National Green Tribunal
Anurag Sharma vs State Of Uttar Pradesh & Anr on 22 November, 2024
Item No.07 Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 725/2022
(IA NO 598/2024)
Anurag Sharma Applicant
Versus
State of Uttar Pradesh & Anr. Respondent(s)
Date of hearing: 22.11.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None
Applicant in Person in I.A. No. 598 of 2024
Respondents: Mr. Gi. Gi. C. George (through VC) and Mr. Sunil Kumar, Advocates for
State of U.P.
Mr. Alok Agarwal, Mr. Sanjeev Kumar Singh, Mr. Devansh Shekhar and
Mr. Shashwat Nath, Advocates for Respondent No. 2 LPGCL
Mr. Naveen Kumar and Ms. Aprajita Bhardwaj, Advocate for MoEF and
CC (through VC)
Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for UPPCB
(through VC)
Ms. Shaima Masood Proxy Counsel for Mr. Amit Singh Chauhan,
Advocate
for CPCB (through VC)
ORDER
1. IA No. 598/2024: This is an application filed by Mohar Singh Yadav, Advocate seeking impleadment/permission to intervene in present proceedings to raise following grounds:-
(a) illegal activities of Project Proponent, including air pollution, waste mismanagement, etc., have caused extensive environmental degradation and adversely impacted community.1
(b) applicant is directly affected by actions of LPGCL project. which have caused significant environmental damage and public health concerns in surrounding areas.
(c) Continuous dumping of fly ash on agricultural lands violates rights of local farmers to a clean and healthy environment.
(d) frequent accidents and destruction of village roads due to heavy vehicular movement have made it unsafe for residents.
(e) lack of CSR activities shows project proponent's disregard for their social responsibilities and commitments to local community.
(f) Applicant possesses relevant evidence, including which substantiates claims made in O.A. and can assist Hon'ble Tribunal in arriving at a just and fair decision.
(g) Applicant has a direct and substantial interest in matter. having consistently opposed illegal activities of Project Proponent for over a decade. Applicant's participation will ensure that all aspects of environmental violations are comprehensively addressed.
2. We find that proceedings in present matter have been initiated on a later petition exercising suo moto jurisdiction. Complaint is confined only with regard to improper handling of fly ash by respondent 2. Applicant seeking impleadment is intending to raise some other aspects also and if that is so, scope of hearing of this matter at instance of such applicant cannot be extended when matter is proceeding in view of exercise of suo moto jurisdiction and it is always open to applicant to file Original Application and approach Tribunal in appropriate manner in accordance with rules raising his grievance and placing all materials before Tribunal, hence, this IA is rejected.
23. Original Application: This Original Application was registered on letter petition. It was complained that agriculture crop in area of village Mirchwara and Burogaon in District Lalitpur, Uttar Pradesh is being damaged due to unscientific management and disposal of fly ash emitted by 3 X 660 MW Thermal Power Plant, established at Lalitpur, Uttar Pradesh, being operated by M/s Bajaj Power Generation Company Ltd.
4. Project proponent put in appearance on next date i.e., 20.12.2022.
It was brought on record that project proponent company is registered as "Lalitpur Power Generation Company Ltd". and not as "Bajaj Power Generation Company Ltd". A reply was also filed vide email dated 17.12.2022. After examining stand taken by Project proponent that it is disposing of 100% fly ash as per prescribed procedure, Tribunal noticed that monthly statement of ash generation and utilization filed by project proponent along with reply shows that substantial part was being used in reclamation of low lying areas. However, particulars of low lying areas which were reclaimed by utilization of fly Ash were not mentioned, though particulars of such land, Tribunal found was necessary to find out efficacy of utilization of fly ash utilization and its impact on environment.
5. Tribunal also observed that during period of 01.04.2019 to 31.03.2020, part of fly ash was utilized in making of fly ash bricks /blocks/tiles etc., but during period from 01.04.2020 to 31.03.2021 and 01.04.2021 to 31.03.2022, there was no utilization of fly ash in making fly ash bricks/blocks/tiles etc., and reason for this non utilization needed to be ascertained.
6. Tribunal observed that question as to existence/development of industries manufacturing fly Ash bricks/blocks/tiles etc., in area also needs consideration for long term sustainability of fly Ash utilization 3 program. It was also observed that Respondent 2 i.e., Project Proponent has also not mentioned anything about legacy fly ash.
7. Consequently, Tribunal gave further time to project proponent to submit affidavit/reply covering all aspects.
8. Besides, this Tribunal also found it appropriate to constitute a Joint Committee for submitting factual report comprising representatives of Central Pollution Control Board (CPCB), Uttar Pradesh Pollution Control Board (UPPCB), Regional Office-Ministry of Environment Forest and Climate Change (MoEF&CC) at Lucknow, Deputy Conservator of Forest, Jhansi and District Magistrate- Lalitpur, U.P. with a direction to Committee to visit to site, collect relevant information along with EC/Consent Conditions and environmental norms and submit report.
9. Pursuant to order dated 20.12.2022, Joint Committee submitted report dated 04.02.2023 stating that Lalitpur Power Generation Company Ltd is a subsidiary of Bajaj Group located at District Lalitpur (near Jhansi, State of U.P). It is a super critical thermal power plant having installed capacity of 3X660 MW i.e., 1980 MW. Unit 1 of project commenced operation on commercial basis on 01.10.2025, Unit 2 on 14.10.2016 and Unit 3 on 23.12.2016. Coal is used as fuel at project for production of power. Ash is generated as bottom ash and fly ash during process of production of electricity by using coal as fuel. Proponent i.e. Lalitpur Power Generation Company Limited (hereinafter referred to as 'LPGCL') authorized M/s Ashtech (lndia) Pvt. Ltd. for transportation of fly ash and bottom ash. In case of low demand of fly ash/bottom ash, same is being dumped in ash dykes. LPGCL has also started to dispose of bottom ash in low lying areas as well as selling it to local Contractor for embankment and road development activities after due approval from local relevant agencies.
4Impact of disposal of ash in the manner above, as per complaint, was sought to be examined by Joint Committee by collecting information from some villagers. Details are given in Joint Committee report and with regard to other aspects also, observations and recommendations have been mentioned. Relevant observations and recommendations of Joint Committee are reproduced as under:-
"Observations: -
Lalitpur Power Generation Co Ltd (3 x 660 MW), a subsidiary of Bajaj Group is located in Lalitpur district (Near Jhansi-U.P.) hereinafter referred as unit. It is a Supercritical Thermal Power Plant of our country equipped with modern technologies and advanced automatic monitoring & control with high-efficiency ESP control to help country reduce its carbon footprint. full capacity of plant is 3X660 MW i.e., 1980 MW and works on supercritical technology with high efficiency to consume less coal for production of one unit of electricity. dates of Commercial operation of respective units are Unit 1: 1st October 2015. Unit 2: 14th October 2016 and Unit 3: 23rd December 2016.
Coal is used as fuel for production of power, ash generated as bottom ash and fly ash. unit has authorized to M/s Ashtech (India) Pvt. Ltd. for transportation of fly ash and bottom ash Annexure-2. In case of low demand of fly ash/bottom ash ash is being dumped in ash dykes. Unit has started to disposed off bottom ash in low lying areas as well as selling it to local contractor for embankment and road development activities after due approvals form local relevant agencies. Agreement of sell and transportation is enclosed as Annexure-3. transporter is using bulker and railway racks for shipment of fly ash to cement plant.
M/s Lalitpur Power Generation Co. Limited has started dumping of bottom ash on low-lying areas with prior approvals form local administration / SPCB after characterization of bottom ash and its impact on soil as well as ground water quality. test reports are annexed as Annexure-4 for reference.
Considering complaint raised by complainant committee member visited area concerned on 19.01.2023 to verify factual status at village Mirchwara and village Buregaon, post Buregaon, under block Bar and Tahseel Mehrauni, Lalitpur, and discussed matter related to impact of air pollution on their health as well as on their cattle, with local residents. List of residents with their opinion are tabulated as under for reference. Following information were collected from villagers of Mirchwara & Buregaon:5
Table: I List of residents with their opinion S.N. Name Villagers' Health status of the Health Status of crop of name/ villagers / resident status of due to TPP village Resident name due to TPP the & occupation animals due to TPP
1. Sri Ram S/o No side impact on --- Less cropdue to Sri Kailash: health due the TPP seasonalvariation Farmer this year
2. Sri. Jitendra No side impact on --- Good crop S/0 health due the TPP Ramrath Pal Singh Farmer
3. Good No change Smt. Radha No side impact on W/o Gayasee health due the TPP
4. Smt. Rageni No side impact on Good No change W/0 health due the TPP Sri Rahul Farmer
5. 5. Mirch Sri No side impact on Good Good crop .
wara Raghvendra health due the TPP
Singh S/O
Chandrabhan
Singh
6. 6. Smt. Jyoti No side impact on Good Good crop
Raja health due the TPP
W/0 Sri
Rahul
7. Sri. Asau. age No side impact on Good Good corp
Working
70 in health due the TPP
the
TPP
years S/0 Sri
Kunji,
8. Sri. Rajaram No side impact on Good No change
health due the TPP
Goswami S/0
Her
9. Govind
Sri Ram Ash spillage on road by No comments on
Sahai, age. TPP. Ash dump by TPP corp production
75 in low
age. 46 years
_years
S/0
10. Sri Sandeep -- No comments shared
Chandan Lal Ash spillage on road on crop production
Buregaon Kataria by TPP. Ash dump. by
lying area TPP in low lying area
11. Sri Ram The roadside drain --- No comments on
Naresh was damaged due to Corp
the factory dumper
Raikwar. age being hit. Sri Ram
26
NareshRaikwar want
years S/0 Sri repairing of damaged
Candu drain.
6
Air Pollution (Ambient Air Quality & Flue gas emission):
The unit has installed the four online continuous ambient air quality monitoring station at Admin Area, Hostel Area, nursery section and coal handing plant for the monitoring of the ambient air quality thought out the year. List of the CAAQM Station and concentration of pollution are attached as Annexure-S. To ascertain the factual position of the complaint ambient air quality at two village at Buregaon and Mirchwara has been got monitored by the joint committee during visit for 24 hr. The present data collected by the unit which was monitored by CAAQMS at four locations also compiled. The ambient air quality monitored by SPCB during visit was in order of 93.26 ppm and 82.95 ppm at Buregaon and Mirchwara respectively which is well below the prescribe standard.
CAAQMS installed at Hostel area, Nursery area, admin block and Coal Handling Plant (CHP) with minimum concentration of 46.87, 35.5. 41.45 and 38.63 ppm respectively and maximum concentration 87.99, 73.99, 90.95 and 89.68 ppm respectively. The concertation of the PM10 recorded by CAAQMS found well below the prescribe the limit of Ambient air quality standard.
