SURESH ORAON Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE present writ petition has been filed in the name of Public Interest Litigation seeking direction to issue mandamus to the respondent to stop mining and related work within 3 Km. area of any village/cluster and direction to the respondents not to do deep hole blasting and general blasting within three Km. area of any village/cluster and further direction and order to the respondent to immediately remove the coal reservoir from the residential area of Kusumtola of Chatra District and to pay the compensation to every victim of the Kusumtola of village Henjda to the tune of Rs. One lac. It has been stated in the writ petition that the respondents are doing open cast mining in Kusumtola of Tandwa Block at Chatra District and they are doing deep hole blasting in the area without following the stipulated norms. It is also stated that F.I.A.N. (Food First Information and Action Network with Human Rights Against Hunger) Germany had done a fact finding on the above mentioned problem of the Kusumtola and submitted report to the Prime Minister of India and asked for immediate action. It is further stated that in furtherance of which the Hon'ble Prime Minister office had send a letter to the Chief Minister of Jharkhand which was forwarded to the Home Department, Government of Jharkhand and the same was forwarded to the Sub Divisional Magistrate, Chatra. In the light of the said letter, a proceeding was held under Section 133 Cr.P.C. and an absolute order was passed on 16th November, 2011. In the said proceeding, following findings have been recorded in the order dated 16th November, 2011: -

(2.) IT is submitted by the counsel for the petitioner that the petitioner himself visited the said area and done a fact finding and collected some of the photographs, which prove the act of illegality of the respondents and it farther proves that the order of the Sub Divisional Magistrate has never been followed by the petitioner. Then the petitioner gave the facts and the law relating to the air, water and noise pollution as well as of public nuisance and elaborated the threat the life and limb of the villagers and specially the school children and indicated that it will result into the erosion of forest. Along with the petition, the petitioner placed on record photographs of houses having damages and so many cracks in the houses. On the 10.07.2012, this Court directed the respondent to look into the matter immediately because it has been alleged that due to the blasting etc. properties of the residents is being damaged which is apparent from the photographs. On 03.01.2013, the respondent company submitted that the respondent after obtaining the requisite permission from the competent authority, is undertaking the mining operation including the mining by blasting within the area which has been given to the respondents for mining operation. Therefore, the other issues which we have also taken note of. Then, this Court directed the Deputy Commissioner, Chatra to submit a detailed report about the conditions of the Damodar river near the C.C.L. area in question. In pursuance of it, learned counsel appearing for the State has shown us several photographs which we have perused and have been shown to the learned counsel for respondent -company. The learned counsel for the respondent -company drew our attention to the reply filed to answer the affidavit filed by the Deputy Commissioner, Chatra. According to the learned counsel for the respondent -company the area in question where the mining operation is going on, is the Purnadih open cast project of the respondent -company -M/s. C.C.L. The said Purnadih open cast project is an area of 751.74 Hectares. This project includes both surface and underground together with mining lighter which have been acquired by the Union of India for coal mining purpose vide notification dated 14.05.1990. The respondent -C.C.L. to carry out mining of coal through open cast upon the acquired land of the Purnadih O.C.P. were required to obtain prior environment clearance under the provisions of Environment Prevention Act, 1986 and the Rules framed thereunder as also under E.I.A. Notification, 2006. According to the learned counsel for the respondent, for the said purpose, the respondents applied for the terms of reference (TOR) which was granted by E.A.C. and thereafter, Environment Management Plan was submitted to the State Pollution Control Board. A public hearing of stake holders was held and the E.M.P. was submitted before the Expert Appraisal Committee of M.O.E.F. The E.A.C. has also approved Environment Management Plan of the respondent -company. The said approved plan of the E.A.C. was placed before the Ministry of Environment and Forest and M.O.E.F. having fully satisfied with the Environment Management Plan for carrying out the coal mining project of 3 million tone per annum production has been pleased to grant environmental clearance vide their order/letter dated 19 May, 2009. As per the reply of the respondent -company, Purnadih O.C.P. stretches right upto the bank of river Damodar and therefore, the M.O.E.F. has imposed a condition laid down in Para 2A(iv) which provides that M/s. C.C.L. has to construct an embankment on the bank of the river stretching upto 4.4 kms. and the height of the embankment has to be at least 5 mts. i.e. about 15 feet of the highest flood level. We are not concerned with this condition for embankment. Then in Para 10, it has been stated that the respondent -company also obtained 'No Objection Certificate' under the Water Act, 1974 as also under Air Act, 1981. Then, the State Pollution Control Board inspected the site and on being fully satisfied with respect to the claim of the petitioner, granted N.O.C. to the respondent from 16.11.2010.

(3.) IN the background and strength of these certificates, the respondent -company started coal mining operation in the area. This area as per the Para 13 of the reply of the respondent is water deficient area and little water is collected in the lease hold area is used for sprinkling on the roads and other mining uses such as fire fighting, washing of HEMM etc. Empathetically it has been stated that not a drop of water is discharged by the respondents into the river Damodar from any point within the lease hold area. It is stated that during the mining operation, quarrying of coal over burden is removed and the same is dumped at a distance of about 500 mts. away from the river bank. No over burden is dumped into river Damodar. In any case, this over burden, presently kept at O.B. dumped is to be filled up after extraction of coal is complete, then it is stated that the respondent -company has planted 250 trees per hectares.