HANUMAN LAXMAN AROOSKAR v. UNION OF INDIA & ORS. M.A. No.965 of 2019 IN

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A been given as ‘twice a week, 4 weeks in a season as per CPCB standards for NAAQM, 1994. It would be appropriate if the Project Proponent establishes real time online continuous Air Quality Monitoring Station also which is connected to CPCB server and capable of monitoring all relevant and critical parameters and mitigation measures B taken.

2. Although all parameters w.r.t. ambient air parameters have been found to be within limits for all 6 (six) locations monitored, we feel for the purpose of giving/depicting holistic picture with regard to ambient air in the area, at least 3 C (three) more locations falling in the State of Maharashtra be also monitored and documented. B. WATER ENVIRONMENT

1. Only two number of Rain Water Harvesting pits have been provided which we feel are not adequate and there is a need to place other pits at such locations as to capture all the excess drainage for water-recharge.

2. More frequent Water Quality Monitoring i.e.once every month may be carried out by Project Proponent at bore wells and STP discharge plants instead of 4 (four) times in a year as proposed. C. NOISE ENVIRONMENT

1. It has been proposed that ambient noise levels shall be monitored around the premises of airport, near DG sets and at main entrance/boundary of airport once a week at 7 (seven) locations which we feel are inadequate. Besides these, continuous monitoring of occupational noise exposure limits in such industrial environments would be appropriate with audible or visual alarm output capability.

G 2. Integrated Noise Model (INM) be more frequently used and mitigation undertaken during the operational phase of project at regular intervals.

3. Although ambient noise levels have been found to be within limits at 9 (nine) locations monitored, we feel for the purpose of giving/depicting holistic picture with regard to ambient

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noise levels in the area, at least 3 (three) more locations falling in the State of Maharashtra be also monitored and documented. D. LAND ENVIRONMENT

1. There is a potential for impact on soil quality due to project related spills and leaks of fuel and chemicals and uncontrolled disposal of wastes and waste water. Adequate care be taken to avoid spills and leaks of hazardous substances and all project related wastes. Littering on sites and beyond the sites needs to be adequately prevented and controlled. C

2. Debris and Muck Management Plan to be prepared and implemented so as to avoid spillage of muck and debris on the slopes.

3. Soil conservation and stabilization measures needs to be undertaken by deploying both mechanical and bio-engineering D methods.

4. Remediation, restoration and compensation needs to be integral part of policy so as to provide adequate relief for any environmental or project related disasters. E E. BIOLOGICAL ENVIRONMENT

1. Efforts be made to transplant the trees to other locations in the same vicinity by using appropriate mechanical devices which are available these days.

2. Efforts be made to plant indigenous species which are tall F in size rather than small saplings.

3. Concerns have been raised by appellants with regard to plant species ‘Dipcadi concanense’ which has been claimed to be a threatened plant. This claim of the appellants have been negated by the respondent by producing a G documentation of Botanical Survey of India, Western Regional Centre, Pune, Maharashtra titled as ‘A Note on Occurrence and Distribution of Dipcadi Concanense”. By invoking Precautionary Principle, we direct the Project Proponent to draw up a Conservancy by Plan/Scheme for H

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A ‘Dipcadi concanense’ in collaboration with Forest Department, State of Goa and Botanical Survey of India and ensure its implementation. F. Socio-Economic Environment

1. Adequate drills with respect to implementation of Disaster B Management plan needs to be carried out at regular intervals so as to ensure preparedness and rapid response to any disasters both man made or natural.

2. Although ‘Disaster Management Plan’ as Annexure-II is part of EIA Report under the sub head 1.2.1-National C Disasters needs further elaboration especially in terms of Emergency Response Measures, Rules and Responsibility, Mitigation, etc.” III. Conditions imposed in the revised assessment of the EAC dated 23 April 2019 D I. STATUTORY COMPLIANCE: (i) The project proponent shall obtain certificate from Chief Wildlife Warden (CWLW) of State through State Government that none of the area of the project falls in the notified Eco-sensitive Zone (ESZ) and no activity prohibited E in the Eco-sensitive Zone will be taken up. (ii) The project proponent shall obtain Consent to Establish/ Operate under the provisions of Air (Prevention & Control of Pollution) Act, 1981 and the Water (Prevention & Control of Pollution) Act, 1974 from the concerned State Pollution F Control Board/Committee. (iii) The project proponent shall obtain necessary permission from the competent authority for drawing of water from Tillari Irrigation Canal. G II. AIR QUALITY MONITORING AND PRESERVATION: (i) The project proponent shall install system to carry out Ambient Air Quality monitoring for common/criterion parameters relevant to the main pollutants released (e.g. H PM 10 and PM 2.5 in reference to PM emission and SO2,

