 69/2019 & I.A. No. 99/2020)
Sudiep Shrivastava Appellant Versus Union of India & Ors. Respondent(s)
WITH Appeal No. 16/2019(CZ)
(I.A. No. 82/2019, I.A. No. 96/2019 & I.A. No. 15/2021)
Hasdeo Aranya Bachao Sangharsh Samiti Appellant Versus Union of India &Ors. Respondent(s)
Date of hearing: 19.12.2022 CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER Appellant(s): Mr. Saurabh Sharma, Advocate for Appellant Respondent: Mr. Atmaram N.S. Nadkarni, Senior Advocate with Mr. Kunal Verma &
Ms. Yugandhara Pawar Jha, Advocates for Rajasthan Rajya Vidyut Utpadan Nigam Limited (PP)
For the Petitioner: SAURABH SHARMA
For the Respondent:
ORDER
1. This common order will deal Appeal Nos. 12 and 16/2019(CZ) which have been preferred against same EC dated 12.07.2019 for Parsa Opencast Coal Mining Project of 5 MTPA and Pit Head Coal Washery of 5 MTPA of M/s Rajasthan Rajya Vidyut Utpadan Nigam Limited in an area of 1252.447 ha at Hasdeo-Arand Coalfields in Districts Surguja and Surajpur (Chhattisgarh).
2. The impugned EC shows that it has been granted on recommendation of the EAC dated 21.02.2019, considering benefits of the project which include power generation, improvement of physical and social infrastructure, boosting of local economy. CSR activities for Rural Infrastructure development, Health & Sanitation, Education, Skill and entrepreneurship development, livelihood Development & farmers productivity. EC is subject to conditions with regard to compliance of environmental norms and taking mitigation measures.
3. Minutes of EAC dated 21.02.2019 for appraisal of the project are as follows:-
“Parsa Opencast Coal Mining Project of 5 MTPA and Pit Head Coal Washery of 5 MTPA of M/s Rajasthan Rajya Vidyut Utpadan Nigam Limited in an area of 1252.447 ha located at Hasdeo Arand Coalfields in Districts Surguja and Surajpur (Chhattisgarh)- For Environmental Clearance
43.4.3 The proposal was earlier considered by the EAC in its 26th meeting held on 15-16 February, 2018, wherein the Committee after deliberations and taking cognizance of the concerns raised during public hearing, desired for certain clarifications and details in respect of the following:-
(i) The response of the project proponent ‘MoEF&CC will grant Environment Clearance to the project only after thorough scrutiny of EIA/EMP Report through Expert appraisal Committee’ to the queries raised during public hearing regarding authenticity of data and facts mentioned in the EIA/EMP reports, was not acceptable. The Committee asked for an undertaking in this regard to be furnished by the project proponent.
(ii) Comments from the State Tribal Welfare Department regarding permission for the project from Gram Sabha, impact on livelihood of tribal population, and their concurrence as per the provisions of the Panchayats Extension to Scheduled Areas Act, 1996 (PESA Act) as applicable in the instant case.
(iii) The State Water Resources/Irrigation Department of the State Government to assess the cumulative impact of diversion of streams, and exiting and proposed mining operations on Hasdeo River.
(iv) Opinion of the State Wild Life Board regarding impact of existing and proposed mining operations on elephant movement and other wild life species needs to be sought, in view of part of the area proposed for Lemru Elephant Reserve.
43.4.4 The proposal was again considered by the EAC in its 341h meeting held on 24th July, 2018, wherein committee insisted for compliance of its earlier observations.
During the meeting held on 27th September, 2018, the committee noted the submission of the project proponent in response to its earlier observations. The same are reproduced as under:-
| Sr. No. | Observations of the EAC | Status of compliance by the PP |
| 1. | Comments from the State Tribal Welfare Department regarding permission for the project from Gram Sabha, impact on livelihood of tribal population, and their concurrence as per the provisions of the Panchayats Extension to Scheduled Areas Act, 1996 (PESA Act) as applicable in the instant case. | RVUNL vide its letter dated 6th April 2018 requested State Tribal Welfare Department to provide its comment and the State Tribal Welfare Department, in turn, vide their letter dated 18th May 2018 sought comments from the Collector, District Surguja & Surajpur on the observation of the EAC. The District Collector (DC) Surguja & Surguja vide their letters dated 28th May 2018 and 1st June 2018 respectively replied to State Tribal Welfare Department. Subsequently, State Tribal Welfare Department has forwarded the same to MoEF&CC vide its letter dated 7th June 2018. |
| 2. | The State Water Resources/Irrigation Department of t | |
