National Green Tribunal
Samita Rajendra Patil vs Jindal Steel Works Ltd on 4 March, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 06 (Court No.01)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 165/2020
(Earlier O. A. No.122/2015 (WZ)
Samita Rajendra Patil Applicant
Versus
Jindal Steel Works Ltd. & Ors. Respondent(s)
Date of hearing: 04.03.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Shriram Kulkarni, Advocate
Respondents: Mr. Mukesh Verma, Advocate for MPCB
Mr. Pinaki Misra, Senior Advocate with Ms. Gauri Rasgotra,
Advocate for R - 1 & 2
ORDER
[
1. Grievance in this application is against violation of environmental norms in running the industrial operations by the project proponents (PP), respondents 1 and 2 - Jindal Steel Works Limited at Village Dolwi, Karawi, Gadab, KharKaravi, Kharmachela and Jui Bapuji and other surrounding areas, District Raigarh, near Mumbai.
2. The matter has been examined and monitored by this Tribunal on several occasions in the last more than six years in the light of pleadings of the parties and reports of the regulators, furnished in pursuance of directions of the Tribunal. Since serious violations of environmental norms were found to be continuing, an updated status report was sought 1 vide last order dated 27.5.2021 from an independent fact finding committee after undertaking visit to the site and considering the versions of the stakeholders. The Committee was also to suggest remedial action for future and compensation on 'Polluter Pays' principle to cover the restoration cost for the past violations. Last order is quoted below in extenso for maintaining continuity:-
"2. The case set out in the application is that the location of the plant in question adjoins the creek up to village Dolvi. Kharmachela and other villages are covered by Mangroves which protect the environment in the area. Similarly, the Dharamtar creek has covered complete one side of the plant. Even the large area of their plant was covered by the then existing mangroves. The respondent Company has also constructed the coke oven plant by destroying mangroves and construction of coke oven plant is in process. The Respondent is also causing expansion of the jetty. The respondents are using one conveyer belt. The company has not only destructed mangroves on a large scale within their company premises but also destroyed the natural water/creak water/ water channels in their activity. On 6th October, 2005 in a group of Petitions bearing W.P. No. 3246 of 2004, the Hon'ble Bombay High Court has issued various, directions including to the present Respondent authorities, for protection and reservation of the fast depleting mangrove forest. Mangrove area were directed to be identified including from privately owned land and declared/notified as forest. Similarly, no mapping of mangroves is done till date, within the knowledge of the applicants. On the contrary, the applicants are informed that respondents are not aware as to whether the conveyor belt is being constructed on the mangrove's area. Now the Respondent Company has encroached the natural creak channels, mangroves and destroyed the same and expanded their plant. The Respondent Company is having coke oven plant in the manufacturing of the Steel manufacturing plant. There is potential of adverse effect of coke plant on human health on account of noxious gases. Impact is also on the organism and/or via the food chain. Injurious heavy metals viz. lead, mercury, cadmium can enter the food chain. The plant is working and gases/smoke are generated on huge level which demonstrates that the Respondent Company has no concern with the environmental damage and human lives in the locality. The air pollution caused by the Respondent No. 1 Company has also destroyed the agricultural land, because the dust carries the waste material of the company which gets settled on the agricultural field. The Respondent Nos. 1 and 2 have dumped the byproduct/waste product in the surrounding area which has caused the air pollution, water pollution and soil pollution. Large area of village Kharmachi, Kharkaravi, Juibapuji, Dolwi, Kharchirbi, Wadkhal, Vave, Kolve etc. villages situated within Taluka Pen is covered by mangroves/kandalvan. It is useful for reproduction of the fishing activities and it maintains the natural balance of environment. It also controls the soil pollution. It also controls the creek water entering in the agricultural area. It is 2 also useful for soil conservation. The huge waste material/by- product is generated in the manufacturing process of the respondent no. 1 and 2 activities which is illegally and dumped upon the mangroves spread over the large area of the villages referred hereinabove. Similarly, the said waste material is also dumped upon the Agricultural lands situated in the above said villages. The said by-product/hazardous material is dumped even in agricultural lands and it has also destroyed the fertility not only of those lands but also of the adjoining one. This by- /waste product has choked the natural drains/nalas and the rain water gets accumulated and either enters the agricultural fields with the said material or in the residential houses. Similarly, it destroys the aquatic flora and fauna and also affects their productivity. The salt level in the land has increased and it is dangerous to all types of crops. The Agricultural fields around salty water bodies are completely protected by a bandh which is popularly known as "Kharbandisti". Kharbandisti protects the agricultural fields from sea water entering in them. This Kharbandisti is in existence since time immemorial. The respondent no. 1 and 2 have damaged the said Kharbandisti which has rendered the agricultural filed as unfertile. The factory premises as well as their village and agricultural field are situated near creek which is popularly known as Dharmtar Creek. The natural canal of the creek water is passing EastWest and situated on southern side of company premises. On the northern side of the field there is Kharbandisti. The Government has created a separate Khar Land Department which has to take the precaution to protect the agricultural land from the creek water and it is their duty to maintain the Kharbandisti. On 03.01.2015, the Tahasildar, Pen has informed the respondent no. 1 that the company has destroyed the Kharbandisti and the entire construction of the Bandh is incomplete between Ughadi No. 1 to Ranchhoddas Ughadi No. 4 and he called upon the report of the company about the action taken by them. The respondent Company has dumped the waste products in the mangrove areas, destroyed the mangroves of the large area and destroyed the aquatic life, in expansion of the Jetty. Fishing business has completely stopped and all the families of various villages referred hereinabove have lost their source of livelihood and the loss is enormous and beyond repairs, because once the sea water enters the agricultural field or if the soil is damaged by the bye products of the Respondent Company, it becomes infertile and then the villagers have no other option than to purchase the fertile land elsewhere and/or to shift from the said area forever in search of the livelihood.
3. The application was originally filed on 26.09.2015 before the Pune Bench and notice was issued on 01.10.2015 to the respondents which includes the Project Proponent, the Maharashtra State PCB, the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the concerned authorities of the State of Maharashtra. Apart from the National Coastal Zone Management, the contesting respondents have filed their replies.
4. The State PCB in its reply filed on 22.12.2015 has stated that Environment Clearance has been granted for Jetty on 04.01.1995. The State PCB granted consent to operate and consent to establish to the predecessor of the respondent. On receiving a compliant about 3 destruction of mangroves, the matter was referred to the District Collector, Raigad with regard to the EC conditions in constructing Jetty. It was found that additional length has been constructed without requisite EC. Further, air pollution control systems were inadequate for which show cause Notice was issued on 02.11.2015. A report was also sought about CRZ violations and adverse impact on health of villagers and the agricultural land. With regard to fish mortality, compensation was found to have been paid. The PCB has also directed taking of precautionary measures.
5. In the affidavit filed by the Project Proponent, apart from raising plea of limitation, it is stated that the Project Proponent is using latest technology of steel making and compact strip production (CSP) for producing hot rolled coils. The plant is also vital as it provides raw materials to feed the other JSW Steel cold rolling and downstream facilities at Vasind, Tarapur and Kalmeshwar. The plant also supplies steel to industries of national importance including the air and gas automotive and machinery industries, infrastructure and construction sectors, cold rollers industry, factories and consumers durables and steel production. In the year 1984 Nippon Denro Ispat Limited was established by its founding Chairman, Mr. M.L. Mittal with interests in Iron, Steel, mining, energy and manufacturing sectors and had set up various plans including the Dolvi Plant. This land has been declared as Industrial Zone by Government of Maharashtra as Nagothane Growth Centre as per notification of Urban Development Department; Government of Maharashtra dated 04.07.1992. The plant of the respondent no. 1 was set up in the industrial zone duly notified by the Government of Maharashtra under a notification which is valid, legal and subsisting. On the issue of destruction of mangroves, it is stated that there is no destruction of mangroves by any of the activities carried out by the respondent no. 1 in the plant. Damage to the Khar Bandisti has also been denied. It is stated that respondent no. 1 has spent more than 2 crores for the repair and maintenance of the Khar Bandisti as a part of its Corporate Social Responsibility (CSR) activities and states that the Dharamtar creek is having around 25 kilometers of khar bandisti which is to be maintained by khar land Department of Government of Maharashtra. Respondent No. 1 has erected conveyor belt along sides the old conveyor belt. I further state that the land being used by the Respondent No. 1 is owned by the Maharashtra Maritime Board is enclosed by boundary wall.
Hence, question of destruction of mangroves does not arise. On 05.05.2015, the Maharashtra Pollution Control Board has also issued consent to operate in favour of Amba River Coke Limited for running the Coke Oven Plant at Dolvi.
6. It is not necessary to refer to the pleadings filed by the other respondents.
7. Vide order dated 07.11.2017, in continuation of earlier directions, the Tribunal directed as follows:-
"Learned Counsel appearing on behalf of MPCB undertakes to produce copy of the investigative, scientific and laboratory analysis Reports in respect of various locations visited in 4 connection with the said joint visit before us and give its suggestions in terms of prayer Clause 'b' of the Application in respect of pollution detected by them on 7.8.2016."
