National Green Tribunal
Amiya Pandab vs State Of Odisha on 9 December, 2022
Item No.02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.137/2022/EZ
Amiya Pandab Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 09.12.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. Prabhu Prasanna Behera, Adv. (in Virtual Mode)
For Respondent(s) : Mr. Tarun Patnaik, ASC for State of Odisha, (in Virtual Mode)
Mr. Gora Chand Roy Choudhury, Adv. for R-3, (in Virtual Mode)
Ms. Papiya Banerjee Bihani, Advocate for R-4, 5 & 8,
Mr. Ashok Prasad, Advocate for R-11,
Mr. Prabhat Kumar Muduli, Advocate for R-12 to 14,
ORDER
1. Mr. Prabhu Prasanna Behera, learned Counsel is present (in Virtual Mode) for the Applicant.
2. Affidavit dated 06.12.2022 has been filed on behalf of the Respondent Nos. 4, 5 & 8, State Pollution Control Board, Odisha;
the same is taken on record.
3. Along with this affidavit, an Inspection Report of inspection carried out on 30.11.2022 by the Committee has been filed as Annexure-
R4/1. The observation of the Committee and the parawise allegation and compliance in the Report read as under:-
"Inspection Report in the matter of O.A. No.137/2022(EZ) Amiya Pandav V.s State of Odisha & Others ...xxx............xxx..............xxx................xxx............xxx..... Observation of the Committee:
South Kaliapani Chromite Mines has two pits named as Quarry-D and Quarry-F, whereas Sukurangi Chromite Mine has 1 one pit called Quarry-ACDE. During visit it was observed that both the quarries of South Kaliapani Chromite Mines were under operation and Sukurangi Chromite Mines was not in operation.
South Kaliapani Chromite Mineshas been allowed to discharge mine drainage water and surface run-off water to outside after adequate treatment. Whereas, Sukurangi Chromine Mines, which is adjacent to South Kaliapani Mines has been allowed to discharge its surface run-off to Quarry-F of South Kaliapani Mines and can be discharged to outside after treatment in the ETP of South Kaliapani Mines. The South Kaliapani Chromie Mine has installed two numbers of ETP with the capacity 1200 KL/Hr and 300 KL/Hr for D-Quarry and F-Quarry.
The mine drainage water from D-Quarry, F-Quarry & Sukurangi Chromite mines is treated in the ETP and after treatment used in dust suppression, plantation and rest of the treated water is discharged to outside which ultimately meets the Damsallah nallah through natural drains.
Samples were collected during visit from inlet and outlet of Quarry-D ETP and as per analysis report it revealed that quality of treated water from the out let of ETP meeting the prescribed standard of the Board w.r.to Ph, TSS, Cr+6.
Hence, at present no violation of conditions of consent to operate was observed.
Sl. Allegations Compliances
No.
1 That the present original Both the mines having valid
application has been most consent to operate from the
humbly preferred by the SPC Board.
applicant to protect the During inspection, both the
environment more particularly ETPs were under operation.
the Damasala Nala, in the South Kaliapani Chromite
district of Jajpur, Odisha and Mines has been allowed to the nearby rivers and its eco discharge mine drainage system. The applicant is water and surface run-off challenging the action of the water to outside after Respondents (State Government) adequate treatment. in allowing to discharge wastage Whereas, Sukurangi 2 water even after specific finding Chromite Mines, which his and observation in the enquiry adjacent to South Kaliapani with regard to violation of the Mines has been allowed to norms and mining plan and discharge its surface run-off guidelines hence causing huge to Quarry-F of South loss and damage to the Kaliapani Mines and can be environment more particularly discharged to outside after the river ecosystem. Further the treatment in the ETP of South applicant has also challenged Kaliapani Mines. The South the action of the Respondent Kaliapani Chromite Mine has No.12 in running the mines installed two numbers of ETP without having proper Effluent with the capacity of 1200 Treatment Plant (ETP), without KL/Hr and 300 KL/Hr for D- having consent order and Quarry and F-Quarry without following the guidelines respectively. thereby causing huge hazards for the environment and the local The mine drainage water inhabitants of the area nearby from D-Quarry & Sukurangi Sukurangi Chromite Mines and Chromite mines is treated in South Kalipani Chromites Mines. the ETP and after treated used in dust suppression, plantation and rest of the treated water is discharged to outside which ultimately meets the Damsallah nallah through natural drains.
