J National Green Tribunal

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2014 SCC OnLine NGT 6897
Before the National Green Tribunal Central Zonal Bench, Bhopal

(BEFORE DALIP SINGH, J.M. AND P.S. RAO, E.M.)
Between:
Aam Janta through their Sarpanches … Applicants;
1. Santosh Bhai Sarpanch of Gram Panchayat, Mahurachh
Kandaila, Janpad Panchayat Rampur Baghelan, District Satna
(M.P.) … Applicants;
2. Suneeta Tiwari Sarpanch of Gram Panchayat Malgaon, Janpad
Panchayat Rampur Baghelan, District Satna (M.P.) …
Applicants;
3. Mamta Verma Sarpanch of Gram Panchayat Sijahata, Janpad
Applicants; … Applicants;
4. Urmila Singh Sarpanch of Gram Panchayat Bathiya, Janpad
Applicants;
5. Suneeta Tiwari Sarpanch of Gram Panchayat Mankahari, Janpad
Applicants;
Versus
1. The State of Madhya Pradesh Through the Secretary,
Department of Industries, Mantralaya, Vallabh Bhawan, Bhopal
(M.P.) … Respondents.
2. Madhya Pradesh Pollution Control Board Through its Chairman
Paryavaran Parisar, E-5, Arera Colony, Bhopal (M.P.) …
Respondents.
3. District Collector, Satna District (M.P.) … Respondents.
4. Sub Divisional Officer Rampur Baghelan, District Satna (M.P.) …
Respondents.
5. M/s. Prism Cement Ltd. Through its General Manager, Rajdeep,
Rewa Road, Satna, District Satna (M.P.) … Respondents.
Original Application No. 35/2013 (CZ)
Decided on February 21, 2014
Counsel for Applicant:
Shri S.P. Tiwari, Advocate
Counsel for Respondents 1, 3 & 4:
Shri Sachin K. Verma, Advocate
Shri Ayush Dev Bajpai, Advocate
Counsel for Respondents 2:
Shri Shivendu Joshi, Advocate for
Shri Purushaindra Kaurav, Advocate
Counsel for Respondent 5:
Shri Ajay Gupta, Advocate
JUDGMENT
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1. This case was originally filed as PIL in Writ Petition No. 1519/2013 in the Hon'ble
High Court of Madhya Pradesh, Principal Seat at Jabalpur by the Sarpanches of 5 Gram
Panchayats i.e., Mahurachh Kandaila, Malgaon, Sijahata, Bathiya & Mankahari of
Janpad Panchyat Rampur Baghelan, District Satna (M.P.). As per the order dated
04.12.2013 passed by the Hon'ble High Court in accordance with the judgment dated
09.08.2012 of the Hon'ble Supreme Court in Bhopal Gas Peedith Mahila Udyog
Sangathan v. Union of India the case was transferred to Central Zone Bench of
National Green Tribunal at Bhopal and registered as Original Application No. 35/2013.
2. The petitioners in their petition have stated that they are not challenging any
specific order but seeking issuance of directions by the Hon'ble Court to the
Respondent No. 5, Prism Cement Ltd. to stop pollution from its plant and improve
sanitation in the open area of the Gram Panchayats where the plant is located and
thereby prevent causing damage to the environment as well as to the people living in
the surrounding villages. By not providing proper sanitation facilities to the employees
and labourers working for the cement factory as well as due to not providing proper
parking facilities to the heavy vehicles operated by/for the factory the environment in
the surroundings of these villages is getting damaged, filth is getting accumulated
resulting in insanitary conditions of the environment and pollution. The dust emitted
by the cement plant is damaging the agriculture crops due to which the farmers are
suffering. The Petitioners submitted that they have been authorized by their respective
Gram Panchayats by passing a resolution, to file the PIL and to put up their grievances
before the Hon'ble High Court so that they may get favorable orders directing the
Respondent No. 5, Prism Cement Ltd. to take immediate action in preventing pollution
and avoid consequent damage to the environment in the surroundings of their
villages, health of the people as well as to their agricultural crops. They also stated
that resolutions passed by the Gram Panchayats were forwarded to the factory
management to look into the concerns of the villagers but due to the indifferent
attitude of the factory management there is no improvement in the situation and no
concrete steps are taken in this regard and the villagers continue to suffer. They
further stated that they have personally met the officials of factory management a
number of times and made representations to control pollution and avoid causing
damage to the environment but the requests went unheeded and no concrete steps
were taken by the management to redress the grievances of the villagers as well as in
reducing the pollution caused by the factory. They contended that the factory
management has not taken any favourable steps for the interest and welfare of the
villagers, whereas before establishing the factory, many assurances were given and it
was also declared by the factory management that the aforesaid 5 Gram Panchayats
which are situated adjacent to the factory, will be adopted by the factory. The
Petitioners representing the aforesaid 5 Gram Panchayats further contended that they
have even filed a common representation and served notices to the management of
the factory but still no action has been taken.
3. Due to irregular parking of heavy vehicles in the premises and surroundings of
the truck yards and due to not providing any residential or sanitary facilities to the
truck drivers and others including the labourers working for and on behalf of the
factory, it is resulting in haphazard discharge of huge quantity of filth and solid waste
as well as releasing of sewage water which is flowing freely into the surroundings
including the roads, agriculture fields and common lands of the villages and the
garbage is getting littered everywhere leading pollution in the surroundings of their
villages. The pollution as well as improper handling of the vehicles moving from and to
the mining sites as well as factory site is not only causing damage to the environment
but also affecting the health of the villagers. Irregular dumping of solid waste and poor
sanitary conditions are a regular practice in the vicinity of truck yards. Even the school
children and passersby particularly girls and women, are not able to move freely due
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to heavy traffic and filth created by the truck drivers and workers. Walking of the
people is restricted because of heavy traffic congestion caused by the movement and
parking of large no. of trucks. The dust generated by the factory is not only creating
health problems to the villagers but also damaging the standing agriculture crops
leading to reduction of yield and loss of income to the farmers. Therefore it has
become very difficult for the people to live there and the villagers are suffering both
from economic point of view and health point of view besides undergoing mental
stress. The petitioners contended that irreparable damage is being caused to the
environment which cannot be compensated in terms of money.
4. They further stated that due to pollution, poor sanitation and filth created by the
labourers and truck drivers, their Gram Panchayats have been deprived of the
opportunity of getting nominated to the ‘Nirmal Gram Panchayat Puruskar’ instituted
by the Ministry of Rural Development, Govt. of India for awarding to those Gram
Panchayats which achieve 100% sanitation and have zero occurrence of open
defecation by maintaining clean environment in their surroundings.
5. The petitioners further contended that due to uncontrolled blasting of the mines
by the Respondent No. 5, Prism Cement Ltd. houses of the villagers are getting
damaged and due to excess digging of mines the quarrying pits have gone so deep
that the adjacent river water is entering into those empty pits leading to wastage of
water and drying up of the river causing shortage of drinking water.
6. In the above circumstances, the Petitioners prayed that the Respondent No. 5,
Prism Cement Ltd. may be directed to properly manage the truck yards for orderly
movement and parking of the heavy vehicles and operate the mines and the factory in
such a manner that pollution is arrested in their surroundings.
7. The Respondent No. 5, Prism Cement Ltd., Mankahari, District Satna filed its
reply on 10.09.2013 denying the averments made by the Applicants. The Respondent
No. 5 filed affidavit dtd. 20.09.2013 in compliance of the orders dated 10-9-2013 of
this Tribunal. The Respondent No. 5 stated that the commercial production of the plant
commenced on 1st August, 1997 after the company got mining lease for lime stone
mining over an area of 1861.39 hectares which is renewed from time to time. The last
renewal was done for a period of 20 years with effect from 10.12.2007. It was stated
that the factory is an ultra-modern cement producing unit incorporating energy
efficient state of the art technology and complying with all the environmental norms.
