JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. This Appeal under Section 16(h) of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act 2010’) has come up against Environmental Clearance (hereinafter referred to as ‘EC’) dated 11.07.2022 issued by Government of India, Ministry of Environment, Forest and Climate Change (hereinafter referred to as ‘MoEF&CC’) to M/s Maharashtra State Power Generation Company Limited (hereinafter referred to as ‘MSPGCL’) i.e., respondent 4 for mining at Gare Palma, Sector-II, Coal Mine Project of Open Cast, 22.0 Metric tonne per annum (hereinafter referred to as ‘MTPA’) + Under Ground - 1.6 MTPA capacity in mining lease area of 2583.48 hectares located in villages Tihli Rampur, Kunjemura, Gare, Saraitola, Murogaon, Radopalli, Pata, Chitwali, Dholnara, Jhinka Bahal, Dolesara, Bhalumura, Sarasmal and Libra, Tehsil-Gharghoda, District Raigarh (State of Chhattisgarh).

2. Appeal has been preferred by four appellants namely Kanahi Ram Patel, Premashila Ratiya, Narad and Ms. Rinchin.

3. Appellant 4 i.e., Ms. Rinchin has appeared before Tribunal and argued in person.

4. MSPGCL submitted a proposal no. IA/CG/CMIN/52019/2016 seeking EC under Environment Impact Assessment Notification dated 14.09.2006 (hereinafter referred to as ‘EIA 2006’) for mining of coal, covered under Category ‘A’ of item 1(a) “Mining of Minerals” in the Schedule of EIA 2006, to MoEF&CC. Coal mining was proposed in a total lease area of 2583.48 hectares falling in various villages of Tehsil- Gharghoda, District Raigarh (State of Chhattisgarh). The proposal document furnished following information, in brief, as under:

“51.4.2 Details of the proposal, as ascertained from the proposal documents and as revealed from the discussions held during the meeting, are given as under:

(i) The project area is covered under Survey of India Topo Sheet NoF44L7 F44L8 F44L11 F44L12 and is bounded by the geographical coordinates ranging from latitude 22(cid:176)06’24.215" N to 22(cid:176)10’49.891" N and longitudes 83(cid:176)26’15.433" E to

83(cid:176)31’12.632" E.

(ii) Coal linkage of the project is proposed for captive use for various thermal power plants of Mahagenco namely Chandrapur Thermal Power Station Unit 8 & Unit 9 (1000 MW), Koradi Thermal Power Station Unit 8, Unit 9 and Unit 10 (1980 MW), Parli Thermal Power Station Unit

8 (250 MW).

(iii) Joint venture cartel has been formed –Not applicable.

(iv) Project does not fall in the Critically Polluted Area (CPA), where the MoEF&CC’s vide its OM dated 13th January, 2010 has imposed moratorium on grant of environment clearance.

(v) Employment generation, direct employment to 3400 persons will be provided from the project.

(vi) The project is reported to be beneficial in terms of-Coal from this project will be used in power generation in Maharashtra, which will help in reducing gap in demand and production of electricity in the State, based on the requirement of the people of the project area, the development activities will be taken up. The basic requirement of the community will be strengthened by extending health care, educational facilities, providing drinking water to the villages affected, building/strengthening of existing roads in the area etc.

(vii) Total mining lease area as per block allotment is 2583.48 ha. Mining Plan (Including Progressive Mine Closure Plan) has been approved by the Ministry of Coal on 12.08. 2016.

(viii) The land usage pattern of the project is as follows:

Pre-mining land use details (Area in Ha)