National Green Tribunal
Dinesh Prasad Chaurasia vs State Of Bihar on 22 September, 2022
Item No.1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
Original Application No.181/2022
(By Video Conferencing)
Dinesh Prasad Chaurasia & Ors Applicants
Versus
State of Bihar Respondent
Date of hearing: 22.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Abhimanyu Sing, Advocate alongwith Mr. S.
Chandrasekar, Member Secretary for State PCB.
Respondent: Mr. Aman Lekhi, Sr. Advocate alongwith Mr. Adarsh
Tripathi, Mr. Ritwiz Rishabh and Mr. Aniket Seth,
Advocates for NTPC, Kanti.
Mr. Partha Nag, General Manager, Mr. Vepin Pandey,
and Mr. K. Karthikeyan, DGM (EMG), NTPC.
Application is registered based on a complaint received by Post.
ORDER
1. The grievances in the present letter petition sent by Mr. Dinesh Prasad Chaurasia and other residents of Village Narsanda, P.O/P.S Kanti, District Muzaffarpur, Bihar are that fly ash is being dumped and effluent is being discharged by Kanti Bijlee Utpadan Nigam Ltd. (KBUNL), of NTPC on adjoining agricultural land in village Narsanda causing flooding of farmers land and making the same infertile. No crops could be cultivated there and fruit bearing trees on land near fly ash dyke have also dried.
2. Vide order dated 19.04.2022, this Tribunal constituted a Joint Committee of representatives of Central Pollution Control Board, Regional Office of MoEF&CC, Ranchi, State PCB and District Magistrate, O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -2- Muzaffarpur, Bihar and directed the same to submit factual and action taken report within two months.
3. In compliance of the order, the Bihar State Pollution Control Board vide its letter dated 28.04.2022 fixed meeting of the joint committee on 05.05.2022. In the meeting, it was decided that the site visit to look into the grievances of the applicant will be done on 19.05.2022 to ascertain factual position regarding alleged flooding in agricultural land of farmers, making them infertile, damage to crops and fruit bearing trees on land near fly ash dyke of KBUNL and officials from concerned departments like Agriculture, Irrigation, Animal & Fisheries Resources, Local Body and Circle Officer of the area would also be present on the day of visit.
Accordingly, the Joint Committee visited the site on 19.05.2022 and has submitted report vide email dated 29.06.2022. The relevant parts of the report are reproduced as under:-
" Description of Site:
M/s Kanti Bijali Utpadan Nigam Limited is an unit of M/s National Thermal Plan Corporation (NTPC), Kanti, Muzaffarpur has established 3-numbers of Fly-Ash Dykes & 1-number of Fly-Ash Pond in the north-south area between village: Narsanda & Kanti, PO+PS: Kanti, District: Muzaffarpur. The village Narsanda is situated in the east side of fly-ash dyke No-1 & 2, while Ward no - 8 is situated in the south & Ward No -- 7 in the west of village -- Kanti from the Fly-ash Pond. The fly-ash is found in practice to store, loading, unloading and transportation outside the fly-ash Dykes & fly-ash Ponds on vehicles regularly.
Factual Status The Joint Committee visited the fly-ash Dykes and found that:-
1. The Fly-Ash Dykes were not fenced.
2. Paved roads were not constructed & the vehicles were in practice to travel on the dusty path full of fly-ash on soiled roads.
3. Permanent water sprinkling arrangements on Dykes & around the soiled roads of Dyke & Pond were not established.
4. The loading/unloading of vehicle with dry-fly-ash instead of wet- fly-ash were found not in practice.
5. Covering of loaded fly-ash and keeping free-board on the vehicles were found not in practice.
6. The mechanism for washing tyres of the vehicles going outside the Dykes and Pond have not established.
O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -3-
7. The old canal passing near the Dyke no - 1, was not visible, causing erosion of soil and discharge of fly-ash mixing with rain water.
8. Tree plantation around outside the soiled roads not planted and not developed green belt around the Dykes and Pond.
So, it is possibility & may cause for the scattering & emission of fly- ash outside the, Dykes & Pond due to storm & rain water, damage to environment, soil & the crops of agriculture land. The old canal was not in existence due the soil erosion and discharge of fly-ash during rainy season as stated by the complainants and local villagers.
Villagers Statements:
1. Shri Kari Sah, S/o Chaturbhuj Sah, Kanti, Muzaffarpur:-
The unit is discharging wet-fly-ash through 4 numbers of pipelines, from the south of Dykes. The water comes out from the wet fly-ash of the Dykes and flow on the agriculture land, causing damage to soil and crops of agriculture land.
2. Sri Rajesh Prasad, S/o Late Falli Bhagat Narsanda, Muzaffarpur:-
The raiyati land in the east side damaged due to mixing with fly- ash during raining season to discharge of fly ash mixing with rain water.
3. Sri Pankaj Kumar, S/o Sro Jay Narayan Chaurasia, Narsanda, Muzaffarpur:-
The Old canal covered with soil and fly -ash mixing with rain water and disappeared its existence. So, discharge of rain water into river or other low land area is not functioning properly, causing water logging on agriculture land and contamination of fertile soil with fly-ash.
Findings of Departments
1. Circle Officer, Kanti, Muzaffarpur:
(Lettter Ref. No. 1091 dated - 16.06.2022) The land outside the fly-ash Dykes in the north side is not using by the NTPC. So, it is clear that the NTPC is using his own lands for the storage purpose of fly-ash.
2. District Husbandry Officer, Muzaffarpur:
(Letter Ref. No: 1209, Dated - 10.06.2022) Trace of fly-ash has been found in some agriculture lands. It may damage to the health of animals in long run.
3. Executive Engineer, Flood Control Division, Muzaffarpur:
(Letter Ref. No. 663, dated:- 09.06.2022) The upper layer of dry fly-ash in the summer season, causing emission fly ash with wind and may spread nearer agriculture land and may contaminate the fertile soil. O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -4- He suggested that water sprinkling arrangement on ash Dykes shall be provided to minimize the emission of fly-ash. Water may be used for sprinkling from the River Budhi Gandak. This river is situated only 1.0 KM from the Dykes.