Further the UPPCB has got monitored the flue gas emission for the particulate matter of two operational unit. The PM concentration in the flue gas was found in order 01'38.80 and 41.20 mg N/m3 from the unit I & II respectively against the permissible limit of 50 mg N/m3. The unit has also installed the Online Continuous Emission Monitoring System (OCEMS) for the monitoring of flue gas emission which is connected with the CPCB and UPPCB server which also shows the compliance status of the unit with prescribe. The data and Location of online ambient air quality monitoring station at M/s LPGCL Lalitpur is annexed as Anneure-6.
Impact on human Health and cattle:
Regarding the health issues raised by the compliant joint committee has visited the referenced village and interacted with the local resident. As such no significant issues regarding the health have been intimated/shared by the local villagers / resident during visit. This has been further verified with the Primary Health Care Centre (PHC), they also endorsed that no Pneumococcal Disease/ Health hazard reported due to impact of the air pollution in this area. Certificate obtained from the PFIC is annexed as Annexure-7 for reference.
Impact on cattle:
Regarding the health issues raised by the compliant joint committee has visited the referenced village and interacted with the local resident. As such no significant issues regarding the impact on cattle health have been intimated/shared by the local villagers / resident during visit. This has been further verified with the office .of the Chief Veterinary Officer Lalitpur, they also endorsed that no Health hazard reported on cattle due to impact of the air 7 pollution in this area. Certificate obtained from the Chief Veterinary Officer Lalitpur is annexed as Annexure-8 for reference.
Impact on the Agriculture activity due to Air Pollution: -
In this regard the joint committee visited the village Mirchwara and Buregaon in district Lalitpur UP and interacted with the villagers / farmer as well as discussed with Zila Krishi Adhikari, Lalitpur, UP. It was told by the villagers of different age groups that as such no conclusive pattern observed by them since last five years about the damage / adverse impact on the different crop being harvested by them. It was further verified with the District Agriculture Officer, Lalitpur, he also endorsed that no complaint for the adverse impact on the productivity of crops received by them. Endorsement received from District Agriculture Officer annexed as Annexure-9.
Fly Ash utilization/Dumping:
M/s Lalitpur Power Generation Co. Limited has obtained total three CTE for disposal of fly ash in low lying area and reclamation of low lying area vide letter no 153971/UPPCB/Jhansi (UPPCBRO)/CTE/LALITPUR/2022 dated 18.05.2022 with the validity of 06.05.2022 to 31.12.2026. The unit has total three ash dykes having area of 15,33,000 m3 for the disposal of ash Annexure-
10. The dyke number three has completely filled with ash. Whereas other two dykes are still having capacity more than 50% of ash disposal. Attached as M/s LPGCL is dumping the ash in specified permitted site to reclaim the agriculture land as per CTE have been issued to them. List of the ash disposal site has been provided by the firm is annexed as Annexure-11 for reference. One of the sites i.e., Mirchwara (Sobaran Singh village Mirchwara Khasra No 982 Mi area 0.607 Hectare). which has been used for reclaiming the agricultural .land has been visited by the joint committee to verify the facts. It was found that the land has been reclaimed and covering of the ash with soil cover was in progress. (Photograph) Apart from this the ash was also used for the making of roads near the plant area. Unit has also informed that they also sending their ash to cement industry to making cement from their ash. The fly ash also being used for making bricks/ blocks/ tiles in nearby area. The
0. A. NO. 725/2022 "Amway Sharma Vs. State of U.P. & Anr." invoice regarding to disposal of the fly ash and authorization of the vendor is annexed as A nnexure-2.
The unit has informed that during the period of 01.04.2020 to 31.03.2021 and 01.04.2021 to 31.03.2022, total 1743024.2 MT and 1885548.852 MT of ash utilized respectively for cement manufacturing bricks making road making and dumping into the lowlying area with cumulative utilization of 97.6 and 95.8 % respectively Annexure-12. The unit has also submitted the ash utilization certificate for the FY 2022-23 that unit has 96.7% utilized the ash. Declaration attached as Annexure-13.
8It seems regarding the legacy waste the unit is planning to disposed off in low lying area as per the CTE they obtained. In case of low demand or no demand it is informed by the representative of the unit that they are using their captive as disposal site.
The Uttar Pradesh pollution control has renewed the Consolidated Consent and Authorization (CCA) under section 25 of Water Act, 1974 and under section 21 of Air Act, 1981 to M/s LPGCL, after due inspection for verification of the compliances of environmental norms. The verification of the compliance condition carried out by the RO UPPCB Jhansi is annexed as Annexure-14.
The compliance status of Environmental Clearance submitted by the project proponent for the duration of April 2022 to September 2022 has been scrutinize by representative of MoEF&CC and found all the conditions in order as per the requirement. The copy of the six-monthly compliance report is annexed as Annexure-I 5 for reference.
Recommendation(s): -
The industry needs to be directed to comply the followings:
1. M/s LPGCL must ensure the compliance of conditions mentioned in the Consent to Establish (CIE), Consolidated Consent and Authorization (CCA) issued to unit.
2. The unit should ensure the compliance of conditions stipulated in the Environmental Clearance.
3. The unit must get periodically monitor the ground water quality and soil characteristics around dump yard for evaluation of impact and submit report to Regional Office SPCB on quarterly basis.
4. The project proponent must take preventive care for control of fugitive emission, area source emission and line source emission while transporting and reclaiming the agriculture land.
5. The project proponent must reclaim the land as per the conditions and area permitted in their CTE.
6. The project proponent must comply with the notifications issued regarding the fly ash utilization and submit report to Regional Office SPCB on quarterly basis."
10. While considering matter on 27.04.2023, Tribunal found it appropriate to implead Ministry of Environment, Forest and Climate Change (hereinafter referred to as 'MoEF&CC') and UP Pollution Control Board (hereinafter referred to as 'ÚPPCB') as respondents 3 and 4 in the light of observations made in Joint Committee Report and notices were issued to newly impleaded respondents.
911. Pursuant thereto, UPPCB through Regional Officer, Jhansi submitted compliance report dated 07.08.2023 which is virtually a reproduction of observations and recommendations made in Joint Committee report dated 04.02.2023.
12. Matter was again examined by Tribunal on 09.11.2023 and during course of arguments, certain enquiries were made in respect whereof adequate facts were not on record. Hence, respondent 2 i.e. LPGCL was permitted to file an additional affidavit.
13. Pursuant thereto, additional affidavit dated 10.02.2024 has been filed by respondent 2 giving reply to various queries raised during course of hearing by Tribunal in para 5 to 9, as under:-
"5. That this Hon'ble Tribunal vide its aforesaid order dated 09.11.2023 had raised the query with regards to the place where the plantation has been carried out. In view of the aforesaid query the Respondent No.2/ LPGCL most humbly submits that around 3,49,261 trees with a survival rate of 90% have been planted/saved by the Respondent No.2/LPGCL till date, which attributes to total area of 343 acres (138.8 Hectares) under green belt, which complies with 2500 per hectare and 80% survival rate conditions of the EC. It is further submitted that by using native species, Respondent No.2/LPGCL has planted three tiers of plantations in and out of the plant area as notified for the row avenues said purpose, including two and three alongside roadways. Thus the, Respondent No.2/LPGCL is fully complying to the EC conditions with regards to the greenbelt at its Unit at Lalitpur, UP. A true copy of the sitemap of the plant of the Respondent No.2/LPGCL demarcating areas where these 3,49,261 trees have been planted is being annexed herewith and marked as ANNEXURE-A-1.
A copy of the photos depicting three tier green belt in and around the LPGCL Plant and its periphery is being annexed herewith and marked as ANNEXURE-A-2.10
A CD showing green belt in periphery of the LPGCL Plant is being annexed herewith and marked as ANNEXURE-A-3.
6. That the Hon'ble Tribunal had further raised query. regarding the expenses incurred on CER/CSR activities after 2017 by the Respondent No.2/LPGCL, in view of the same it is humbly submitted that that the Respondent No. 2/LPGCL funds the Corporate Social Responsibility (CSR) and Corporate Environmental Responsibility (CER) through the "Kamalnayan Jamnalal Bajaj Foundation," which has incurred Rs. 8,71,30,410/- (Rupees Eight Crore Seventy-One Lakh Thirty Thousand Four Hundred Ten only) on CER/CSR from 2017 onwards in the area of water resource development, sustainable agriculture development, women empowerment, infrastructure development, community mobilization and also under Wadi project in collaboration with NABARD. A true copy of the expenditure done by the Respondent No.2/LPGCL for CSR/CER from the year 2017 onwards is being annexed herewith and marked as ANNEXURE-A-4.
A pictorial presentation of the expenditure done by the Respondent No.2/LPGCL under various heads in terms of CSR/CER is being annexed herewith and marked as ANNEXURE-A-5.
7. It was further observed by the Hon'ble Tribunal there was no mention about the quantity of fly ash and bottom ash lying in the ash dyke. In view of the same it is humbly submitted that the quantity of the unused fly ash and bottom ash left in the ash dyke is very dynamic because of its round the clock gainful utilization. That the quantity of fly ash lying in the ash dyke is submitted to the statutory authorities like Central Electricity Authority (CEA) on a half yearly basis. A copy of the report for the tenure April, 2023 to September, 2023 regarding quantity of fly ash in the ash dyke is being annexed herewith and marked as ANNEXURE-A-6(colly).
8. That the Hon'ble Tribunal further observed that the aspect of disposal of fly ash for filling in low lying areas also require proper scrutiny. In view of the same it is most respectfully submitted that the low-lying areas which have been reclaimed by utilization of fly ash are the low-lying areas/ voids on villagers owned lands located near the power plant in Lalitpur district and requires to be filled and levelled on 11 the individual request of the landowners. The said requests. for filling the voids or low-lying areas are taken on stamp paper from the farmers before starting the filling of these. lands with ash and then its levelled and earth capped with a thick layer of fertile soil. That the filling of ash in low lying areas is done by the Respondent No.2/LPGCL as per the procedures set by the Central Pollution Control Board. That the procedures laid down by the CPCB for filling low lying area is as follows:
Land identification for ash disposal/ request letter from beneficiary.
↓ Consent letter from Gram Pradhan.
↓ Agreement between the beneficiary and the ash disposal agency.
↓ Obtaining NOC from UPPCВ.
↓ Ash filling in low lying area.
↓ Then soil capping and compaction of the filled area.
Sample copies of such low-lying area filling request, consent from Gram Pradhan, consent letter UPPCB, agreement between the beneficiary and the ash disposal agency are being annexed herewith and marked as ANNEXURE-A-7 (Colly). It would be pertinent to mention that prior permission is taken from the office of the District Magistrate, Lalitpur for filling low lying areas. A copy of the letter from the office of the District Magistrate, Lalitpur addressed to the Respondent No.2/LPGCL granting permission to fill low lying areas is being annexed herewith. and marked as ANNEXURE-A-8.
9. It would be pertinent to mention here that pursuant to the financial year 2019-2020 most of the fly ash was utilized by the Cement industries and the bottom ash for filling low- lying areas/void lands. In order to increase the further utilization, the dispatch of fly ash has started through rail rake from November, 2020 and till March, 2022 almost 421 of fly ash rail rakes and bulkers were dispatched to different. cement industries. It is further submitted that there is 100% fly ash utilization by the Respondent No.2/LPGCL. A copy of the details of the utilization of fly ash for cement manufacturing submitted to Central Electricity Authority is being annexed herewith and marked as ANNEXURE-A-9."
