National Green Tribunal
Dhananjay Mandal vs Ministry Of Environment, Forest And ... on 3 January, 2022
Item No. 01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 27/2019/EZ
1. Dhanjay Mandal
S/o Sapan Mandal, Post office Balanda,
Police Station Bramhani, Tarang,
District Sundargarh, Odisha-770031
2. Biren Senapati
S/o Late Biswanath Senapati,
Quarter No. LA-179, Industrial Estate,
P.S. Raghunathpalli, Raourkela,
District Sundargar, Odisha-769004
........Applicant(s)
Versus
1. The Union of India
Ministry of Environment, Forests and Climate Change,
Represented through its Secretary,
Having its office at Indira Paryavaran Bhawan,
Jorbagh Road, New Delhi-110003
2. The Central Pollution Control Board
Service through its Member Secretary,
Having its office at Parivesh Bhawan,
CBD-cum-Office Complex, East Arjun Nagar,
Delhi-110032
3. The Central Ground Water Board,
Service through the Member Secretary at CHHE,
Khandagri, Bhubaneswar, Odisha-751030
4. The State of Odisha,
Service through its Secretary,
Ministry of Environment, Forests and Climate Change,
Secretariat Building, Sachibalaya Marg,
Bhubaneswar, District Khurda, Odisha-751001
5. The State Pollution Control Board,
Service through the Member Secretary,
Paribesh Bhawan, Nilkantha Nagar,
Unit-8, Bhubaneswar, District Khurdah,
Odisha-751012
6. The State Water Resources Department, Odisha
Service through its Principal Secretary,
Rajib Bhawan, Odisha Secretariat,
Bhubaneswar-751001
1
7. The Executive Engineer,
West Electricity Supply Company of Odisha,
D-231, Near D-Block, Rourkela,
Odisha-769014
8. M/s Kedia Carbon Private Limited
Represented through its Managing Director
Post office Balanda (Kalunga), Odisha,
District Sundargarh-770031
9. Mr. Mahesh Kumar Kedia,
Managing Director,
M/s Kedia Carbon Private Limited
Having his office at 113,
Park Street, 6th Floor, Kolkata-700016
........Respondent(s)
Date of hearing: 03.01.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Ms. Arpita Chowdhury, Advocate
For Respondent(s) : Mr. Gora Chand Roy Choudhury, Advocate for R-1,
Mr. Dipanjan Ghosh, Advocate for R-2 & 5,
Mr. Ashok Prasad, Advocate for R-3,
Mr. Prasenjeet Mohapatra, ASC a/w Mr. S.N. Das,
Advocate for R-4,6 & 7
ORDER
1. Heard Ms. Arpita Chowdhury, learned Counsel for the Applicant.
2. An affidavit dated 07.12.2021 has been filed by Respondent No.5, Odisha State Pollution Control Board; same is taken record.
3. Mr. Dipanjan Ghosh, learned Counsel submits that one Original Application No.27/2019/EZ, Dhananjay Mandal & Anr. Vs. Union of India & Ors. had been filed prior to the filing of the present Original Application No.34/2019, Ajay Toppo & Anr. Vs. Union of India & Ors.
4. The Original Application No. 34/2019/EZ was disposed of on 21.09.2020 with the direction to the State Pollution Control Board to carry out a comprehensive study of the quality of groundwater of Balanda and nearby areas having regard to the recommendation of the Joint Committee for undertaking such study due to the presence of Phenol and cyanide. 2
5. The Tribunal also constituted a Committee which was required to submit its report. The Committee had submitted its report and upon examination of the same the Tribunal was satisfied that nothing further remains for consideration in the case and the OA was therefore, closed vide order dated 05.01.2021. For proper appreciation of the case, the order of the Tribunal dated 05.01.2021 passed in Original Application No.34/2019/EZ is reproduced as hereunder:
"1. This case was disposed of vide order dated 21.09.2020 with the direction that the State PCB shall carry out a comprehensive study of the quality of groundwater of Balanda and nearby areas having regard to the recommendation of the joint Committee for undertaking such study due to the presence of Phenol and cyanide.