4. District Fishery Officer, Muzaffarpur:
(Letter Ref. No. 624, dated 09.06.2022) The ponds of fishery are 1.0 KM away from the said Fly- ash Dykes. So, there is no damage to fisheries due to emission of fly-ash.
5. District Agriculture Officer, Muzaffarpur:
(Letter Ref. No. 624, Dated 09.06.2022) The water logging in the agriculture lands are due to rain water in the season and may damage to crops and orchard. The crops and orchard have not been seen healthy in this area due to emission of fly-ash and rain water flow mixing with fly ash and water logging during the rainy season.
Action Taken Report In similar complaints received from the village and others earlier for violation of environmental laws, the unit was directed to submit Bank Guarantee of Rs. 5.00 crores and accordingly submitted the same in compliance to the Board's Letter No. Ref No. 3607 dated 21.08.2020.
The State Board issued a Direction again vide Ref. No. 1857 dated 20.06.2022 To submit a "Time-Line-Program" to comply with the directions in the form of "an affidavit" "within 15 days" and submit progress report with evidence quarterly to the Board as mentioned below:
"STOP ACTIVITIES FOR STORAGE/ LOADING/UNLOADING/ TRANSPORTATION OF FLY-ASH FROM THE FLY-ASH DYKES FROM IMMEDIATE EFFECT.
Or SUBMIT A TIME LINE PROGRAM WITHIN 15 DAYS TO AND SUBMISSION OF PROGRESS REPORT QUARTERLY FROM TODAY FOR THE COMPLIANCE CONDITIONS AS FOLLOWS:
a. Construction of Fencing wall around the ash Dykes. b. Establishment of permanent pipeline for water sprinkling arrangement around the road and the Fly-Ash Dykes. c. Construction of Paved road around the Dykes to suppress fugitive emission during Transportation of Vehicles. d. Ensure loading and unloading of wet fly ash from the dykes instead of Dry fly ash.
e. Ensure to allow the loading of vehicles with free Board and covering of material properly and after cleaning tyres before transportation outside from the dykes.
f. Development of Green belt side-by-side around the dykes.
Fly Ash Pond O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -5-
a) Establishment of Permanent Pipeline for water sprinkling arrangement around the road and the Fly-Ash Ponds.
b) Construction of Paved road around the Pond to suppress fugitive emission during Transportation.
c) Ensure loading and unloading of Wet Fly Ash from the dykes instead of Dry Fly Ash.
d) Ensure to allow the loading of vehicles with free Board and covering of materials properly and after cleaning of tyres for transportation.
e) Development of Green belt side by side around the road around the pond.
And In addition to the above directions, ensure water sprinkling arrangement in every 6 hrs in a day on the road, Dykes and the pond area and ensure the loading/unloading of vehicles will be conducted with wet-fly-ash instead of dry-fly-ash from immediate effect.
Failing which the Bank Guarantee shall be forfeited without granting any further opportunity. "
4. Similar allegations were made in O.A. no. 272 of 2019 titled as Satyanarayan Sahni vs State of Bihar that pollution was being caused by fly ash dump set up by thermal power plant at Village Kanti Nagar, District Muzaffarpur, Bihar causing damage to the public health, animal health and ecology in the area. Vide order dated 16.04.2019 this Tribunal directed the District Magistrate, Muzaffarpur and Bihar State Pollution Control Board to look into the matter and take appropriate action in accordance with law and furnish a factual and action taken report in the matter within two months.
5. Accordingly, a report was filed by the State PCB on 21.12.2019 finding deficiencies in handling of the fly ash by the Thermal Power Plants in question. The observations were:-
"(ii) During inspection, all the four units of the thermal power plant under Stage - I & II, have at present, three ash-ponds of which two ash ponds in use since 1985 with no standard scientific design, take care of all the ash-slurry. The third pond called as ash-dyke, is under construction and is proposed to take care of the ash-slurry from all the said four units of stage- I & II. The ash, at present, being deposited in the said ash-pond nos. 1 & 2 occasionally breach and allow ash-slurry to the adjacent village named Kothiya. Further, for the purpose of ongoing construction of ash-dyke, trucks & lorries ply through the embankment of ash-
pond nos. 1 & 2, creating air pollution from the dryash on the O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -6- ground and surface. Especially during loading and unloading of fly-ash and movement of the lorries for the purpose of transportation of dry ash to the ash-dyke, under construction, dust rises, creating Air Pollution for the resident in the vicinity. As against the allegation that the required sprinkling of water to suppress dust, was not done, a vehicle for the purpose of sprinkling water could be seen on the job around the ash- pond/ash-dyke. However, the villagers contended that water sprinkling was not done regularly;
(iii) As against the contention that the transportation of fly-ash was not done in the covered vehicle, flyash could be seen during inspection under transportation in covered vehicle;
(iv) During inspection at 5 - 6 locations, fly-ash could be seen dumped near ash-pond no. 2, adjacent to the Kothiya village. Upon query, the management of the plant informed that the local people take out the ash-slurry from the ash-pond and dump the same on the bank, so as to dry it and store it. The wet-ash dumped on the site subsequently becomes dry, and when wind blows, rises as dust causing Air Pollution in the vicinity. Locals, however, refrained from giving any comment on that;
(v) As regards incidence of diseases like Cancer, TB to the villagers and death of animals including damage to the crop, the inspecting team contacted one, Dr. U.K. Chaudhary, Incharge, Primary Health Centre, Kanti and Dr. Ashok Kumar, Incharge, Veterinary Hospital, Kanti, who did not affirm in favour of the applicant's allegation. However, the concerned veterinary doctor informed that; in September, 2018, six animals died, but due to the complications relating to pregnancy and in respect of which records are also available;
(vi) As regards crops and plants getting affected adversely due to the pollution from ash ponds, no such sign or symptom were visible. However, the Board requested the Secretary, Agriculture Department, Govt. of Bihar and Secretary, PHED, Govt. of Bihar, vide the Board's letter nos. 7295, dated 12.12.2019 and 7251, dated 12.12.2019, respectively, to arrange for conduction of test on the effects of the activities of thermal power plant in the radius of 10 kilometer on agriculture and also to test at least two samples collected from each panchayat areas in the radius of 10 kilometer for obtaining analytical results in respect of heavy metals. Both the departments have been requested to supply their respective results to the Board so as to report the same further to the Hon'ble Tribunal;
(vii) The allegation of the applicant with regard to pollution of water and resultant adverse effect on the crops and land were also inspected and looked into. After detailed discussions with the management of the plant and physical inspection of the locations, under reference, it was gathered that the thermal power plant, which is required to maintain Zero Liquid Discharge (ZLD), fails to arrest industrial discharge from mixing with the storm water in rainy season. The overflow reaches the lands, in question, causing concern of the people. The facility for the separation of industrial and storm - water drain is inadequate. The problem, under reference, can be taken care of once the management had foolproof system.