Samples were collected during visit from inlet and out let of Quarry-D ETP and as per analysis report it is revealed that quality of treated water from the out let of ETP meeting the prescribed standard of the Board w.r.t. pH, TSS Cr+6.
Hence, at present no violation of conditions of consent to operate was observed.
2 That, the address of the present No comments applicant is mentioned above in 3 the memo of parties for the service of notices of the present Original Application.
3 Those, the address of the No comments
Respondents are given for
service of notices of the present Original Application.
4 That the present applicant above As mentioned in Sl. No.1.
named beg to present this The treated wastewater is Original Application as against monitored by the team and the respondents for allowing the observed to be conforming to mines to function illegally the standard. without having proper Effluent Treatment Plant and also discharge wastage water in Sukurangi Chromite Mines and South Kaliapani Mines, under Jajpur Tahasil, District Jajpur, Odisha without proper Consent to Operate order which is a sine-
qua-non for mining by the
Respondent No.13.
Further the present applicant
also challenge the and inaction of the authority in allowing the mining activities in the areas of Sukurangi Chromite Mines and South Kaliapani Mines area without proper and adequate and proper Effluent Treatment Plant.
5.1 That the local residents of No comments Sukinda Valley, District Jajpur, which is surrounding by Brahmani River and the people of that district are dependent on that particular river for the purposes of irrigation, drinking, farming and other requirements. Moreover, this particular locality 4 is having a population of over 50,000 people. Most of the inhabitants of this area are farmers and are fully dependent on the river Brahmani and Damshala Nala for cultivation, fishing and other activities. 5.2 That it most humbly submitted Upgraded ETPs are of here that, on 30.12.2017 the capacity 1200 KL/Hour and respondent no.5 wrote a letter 300 KL/Hour instead of bearing no. 5119 to the 1200 KLD and 600 KLD. respondent no.6 to verify the status of operation up-graded All the outlet parameters like Effluent Treatment Plant pH, TSS and Cr+6 are within (hereinafter ETP) and online the prescribed standard of monitoring system of South the Board.
Kaliapani Chromite Mines of
M/s OMC Ltd. i.e. the
respondent no.1 at South
Kaliapani.
Further it is humbly submitted
here that, in the said letter the respondent no.5 stated that the South Kaliapani Chromite Mines of the Respondent No.12 was inspected on 28.12.2017 and 29.12.2017 to verify the status of operation and upgraded ETP.
The mine has completed & commissioned upgraded ETP of capacity of 1200 KLD & 600 KLD respectively to treat the mine drainage water of "D' quarry & "F" quarry in all aspects since 30.10.2017. the ETP consist of bar screen, oil and grease tap, equalization- cum-settling tank, dozing tanks, secondary clarifier, sludge drying filter press, pressure and 5 filter (PSF), activated carbon filter (ACF) and treated a effluent collection tank. Further it is stated here that, after up gradation of ETP first water quality monitoring was conducted on 14.11.2017, from the analysis report it was revealed that the Hexavalent Chromium Concentration at outlet of ETP of 'F' quarry was 0.0029 mg/l and at outlet of ETP of 'D' quarry was 0.027 mg/l.
the other parameters like pH and TSS values at both the ETP outlet were within prescribed standard of the Board. The mine has also installed online water quality monitoring system at the inlet & outlet to ETP with online Data transmission facility at both the ETP.