14. UPPCB has also filed compliance report dated 12.02.2024 in reference to Tribunal's order dated 09.11.2023 after visiting site on 12 29.01.2024 and its findings and recommendations contained in the report, reads as under:-
"Maximum fly ash is being dispatched through rail rake and Bulkers in cement Industry and utilized in cement/ cement-based product manufacturing. M/s Lalitpur is dumping the Bottom ash and unutilized fly ash dumped in Ash Pond. It is also being used road construction and other activities. At the end of first quarter total 303403.13 MT of ash available in ash dyke. Copy of Ash disposal detail attached as Annexure-1 M/s Lalitpur is dumping the ash in Low lying area to reclaim it make suitable for agricultural and other purposes as per CTE has been issued to them. Till date LPGCL has granted 4 CTE for disposal of ash in low lying area. Copy of latest CTE-185253/UPPCB/ Jhansi (UPPCBRO) /CTE/LALITPUR/2023 issued on 17.06.2023 is being attached as Annexure-2. Copy of Permission from DM Lalitpur is also attached as Annexure-3 Project proponent has informed that during the first quarter of current FY 202324 total 852479 MT of ash generated out of this 195012 MT is bottom ash. 510314 MT of fly ash utilized in cement manufacturing, brick & other fly ash based industry and 158102 MT of Pond/fly ash utilized in low lying area reclamation. The fly ash/pond ash utilization/disposal is 101% of total ash generated in the first of quarter FY 202324.
The ash disposal sites also visited by the SPCB and found the disposal/reclamation activities as per the guidelines issued in CTE for ash disposal and fly ash notification issued dated 31.12.2021. Farmers /villagers consented for reclamation of their land also found satisfied with disposal/reclamation activities of LPGCL, Lalitpur. Copy of farmers consent also attached as Annexure-4 Recommendation(s):
The industry needs to be directed to comply the following:
1. The TPP unit should ensure the compliance of different conditions stipulated in the environmental clearance.
2. M/s LPGCL must ensure the compliance of conditions mentioned in the consolidated consent and authorization (CCA) issued to unit.13
3. The unit must periodically monitor the ground water quality and soil characteristics around dump yard for evaluation of any adverse impact and take immediate control steps.
4. The project proponent must take preventive care for control of fugitive emission, area source emission and line source emission while transporting and reclaiming the agricultural/barren land.
5. The project proponent must comply with the notification issued by MoEF&CC regarding the fly ash utilization."
15. Vide order dated 15.02.2024, Tribunal found it necessary to require UPPCB to file a further report.
16. Pursuant thereto, compliance report dated 07.02.2024 has been filed by UPPCB which we find is virtually reiteration/ repetition of observations made by Joint Committee in its report dated 04.02.2023.
However, it is said that said observations are in the light of inspection conducted by UPPCB on 01.05.2024. Therefore, we find it appropriate to reproduce the said observations and recommendations as under:-
"In view of complaint made by the residents of village Burogaon and village Mirchwara, Post Burogaon under the Block Bar and Tahsil- Mahrauni, Lalitpur, officials of U.P. Pollution Control Board visited the village Burogaon and Mirchwara and also discussed the matter with local residents. A list of person with whom discussion were made and their opinion is being tabulated for reference. Following information were gathered from villagers.
Table:1 List of the residents/villagers with their opinion S.N. Name of Villager's Health Health Status of Village Name/Resident status of status of Crop due to name & the animals TPP occupation villagers due to TPP Resident due to TPP
1. Mirchwara Sri Nirbhan No side No side Good crop, Singh s/o Sri effect on effect of TPP no effect of Rachhpal health due TPP Singh: Farmer to TPP
2. Mirchwara Sri Rajvendra No side Good Good crop, Singh s/o effect on no effect of Bhagwat Singh; health due TPP Farmer to TPP
3. Mirchwara Sri Narendra No side Good Good crop, Singh s/o effect on no effect of Harnam Singh; health due TPP Farmer to TPP 14
4. Mirchwara Sri Gopal No side Good Good crop, Kushwaha s/o effect on no effect of Komal Farmer health due TPP Kushwaha; to TPP
5. Mirchwara Sri Jitendra No side No side Good crop, Yadav s/o effect on effect of TPP no effect of Sobaran Yadav; health due TPP Farmer to TPP
6. Burogaon Sri Ummed No side No side Good crop, Yadav s/o effect on effect of TPP no effect of Bhagwan Singh; health due TPP Farmer to TPP
7. Burogaon Sri Kartar Singh No side No side Good crop, s/o Rati Ram; effect on effect of TPP no effect of Farmer health due TPP to TPP
8. Burogaon Sri Durg Singh No side No side Good crop, s/o Khalak effect on effect of TPP no effect of Singh: Farmer health due TPP to TPP
9. Burogaon Sri Anurag No side No side Good crop, Goswami s/o effect on effect of TPP no effect of Rajaram health due TPP Goswami; to TPP Farmer
10. Burogaon Sri Sandeep No side No side Good crop, Katare s/o effect on effect of TPP no effect of Sitaram Katare; health due TPP Farmer to TPP Air Pollution (Ambient Air Quality & Flue gas emission):
LPGCL (TPP) has installed four Online continuous ambient air quality monitoring stations (CAAQMS) at Hostel area, Nursery area, admin block and CHP area and the results shows that the minimum concentration of PM10 was 24.20, 16.26, 33.95 and 19.23 microgram/Nm³ respectively and maximum concentration was 94.61, 38.79, 75.41 and 99.18 microgram/Nm³. Concentration of PM 10 found well below the prescribed limit. The data and location of online Ambient Air Quality Monitoring Station at Lalitpur Power Plant is annexed as annexure -1 Impact on cattle:
Based on the discussion made with the resident of village Mirchwara and Burogaon, no adverse effect was reported by villagers/residents. Health of cattle was found physically sound in the villages as per the report of Chief Veterinary Officer, Lalitpur. Certificate provided by Chief Veterinary Officer Lalitpur is annexed as Annexure -2.
Impact on human Health:
Respondent No.4 officials of UPPCB have visited the referenced villages regarding health issues of human being. As per discussion held with villagers, no adverse impact on health was reported by them.
Impact on the Agriculture activity due to Air Pollution: In this regard Respondent no. 4 officials of UPPCB have visited the agriculture fields and interacted with residents/villagers of concerned 15 villages. Villagers have not reported any adverse impact on crop due to Plant (Thermal Power Plant) operation activity in village Mirchwara and Burogaon of District Lalitpur. Villagers have told that no change in yield of agriculture production was seen in last 5-6 years. They also told that availability of ground water has increased due to water conservation activities. Latest Certificate provided by the District Agriculture Officer Lalitpur is annexed as Annexure -3.
Fly Ash utilization/Dumping:
M/s Lalitpur Power Generation Company Limited is transporting maximum fly ash through Rail rake and Bulkers in cement industry and utilized it in manufacturing of cement/ cement based products. It is also being used for road construction and other activities. Rest unutilized fly ash and bottom ash is stored in Ash pond. M/s Lalitpur Power Generation Company Limited is dumping the ash in Low lying area to reclaim it and make it suitable for agricultural and other purposes after taking due approval CTE/CTO from UPPCB. Till date LPGCL has granted 4 CTE for disposal of ash in low lying area. Copy of latest CTE-202744/UPPCB/Jhansi (UPPCBRO)/CTE/LALITPUR/2024 Dated:- 06/03/2024 is being attached as Annexure-4 The Project proponent has informed that during the FY 2023-24 total 29.36 Lac MT ash is generated, out of which 5.76 Lac MT is bottom ash. Unit has utilized 19.09 Lac MT fly ash in cement manufacturing and 10.23 Lac MT of Pond/fly ash utilized in low lying area reclamation. The fly ash/pond ash utilization/disposal is 100.17% of total ash generated in the FY 2023-24.
The ash disposal sites also visited by the officials of UPPCB and found the disposal/reclamation activities as per the guidelines issued by CPCB for ash disposal and fly ash notification dated 31.12.2021 issued by MoEF&CC. Farmers/villagers who have consented for reclaiming there land were fully satisfied with the outcome of disposal/reclamation activities of LPGCL.
Recommendation(s):
The industry needs to be directed to comply the following:
1. The TPP unit should ensure the compliance of different conditions stipulated in the environmental clearance.
2. M/s LPGCL must ensure the compliance of conditions mentioned in the consolidated consent and authorization (CCA) issued to unit.
3. The unit must get the periodically monitor the ground water quality and soil characteristics around dump yard for evaluation of any impact
4. The project proponent must take preventive care for control of fugitive emission, area source emission and line source emission while transporting and reclaiming the agricultural/barren land.
5. The project proponent must comply with the notification issued regarding the fly ash utilization."16
17. An additional affidavit dated 13.05.2024 has also been filed by respondent 3 i.e. Project Proponent in reference to Tribunal's order dated 15.02.2024 wherein details were given regarding generation and disposal of fly ash and bottom ash but information provided was materially deficient regarding proper management of fly ash lying in ash dyke and action plan for proper management and disposal of same. With regard to CSR activities also, information was required by Tribunal vide order dated 15.02.2024.
18. Respondent 2, therefore in its additional affidavit dated 13.05.2024, in reference to above directions, has stated that no fly ash is stored by respondent 2 in ash dykes since 100% is being utilized. Further in para 6, 7, 8 and 9 of additional affidavit, respondent 2 has stated as under:-
"
5. That at unit of the Respondent No.2/LPGCL in the process of power generation, indigenous coal is burned, which leads to the generation of ash. This generated ash has two fractions based on the particle size. The finer ash particle is known as fly ash, and the coarser particle is called bottom ash. The fly ash is collected in dry form using high-efficiency state-of-the-art Electrostatic Precipitators (in short, ESPs), from where it is transferred pneumatically (using air) to the collection siloes. From siloes, fly ash is dispatched through rail rakes and bulkers for its gainful utilization in the cement industry, such as Portland Pozzolana Cement or other usages like Ready Mix Concrete (RMCs) and fly ash brick plants. Whereas the bottom ash collected at the bottom ash hopper located at the base of the boiler furnace, along with the unused fly ash, is sent to ash ponds in wet slurry mode for their temporary storage. The status of fly ash generation and its utilization is as under:
FOR THE PERIOD FY 2015-2016 TO FY 2023-2024:
Total Ash Total Ash Utilization Legacy Ash in Generation Utilization Percentage (MT) Pond (MT) (MT) (MT) 17 14421926 14025226 97.2% 396700 Even the legacy ash in pond is being continuously utilized in low lying area using covered trucks, filling the low-lying area, land levelling, soil capping at the top of the ash, and proper compaction for the further gainful utilization of reclaimed land in agriculture or other activities.