8. On 30.01.2018, following further order was passed:-
"The Applicant's counsel could submit that MPCB as well as MCZMA have not complied with the direction of this Tribunal but submit a report making recommendations and suggestions which is factually incorrect. Mrs. Supriya Dangare, learned counsel for MPCB submits that based on the inspection appropriate recommendations and suggestions will be worked out and submit to the Tribunal. In the circumstances, we direct MPCB to prepare the report giving recommendations and suggestions and serve copy to the respondent industry for his response."
9. On 28.07.2020, the matter was transferred to the Principal Bench. We have heard Learned Counsel for the applicant, the Project Proponent and the State PCB.
10. We have accordingly heard learned Counsel for the Applicant, the project proponent and for the MPCB. After referring to the averments in the application, learned counsel for the Applicant has drawn our attention to the report filed by the State PCB on 07.08.2020 in compliance of order dated 30.01.2018, as follows:-
"In compliance of the said Hon'ble NGT Order dated 30.01.2018, the Maharashtra Pollution Control Board is filing its report as under:-
1. The Respondent Board has granted Consent to Operate to M/s. JSW Steel Ltd (Formerly known as M/s. Jindal Steel Works Ltd.) an Integrated Steel Plant, located at Dolvi Raigad, Tal: Pen, Dist: Raigad for HSM and BFP Plants vide consents dated 07.04.2018 and 02.11.2018 respectively. As per the consent conditions, the slag's generated from hot strip mill and blast furnace plant are under the Non-
Hazardous Waste category.
2. The Respondent Board issued a letter dtd. 05.08.2020 incorporating the following suggestions & recommendations to the Respondent industry.
i. The industry shall comply with all conditions prescribed in the consent issued by the Board and dispose off existing as well as proposed generated slags as per consent conditions at designated places in scientific manner.
ii. The industry shall also explore the possibilities of utilization of slag in cement manufacturing, used as aggregates in civil & road construction and brick manufacturing activity including land reclamation and in marine applications as per CPCB guideline without violating of consent conditions.
5iii. The industry shall strictly follow the guideline on handling and management of High Volume Low Effect Waste Slag from pyrometallurgical operations of Iron & Steel and Ferrous Alloy units prepared by CPCB.
iv. The industry shall take all precautionary measures to avoid any soil contamination, groundwater and surface water pollution also any adverse effect on environment and nearby villagers.
v. The industry shall strictly comply with all consent condition, CPCB guidelines and orders issued by Hon'ble NGT."
11. It was submitted that though the report shows that there are non-compliances, the true status of compliance has not been set out with reference to the allegations in the application.
12. Learned Counsel for the project proponent - respondent nos. 1 and 2, has drawn our attention to the compilation of documents filed, list of which is as follows:-
Sr. No. Date Particulars Page No.
Judgments/Orders
1. 17.09.2018 Judgment and Order of Hon'ble Bombay 1-83
High Court in PIL No. 87 of 2006
2. 13.11.2017 Order of Hon'ble Bombay High Court in 84-91
PIL No. 102 of 2014
3. 15.10.2019 Order of Hon'ble Bombay High Court in 92-94
WP No. 1643 of 2019
4. 09.07.2020 Order of Hon'ble Bombay High Court in 95-102
WP (st.) No. 4894 of 2020
5. 23.05.2017 Order of this Hon'ble Tribunal in Appeal 103-124
No. 30 of 2016
Clearances/Permissions
6. 24.02.2015 CRZ Recommendationissued by 125-128
Maharashtra CoastalZone Management
Authority (Respondent No. 2) ("MCZMA")
for expansion of the existing jetty facility.
7. 25.08.2015 Environment clearance forfurther expansion 129-137 of integrated steel pl
8. 26.11.2015 Environment and CRZ Clearance issued 138-144 by the Ministry of Environment, Forest andclimate Change dated 26.11.
69. 26.03.2016 Amended Environment andCRZ Clearance145-146issued by the Min Change amending the Environment and CRZ Clearance dated 26.11.2015, for expansion of the DharamtarJetty facility.
10 16.02.2019 CRZ Recommendation by MCZMA fo 147-148
. construction of additional conveyor
belts/streams in respect of expansion of
the Dharamtar Jetty facility.
11. 10.01.2020 Amended Environment and CRZ 149-151
Clearance issued by MoEFCC for
construction of additional conveyor
belts/streams in respect of expansion of
the Dharamtar Jetty facility.
Compliance of Order dated 30.01.2018 passed by this Hon'ble Tribunal
12. 06.08.2020 Letter issued by Respondent No. 1 to 152-154 MPCB in response to MPCB's letter dated 05.08.2020
13. 07.08.2020 Compliance Report of MPCB 155-157 Miscellaneous Document(s)
14. Jan-March Report on Mangrove Restoration 158-183 prepared by Nature Environment & 2018 Wildlife Society
13. Having regard to the nature of the violations alleged in the application, which have been denied by the Project Proponent, we are of the view that an updated status report is required by an independent and credible Committee to determine whether any further remedial action is necessary. Learned Counsel for the PP submitted that acquittal orders may be looked into but the same are not relevant. Standard of proof in a criminal trial is different from civil case. We have not expressed any opinion on merits of the violation as we leave the question to be gone into later. It is however made clear that acquittal in criminal cases is not final for the civil liability in environmental law.
14. Accordingly, we constitute a five Members Joint Committee, to be headed by an officer of the rank of Joint Secretary, MoEF&CC, nominated by the Secretary MoEF&CC and comprising the CPCB, the IIT Mumbai, the District Magistrate, Raigad, the State PCB as Members. The Committee may look into the issues raised by the Applicant summed up above including compliance of the Water and Air Acts and HoWM Rules, destruction of Mangroves and damage to Agriculture, if any, status of scientific disposal of solid waste. It may also estimate the extent of environmental damage and the amount of Compensation required and restitution plan (in case of non- compliance). The Committee will be at liberty to take assistance from 7 any other Expert Institution or individual and conduct proceedings online, except for site visit, if necessary. The CPCB and the State PCB will facilitate the functioning of the Committee and act as nodal agency for coordination and compliance. The applicant as well as the project Proponent will be at liberty to represent their respective versions to the Committee through the State PCB. If the violations are found, the Committee may also suggest the amount of compensation to be recovered apart from other restoration measures. The Committee may give its report to the Tribunal as far as possible within four months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The first meeting of the Committee may be held preferably within one month to take stock of situation and plan further course of action. While giving a report to this Tribunal, its copies be given to the applicant as well as the Project Proponent for their response, if any, before the next date."
3. In pursuance of above, report of the joint Committee dated 21.01.2022 has been filed through the CPCB. Even though the matter may have to be deferred in view of prayer of Committee for extension of time to complete the proceedings, we may make a brief reference to the report and objections of the applicants thereto.
4. The Committee conducted its proceedings online and required specified agencies to give their assessments about the ground situation to the Committee. Such assessments were further considered online by the Committee. Further information was sought from the concerned authorities/sub-committees. Third meeting of the Committee discussed the status with regard to haphazard dumping of waste in the mangrove buffer zone close to the conveyor belt of the PP. The Committee thought the source of the waste to be from Panchayats, which is disputed by the applicants. It also noted destruction of mangroves, apart from haphazard dumping of waste, industrial emissions, haphazard dumping of de-silted sludge along the creek, storing of slag and other material generated during industrial operations for which action was required to be taken by the State PCB. Since validation and final assessment of the ground situation was yet to be completed, further time has been sought.
85. In their response, the applicants have submitted that they had no notice of visit of representatives of the Committee and could not present their version. The PP is responsible for various violations found by the Committee and those pointed out by the applicants in their objections.
The applicants have disputed the fact that the waste in the mangroves was municipal waste. According to them, the waste is dumped at the instance of the PP to reclaim the land. The waste is dumped not only at the site noticed but at various other sites specified in the objections.
Apart from unscientific dumping waste, there is discharge of untreated hazardous effluent in the creek, adversely affecting aquatic life. There is also illegal construction of a bridge by dumping waste material and destroying the mangrove.
