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
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?
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?
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
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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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.
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.
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.
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.
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.
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?
What was the Decision of the Concerned Government Department?
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
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
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
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?