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and NOx in reference to SO2 and NOx emissions) within and outside the airport area covering upwind and downwind directions. (ii) Notification GSR 94€ dated 25.01.2018 of MoEF&CC regarding Mandatory Implementation of Dust Mitigation Measures for Construction and Demolition Activities shall be complied with. (iii) Soil and other construction materials should be sprayed with water prior to any loading, unloading or transfer operation so as to maintain the dusty material wet. (iv) The excavation working area should be sprayed with water after operation so as to maintain the entire surface wet. (v) Excavated materials shall be handled and transported in a manner that they do not cause any air pollution. (vi) The soil/construction materials carried by the vehicle should be covered by impervous sheeting to avoid leaking of the dusty materials. III. WATER QUALITY MONITORING AND PRESERVATION: (i) Appropriate drainage channels need to be designed to take care of the water flow into the nearest water courses/rivers, etc. (ii) It should be ensured that sustainable water flow in the various channels of watershed in the plateau is maintained. (iii) Storm water drains are to be built for discharging storm water from the air-field to avoid flooding/water logging in project area. Domestic and industrial waste water shall not be allowed to be discharged into the storm water drains and directed to STP for treatment. (iv) Proper drainage systems, emergency containment in the event of a major spill during monsoon season etc. shall be provided. (v) The runoff from paved structures like Aprons can be routed through drains to oil separation tanks and sedimentation basins before being discharged into rainwater harvesting structures.

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A (vi) Run off from chemicals and other contaminants from aircraft maintenance and other areas within the airport shall be suitably contained and treated before disposal. A spillage and containment plan shall be drawn up and implemented to the satisfaction of the State Pollution Control Board. B (vii) The project activity shall conform to the General Standards for Discharge of Environmental Pollutants notified in the Environment (Protection) Rules, 1986, and amended from time to time. (viii) Rain water harvesting for roof run-off and surface run-off, C as plan submitted should be implemented. Rain water harvesting structures shall conform to CGWA guidelines. Before recharging the surface run off-pre-treatment must be done to remove suspended matter, oil and grease. IV. NOISE MONITORING AND PREVENTION: D (i) Notification GSR 568(E) dated 18.06.2018 of MoEF & CC regarding Ambient Air Quality Standards with respect to Noise in Airport Noise Zone shall be complied with. (ii) Noise level survey shall be carried as per the prescribed guidelines and report in this regard shall be submitted to E Regional Officer of the Ministry as a part of six-monthly compliance report. (iii) Noise from vehicles, power machinery and equipment on- site should not exceed the prescribed limit. Equipment should be regularly serviced. Attention should also be given F to muffler maintenance and enclosure of noisy equipments. (iv) Acoustic enclosures for DG sets, noise barriers for ground- run bays, ear plugs for operating personnel shall be implemented as mitigation measures for noise impact due to ground sources. G (v) During airport operation period, noise should be controlled to ensure that it does not exceed the prescribed standards. During night time the noise levels measured at the boundary of the building shall be restricted to the permissible levels to comply with the prevalent regulations. H

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(vi) Where construction activity is likely to cause noise nuisance to nearby residents, restrict it to only during day time i.e. between 7 am to 6 pm. V. ENERGY CONSERVATION/CLIMATE CHANGE MEASURES: (i) Energy conservation measures like installation of LED should be integral part of the project design and should be in place before project commissioning. (ii) Initiatives such as Green Infrastructure Development program, adoption of less emission intensive technologies, renewable energy program, electrical vehicles and Airport C Carbon Accreditation need to be adopted to reduce its impact on climate change and Green House Gas (GHG) emissions as per environmental best practices governing Greenfield airports. VI. WASTE MANAGEMENT: D (i) Soil stockpile shall be managed in such a manner that dust emission and sediment runoff are minimized. Ensure that soil stockpiles are designed with no slope greater than 2:1 (horizontal/vertical). E (ii) The project activity shall conform to the Fly Ash notification issued under the EP Act of 1986. (iii) The solid wastes shall be segregated as per the norms of the Solid Waste Management Rules, 2016. Recycling of wastes such as paper, glass (produced from terminals and aircraft caterers), metal (at aircraft maintenance site), plastics (from aircrafts, terminals and offices), wood, waste oil and solvents (from maintenance and engineering operations), kitchen wastes and vegetable oils (from caterers) shall be carried out. (iv) Solid inert waste found on construction sites consists of building rubble, demolition material, concrete; bricks, timber, plastic, glass, metals, bitumen etc shall be reused/recycled or managed so as to strictly conform to the Solid Waste Management Rules, 2016, and Construction and Demolition Waste Management Rules, 2016. H