5.3 That it is noteworthy to mention Surface run off collection here that, on 07.09.2019 the structure have been Regoinal Officer of the constructed near Koiposi for respondent no.5 provided to the collection of surface runoff respondent no.6 the inspection water from OB Dump-2 near report dated 07.08.2019 on security gate of Sukurangi surface runoff management of Chromite Mines which is South Kaliapani Chromite Mines pumped out to quarry 'D' ETP wherein it was stated that the for treatment the treated mine has constructed 4135 m water is being discharged creator boulder wall, 13800m outside. earthen garland drain and 19 Surface runoff collection nos. settling pit. The mine has structures have also been constructed about 4200 mts constructed near ore stack garland drain around the dump. yard and south side of OB The surface runoff collected in Dump-1. The collected the settling pit is pumped out to surface runoff water is the existing ETP for treatment. pumped out to quarry 'D' ETP 6 It is important to mention here for treatment. After proper that it was found that runoff treatment the treated water collection & treatment facility is is being discharged outside. not provided for ore stack yard and south side of OB dump-1.
Part of Runoff generated from ore stack yard, OB dump-1 & new OB dump (Dump-2) near security gate of Sukurangi Chromite mine was directly discharge dto outside which ultimately meets to Damsala Nalla. Sample was collected during visit from OB dump (Dump-2) near security gate of Sukurangi Chromite mines
which was discharged to outside & as per analysis report, it does not meet the prescribed standard of the board w.r.t.
Cr+6. The mine drainage water from D quarry pumped to the ETP capacity of 1200 KL/Hr and F quarry pumped t the ETP of capacity 300 KL/Hr for treatment.
After the treatment, the treated water is discharged into Damsala Nalla through natural drains. After inspection the respondent no.5 found that the water samples of runoff water discharged from OB dump-1 and new OB dump-2 was collected for analysis during visit. The concentration of Cr+6 in these samples was found to be higher than stipulated limit of 0.05 mg/l. In view of the above the respondent no.5 recommended to direction may be issued to the 7 unit to rectify the lapse in surface runoff management system.
5.4 That it is pertinent to mention Show cause notice was here that on 24.10.2019 the issued vide letter no. 11375 respondent no.5 issued a show dtd. 24.10.2019 to South cause notice for revocation of Kaliapani Chromite Mines for consent to operate u/s 25/26 of some non-compliances to Water (PCP) Act, 1974 & section CTO conditions i.e. (i) not 21 of Air (PCP) Act, 1981 to the having surface run off respondent no.13 on basis of collection and treatment inspection dated 07.08.2019 facility for part of ore stock and directed him to file show yard area and part of over cause as to why consent to burden dump no.1, (ii) operate granted in favour of his discharge of part of run off mine up to 01.03.2020, shall not water from over burden on.1 be revoked. and over burden no.2 was found to be prescribed discharge standard of the Board.
5.5 That after receipt of the show In response to the show cause notice on 06.11.2019 the cause notice the unit had respondent no.13 filed the reply submitted the reply within wherein he replied that, the due date of the notice served entire constructions shall be vide its letter no. 3190 dt. completed by May, 2020, before 06.11.2019 indicating that monsoon and further replied that they have maintained the they have maintained the slope slope and designed the and designed the terraces so terraces so that no water that no water is allowed to go would be allowed to go beyond the lease area they shall beyond the lease area till ensure to maintain the same till permanent mitigation a permanent mitigative measure measures would be pumped are in place. Wherever possible, out to treat through ETP and they will pump out the requested to permit till May accumulated water to treat 2020 i.e. before the monsoon through ETP. to complete the entire construction work for permanent mitigation measures.