6. We may now reproduce the relevant observation from the report of the Committee as well of the applicants in their objections:-
Report of the Committee "The joint committee under the Chairmanship of Shri Jigmet Takpa, Joint Secretary, MoEF&CC convened its first meeting through video conferencing on 04/08/2021. The joint committee deliberated in detail on various alleged issues mentioned in the Hon'ble NGT order dated 27/05/2021 w.r.t. non-compliances of Water & Air Acts, HOWM Rules, destruction of mangroves/creeks/natural channels/nallahs, damage to agriculture fields and unscientific disposal of slag by M/s Jindal Steel Works Ltd., Dolwi and directions passed by the Hon'ble NGT to the committee. After detailed discussions, various assessment/studies were identified to be carried out through respective concerned agencies and an action plan was also formulated in order to comply with the aforesaid order of the Hon'ble NGT. Copy of such identified assessment/studies and respective concerned agencies are given in the minutes of first meeting of the joint committee is given at Annexure-1. Such concerned agencies were requested vide emails in August 2021 to submit assessment/studies reports as per the said action plan. Thereafter, follow ups were also carried out. Representations from applicant were also received and concerned agencies were also requested to incorporate such represented issues in their assessment/studies reports.9
Upon receipt of assessment/studies reports from concerned agencies (viz. NCSCM-Chennai, MoEF&CC-Nagpur, MPCB, District Collector- Raigad, Khar Land Department, Agriculture Department and District Health Officer) during October, 2021, the committee made detailed deliberations on findings/gaps in the assessment/studies reports during second meeting held on 19/11/2021 through video conferencing. Following are decisions in brief taken during the said second meeting:
(i) NCSCM to further carry-out assessment studies w.r.t.
destruction of mangroves, loss/encroachment of natural creeks and mangrove buffer areas in terms of time-series maps.
(ii) Reporting of damages/loss/encroachment of mangroves/natural creeks/mangrove buffer areas taking into account of mapping of mangroves and natural creeks reported by Maharashtra Remote Sensing Application Centre (MRSAC);
(iii) A sub-committee headed by the District Collector-Raigad or his representative not below the rank of Add. District Magistrate, with representatives from Mangrove Cell (Govt. of Maharashtra), NCSCM, MRSAC and the District Revenue Department, to carry out field validation of damage/encroachment of mangroves/mangroves buffer zone/creeks as per satellite image report of NCSCM along with landownership of such premises & activities therein. Action plan for review including validation through field survey on various activities by the aforesaid sub-committee and concerned agencies, including Terms of Reference (ToR) were also prepared by the committee.
(iv) Various assessment studies/report to also include areas in & around 13 no. of alleged villages.
(v) The sub-committee to also co-ordinate with various other concerned organisations & evaluate (with field validation also) other damage assessment/reports of various agencies such as State Agricultural Dept., State Khar Land Dept., State Fisheries Dept. and State Maritime Board.
(vi) The said sub-committee to submit its target date,as expeditious as possible, to the joint committee for each of the activitiesto enable the committee in seeking necessary time extension by the Hon'ble NGT.
(vii) Upon receipt of the aforesaid sub-committee's report with field validations, wherever applicable, the joint committee shall carry-out site inspection wherein source/fugitive emission monitoring of the coke oven plant and ambient air quality monitoring shall also be carried out by MPCB and CPCB. Such monitoring & analysis may be carried out by MPCB Laboratory. In case, such facility is not available with MPCB Laboratory, MPCB may engage EPA approved or NABL accredited Laboratory for the same. Meanwhile, it was also felt prudent to have a field visit by a team comprising of Sh. Sundeep, Director, MoEF&CC, Sh. Bharat Sharma, Regional Director, CPCB RD Pune, Sh. Nishchal C., Sc. D, CPCB RD Pune, and senior officers of MPCB for further assessment of some of the findings apart from the scope defined for the sub- committee as the joint committee observed that the findings 10 and preliminary assessment are based either on secondary data or are have been provided by the concerned agencies.
(viii) Health record of employees working in the coke oven plant of the industry under reference for the assessment period w.e.f. September, 2010 to May, 2021, may also be assessed especially w.r.t. respiratory diseases by the District Health Officer. Report in this regard be submitted to the joint committee by the District Collector, Raigad through District Health Officer
(ix) With regard to valuation of services losses due to encroachment/loss/destruction of mangroves, natural creeks and mangroves buffer areas including required remedial measures, restitution plan and estimated cost thereto, an expert committee comprising of representative from NCSCM, Indian Institute of Forest Management-Bhopal, Madras School of Economics, Mangrove Cell (Govt. of Maharashtra) and NEERI has been decided to be constituted. The expert committee to deliberate and work out approach/methodology for such valuation/remedial measures/restitution plan and estimated cost which may be applied on validated encroachment/loss data to be worked out by the sub- committee.
Details of the aforesaid decisions/activities/action plan including ToR are given in the minutes of second meeting of the joint committee at Annexure-2.
Accordingly, the concerned agencies were requested vide email dated 30/11/2021, 10/12/2021 and 17/01/2022 to execute/validate as per the aforesaid action plan and ToR therein and submit time target to the joint committee for completion of the same.
Also, as decided during the second joint committee meetingheld on 19/11/2021, a team of committee members/officials from MoEF&CC, CPCB and MPCB carried-out site inspection of M/s JSW Ltd., during 29/12/2021 to 30/12/2021. A meeting with the various concerned agencies were also held during the said site visit to assess the status/progress of various assessment studies and field survey on 29/12/2021, followed by meeting with the District Collector, Raigad and District Range Forest Officer - Mangrove Cell on 30/12/2021 to discuss the status and way forward of the action plan, ToR and timely compliance of the Hon'ble NGT order.
During the said meeting on 29/12/2021, locations and parameters for monitoring of ambient air quality, fugitive emission and source emission were decided. During the field visit, the team observed sporadic and haphazard dumping of municipal solid waste within the 50 m mangrove buffer zone of the conveyor belt area of M/s JSW Ltd., i.e. from the stretch between Maharashtra Maritime Board jetty till the approach road of the Alibaug-Mumbai highway. It is gathered through the District Administration that the particular land is Govt. owned and the municipal solid waste has been dumped illegally by the nearby gram panchayats viz. Dolvi and Vadkhal in the 50 m mangrove buffer area. Satellite image depicting the destruction of mangroves and photographs depicting the destruction of mangroves 11 including sporadic and haphazard dumping of municipal solid waste is given at Photographs 1 to 4.
During the meeting, District Administration and Mangrove Dept. were requested to take suitable action against the village panchayat for destruction of mangroves, construction of illegal approach road and illegal dumping of municipal solid waste in the mangrove buffer area. It was also requested that appropriate remedial measures be taken and implemented for restoration of the reported damaged mangrove buffer areas.
The team also made the following observations:
i. Emission from the stack attached to sintering plant was observed, it needs to be ascertained the cause of such emission and its frequency after analysis of the feed composition and adequacy of the pollution control system installed for control of emission from sinter plant. ii. Fugitive emissions (secondary emissions) were observed during the visit from Steel melting shop-1. Reportedly, the dilapidated enclosure sheets were removed for installation of new enclosure sheets. As reported, replacement of enclosure sheets were under progress as routine maintenance work, however, due to lack of proper planning and scheduling of maintenance activities, such emission happens. Industry shall ensure that appropriate standard maintenance practices (SMP) is developed and adopted to avoid such episodes emissions.
iii. The industry has carried-out de-silting of natural creek, passing through the industrial premises. It is observed that the de-silted sludge was haphazardly dumped along the natural creek, leading spillage back into the natural creek. The industry has not identified the designated storage area for handling and storage of de-silted sludge. Also, not having the management and utilization plan for the same. Housekeeping and proper management plan for such de-silting waste from the creek channel may be developed by the industry in a tome bound manner.
iv. Slag generated from the steel melting shop is stored near the slag processing plant was devoid of wind breaking walls, such inadequate containment measures may contribute to area sources of air pollution during transportation, handling of slag and during winds.
v. Similarly, the raw material handling and storage area meant for storage of iron bearing material, carbon bearing material, fluxes and coal was also observed to be devoid of adequate wind breaking walls, such inadequate containment measures may contribute to area sources of air pollution during transportation/handling of raw materials and during winds.
MPCB was requested to take necessary action against the industry. Accordingly, MPCB vide letter No. BO/RO-Raigad/TB-220103-FTS- 0170, dated 03/01/2022 has directed the industry to submit the action plan along with time line for compliance of the points within a period of three days from the receipt of letter from MPCB.
12It is humbly submitted that work of field validation/assessment/studies as per the action plan and ToR by various agencies, as identified by the joint committee, are in progress. Further, considering the quantum of works to be completed, no. of State Govt. agencies & research institutes involved for carrying out various field validation/assessment/studies, as above and given at Annexure-2, and due to the present pandemic situation, the Hon'ble NGT may kindly grant extension of time period of three months to the joint committee for submitting its report in compliance with aforesaid order dated 27/5/2021."