The detailed figures and data relating to ash management and utilization at the unit of the Respondent No.2 is being filed separately and is not being repeated herein for the sake of brevity.
That the ash stored in the ash ponds is further utilized in low-lying area reclamation, road construction, filling, and other activities. That the Central Pollution Control Board has already framed a detailed guideline for the utilization of ash in the reclamation of low- lying areas, which was published by the Ministry of Environment, Forests, and Climate Change (MoEF & CC) in its Office Memorandum dated 28.08.2019. That the Respondent No.2/LPGCL is following the guidelines issued by the MoEF & CC, as stated, for the utilization of ash stored in the ponds for the reclamation of low-lying areas. The process includes obtaining a request letter from the land owner, framing an agreement between the owner and LPGCL, obtaining an NOC from the UP Pollution Control Board, transportation of ash from the pond to the low lying area using covered trucks, filling the low lying area, land levelling, soil capping at the top of the ash, and proper compaction for the further gainful utilization of reclaimed land in agriculture or other activities. The respondent No.2 has adopted detailed ash management process and a note on the same providing the details of the ash management at the unit is being annexed herewith and marked as ANNEXURE-A-1 and the same are not being repeated herein for the sake of brevity.
8. That the Hon'ble Tribunal had further raised query regarding the expenses incurred on CER/CSR activities after 2017 by the Respondent No.2/LPGCL, in view of the same it is humbly submitted that that the Respondent No. 2/LPGCL funds the Corporate Social Responsibility (CSR) and Corporate Environmental Responsibility (CER) through the "Kamalnayan Jamnalal Bajaj Foundation," which has incurred Rs. 8,71,30,410/- (Rupees Eight Crore Seventy-One Lakh Thirty Thousand Four Hundred Ten only) on CER/CSR from 2017 onwards in the area of water resource development, sustainable agriculture development, women empowerment, infrastructure development, community mobilization and also under Wadi project in collaboration with NABARD in the district of Lalitpur. A detailed chart of CSR/CER interventions along with the photographs of the 18 activities carried out under the CSR/CER by the Respondent No.2/LPGCL is being annexed herewith and marked as ANNEXURE-A-2."
19. While hearing the matter on 16.05.2024, Tribunal found that information given by Project Proponent with regard to utilization of fly ash in financial year 2023-24 was foundation of compliance report dated 12.02.2024 submitted by UPPCB but it has not made its own verification.
Therefore, direction was given to UPPCB to get thefacts verified and submit verification report.
20. Consequently, through Regional Officer, Jhansi UPPCB has submitted report dated 07.08.2024 stating that site was visited by officials of UPPCB on 29.07.2024. Details of observations recorded in inspection, are given in para 3 of report as under:-
"i. Details of Fly Ash is as follows:
Project proponent has engaged a specialized agency in fly ash utilization named M/s Ashtech India Pvt Ltd, and they are supplying fly ash to various fly ash utilizing agencies. During the period 01.04.19 to 31.12.2022, details of fly ash utilization in manufacturing of brick/tile, cement industry etc. was asked from project proponent but they could not produce the same as they were not maintaining bifurcated data. After 01.01.2023 onward data is being bifurcated and ash utilized in brick/tiles, cement etc is maintained and same has been verified during the site visit. Details of bifurcated data from 1.01.2023 to 31,03,2024 is attached herewith as Annexure No. 1 of this report.
ii. During site visit, no legacy ash was observed. Project proponent has single ash dyke which is presently operational. During visit Project proponent was directed to provide fly ash to brick/tiles industry in the area as per requirement and maintain data accordingly. Sample copy of cement industry invoice copy is attached herewith as Annexure No. 2 of this report.
iii. Data of fly ash utilization is also verified and found as per the records.
Stock of fly ash shown in records at the end of Month June-2024, physically match with quantity of ash stored in Ash dyke. As per the Project proponent records, 311133 MT of ash stored in Ash dyke, 19 which seems proper during the visit of Ash dyke and noticed that out of three ash dykes, two ash dykes were almost empty and third one partially filled."
21. Ash disposal sites were also visited by officials of UPPCB and it has given its reply in this regard in para 4 as under:-
"4. That it is submitted that in view of prior complaint made regarding adverse impact on health of the residents of village Burogaon and village Mirchwara, Post Burogaon under the Block Bar and Tahseel Mahrauni, Lalitpur, the officials of U.P.P.C.B. have visited the village Burogaon and Mirchwara also and discussed the matter with residents. A list of people with whom discussion has been made and their opinion is being tabulated for reference.
Following information were gathered from villagers.
Table:1 List of the residents/villagers with their opinion Health status Villager's Name of the Health status Status of S & Name of villagers/ of animals N Village crop due to occupation Resident due due to TPP TPP to TPP 1 Smt Guddi Burogaon No side effect No side Good crop, no w/o Kura; on health due effect of TPP effect of TPP Farmer to TPP 2 Shri Rajdulari Burogaon No side effect No side Good crop, no s/o on health due effect of TPP effect of TPP Magana; Farmer to TPP 3 Shri Raju s/o Burogaon No side effect No side effect Good crop, no Sukha; Farmer on health of TPP effect of TPP due to TPP 4 Shri Phool s/o Burogaon No side effect Good Good crop, no Parvat; Farmer on health effect of TPP due to TPP S Shri Ramdayal Burogaon No side effect No side Good crop, no s/o on health due effect of TPP effect of TPP Barjure; Farmer to TPP 6 Shri Santosh Burogaon No side effect No side Good crop, no s/o on health effect of TPP effect of TPP Kura; Farmer due to TPP 7 Durju s/o Dayal Mirchwara No side effect No side Good crop, no Kushwah; on health effect of TPP effect of TPP Farmer due to TPP 8 Shri Devendra Mirchwara No side effect No side Good crop, no Singh s/o Shri on health effect of TPP effect of TPP Jaipal Singh; due to TPP Farmer 9 Mirchwara No side effect Good Good crop, no Shri Satyaveer effect of TPP on health Singh s/o due to TPP Jaihind Singh;
Farmer
20
10 Dinsehpal Mirchwara No side effect No side Good crop, no
Singh s/o on health effect of TPP effect of TPP
Khalak Singh; due to TPP
farmer
11 Santosh s/o Mirchwara No side effect No side Good crop, no
Jalla Kushwah; on health effect of TPP effect of TPP
Farmer due to TPP
12 Jeevan Singh Mirchwara No side effect No side Good crop, no
s/o Kunjal on health effect of TPP effect of TPP
Singh; Farmer due to TPP
13 Mirchwara No side effect Good Good crop, no
Shri Rahul on health due effect of TPP
s/o Shri to TPP
Bhagwat
Singh;
Farmer
14 Shri Mirchwara No side effect Good Good crop, no
Mahipal on health due effect of TPP
Singh s/o to TPP
Takhat
Singh;
Farmer
15 Shri Virendra Mirchwara No side effect No side Good crop, no
s/o on health effect of TPP effect of TPP
Lokendra due to TPP
Singh;
Farmer
The ash disposal sites were also visited by the officials of U.P.P.C.B. and found the disposal/reclamation activities as per the guidelines issued in CTE/CTO for ash disposal and fly ash notification. Farmers /villagers have given their consent for reclamation of their land and were also found satisfied with disposal/reclamation activities of LPGCL.
During inspection the industry was directed to comply the following:
1. Housekeeping around silo area was poor and which may cause fugitive dust emission, so project proponent was directed to strengthen the housekeeping in silo area.
2. M/s LPGCL must ensure the compliance of conditions mentioned in the consolidated consent and authorization (CCA) issued to dispose the ash.
3. The unit must periodically monitor the ground water quality and soil characteristics around dump yard for evaluation of any impact.
4. The project proponent must take preventive care to control fugitive emission, area source emission and line source emission while transporting and reclaiming the agricultural/unarable land.
5. The project proponent must comply with the notification issued regarding the fly ash utilization.
6. Disposal of fly ash in low lying area reclamation should be avoided as it has potential to utilize fly ash in manufacturing of cement, brick/ tiles etc."21
22. Respondent 3 i.e. MoEF&CC filed reply affidavit dated 10.08.2024 sworn by Sh. Pankaj Verma, Scientist 'E', MoEF&CC, Government of India and it gives reference to various orders issued by MoEF&CC, Government of India for disposal of fly ash by Thermal Power Plants and also conditions of Environmental Clearance and Consent and compliance status on the part of respondent 2. Relevant extract of reply as contained in para 4 to 14 reads as under:-
"
4. It is humbly submitted that the Answering Respondent has granted an Environmental Clearance (hereinafter referred to as "EC") to the project 36X660 MW Imported Coal Based Thermal Power Plant at villages Mirchwara and Buraugaon, in Mahroni Taluk, in Lalitpur Distt., in Uttar Pradesh vide letter no. J-13012/118/2009-IA.II (T) dated 31.03.2011. A copy of the EC dated 31.03.2011 is annexed herewith as Annexure-R3/I. Subsequently, two amendments were made in the existing EC vide letter dated 20.05.2014 and 30.05.2016. Copies of the EC dated 20.05.2014 and 30.05.2016 is annexed herewith as Annexure -R3/2 and Annexure -R3/3.
5. It is humbly submitted that the Answering Respondent has been following a set procedure for post-Environmental Clearance Monitoring and Compliance of projects based on the Standard Operating Procedure (hereinafter referred to as "SoP") established vide Office Memorandum dated 25.11.2022. A copy of the Office Memorandum dated 25.11.2022 is annexed herewith as Annexure - 1014.
6. It is further submitted that as per the SoP, the Ministry first seeks an Inspection Report/Certified Compliance Report (hereinafter referred to as "CCR") from the concerned Regional Office (hereinafter referred to as "RO"). Based on the observed non-compliance in the Monitoring Report/CCR, either a Clarification or an Action Taken Report (hereinafter referred to as "ATR") is sought, or in the case of major non-compliance, a Show Cause Notice (hereinafter referred to as "SCN") under Section 5 of the Environment (Protection) Act, 1986 is issued. The ATR or the response to the SCN submitted by the Project Proponent is reviewed by the Ministry before concluding any action in the matter. This may also require an SCN after the ATR and a Personal Hearing. Based on the outcome of the Personal Hearing, if necessary, directions for Compensation/Suspension of Environmental Clearance may be issued.
227. It is humbly submitted that, in pursuance of the above- mentioned SoP, the Answering Respondent has issued a letter dated 15.02.2024 to the Regional Office of the Ministry at Lucknow, requesting them to furnish a factual status report concerning the issues raised in the application, along with a condition wise compliance status report (s) for the ECs associated with this project. A copy of the letter dated 15.02.2024 is annexed herewith as Annexure-R3/5.
8. It is humbly submitted that, the Regional Office of the Ministry at Lucknow submitted the monitoring report vide email dated 23.07.2024. A copy of the monitoring report is annexed herewith as Annexure -R3/6.