85.6 That further on 17.03.2020 the After receiving the reply to Regional Officer of the the show cause notice the respondent no.5 sent an mine was inspected on inspection report of the South 11.03.2020 to verify the Kaliapani Chromite Mines of the environment practice and Respondent no.12 dated compliance to consent 11.03.2020 wherein the conditions as well as show respondent no.5 observed that cause notice and inspection the respondent no.13 violated report of Regional Office the conditions of consent to submitted vide letter no. 493 operate. the consent to operate dtd. 17.03.2020. has been granted to the mine for production of Chrome Ore (ROM) It was reported in the 1.4 MTPA and COB plant of inspection report that several throughput capacity 0.47 MTPA numbers of earthen settling which valid up to 31.03.2020. tanks were constructed at Further it is verified that the different locations for total Chrome Ore production of channelizing the entire run the mine during 2018-19 is off water of the said area to 1050513 MT. the water used for settling tanks through various activities and the garland drain and no sources are water and bore well. discharge of untreated run further it was observed by the off to outside was found. respondent no.5 that the mine is Quality of treated water at fully mechanized opencast mine both the ETPs outlets was and drilling is being done with within the prescribed the wet drilling arrangement standard of the Board. facilities in drilling machine like inbuilt dust extraction system & water injection system for dust suppression.
5.7 That such action of illegal As mentioned in sl no.5.6 discharge of wastage water has damaged the private and public properties as well as aquatic habitats. Excessive discharge of pre-treated/untreated water has significantly distorted the natural equilibrium of the stream channel.
95.8 That while the said mines Both the mines have valid sources started operating the consent to operate during the respondent no.12 obtained alleged period i.e. 2017 and consent to operate under from onwards as mentioned in the respondent no.5 wherein the OA. consent to operate was allowed till 31.03.2025 it has come to knowledge of the applicant from reliable sources which he believe to be true that after the consent to operate is extended the conditions stipulated therein is not at all followed by the authorities and respondents in any manner whatsoever. On the other hand without having a consent order respondent no.13 are still extracting/discharging the wastage water from the Sukurangi Chromite Mines area to other areas and beyond the specified area also thus for the same, the respondent no.12 and 13 are liable.
5.9 That it is most humbly submitted As mentioned in sl. no. 5.8 that there are two chromite mines. Both these mining sources are generally allotted for chromite mining by way of a tender process. It is pertinent to mention here that on 18.10.2021 the respondent no.12 got consent order for chromite mining from Sukurangi Chromite Mines for a period of 2 years i.e., till 31.03.2023, which was issued by the State Pollution Control Board, Odisha for the purpose of consent for discharge of sewage and trade effluent 10 under section 25/26 of Water (PCP) Act, 1974 and for existing/new operation of the plant under section 21 of Air (PCP) Act, 1981 from Sukurangi Chromite Mines to South Kaliapani Chromite Mines.
5.10 That after the consent was over As mentioned in sl. no. 5.8 the respondent no.12 started the mining operation and discharges the wastage water from Sukurangi Chromite Mines to Damasala Nala, Jajpur. Further It is submitted that Sukinda Valley in Jajpur district of Odisha contains about 98% of chromite reserve and it is exploited mostly by opencast mining process since 1950.
5.11 That Hexavalent Chromium is a The standard of Hexavalent highly toxic form of chromium Chromium as per the E(P) metal mainly used in different Rules, 1986 is 0.1 mg/l. industrial applications for its however, considering the anticorrosive properties. Due to sensitivity of Sukinda Valley, open cast mining process lots of the State Board has over burden area being stipulated a stringent generated and leaching from this standard of 0.05 mg/l for over burden adds the discharge for all mines in the Hexavalent Chromium to ground valley including South water regime. Ground water in Kaliapani Mines. the valley is encountered at a shallow depth in semi-confined aquifer. Hexavalent Chromium is carcinogenic beyond permissible limit (0.05 mg/l). Therefore, there is a threat of contamination of Hexavalent Chromium to the ground water regime of the valley as well as to the environment.
115.12 That it is a matter of great Anaerobic lagoons is concern that the general employed to treat effluent condition of the consent order with high BOD. In the context the care should be taken to keep of South Kaliapani Mines the the anaerobic lagoons, if any, treatment is carried out to biologically active and not treat the Hexavalent utilized as mere stagnation Chromium, which is done ponds. The anaerobic lagoons through chemical process. should be fed with the required The general condition no.17 nutrients for effective digestion. in the consent order is Lagoons should be construed therefore not applicable in with side and bottom made this case. impervious. But the respondent no.13 has miserably failed in complying such conditions.