137. Action plan prepared in the meeting of the Committee has been annexed to the report is as follows:-
"Annexure - II Action plan for compliance of Hon'ble NGT order and Terms of Reference of sub-committee constituted in meeting dated 19.11.2021 S. Assessment on various Present status of Terms of Reference for Responsible agency/ Sub- no. activities/studies assessment on various assessment on various committee activities/studies activities/studies
1. Destruction of As per the studies a. Compilation of three set of time- i. National Centre for Sustainable mangroves of Dharamtar undertaken using satellite series satellite maps at Site-1 & Coastal Management (NCSCM), creek and within & images and report Site-2 w.r.t. status of Chennai. NCSCM to carry-out around M/s JSW submitted by NCSCM that destruction of mangroves of activity i.e. a & b of Col. No. 4 premises (w.e.f. during 1997 - 2021 the Dharamtar creek and within & and submit its report to the sub- September, 2010 to total loss of mangrove areas around M/s JSW viz. 1997 to committee. May, 2021) due to estimated at Site-1 is 12.4 August, 2010, September, 2010 ii. MPCB will make the maps of various developmental/ ha and at Site-2 is 9.25 ha. to 2014 and 2015 till May, mangroves and natural creeks expansion activities 2021, to delineate the present prepared by Maharashtra Remote carried-out by M/s JSW. status. Sensing Application Centre b. To examine mapping of (MRSAC), available to NCSCM. mangroves reported by MRSAC iii. The sub-committee headed by the and the same to be taken into District Collector-Raigad, with account while reporting representatives from Mangrove damages/ loss of mangroves Cell (Govt. of Maharashtra), areas, if any, in its report, NCSCM, Maharashtra Remote c. After compilation w.r.t. a & b, at Sensing Application Centre, above, delineation of the area(s) (MRSAC), and the District under Site-1 and Site-2 with Revenue Department to carry-out superimposition of land revenue activity i.e. c & d of Col. No. 4 as map, to validate such reported per report provided by NCSCM loss/destruction of mangrove and also gathering other areas falling within M/s JSW information/ data/ report.14
premises, Govt. land and Pvt.
Land if any; through
reconnaissance survey
including activities at such
lands.
d. Mapping reported damages of
mangroves areas with activities
(direct or indirect) of M/s JSW
by field validation and relevant
information collation.
i Valuation of services -- An expert committee to rationalize Expert committee comprising
losses due to and propose approach/methodology representatives from NCSCM,
encroachment/loss/dest for monetizing through valuation of Indian Institute of Forest
ruction of mangroves services and cost for remedial Management (IIFM) Bhopal,
areas including required measures / restitution plan and Madras School of Economics,
remedial measures, propose rationale / algorithm for Mangrove Cell (Govt. of
restitution plan and estimating cost which may be Maharashtra) and NEERI.
estimated cost thereto. applied on validated destruction/
encroachment/ loss of mangroves
observed, if any.
2 Status of encroachment As per the report of District a. Compilation of three set of time- i. NCSCM to carry-out activity i.e.
of natural creeks and Collector, Raigad; no series satellite maps at Site-1 & a & b of Col. No. 4 and submit
channels with details encroachment or Site-2 w.r.t. loss/encroachment its report to the sub-committee.
due to various unauthorized construction of area of Natural Creeks and ii.
developmental/ has been done in natural within & around M/s JSW viz. iii. MPCB will make the maps of
expansion activities creek or nala by M/s JSW. 1997 to August, 2010, mangroves and natural creeks
carried-out by M/s JSW However, as per report of September, 2010 to 2014 and prepared by Maharashtra
including jetty areas NCSCM; the total loss of 2015 till May, 2021, to delineate Remote Sensing Application
(w.e.f. September, 2010 area of Natural Creeks the present status. Centre (MRSAC), available to
to May, 2021). estimated at two locations b. To examine and mapping of NCSCM.
viz. Natural Creek # 1 is natural creeks reported by iv. The sub-committee headed by
1.27 ha and at Natural MRSAC and the same to be the District Collector-Raigad,
Creek # 2 is 1.09 ha. taken into account while with representatives from
reporting loss/encroachment of Mangrove Cell (Govt. of
natural creeks areas in its Maharashtra), NCSCM,
report. Maharashtra Remote Sensing
15
c. After compilation w.r.t. a & b, at Application Centre, (MRSAC),
above, delineation of the Natural and the District Revenue
Creek-1 & 2 with Department to carry-out activity
superimposition of land revenue i.e. c & d of Col. No. 4 as per
map, to validate such reported report provided by NCSCM and
loss/encroachment of area of also gathering other
Natural Creeks, caused due to information/ data/ report.
activities (Direct/indirect) of
M/s. JSW and identification as
within/outside the premises of
M/s JSW premises, Govt. land
and Pvt. Land if any; through
reconnaissance survey including
present activities on such lands.
d. Establishing reported
loss/encroachment of Natural
Creeks with the activities of M/s
JSW by field validation and
relevant information collation.
i Valuation of services -- After completion of works w.r.t. a, b, Expert committee comprising
losses due to c & d of above, and validation, representatives from NCSCM, Indian
encroachment/ loss of submission of reports by the sub- Institute of Forest Management
Natural Creek areas committee, the expert committee to (IIFM) Bhopal, Madras School of
including required work out approach/methodology for Economics, Mangrove Cell (Govt. of
remedial measures, such valuation/ remedial Maharashtra) and NEERI.
restitution plan and measures/ restitution plan and
estimated cost thereto. estimated cost which may be
applied on validated encroachment/
loss of Natural Creek areas data
being worked out by the sub-
committee.
3 Assessment of adverse effects due to emissions from coke oven plant.
i Source emission -- a. To carry-out source emission W.r.t. (a to d): Jointly by MPCB
monitoring of stack monitoring of stack attached to and CPCB during joint committee
attached to cove oven coke oven plant for the notified visit.
plant. standards /parameters/ as per
16
CC&A i.e.SO2, NOx, PM and CO.
b. Fugitive emission for PM during
coke pushing in coke oven and
during quenching operation in
coke oven.
c. Fugitive emission for BaP near
battery area and near other
units in coke oven plant.
d. Fugitive visible emissions (PLD,
PLL & PLO) of Coke oven as per
prevailing notification of CTO
condition battery areas.
ii Ambient air quality -- To carry-out ambient air quality Jointly by MPCB and CPCB during
monitoring. monitoring at 03 locations at about joint committee visit.
120º inside & outside the plant
premises, preferably at alleged
locations, near to residential area
shall be carried-out jointly by
MPCB and CPCB during joint
committee visit for the parameters
viz. PM10, PM2.5, SO2, NO2, CO.
4 Assessment on illegal dumping of by-products/waste products i.e. slag generated by M/s JSW on mangrove areas, natural
drains/nalas and also on agriculture lands in & around alleged villages (viz. Kharmachi, Kharkaravi, Juibapuji, Dolwi, Kharchirbi, Wadkhal, Vave, Kolve etc. situated within Taluka Pen). Also, on agricultural land/private lands/Govt. lands in & around alleged villages (viz. Gadab, Beneghat, Khardombi, Kharjambhela and Kharghat), (w.e.f. September, 2010 to May, 2021).
i Inventorization of various As per report of MPCB, a. To provide the W.r.t. (a and b): MPCB by-products/waste w.e.f. 2008 to 2021, M/s status/information on various products, their JSW has generated parties to whom slags were management as per 95,14,831 MT of slag, out handed over, slags intended CC&A conditions, status of which 92,12,044 MT has use while handing over, nature of management of the been either reused for of actual use of the slags by same w.r.t. disposal and captive utilization as RM, the parties, locations where utilization details. disposal in low-lying areas used and land ownership within premises as per details, MoU/ consent of CC&A and also on private individual(s) etc. taking into 17 lands. account of Environment Statement of M/s JSW also.
b. Mass balance on generation, storage and disposal/transfer of slags during September, 2010 to May, 2021 ii Assessment of illegal As per the studies To verify legal and illegal dumping The aforesaid sub-committee having dumping of by- undertaken using satellite (with estimated quantity) of by- representative from Agriculture products/waste products images and report products/ waste products i.e. slag Department (Govt. of Maharashtra) i.e. slag generated by submitted by NCSCM, the generated by M/s JSW on mangrove also. M/s JSW on mangrove details of dumping of areas, natural drains/nalas in the areas, natural waste/by-products on the aforesaid alleged villages through drains/nalas in the mangrove areas, natural reconnaissance survey. aforesaid alleged villages. drains/nalas could not be discerned/ established from satellite images.
iii Assessment of illegal Desired information yet to To verify legal and illegal dumping The aforesaid sub-committee having dumping of by- be provided by District (with estimated quantity) of by- representative from Agriculture products/waste products Collector, Raigad through products/ waste products i.e. slag Department (Govt. of Maharashtra) i.e. slag generated by Agriculture Department generated by M/s JSW on also. M/s JSW on agricultural (Govt. of Maharashtra). agricultural lands in the aforesaid lands in the aforesaid alleged villages through alleged villages. reconnaissance survey.
iv Collection of soil samples As per the information Upon assessment of activity as at s. District Collector, Raigad through from various locations of provided by District no. ii & iii of 4 above, collection of Agriculture Department (Govt. of the above areas and also Collector, Raigad through soil samples and analysis for Maharashtra). suitable reference soil Agriculture Department relevant parameters (to be decided samples (from unaffected (Govt. of Maharashtra), soil by Agriculture Dept. besides Boron area) and their analysis sampling & analysis shall and Sodium) in such places where, for relevant parameters be done in rabi season. dumping of slag if any; or impact including Boron and due to elsewhere dumping are Sodium. expected/observed on the agricultural lands in the aforesaid alleged villages. The report shall also conclude about impact on crop productivity in such affected 18 agricultural lands.
