1 CGHC010104722023 2026:CGHC:38773-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 33 of 2023 Shiv Prasad Kaushik S/o, Late Shri Siddh Ram Kaushik, Aged About 55 Years R/o. Chatauna Post Hirri Mines, PS Hirri, Tahsil Sakri, District Bilaspur Chhattisgarh Pin - 495000. ... Petitioner versus 1 - State of Chhattisgarh Through - The Secretary Department of Forest And Environment And Mines, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 - Collector Bilaspur, District Bilaspur Chhattisgarh 3 - The Member Secretary, Chhattisgarh Environment Conservation Board Bilaspur, Near Vypar Vihar Pt. Deendayal Park Bilaspur, District - Bilaspur Chhattisgarh 4 - The Member Secretary, Chhattisgarh Environment Nava Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh 5 - The Director, Central Pollution Conservation Board, Parivesh Bhawan, Cbd-Cum Office Complex, East Arjun Nagar, Delhi, Pin 110032. 6 - The Additonal Director, Ministry Of Environment And Forest, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi, Pin 110001. 7 - Chief General Manager, Steel Authority Of India Limited, Government Of India Enterprise, Bhilai Steel Plant, Bhilai – 490001. 8 - General Manager (Mines), M/s Hirri Dolomite Mines, Bhilai Steel Plant, Government Of India Enterprises, Bilaspur Chhattisgarh 495001. 9 - Sanjeev Verma S/o Shri Omprakash Narayan Aged About 40 Years R/o Prakash Nagar Hirri Mines Road, Behind Church Near Kali Dhaba, Chautona, District- Bilaspur, Chhattisgarh 10 - Kunal Das S/o Shri Rajat Kumar Aged About 46 Years R/o Near Kali Dhaba, Chautona, District- Bilaspur, Chhattisgarh 11 - Mrs. Mandavi Bharadwaj W/o Suryakant Bharadwaj Aged About 40 Years R/o Prakash Nagar Hirri Mines Road Behind Church Near Kali Dhaba, Chautona, District- Bilaspur, Chhattisgarh ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 12 - Ravi Bhagat S/o Sukhnath Ram Aged About 42 Years R/o Prakash Nagar Hirri Mines Road Behind Church Near Kali Dhaba, Chautona, District- Bilaspur, Chhattisgarh 13 - Anchal Matre S/o S. L. Matre Aged About 33 Years R/o 29/a B S P Road Behind Kali Dhaba, Chhatona, , District- Bilaspur, Chhattisgarh 14 - Amit Kumar Matre S/o S. L. Matre Aged About 31 Years R/o 29/a B S P Road Behind Kali Dhaba, Chhatona, District- Bilaspur, Chhattisgarh 15 - Mrs Rajni Soren W/o Kishore Narayan Aged About 40 Years R/o 29/a B S P Road Behind Kali Dhaba, Chhatona, District- Bilaspur, Chhattisgarh ... Respondents ------------------------------------------------------------------------------------------------ For Petitioner : Mr. Akath Kumar Yadav, Advocate For State/Respondent Nos.1 & 2 : Mr. Prasun Kumar Bhaduri, Deputy Advocate General, For Respondent Nos. 3 & 4 : Mr. Trivikram Nayak, Advocate For UOI / Respondent Nos.5 & 6 : Mr. Ramakant Mishra, Dy. Solicitor General along with Ms. Annapurna Tiwari, CGC For Respondent Nos. 7 & 8 : Dr. Saurabh Kumar Pande, Advocate For Intervenors : Mr. Vivek Shrivastava, Advocate Court Commissioner : Mr. Ashish Tiwari, Advocate ------------------------------------------------------------------------------------------------ Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 02 . 09 .202 6 1. Heard Mr. Akath Kumar Yadav, learned counsel for the petitioner. Also heard Mr. Prasun Kumar Bhaduri, learned Deputy Advocate General, appearing for the State/ respondent Nos. 1 & 2, Mr. Trivikram Nayak, learned counsel, appearing for respondent Nos. 3 & 4 / Chhattisgarh Environment Conservation Board, Mr. Ramakant Mishra, learned Deputy Solicitor General, appearing for respondent Nos. 5 & 6 / UOI, Dr. Saurabh Kumar Pande, learned 3 counsel, appearing for respondent Nos. 7 & 8, Mr. Vivek Shrivastava, learned counsel, appearing for the intervenors and Mr. Ashish Tiwari, learned Court Commissioner appointed by this Court. 2. The petitioner, who is a social activist and Ex-Sarpanch of Gram Panchayat, Chhatauna, has filed this writ petition styled as ‘Public Interest Litigation’ seeking following reliefs : “(i) That, this Hon'ble Court may kindly be pleased to call the records pertaining with the land which is issued to respondent no. 7 & 8. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities not to issue expansion of land lease for excavation of dolomite and which create hazardous to the inhabitants of villagers of three gram panchayats. (iii) That, this Hon'ble Court may kindly be pleased to direct the respondents to provide as per policy laid down in CSR projects of SAIL and to provide clean drinking water, sanitation and CC roads and electricity and health facilities towards the affected villagers. (iv) That, this Hon'ble Court may kindly be pleased to grant any other relief which may deem fit in the facts and circumstance of the case.” 3. Brief facts of the case are that the State Government has granted lease of about 128.90 acres of government land of village Chhatauna, about 88.47 acres of government land of village Badsora and