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Community members oppose dumping of coal ash by Khairiguda Coal Mining Project in Telangana

Reported by

Shalini

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Published on

May 24, 2023

May 26, 2023

Edited on

May 24, 2023

State

Telangana

Sector

Land Use

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

ha

Starting Year

2021

Location of Conflict

Devaiguda

Ullipitta

Kumaram Bheem Asifabad

Reason or Cause of Conflict

Environmental/Ecological Damage

Land Conflict Summary

In March 2022, village residents living around the Khariguda open cast mine in Kumaram Bheem Asifabad district in Telangana, approached the National Green Tribunal (NGT) Chennai. They were seeking action against the coal ash coming out from the mine. Led by Gedam Dilip Kumar, the deputy Sarpanch of Ullipitta village, the residents alleged the coal ash was causing air pollution and affecting their health. They also alleged that it was contaminating groundwater and affecting the water of Vattivagu irrigation project – leading to the death of fish and cattle.

Singareni Collieries Company Ltd (SCCL) has operated this mining project since 2005. Further expansion was taken up by the company in 2015. The project is surrounded by many villages including Devaiguda, Vullipitta, Chanduguda, Dampur, Gowruguda, Saleguda and Jendaguda.

The open cast coal mining project was granted its first environmental clearance in 2004 for a mine lease area of 338.78 Hectares (Ha). It received another environmental clearance in 2007 for expanding the mine area expansion, increasing the total mine area to 1217.50 (Ha). The mine was granted an environmental clearance for the third time in 2015 for expanding its capacity further. The total project area continues to remain 1217.50 Ha. Non forest land constitutes 920.64 Ha of this, while forest land amounts to 296.86 Ha.

Besides pollution, village residents have also been worried about tigers coming into the mining area and their villages from the nearby Kawal Tiger Reserve. The villagers have reportedly submitted representations to district officials seeking action against dumping of coal ash near their villages but did not receive any response. 

Finally, the residents decided to approach the National Green Tribunal (NGT) to seek relief.

The NGT ordered a joint committee be set up to investigate the allegations of environmental pollution occurring due to mining activities in the area. And to assess the compensation for the damage caused.

In July 2022, the joint committee submitted its report to NGT, pointing out that the particulate matter emitted by the mine exceeded permissible limits. Following which, the SCCL filed objections to that report in October 2022.

Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Demand for Resettlement

Region Classification

Rural

Type of Land

Common

Type of Common Land

Forest and Non-Forest

What was the action taken by the police?

Detention

How many people did the police detain or arrest?

35

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Agricultural land, Water bodies, Other environmental services

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Air (Prevention & Control of Pollution) Act, 1981
Section 22 [Prohibits emissions beyond levels exceeding those determined by the State Pollution Control Board]
Water (Prevention and Control of Pollution) Act, 1974
Section 24 [Prohibits the use of streams for disposal of polluting matter]
Electricity Act, 2003
Paragraph 2(2) [Every coal or lignite based thermal power plant commissioned subject to environmental clearance conditions stipulating the submission of an action plan for full utilisation of fly ash shall, within a period of nine years from the publication of this notification, phase out the dumping and disposal of fly ash on land in accordance with the plan]
Fly Ash Notification, 1999
Paragraph 2(2) [Every coal or lignite based thermal power plant commissioned subject to environmental clearance conditions stipulating the submission of an action plan for full utilisation of fly ash shall, within a period of nine years from the publication of this notification, phase out the dumping and disposal of fly ash on land in accordance with the plan]
Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996
Section 4(m) [Gram Sabha or Panchayat to have the power to prevent alienation of land from Scheduled Areas and to take steps to restore such alienated land]
  1. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  2. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  3. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  4. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

Yes

What was the claim(s)/objection(s) raised by the community?

Memorandums were submitted to take action the dumping of coal ash waste in and around their villages.

What was the Decision of the Concerned Government Department?