v Compilation of year wise As per the information Upon completion of activity as at s. District Collector, Raigad through crop productivity data provided, in villages of no. iv of 4, above, compilation of Agriculture Department (Govt. of and assessing its trend Dolwi, Karavi, Gadab, year wise crop productivity data Maharashtra). (w.e.f. September, 2010 Kharkarvi, Kharmathela, wise (w.e.f. September, 2010 to May, to May, 2021). In case, Juibapuji, no crop has been 2021) in the aforesaid alleged the aforesaid areas produced for last 15 years. villages (viz. Kharmachi, affected in terms of soil However, w.e.f. 2014-15, Kharkaravi, Juibapuji, Dolwi, fertility/ agricultural paddy productivity is at par Kharchirbi, Wadkhal, Vave, Kolve, productivity, then with that of taluka average. Gadab, Beneghat, Khardombi, estimation of extent of Kharjambhela and Kharghat) environmental damage, remedial measures & restitution plan and the amount of compensation as applicable;
vi Collection of various slag MPCB has collected slag a. MPCB to submit the analysis i. w.r.t. a: MPCB.
samples stored within samples generating from results of slag samples. ii. w.r.t. b: Joint committee.
the industry and hot strip mill (EAF slag) and b. Suggesting environmental
TCLP/STLC analysis for blast furnace slag on impact, if any, and remedial
parameters Arsenic, 25/10/2021. Slag samples measures, as applicable
Barium, Cadmium, were submitted to
Chromium, Copper, NABL/E(P)A approved
Cyanide, Lead, laboratory for TCLP/STLC
Manganese, Mercury, analysis of said parameters.
Nickel, Selenium, Silver
and Zinc as per
Hazardous & Other
Wastes (Management
&Transboundary) Rules,
2016 and also Broron&
Sodium.
5 Assessment on damage As per the report submitted To examine the reports of Exe. The aforesaid sub-committee
of Kharbandistibandh(if by Khar Land Dept., Exe. Eng. of Khar Land Dept. and having representative from Khar
any) due to activity of Eng. no such instances of overall assessment of damage to Land Dept. (Govt. of
M/s JSW. Also, status damage to the Kharland Kharbandistibandh if any; due to Maharashtra) also.
19
report including extent of Bund are observed due to activity of M/s JSW with field
salt level in the any Industrial activity. validation/reconnaissance
agricultural fields and survey.
areas affected, and
estimation of extent of
land damage, remedial
measures & restitution
plan and the amount of
compensation (w.e.f.
1990 till May, 2021 or
afterwards).
i Examining alleged As per the report submitted a. To provide detailed status i. w.r.t. a: The aforesaid sub-
incidence of 03/01/2015 by Khar Land Dept., EE & report on damages to various committee having
by the Tahasildar, Pen, AEE, the alleged incidence bandhs of Dharamtar Creek, if representative from Khar Land
as referred at Para 2 at is related to damage caused any; due to activity of M/s JSW Dept. (Govt. of Maharashtra)
page no. 4 of the order to the MachelaChirbi and with field validation/ also.
dated 27/05/2021 of the JuiHabbasKharland reconnaissance survey. Also,
Hon'ble NGT. scheme bunds, mainly to details on ingress of saline ii. ii: w.r.t. b and c: The aforesaid
due excessive rains and water into adjoining agricultural sub-committee having
high tide resulting in lands (survey no./ghat no. & representative from
breaches in the bund and location/villages name). Maharashtra Maritime Board
damage to slice gates that b. b. To examine whether barges (Govt. of Maharashtra) also.
resulted in ingress of saline and cargo ships of M/s JSW are
water in the adjoining only being navigated in
agricultural land. Dharamtar Creek.
c. To provide status report on
Also, mentioned that due to events of dredging activities had
traffic of barges and ships been carried-out in the
in Dharamtar Creek have Dharamtar Creek.
caused speedy erosion of
the bunds which can cause
the breach of bund
resulting in ingress of
saline water in reclaimed
area.
20
Dredging activity in
Dharmatar Creek has
resulted into the sliding of
bund in the creek.
ii Status report including As per the report of AEE, In case, incidence of ingress of salt District Collector through Agriculture
extent of salt level in the Kharland Act 1979 doesn't water reported, then delineation of Dept. (Govt. of Maharashtra).
agricultural fields and have mandate to determine agricultural areas around the
areas affected soil properties like salt level Dharmatar Creek and estimation of
in the agricultural field, salt level, extent of land damage &
area affected, extent of land remedial measures, as applicable.
damage & remedial
measures.
6 Assessment of violations MoEF&CC's Regional
MoEF&CC may provide MoEF&CC, IRO Nagpur.
of provisions of Office, Nagpur has verified information on post-facto
Environmental Clearance and reported the details of consideration of EC and provide
(EC) Notifications and EC compliance of EC
necessary comments to the joint
conditions in Notifications and conditionscommittee.
development/expansion of Dharamtar jetty facility.
of jetty (w.e.f. September,
2010 to May, 2021). M/s JSW Dharamtar Port
Private Limited without
obtaining prior EC, started
the construction activity for
expansion of existing jetty
facility from 331.5 to 1,750
m. Hence, the industry was
found violated the
provisions of Environment
Impact Assessment
Notification, 2006 & its
amendments. However, EC
was granted in 2015.
7 Assessment of violations As per the analysis of the a. To provide probable month of i. w.r.t. a: NCSCM.
of provisions of CRZ satellite images and report loss of mangrove buffer areas ii. The sub-committee headed by the
Rules and CRZ clearance submitted by NCSCM, it is visible from satellite images District Collector-Raigad, with
conditions by M/s JSW observed that the conveyor during construction of conveyor representatives from Mangrove
21
w.r.t. construction of belt has been constructed belt/ other constructions on Cell (Govt. of Maharashtra),
conveyor belt and in the 50 m buffer zone mangrove buffer areas. Amended NCSCM, Maharashtra Remote
development/ around mangroves. The Environment / CRZ Clearance Sensing Application Centre,
expansion/ operation of mangrove buffer areas have was issued for construction of (MRSAC), and the District Revenue
jetty (w.e.f. September, also been utilized for otheradditional conveyor Department to carry-out activity
2010 to May, 2021). industrial uses. The total belts/streams in respect of i.e. b of Col. No. 4 as per report
area of mangrove buffer expansion of the Dharamtar provided by NCSCM and also
areas lost due toJetty facility, vide MoEF&CC OM gathering other information/
construction of conveyor No. F. No. 11-79/2013-IA-III data/ report.
belt in 50 m mangrove dated 10.01.2020, based on
buffer areas and other recommendation dated
constructions in 50 m 16/02/2019 by the MCZMA,
mangrove buffer areas are with the condition that "no 10.62 ha. activity shall be carried out in mangroves or its 50 m buffer zone, as per 17th Sept. 2018 High Court order in PIL 87/2006". Thus, with regard to year/period (or closest date) of mangroves areas and demarcating the affected area, if any, of mangroves buffer areas thereto, NCSCM may provide a short brief on compliance status under relevant CRZ Notification, Env Clearance & CRZ clearance of 2015 as well as amended in 2020, as applicable.
b. After submission of report w.r.t.
a, at above, delineation of areas under reference to validate such reported loss of mangrove buffer areas through reconnaissance survey.
i In case of violations of Based on the assessment After completion of works w.r.t. a & Expert committee comprising provisions of CRZ Rules on violations of provisions b of above, and validation, representatives from NCSCM, Indian 22 and CRZ clearance of CRZ Rules and CRZ submission of reports by the sub- Institute of Forest Management (IIFM) conditions w.r.t. clearance conditions, as committee, the expert committee to Bhopal, Madras School of Economics, construction of conveyor above; NCSCM, has work out the Mangrove Cell (Govt. of Maharashtra) belt and calculated the amount of approach/methodology for such and NEERI. development/expansion/ environmental valuation/ remedial measures/ operation of jetty, compensation based on the restitution plan and estimated cost estimation of amount of guidelines issued by the which may be applied on validated compensation (w.e.f. CPCB. The environmental encroachment/ loss of mangroves September, 2010 to May, compensation for the buffer areas data being worked out 2021). aforesaid violations is by the sub-committee.
worked-out to be `
14,216,000/- (Rupees One
Crore Forty-two Lakhs
Sixteen Thousand Only)
(excluding loss of
mangroves and natural
creeks evaluation).
8 Compliance status w.r.t. MPCB has submitted plant- a. To submit compliance status of w.r.t. (a, b & c): MPCB.
conditions of The Water wise compiled status report 55 MW Captive Power Plant and
(Prevention and Control on the compliance of CC&A Harsco India Metals Pvt Ltd.,
of Pollution) Act, 1974 conditions i.e. conditions (Slag processing Plant).