2. Reports in terms of the above has been filed by a Committee comprising of (i) the Assistant Chemist, C.G.W.B. (SER), Bhubaneswar; (ii) the Regional Officer, Odisha State PCB, Rourkela and, (iii) In-charge Central Lab, Odisha State PCB, Bhubaneswar. relevant portion of which reads as follows:
"III. ANALYSIS REPORT & DISCUSSION Ground samples were collected in 500 ml polyethylene bottles which had been pre-cleaned followed by rinsing. After collection, one sample bottle from each source was added with one ml 1N Sodium hydroxide solution as preservative for analysis of Cyanide and the rest eight sample bottles (one from each sampling source) were added with one ml concentrated sulphuric acid each as preservative for Phenol and Ammoniacal Nitrogen determination. Preservatives were added at the site and samples were carried in an ice box to the Central Laboratory. All the samples were analysed at the Central Laboratory, State Pollution Control Board, Bhubaneswar, Odisha as per the standard methods (APHA, 23rd Edition, 2017).
The analysis results for phenol at all locations i.e., upland and down land of the plant has values either less than or equal to the value observed inside the plant indicating no impact on ground water due to the coal tar pitch plant of M/s Kedia Carbon Pvt. Ltd. The value observed inside the plant was equal to the respective drinking water standard (IS: 10500-2012).
The values of Cyanide at all down land points were to be less than the value observed inside the plant indicating no impact of the plant and very close to the values observed in the upland of the plant clearly establishing that there is no impact of the plant upon Cyanide content in the ground water.
Though the values of Annomical Nitrogen were observed to be slightly higher than the drinking water standard, but it showed absolutely no variation in upland, down land and inside the plant establishing no impact of M/s Kedia Carbon Pvt. Ltd. upon the local ground water quality and this might have been caused due to application of fertilizers (urea) in the surrounding agricultural fields.3
IV. CONCLUSION M/s Kedia Carbon Pvt. Ltd. is treating the effluent generated from its unit and reuses the treated effluent as cooling make up and there was no discharge of effluent to outside. From the above study on ground water quality, it is concluded that there is no impact of M/s Kedia Carbon Pvt. Ltd. on nearby ground water quality during its operation."
3. In view of the above, nothing remains for consideration by us in the case. The O.A., therefore, stands closed.
I.A. No. 78/2020/EZ
4. I.A. No. 78/2020/EZ is dismissed as not pressed."
6. The Original Application No.27/2019/EZ was dismissed by the Tribunal by an order dated 07.05.2019 observing that non-implementation of 'order of closure' dated 03.11.2018 was a matter to be taken up by the State Pollution Control Board for appropriate action in terms of Section 41 of the Water (Prevention and Control of Pollution) Act, 1974 and it was not a matter for enforcement by the Tribunal. The order of the Tribunal dated 07.05.2019 reads as under:
"1. The Applicant in this original application alleges non-compliance of the 'order of closure' dated 03.11.2018 passed by the State Pollution Control Board, Odisha under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 by the Respondent No. 8, M/s. Kedia Carbon Pvt. Ltd., District Sundargarh, Odisha.
2. In our considered opinion the Tribunal is not a forum for enforcement of the orders of the State PCB. It is for the State PCB to take appropriate action in terms of Section 41 of the Water (Prevention and Control of Pollution) Act, 1974.
3. In view of the above, without entering into the merits of the case, the application stands dismissed granting liberty to the Applicant to approach the State PCB for relief, if any."
7. Thereafter, a review application was filed by Dhanjay Mandal, applicant in the Original Application No. 27/2019/EZ stating that the order of closure had not been implemented and a direction was sought for review of the order dated 07.05.2019 and for revival of the Original Application No. 27/2019/EZ and for a direction to the Respondent No.5 to enforce the closure order against the Respondent Nos.8 & 9, Kedia Carbon Pvt. Ltd. The Tribunal being satisfied that the implementation of the closure 4 order was a matter to be enquired by the Tribunal, allowed the review application and revived the OA.
8. However, we find that since after the order of the Tribunal dated 07.05.2019 passed in Original Application No.27/2019/EZ the subsequent order dated 05.01.2021 passed was passed by the Tribunal in Original Application No. 34/2019/EZ which is a similar matter and therefore, nothing remains to be decided in the Original Application No.27/2019/EZ, since the committee report had been considered by the Tribunal in Original Application No.34/2019/EZ.
9. In view of the above, the Original Application No. 27/2019/EZ is dismissed. There shall be no order as to costs.
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B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM January 03, 2022 Original Application No. 27/2019/EZ MN 5