5.13 That it is also mentioned under Sukurangi Chromite Mines Special Conditions at Clause 12 has no dedicated ETP. All of Consent Order that mine shall surface runoff water is being furnish the details of the accumulated at quarry and adequacy of its surface runoff settling ponds of Sukurangi management system in place Chromite Mines and the and submit a declaration that no same is routed to Quarry-F runoff water will be discharged ETP of adjoining mining lease to outside during monsoon. of South Kaliapani through Further at Clause 13, it is pipe line connection. Finally, mentioned that, mine drainage the treated water after water shall be discharged into treatment in F-Quarry ETP is surface water body after being discharged outside as adequate treatment in the per the conditions stipulated upgraded ETP of South in consent to operate order. Kaliapani Mine. The treated Samples were collected waste water of upgraded ETP during visit from inlet and out shall also be utilized for let of Quarry-D ETP and as sprinkling activities at various per analysis report it sources of generation of dust. revealed that quality of Conjoint reading of these two treated water from the out let conditions will to show that the of ETP meeting the Sukurangi Mines doesn't have prescribed standard of the ETP, therefore the respondent Board w.r.t. pH, TSS, Cr+6. no.14 are sending it to South 12 Kaliapani Mines. That because of such type of activities by the respondent no.14 not only the river bed is being affected but also the same is creating a hazardous environment for the Sukinda Valley, Jajpur and its eco system. Due to such illegal discharge of wastage water it has affected the ecosystem of the locality along with the river bed.
It is quite obviously understood that, the respondent no.12 taking the pr-treated/untreated water from Sukurangi Chromite Mines to South Kaliapani Mines for treatment. But how the respondent B. No. 12, 13 and 14 are transporting without any pilferage without discharge in the midway nowhere is mentioned and the respondent no.12 are not maintaining the same. While the respondent no.14 is sending pre-
treated/untreated waste water which is hazardous water to South Kaliapani Mines, it is clear that Sukurangi Chromite Mines is not treating the entire waste water. Some amount of the total water is being sent for treatment for official records only and rest of the waste hazardous water are being thrown out to the river through one Nalla, polluting the environment for which not only the river eco system is being polluted but also the human life and flor and fauna of the 13 environment is being severely affected.
5.14 That it is important to mention No surface run-off is here that the respondent no. 12, discharged to outside. Rather 13 and 14 should not discharge the run-off is collected within the runoff water to outside then the mine and pumped to the it is understandable that the ETP located in the adjacent respondent no.14 should have a lease for the adequate treatment plant inside the mines treatment. but it is sending the untreated water to South Kaliapani Mines that means the respondent no.
12, 13 and 14 are violating the clause 12. Runoff water are either not treated causing huge environmental issues for the public, for local inhabitants and for the flora & fauna of the area or the respondent no.12, 13 & 14 are not complying both the clauses.
5.15 That it is pertinent to mention As mentioned in sl. no. 5.13 here that, there is question that the respondent no.12 transport the pre-treated/untreated wate water from Sukurangi Mines to South Kaliapani Mines is being done in which manner and whether total waste water is being treated or not. the respondent no.12 are not treating the entire waste water rand causing huge environmental issues in the locality.
5.16 That the volume of runoff water Regular monitoring by the can be calculated from the area State Pollution Control Board of the mines and the average indicates that the treated rain fall which is available on water is meeting the record, therefore it is crystal stringent standard 14 clear that, South Kaliapani prescribed by the Board. This Mines having more volume of indicates that the ETPs have runoff water itself not capable of adequate capacity to treat treating its own Runoff water in the effluent.
its ETP. Therefore it is questionable that how the ETP of South Kaliapani Mines is treating the Runoff water (pre- treated/untreated) of Sukurangi Mines. This creates a lot of confusion and compels the applicant to put questions on the management of the respondent no.12, 13 and 14 and illegal, arbitrary action in managing the waste water.