O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -7- In addition to the said discharges in the rainy season, the incidence of seepage from the toe-line of the ash-pond, could be seen, as the existing two ash-ponds in the working condition are not perfectly designed, and therefore, in the near future, when the third pond i.e. ash-dyke becomes operational in the coming 5 - 6 months time, the problem may be solved. After detailed inspection by the team, certain recommendations were made to address the problem:-
(a) To ensure regular sprinkling of water on peripheral road upon which heavy vehicles ply;
(b) To ensure transportation of fly-ash/ soil by covered vehicle;
(c) To ensure fencing, lighting and adequate security around the ash-pond/ dyke;
(d) To ensure test of ground water and water from hand-
pump about heavy metals from some government organization (accredited lab);
(e) To ensure construction of toe-drain and peripheral drain around ash-pond/dyke to stop seepage of water into framers' field and also to ensure that there is no breach of ashpond/dyke in the rainy season;
(f) To ensure green belt around the peripheral drain by plantation wherever space is available;
(g) To ensure adequate maintenance of 'discharge pipeline rotation', so that discharge - pipeline in the ash-water recirculation system could remain leakage proof; and
(h) To ensure compliance of the conditions imposed in the environmental clearance/ CTO and directions given by the Central Pollution Control Board and State Pollution Control Board.
5. That subsequent to the inspection on 06.12.2019 - 07.12.2019, M/s. Kanti Bijlee Utpadan Nigam Limited, Kanti Unit, Muzaffarpur has been served with a Proposed Direction under section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and section 31Aof the Air (Prevention and Control of Pollution) Act, 1981, proposing thereunder environmental compensation in light of the findings during inspection by the Board."
6. In the above said case this Tribunal vide its order dated 03.02.2020 directed the District Magistrate, Muzaffarpur, and State PCB to take appropriate action in accordance with law. Order dated 03.02.2020 reads as under:-
"1. A report was sought from District Magistrate, Muzaffarpur and Bihar State Pollution Control Board with reference to the allegation of pollution being caused by fly ash dump set up by thermal power plant at Village Kanti Nagar, District Muzaffarpur, Bihar causing damage to the public health, animal health and ecology in the area.
2. The matter was thereafter considered in the light of report dated 21.12.2019 indicating deficiencies in handling of the fly ash by M/s. Kanti Bijlee Utpadan Nigam Limited, Kanti Unit, Muzaffarpur (KBUNL). The Tribunal directed further remedial action and filing of status report.
O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -8-
3. Accordingly, a status report has been filed by the State PCB on 16.07.2020, mentioning the steps taken including the shortening of timeline for performance of certain jobs, in the interest of the environment. The State PCB, to secure performance has sought bank guarantee of Rs. 5 crores.
4. In view of above, let further action be taken by the KBUNL which may be overseen by the State PCB. The application is disposed of. A copy of this order be forwarded to M/s. Kanti Bijlee Utpadan Nigam Limited, Kanti Unit, Muzaffarpur and the State PCB by e- mail for compliance."
7. Mr. S. Chandrasekar, Member Secretary, Bihar State Pollution Control Board has summarized action taken in compliance of order dated 16.04.2019 in Factual and Action Taken Report submitted on behalf of Bihar State Pollution Control Board in the present case as under:-
"1. That in view of the orders passed by the Hon'ble Tribunal, the State Board along with representatives of the District Administration inspected the unit and ash pond of M/S KBUNL on 06.12.2019 and 07.12.2019, in presence of representatives/officers of M/S KBUNL and the local residents including the complainant.
2. That in the said inspection, inter-alia, it was found that the conditions subject to which CTO was granted to M/S KBUNL were not being complied and also the 'Environmental Clearance' conditions were not being complied. Some of the violations were found are reproduced hereunder: - i. Adequate facility for the maintenance of ash-ponds was not provided, as only one water sprinkling vehicle was seen sprinkling water in insufficient manner; ii. Ash-slurry was found dumped outside the ash-pond and was left to dry; iii. Facility for the management of the seepage water from ashpond was not developed; iv. There was no peripheral drain around the ash-pond to save from breachs; v. There was no separate storm water and industrial waste water drain; vi. There have been cases of breach earlier; and vii. There was lack of security arrangement for the ash-ponds like fencing, lighting, guards, etc. to safeguard the ash-ponds from any tampering and any unforeseen mis-happening.
3. That in view of the aforesaid violations 'Proposed Direction' as contained in Memo No. 7310, dated 19.12.2019, was issued, by the Chairman of the State Board in exercise of powers conferred by Section 31A of the Air Act and Section 33A of the Water Act, and served upon M/S KBUNL wherein measures for arresting the pollution being caused were proposed and M/S KBUNL was given an opportunity to file its objections (if any) as to why the Board shall not direct M/S KBUNL to implement/take the said measures in a time bound manner. Further, in the said 'Proposed Direction' M/S KBUNL was also directed to showcause as to why 'Environmental Compensation' shall not be imposed for the aforesaid violations.
4. That M/S KBUNL filed its reply vide letter no. KBUNL/MTPS/42706, dated 31.12.2019, in which they have admitted the fact of inspection and have also admitted the O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -9- violations and deficiencies as pointed/noted by the inspecting team.
5. That the timelines proposed by M/S KBUNL in their reply for implementing/taking the measures as proposed by the State Board, were not acceptable to the State Board and accordingly a meeting was convened on 28.01.2020 between the State Board and Officials of M/S KBUNL at the State Board Office at Patna on the issue of timelines proposed by M/S KBUNL. That on the said meeting revised timelines were prepared mutually and M/S KBUNL agreed to implement the said timelines.