about 100.85 acres of government land of village Pendridih (totaling 318.22 acres of government land) under 4 mining lease to respondent Nos.7 & 8 in the year 1959 for establishment of Hirri Dolomite Mines under the Ministry of Steel (SAIL) Bhilai and are excavating minor minerals i.e. Dolomite which is used for production of steel in Bhilai Steel Plant, Bhilai Nagar, Durg. 4. By way of present PIL petitioner is agitating the issues relating to grant of mining lease of government land to the respondent No.7 & 8, which are subsidiary units of Government of India under the Ministry of Steel, alleging that the management of Hirri Dolomite mines have ignored the facilities which ought to be given as per CSR norms and that the condition of roads and other places are very bad due to dust because of mining activities and there are three villages around the place where mining activity is going on. 5. During the course of hearing, having regard to the issues raised by the petitioner regarding the facilities being provided to the inhabitants of the surrounding villages, the condition of roads and other public places affected by dust arising from the mining activities, and the compliance with the applicable norms and guidelines for extension of the mining lease, this Court appointed Shri Ashish Tiwari, learned Advocate, as Court Commissioner, to undertake an inspection of the mining area and the adjoining villages and to apprise the Court regarding the facilities available to the local inhabitants and the norms, conditions and guidelines required to be followed for extending the mining lease. It is relevant to note that, though the mining 5 lease in question was initially granted in the year 1959, the same has subsequently been extended and is presently stated to remain operative from the year 2020 till 2029. The appointment of the Court Commissioner was thus intended to enable the Court to ascertain the factual position on the ground and examine whether the requisite facilities and safeguards are being provided and the applicable conditions and guidelines are being duly complied with during the subsistence of the extended lease. 6. During pendency of the present petition, an application being I.A. No. 03 has been filed, seeking intervention in the present petition and upon due consideration of the grounds mentioned therein, the said application was allowed and accordingly the intervenors were impleaded as party respondents in the present proceedings. 7. Learned counsel appearing for the petitioner submits that the present Public Interest Litigation has been preferred raising serious concerns regarding the mining operations being carried out by respondent Nos. 7 and 8 over approximately 318.22 acres of Government land situated in villages Chhatauna, Badsora and Pendridih pursuant to the mining lease granted in the year 1959 for establishment and operation of Hirri Dolomite Mines under the Ministry of Steel. It is submitted that, although the dolomite extracted from the mines is being utilized for production of steel at Bhilai Steel Plant, the mining authorities have failed to adequately discharge their obligations towards the inhabitants of the adjoining villages, particularly in terms of the facilities contemplated under 6 the CSR norms. Learned counsel further submits that the mining and transportation activities have resulted in considerable generation of dust, adversely affecting the surrounding environment and the condition of roads and other public places in the neighbouring villages of Chhatauna, Badsora and Pendridih. It is contended that the authorities are required to take effective measures for control of dust and air pollution and to ensure proper maintenance and development of civic amenities and infrastructure in the affected villages. Learned counsel, therefore, submits that appropriate directions may be issued to the respondents to ensure compliance with the applicable CSR norms and environmental safeguards and to provide and maintain adequate facilities for the benefit of the residents of the aforesaid villages. 8. Learned counsel appearing for respondent Nos. 7 and 8 submits that the respondent organization is carrying out mining operations strictly within the land specifically allotted/acquired and recorded in its name by the State Government, and there is no allegation or finding by the State authorities that the respondent organization has undertaken any illegal mining activity beyond the land so allotted. It is further submitted that, out of the Khasra numbers referred to by the petitioner, land bearing Khasra No. 599 admeasuring 3.33 hectares was never allotted to or registered in the name of the respondent organization and no mining activity is being carried out by it over the said land, whereas the remaining 7 Khasra lands are duly recorded in the name of the respondent organization, thereby conferring upon it the right to use and