(w.e.f. September, 2010 under The Water b. To submit compliance status of
to May, 2021). (Prevention and Control of reported for non-compliances
Pollution) Act, 1974 for w.r.t. discharge of effluent and
discharge of effluent. estimation of environmental
compensation for the reported
non-compliances, as applicable.
c. To submit compiled compliance
status report on the compliance
of CC&A conditions i.e.
conditions under The Water Act,
1974 for Phase-II plant (5 - 10
MTPA) and compliance status
reported for non-compliances
w.r.t. discharge of effluent and
estimation of environmental
23
compensation for the reported
non-compliances, as applicable.
9 Compliance status w.r.t. MPCB has submitted plant- a. To submit compliance status of w.r.t. (a, b & c): MPCB.
conditions of The Air wise compiled status report 55 MW Captive Power Plant and
(Prevention and Control on the compliance of CC&A Harsco India Metals Pvt Ltd.,
of Pollution) Act, 1981 conditions i.e. conditions (Slag processing Plant).
(w.e.f. September, 2010 under The Air (Prevention b. To submit compliance status of
to May, 2021). and Control of Pollution) reported for non-compliances
Act, 1981 for discharge of w.r.t. discharge of emission and
emission. estimation of environmental
compensation for the reported
non-compliances, as applicable.
c. To submit compiled compliance
status report on the compliance
of CC&A conditions i.e.
conditions under The Air Act,
1981 for Phase-II plant (5 - 10
MTPA) and compliance status
reported for non-compliances
w.r.t. discharge of emission and
estimation of environmental
compensation for the reported
non-compliances, as applicable.
10 Compliance status w.r.t. MPCB has submitted plant- a. To submit compliance status of w.r.t. (a, b & c): MPCB.
conditions of The wise compiled status report 55 MW Captive Power Plant and
Hazardous & Other on the compliance of CC&A Harsco India Metals Pvt Ltd.,
Wastes (Management conditions i.e. conditions (Slag processing Plant).
&Transboundary under The Hazardous & b. To submit compliance status of
Movement) Rules, 2016 Other Wastes (Management reported for non-compliances
(w.e.f. September, 2010 &Transboundary w.r.t. conditions of HW and
to May, 2021). Movement) Rules, 2016. estimation of environmental
compensation for the reported
non-compliances, as applicable.
c. To submit compiled compliance
status report on the compliance
of CC&A conditions i.e.
24
conditions under The HW rules,
2016 for Phase-II plant (5 - 10
MTPA) and compliance status
reported for non-compliances
w.r.t. conditions of HW and
estimation of environmental
compensation for the reported
non-compliances, as applicable.
11 Health impact As per the report of DHO, To verify and provide report on District Collector through District
assessment on residents health data analyzed from health record of employees Health Officer.
nearby to the plant 04 PHC (02 within 5 Km of working in the coke oven plant of
premises within 5 Km industry & 02 within Panvel the industry under reference for
based on the health Tal.) during 2015-2021. the assessment period w.e.f. records due to industrial Submitted that respiratory September, 2010 to May, 2021, activity especially w.r.t. diseases, acute eye may also be assessed especially particulate matter and disorders, skin diseases w.r.t. respiratory diseases. gaseous emissions (SO2, and other acute & chronic NOx, PM, CO and BaP) diseases found in vicinity of (w.e.f. September, 2010 M/s Jindal Steel and non-
to May, 2021). industrial areas are
remarkably the same. Data
of 02 PHC within 5 Km of
industry are not significant
with above mentioned
diseases including
respiratory & allergic
conditions.
Surveillance activity prior
to 2015 was mainly focused
on diseases like Guinea
worm disease, Measles,
Rubella, Filaria, leprosy etc.
Hence no data on the
respiratory & allied
diseases.
25
12 Loss in fish Desired information yet to a. To identify the sources for loss in w.r.t. a & b: District Collector, Raigad,
catch/productivity due be provided by District fish catch/productivity in the through Department of Fisheries
to navigation of ships in Collector, Raigad. Dharamtarcreek, if any; (Govt. of Maharashtra) of their own or
the Dharamtarcreek b. To compile year wise fish engaging a reputed Govt. Fisheries
around M/s JSW: catch/productivity data and Science College/ Institute/ University.
Compilation of year wise assessing its trend in the
fish catch/productivity Dharamtarcreek.
data and assessing its
trend (w.e.f. September,
2010 to May, 2021).
13 Status of compliance of order dated 6th October, 2005 of the Hon'ble Bombay High Court in a group of Petitions bearing W.P. No.
3246 of 2004;
i Total freeze on the Pertains to the State of Nil The joint committee may report
destruction and cutting Maharashtra - as per the said statement of District
of mangroves in the NCSCM. Collector in its report.
entire State of As per the report of District
Maharashtra. Collector, Raigad M/s JSW
has destructed mangrove
area, encroached on Govt.
land and constructed a
protective wall at S. no.
50/D at MaujeJuibapuji
without prior permission.
Complaint lodged before
Hon'ble CJM, Alibag in RCC
no. 85/2020, dtd
05/10/2200 and it is
pending.
ii All construction and As per the studies To verify legal and illegal The sub-committee headed by the
rubble/garbage dumping undertaken using satellite dumping (with estimated District Collector-Raigad, with
on the mangrove areas images and report quantity) of by-products/ waste representatives from Mangrove
shall be stopped submitted by NCSCM, the products i.e. slag generated by Cell (Govt. of Maharashtra),
forthwith. details of dumping of M/s JSW on mangrove areas, NCSCM, Maharashtra Remote
waste/by-products on the natural drains/nalas in the Sensing Application Centre,
mangrove areas could not aforesaid alleged villages through (MRSAC), and the District
be discerned/ established reconnaissance survey. Revenue Department.
26
from satellite images.
iii Regardless of ownership As per the studies a. To provide probable month of i. w.r.t. a: NCSCM.
of the land, all undertaken using satellite loss of mangrove buffer areas ii. The sub-committee headed by
construction taking place images and report visible from satellite images the District Collector-Raigad,
within 50 metres on all submitted by NCSCM, it is during construction of conveyor with representatives from
sides of all mangroves observed that the conveyor belt. Mangrove Cell (Govt. of
shall be forthwith belt has been constructed b. b. After submission of report Maharashtra), NCSCM,
stopped. in the 50 m buffer zone w.r.t. a, at above, delineation of Maharashtra Remote Sensing
around mangroves. The areas under reference to validate Application Centre, (MRSAC),
mangrove buffer areas have such reported loss of mangrove and the District Revenue
also been utilized for other buffer areas through Department to carry-out activity
industrial uses. The total reconnaissance survey. i.e. b of Col. No. 4 as per report
area of mangrove buffer provided by NCSCM and also
areas lost due to gathering other information/
construction of conveyor data/ report.
belt in 50 m mangrove
buffer areas and other
constructions in 50 m
mangrove buffer areas are
10.62 ha.
iv No development Pertains to the State of To provide the compliance status District Collector, Raigad through
permission whatsoever Maharashtra - as per of permission if any; obtained by Mangrove Cell (Govt. of
shall be issued by any NCSCM. M/s JSW in the area under Maharashtra).
authority in the State of reference.
Maharashtra in respect
of any area under
mangroves.
v The Municipal Pertains to the Municipal Nil Not applicable for the present
Commissioner of Greater Commissioner of Greater matter.
Mumbai shall forthwith Mumbai / MCGM - as per
issue the necessary NCSCM.
directions to the
Municipal Corporation of
Greater Mumbai Building
Proposals Department
not to entertain any
27
applications for
development (as defined
in the Maharashtra
Regional and Town
Planning Act, 1966) on or
in respect of the
mangrove lands,
regardless of the nature
of ownership.
vi The State Government Pertains to MCZMA - as per To provide the status of District Collector, Raigad through
and the Maharashtra NCSCM. grievance and redressal MCZMA.
Coastal Zone regarding cutting of mangroves
Management Authority reported if any; in the areas
(MCZMA) are directed to under reference.
file monthly report on the
above action plan to this
Court. The first report
will be submitted within
four weeks from today.
The report shall
specifically state, in
addition to the
progress/action taken,
(a) the number of
complaints received, if
any, (b) the action taken
thereon, if any, (c) the
number of offenders
named, and (d) the
details of
prosecutions/action
launched/taken against
such offenders.
vii The State of Maharashtra Pertains to the State of Nil Not applicable for the present
is directed to file in Court Maharashtra - as per matter.
and furnish to the NCSCM.
28
petitioners copies of the
maps referred to in
paragraph 10 of the
affidavit dated 16th
August, 2005, filed by
Mr. GajanandVarade,
Director, Environment
Department, State of
Maharashtra (Page 346
on the record), within
four weeks from today.
Viii The areas shown as Pertains to To examine mapping of NCSCM.
mangrove area in the MRSAC/MCZMA - as per mangroves reported by MRSAC satellite study report NCSCM. and matching of the same to MPCB will make the maps of "Mapping of mangroves that assessed through satellite mangroves and natural creeks in the Maharashtra State images by NCSCM. Also, the prepared by Maharashtra Remote using Satellite Remote same to be taken into account Sensing Application Centre Sensing" dated August, while reporting damages/ loss of (MRSAC), available to NCSCM 2005, prepared by the mangroves/ natural creeks areas Maharashtra Remote in its report.