6. That in view of the aforesaid, the State Board accepted the reply filed by M/S KBUNL and allowed the request of M/S KBUNL to relinquish M/S KBUNL from imposing 'Environmental Compensation'.
7. That, however, since M/S KBUNL had miserably failed to comply with the Consent conditions; 'Environmental Clearance' conditions; directions of the State Board and also other important compliances required by the Central Government's notification the Chairman of the State Board in discharge of his duties and functions directed M/S KBUNL, vide its letter dated 25.02.2020, to furnish a bank/performance guarantee of Rs. 5 crores to ensure compliance/implementation of the work/measures as per timeline mutually agreed and undertaken by M/S KBUNL vide its letter dated 30.01.2020.
8. That M/S KBUNL vides its letter dated 29.02.2020 requested the State Board to not take bank/performance guarantee. However, the State Board did not find the prayer made by M/S KBUNL justifiable considering the human health at stake and directed the appellant to furnish bank/performance guarantee to ensure that the works are carried out as per the timelines mutually agreed.
9. That to the surprise of the State Board M/S KBUNL made a representation for extending the mutually agreed timelines and vide its letter dated 21.05.2020 and 02.07.2020 submitted a fresh timeline for completion of work.
10. That since M/S KBUNL had not furnished bank/performance guarantee the State Board vide its letter dated 21.08.2020 informed M/S KBUNL that their plea for revised/extended time-line may only be considered after furnishing bank/performance guarantee.
11. That M/S KBUNL submitted bank/performance guarantee and accordingly the revised timelines proposed was accepted.
12. That M/S KBUNL feeling aggrieved by the State Board action of taking bank/performance guarantee filed statutory appeal which came to be registered as Appeal No. 10 of 2020, which was dismissed by the appellate authority.
13. That in view of findings of site visit and earlier action taken by State Board M/S KBUNL has been directed to complete the work and submit an affidavit suggesting time line as to when the work will be completed and in the event of failure to meet the time lines suggested earlier the State Board will forfeit the Bank Guarantee of Rs. 5 crores."
8. Vide order dated 11.07.2022, notice of the present proceedings was ordered to be issued to the Project Proponent- KBUNLrequring the same to file its response/reply within two months; personal appearance of the O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -10- Director (O) NTPC & Chairman, KBUNL and the Member Secretary, Bihar State Pollution Control Board before this Tribunal on 22.09.2022 was ordered and the State PCB was directed to take further remedial action in accordance with law by following due process and to file its further action taken report within two months.
9. In compliance of order dated 11.07.2022, the Member Secretary, SPCB has filed Action Taken Report vide email dated 20.09.2022. The relevant part of the report is reproduced as under:-
"X X X X X
5. That pursuant to passing of the order dated 11.07.2022, the Member Secretary, BSPCB; Board Analyst, BSPCB; Scientific Advisor, BSPCB, visited KBUNL and carried a thorough inspection on 30.07.2022. The findings of the inspection are produced below in tabular form.
Sl Directions Compliance
No. (as on 30.07.2022)
1 Complete the work of Complied.
separation of
process drain and
storm water drain by
31.12.2020;
2. Make effort for Partly complied.
installation of FGD and Stage-I units (2x110 MW) have been de-
low NOx burner in commissioned/retired from 08.09.2021,
both Stage-I & II units by hence non-operational. Therefore, the
31.12.2020 and complete compliance w.r.t. installation of FGD and
the work latest by low NOx burner for Stage-I units are not
30.06.2021; applicable.
The installation of FGD and low NOx
burner are required to ensure
compliance of emission standards for
Thermal Power Plants notified by
MoEF&CC, Govt. of India dated-
07.12.2015, amended vide notification
dated-31.03.2021.
The installation of low NOx burner have
been completed. The installation of FGD
is under progress. The installation of
FGD to be ensured by 31.12.2022 as per
CPCB direction dated-11.12.2017.
The amended MoEF&CC, GoI notification
dated-31.03.2021 permits the category-B Thermal Power Plant (located within 10 Km. radius of non-attainment city-
Muzaffarpur) to comply with the emission norms up to 31.12.2023.
MTPS comes under category B TPP. It is located within 10 Km. from the limits of non- attainment city-Muzaffarpur.
3. Ensure regular and The TPP was using ash pond no. 1 & 2 for O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -11- adequate sprinkling the collection of ash slurry from units of Of water on peripheral Stage-I. These units have been de-
road of commissioned/ retired from ash-dyke upon 08.09.2021 and now not being used for which heavy vehicles collection of ash slurry (wet ash). ply by 31.03.2020; The legacy ash from these ponds are excavated and being used by the NHAI, the identified and awarded agency of TPP.
The peripheral kachcha embankments-
cum-roads of these ash ponds are being used for transportation of ash by the agency.
There is no static/ permanent water sprinkler in and around ash pond no. 1 &
2. However, the unit uses mobile water tankers for sprinkling of water on peripheral roads.
The ash dyke no. 3, an engineered dyke, is being used for wet ash/ash slurry collection with over flow lagoon and Ash Water Recirculation System (AWRS) to reuse the water from ash pond in the TPP.
Water Sprinkling System has been provided on the road existing between pond no. 2 and ash dyke no. 3.
Construction of Water Sprinkling System along with embankments of ash dyke no. 3 was found under progress.
Road connecting NH-28, Kanti to Kothiya Village and passing between ash pond no. 2 and ash dyke no. 3 is presently kachcha. TPP has requested District Planning Officer, Muzaffarpur for construction of PPC road (Pucca road) along with deposit of Rs. 22 lakh as an advance amount. As reported, tender has been floated by the concerned department. The completion of construction of pucca road is expected by March, 2023, as reported.
4 Ensure transportation of Being complied.
fly-ash/soil by covered vehicle with immediate effect;
5. Ensure fencing, Complied.
lighting and adequate Wire fencing with cemented pillars has
security been done around the embankments of
around the ash- ash dyke no. 3.
pond/dyke by the end of Lighting has been done nearby AWRS
30.06.2020; pump house.
Regular watching by the manpower to
ensure security around the ash dyke is
done.