The District Collector did not take any action.

Legal Processes and Loopholes Enabling the Conflict:

Violation of environmental laws

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

Yes

Name of the adjudicatory body

National Green Tribunal

Name(s) of the Court(s)

Case Number

Original Application No. 39 of 2022 (SZ)

Main Reasoning/Decision of court

A case was filed in the National Green Tribunal in March 2022, regarding the air pollution being caused by SCCL. The Tribunal then constituted a Joint Committee to inspect the area in question and submit an action taken report. In September 2022, the Joint Committee Report was filed before the Tribunal. In January 2023, the Tribunal noted that the state Pollution Control Board seemed to be satisfied with the compliance of mitigation measures. However, it was noted by the Tribunal that things noted by the PCB, such as carrying coal in tarpaulin covered trucks, were in itself a violation of the terms of the environmental clearance granted. The parties were asked to file their respective objections and submissions. The matter is next slated to be heard on July 7, 2023.

Major Human Rights Violations Related to the Conflict:

Lathicharge/teargas/pellets

Arrest/detention/imprisonment

Whether criminal law was used against protestors:

Yes

Reported Details of the Violation:

Police took action against the people who were displaced by the coal mine and were protesting for rehabilitation. According to a representative of the Human Rights Forum, police conducted lathi charge when the villagers were protesting outside the Khairiguda camp office. A total of 35 villagers were arrested, including women. They were made to sit in the bus until 6th April, 2023 outside the Asifabad Jail. And then they were taken to Adilabad Jail until 9 days but the FIR is not found anywhere on the police website on this issue.

Date of Violation

April 4, 2023

Location of Violation

Additional Information

Nature of Protest

Complaints/petitions/letters/memorandums to officials

Government Departments Involved in the Conflict:

Union Ministry of Environment, Forest & Climate Change, Union Ministry of Coal, Telangana State Pollution Control Board, Telangana State Irrigation Department, District Collector of Kumaram Bheem Asifabad

PSUs Involved in the Conflict:

The Singareni Collieries Company Ltd(SCCL)

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Residents of affected villages

Information on the use of criminal law

What was the action taken by the police?

Detention

How many people did the police detain or arrest?

35

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

In March 2022, village residents living around the Khariguda open cast mine in Kumaram Bheem Asifabad district in Telangana, approached the National Green Tribunal (NGT) Chennai. They were seeking action against the coal ash coming out from the mine. Led by Gedam Dilip Kumar, the deputy Sarpanch of Ullipitta village, the residents alleged the coal ash was causing air pollution and affecting their health. They also alleged that it was contaminating groundwater and affecting the water of Vattivagu irrigation project – leading to the death of fish and cattle.

Singareni Collieries Company Ltd (SCCL) has operated this mining project since 2005. Further expansion was taken up by the company in 2015. The project is surrounded by many villages including Devaiguda, Vullipitta, Chanduguda, Dampur, Gowruguda, Saleguda and Jendaguda.

The open cast coal mining project was granted its first environmental clearance in 2004 for a mine lease area of 338.78 Hectares (Ha). It received another environmental clearance in 2007 for expanding the mine area expansion, increasing the total mine area to 1217.50 (Ha). The mine was granted an environmental clearance for the third time in 2015 for expanding its capacity further. The total project area continues to remain 1217.50 Ha. Non forest land constitutes 920.64 Ha of this, while forest land amounts to 296.86 Ha.

Besides pollution, village residents have also been worried about tigers coming into the mining area and their villages from the nearby Kawal Tiger Reserve. The villagers have reportedly submitted representations to district officials seeking action against dumping of coal ash near their villages but did not receive any response. 

Finally, the residents decided to approach the National Green Tribunal (NGT) to seek relief.

The NGT ordered a joint committee be set up to investigate the allegations of environmental pollution occurring due to mining activities in the area. And to assess the compensation for the damage caused.