5.17 That it is most important to No comments.
mention here that, the Odisha counts about 98% of total proved chromium from the more reserves of the country of which about 97% occur in Sukinda Valley and overall area covering the approximately 200 sq. kms. In Jajpur District. Therefore the mines functioning on those area needs to be more careful for having a sustainable development vis-à-vis environmental ecosystem.
5.18 That the respondent no.5 The adequacy of the recorded the occurrence of treatment system was chromium in the mines drainage evaluated by IIT, Kharagpur water of the chromite mines in and the treatment plants the Sukinda Valley in 1980s, no were upgraded as per the techno economically viable recommendation of IIT treatment methods for chromium Kharagpur. was available therein. At present there are 2 nos of Subsequently, though it is found upgraded ETP is available at that, there are some treatment South Kaliapani Mines 15 plants are established but those having capacity of 1200 are not adequate for the volume KL/Hr & 300 KL/Hr. of Runoff water and the volume Sukurangi Chromite Mines of wastage water which are has no dedicated ETP. All coming out of the respondent no. surface runoff water is being 13 & 14 of respondent no.12. accumulated at quarry and settling ponds of Sukurangi Chromite Mine sand the ame is routed to Quarry-F ETP of adjoining mining lease of South Kaliapani through pipe line connection. Finally, the treated water after treatment in F-Quarry ETP is being discharged outside as per the conditions stipulated in consent to operate order.
Samples were collected during visit from inlet and out let of Quarry-D ETP and as per analysis report it revealed that quality of treated water from the out let of ETP meeting the prescribed standard of the Board w.r.t. pH, TSS, Cr+6.
5.19 That a study was conducted by No comments.
Odisha Voluntary Health
Association (OVHA)
Bhubaneswar to access the
health impacts due to chromite
mining. This is perhaps the first and by far the only such document report a random sample of 188 household out of total 373 in villages near 4 Chromite mines of Sukinda which includes mines of the respondent no.12 and having major stake in that area was 16 selected for the study and it was found that morbidity, which is the most important and sensitive indicator of ill health, reveals something starting in findings. In the morbidity pattern it shows a great variance between certain chromium induced diseases.
5.20 That chromium exists in two Both the mines are operating stable states a Hexavalent with valid consent to operate chromium and Trivalent of SPCB. At present there are Chromium. Out of which 2 nos of upgraded ETP is Hexavalent Chromium Cr+6 is available at South Kaliapani the most toxi form. Trivalent Mines having capacity of Chromium doesn't induce nay 1200 KL/Hr & 300 KL/Hr. harmful effect when it fade with Sukurangi Chromite Mines water or food in the living has no dedicated ETP. All organisms. Hexavalent surface runoof water is being Chromium Cr+6 are beyond a accumulated at quarry and certain concentration and toxic settling ponds of Sukurangi which have many adverse Chromite mines and the impacts on environment. As a same is routed to Quarry-F result of growing open cast ETP of adjoining mining lease mining activities by respondent of South Kaliapani through no. 12, 13 and 14 in mining area pipe line connection. Finally, i.e. Sukurangi Mines and South the treated water after Kaliapani Mines, the treatment in F-Quarry ETP is environment is under threat. In being discharged outside as Suinda Mining area around 7.6 per the conditions stipulated million tons of solid wastes has in consent to operate order. been generated in form of Samples were collected rejected over burden during visit from inlet and out material/waste rock and Sub- let of Quarry-D ETP and as Grade ore that may be resulting per analysis report it in the environment degradation revealed that quality of mainly causing lowering in the treated water from the out let water level as well as of ETP meeting the deterioration in surface and prescribed standard of the ground water quality. Board w.r.t. pH, TSS, Cr+6. 5.21 That according to the Indian The Board is aware of the 17 Standard the permissible limit of risk of Chromium Hexavalent Chromium form Contamination in Sukinda portable water is 0.05 ppm and Valley, therefore engaged IIT, for industrial discharge of water Kharagpur for a detailed is 0.1 ppm as per the Central study. As per the Pollution Control Board (CPCB) recommendation of IIT, Guidelines. In Sukinda area the Kharagpur all the mines laterization process involving were directed to uypgrade oxidation and alteration of the ETP to mitigate risk. On serpentines creates alkaline ore top of that the standard for water which facilitates the the treated water was also generation of Cr+6 Hexavalent made more stringent than the Chromium from in not chromites CPCB guideline. and causes hazardous chromite Samples were collected pollution of water. The ground during visit from inlet and out water in the Suinda Valley let of Quarry-D ETP and as occurs in the depth of 8 to 11 per analysis report it m3eters and when it comes in revealed that quality of contact with the atmospheric air treated water from the out let and chrome ore during the mines of ETP meeting the it gets contaminated with prescribed standard of the Hexavalent Chromnium beyond Board w.r.t. pH, TSS, Cr+6. the permissible limit which is a threat to the human civilization. 5.22 That there has been several As mentioned in sl. no. 5.21 reports and study on the effect of Hexavalent Chromium in the environment and human civilization which causes water po9llution as result of which not only the environment, the flora & fauna but also the civilization and existing of the human and other living beings are under threat.
