National Green Tribunal
Sri Ajit Kumar Dhal vs State Of Odisha & Ors on 22 April, 2022
Item No. 06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 10/2021/EZ
Ajit Kumar Dhal Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 22.04.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Ms. Mithu Bhattacharya, Advocate (on Virtual Mode)
For Respondent(s) : Mr. S.K. Nayak, AGA for R-1, 5 & 6 (on Virtual Mode)
Mr. N.C. Bihani, Advocate a/w Ms. Papiya Banerjee
Bihani, Advocate for R-2 to 4, (on Virtual Mode)
Mr. Ratnako Banerjee, Sr. Advocate (on Virtual Mode) a/w
Mr. Deepan Kumar Sarkar, Advocate, Mr. Matri Prasad
Advocate for R-9,
ORDER
1. One additional affidavit dated 03.03.2022 along with a Report of an inspection carried out on 21.02.2022 has been filed on behalf of the Respondent No.2, Odisha State Pollution Control Board; the same is taken on record. The Observations of the Report read as under:-
A report on Low-lying a area reclamation site by utilizing ash by M/s. Vedanta Ltd., Junanimunda, Brajarajnagar, Jharsuguda in the matter of O.A. No.10/2021/EZ.
In response to the order dtd.21.01.2022 of the Hon'ble Green Tribunal, EZB, Kolkata in the matter of O.A. No. 10/2021/EZ and in reference to the report of the inspection conducted on 08.07.2021 by the Committee, a site visit was conducted on 21.02.2022 in and around the alleged site to verify the various aspects as pointed out in the aforesaid Hon'able NGT the order and following observations were made.1
SI. Para of the Hon'ble NGT Observations No. the order dtd.21.01.2022
1. We find it very surprising • Thickness of ash that in one paragraph of the deposition at the land in report it is mentioned that question was 130cm at the thickness of ash western end near the deposition at the land in breach point down to 1 cm question was 1 cm to 130cm at the tail end on the in a slope. The thickness of Eastern Part in a slope ash deposition was 1 cm at manner.
the eastern end in the Kata • The parcel on which this and 130 cm at the western deposit had been spread end and deposited in a comprised of 17.21 acres manner of slope. However, in of Forest land, Kata land the subsequent para, it is of 04.70 acres out of the mentioned that during the total area of 07.00 acres field verification the ash and water stream (Nalah deposition was found to be area) 0.14 acres. It is over Government Forest pertinent to mention that Kisam land, water stream the Kata land in toto is land and the private kata 07.00 acres out of which land which have been the cover of ash was on removed by Ms/ Vedanta 04.70 acres. Now on site Ltd. at its own cost. visit it is ascertained and evident on the field that the entire ash deposition has been removed by M/s Vedanta Ltd. from the total parcel consisting of Govt. (Forest + Water Stream) and private (Kata land).
2. So far as the observations of • As per revenue record, the Committee and the Kata is a water body and remedial measures it is traditional water suggested by the Committee harvesting structure to that the kata (pond) in preserve the rainwater question shall be made through cross bond habitable for fish farming existed prior to 1982. and irrigation, the report is • The water sample from 2 silent in this regard and all the alleged kata land was that has been stated is that collected during the field as per the prevailing practice visit on 08.07.2021 for for pisciculture in the Govt. analysis and it is owned pond the same is revealed from the carried out by the Gram analysis report of the Panchayat concerned water sample that the through annual auction parameters are within the process. Whether the pond standard prescribed by has been excavated/cleaned CPCB for Pond water. for grant of auction and • Further, it is mentioned in whether the pond has been the last report that made habitable for fish "However, it is found on farming has also not been filed verification that the stated in the report. ash deposited over the government forest kisam, water stream land and the private kata land have already been removed by M/s Vedanta ltd. at its own cost."
• Again, it is verified by the Committee on 21.02.2022, the Kata land has been cleaned and o0nly clay was found as it has been dried up. This type of Kata land is not suitable for pisciculture as the property is not bound by bund on all sides. Bunds are present on two sides and other two sides are open. To make the pod suitable for pisciculture, certain conditions are required to be fulfilled as per the report of Fishery Department of Govt. of Odisha. Since this is a 3 private land it all depends upon the land owner whether he will be going for earth work at own investment for pisci-
culture in future. Detail
report of the same is
enclosed for reference.
3. The remedial action • The entire reclaimed area
suggested by the Committee with its slope was
was also that the entire thoroughly compacted,
reclamation area along with leveled and covered with
its slope be thoroughly soil as per visual
compacted, leveled uniformly observation on the day of
with 300 mm of proper soil inspection. The Committee
covering to prevent such is of opinion that a study
incidence in future. The may be carried out to
report is silent as to what verify the thickness of soil
action has been taken in that covering of the entire
regard. reclaimed area by
National Accreditation
Board for Testing and
Calibration laboratories
(NABL) certified
Laboratories or Institute of National Repute like NITs/IITs at its own cost of the respondent industry. The detail report may be submitted directly to Hon'ble NGT by the respondent industry.