In July 2022, the joint committee submitted its report to NGT, pointing out that the particulate matter emitted by the mine exceeded permissible limits. Following which, the SCCL filed objections to that report in October 2022.

Demand/Contention of the Affected Community

Complaint against procedural violations

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Demand for Resettlement

Region Classification

Rural

Type of Land

Common

Type of Common Land

Forest and Non-Forest

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Air (Prevention & Control of Pollution) Act, 1981
Section 22 [Prohibits emissions beyond levels exceeding those determined by the State Pollution Control Board]
Water (Prevention and Control of Pollution) Act, 1974
Section 24 [Prohibits the use of streams for disposal of polluting matter]
Electricity Act, 2003
Paragraph 2(2) [Every coal or lignite based thermal power plant commissioned subject to environmental clearance conditions stipulating the submission of an action plan for full utilisation of fly ash shall, within a period of nine years from the publication of this notification, phase out the dumping and disposal of fly ash on land in accordance with the plan]
Fly Ash Notification, 1999
Paragraph 2(2) [Every coal or lignite based thermal power plant commissioned subject to environmental clearance conditions stipulating the submission of an action plan for full utilisation of fly ash shall, within a period of nine years from the publication of this notification, phase out the dumping and disposal of fly ash on land in accordance with the plan]
Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996
Section 4(m) [Gram Sabha or Panchayat to have the power to prevent alienation of land from Scheduled Areas and to take steps to restore such alienated land]
  1. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  2. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  3. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  4. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

Yes

What was the claim(s)/objection(s) raised by the community?

Memorandums were submitted to take action the dumping of coal ash waste in and around their villages.

What was the Decision of the Concerned Government Department?

The District Collector did not take any action.

Legal Processes and Loopholes Enabling the Conflict:

Violation of environmental laws

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

Yes

Name of the adjudicatory body

National Green Tribunal

Name(s) of the Court(s)

Case Number

Original Application No. 39 of 2022 (SZ)

Main Reasoning/Decision of court

A case was filed in the National Green Tribunal in March 2022, regarding the air pollution being caused by SCCL. The Tribunal then constituted a Joint Committee to inspect the area in question and submit an action taken report. In September 2022, the Joint Committee Report was filed before the Tribunal. In January 2023, the Tribunal noted that the state Pollution Control Board seemed to be satisfied with the compliance of mitigation measures. However, it was noted by the Tribunal that things noted by the PCB, such as carrying coal in tarpaulin covered trucks, were in itself a violation of the terms of the environmental clearance granted. The parties were asked to file their respective objections and submissions. The matter is next slated to be heard on July 7, 2023.

Major Human Rights Violations Related to the Conflict:

Lathicharge/teargas/pellets

Arrest/detention/imprisonment

Whether criminal law was used against protestors:

Yes

Reported Details of the Violation:

Police took action against the people who were displaced by the coal mine and were protesting for rehabilitation. According to a representative of the Human Rights Forum, police conducted lathi charge when the villagers were protesting outside the Khairiguda camp office. A total of 35 villagers were arrested, including women. They were made to sit in the bus until 6th April, 2023 outside the Asifabad Jail. And then they were taken to Adilabad Jail until 9 days but the FIR is not found anywhere on the police website on this issue.

Date of Violation

April 4, 2023

Location of Violation

Nature of Protest

Complaints/petitions/letters/memorandums to officials

Government Departments Involved in the Conflict:

Union Ministry of Environment, Forest & Climate Change, Union Ministry of Coal, Telangana State Pollution Control Board, Telangana State Irrigation Department, District Collector of Kumaram Bheem Asifabad

PSUs Involved in the Conflict:

The Singareni Collieries Company Ltd(SCCL)

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Residents of affected villages

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Image Credit:  

Image Credit:  

Documented By

Text Link

Reviewed By

Text Link

Updated By

Text Link

Edited By

Text LinkLand Conflict Watch

Other Land Conflicts in Telangana

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