5.23 That it is important to mention As mentioned in sl. no. 5.20.
here that from the inspection report of the pollution control board, it is found that the respondent no.12 mines i.e. 18 Sukyurangi and South Kaliapani have not complied with many of the conditions under the consent order as per the guidelines of State Pollution Control Board vis- à-vis Central Pollution Control Board. There is no sufficient ETP available in both the mines i.e. Sukurangi Mines and South Kaliapani Mines. There is no provision for collecting the surface run of water or for that matter the respondent no.14 have not done the lagoons and therefore no impervious button is also prepared which is dangerous for the ground water level.
5.24 That it is impost humbly No comments submitted that, while the above mention, Mines sources were being extracted/discharged the wastage water, it is found that the respondent no.12 (OMC) is adopting illegal methods and violating specific guidelines and norms resulting in environment threat and huge losses.
Therefore, a detailed complaint was sent to the respondent no.12 where in it is specifically averred and prayed to calculate the environmental loss/hazard caused by your mine since last so many years and pay compensation and to take immediate steps for rectifying the error within a period of 15 days with appropriate information to the undersigned.
19However, no action has been taken till date.
5.25 That due to the above the No comments ground water level of the area is also gradually decreasing. The proposed river bed mining is against the spirit of the Article 48A and 51A (g) that mandates for protection of environment and Article 21 of Constitution of India.
6 That, as discharging the No wastewater is observed to wastage water from Sukurangi be discharged from Chromite Mines to the Damsala Sukurangi Chromite Mines to Nalla bed is goind throughout Damsala Nalla. the day (24 hrs) day.
7. That illegal and unregulated As mentioned in sl. no. 5.20.
activities of the Orissa Mining Corporation violating the environmental norms and condition of the consent to operate order thereby damaging river bed along with the surrounding villages and also the environment.
8 That it is pertinent to mention Both the mines are operating here that, the ETP/mining from with valid consent to operate the Sukurangi Chromite Mines of SPCB during the alleged are done in the season which period i.e. 2017 an onwards. start from the year of 2017 and continued till the year of 2023. Samples were collected Therefore even though the leases during visit from inlet and out i.e. respondent no. 13 do not let of Quarry-D ETP and as have the Consent Order and per analysis report it even though there has been revealed that quality of cases/allegations/litigation treated water from the out let against the said lease they are of ETP meeting the mining ETP the most unfortunate prescribed standard of the part is the state machineries Board w.r.t. pH, TSS, Cr+6. being in hand in gloves with the 20 respondent no.12 are allowing such acts.
9 That the mining is supposed to Both the mines are operating take place only in the dry pits, with valid consent to operate however the mining in the of SPCB during the alleged present case were in-stream and period i.e. 2017 an onwards.
unsustainable mining and particularly more than that could be harvested in an ordinary way leading to over exploitation and same is become subject to the deep mechanical ETP mining.