9. It is humbly submitted that, upon examination of the monitoring report in the Ministry it was observed that all the conditions mentioned in the ECs issued to the project have been complied/ being complied with/ not applicable except for one condition related to Sulphur and ash. contents in the domestic coal to be used in the project. With respect to the specific condition no. 33 of the EC dated 31.03.2011, which states "Sulphur and ash contents in the domestic coal to be used in the project shall not exceed 0.5% and 33% at any given time. In case of variation of coal quality at any point of time, fresh referenceshall be made to the Ministry for suitable amendments to environmental clearance condition wherever necessary." the RO, Lucknow has noted in its report that the sulphur and ash contents in coal are <0.5% and 35.6% respectively and the amount of ash is higher than the prescribed limit.
10. It is further submitted that with respect to the complaint regarding causing serious health hazards to local/ residents and stray animals due to air pollution the officials from the RO, Lucknow visited the area to verify the factual status of the village of Mirchwara and village Buregaon, post Buregaon, under the block Bar and Tahseel Mehrauni, Lalitpur, and discussed the matter related to impact of air pollution on their health as well as on their cattle, and stray animals due to air pollution. It was observed that no information has been received about any disease in pet animals or any adverse effect on the health of animals due to the waste product ash etc. released from Lalitpur Power Generation Company Limited.
11. It is humbly submitted that based on the observed non- compliance relating to the amount of ash being relatively higher than the prescribed limit (SC-33), the RO, Lucknow issued a letter no. IV/ENV/UP/TH-3//324/2011/91 dated 14.05.2024 to the Project 23 Proponent to take orrective measures to control the generation of high ash content and submit the action taken report to the RO. A copy of the letter dated 14.05.2024 is annexed herewith as Annexure- R3/7.
12. It is humbly submitted that the ATR from the project proponent has been received in the Ministry and a copy of the ATR is annexed herewith as Annexure -- R3/8. Upon examination of the said ATR, it was observed that the Project Proponent has cited a notification No. S. 0. 1561 (E) dated 21.05.2020 that substituted sub-rule (8) of a previous notification no. G.S.R. 02 (E) dated 02.01.2014. A copy of the notification dated 21.05.2020 and 02.01.2014 is annexed herewith as Annexre-R3/9 and Annexre-R3/10.The notification no. G.S.R. 02 (E) dated 02.01.2014, mandated that as per sub-rule (8) referred under para 2 of the notification, "coal based thermal power plants to use raw or blended or beneficiated coal with ash content not exceeding thirty-four percent (34%), on quarterly basis, by the time lines" mentioned therein.
13. It is further submitted that the sub-rule (8) referred under para 2 of the notification dated 02.01.2014, which has been substituted vide notification dated 21.05.2020 states under para 2 of the notification dated 21.05.2020, "(8) Use of coal by Thermal Power Plants, without stipulations as regards ash content or distance, shall be permitted" subject to conditions, mentioned there in. Further, as per para 2(4) of the notification dated 21.05.2020, "This shall also be deemed to be additional conditions of the relevant Environmental Clearances for respective projects for financial year 2020-21 and onwards. The existing Environmental Clearances shall stand modified so as to make e above conditions operative for relevant sectors. The Consent to rate shall be issued by respective State Pollution Control Boards accordingly.
14. It is further submitted that, in view of the above notification, the Project Proponent claimed in his ATR that "the conditions using coal with <34% of ash is now waived off and as a part of auto amendment, this waiver/ amendment is now a part of the Environment Clearance issued to LPGCL." Accordingly, the project proponent shall ensure that the stipulated additional conditions as per the Notification dated 21.05.2020 are complied with."
23. Matter was again heard on 12.08.2024 and during course of arguments, Tribunal found that requisite documents to show appropriate disposal of fly ash in low-lying areas complying with requisite norms and guidelines were not on record. Hence, Project Proponent was granted time to place the same on record.
2424. Pursuant thereto, additional affidavit dated 23.08.2024 has been filed by respondent 2 giving details of compliances made in respect of various Notifications issued by MoEF&CC for disposal of fly ash as well as conditions of EC, Guidelines of Central Pollution Control Board, etc. Relevant extract of reply is reproduced as under:-
"A. MoEF&CC notification dated 14.09.1999 provides for use of fly ash as land fill to reclaim low lying areas (para 3 thereof). A true copy of the notification dated 14.09.1999 issued by the MoEF&CC is being annexed herewith and marked as ANNEXURE-R-1.
B. MoEF&CC notification dated 28.07.2003 prohibits any agency, person or organisation within a radius of 100 KMs of Thermal Power Plant from reclaiming and compacting low lying area with soil. It specifically directs that only pond ash shall be used for compaction (para 2(g) thereof). A true copy of the notification dated 28.07.2003 issued by the MoEF&CC is being annexed herewith and marked as ANNEXURE-R-2.
C. MoEF&CC notification dated 03.11.2009 provides "no agency, person or organisation shall within a radius of 100 km of a coal or lignite based TPP shall undertake or approve or allow reclamation and compaction of low-lying areas with soil; only fly ash shall be used for compaction and reclamation..." (emphasis Supplied. A true copy of the notification dated 03.11.2009 issued by the MoEF&CC is being annexed herewith and marked as ANNEXURE-R-3.
D. The EC dated 31.03.2011, amended EC dated 20.05.2014 and the amended EC dated 30.05.2016 were issued in favour of the Project Proponent. A true copy of the Environment Clearance Certificate dated 31.03.2011 issued by the Ministry of Environment and Forest to the Project Proponent is being annexed herewith and marked as ANNEXURE-R-4. A true copy of the amended EC dated 20.05.2014 issued to the Project Proponent is being annexed herewith and marked as ANNEXURE-R-5. A true copy of the amended EC dated 30.05.2016 issued to the Project Proponent is being annexed herewith and marked as ANNEXURE-R-6.
E. NTPC ash policy dated 10.03.2015 laid down a frame work at Para 14.5 read with Annexure- E and Annexure- 1 and Appendix-1. The said framework laid down the manner and method in which the low- lying area was required to be reclaimed/developed using fly ash. A true copy of the NTPC ash policy dated 10.03.2015 is being annexed herewith and marked as ANNEXURE-R-7.25
F. That CPCB guidelines for disposal/utilization of fly ash dated March, 2019 prescribed a very exhaustive manner (Para 5) in which the fly ash would be used for reclamation of low-lying areas. A true copy of the CPCB guidelines for disposal/utilization of fly ash dated March, 2019 is being annexed herewith and marked as ANNEXURE- R-8.
G. MoEF&CC notification dated 28.08.2019 gave a background of all the earlier fly ash notification issued by MoEF&CC. It also noted that now the guidelines for disposal of fly ash in reclamation of low-lying areas and mines has been prepared by CPCB. The notification further recorded that "...the Ministry hereby stipulates the following condition in the existing environmental clearances of TPP and coal mines which have valid EC accorded by the Ministry/SEIAA, that will replace the existing conditions (specific and general) which prohibited the use of fly ash in abandoned mines, low-lying areas, soil conditioner in agriculture. ...i to xiii..."
A true copy of the notification dated 28.08.2019 issued by the MoEF & CC is being annexed herewith and marked as ANNEXURE-R-9 H. MoEF&CC notification dated 28.08.2019 thus, subsumed all the earlier notifications and the EC conditions and approved the guidelines prepared by CPCB for disposal of fly ash in reclamation of low-lying areas.
I. The Project Proponent has placed before this Hon'ble Tribunal its monthly (aggregated yearly) fly ash generation and utilization regularly being submitted to CEA regularly for the years 2019-20 to 2023-24. A true copy of the chart of month wise ash generation and utilization regularly submitted to Central Electricity Authority for the period 01.04.2019 to 31.03.2020 is being annexed herewith and marked as ANNEXURE-R-10. A true copy of the chart of month wise ash generation and utilization regularly submitted to Central Electricity Authority for the period 1.04.2020 to 31. 03.2021 is being annexed herewith and marked as ANNEXURE-R-11. A true copy of the chart of month wise ash generation and utilization regularly submitted to Central Electricity Authority for the period 01.04.2021 to 31.03.2022 is being annexed herewith and marked as ANNEXURE-R-
12. A true copy of the chart of month wise ash generation and utilization regularly submitted to Central Electricity Authority for the period 01.04.2022 to 31.03.2023 is being annexed herewith and marked as ANNEXURE-R-13. A true copy of the chart of month wise ash generation and utilization regularly submitted to Central Electricity Authority for the period 01.04.2023 to 31.03.2024 is being annexed herewith and marked as ANNEXURE-R-14.
J. The Project Proponent has also placed before this Hon'ble Tribunal a list (year wise) of ash disposal facility/mode of disposal of fly ash at the Thermal Power Plant regularly being submitted to CEA for the 26 years 2019-20 to 2023-24. A true copy of the yearly chart of ash disposal facility/ mode of disposal at the Thermal Power Plant regularly submitted to Central Electricity Authority for the period 01.04.2019 to 31.03.2020 is being annexed herewith and marked as ANNEXURE-R-15. A true copy of the yearly chart of ash disposal facility/ mode of disposal at the Thermal Power Plant regularly submitted to Central Electricity Authority for the period 01.04.2020 to 31.03.2021 is being annexed herewith and marked as ANNEXURE-R-
16. A true copy of the yearly chart of ash disposal facility/ mode of disposal at the Thermal Power Plant regularly submitted to Central Electricity Authority for the period 01.04.2021 to 31.03.2022 is being annexed herewith and marked as ANNEXURE-R-17. A true copy of the yearly chart of ash disposal facility/ mode of disposal at the Thermal Power Plant regularly submitted to Central Electricity Authority for the period 01.04.2022 to 31.03.2023 is being annexed herewith and marked as ANNEXURE-R-18. A true copy of the yearly chart of ash disposal facility/ mode of disposal at the Thermal Power Plant regularly submitted to Central Electricity Authority for the period 01.04.2023 to 31.03.2024 is being annexed herewith and marked as ANNEXURE-R-19.
