Item No. 08 Court No. 1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No. 722/2024 News Item titled "Birbhum - a proposed coal mine in West Bengal and the related health hazards" appearing in The Hindu dated 12.05.2024 Date of hearing: 03.07.2024 CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

ORDER

1. This Original Application is registered suo-motu on the basis of the news item titled "Birbhum - a proposed coal mine in West Bengal and the related health hazards" appearing in The Hindu dated 12.05.2024.

2. The matter relates to West Bengal government’s ambitious 35,000 crore Deocha Pachami coal block mining project at Mohammad Bazar in Birbhum district (West Bengal). As per the article, the project has been facing protest over land acquisition. The article states that the government is planning to start mining at the Deocha Pachami coal block, considered to be the largest coal block in the country with reserves of around 1,198 million tonnes of coal and 1,400 million cubic metres of basalt, spread over an area of 12.31 sq. km, which is around 3,400 acres. There are around 12 villages in the project area with a population of over

21,000, comprising Scheduled Castes and Scheduled Tribes.

3. The article highlights that the village Kendrapara is surrounded by scores of stone quarries, which seem to be grinding stones in stone chips round the clock. The entire village is surrounded by a thick layer of dust.

4. The news item states that the doctors and suppoting medical staff at the Bharkata Primary Health and Wellness Centre in the area want the health facility being shifted due to the constant pollution from the stone quarries. The doctors at the medical facility state that 250 stone crushers and 150 stone quarries in the area are working around the clock and in the past few months three cases of silicosis have been detected. The doctors feel that there are many more hidden cases of Silicosis in the area. Silicosis is a life threatening condition where the elasticity of the lungs are affected and the reason is mostly inhaling of micro particles during stone quarrying and stone crushing.

5. The above news item indicates violation of the provisions of the Environment Protection Act, 1986.

6. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

7. Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.

8. Hence, we implead the following as respondents in this matter:

i. Central Pollution Control Board, Through its Member Secretary Parivesh Bhawan, East Arjun Nagar, Delhi-110032 ii. West Bengal Pollution Control Board, Through its Member Secretarty Paribesh Bhawan, 10A, Block-LA, Sector-III Bidhannagar, Kolkata-700 106 iii. Ministry of Environment and Forest, Regional Office Integrated Regional Office, Kolkata IB – 198, Sector-III, Salt Lake City, Kolkata – 700106 iv. District Magistrate, Birbhum Administrative Building, Suri Main Rd, Suri, West Bengal

731101

9. Let notice be issued to the above Respondents for filing their response before the Eastern Zonal Bench of the Tribunal.

10. Since the matter relates to the Eastern Zonal Bench, Kolkata, therefore, OA is transferred to the Eastern Zonal Bench for appropriate further action. Let the original record of this OA be transferred to the Eastern Zonal Bench, Kolkata.

11. List before Eastern Zonal Bench at Kolkata on 11.09.2024.

Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 03, 2024 O.A. no. 722/2024 HB