6 Ensure construction of Complied.
toe-drain and Toe-drain and peripheral around the ash
Peripheral drain dyke no. 3 has been constructed.
around ash-
pond/dyke to stop
seepage of water
O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar
-12-
into farmer's field
and also to ensure
the there is no
breach of ash-
pond/dyke in the
rainy season by
30.06.2020;
7 Ensure green belt Plantation has been done in the
around the available space in the plant as well as
peripheral drain of ash- outside near Stage-II ash dyke under
dyke as well as inside and construction at Naryar-Morsanda village
around the plant, between Panapur-Motipur.
wherever In addition of the above, 40,000 trees
space is available have been planted under Jal-Jeevan-
by 31.03.2021; Hariyali Mision, Govt. of Bihar, as
reported.
8. Ensure compliance of the The unit has been regularly submitting
conditions the compliance of the conditions of EC to
Imposed in the this Board as well as MoEF&CC, Govt. of
environmental India & CPCB. The unit has complied the
clearance/CTO and EC conditions except (a) installation of
directions given by silos for collection of dry ash (b)
the Central Pollution commissioning of STP and (c) proper
Control control of fugitive emission
Board and State around the ash pond no. 1 & 2 from
Pollution Control where legacy ash is excavated and
Board; and transported for its use.
The conditions of CTOs are also being
complied except installation of FGD.
The Govt. of India has extended time for
compliance of emission norms for
category-B plant by 31.12.2023.
9 Installation of dry fly ash TPP was in process of installation of
silo. silos (2x900 tone capacity) for collection
of dry fly ash from Stage-II units.
Due to COVID-19 and other contractor's
issues it has not been completed yet.
Piling and foundation works have been
completed.
Presently, unit is collecting dry ash from 4 nos. of buffer hoppers and associated system for its channelization to the users.
10 Rain water Complied.
harvesting The consent of Central Ground Water Authority has been received and scheme has been implemented in plant and township area.
Rain water harvesting system consisting of ground water recharge pits (18 nos. in plant and colony), surface water storage pond (02 nos.) have been implemented.
11 Sewage Treatment Plant The work order for construction of STP
(STP). has been awarded.
Civil work is under progress.
12 Charging of lagoon no. 3 Complied.
(ash dyke) of Stage-I. The pond no 3 of Stage-I, now
engineered ash dyke, is being used for
collecting the wet ash/ash slurry from
Stage-II units.
State-I units has been retired from
08.09.2021
O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar
-13-
13 Charging of ash Ash dyke with over flow lagoon and
dyke of Stage-II. AWRS are still under construction at
Panapur area for Stage-II units.
There are land acquisition issues on part land of ash pipe corridor.
Presently, ash dyke no. 3 constructed for Stage-I, having sufficient area (approx 80 acres) is being used for collecting the ash 14 Raising of Stage-I (pond 1 Not required in view of the retirement of & 2). units I & II of Stage-I. Legacy ash is being utilized from these ponds.
15 Coal handling plant of Complied.
Stage-II. Presently, coal requirement of Stage-II is being catered through existing CPH having adequate dust suppression/ extraction system which includes cyclone at crusher house, pre weighting water sprinkler during coal wagon unloading at wagon tippler, movable water tanker to meet any contingency requirement etc 16 Ash utilization. Complied.
The unit is presently collecting the dry ash from 4 nos. of buffer hoppers and associated system for its channelization to users.
Two nos. dry ash silos having capacity of 900 MT each are still under construction stage.
The ash as slurry is collected in ash dyke no. 3 The legacy ash available in pond no. 1 & 2 is being utilized by the NHAI in construction of roads (NH 527C and NH319).
As reported, the unit has 8 lakh MT legacy ash in pond no. 1 & 2.
The estimated total ash generation is 7.5 lakh MT/ year.
The unit has tie-up with the NHAI for the utilization of 8.3 lakh pond ash from ash pond no. 1 & 2.
The unit utilized ash 105.53% during 2020-21 and 167% during 2021-22.
6. That Earlier, the TPP was using ash pond no. 1 & 2 for the collection of ash slurry from units of Stage-I. These units have been de-commissioned from 08.09.2021. The aforesaid ash ponds are now not being used for collection of ash slurry (wet ash).
7. That the legacy ash from these ponds are excavated and being used by the NHAI, the identified and awarded agency of TPP.
8. That the peripheral kachcha embankments-cum-roads of these ash ponds are being used for transportation of ash by the agency.
9. The Narsanda village is located in the south direction from the ash pond no. 1 & 2 with legacy ash.
10. There was no any discharge from these ponds to any adjoining agricultural land. However, the run- off water O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -14- during rain with ash available on the peripheral kachcha embankments-cum-roads may go to nearby agricultural land.
11. The TPP has a proposal for installation of solar PV plant through its Renewable Energy Department in the ash pond no. 1 & 2 after utilization of available legacy ash/ stabilization/reclamation.."
10. Interim Application No. 225/2022 was filed for modification of order dated 11.07.2022 and exemption of the Director (O) NTPC & Chairman, KBUNL from appearance before this Tribunal which was allowed vide order dated 16.09.2022.
11. Reply has been filed by the Project Proponent vide email dated 07.09.2022. In its reply the project Proponent has submitted para-wise/ issue-wise reply in the following table of the concerns raised by the Joint Committee after site inspection:-
"
"Sl. Factual status as Clarification / Compliance No Per Joint status / Scheduled timeline Committee program to comply directions report submitted to NGT 1 The Fly-Ash Dykes were The fencing is done as a security measure to avoid not fenced any encroachment in the ash dyke. It must be mentioned that during visit of the Joint Committee the fencing work at lagoon 3 was under progress and the same has been completed as of the present date.
As mentioned above, it is pertinent to mention that the total area of Lagoon 1 and 2 is 210 Acres. The Answering Respondent undertakes to complete the work of fencing as directed or recommended in the report by 8 months from the date of the present affidavit. The Answering Respondent further undertakes that the work of fencing shall be done on the same lines as it has been completed for Lagoon 3 as duly observed by the Committee in its recent inspection carried in pursuance to the order dated 11.07.2022 of this Hon'ble Tribunal. 2 Paved roads were WBM road has already been constructed around not constructed & periphery of ash dyke (lagoon 3) as per the vehicles were engineering design of dyke.
in practiceto It is further submitted that Cement Concrete (CC)
travel on the Approach road is already available between
dusty path full of lagoons 1 & 2.
fly-ash on soiled The approach road between lagoon 2 & 3 has
roads. already been envisaged and accordingly an
advance amount of INR 22 Lacs has already been deposited to DPO Muzaffarpur, Govt. of Bihar as the construction of same is a public work that can be done by respective State Authority. The Answering Respondent has requested the State Government Authorities to complete the work O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -15- By 31.03.2023, and the Answering Respondent Undertakes to provide all necessary support and cooperation for the same.