K. It may be pertinent to note here that ash is being utilized for reclamation of low-lying area for past more than three decades. A CEA report of august 2022 shows that ash utilization has increased from 0.65 million tons in 1998- 99 to 35.57 million tons in 2021-22. A chart showing all India ash utilization in reclamation of low-lying areas in Central Electricity Authority Report of August, 2022 for period of 1998- 99 to 2021-22 is being annexed herewith and marked as ANNEXURE- R-20 L. The Project Proponent has secured specific permission for using fly ash for land reclamation purposes from the Regional Officer, UPPCB under letter dated 19.04.2017 and it has also obtained permission from the Office of the District Magistrate, Lalitpur under letter dated 03.12.2019. It has also obtained CTE from UPPCB from the year 2021 Le., from year when procedure for issuance of CTE began till date. A true copy of the letter dated 03.12.2019 issued by the District Magistrate, Lalitpur is being annexed herewith and marked ANNEXURE-R- 21. A true copy of the letter dated 19.04.2017 issued by the Regional Officer, UPPCB is being annexed herewith and marked an ANNEXURE-R-22. A true copy of the CTE issued to the Project Proponent for the period 14.07.2021 to 13.07.2023 is being annexed herewith and marked as ANNEXURE-R-23, A true copy of the CTE issued to the Project Proponent be the period 06.05.2022 to 31.12.2026 is being annexed herewith and marked as ANNEXURE-R-
24. A true copy of the CTE issued to the Project Proponent for the period 29.12.2022 to 31.12.2024 is being annexed herewith and marked as ANNEXURE-R-25, A true copy of the CTE issued to the Project Proponent for the period 31.05.2023 το 31.12.2024 is being annexed herewith and marked issued ANNEXURE-R-26. A true copy of the CTE 27 to the Project Proponent for the period 21.10.2023 to 31.12.2027 in being annexed herewith and marked as ANNEXURE-R-27. A true copy of the CTE issued to the Project Proponent for the period 01.03.2024 to 28.02.2026 is being annexed herewith and marked as ANNEXURE- R- 28. A true copy of the CTE issued to the Project Proponent for the period 20.06.2004 tο 31.12.2028 is being annexed herewith and marked as ANNEXURE-R-29. A true copy of the chart showing hectarage of land reclaimed using fly ash under CTE permissions is being annexed herewith and marked as ANNEXURE-R-30 M. The Project Proponent has also placed before this Hon'ble Tribunal ground water study reports prepared by the Institute for Resource Analysis and Policy, Hyderabad for the year 2021 to 2024. A true copy ground water study report dated December, 2021 prepared by the Institute for Resource Analysis and Policy, Hyderabad is being annexed herewith and marked ANNEXURE-R-31. A true copy ground water study report dated 31.10.2022 prepared by the Institute for Resource Analysis and Policy, Hyderabad in being annexed herewith and marked as ANNEXURE-R-32. A true on of ground water study report ed 26.09.2023 prepared by the Institute for Resource Analysis and Policy, Hyderabad is being annexed herewith and marked as ANNEXURE-R-33. A true copy ground water study report dated 26.06.2024 prepared by the Institute for Resource Analysis and Policy, Hyderabad is being annexed herewith and marked as ANNEXURE-R- 24 N. The Project Proponent has also placed before this Hon'ble Tribunal the ground water test report for the year 2019 m GOVT OFINO 15 16 2024 of the area in the and around the Thermal Power Plant A true copy of the ground water test report for year 2019 of the eas in and around the Thermal Power Plant obtained by the Project Proponent is being annexed. herewith and marked as ANNEXURE-R-35. A true copy of the ground water test report for year 2020 of the areas in and around the Thermal Power Plant obtained by the Project Proponent is being annexed herewith and marked ANNEXURE-R6 A true copy of the ground water test report for year 2021 of the areas in and around the Thermal Power Plant obtained by the Project Proponent is being annexed herewith and marked ANNEXURE-R 37. A true copy of the ground water teat report for year 2022 of the areas in and around the Thermal Power Plant obtained by the Project Proponent is being annexed herewith and marked as ANNEXURE-R-38. A true copy of the ground water test report for year 2023 of the areas in and around the Thermal Power Plant obtained by the Project Proponent is being annexed herewith and market ANNEXURE-R-39, A true copy of the ground water test report for year 2024 of the areas and around the Thermal Power Plant obtained by the Project Proponent is being annexed herewith and marked as ANNEXURE-R- 40.
O. The Project Proponent has also placed before this Hon ble Tribunal Environmental status information with regard to the agriculture, 28 Fishery, veterinary and impact on general health. A true copy of the letter dated 02.08.2024 issued by the Chief Medical Officer, Lalitpur is being annexed herewith and marked as ANNEXURE-8-41. A true copy of the letter dated 31.07.2024 issued by the Medical Superintendent, Community Health Centre, Lalitpur is being annexed herewith and marked as ANNEXURE-R- 42. A true copy of the letter dated 22.07.2024 issued by the District Magistrate, Lalitpur is being annexure herewith and marked as ANNEXURE-8-43. A true copy of the letter dated 19.07.2024 issued by the Chief Veterinary Officer, Lalitpur being annexed herewith and marked as Annexure R-44 A true copy of the letter dated 19.07.2024 issued by the Assistant Director Fishery, Lalitpur being annexed herewith and marked as Annexure R-
45. P. It is submitted the Project Proponent is in full compliance with the guidelines issued by the CPCB in March, 2019 and all other directions and stipulations as applicable for reclamation of low-lying areas using fly ash.
Q. For ease of comprehension the Project Proponent has enclosed herewith a PowerPoint representation showing process of the land reclamation by using fly ash. The Project proponent haa also given exemplar list of documents used in the said reclamation. A true copy of an exemplar application/request by concerned land owner for reclamation of his low-lying land being annexed herewith and marked as ANNEXURE-R-46, A true copy of an exemplar agreement with the concerned land owner is being annexed herewith and marked as ANNEXURE-R- 47. A true copy of an exemplar declaration/NOC by the Village Panchayat is being annexed herewith and marked ANNEXURE-R-48. A true copy of exemplar khasra/khatauni of the concerned land is being annexed herewith and marked as ANNEXURE-R-49. A PowerPoint representation showing process of land reclamation using ly ash is being annexed herewith and marked ANEKURE-R-50 R. The Project Proponent has also placed before this Hon'ble Tribunal six tabulated charts showing cross referencing of pages in the existing pleadings with respect the following headings: Low-lying area; Legacy fly ash; Fly ash in cement, Fly ash not used in bricks, Tree Plantation; and CSR/CER expenditure. True copies of the tabulated charts showing cross referencing of pages in the existing pleadings with respect to the following headings: Low lying area, Legacy fly ash, Fly ash in cement, Fly ash not used in brickus Tree Plantation; and CSR/CER expenditure is being annexed herewith and marked an ANNEXURE-R-51 (Colly)."
25. During course of argument on 05.09.2024, Tribunal found that documents relied by Project Proponent show restriction on disposal of fly 29 ash in agricultural land/area. Further, Environmental Clearance issued to Proponent in 2011 also prohibits disposal of fly ash in low lying area. On behalf of respondent 2, it was sought to be argued that disposal of fly ash in low lying area was prohibited but reclamation of low lying area by depositing or dumping fly ash was not prohibited but this contention was not accepted by Tribunal. Tribunal however found that verification of low-
lying areas where fly ash has been disposed of is necessary and therefore directed UPPCB to verify the same and submit a factual report. Further for testing of fly ash with regard to its contents in respect of heavy metals, etc. no report was on record and hence, Tribunal directed UPPCB to get relevant test conducted and submit report.
26. UPPCB pursuant to order dated 05.09.2024 filed affidavit dated 08.10.2024 stating that 88 low lying areas were identified and informed by Project Proponent where against 21 were inspected and compliance was found. Relevant extract of affidavit filed on behalf of UPPCB is reproduced as under:-
"2. That Hon'ble NGT has passed order dated 05.09.2024 in O.A. No.- 725/2022 Anurag Sharma Vs State of U.P. & others and as per the order, we, the respondent No.-4 i.e. U.P. Pollution Control Board have been instructed to inspect the site of Respondent No.-2, wherein the fly ash has been disposed after taking details from the project proponent, submit the fly ash test report and also directed to submit a cost of Rs. 25,000/- imposed on respondent 4 by order dated 16.05.2024.
3. That the details have been obtained from the Project Proponent, which covers a total of 88 low lying area, where ash has been disposed. Out of these 88 ash disposal sites, UPPCB officials have randomly inspected 21 ash disposal sites for their due compliances on 30.09.2024. UPPCB officials has also verified the records of the consent letters taken from the landowner and prior consents obtained from the UP Pollution Control Board, for reclamation of sites. (Annexure No.-1)
4. That the list of ash disposal sites visited by UPPCB officials is mentioned below as table-1. At all the visited sites, it was found that 30 the prior consent of landowner and UPPCB was obtained, then the ash was disposed in these low-lying areas and a proper soil covering / capping was done. Gainful activity like house construction, children's playgrounds, cultivation etc were also noticed on these reclaimed sites during the site visit. Photographs of these reclaimed ash disposal sites are also taken during the inspection and the same are attached herewith. (Annexure No.-2).
Table:1 List of ash disposal sites.
List of reclaimed Low-lying area
S.No Father's/ Khata/Gata
Farmer's Guardian No.
Name name village Status
10 Complied
Bamhauri Reclamation and Soil
1 Sri Amar singh Sri Surat Singh sahna Capped
101 Complied
Bamhauri Reclamation
2 Sri Jaipal Singh Sri Natthu sahna Capped and Soil
1724/1 Complied
Sri Raghubeer Reclamation
3 Ramesh kumar Singh Bar Capped and Soil
931,932,933, Complied
Bhaloni Reclamation
4 Sri Vijay singh Sri Sohan Lal Sua Capped and Soil
01404 Complied
Smt Makkhan Reclamation
5 bai Sri Udaybhan Gadiyana Capped and Soil
00597 Complied
Reclamation
6 Sri Bhagirath Sri Mohan Gadiyana Capped and Soil
1836 Complied
Reclamation
7 Smt Leela Raj an Gadyana Capped and Soil
925,926 Complied
Sri Gyasi & Sri Maun Reclamation
8 Othrs Singh Gugarwara Capped and Soil
502 Complied
Reclamation
9 Smt Gyan bai Sri Laxman Ladwari Capped and Soil
892 mi Complied
Sri Sobaran Reclamation
10 Singh Sri Gunthe Mirchwara Capped and Soil
2253 Complied
Sri Virendra Reclamation
11 Singh Sri Mangu Mirchwara Capped and Soil
2421 Complied
Sri Jeevan Sri Kunjan Reclamation
12 Singh Singh Mirchwara Capped and Soil
31
38, 66/2 Complied
Reclamation
13 Smt Rati Sri Kailash Pahari Capped and Soil
Village land N/A Complied
Dane baba ki Reclamation
14 tuiya Panari Panari Capped and Soil
153, 163, Complied
164 Reclamation
15 Smt Rampyari Sri Keshav Das Pulwara Capped and Soil
582/5 Complied
Sri Rajender Sri Ramji Reclamation
16 bl da Chhabra Rajwara Ca;1 and Soil
387/3, 497/2 Complied
Reclamation
17 Smt Kunia Sri Jagua Roda Capped and Soil
27/1 Complied
Shri Ram Reclamation
18 Sri Mukesh sahay Tikrati wari Capped and Soil
19 Sri Bhajan Lal Sri Motilal 1697, 1698, Toria Complied
1699 Reclamation and Soil
Capped
00519 Complied
Sri Indrapal Sri Govind Reclamation and Soil
20 singh Singh Udaypura Capped
219 , Complied
Udaypura Reclamation and Soil
21 Sri Shiv Prasad Sri Pragi Capped
5. That it has been found during the inspection that the ash has been disposed properly in the inarable low lying areas to make them usable for some gainful activities. It has been found that the disposal/reclamation activities have been done as per the Consent and CPCB guidelines-2019 issued for the same. Farmers /villagers, consented for the reclamation of their land, were also found satisfied with disposal/reclamation activities during the inspection.