Sensing Application
Centre (MRSAC) for the
MCZMA which was
submitted to this Court
on 29th August, 2005,
form part of Phase I of
the mapping by MRSAC.
The MRSAC will, in
Phase-II, carry out
mangroves study using
high resolution for
detailed mapping of
mangroves with a view to
identify more precisely
mangrove areas in
Mumbai and Navi
29
Mumbai. After receiving
the said satellite data,
transfer of mangrove
details on city
survey/village maps
(cadastral map) will be
carried out within a
period of 6 months from
today;
ix After the aforesaid Pertains to the State of To provide status/information District Collector, Raigad through
process in clause (viii) is Maharashtra - as per on identification and declaration District Revenue Department or
completed, the areas so NCSCM. of notified "protected forests" concerned agency.
identified which are and identification and
government owned shall declaration of notified "forests"
be declared and notified in the areas under reference.
as "protected forests" in
accordance with law after
carrying out ground
survey etc. The areas so
identified that are
privately owned shall be
declared and notified as
"forests" in accordance
with law, after carrying
out ground survey etc.
The said
declaration/notification
will be completed within
a period of 8 weeks of the
completion of Phase-II
mapping;
x The mangrove areas that Pertains to the State of To provide the District Collector, Raigad through
are on government Maharashtra - as per status/information on handing District Revenue Department or
owned lands will be NCSCM. over of notified "protected concerned agency.
handed over to the forests" in the areas under
Forest Department reference (if any) to the Forest
30
within a period of 12 Department.
weeks from the
declaration of the same
as "protected forests";
xi From the list of Pertains to the State of To provide status/information District Collector, Raigad through
"mangrove areas" so Maharashtra - as per on identification and declaration District Revenue Department or
identified, Government NCSCM. of notified "forests" in the areas concerned agency.
owned lands will under reference.
automatically be
declared/notified as
"protected forests".
Likewise, privately owned
lands from the list of
mangrove areas so
identified, the same will
be declared/notified as
"forests";
xii The Secretary, Revenue Pertains to the State of To provide the District Collector, Raigad through
Department, shall from Maharashtra - as per status/information on updation District Revenue Department or
the said date of taking NCSCM. of land records w.r.t. "protected concerned agency.
over possession of the forests" and "forests" in the
Government owned land areas under reference.
by the Forest
Department, update all
the revenue records to
ensure that the said
Government lands are
shown as "protected
forests" in the said
revenue records within a
period of 12 weeks from
the same being declared
as "protected forests". In
the case of lands that are
private owned, the
secretary, Revenue
31
Department, shall
update all the revenue
records to ensure that
the said private lands are
shown as "forests" in the
said revenue records
within a period of 12
weeks of completion of
the steps in clause (x)
above;
xiii In respect of Government Sub-paras (a), (b), (c) and To provide the District Collector, Raigad through
lands, the Forest (d) pertain to the State of status/information w.r.t. sub- Mangrove Cell (Govt. of
Department and other Maharashtra - as per paras (a to d) of col. no. 2 of the Maharashtra).
authorities of the State of NCSCM. table in the areas under
Maharashtra shall take reference.
the following necessary
steps of protection,
conservation and
regeneration of the areas
that would be
declared/notified as
"protected forests: in
terms of clause (x) above;
a. Removal of all
obstructions that are
impeding the growth
of mangroves as also
the impediments
which restrict the flow
of sea water in the
mangrove areas;
b. Wherever mangrove
growth is found to be
period of three
months as per the
instructions of the
32
Forest Department.
These areas shall be
rejuvenated with
mangroves;
c. On identification of
the areas as forest,
the Municipal
Corporation of
Greater Mumbai
would remove garbage
and debris within
these areas within a
period of three
months as per the
instructions of the
Forest Department.
These areas shall be
rejuvenated with
mangroves.
d. The Forest
Department is
directed to take
necessary action
against the offenders
in accordance with
law for damaging or
"
destroying
mangroves.
33
Objections of the Applicant
"
5. In reply I say and submit that since 2016 the company has dumped the hazardous waste material for reclaiming the land below the conveyor belt and the jetty, whereas the present progress report refers at last paragraph of the internal page 3 (Para 12)... "Similarly, during the field visit the team observed sporadic and haphazard dumping of municipal solid waste within the 50 in of mangrove buffer zone of the conveyor belt area of M/s JSIll Ltd. i.e from the stretch between the Ailaharashtra Maritime Board, Jetty till the approach road of A libaug-Mumbai Highway. It is gathered through the district administration that the particular land is government owned and the municipal solid waste has been dumped illegally by nearby gram panchayat viz. Dolvi and Vadkhal in the 50 in of Mangrove Buffer area. During the meeting, District Administration and Mangrove Dept. were requested to take suitable action against the village panchayat for destruction of mangroves, construction of illegal approach road and illegal dumping of municipal solid waste in the mangrove buffer area.
6. Thus, it is clear that the committee is misled by the local officials that they found municipal solid waste within 50 in of the mangroves buffer zone and mainly by Dolvi and Vadkhal grain panchayats. According to me the company has dumped their hazardous waste material on mangroves at the time of construction of conveyer belt and same is observed by MCZMA in there reply filed in 2016. Later on by passage of time municipal solid waste is dumped on it. Now the Company and Local Officials have misguided the Committee by showing dumped municipal solid waste. Therefore it was necessary to dig at that site and find out what material is beneath the garbage and which has originally been dumped on the mangroves. The said fact though is within knowledge still it is misrepresented that it is a municipal solid waste and for which not company but village panchayat is responsible.
7. In fact the Company has dumped its waste material at the time of construction of conveyor belt and later on it has been is a material dumped by the company by destructing the mangroves. I am enclosing herewith the photograph during the time when the construction of conveyor was commenced. The said photographs clearly shows that hazardous material is dumped by the company and the conveyor belt is constructed on the same. Photographs marked and annexed as Exhibit --
"B"
8. The company has dumped the slag on the same hazardous material. These two facts are the matter of record. The company has thereafter put the slag and everything has been dumped on the mangrove. Mangroves were required to be protected by the company but instead of that, the company has permitted the locals for dumping of the municipal solid 34 waste. The photographs of the municipal solid waste are shown to the committee obviously with an intention to cover up the misdeeds of the company and to misguide this Hon'ble Tribunal.
9. This important fact is suppressed and twisted by this committee obviously to protect interest of the company and to avoid fixing of any responsibility by the committee. These so called agencies refereed in internal page 3 of the report are government agencies and they are doing their job, hand-in- gloves with the company. Hence it is necessary that the site visit should be arranged to some impartial agency and it should be held in the presence of the applicants so that such mischief can be avoided. In fact the committee should visit in presence of the applicants and collect physical date. Except holding video conferencing meetings, actual such visit are never held, else such bogus report would not have been placed in precise. Therefore let the large area of so called municipal solid waste be dug which will show actually what is dumped in real-time and same will show how these agencies are functioning. Secondly it is not committee appointed by tribunal but agencies of government submitted it in video conferencing meetings. The present report is based on it and not actual site visit.
10. Therefore, it is necessary that an independent and impartial officer of this Hon'ble Tribunal should be appointed to inspect the locations where the hazardous material is dumped at the various places.
11. I further say and submit that it is my specific case that on the large area spread over in kilometers, on both the sides of Bombay-Goa highway upto Alibaug and Nagothne, is used as a dumping ground by the Company to dump solid waste in haphazard manner on mangroves, agricultural fields, Govt. land etc. Therefore, it is necessary for us to accompany the committee whereby we will show to the committee where and how the waste material of the company is dumped. It has happened because of lethargic approach of the Government agencies.
12. Similarly, for quantifying the damage caused to the environment and for restoring the environment, it essential for the committee appointed by this Hon'ble Court to take us along for identifying the locations, otherwise there will be a complete eyewash on the hands of MPCB, CPCB the Collector, Raigad. According to me all the officers are full aware of this scenario. Many of the villagers have sold their agriculture fields to the company. The company has provided employment to some of them or has given different types of contract of civil works and many of them are used by the company for targeting the desired reports. Many at times I found these 35 localites are accompanying the office bearers of the Collector office, SDO, Forest Department etc. and through them the reports are sabotaged or managed.
13. It is also necessary to direct the committee appointed by this Hon'ble Tribunal to visit the following villages, Kharmachela, Kharchilbi, Kharghat, Wave, Vadkhal, Kolve, Dolvi and the surrounding area upto Alibaug and Nagothne on Mumbai- Goa highway. They should be directed to physically identify the locations shown by us wherever it is necessary, they can dig the existing ground to ascertain the dumping below municipal solid waste and to identify the destruction of mangroves.
14. Similarly, the villagers, agriculturists of different villages submitted a representation after the last order was passed requesting the committee to visit their respective agriculture fields to ascertain the damage caused by the company, to collect the samples for determining the agricultural fertility simultaneously the Applicants be permitted to collect the counter sample for the cross checking the same from the approved government laboratory of their choice.