The Answering Respondent while depositing the advance amount has made two communications dated 30.05.2022 and 05.08.2022 respectively requesting for completion of the paved road work.
In addition to above, adequate numbers of water tankers have already been deployed to ensure sprinkling of water on peripheral road to control & mitigate fugitive emission.
True copies of the letters dated 30.05.2022 and 05.08.2022 sent by the Answering Respondent to The District Administration are attached herewith and marked as Annexure R-3 (Colly).
3 Permanent water Permanent pipeline for water sprinkling sprinkling arrangements arrangement around on the approach road on Dykes & around the already laid and permanent water sprinkling soiled roads of Dyke & system is functional. Pond were not The Sprinkler system along the periphery of lagoon established 3 shall be installed by 30.09.2022 (already pipeline has been completed).
Further, the remaining sprinkler system for Lagoon 2 shall be completed by March, 2023. The Sprinkler system on the road between lagoon 2 and 3 is already functional.
Till the time similar arrangement is made for Lagoon 1 like Lagoon 2 and 3, the Answering Respondent has started keeping sufficient number of mobile sprinklers (two in number which are sufficiently catering the need of sprinkling to eliminate fugitive emission) ready pursuant to the inspection by the Committee and further undertakes to keep ready sufficient mobile sprinklers at all the time to keep the peripheral area of Lagoon 1 moist to eliminate any possibility of fugitive emission.
A true copy of the contract/award placed for arrangement of mobile sprinklers with the vendor is attached herewith and marked as Annexure R-4. 4 The loading/unloading of With respect to modality/methodology for lifting vehicle with dry-fly-ash of ash while observing all compliances, Answering instead of wet fly- ash Respondent has created a checkpost directly were found not in under its control and monitoring, where a sub- practice contractor with its staff is duly stationed to AND inspect each and every truck moving out. The sub- Covering of loaded fly- contractor is constantly monitored by two ash and keeping free- executives / employees of the Answering board on the vehicles Respondent from concerned department. These were found not in two officers are regularly inspecting the records, practice. Conducting daily inspections on 2-3 occasions, and further passing necessary orders. The checklist prepared by NTPC Ltd., Kanti (erstwhile KBUNL) is attached that contains all the compliances including free board, covering the ash, lifting only moist ash, sticker, etc. Further, Respondent undertakes to follow this mechanism O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -16- in the best possible way, to avoid any violation and further to ensure that no incident of such unauthorised lifting in violation of norms is taking place. The said mechanism is duly ensuring that no fugitive emission is taking place, and any isolated incident of such dry ash lifting as observed by the Committee shall be strictly dealt by the Answering Respondent. A true copy of the checklist prepared for outwards moving of the vehicles from plant premises is attached herewith and marked as Annexure R-5.
5. The mechanism for With respect to cleaning of tyre, a plan has been washing tyres of the made to create a platform next to the water vehicles going outside sprinkler to ensure that the tyres are cleaned the Dykes and Pond before coming on the road. The sprinkler system have not established would have a constant water supply for cleaning of tyres within the dyke area to avoid any emission. This entire plan including the construction of platform shall be completed within a period of 3 months i.e. 30.11.2022. Till then, a contingency arrangement is made from AWRS pump discharge line within dyke area to clean the tyres before the truck reaches the road.
This is being further strengthened by building a platform.
7 The old canal passing It is submitted that neither there has been nor near the Dyke no - 1, there is any canal in the plant premises owned by was not visible, causing the Answering Respondent. erosion of soil and Lagoon 1 and 2 both contain an AWRS pump discharge of fly-ash house for eventuality of heavy rains to recycle the mixing with rain water water inside the plant. The pumps were installed in April, 2018 with a capacity of 2 X 500 M3 per hour. Lagoon 1 is 150 Acre and Lagoon 2 is 60 Acre, and thus, the pumps are sufficient to move the water in case of heavy rains on rare occasions. The present Ash disposal area /pond is owned by Answering Respondent and no ash is being dumped by Answering Respondent outside designated ash pond area.
In the order dated 11.07.2022, Circle Officer, Kanti, Muzaffarpur has also stated that "it is clear that the NTPC is using his own lands for the storage purpose of fly-ash"
8 Tree plantation It may be noted that green belt is already aroundoutside the soiled available at south side of lagoon-III. Further, on roads not planted and east side of lagoon 3, tree plantation will be done not developed green by 30.11.2022 in available and owned land of belt around the Dykes Answering Respondent. The Answering and Pond Respondent undertakes to plant 300 saplings to aid in afforestation.
"
O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -17-
12. The Project Proponent has submitted relevant factual position with respect to the Action Taken Report submitted by the Joint Committee in furtherance of the order of this Tribunal in following table:-
Sl. Directives Clarification / Compliance No status / Scheduled timeline program to comply directions Fly Ash Dyke (lagoon 3) :
1 Stop activities of The MOEF Notification dated 31.12.2021 directs storage / loading disposal of the current ash as well as legacy ash in /unloading a defined timeframe. Answering Respondent by Transportation of virtue of its MOU with NHAI is ensuring that the fly fly ash from fly ash ash is utilized strictly in compliance with the MOEF Dykes from immediate Notification. Further, as mentioned in preceding effect paragraphs, the Answering Respondent by putting a checkpost through is directly monitoring further compliances such as free board, moist ash, covering, etc., is being ensured through a dedicated team of subcontractor.
or a Construction of fencing Answering Respondent has achieved completion wall around ash dykes of barbed wire fencing around ash dyke (lagoon 3) for safety purpose as of date as mentioned in the preceding paragraphs.
b Establishment of Permanent pipeline for water sprinkling
permanent pipeline arrangement around on the approach road already
For water sprinkling Laid and permanent water sprinkling system is
Arrangement around the functional.
road and fly ash dykes. The Sprinkler system along the periphery of lagoon
3 shall be installed by 30.09.2022 (already pipeline has been completed).
c Construction of WBM road has already been constructed around paved road around periphery of ash dyke (lagoon 3) as per dykes to suppress engineering design of dyke. It is further submitted fugitive emission that Cement Concrete (CC) Approach road is during already available between lagoon 1 & 2. transportation of The approach road between lagoon 2 & 3 has vehicles already been envisaged and accordingly an advance amount of INR 22 Lacs has already been deposited to DPO Muzaffarpur, Gov. of Bihar as the construction of same is a public work that can be done by respective State Authority. The Answering Respondent has requested the State Government Authorities to complete the work by 31.03.2023, and the Answering Respondent undertakes to provide all necessary support and cooperation for the same.