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A (v) The project proponents shall implement a management plan duly approved by the State Pollution Control Board and obtain its permissions for the safe handling and disposal of: a Trash collected in flight and disposed at the airport including segregation, collection and disposed. B b Toilet wastes and sewage collected from aircrafts and disposed at the Airport. c Wastes arising out of maintenance and workshops. d Wastes arising out of eateries and shops situated inside C the airport complex. e Hazardous and other wastes. VII. GREEN BELT: (i) Green belt shall be developed in area as provided in project details, with native tree species in accordance with Forest D Department. The green belt shall inter alia cover the entire periphery of the Airport. (ii) The plantation species in and around Airport site should be carefully chosen to avoid bird nesting and to improve pollution control and noise control measures. Water intensive and/or E invasive species should not be used for landscaping. (iii) Plantation activity should be taken up under the expert guidance for forest department of Goa, care should be taken that soil erosion measures should be taken up on priority so that the right mineralized soil of forest is not washed away. F The plantation activity should also have an approach of soil conservation where planting is done along the contours avoiding gully formation. As far as possible monoculture plantation should be avoided. (iv) The proposed 10 times compensatory plantation need to be G monitored by the Government of Goa so that the target of planting 5.5 lakh saplings is achieved in a a time bound manner, their survival rate is monitored and mortality is replenished. As major chunk of 2.5 lakh of saplings is proposed to be done by the village level Bio Diversity H

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Committees, it is necessary to ensure that people are largely given native species and/or fruit bearing saplings so that they will be able to derive economic benefits from such fruit crops and also such trees will provide better biological environment to birds. (v) Top soil shall be separately stored and used in the development of green belt. VIII. PUBLIC HEARING AND HUMAN HEALTH ISSUES: (i) Solution/management plan regarding redressal of all the concerns raised in the public hearing must be clearly spelt out in the EMP and shall be implemented in letter and spirit. Compliance for each mitigation plan shall be submitted to Regional Office, MoEF&CC along with half yearly compliance report. (ii) Provision of Electro-mechanical doors for toilets meant for disabled passengers shall be ensured. Children nursing/ feeding room shall be located conveniently near arrival and departure gates. (iii) Emergency preparedness plan based on the Hazard identification and Risk Assessment (HIRA) and Disaster E Management Plan shall be implemented. (iv) Provision shall be made for the housing of construction labour within the site with all necessary infrastructure and facilities such as fuel for cooking, mobile toilets, mobile STP, safe drinking water, medical health care, creche etc. The F housing may be in the form of temporary structures to be removed after the completion of the project. (v) Occupational health surveillance of the workers shall be done on a regular basis.”

47Copy pinpoint47. We have also taken note of the assurance which has been G tendered on behalf of the concessionaire that it will adopt a Zero Carbon Programme both in the construction and operational phases of the airport. We accept the undertaking of the concessionaire and issue a direction for compliance. H

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48Copy pinpoint48. The earlier judgment of this Court highlighted numerous deficiencies by the project proponent leading to the grant of the EC. This Court highlighted numerous concerns including the preservation of forests, the existence of ESAs with their attendant features and the impact of the proposed project on natural water channels. The Court also noted the abject failure of the project proponent to provide complete B information on the existence of reserved forests. In the proceedings that followed the judgment of this Court, the project proponent sought to remedy its failure by taking into account additional information on significant aspects of the environment. In the process leading to the grant of the EC as well as the lifting of its suspension by this Court, C numerous mitigatory conditions have been imposed on the project proponent. We deem it appropriate to ensure the oversight of the project by a specialized body to ensure compliance with the directions cumulatively issued by this Court. We direct the National Environmental Engineering Research Institute19 to be appointed to oversee compliance with the directions cumulatively issued by this Court. The project D proponent shall bear the costs, expenses and fees of NEERI.

49Copy pinpoint49. The suspension on the EC shall accordingly stand lifted.The Miscellaneous Application is accordingly disposed of.

E Ankit Gyan Application disposed of.

19 H NEERI