15. Similarly, the untreated hazardous effluents of coke oven pant were discharged in the Dharamtar Creek and the aquatic life was affected and thousands of fishes died due to the same. This has happened on or about January 2022 and a complaint was lodged with the company by a local MLA by Mr. Hari Dalvi and he has also given us the copy as we are prosecuting the present Application. Therefore, these issues needs to be addressed by the committee. The company should be immediately prohibited from discharging the untreated hazardous effluents in the sea, creek, and natural water. I- Hereto annexed and marked as Exhibit-"C" is the photograph of dead fish. The letter dated 12.01.2022 issued by Local MLA and copy of the photograph showing the discharge of the waste material in creek is marked and annexed as Exhibit --
"D". 1 crave and rely upon the video clip as and when required to be reproduced.
16. I further say and submit that the company has commenced the illegal constriction of the bridge abetting to village Kharmachela by dumping the waste material on mangroves and destroyed the same and constructed the creek channels. Therefore the complaints were also filed. 1 have a filed a criminal writ petition challenging the permission granted by the flontble High Court to the company. The company has obtained the said permission form the Hon'ble Court on the pretext that they want to lay a road on a private land. It was further informed to the Hon'ble High Court that it is a private 36 road. It was further informed that no mangroves will be felled and on that pretext, on 15.10.2019 the Hon'ble High Court has granted the permission to execute the works by erecting the bridge. The said permission is granted on the permission that the mangrove will not be destroyed. However, at the site the mangroves are already destroyed and the mangroves will be further destroyed on the course of future construction. Hereto annexed and marked are photos of destruction of mangroves, natural creek etc.
17. I have filed a petition in the Hon'ble High Court seeking various reliefs prayed in criminal WP no. 1107/2020. I have filed the petition in February 2020 and the Hon'ble High Court has clarified by way of interim arrangement that construction of the bridge will be subject to the outcome of petition. Hereto annexed and marked is the copy of memo of Criminal WP 1107 of 2020 and the order dated 06.03.2020 and the photographs of the bridge shows the destruction of mangroves and natural creek. Therefore, the committee should be asked to looked into this issue also in environmental point of view.
18. I say that agriculturists from different villages filed the representation with the committee after the order is passed by this I-lon'ble Tribunal informing that the damage is caused by the Company on account of destruction of Kharbandasti and dumping solid waste material. Therefore, it is necessary the soil testing of the land should be placed before the Hon'ble Tribunal and the same needs to be taken into the account by the committee appointed by this Hon'ble Tribunal while assessing the damages caused to the agriculturist. The said representation is signed by more than 200 agriculturist of Kharbandasti. Therefore, the damage caused to their lands including the lands of the Kharmanchela needs to be examined by the Committee appointed by the Hon'ble Tribunal. Hereto annexed and marked as the Exhibit-"E" is the copy of the representation letter sent to the committee through MPCB via email.
19. I say that during the pendency of the above said application, on 1' November, 2021, the Respondent Company had dumped the chemical waste upon the mangroves and therefore I have made a complaint against them with various authorities on 01.11.2021. Annexed hereto and marked as Exhibit "F" is the copy of the letter dated 1.11.2021 addressed to various authorities by the Applicant.
20. Thereafter I have received the letter from the Sub Divisional Officer, Pen and Forest ranger, Wadkal that they shall be doing the Panchnarna on 23rd November, 2021. Hereto 37 annexed and marked as Exhibit- "G" is the copy of letter of Sub Divisional Officer, Pen and Forest ranger for preparing Panchnama.
21. Accordingly I have gone to site at 11 am. On that date the officers from Revenue and Forest Dept. came there. During the course of Panchnama, around 7 to 8 vehicles came with people. Those people were not concerned with Kharmachela village, they were brought by the Respondent Company. Those people have abused and threatened us, I have duly noted the vehicle registration numbers which are as follows, MI-1.06.EW.30 I 1, MI-I.06.BW.1884, 1\414.06.BV.19,10, MI- I.06.BV.4544, and therefore the applicant was constrained to lodge the written Complaint to Vadkhal police station that her life is in danger. Annexed hereto and marked as Exhibit-"H" is the copy of letter dated 23.11.2021 received by the Vadkhal police station
22. On 23 November, 2021, the Panchnama was prepared by the forest officers. The said Panchnama was performed on the basis of my complainant by letter dated 18.11.2021. The said Panchnama further shows that at the spot near the creek where the company has dumped the waste material and slag. The said waste material is dumped upon the Kharbandasti and on both sides of the said dumped waste material mangroves are found. It is further mentioned that the said waste material is dumped on the old Kharbandasti to prohibit creek water from entering the agricultural fields, the Panchanma further shows that there is no new dumping on the said area. Hereto annexed and marked as Exhibit- "I" is the copy of the Panchnama dated 23.11.2021.
23. Similarly I have also submitted a complaint on 25th November, 2021 against the Panchnama which has been prepared, I say that the said Panchnama was already prepared in advance before the visit and merely signatures were demanded. It was specifically informed by me that while preparing the said Panchnama, instead of making the Panchnama of the actual spot, the Panchnama was made in respect of different location of dumping and as previously stated, the same are prepared before had only and signatures are obtained later on by the concerned department. I say that the Panchas have joined the hand of company, and making Panchnama of the spot mentioned by the company, accordingly I have made the complaint of the said Panchnama.
3824. On the basis of the same I requested all the authorities as addressed in the email that construction of the bridge on north, south direction on survey no. 94 is ongoing. The waste material is dumped on the southern side and mangroves are destroyed and therefore it is necessary to remove the waste. Annexed hereto and marked as Exhibit- "J" is the copy of email complaint lodged by the petitioner in respect of bogus Panchnama
25. I say that even one Mr. Mahesh Sudhakar Pore, the president of transport organization of MNS pen has also lodged the complaint on 21.10.2021. On 20.01.2022 I have also filed a complaint by email of the similar nature with Mr. Rakesh Pisat requesting him to remove the waste material to ascertain the destruction of mangroves annexed letter 20.01.2022.
26. On 20.01.2022 I have also filed a complaint regarding bogus Panchnama which came to be prepared, and the abuse and threats caused by the various persons who are not the original residents of villages but the same are set up by Respondent Company and some of them have previously sold their lands to the Respondent Company and those persons are threatening me, according to me, the Government Officials, the Forest Officers, Officers of the Revenue Department, and the Respondent Company Officers along with some of the owners of the lands who have sold their land to the Respondent Company and who are also the contractors of the Respondent Company are now bringing goons to threaten me and other people and therefore I had requested the Ld. District Collector to take action on the same. Annexed hereto and marked as Exhibit- "K" is the copy of the complaint as made to the Ld. District Collector, Raigad Alibaug."
8. We have heard learned Counsel for the parties and given due consideration to the issue. We find it appropriate to direct taking on record the report of the Committee and objections of the applicant, grant further time sought by the Committee and direct the PP to take remedial measures, in the light of recommendations of the Committee forthwith.
We also direct the statutory regulators to fix responsibility of the PP for the past violations on 'Polluter Pays' principle in the light of judgements of Hon'ble Supreme Court inter alia in M.C Mehta & Anr v. Union of 39 India1, Sterlite Industries (India) Ltd. v. Union of India 2 and Goel Ganga Developers India Pvt. Ltd. v. UoI3. The compensation should cover the cost of remediation and should be deterrent having regard to the financial capacity of the PP and nature of violations. We also direct the Committee to verify the factual position as pointed out by the applicant. We permit the applicants to make any further representation to the Committee. The Committee may verify the latest compliance status and suggest further remedial action for restoration of mangroves and its buffer zones, the creek and its banks. The Committee may also verify the status of compliance of EC conditions as well as CRZ conditions, 2011 and steps required for restoration of the creek and canal. The Committee may verify the point source of waste and purpose of dumping. The scientific dumping of hazardous waste and slag and remedial action may also be dealt with. Apart from sites so far examined, the villages named by the applicant in para 13 of the objections, quoted above, may also be subjected to verification.
9. Further report of status as on June 30, 2022 be filed by the Committee by July 15, 2022 by email at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF which may also be uploaded on the website of CPCB. By way of clarification, we direct that the report may, in particular, cover compliance status of the industry with reference to EC, CTO under the Water and Air acts and the Authorizations under EP rules with regard to the mode of utilization and disposal of waste generated. The report may indicate environmental impact of industrial activities in the surroundings with reference to habitation, agricultural fields, sea shore and Creek 1 (1987) 1 SCC 395 2 (2013) 4 SCC 575 3 (2018) 18 SCC 257 40 hydrology and remedial measures with cost of restoration. The report may also mention the action taken in pursuance of the present order.
Any response to the report of the Committee may be filed by July 30, 2022.
List for further consideration on 24.08.2022.
A copy of this order be forwarded to the members of the Committee through CPCB by email for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM Dr. Afroz Ahmad, EM March 04, 2022 Original Application No. 165/2020 (Earlier O. A. No.122/2015 (WZ) AB 41