Jindal Steel and Power Ltd (JSPL) destroyed the ecosystem in the Chhattisgarh district of Raigarh, the National Green Tribunal (NGT) recently acquitted the company of a fine of Rs 160 crore.
The principal bench, consisting of NGT Chair Adarsh Kr Goel, also held South Eastern Coalfields Ltd (SECL)—a subsidiary of Coal India Ltd (CIL)—complicity in breach of green standards after it gained control of the mine in 2016.
The verdict of 20 March 2020 was significant:
First, it clearly defined the responsibility of therapists and ordered them to pay for it — a rarity in India 's environmental justice system.
Second, not only did it understand long-standing concerns and demands of local citizens, but it also embraced them, although in part.
The Bank also made up of expert members Nagin Manda and Siddhanta Das, directed the Chhattisgarh Environmental Conservation Board (CECB) to set up 12 Continuous Air Quality Monitoring Stations — three in mining areas, one in the affected village and eight in non-district cities with seven years of operation.
The case against the verdict was brought by local villagers, Dukalu Ram and others against JSPL, SECL and CIL in Gare Palma IV/2 and Gare Palma IV/3 in Raigarh.
The order pointed out that both the former promoter and the current custodian ignored the creation of the green belt:
“They are not clear about the concept of greenbelt and always confuse it with plantation. As the name itself explains the meaning of the green belt, ie a belt of plants around the activity area to attenuate the pollution.”
The order added that:
“(T)he liability for non-compliance of environmental conditions with regard to the development of green belt lies more with M/s JSPL. Both the proponent and custodian are responsible for non-compliance of this important condition. No one has taken up this condition seriously. If this condition was taken up seriously, the situation would not have been so alarming.”
The August 2017 report found that cadmium levels were 169 times higher than the safe levels defined by Canada in the soil around the Chhattisgarh coal mines, thermal power plants and coal ash ponds.
The research, by Community Environmental Monitoring and Dalit Adivasi Mazdoor Sangathan, was focused on an analysis of soil, water, air and sediment samples from five locations in Tamnar — a highly industrialized district block where JSPL and SECL were in operation.
The Green Bank also sought health facilities for villagers affected by coal mining.
A November 2017 research report had noted: “an extensive growth of mining, coal-fired power plants in the Raigarh region of Chhattisgarh since 2002 have inflicted adverse impacts on local residents living in the area for generations.”
The judgment was also significant for reiterating the previous order of the NGT, which found JSPL guilty of infringement; the site visit report concluded that the damage to the environment had been caused.
The NGT had constituted an Oversight Committee to calculate the monetary compensation for the infringement and the necessary remedial action. The Committee estimated damage to Rs 160 crore, including damages from illegal mining and loss of ecological services.
JSPL challenged the case in the Supreme Court in 2019, but the apex court refused to stay.
“The NGT order is a victory for the people who have suffered severe air pollution, depleting groundwater, mine fires and a heavy impact on their health for coal mines in the region,” the petitioners and their representatives said.
It will now be up to the state administration and the NGT to ensure that the order was followed in letter and spirit as soon as possible, otherwise, a landmark judgment would have a real effect.
