National Green Tribunal
1. Rakesh Mohanty Aged About 26 Years ... vs 1. State Of Odisha Through Additional ... on 15 April, 2025
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.67/2025/EZ
Rakesh Mohanty Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 15.04.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate a/w
Mr. Ashutosh Padhy, Advocate (in Virtual Mode)
ORDER
1. Heard Mr. Sankar Prasad Pani, learned Counsel assisted by Mr. Ashutosh Padhy, learned Counsel appearing (in Virtual Mode) for the Applicant.
2. The present Original Application has been filed by the Applicant seeking the following reliefs:-
Direct the Respondents to remove the fly-ash dumped and restore the land to its pristine condition. Impose Exemplary environment compensation and initiate prosecution against the erring respondents for violation of environment norms and dumping of fly-ash without consent of the SPCB.
Restrain the private respondent from unauthorised dumping of fly-ash.
Any order as deem fit in the interest of justice.
3. The Applicant is stated to be a resident of Vedvyash Mandir Road, Lungei, PO-Vedvyash, District- Sundergarh, Pin-769004 and has filed the present Original Application alleging illegal dumping of fly- 1 ash by the Respondent No.8, Vedanta Limited, Jharsuguda without prior approval of the concerned authorities and in violation of fly- ash guidelines.
4. It is stated that the Respondent No.8 is presently operating 2400 MW Thermal Power Plant (TPP) and 9 x 135 MW Captive Power Plant (CPP) at Jharsuguda, Odisha. The power generation capacity of the plant is stated to be 3615 MW comprising 9 x 135 MW of CPP and 4 x 600 MW of IPP (1215+2400); it is stated that the total ash generated from this plant was about 6 million tonnes during the financial year 2016-17 with fly ash utilization rate of 70.3%. It is stated that currently, ash generated from the existing power plants is being sent to Ash Pond near Katella village; the average daily ash generation from the TPP and CPP based on 100% PLF are given as under:-
TPP: 16,700 Tonnes per day (Bottom ash-3340 TPD and Fly ash-13360 TPD) CPP: 10,109 Tonnes per day (Bottom ash- 2022 TPD and Fly Ash -8087 TPD)
5. It is stated that the total generation of ash per day from both the plants is about 26809 tonnes per day out of which Fly Ash contributes to 80% of the total (i.e. 21447 TPD) and bottom ash contributes 20% of the total ash (i.e. 5362 TPD).
6. It is stated that the existing ash pond at Katikela will be able to sustain for maximum of one year, hence, the Respondent No.8 is proposing for expansion/addition of ash ponds at four locations:-
1. Katikela Expansion site of 128.55 acres;
2. Siriapali Site of 206.22 acres (Part of original EIA of EC for 2400 MW TPP vide letter dated 07.12.2007);
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3. Kumadapali Site of 188.89 acres (Part of original EIA of EC for expansion of Aluminium Smelter from 2.5 LTPA to 16 LTPA and CPP from 675 MW to 1350 MW);
4. Gudigaon Site of 576.33 acres (Part of original EIA of EC for expansion of Aluminium Smelter from 2.5 LTPA to 16 LTPA and CPP from 675 MW to 1350 MW).
7. It is stated that on the basis of a complaint submitted by one Sri Surati Oram, a resident of Orampada, Ward No-15 of Kurebaga Village, concerning dumping of ash at Siriapali (Jharsuguda T.U.No.4), District- Jharsuguda, a field visit was carried out by the Odisha State Pollution Control Board on 22.09.2024 and during enquiry it was found that significant fugitive emissions are generated from the low-lying area of Siriapali due to wind action, particularly in adverse weather conditions. Similar complaint was received from one Sri Rabindra Pradhan, a member of Vedvyas Seva Sangathan with regard to the illegal dumping of ash at Siriapali.
8. During the field visit it was observed by the Pollution Control Board that ash dumping activity was under progress and that Consent to Operate obtained for filling of low-lying area at Jharsuguda T.U.No.4 in the area of Ac 9.00 dec, Ac 6.87 dec & Ac 5.48 dec was valid upto 31.03.2023. It was also noticed that ash had been dumped to a height of about 15 mtre in contrast to the adjacent high-level land which is in violation of the guideline for disposal/utilization of Fly Ash for reclamation of Low-Lying Area and Abandoned Quarries, 2017 of SPCB, Odisha.
9. It is stated that vide notice dated 26.09.2024, extension was sought from the Respondent No.8 and a direction was issued to immediately stop illegal dumping of ash at the above mentioned site and submit compliance report otherwise fine shall be imposed. 3
10. It is alleged that for the Consent to Operate (CTO) for reclaiming the low-lying areas in Siriapali was granted over an area of 21 Acres but on the ground the Fly Ash has been dumped over an area of more than 60 Acres and 15 meters above the ground level and dumping is continuing even after the expiry of the Consent To Operate (CTO) on 31.03.2023.
11. It is further stated that on 07.08.2024, a Show Cause Notice was issued by the State Pollution Control Board to the Respondent No.8, Vedanta Limited determining environmental compensation of Rs.71,16,53,320/- (Rupees seventy one crores sixteen lakhs fifty-
three thousand and three hundred twenty) only. By this Show Cause Notice, the Respondent No.8 has also been directed to submit a detailed action plan for removal of the dumped solid waste and rejuvenation of the alleged sites.
12. Ms. Mansi Bachani, learned Counsel and Ms. Gitanjali Sanyal, learned Counsel have filed Vakalatnama on behalf of the Respondent No.8, M/s Vedanta Limited, Jharsuguda.
13. Mr. Sanjay Upadhyay, learned Senior Counsel assisted by Ms. Mansi Bachani and Ms. Gitanjali Sanyal, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.8, M/s Vedanta Limited, submits that the Respondent No.8 had submitted reply on 20.08.2024 to the show cause notice dated 07.08.2024 and thereafter in the proceedings before the Board, the Board has passed an order dated 17.12.2024 confirming the environmental compensation so determined.
14. Aggrieved by the aforesaid order of 17.12.2024, Mr. Upadhyay informs, that the Respondent No.8 preferred an Appeal before the Chairperson of the Odisha State Pollution Control Board under the 4 provisions of the Odisha State Pollution Control Board Guidelines which Appeal has been rejected by an order dated 10.04.2025 as being not maintainable.
15. Mr. Sanjay Upadhyay submits that the Respondent No.8 has appropriate legal remedies which the Respondent No.8 is in the process of availing. These developments subsequent to the issuance of the show cause notice are not part of the record.
16. Mr. Sanjay Upadhyay prays that he may be granted 10 days time to file supplementary affidavit bringing the updated facts and all the documents and orders on record.
17. As prayed, list on 30.04.2025.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Satyagopal Korlapati, EM April 15, 2025, Original Application No.67/2025/EZ OM 5