6. That the samples of fly ash and bottom ash were collected during the inspection on 23.09.2024. As per the analysis report, the metal contents i.e. Lead, Iron and Total chromium were found within the prescribed concentration limits. Fly ash test report is attached herewith. (Annexure No.-3)
7. That as per Hazardous and other waste (Management and Transboundary Movement) Rules 2016 as amended, fly ash, which is a high volume low effect waste is excluded from the category of hazardous wastes.
8. That in compliance of the direction issued by Hon'ble National Green Tribunal, on 16.05.2024, cost imposed on UPPCB of Rs. 25,000.00 has been deposited on 26.09.2024. The details of deposited cost is attached herewith (Annexure No.-4)"32
27. Respondent 2 filed a brief submission dated 18.10.2024 placing its relevant facts of case as under:-
"SHORT SUBMISSION ON BEHALF OF THE RESPONDENT NO.2/LPGCL.
1. That on the last date of hearing dated 14.10.2024 this Hon'ble Tribunal had allowed the Respondent No.2/LPGCL to file short submissions in order to assist this Hon'ble Tribunal.
2. That in the present application the following issues were raised:
i) Legacy fly ash
ii) Fly ash in cement
iii) Fly ash if used in bricks
iv) Tree Plantation
v) CSR/CER
vi) Fly ash being utilized in low lying areas.
3. That with respect to serial No. 1 to 5 the Respondent No. 2/LPGCL had filed affidavits, made submissions and addressed the issues to satisfy this Hon'ble Tribunal.
4. A cross-reference chart with regards to the above issues (serial no. i to vi) may be found on running pages 994 to 999 of the paper book before this Tribunal.
5. That in the order dated 05.09.2024, this Hon'ble Tribunal became concerned with the disposal of fly ash in low lying areas as done by Respondent No. 2/LPGCL and made observation thereto.
6. In order to clarify the stand of the Respondent No. 2/LPGCL the present short submissions are being made.
7. It is humbly submitted that on 14.09.1999, the Ministry of Environment, Forests, and Climate Change (MoEF&CC) issued notification with respect to disposal of fly ash (Running Pg 692- 695 of the paper book). In paragraph No.3 of the said notification fly ash was permitted to be used as land fill to reclaim low lying areas.
8. On 27.08.2003 another notification was issued by MoEF&CC with respect to disposal of fly ash (Running Pg 696-702 of the paper book). At paragraph No. 7 of the said notification, it was specified that within a radius of 100 kms of a thermal power plant reclamation and compaction of low-lying area shall be done by fly ash (pond ash) and not by soil.
9. On 03.11.2009 MoEF&CC issued another notification with respect to disposal of fly ash (Running Pg 703-713 of the paper book). At paragraph No. 5 it was reiterated that only fly ash shall be used within 100kms of Thermal Power Plants for reclamation and compaction of low-lying areas and not soil.33
10. On 31.03.2011 Environmental Clearance was issued in favour of the Thermal Power Plant project of the Respondent No. 2/LPGCL.
One of the conditions being condition No. XX specified that no ash shall be disposed of in low lying area.
11. The said condition No. XX of the Environmental Clearance as such was discordant to the mandate of the aforesaid Fly ash notifications of the year 1999, 2009 & 2022 issued by MoEF &CC. As such there was a disquiet,
12. Pertinently, MoEF&CC was called upon by an expert committee to revisit the conditions stipulated in the existing Environmental Clearances of Thermal Power Plants with respect to fly ash utilization and modify them in consonance with fly ash notifications.
13. Hence, on 28.08.2019 MoEF&CC issued a change in conditions stipulated in the Environmental Clearance of Thermal Power Plants in line with Fly ash notification and subsequent amendments. A reading of the same would show that the existing conditions in the Environmental Clearance which prohibited the Thermal Power Plants from using fly ash in low lying areas/abandoned mines/soil conditioners in agriculture were done away with.
14. Therefore, the objectives of the Fly ash notifications for the year 1999 and its amendment were given effect to. Accordingly, the R2/LPGCL stood allowed to use fly ash for reclamation of low- lying areas.
15. This permitted usage of fly ash by any Thermal Power Plants for reclamation of low-lying areas was well understood and accepted by all project proponents; MoEF&CC; Ministry of Power Central Electricity Authority; respective State Pollution Control Boards and Central Pollution Control Boards. A six-monthly Environmental Clearnce compliance and monthly abstract of ash generation and utilization was regularly sent to the statutory bodies showing fly ash utilization in reclamation of low-lying areas as well its usage in other modes.
16. Further, a report dated August, 2022 by the Government of India acknowledges that 35.57 million tons was used in reclamation of low lying areas in 2021-22 constituting 13.13% of the total fly ash generation during the aforesaid year.
17. This position regarding fly ash utilization being permitted to the Thermal Power Plants for reclamation of low-lying areas was well understood by all. Rather than permission being given to the Thermal Power Plants for reclamation of low-lying areas it was in fact a responsibility cast upon Thermal Power Plants to dispose of the fly ash in specified modes including reclamation of low- lying areas.
18. To this end, it would be apposite to refer to the notification dated 31.12.2021 issued by MoEF&CC relating to fly ash which sets out in Para A thereof, the responsibility of Thermal Power Plants for disposal of fly ash and bottom ash in filing low lying area (refer A(2)(v) of the said notification).
3419. It is thus submitted that all the fly ash disposal for the purpose of the reclamation of low-lying areas is in consonance with the notification issued by MOEF&CC from time to time.
20. It would be pertinent to mention here that the notification dated 31.12.2021 issued by MoEF&CC subsumed all the earlier notifications and the same has been reiterated by the Hon'ble Supreme Court of India in "Aravali Power Co. (P) Ltd. v. Vedprakash, 2022 SCC OnLine SC 645" and the relevant part of the said judgement is being extracted herein for the convenience of this Hon'ble Tribunal:
"...6. The consequence of the notification dated 31 December 2021 is that the earlier notifications would get subsumed by the terms of the notification. The NGT in the impugned orders had found fault with the TPPs due to their failure to comply with the notification dated 25 January 2016 and the extended deadline which was fixed for the utilization of fly ash. In view of the subsequent development which has taken place, the basis of the order of the NGT would be fundamentally altered by the modalities and time-lines which are prescribed by the notification dated 31 December 2021. In view of the latest notification, the orders of the NGT would have to be set aside together with the imposition of the measure of compensation as directed in the impugned orders..."
21. Moreover, it is humbly submitted that this Hon'ble Tribunal vide its order dated 20.12.2022 constituted a joint committee comprising of representatives of Central Pollution Control Board (CPCB), Uttar Pradesh Pollution Control Board (UPPCB), Regional Office-Ministry of Environment Forest and Climate Change (MoEF&CC) at Lucknow, the Deputy Conservator of Forest, Jhansi and the District Magistrate, Lalitpur, U.P. to undertake visit to the site within two weeks and verify the factual position regarding compliance with EC/Consent Conditions and environmental norms by the project proponent i.e., Respondent No. 2/LPGCL. The said committee vide its report dated 04.02.2023 affirmed that the Respondent No. 2/LPGCL is complying with EC/Consent Conditions and environmental norms and the disposal of fly ash was in accordance with notifications issued by MoEF&CC from time to time.
22. Itis humbly submitted that the Respondent No. 2ILPGCL is complying with EC/Consent Conditions and environmental norms and the disposal of fly ash is in accordance with the notifications issued by MoEF&CC from time to time and the same has been confirmed by UPPCB vide its various reports dated 07.08.2023, 12.02.2024, 07.05.2024, and 07.08.2024 filed before this Hon'ble Tribunal and the same was further affirmed by the MoEF&CC in its reply dated 10.08.2024.
3523. In view of the aforesaid, the Respondent No. 2/ LPGCL humbly submits that the fly ash generated by the power plant is being utilized 100% in line with the notifications issued from time to time with regards to disposal of fly ash by the MoEF&CC, and as such, the present application filed by the Applicant is liable to be dismissed."
28. While considering the matter on 24.10.2024, Tribunal observed that when 88 sites were disclosed by Proponent, it was not appropriate on the part of UPPCB to verify only 21 sites and no reason was given why other sites were not inspected. Accordingly, UPPCB was directed to submit response.
29. Pursuant thereto, an affidavit dated 09.11.2024 has been filed on behalf of respondent 4 i.e. UPPCB after verifying other sites also and it is said that disposal of fly ash is in non-arable areas, conform consent conditions and CPCB Guidelines and even in some places after reclamation of land with satisfaction of owners of land, further construction and other activities have been carried out. Relevant extract of affidavit dated 09.11.2024 as contained in Para 3-7 are reproduced:-
"3. That the details have been obtained from the Project Proponent, which covers a total of 88 low lying area, where ash has been disposed. Out of these 88 ash disposal sites, UPPCB officials was randomly inspected 21 ash disposal sites for their due compliances on 30.09.2024. UPPCB officials have conducted random inspection of 67 outstanding ash disposal sites on 26th and 27th October 2024, as for their proper compliance. UPPCB officials has also verified the records of the consent letters taken from the landowner and prior consents obtained from the UP Pollution Control Board, for reclamation of sites. (Annexure No.-1)
4. That the list of ash disposal sites visited by UPPCB officials is mentioned below as table-1. At all the visited sites, it was found that the prior consent of landowner and UPPCB was obtained, then the ash was disposed in these low-lying areas 36 and a proper soil covering / capping was done. Gainful activity like house construction, children's playgrounds, cultivation etc were also noticed on these reclaimed sites during the site visit. Photographs of these reclaimed ash disposal sites are also taken during the inspection and the same are attached herewith. (Annexure No.-2) Table: 1 List of ash disposal sites.
List of reclaimed Low-lying area
Father's/ Khata/Ga
Farmer's Guardian t a No.