And for this reason, the source at Sukinda Valley, Jajpur is also no more suitable and feasible sustainable for mining of chromium and the river could not replenish in the natural way because of over exploitation. It is most humbly submitted that the human and flora & fauna are affected due to scarcity of the water, which is because of the illegal activities of the State Government.
Grounds I For that the instant application No comments being filed U/s 14 under the Act raising the substantial question wherein the community at large and the environment is grossly affected and is coming within the ambit of section 2(m) of the Act. Section 2(m) of the Act provides that substantial question relating to environment cell include an instance where the community at large other than an individual or group of individuals is affected or likely 21 to be affected by the environmental consequences.
The arbitrary action of the respondents is antithesis to the doctrine of public trust as upheld and laid down by the Hon'ble Supreme Court in a plethora of judgments.
II For that the environment as No comments defined U/s 2(a) of Environment Protection Act, 1986 provides "Environment includes water, air and land and the inter relationship which exist among and between water, air and land and human beings, other living creators plant, micro-organism and property." The term environment as defined above inherently includes climate within its scope. Hence the present original application which is being preferred because of the adverse impact of the impugned action of the respondent comes within the ambit and jurisdiction of this Hon'ble Tribunal.
III For that without the consent Both South Kaliapani and order, the operation of the Sukurangi Chromite Mines of mining activities by the M/s OMC Ltd. is operating respondent no. 12, 13 & 14 is with valid consent to operate. illegal.
IV That the mining activities are Both the mines are operating done without ETP and without with valid consent to operate environmental clearance. of SPCB. At present there are 2 nos of upgraded ETP is available at South Kaliapani Mines having capacity of 1200 KL/Hr & 300 KL/Hr.
22 The mines have also
obtained EC from the
MoEF&CC, Govt. of India.`
V For that the mining activities are As mentioned in sl. no. 5.20
done without the statutory
compliance and without having
proper ETP plant.
VI For that the inspection As mentioned in sl. no. 5.20
conducted by the respondent
no.5 makes it crystal clear that the respondent no.12, 13 and 14 violating all the guidelines of consent order and discharging the protected/un-treated water to the Damsala Nalla and nearby river.
VII For that it is crystal clear from As mentioned in sl. no. 5.20 the three inspection reports that the respondent no. 12, 13 and 14 have not followed the guidelines and hence they should not operate the mining. VIII For that the state government is As mentioned in sl. no. 5.20 closing its eyes towards the illegal activities of the respondent no.12 been there is no permission from the authority.
IX For that the mining activities are No comments being done for 24 hours whereas the same is not permissible.
X For that due to the discharge the No comments wastage water the river path is diverted and affected grossly but no action has yet been taken against the respondent no.12. XI For that even though the As mentioned in sl. no. 5.20.
respondent no.5 has been
continuously and specifically
approached by way of issuing
23
notice to stop the illegal
discharge of the but no action is taken yet.
4. Mr. Prabhat Kumar Muduli, learned Counsel seeks to file Vakalatnama on behalf of the Respondent Nos. 12 to 14, Odisha Mining Corporation, South Kaliapani Chromite Mine and Sukurangi Chromite Mine. Let the Vakalatnama be e-filed in the course of the day. The Respondent Nos. 12 to 14 are granted four weeks time for filing their Counter-affidavits.
5. Mr. Prabhu Prasanna Behera, learned Counsel states that he has not received the copy of the affidavit dated 06.12.2022 along with the Inspection Report filed by the State Pollution Control Board, Odisha.
6. Ms. Papiya Banerjee Bihani, learned Counsel appearing for State Pollution Control Board shall serve e-copy/soft copy of the affidavit dated 06.12.2022 along with the Inspection Report upon Mr. Prabhu Prasanna Behera, learned Counsel within 24 hours, who may file his objections, if any, to the same before the next date of listing.
7. List on 11.01.2023.
..................................... B. Amit Sthalekar, JM ................................. Dr. Afroz Ahmad, EM December 09, 2022 Original Application No.137/2022/EZ AK 24