The Answering Respondent while depositing the advance amount has made two communications dated 30.05.2022 and 05.08.2022 respectively requesting for completion of the paved road work. In addition to above, adequate numbers of water tankers have already been deployed to ensure sprinkling of water on peripheral road to control & mitigate fugitive emission.
d Ensure loading & Presently lagoon 3 is under charging condition and
unloading of wet no ash is being lifted / transported for ash
O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar
-18-
fly ash from the utilization.
dykes instead of
dry fly ash
e Ensure to allow the Presently lagoon 3 is under charging condition and
loading of vehicles no ash is being lifted / transported for ash
with free board & utilization.
covering of
materials properly
and after cleaning
tyres before
transportation
outside from the
dykes
f Development of It may be noted that green belt is already available
green belt side by at south side of lagoon-III. As mentioned above, on
side around the east side of lagoon 3, tree plantation will be
dykes. done by 30.11.2022 in available and owned land
of Answering Respondent. The Answering
Respondent undertakes to plant 300 saplings to aid in afforestation.
FLY ASH POND (Lagoon 1 & 2) a Establishment of Permanent pipeline for water sprinkling permanent pipeline for arrangement on the approach road between water sprinkling lagoon 2 & 3 is already laid and permanent water arrangement around the sprinkling system is functional. Movable water road and fly ash ponds tankers have already been deployed to ensure sprinkling of water on peripheral road to control & mitigate fugitive emission.
Further, as mentioned in the preceding paragraphs, the Answering Respondent is getting the sprinkler system functional in the remaining area.
Furthermore, the Answering Respondent has arranged and will continue to arrange sufficient number of mobile sprinklers for Lagoon 1 and 2. b Construction of paved As mentioned in the preceding paragraphs, the road around the pond to Answering Respondent has taken necessary steps Suppress fugitive by depositing the amount to District emission during Administration for construction of road and with a Transportation request to construct the same at the earliest. As mentioned above, the Answering Respondent shall make best efforts to coordinate with the District Administration to get the work completed. c Ensure loading & Answering Respondent by virtue of its MOU with Unloading of wet NHAI is ensuring that the fly ash is utilized strictly fly ash from the in compliance with the MOEF Notification. Further, dykes instead of as mentioned in preceding paragraphs, the dry fly ash Answering Respondent by putting a checkpost is directly monitoring further compliances such as free board, moist ash, covering, etc., is being ensured through a dedicated team of sub-
contractor.
A true copy of the MOU with NHAI for lifting of ash is attached herewith and marked as Annexure R-
6.d Ensure to allow the Answering Respondent by virtue of its MOU with loading of vehicles with NHAI is ensuring that the fly ash is utilized strictly free board & covering of in compliance with the MOEF Notification. Further, Materials properly as mentioned in preceding paragraphs the and after cleaning Answering Respondent is directly monitoring tyres for transportation further compliances such as free board, moist ash, O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -19- covering, etc., with a team of dedicated sub- contractor.
e Development of green There is no land owned around Lagoon 1 and 2 by belt side by side around the Answering Respondent, therefore, the green the road around the belt could not be undertaken around Lagoon 1 and Pond 2.
and In addition Permanent pipeline for water sprinkling to arrangement on the approach road between above directions, lagoon 2 & 3 is already laid and permanent water ensure water sprinkling system is functional. Movable water sprinkling tankers have already been deployed to ensure arrangement in sprinkling of water on peripheral road to control & every 6 Hrs in a day on mitigate fugitive emission.
the road, Further, as mentioned in the preceding
dykes and pond paragraphs, the Answering Respondent is getting
area & ensure the the sprinkler system functional in the remaining
loading, unloading of area.
vehicles will be Furthermore, the Answering Respondent has
conducted with wet arranged and will continue to arrange sufficient
fly ash instead of number of mobile sprinklers for
dry fly ash from Lagoon 1 and 2.
immediate effect.
13. The Project Proponent is directed to take requisite action for disposal of fly ash in accordance with directions of Fly Ash Management and Utilization Mission constituted by this Tribunal vide order dated 18.01.2022 passed in O.A No. 164/2018 titled Ashwani Kumar Dubey vs. Union of India & Ors. by preparing and implementing action plan in accordance with the recommendations made in para no. 15 of the above said order of Joint Committees.
14. It will be appropriate that the Project Proponent creates an (in-
house) Environment Cell, if not already created, having an Expert with qualification and experience in the field of environmental science and forestry/environmental engineering for proper monitoring and evaluation of environmental safeguards on regular basis. We accordingly direct the Project Proponent to take up requisite steps for creation of such an Environment Cell.
15. The Project Proponent shall complete the works within timelines as mentioned in the documents submitted to the State PCB and also in O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -20- the reply filed before this Tribunal. We are of the view that Project Proponent should strictly adhere to timelines for accomplishing the balance works to ensure that no further environmental degradation takes place in the area.
16. The applicants have claimed that due to dumping of fly ash and discharge of effluent in their land no crops could be cultivated there and fruit bearing trees on land near fly ash dyke have also dried.
