SHIV PRASAD KAUSHIK vs STATE OF CHHATTISGARH

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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
ROHIT
KUMAR
CHANDRA
Digitally signed
by ROHIT
KUMAR
CHANDRA
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

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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
. 09 02 .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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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