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2022 Supreme(Online)(NGT) 2299
Item No.05 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)
M.A. No.38/2022/EZ In Original Application No.50/2022/EZ In the Matter of:-
Tribunal on its own motion Reg: Frequent Accident Occurring due to illegal coal mines in abandoned coal mines in Dhanbad, Jharkhand Applicant(s)
Versus
1. Integrated Regional Office, MoEF & CC, Ranchi Through Senior Scientist, Bungalow No.A-2, Shyamali Colony Doranda, Ranchi, Jharkhand-834002
2. Central Pollution Control Board Through Senior Scientist, Parivesh Bhawan, East Arjun Nagar, Delhi-110032
3. Jharkhand State Pollution Control board, Through Senior Scientist, H.E.C. Durwa, Ranchi-834004
4. District Magistrate, Dhanbad, Station Road, Pandey Muhalla, Dhanbad, Jharkhand-826001
5. Director General of Mines Safety Dhanbad, Ministry of Labour and Employment, DGMS Head Office, Sardar Patel Nagar, Dhanbad, Jharkhand-826001
6. District Mining Officer, Dhanbad, Combined Building, P.O.+P.S. & District-Dhanbad
7. Superintendent of Police/Senior Superintendent of Police, NH 32, Near General Post Office, Kasturba Nagar, Dhanbad, Jharkhand-826001 Respondent(s)
Date of hearing: 24.01.2023 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER For Applicant(s) : Suo Motu For Respondent(s) : Mr. Apurba Ghosh, Adv. for R-1, Mr. Surendra Kumar, Adv. for R-3, Mr. Ashok Prasad, Adv. for R-5
ORDER
1. The Original Application No. 50/2022/EZ was disposed of by this Tribunal vide its order dated 04.07.2022 with the following directions:-
“11. Considering the anomalies and non-compliance of the Mine Closure Plan noted by the Committee and the remedial action suggested by the Committee, we direct the Committee constituted by us to monitor the mining operations, so far as the implementation of Mine Closure Plan is concerned, at the sites in question in the present Original Application and to ensure strict compliance of the remedial measures suggested by the Committee within a time period of four months and file an affidavit of compliance by 11.11.2022. 12. With the aforesaid directions, the Original Application No. 50/2022/EZ is accordingly disposed of.
13. There shall be no order as to costs.”
2. Since no compliance affidavit had been filed, the present M.A. No.38/2022/EZ was taken up suo motu.
3. An affidavit dated 14.01.2023 has been filed by Respondent No.1, MoEF & CC, Ranchi.
4. As regards delay in filing the compliance report has been satisfactorily explained which we accept.
5. It is stated that compliances of M/s BCCL and M/s ECL were observed to be different, and, therefore, have been filed with the affidavit in two different tables.
6. Table-A relates to the compliance report on the Remedial Measures/Action Plan to Prevent Illegal/Unauthorized Coal Mining from Coal Mines of CV Area, BCCL and reads as under:-
A. “Compliance Report on Remedial Measures/Action Plan to prevent ILLEGAL/Unauthorized Coal mining from Coal Mines of CV Area, BCCL.
| Sl.N o. | Remedial steps/action plan suggested by the Hon’ble NGT and committee members to prevent illegal/unauthorized mining from coal mines based on site inspection on 20.05.2022 | Action Taken/Response Submitted By PP (M/S BCCL) | Latest observations/comp liance status based on site inspection on 09.11.2022 and documents submitted by PP. |
| 1. | Progressive and final mine closure Plan has to be followed strictly ECL, BCCL: As explained earlier accidents and death in Gopinathpur could have been avoided if Project Proponent (JPP) had followed the Mine Closure Plan and backfilled the exposed final coal face/highwall. Coal mines have their Progressive and Final closure Plan approved by Coal controller (under Ministry of coal, Govt. of India) or their Company Board. It was informed that ECL and BCCL board had been delegated the power to approve the Mine Closure Plan. In the mine Closure plan there are steps given/procedure enumerated so that step by step mine is closed in a scientific/systematic way for e.g. For opencast (o/c) mine backfilling of excavated/open pit, dozing and levelling the area of natural elevation, developing grassing vegetation and greenbelt on the dumps, levelled area, etc. Sometimes pits are partly filled and partly left for rainwater harvesting, groundwater recharge, etc. Overall, the aim is to either return the land in the way it was in earlier (premining) days (agriculture land, forest land) or to return to local community in a more better way (in the way of ponds, agriculture land, etc.) For u/g mine: All entries/openings to underground workings of abandoned/closed/discontinued mine/workings shall be effectively sealed off or filled upto ground level to prevent entry of persons through them. Implementation/Execution of Mine Closure activities as per the approved Mine Closure Plan is the responsibilities of Mining Companies (in this case M/s ECL, M/s BCCL). However, there is a need of supervision by Government regulatory agencies. In the case of non-coal major | I Mine closure guideline came into force in August 2009 and MCP’s of two operating mines of Cluster XVI of BCCL has been prepared and approved by BCCL Board: 1. DahibariBasantimata OCP 2. Basantimata Colliery Activities mentioned in Approved Mine Closure Plan of Basantimata Colliery &DahibariBasantimata OCP are being taken. Third party audit by IIEST Shibpur (MoC certified agency) and inspection by officials of CCO has bee |