enjoy the same in accordance with law. Learned counsel further submits that, on certain occasions, erroneous entries have been made in the revenue records whereby lands belonging to the respondent organization have not been correctly reflected in its name; however, whenever such discrepancies come to its notice, the respondent organization takes appropriate steps before the competent revenue authorities for correction, and such applications have resulted in correction of the revenue records, as demonstrated by the documents annexed as Annexures R/1 to R/10. It is, therefore, contended that the allegations of illegal mining raised by the petitioner are unfounded and contrary to the revenue records and other documents placed on record. Learned counsel accordingly submits that the petitioner has failed to establish any illegality or violation attributable to respondent Nos. 7 and 8 and, therefore, no relief is made out against them; consequently, the present petition, insofar as it concerns respondent Nos. 7 and 8, is devoid of merit and deserves to be dismissed. 9. Learned counsel appearing for the intervenors, who are local residents of Village Chhatauna, submits that the intervenors have been residing in the said village since 2016 after purchasing residential plots and constructing their houses and are directly affected by the mining and transportation activities of respondent 8 Nos. 7 and 8. It is submitted that Hirri Dolomite Mines is situated in the vicinity of the three villages, namely, Chhatauna, Bodsara and Pendridih, and that while the workers of the mines have been provided various amenities such as roads, electricity, drinking water, school and other facilities, the local residents residing within about one kilometre of the mining area are facing serious difficulties on account of the mining operations, particularly due to the use of heavy mining trucks for transportation of dolomite from the mine to Dadhapara Railway Station through a kutcha soil road. Learned counsel submits that such transportation is being carried out virtually round the clock by a large number of heavy vehicles, resulting in generation of substantial dust and air pollution during normal weather conditions, whereas during the rainy season the kutcha road becomes muddy, develops potholes and remains waterlogged, thereby causing considerable hardship to the villagers, school-going children and elderly persons who depend upon the said road for reaching the main road, markets and other essential places. It is further submitted that despite repeated requests by the villagers for construction of a proper road, respondent Nos. 7 and 8 have merely dumped mineral material on the kutcha road as a temporary measure, without constructing a permanent road or adequate drainage system, and that the watering of the road for suppression of dust is inadequate despite the directions of this Court. Learned counsel further submits that the dust generated by the mining and transportation 9 activities reaches nearby ponds and wells, affecting the quality of water upon which the villagers and cattle depend, and that the blasting operations undertaken for mining also cause shock waves which are allegedly affecting the nearby residential houses. It is also submitted that the continuous movement of heavy vehicles, particularly during night hours in the absence of adequate street lighting, poses a risk of accidents and mishaps and further deteriorates the condition of the road. Learned counsel, therefore, submits that appropriate directions may be issued to the concerned authorities, particularly the Bhilai Steel Plant/Hirri Mines authorities, for construction of a proper CC/concrete road in place of the existing kutcha road, provision of adequate drainage and street lighting, regular and effective sprinkling of water for dust suppression, and adoption of appropriate measures to protect the residents from the adverse effects of mining, blasting and transportation activities. 10. Learned Court Commissioner, Shri Ashish Tiwari, submits that in compliance with the directions issued by this Court, he conducted a stage-wise inspection of Hirri Dolomite Mines and the adjoining villages of Pendridih, Chhatauna and Bodsara on 07.02.2026, accompanied by the concerned officials, and has submitted his inspection report along with the relevant photographs, aerial map and air-quality monitoring reports. He submits that the Hirri Dolomite Mines comprise the mining area as well as the adjoining crushing unit, where drilling, blasting, extraction and crushing of 10 dolomite are undertaken. During the inspection, it was noticed that movement of heavy vehicles on the kutcha roads within the mining area has the potential to generate dust, though water sprinkling was being undertaken on the date of inspection. It was further observed that the crushing unit, when operational, has the potential to generate