The factory takes up open cast mining of lime stone with controlled blasting as per the
provisions of Regulation 164(1B)(a)(b) of the Metalliferrous Mines Regulations (MMR)
1961. The factory was permitted by Director of Mines Safety, Jabalpur for undertaking
controlled blasting within 300 mt but beyond 100 mt of structures/buildings vide
order dtd. 09.09.2004 filed at Annexure R-5/2. The Central Mining Research Institute
(CMRI) conducted investigations into ground vibrations, air overpressure and fly rock
dispersal and arrived at certain parameters for the mining site in question duly
studying the impact of ground vibrations and Peak Particle Velocity (PPV) with the
distance and accordingly the company has taken up controlled blasting as per the
parameters fixed and guidelines issued by the CMRI duly following ultra-modern
technology. They are also strictly monitoring the seismic vibrations during the
controlled blasting by installing approved and calibrated seismographs which record
the vibrations with advance Raydet system which in turn are verified on daily basis
(Annexure R-5/8). The Respondent No. 5 further stated that they regularly monitor
Ambient Air Quality (AAQ) standards as well as the water quality and send periodical
reports to Indian Bureau of Mines (IBM) as per the conditions prescribed. They also
submit periodical reports to the Madhya Pradesh State Pollution Control Board
(MPPCB). The Respondent No. 5 filed copies of documents at Annexure R-5/9 and R-
5/10 indicating the technical data on PPV.
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8. The Respondent company have also filed a set of documents listing the
prizes/awards won by it for complying with the mine safety norms for different years
during ‘Mine Safety Weeks’ organised by the Director General of Mines Safety (DGMS)
at all India level. The company also placed on record the awards it won from the IBM
during ‘Mines, Environment and Mineral conservation weeks’ based on which the
company was granted permission for carrying out the blasting just beyond a distance
of 100 mt. from the dwellings.
9. The company has been awarded with Bureau Veritas Certification SA 8000: 2008
dtd. 30.09.2009, which is filed at Annexure R-5/15. The company also claims that
they have been awarded ‘3 leaves’ placing the company at 3rd position at all India
level among all the cement factories for over all working efficiency including mining
and production technology as per the study conducted by Centre for Science &
Environment (CSE), New Delhi under the green writing project on the cement industry
which is filed at Annexure R-5/16. They have also been awarded with pollution control
and environmental conservation certificate by the Government of Madhya Pradesh for
the years 2004-2005 and 2008-2009.
10. With respect to Corporate Social Responsibility (CSR) the company stated that
they provide employment to the local villagers and they have established a hospital as
well. They also established a school in which not only the wards of company
employees but also the children of the local villagers are imparted with good
education. The company is helping the local Gram Panchayats and organizing the
community welfare programmes for the benefit of the villagers. The company has also
undertaken steps for filling the mine pits and for establishing the reclaimed areas it
has undertaken plantation of about 1,50,000 trees.
11. With regard to the alleged pollution caused by the heavy movement of trucks
and poor maintenance of the truck yards the Respondent no. 5 states that the
company has constructed one parking yard on its own and two yards were taken on
contract basis. All the three yards have sanitation facilities including toilets for the
truck drivers and the workers and no garbage and/or filth is allowed to let into the
public places and whatever sewage is generated by the company it is treated in the
sewage treatment plant and the treated water is reused by the company.
12. The contention of the petitioner that blasting is causing damage to the houses
is not correct. And the petitioner has not furnished any details of the so called
damaged houses and whatever houses were getting affected were acquired by the
company after payment of suitable compensation. As the depth of mine is hardly 10 to
12 mt. and utmost 16 mt. there is no flow of river water entering into the mine pits as
the lowest level of the pit is located at higher elevation than the river bed. Even
otherwise 60 mt safety belt is maintained all along the river.
13. Inspite of giving opportunity to file their replies, the Respondents No. 1
Secretary, Department of Industries, Government of Madhya Pradesh, Respondent No.
2 District Collector, Satna and Respondent No. 4 Sub Divisional Officer, Rampur
Baghelan, District Satna (M.P.) failed to file their replies and hence they forfeited their
right to file reply.
14. The Respondent No. 2 MPPCB after inspecting the site on 31st August, 2013
submitted reply dated 06.09.2013, wherein it was stated that the Applicants have not
specifically stated as to what kind of pollution is being caused by the industry. It was
stated that there are 3 truck yards under use by the factory which are located adjacent
to National Highway 75 at about 20 mt. distance in respect of yard 1 & 2 and 200 mt.
in respect of yard no. 3 and no such pollution alleged to have been caused, as stated
in the petition, is noticed. With regard to alleged damage to the houses due to
blasting of the mines by the Respondent No. 5 it was stated that IBM is the
designated authority responsible for granting clearances and monitoring as to whether
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correct procedure is followed by the company or not. Therefore, in this regard MPPCB
has written letters to IBM. The MPPCB further stated in their affidavit with respect to
noise pollution that they have recorded the noise levels and found them under the
prescribed limits. However, with respect to the pollution caused by the particulate
matter they were unable to collect and analyze the data due to monsoon season. As
far as damage to the agricultural crops is concerned it was stated that no such
complaints have been received by the MPPCB from the farmers. However, they have
written to the concerned Deputy Director, Agriculture but due to monsoon season no
monitoring could be done. With regard to depletion of water in the adjacent river due
to the alleged excess quarrying in the open cast mines by the Respondent no. 5, it
was stated by the MPPCB that it is the responsibility of the concerned State
Government Department to look into the allegation. In respect of diseases alleged to
have been caused to the villages living in the surroundings of the factory, the MPPCB
has written letters to Block Medical Officer and regularly pursuing the matter. On the
whole, the Respondent No. 2, MPPCB has not brought out any irregularity/violation of
environmental laws by the Respondent No. 5, Prism Cement Ltd. However, the MPPCB
has suggested certain measures to be adopted by the factory management in
improving the sanitation and maintenance of truck yards.
15. Subsequently, as directed by the Tribunal on 10.09.2013 the MPPCB conducted
fresh inspection on 20.09.2013, 21.09.2013 & 08.10.2013 and submitted a detailed
compliance report dtd. 28.10.2013. It was stated that the Sijahata and Hinauti mines
are located at about 70 mt away from the river Tamas and depth of the mining pits is
upto 12 - 18 mt. The air quality monitoring at the mining site was found to be below
prescribed limits. The compliance report further states that the factory is operating
two crushers inside the plant premises and air pollution control equipment as required
in accordance with the prescribed norms, was installed by the factory and the AAQ
monitored at 4 points inside the plant was found to be within the prescribed limits.
16. With respect to AAQ monitoring outside the premises of the factory the data
was recorded in all the 6 villages surrounding the factory namely Sijahata, Hinauti,
Mankahari, Bamhauri, Narsinghpur & Mahurachh on 8-10-2013. All these villages are
located at a distance varying from 1-3 km. from the factory and all the petitioners
belong to 5 of these villages. The data indicated that the PM10 and PM2.5 levels are
found below the prescribed limits. It was also stated by the MPPCB that the physical
and chemical parameters of the water quality monitoring samples of the river Tamas
taken on 3-10-2013, are found to be within the prescribed limits and no pollution was
indicated.
17. The reports furnished by the Agriculture Department have been placed on
record by the MPPCB wherein it was stated that excluding the rainy season it is
apprehended that partial damage to the agricultural crops may take place due to the
of dust emanated by the movement of the trucks. However, the report does not
specify any concrete damage caused to the agricultural crops. It is only an
apprehension. The soil testing report does not indicate any damage to the soil and no
pollution was found to have been caused to the crops.
18. The MPPCB has filed a detailed statement as Annexure (R-11) indicating point
wise compliance status of the conditions laid down in the Environmental Clearance
(EC) dtd. 22.09.2008. As per the report of the MPPCB all the conditions prescribed in
the EC were found to be satisfactorily implemented by the factory. The company has
planted about 51,500 trees in the plant premises and around 1,34,000 trees in the
mining areas to fulfill the condition of developing green belt constituting about 33% of
the total area. The industry has installed four AAQ monitoring stations. It is submitting
the AAQ monitoring and stack emission monitoring results on monthly basis to MPPCB
and on six monthly basis to the Central Pollution Control Board (CPCB). The industry is
not discharging any sewage/industrial waste water as this plant is producing cement
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under dry process. For domestic sewage STP of sufficient capacity has been
established and samples tested reveal that they are within the prescribed limits. The
industry is also monitoring the Ambient Noise levels which are found to be within the
prescribed standards.
19. Thus as stated above, the MPPCB after conducting detailed inspection during
August, September & October, 2013 have categorically repudiated the contention of
the Applicants that the factory and its mining operations are causing any perceptible
pollution to the surroundings of the villages. The MPPCB however that the factory
management is required to undertake improvement works with regard to maintenance
of truck yards in general and sanitation in particular.