Sl. Name name village Status
10 Complied
Sri Surat Bamhauri Reclamation
1 Sri Amar singh sahna Capped and Soil
Singh
101 Complied
Reclamation and Soil
Bamhauri Capped
2 Sri Jaipal Singh Sri Natthu sahna
1724/1 Complied
Sri Raghubeer Reclamation
3 Ramesh kumar Singh Bar Capped and Soil
931,932,93 Complied
3, Bhaloni Reclamation
4 Sri Vijay singh Sri Sohan Lal Capped and Soil
Sua
01404 Complied
Smt Makkhan
Reclamation
5 bai Sri Udaybhan Gadiyana Capped and Soil
00597 Complied
Reclamation
6 Sri Bhagirath Sri Mohan Gadiyana Capped and Soil
1836 Complied
Reclamation
7 Smt Leela Raj an Gadyana Capped and Soil
925,926 Complied
Sri Gyasi & Sri Maun Reclamation
8 Othrs Singh Gugarwara Capped and Soil
502 Complied
Reclamation
9 Smt Gyan bai Sri Laxman Ladwari Capped and Soil
892 mi Complied
Sri Sobaran Reclamation
10 Singh Sri Gunthe Mirchwara Capped and Soil
2253 Complied
Sri Virendra Reclamation
11 Singh Sri Mangu Mirchwara Capped and Soil
2421 Complied
Sri Jeevan Sri Kunjan
Reclamation
Singh Singh
12 Mirchwara Capped and Soil
38, 66/2 Complied
Reclamation
13 Smt Rati Sri Kailash Panari Capped and Soil
37
14 Village land N/A Complied
Dane baba ki Reclamation
tuiya Panari Panari Capped and Soil
15 153, 163, Complied
Smt Rampyari 164 Reclamation
Sri Keshav Capped
Pulwara and Soil
Das
16 Rajender 582/5 Complied
Chabda Sri Ramji Reclamation
Chhabra Raj wara Capped and Soil
387/3, Complied
497/2 Reclamation Soil
17 Smt Kunia Sri Jagua Roda
and
Capped
27/1 Complied
Shri Ram
Reclamation and Soil
18 Sri Mukesh sahay Tikrati wari Capped
1697, Complied
1698, 1699 Reclamation and Soil
19 Sri Bhajan Lal Sri Motilal Toria Capped
00519 Complied
Sri Indrapal Sri Govind
20 singh Singh Udaypura Reclamation and Soil
Capped
219 Complied
Reclamation and Soil
21 Sri Shiv Prasad Sri Pragi Udaypura Capped
1 Sri Sri Chhalone 1,90,19,11, PADWA Complied
Kamlesh,Dinesh 93,636 Reclamation and Soil
Kumar, Gore Lal Capped
2 Sri Anant Singh Sri Veer Singh 868 PADWA Complied
Reclamation and Soil
Capped
3 Sri Pooran Sri Raghraj 338 PADWA Complied
Singh Singh Reclamation and Soil
Capped
4 Sri Komal Sri Sari 150 PADWA Complied
Reclamation and Soil
Capped
5 Sri Sobran, Sri Phool 419, 319, Mailar Complied
Imram Jairam & Singh 101 Reclamation and Soil
others Capped
6 Sri G.S. Parihar, Sri Mahendra 7594, Talbehat Complied
Ajay Pratap Singh 7596, Reclamation and Soil
singh, Vijay 7604, Capped
Pratap Singh 7626,
7628,
7603,
7604,
7624,
7627,
7628, etc
7 Sri Ramesh Sri Chiddu 00283 Udaypura Complied
Reclamation and Soil
Capped
8 Sri Chhiddu Sri Chhakki 0023 Beer Complied
Reclamation and Soil
Capped
38
Sri Mukunda 00561 Birari Complied
9 Sri Lali Reclamation and Soil
Capped
10 Sri Hariram Pal Sri Babu 00138 Beer Complied
Reclamation and Soil
Capped
11 Sri Surat Singh Sri Lalanjoo 00346 Jharcone Complied
Reclamation and Soil
Capped
12 Sri Angand Sri Phool 966 Jharkaun Complied
singh singh Reclamation and Soil
Capped
13 Sri Dhyachand Sri Rampa 1800 Jarauli Complied
lodhi Reclamation and Soil
Capped
14 Sri Amar singh Sri Majboot 587, 589, Jarauli Complied
singh 591, 594 Reclamation and Soil
Capped
15 Sri Hari sanker Sri Jamna 2598,2600, Kachnaudh Complied
prasad 2601 a
kalan Reclamation and Soil
Capped
16 Smt Rampyari Sri Lt Munna 59/8 Gainchwara Complied
Reclamation and Soil
Capped
17 Sri Amol singh Sri Dharam 911 Pataua Complied
Reclamation and Soil
Capped
18 Sri Chhakk lal Sri Devi Lal 201 Panari Complied
& Kamla Devi Reclamation and Soil
Capped
19 Sri Brijesh Sri Parshu 618 mi Karitoran Complied
Kumar Rakesh Ram Reclamation and Soil
Rajesh and Capped
Jagdish
20 Sri Godan Sri Sadhu 338/2 Tila Complied
Ram Reclamation and Soil
Capped
21 Sri Ajendra Pal Sri Raghuraj 108, 111, Kakdari Complied
Singh Singh 112, 113, Reclamation and Soil
115, 110 Capped
mi
22 Sri Bhan Singh Sri Pratap 840, 1303 Mirchwara Complied
Sunder Pal Singh Reclamation and Soil
singh othrs Capped
23 Smt. Kusum Sri Ganesh 2394 Mirchwara Complied
Reclamation and Soil
Capped
24 Sri Anandi Sri Hallu 2395, Mirchwara Complied
2397, Reclamation and Soil
2398, 2399 Capped
25 Sri Shyamlal Sri Ajuddi 2295, 2395 Mirchwara Complied
Reclamation and Soil
. Capped
Sri Jalam Singh Sri Ladle Ju 2465, Mirchwara Complied
26 othrs 2466, Reclamation and Soil
2453, Capped
2457,
2458,
2460,
2495, 2459
39
27 Sri Yadvendra Sri Virendra 41 Beer Complied
Singh Singh Reclamation
Capped and Soil
28 Sri Preetam Sri Lallan 551, 555 Teela Complied
Reclamation
Capped and Soil
29 Sri Sahab Singh Sri Dev Singh 2635/1 Rajwara Complied
othrs Reclamation
Capped and Soil
30 Sri Gyani Othrs Sri Jaraua 1183, 1184 Toria Complied
Reclamation
Capped and Soil
31 Sri Beeran Sri Heera 1039, 1040 Toria Complied
Reclamation
Capped and Soil
32 Sri Bhagat Raj Sri Kamta 749 Marrauli Complied
Reclamation
Capped and Soil
33 Smt. Pista Sri Bhagat Raj 788 Marrauli Complied
Reclamation
Capped and Soil
34 Sri Gram 432 Hanupura Complied
Pradhan Reclamation
Hanupura Capped and Soil
35 Sri Sreepat Sri Gorelal 1176 Toriya Complied
Reclamation
Capped and Soil
36 Sri Prajapal Sri Dillipat 1092/1 Michwara Complied
Singh singh Reclamation
Capped and Soil
37 Sri Gaurav Sri Paras Nath 975, 972, Panari Complied
Kumar Yadav 977, 1087 Reclamation
Capped and Soil
38 Sri Azad Khan Sri Subrati 2525 Banpur Complied
Reclamation
Capped and Soil
39 Sri Man Singh Sri HarLal 1285 Gugarwara Complied
Reclamation
Capped and Soil
40 Sri Damarua Sri Manua 186 Khokhara Complied
Reclamation
Capped and Soil
41 Sri Halke Sri Hazari 777 Banpur Complied
Reclamation
Capped and Soil
42 Sri Chandan Sri Dileep 805 Mirchwara Complied
Singh singh Reclamation
Capped and Soil
43 Smt Tara Sri 1970 mi Padwa Complied
Prabhudayal Reclamation
Capped and Soil
44 Sri Asharam Sri Dev Singh 164 Khiriya Complied
(Banpur) Reclamation
Capped and Soil
45 Sri Hanumat Sri Bhaia Lal 52 mi Ganga Complied
othrs Sagar Reclamation
Capped and Soil
46 Sri Deep Chand Sri Jagbhan 1308/6 mi Masora Complied
Khurd Reclamation
Capped and Soil
40
47 Sri Amar singh Sri Surat 10 Bamhauri Complied
othrs sahna Reclamation
Capped and Soil
48 Sri Rameshwar Sri khuman 1443 Toria Complied
Reclamation
Capped and Soil
49 Sri Deepak Sri Harpa 771 Bhawni Complied
Reclamation
Capped and Soil
50 Sri Jitendra Sri Sobaran 2111 Mirchwara Complied
Reclamation
Capped and Soil
51 Smt. Sant Rani Sri Karan 835 Mirchwara Complied
Singh Lalitpur Reclamation
Capped and Soil
52 Sri Sher Singh Sri Sobaran 306/20 Tor Complied
Singh Reclamation
Capped and Soil
53 Sri Pran Singh Sri Bhulle 1123 Didaura Complied
Reclamation
Capped and Soil
54 Sri Bhagwat Sri Khet Singh 1078/1 Khadobara Complied
Reclamation
Capped and Soil
55 Sri Bhan Singh Sri Pratap 2649/6 Mirchwara Complied
Singh Reclamation
Capped and Soil
56 Sri Anandi Sri Hallu 2399 Mirchwara Complied
Reclamation
Capped and Soil
57 Sri Neeraj & Sri Sunna 2251 mi Mirchwara Complied
othrs Reclamation
Capped and Soil
58 Motilal Sri Bhanta 1821 Semra Complied
Harnarayan Bhag Nagar Reclamation
Capped and Soil
59 Sri Brajendra Sri Bhairo 1839 Semra Complied
Singh Bhag Nagar Reclamation
Capped and Soil
60 Sri Brijesh Surat Singh 1022, 1023 Mirchwara Complied
Kumar Lalitpur Reclamation and Soil
Capped
61 Sri Shivprasad Deshpat 661 Dailwara Complied
Reclamation and Soil
Capped
62 Sri Jitendra Nathuram 392/2 Roda Complied
Kumar Reclamation and Soil
Capped
63 Sri Kishori lal Maniram 389/1 Roda Complied
Reclamation and Soil
Capped
64 Sri Kanjari Brijesh 1944 mi Panari Complied
Reclamation and Soil
Capped
65 Sri Tulsi Pal Sharwan 46 Masora Complied
Kalan Reclamation and Soil
Capped
41
66 Sri Lokendra Kailash 30, 34/2, Masora Complied
Singh 32/2 Kalan Reclamation and Soil
Capped
67 Sri Lawman Channu 613 Tila Complied
Reclamation and Soil
Capped
5. That it has been found during the inspection that the ash has been disposed properly in the inarable low lying areas to make them usable for some gainful activities. It has been found that the disposal/reclamation activities have been done as per the Co nsent and CPCB guidelines-2019 issued for the same. Farmers /villagers, \ consented for the reclamation of their land, were also found satisfied with disposal/reclamation activities during the inspection. That the samples of fly ash and bottom ash were collected during the inspection on 23.09.2024. As per the analysis report, the metal contents i.e. Lead, Iron and Total chromium were found within the prescribed concentration limits. Fly ash test report is attached herewith. (Annexure No.-3)
7. That as per Hazardous and other waste (Management and Transboundary Movement) Rules 2016 as amended, fly ash, which is a high volume low effect waste is excluded from the category of hazardous wastes."
30. In the above facts and circumstances, it is evident from above discussions that with regard to disposal of fly ash on the part of respondent 2, presently no apparent violation either of the relevant Government Notifications issued by MoEF&CC for disposal of fly ash is demonstrable nor any other violation of Consent or EC conditions or guidelines of CPCB etc. is evident.
31. We are of the view that respondent 2 should attach highest priority in continuing implementation of various Environmental Management Programme in future also to ensure ecologically sustainable development in the area.
32. In absence of any material to show apparent violation on the part of respondent 2 in disposal of fly ash, we do not find it appropriate to pass 42 any further order in the matter and therefore this application is disposed of accordingly.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM November 22, 2024 Original Application No. 725/2022 (IA NO 598/2024) AB 43