17. In its reply the Project Proponent has denied the claim of the applicants as to damage caused to their land, crops and fruit bearing trees and the relevant part of its reply is reproduced as under :-
"4.X X X X X X vii. As per the order dated 19.04.2022 of this Hon'ble Tribunal, Joint Committee visited above ash dyke area on 19.05.2022 and found that there is no discharge from lagoon 1 to nearby villager's field as alleged in the complaint made by the Applicants.
viii. It is pertinent to point out that subsequent site visit of Bihar State Pollution Control Board ("BSPCB") officials (Member Secretary, BSPCB & his team) was carried out on 30.07.2022. During above visit also, it was observed that no ash slurry water was found to be going in the nearby fields from the plant of the Answering Respondent."
18. In its Factual and Action Taken Report sent vide email dated 29.06.2022 the Joint Committee observed under the heading Factual Status that there was possibility of scattering and emission of fly-ash outside the Dykes and Pond due to storm and rain water causing damage to environment, soil and the crops of agriculture land. The relevant part of the report is reproduced as under :-
"So, it is possibility & may cause for the scattering & emission of fly-ash outside the, Dykes & Pond due to storm & rain water, damage to environment, soil & the crops of agriculture land. The old canal was not in existence due the soil erosion and discharge of fly- ash during rainy season as stated by the complainants and local villagers."
O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -21-
19. The Joint Committee also recorded statements of the villagers and findings of Departments and the relevant part of the report is again reproduced as under:-
"Villagers Statements:
4. Shri Kari Sah, S/o Chaturbhuj Sah, Kanti, Muzaffarpur:-
The unit is discharging wet-fly-ash through 4 numbers of pipelines, from the south of Dykes. The water comes out from the wet fly-ash of the Dykes and flow on the agriculture land, causing damage to soil and crops of agriculture land.
5. Sri Rajesh Prasad, S/o Late Falli Bhagat Narsanda, Muzaffarpur:-
The raiyati land in the east side damaged due to mixing with fly- ash during raining season to discharge of fly ash mixing with rain water.
6. Sri Pankaj Kumar, S/o Sro Jay Narayan Chaurasia, Narsanda, Muzaffarpur:-
The Old canal covered with soil and fly -ash mixing with rain water and disappeared its existence. So, discharge of rain water into river or other low land area is not functioning properly, causing water logging on agriculture land and contamination of fertile soil with fly-ash.
Findings of Departments
6. Circle Officer, Kanti, Muzaffarpur:
(Lettter Ref. No. 1091 dated - 16.06.2022) The land outside the fly-ash Dykes in the north side is not using by the NTPC. So, it is clear that the NTPC is using his own lands for the storage purpose of fly-ash.
7. District Husbandry Officer, Muzaffarpur:
(Letter Ref. No: 1209, Dated - 10.06.2022) Trace of fly-ash has been found in some agriculture lands. It may damage to the health of animals in long run.
8. Executive Engineer, Flood Control Division, Muzaffarpur:
(Letter Ref. No. 663, dated:- 09.06.2022) The upper layer of dry fly-ash in the summer season, causing emission fly ash with wind and may spread nearer agriculture land and may contaminate the fertile soil. He suggested that water sprinkling arrangement on ash Dykes shall be provided to minimize the emission of fly-ash. Water may be used for sprinkling from the River Budhi Gandak. This river is situated only 1.0 KM from the Dykes.
9. District Fishery Officer, Muzaffarpur:
(Letter Ref. No. 624, dated 09.06.2022) O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -22- The ponds of fishery are 1.0 KM away from the said Fly- ash Dykes. So, there is no damage to fisheries due to emission of fly-ash.
10. District Agriculture Officer, Muzaffarpur:
(Letter Ref. No. 624, Dated 09.06.2022) The water logging in the agriculture lands are due to rain water in the season and may damage to crops and orchard. The crops and orchard have not been seen healthy in this area due to emission of fly-ash and rain water flow mixing with fly ash and water logging during the rainy season".
20. In Action Taken Report sent vide email dated 20.09.2022, the Member Secretary, BSPCB; Board Analyst, BSPCB; Scientific Advisor, BSPCB have observed as under:-
"there was no any discharge from these ponds to any adjoining agricultural land. However, the run- off water during rain with ash available on the peripheral kachcha embankments-cum-roads may go to nearby agricultural land."
21. It is evident from the extracts of the reports received vide email dated 29.06.2022 and 20.09.2022 that both the findings in the reports clearly acknowledge the possibility of the scattering and emission of fly-
ash outside the Dykes and Pond due to storm and rain water, causing damage to soil and agricultural crops and also do not completely negate or refute the claim of the applicants .
22. In the facts and circumstances of the case we consider it appropriate to constitute a Committee comprising of (i) representative of the Secretary, Agriculture Department, Govt. of Bihar (ii) representative of Secretary, PHED, Govt. of Bihar (iii) representative of State PCB (iv) the Circle Officer, Kanti, Muzaffarpur, (v) the District Agriculture Officer, Muzaffarpur (vi) the Collector, Muzaffarpur and direct the same to undertake visits to the site, associate the applicants and representative of the Project Proponent, make appropriate inquiry for verification of facts, record the relevant evidence as may be available/produced and O.A No. 181/2022 Dinesh Prasad Chaurasia & Ors. Vs. State of Bihar -23- submit a report as to (i) whether the scattering and emission of fly-ash outside the Dykes and Pond due to storm and rain water caused degradation of the soil, damage to agricultural crops and fruit bearing trees; (ii) whether any loss has been suffered by the applicants or any other farmer or resident of nearby village and if so, what is the quantum of such loss; and (iii) whether the Project Proponent is liable to pay any compensation, if so to whom and how much. For the purpose of proper assessment of the loss due to damage of agricultural and horticultural crops, the Committee may obtain statistical information regarding average yield in the affected adjoining land and average yield from unaffected land in the vicinity and may associate any expert from any Agricultural University in the State if so considered necessary. The State PCB will be the Nodal Agency for co-ordination and compliance and necessary expenses will be borne by the same. The report may be submitted within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
23. List for further consideration on 05.01.2023.
24. A copy of this order be forwarded to (i) the Secretary, Agriculture Department, Govt. of Bihar (ii) the Secretary, PHED, Govt. of Bihar (iii) the Member Secretary, Bihar State Pollution Control Board (iv) the Circle Officer, Kanti, Muzaffarpur, (v) the District Agriculture Officer, Muzaffarpur (vi) the Collector, Muzaffarpur and (vii) the Project Proponent- by Email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September, 22, 2022 AG