20. With regard to the allegation of irregular blasting of mines being carried out by
the company, the Deputy Mine Controller, Indian Bureau of Mines, Regional Monitoring
Centre, Jabalpur appeared before the Tribunal on 20.11.2013 and submitted a report
dtd. 19.11.2013 stating that a joint inspection was carried out on 17.11.2011 by IBM
and state Govt. officials and it was noticed that in the dwellings of Hinauti Village no
cracks were observed in respect of ‘Pakka’ houses whereas some cracks were noticed
in ‘Kachha’ houses. However, it cannot be established that the cracks are due to
blasting. The inspection reveals that blasting was being carried out as per CMRI
recommendations based on ground vibration study. He further stated that as per the
approved mining plan there is no proposal of undertaking mining by blasting method
within a distance of 100 mt. from the habitation i.e. dwellings/houses and inspection
revealed that no such blasting was going on within 100 mt. of dwellings/houses.
21. The Applicants have raised various issues related to poor sanitation in the
vicinity of their villages, damage to agriculturl crops, damage to their dwellings due to
blasting in the mines though none of these allegations are sustainable as per the
reports filed by the MPPCB. However, it is a fact the truck yards of the factory require
improvement in maintenance to avoid sanitation problems in the vicinity of the
villages. Environmental protection and right to clean environment has found due
recognition in terms of Article 51A(g) and Article 21 of the Constitution of India. This
places greater obligation upon the Tribunal to examine the sustainable and planned
development with a greater caution and with special protection to the environment.
The Respondent No. 5 Prism Cement Ltd. should not carry on any activity which would
be injurious to the environment or cause its degradation as well cause any damage to
the quality of life of villagers and their health and at the same time ensure compliance
of all safety conditions.
22. Considering the detailed inspection reports filed by the MPPCB and documents
produced before us by the Respondent No. 5 in it's replies, we consider it fit to give
the following directions to the Respondent No. 5 Prism Cement Ltd. to implement
them as a part of Corporate Social Responsibility (CSR) and as provided in the letter at
Annexure R/5 dated 16.08.2013 and also keeping in view that all the five Gram
Panchayats where this particular unit is located, have unanimously passed a resolution
in their Gram Sabhas bringing certain difficulties faced by the villagers and damage
caused to the environment and pollution apprehended/caused in their surroundings by
the factory and mining of lime stone quarries in their village limits.
(1) The company should maintain a good relationship with all the stake holders
particularly with the local villagers where the unit is located and where its mines
are located for the common good and should demonstrate its commitment by
way of undertaking various welfare measures incorporated in the conditions and
their letter at Annexure R/5 dtd. 16.08.2013. They should not just limit their
activities for increasing their profits but strive to fulfill their Corporate Social
Responsibility on a continuous basis as long as the unit is under operation. They
should integrate the economic, environmental and social objectives into their
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working system and they cannot escape from their responsibility of maintaining
clean environment and avoid causing inconvenience and damage to the villagers
which affects their quality of life.
(2) We direct the Respondent No. 5 to set apart required amount from their profits
in order to ensure remedying of the damage caused to the environment as the
Applicants have sought protection of environment in their village limits and
prevent damage to the houses and also enforce the provisions of Environment
(Protection) Act, 1986.
(3) Where there is a continuity of environmental degradation, the Respondent No. 5
shall continue to undertake remedial measures till the nuisance, degradation or
damage is brought to halt. We have no hesitation in holding that there is urgent
need to address problems of environmental degradation and concerns of villagers
and therefore, the factory and mining areas including the truck yards require
revamping, upgradation and modernization. The company shall take suitable
steps to do needful as it is supposed to avoid environmental problems and cater
to the needs of the local people. Besides strictly following the provisions of the
Environment (Protection) Act, 1986 and rules made thereunder as applicable to
the unit and besides regularly furnishing the statutory reports to the concerned
enforcing authorities the company shall immediately undertake the following
improvement works:—
(i) The truck yards located at Village Narsingpur, Chibura turning requires
improvement by replacing the existing ‘kachha’ ground which is reported to
be un-metalled and filthy with cement concrete flooring to reduce dust
pollution and for keeping the premises clean and neat. Beside the above,
sanitary and water facilities have to be improved to cater to the needs of all
the truck drivers and labour and avoid them going out and causing damage to
the surroundings particularly in the open fields and village lands. The report of
the MPPCB filed at Annexure (R-1) also clearly suggests certain shortcomings
in the truck yards and measures to be undertaken and to be complied by the
factory management.
Similar improvement works are also required to be undertaken by the factory
management for the truck yard located in village Maurachh adjacent to National
Highway-75 and third one located near prism road turning adjacent to NH-75.
