aam janta through their sarpanches filejanpad panchayat rampur baghelan, district satna (m.p.) 2....

of 25 kavita

BEFORE THE NATIONAL GREEN TRIBUNAL

CENTRAL ZONAL BENCH, BHOPAL

Original Application No. 35/2013 (CZ)

CORAM:

Hon’ble Mr. Justice Dalip Singh

(Judicial Member)

Hon’ble Mr. P.S.Rao

(Expert Member)

BETWEEN:

Aam Janta through their Sarpanches

1. Santosh Bhai

Sarpanch of Gram Panchayat, Mahurachh Kandaila,

Janpad Panchayat Rampur Baghelan,

District Satna (M.P.)

2. Suneeta Tiwari

Sarpanch of Gram Panchayat Malgaon,



3. Mamta Verma

Sarpanch of Gram Panchayat Sijahata,



4. Urmila Singh

Sarpanch of Gram Panchayat Bathiya,



5. Suneeta Tiwari

Sarpanch of Gram Panchayat Mankahari,


District Satna (M.P.) .....Applicants

Versus

1. The State of Madhya Pradesh

Through the Secretary,

Department of Industries,

Mantralaya, Vallabh Bhawan,

Bhopal (M.P.)

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2. Madhya Pradesh Pollution Control Board

Through its Chairman

Paryavaran Parisar,

E-5, Arera Colony, Bhopal (M.P.)

3. District Collector,

Satna District (M.P.)

4. Sub Divisional Officer

Rampur Baghelan,


5. M/s Prism Cement Ltd.

Through its General Manager, Rajdeep,

Rewa Road, Satna, District Satna (M.P.) …….Respondents

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

Dated :February 21st, 2014

J U D G E M E N T

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 &

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Ors. Vs. Union of India & Ors. 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, M/s 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, M/s 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

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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

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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 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.

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5. The petitioners further contended that due to uncontrolled blasting of

the mines by the Respondent No. 5, M/s 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, M/s 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, M/s 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

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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

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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.

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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

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

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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, M/s 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.

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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-

3013. 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

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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 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

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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 M/s Prism Cement Ltd should not carry

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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 M/s

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

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their 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

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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

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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

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side of the approach roads and also the village

roads and tracks leading to the mine sites besides

undertaking block planting 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

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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

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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

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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

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

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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.

of 25 kavita

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 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.

of 25 kavita

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.

(Mr. Justice Dalip Singh)

Judicial Member

(Mr. P.S.Rao)

Expert Member

Bhopal

February 21st, 2014

aam janta through their sarpanches filejanpad panchayat rampur baghelan, district satna (m.p.) 2....

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