4 The remedial action further • It has provided a solid suggested was that the earthen embankment as a earthen embankment of protection measure. The adequate geotechnical Committee is of opinion strength has to be provided that a study may be and maintained at least up carried out to verify the to the end of one monsoon geotechnical strength of after completion of the work earthen embankment by 4 as per the Clause 4.6 (iv) of National Accreditation the Guidelines for Board for Testing and reclamation of low-lying Calibration laboratories areas and abandoned (NABL) certified quarries with fly ash of laboratories or Institute of SPCB, Odisha, the report is National Repute like silent in this regard. NITs/IITs by the respondent industry at its own cost. The detail report may be submitted directly to Hon'ble NGT by the respondent industry.
5 Ms. Papiya Banerjee Bihani, • A detail comprehensive learned Counsel appearing report on inspection dtd. for Odisha State Pollution 08.07.2021 has already Control Board as well as Mr. been submitted for all the Saubhagya Ketan nayak, points in the Terms of learned AGA appearing for Reference given in para State Respondents, Govt. of 10 & 11 of the order Odisha, pray for and are dated 15.06.2021. granted three weeks time for Further, clarification on filing further comprehensive the aforesaid report & a affidavits which should field verification report of include all the points in the 19.10.2021 has also been Terms of Reference given in submitted. para 10 & 11 of the order • Again, a field visit was dated 15.06.2021 and also conducted on 21.02.2022 showing compliance of the to verify the status of the remedial measures site and parawise suggested by the Committee observations has been for restoration of the damage mentioned. It is observed caused and recovery of the on the day of inspection Environmental Compensation i.e. 21.02.2022 tat the of Rs.26,19,725/- (Rupees ash deposited over the Twenty Six lakhs Nineteen government forest Kisam, Thousand Seven Hundren water stream land and Twenty Five). the private kata land have already been removed by M/s Vedanta Ltd. at its own cost.
5• The entire reclaimed area with its slope was thoroughly compacted, leveled and covered with soil as per visual observation on the day of inspection. The Committee is of opinion that a study may be carried out to verify the thickness of soil covering of the entire reclaimed area and to verify the geotechnical strength of earthen embankment by National Accreditation Board for Testing and Calibration laboratories (NABL) certified laboratories or Institute of National Repute like NITs/IITs by the respondent industry at its own cost. The detail report may be submitted directly to Hon'able NGT by the respondent industry.
• There is no agriculture private land affected due to breach of the earthen embankment of reclamations site.
• The private kata land has been cleaned and only clay was found as it has been dried up. This type of kata land is not suitable for pisciculture as the property is not bound by bund on all sides.
6 Bunds are present on two sides and other two sides are open. To make the pond suitable for psiciculture, certain conditions are required to be fulfilled as per the report of Fishery Department of Govt. of Odisha. Since this is a private land it all depends upon the lad owner whether he will be going for earth work at own investment for pisci- culture in future. Detail report of the same is enclosed for reference. 6 We also find that this • To assess the damage amount of Rs.26.19,725/- caused, three nos. of soil (Rupees Twenty Six lakhs sample @ one each from Nineteen Thousand Seven the affected area of the Hundred Twenty Five does village forest land, Kata not refer to the inaction of the land and one from the Respondent No.9 with regard unaffected area of the to the entire remedial Kata and water sample measures for restoration of was collected on the damage caused which 08.07.2021 during the we have already noted visit of the Committee. It hereinabove, and which is evident from the entail a fresh financial analysis reports that the assessment of the damage parameters are within the caused which is required to norms. be recovered from M/s • There is no agricultural Vedanta Ltd. private land affected due to breach of the earthen embankment of reclamations site. • The Industry (M/s. Vedanta ltd.0 has done 7 all the remediation & restoration cost at its own cost. However, the financial assessment was estimated to be Rs. 26,19,725/- as per the observation of the Committee. In view of the analysis results of soil & water sample ad observation of the committee made earlier on 08.07.2021, the ash deposition has not impacted to the fertility rate of soil of the affected Govt. land. Under such circumstances, a fresh financial assessment based on the previous observations made earlier on 08.07.2021 may not be feasible.
2. One affidavit dated 03.03.2022 has been filed on behalf of the Respondent No.6, Collector & District Magistrate, Jharsuguda; the same is taken on record.
3. One reply affidavit dated 05.04.2022 has been filed on behalf of the Applicant; the same is taken on record.
4. One affidavit dated 20.04.2022 has been filed on behalf of the Respondent No.9, M/s Vedanta Limited; the same is taken on record.
5. We have heard Ms. Mithu Bhattacharya, learned Counsel appearing in Virtual Mode for the Applicant and Mr. S.K. Nayak, Additional 8 Govt. Advocate appearing in Virtual Mode for the State Respondents, Govt. of Odisha, Mr. N.C. Bihani, learned Counsel alongwith Ms. Papiya Banerjee Bihani, learned Counsel appearing in Virtual Mode for the Odisha State Pollution Control Board and Mr. Ratnako Banerjee, learned Senior Counsel appearing in Virtual Mode assisted by Mr. Deepan Kumar Sarkar and Mr. Matri Prasad, learned Counsel for Respondent No.9, M/s Vedanta Limited.
6. Judgment reserved.
..................................... B. Amit Sthalekar, JM ................................... Saibal Dasgupta, EM April 22, 2022, Original Application No. 10/2021/EZ AK 9