The above works shall be completed within a period of 90 days. Thereafter the
officials of the MPPCB shall inspect and satisfy themselves whether their
suggestions have been implemented by the factory management and the truck
yards are made environment friendly.
(ii) Though, there is no concrete evidence and categorical report from the
Agriculture Department to the effect that the dust pollution by the factory is
leading to damage of crops of the villagers and reduction in the yield, it would
be appropriate for the MPPCB to monitor the situation regularly in consultation
with the officials of Agriculture Department so that the emissions confirm to
the National Ambient Air Quality (NAAQ) standards and are strictly followed
by the Respondent no. 5.
(iii) Though, the Respondent No. 5 stated that till now the industry has planted
around 51,500 trees in the premises of the unit and about 1,34,000 trees in
the mining areas, the photographs filed by the Respondent No. 5 at Annexure-
R-5/23 clearly reveal that the surroundings of the factory including the pucca
cement roads laid by the factory and the approach roads they are using is
bereft of any vegetation. Therefore the Respondent No. 5 shall undertake
planting of trees on either side of the approach roads and also the village
roads and tracks leading to the mine sites besides undertaking block planting
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of trees in the left over factory premises as well as in the blank space of
community/common lands/Panchayat/Government lands in consultation with
the local Gram Panchayats and Rural department and Revenue department
officials so that the entire premises and surroundings of the factory are
covered with thick vegetative growth which will considerably reduce the
pollution and improve the air quality. In this regard they may draw plans for
undertaking plantation work during the 2014 monsoon season itself in
consultation with local forest officials. They should make all the necessary
provisions for protection and maintenance of trees including regular watering
atleast for a period of 3 years. Still if any plantable areas are left, they shall be
covered during the 2015 monsoon. The selection of the tree species shall be in
such a way they are suitable to the local climatic and edaphic conditions. As
seen from the photographs if any blank low lying areas exist in the premises
and surroundings of the factory planting of water tolerant tree species shall be
given preference. The MPPCB shall regularly inspect the progress of the work
and periodically obtain the reports from the factory.
(iv) Though, the Respondent No. 5 has produced documents showing the
implementation of community welfare measures and activities taken up for
the benefit of villagers it is still required that the Respondent No. 5 to convene
a meeting with all the Sarpanches/Pradhans of the five Gram Panchayats,
draw up a detailed plan to attend to the issues raised by the villagers
particularly with regard to providing drinking water facilities, improving the
sanitation and drainage system in the surroundings and regulation of
movement of trucks going to and from the mining sites as well as the factory
premises. The Respondent No. 5 should also involve the concerned officials of
the MPPCB and the govt. departments so that it becomes a concerted
approach instead of duplicating the work as certain rural development works
are generally undertaken in the villages with government funds.
(v) With regard to medical facilities the Respondent No. 5 has given the
particulars of the hospital established by it for the benefit of the employees
and workers of the factory as well as the villagers residing around the factory
but it appears that not much attention is paid to the needs of the villagers as
it was stated in the reply that Ambulance service will be provided to the
villagers, if available. Therefore this aspect requires improvement and the
villagers should have access to the emergency medical facilities including
Ambulance service round the clock.
(vi) Though, no concrete evidence is produced before us showing damage to the
dwellings due to the blasting operations undertaken by the Respondent No. 5
in its mines located adjacent to the villages, all precautions shall be taken as
per the prescribed conditions and as per the statutory permission and
guidelines issued by the Indian Bureau of Mines. The officials shall regularly
inspect the mining sites and if any violation is noticed they should
immediately initiate the action in accordance with law.
(4) The management of the Respondent No. 5 shall implement all the above
directions along with the provisions already committed by it under appropriate
CSR and see that the villagers of all the five surrounding Gram Panchayats
develop a positive attitude towards the factory by taking them into confidence,
amicably settling their problems and attending to their grievances so that the
villagers do not suffer damage to their health and their environment as well as
economic loss and at the same time the Respondent No. 5 can continue to do his
operations without any hindrance.
23. We may add here that in the letter dtd. 16.08.2013 addressed to Senior
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President, Human Resource Management of the factory and written by the CSR
coordinator which is filed at Annexure R/5-18 by the Respondent No. 5 it was stated
that the following works of CSR are being undertaken by the Project Management.
1. RCC road of approximately two kilometers was constructed by the company
stretching from Mahurachh road junction to village Bamhouri road junction.
2. Truck yards have been developed along NH-75 which have the following basic
amenities:
i. At Mahurachh road junction construction of bore well pump for providing clean
drinking water for general public in truck yard at Mahurach road junction.
ii. For the ‘Sulabh Souchalaya’ constructed by Mahurachh Gram Panchayat which
is constructed adjacent to Mahurachh Truck Yard, company provided the land
for it and further 50% of the cost expenditure was also borne by the company,
which is mentioned on the foundation stone of the ‘Sulabh Souchalaya’.
iii. For the truck yard constructed at village Katra Narsinghpur another new Truck
Yard was constructed with similar basic amenities of clean drinking water and
‘Sulabh Souchalaya’ especially for drivers, helpers, labourers and general
public.
3. Free medical treatment is being provided to those villages which have been
adopted by the company. Not only this, free medical camps on monthly basis are
being conducted for various ailments like diabetes, eye check up, orthopaedic
(osteoporosis) check up, haemoglobin, blood pressure, etc. at places like
Mankahari, Bamhouri, Bathia, Sijhata, Baghai, Hinouti, Narsinghpur etc.
4. Company ensures that free ambulance service is being provided 24 hours in a
day for all villagers of nearby panchayats.
5. AIDS awareness programs are conducted from time to time by the company at
Mahurach road junction, the truck yards and in all the villages adopted by the
company.
6. As part of our green campaign about three thousand trees have been planted
along the road from Old Despatch Gate to Mahurach road junction.
7. From New Despatch Gate onwards about four thousand trees planted up to
village Katra Narsinghpur till NH-75 road junction.
8. In all the seven Panchayats near to the company i.e. Mankahari, Hinouti, Bathia,
Sijhata, Baghai, Mahurachh Kandaila and Narsinghpur for all primary school
children from class one to class five i.e. 1060 school children free distribution of
school uniform, bags, books, copies and other study material are being
distributed annually.
9. On national holidays i.e. Independence day and Republic day free distribution of
sweets and confectionaries by the Company is done in the above mentioned
schools.
10. Deepening of Mankahari pond situated in village Mankahari was done along with
emboldening of the pond bund. Further, intense plantation has been done on this
bund by the company.
11. A play ground has been developed in Mankahari Gram Panchayat for playing
football, cricket and other sports.
12. Company has taken upon itself the renovation work of Old Shiva temple ‘Jhabla
Baba’ situated in Hinouti Gram Panchayat and has also constructed a
‘dharamshala’ for pilgrims and for the general public.
13. A pucca ghat has been constructed on river Tamas near the above Old Shiva
temple for general use of public.
14. Company has been providing drinking water through water tankers to villages
where water becomes scarce during extreme summer season and on occasions
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when required for various purposes like village events, festivals, rituals, etc.
15. Company sends its fire tenders along with fire fighting crew to the villages
whenever there is a case of fire break out.
16. Ramban is a place of historical importance and its pond had dried up. In order
to again fill it with water the water canal connecting this pond to Naro hills,
which is at about a distance of five kilometres has been deepened and cleaned
and fourty hume pipes were laid. Due to this effort of the company the Ramban
pond has again become full of water.
17. Company organizes football and cricket tournament annually in Hinouti Gram
Panchayat, the entire cost of which is borne by the company.
18. During the entire summer season Company arranges sprinkling of water on
nearby village roads to alleviate the flying of dust.
19. Company provides financial support to the poor and to village community
events from time to time.
24. We accordingly direct the Respondent No. 3, District Collector, Satna and the
Respondent No. 4, Sub Divisional Officer, Rampur Baghelan, District Satna to monitor
the aforesaid activities undertaken by the factory management and directions given
above and send six monthly progress reports to the Regional Officer, MP Pollution
Control Board, Satna who in turn shall file the same before this Tribunal.
25. With the above directions we dispose of this petition. The parties shall bear
their own cost.
26. For verifying the compliance the matter be listed with the first six monthly
reports of the District Collector, Sub Divisional Officer & Regional Officer of MP Pollution
Control Board on 15th September, 2014.
———
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J National Green Tribunal

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SCC Online Web Edition, Copyright © 2021

Page 1 Thursday, April 08, 2021

2014 SCC OnLine NGT 6897

Before the National Green Tribunal Central Zonal Bench, Bhopal

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