substantial dust and, therefore, requires strict monitoring and effective measures for dust suppression. The learned Court Commissioner also noticed that the residue/fine material generated at the crushing unit was being dumped without adequate covering and that the trucks transporting crushed dolomite to the railway siding were not covered. As regards the impact on groundwater, two water reservoirs were found within the mining premises, and the officials informed that groundwater was not being extracted for mining purposes and that the mining operations were being carried out above the groundwater table in accordance with the mining plan; the reservoirs were stated to assist in maintaining and recharging the groundwater level. With regard to the three adjoining villages, namely, Pendridih, Bodsara and Chhatauna, the learned Court Commissioner submits that the roads presently existing in the villages were found to be in good condition, having been reconstructed or refurbished under various Central/State Government schemes. However, several works earlier undertaken under the CSR scheme, including solar lamps, water tanks, roads, cultural platforms and other infrastructure, were found to have deteriorated or become non-functional due to 11 passage of time and lack of maintenance. It was further informed that, under the existing CSR arrangement, after completion of such works, the assets are handed over to the concerned local authority/Village Panchayat and their subsequent maintenance and upkeep are the responsibility of the concerned local authority, while the mining authorities do not undertake repair or maintenance of such works from CSR funds. The learned Court Commissioner accordingly submits that, although the roads in the three villages are presently in satisfactory condition, certain earlier CSR-created infrastructure has deteriorated and that the mining and crushing operations, particularly the crushing unit, transportation of material and handling of residue/dust, warrant appropriate monitoring and effective dust-control measures. The inspection report, together with Annexures C-1 to C-5 (colly.), has accordingly been placed before this Court for its consideration and further orders. 11. We have considered the submissions advanced by learned counsel for the petitioner, learned counsel appearing for respondent Nos. 7 and 8, the learned counsel for the intervenors, and the report submitted by the learned Court Commissioner, Shri Ashish Tiwari, along with the material placed on record. 12. The principal grievance raised in the petition relates to the mining operations being carried out by respondent Nos. 7 and 8, the alleged impact thereof on the surrounding villages, the condition of roads and other public amenities, and non-compliance with the 12 applicable CSR and environmental norms. 13. From the material placed before us, including the inspection report of the learned Court Commissioner, it transpires that the roads in the villages of Pendridih, Chhatauna and Bodsara are presently in good condition, having been reconstructed/refurbished under various Government schemes, though certain infrastructure created earlier under the CSR scheme has deteriorated on account of passage of time and lack of maintenance. The learned Court Commissioner has also noticed that the mining and crushing operations, particularly the crushing unit, transportation of dolomite and handling of residual material, have the potential to generate dust and, therefore, require appropriate dust- suppression measures and monitoring. 14. So far as the allegation of illegal mining is concerned, respondent Nos. 7 and 8 have placed on record documents showing the land recorded in their name and have specifically disputed carrying out any mining activity over Khasra No. 599 admeasuring 3.33 hectares. 15. In view of the aforesaid factual position and the inspection conducted pursuant to the directions of this Court, we are of the considered view that no further adjudication or continuing supervision in the present PIL is warranted. 16. However, insofar as the grievances raised by the intervenors regarding dust pollution, transportation of minerals through the kutcha road, maintenance of the road and drainage, street 13 lighting, alleged impact of blasting and other local difficulties are concerned, the intervenors shall be at liberty to approach the competent authorities, including the concerned local/revenue, mining, environmental or other statutory authorities, by making an appropriate representation/complaint, and the said authorities shall consider and deal with the same in accordance with law, upon verification of the factual position. 17. It is made clear that we have not expressed any opinion on the merits of such individual grievances. 18. Subject to the aforesaid liberty, the present Writ Petition (PIL) is disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra