National Green Tribunal
Dr. Pentapati Pullarao vs Union Of India on 23 February, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 857/2018
(With report dated 08.01.2021)
Dr. Pentapati Pulla Rao Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 23.02.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Sravan Kumar, Advocate
Respondent: Mr. Mahfooz A. Nazki, Advocate for State of Andhra Pradesh
Mr. Raj Kumar, Advocate for CPCB
Mr. TVS Raghavendra Sreyas, Advocate for APPCB
Mr. Kumar Rajesh Singh, Advocate for MoEF&CC
Mr. A.K. Prasad, Advocate for PPA
ORDER
1.1
1. Grievance in this application is against illegal dumping of muck by the Pollavaram Project Authority on the land of the applicant and need for remedial action against adverse impact of Coferdam on upstream areas.
2. The matter was considered earlier. Vide order dated 01.11.2018, a four member Joint Committee was constituted, comprising the Central Pollution Control Board (CPCB), the Andhra State Pollution Control Board (SPCB) the PCCF and the District Collector, West Godavari. The Committee gave its report which was directed to be acted upon vide order dated 19.2.2019 and a status report was directed to be filed. Status 1 report dated 3.5.2019 was considered vide order dated 10.5.2019 and further directions were issued. Thereafter on 27.9.2019 report dated 30.7.2019 was considered and the matter was deferred to 7.11.2019 for further compliance report.
3. Accordingly, report dated 08.01.2021 has been filed on behalf of the joint Committee on 23.02.2021 as follows:-
"Details of the project:
The Environmental Clearance (EC) to the proposed project has been accorded vide Lr.No.J-12011/74/2005-IA.1, Dt. 25.10.2005 and subsequently, revised in the year 2009 vide MoEF&CC LiNo.J- 12011/74/2005-1A.1, Dt.09.03.2009. Consent for Establishment (CFE) was accorded by the A.P. Pollution Control Board vide Order No. 529/APPCBNSP/ELR/Polavaram/2005, Dated 18.10.2005.
The total land requirement for the project is 46,060 hectares comprising of 3279 Ha of Forest Land. Forestry Clearance (FC) for the diversion of 3731.07 Ha. (3473 Ha. notified Forest Area plus 258.07 Ha. deemed Forest Land) has been obtained from the MoEF&CC vide letter No.8-123/2005-FC, Dt.28.07.2010. Further, requisite permission / NOC has been obtained from the Standing Committee of National Board for Wildlife (3267 Ha FC Land) vide Lr.No.F.N0.6-3/2002 WL-1(pt), Dt.06.07.2006. The State of Andhra Pradesh had acquired an additional land of 203 Acres in Moolalanka of Polavaram Village vide Notification 2016 as per the provisions of the Right to Fair Compensation and Transparency in land acquisition and Re-habitation & Resettlement Act. 2013 and handed over to the project proponent for the purpose of dumping of muck and is being in use."
In addition, a land area of 83.45 acres is acquired for Polavaram Irrigation Project vide Proceedings dt.18.02.2018 issued by Collector & District Magistrate, West Godavari. The Committee is of the opinion that since the land is used presently for agriculture purpose by the farmers, the Project Authority should avoid utilizing the land for dumping or for any non-agriculture purpose.
Presently, paddy cultivation is going on in the above said land adjacent to the existing dumping site. PIP informed that decision is not yet taken on returning the unutilized land if any, i.e., 83.45 Acs which was earlier proposed for dumping.
The Committee also held discussions with Forest Officers and it appears that the Papikonda National Park is located at around 8 Km. from the Moolalanka dumping site. It is also learnt that Eco-Sensitive Zone around the Papikonda National Park yet to be notified.
2The project is intended to provide irrigation facilities to 2.91 Lakh hectares in Visakhapatnam and East Godavari Districts under Left Main Canal and West Godavari and Krishna Districts under Right Main Canal. Further, it also comprises of generation of Hydel Power of 960 MW and 80 TMC diversion of Godavari water to River Krishna for stabilizing the existing command under Prakasam Barrage and to provide drinking water facilities to 540 enroute villages together water supply to Visakhapatnam City and to industries enroute.
About, 5 TMC ft. and 1.5 TMC ft. of water respectively be lifted from the pond of Polavaram Project by the States of Odisha and Chattisgarh. Reportedly total 1,93,350 persons are likely to be affected by this project, out of that 1,75,275 in Andhra Pradesh and 6,319 persons from Odisha and 11,766 persons from Chattisgarh. The project activity commenced in the year 2005- 2006. As per the information of project Authority, total expenditure incurred is Rs.17,026.79 Crores and cost of the project as per 2017 -18 price level is Rs. 55,656.87 Crores (as per CWC)."
"In compliance to above orders, status report on observations of Four Member Committee on 22.01.2020 is enclosed as Annexure - 1 and Status report on Task Force direction dated 03.11.2019 is enclosed as Annexure-11 for kind information.
The Board issued a Show Cause Notice dt.15.12.2020 to the Chief Engineer, Polavaram Irrigation Project for non- compliance of directions issued by the Board (Annexure ill).
The Board subsequently reviewed the status of the directions issued to the project authorities in the External Advisory Committee (Task Force) meeting held on 21-12-2020. A copy of the directions issued vide order dt. 08-01-2021 to the Polavaram Irrigation Project is enclosed for kind information (Annexure - IV).
Field Observations:
The Polavaram Irrigation Project (PIP) officials informed that the project construction work started during 2005-06 and present progress of Polavaram Head Works is 66.93%, Left Main Canal is 68.34%, Right Main Canal is 91.69%. The overall progress so far made in the project is 71.88%. As per the construction schedule, concrete in Spillway including construction of bridge, concrete in spill channel and construction of Coffer dams should have been completed by May, 2019. But all these works are lagging behind. The main Earth Cum Rock Fill Dam (ECRF) was scheduled to be completed by the end of 2021. Meanwhile the entire work was terminated and pre-
closed. Fresh tenders were invited by the State Government vide NIT No.01/2019-20, Dt.17.08.2019. A new agency/contractor was identified and entrusted the work vide agreement No.01/2019-20 dt. 08-11-2019. Presently, the project works are under progress."
34. The report also annexes the status report. The said Annexure-I and Annexure-II giving the status of compliance as on 31.08.2019 and 03.11.2019 respectively will be treated as part of this order as appendix -
I and II.
5. We quote below the extract compliance observed as on 18.11.2020 with reference to the directions as follows:-
" S.No Direction Compliance observed by APPCB
as on 18.1.2020
1 The PIP authority shall submit action Complied.
taken report on proper disposal of muck
every 15 days as recommended by the
Joint committee
2 The dumpsites shall be strengthened Partially complied.
with proper heights and slopes along
with vegetative cover immediately with Slopes of existing muck dumps
Technical experts. opposite of B.C. Colony were taken
up and completed in March, 2020.
But during recent heavy floods in
October, 2020, some portion of
sloping works got disturbed and
need to be taken up gain.
800 bamboo tree saplings have
been planted over the slopes for
stabilisation in September, 2020.
Further dumping of muck has
not taken place at dumping yard
near B.0 Colony.
During the last working season
in 2019-20, the excavated earth
has been utilised for formation of
internal ring bund, as a part of
working arrangement by the
agency.
Vegetation on the slopes is not yet
started.
4
3 The Project Authority may re-look at Partially complied.
the utilization of 87 Acres acquired
adjacent to the existing dumping site Presently, paddy cultivation is going
(Moolalanka dump site) on in the 87 acres of land adjacent
to the existing dumping site.
PIP informed that decision is not
yet taken on returning the
unutilized land if any, out of the
87 Acs which is earlier proposed
for dumping.
4 The Project Authority shall submit Partially complied.
report every month on progress
achieved and quantity of reutilization Not submitting specific reutilisation
of muck. The feasibility of using the muck on regular basis.
land already demarcated near the 0
point shall be furnished. During the last working season
in 2019-20, the excavated earth
has been utilised for formation of
internal ring bund, as a part of
working arrangement by the
agency.
No Dumping is observed at zero
point. As informed by PIP that
207 Lakh Cu.M. of rock muck
will be required for the
construction of i) balance
cofferdams, H) ECRF dam in
gap-II, Hi) upstream left side
guide bund of Approach
Channel and iv) for the river
protection works. The total rock
muck will be utilized in the
above works.
5 As committed by the Project Complied.
Authority, dumping of mucks shall
not be done near the B.C.Colony area Further dumping of muck has not
and Reserve forest area and Eco taken place at dumping yard near
sensitive Zones. B.0 Colony.
6 The PIP shall engage MoEF recognized/ Partially complied.
Reputed environmental agencies for
conducting Ambient Air Quality NEERI has conducted Ambient Air
Monitoring, Water quality monitoring Quality Monitoring in February
etc., regularly and submit Environment and March 2020 only. But reports
compliance reports to MoEF/APPCB. are yet to be submitted. Presently
NEERI has been conducting field
tests form 16.11.2020.
(Interim report for the month of
February,2020)
7 The recommendations of IIT Delhi Not complied.
regarding permanent protective
measures on the sliding of Not yet finalized the
embankments shall be duly followed recommendations of IIT delhi.
and progress shall be reported.
5
8 Adequate dust suppression measures Partially complied.
like providing water spraying shall be
carried out till good vegetative cover About 5 tankers are engaged for
is attained. Similarly, water spraying wetting of roads/ village roads.
shall be arranged regularly for Frequency needs to be increased.
wetting the approach roads/village
roads etc at project areas and nearby
villages, for control of dust emissions
due to vehicular movement and shall
maintain records and submit reports.
The frequency of wetting of roads
shall be increased depending on the
weather conditions, so as to avoid
fugitive dust emission during
vehicular movement
9 The PIP shall submit action plan for Not complied.
Solid Waste Management for the
entire project area covering labour No proper action plan. no solid
colonies, canteens & other offices waste processing facilities.
etc.,
10 The PIP shall submit action plan for Not complied.
treatment of domestic waste water
generated from labour colonies, No specific proposal is received so
canteens & other offices etc., far.
11 The PIP shall impart following measures Partially complied.
to 9 No. of stone crushers existing in the
project premises: Except wetting, no concrete
measures like cladding, wind
a) Wetting of premises of stone breaking walls etc. are provided.
crushers, roads to avoid dust
emissions due to vehicular
movement.
b) Provide cladding to primary Not complied.
crushers, secondary crushers,
screens, dust tank etc.,
c) Wind breaking walls around
crushers to control dust Not complied.
emissions.
12 The PIP shall install Ambient Air Quality Partially complied.
Monitoring stations at BC colony,
Chandranna colony, Labour colony and NEERI has conducted Ambient
project office and shall submit reports to Air Quality Monitoring in
Regional Office, Eluru and MoEF February and March 2020 only.
regularly. But reports are yet to be
submitted. Presently NEERI has
been conductingfield tests form 16.11.2020.
(Interim report for the month of
February,2020)
13 Drilling operations should be carried Complied.
out Using the machines equipped with
dust extraction system only.
14 The stone crushers shall be provided Not complied.
with air pollution control systems as
per central pollution control board About 9 crushers are existing but
(CPCB) guidelines and shall operate Without cladding and dust
only with valid consent of APPCB. containment measures and
also without having CFO of the
6
Board.
15 Avenue plantation and green belt shall Not complied.
be developed in project area and
surroundings as per the conditions
stipulated.
16 Internal Monitoring team (Environment Not complied.
Cell) shall be constituted to monitor
issues No exclusive Environmental
monitoring cell is formed.
pertaining toenvironment and
pollution and for ensuring
implementation of the conditions
specified by the MoEF&CC and
A.P.Pollution Control Board.
WHEREAS vide reference 7th cited, this office was instructed to issue show cause notice to Polavaram Irrigation Project for non-compliance of the Board directions.
In view of the above, you are directed to show cause as why action should not be initiated against your industry under section 33(A) of Water (Prevention and Control of Pollution) Amendment Act, 1988 and under section 31(A) of Air (Prevention and Control of Pollution) Amendment Act, 1987 for non compliance of Board directions."
6. Further, extract from direction dated 08.01.2021 is as follows:-
"The Board hereby issues following directions under Sec.33 (A) of Water (Prevention and Control of Pollution) Amendment Act, 1988 and under Sec.31 (A) of Air (Prevention & Control of Pollution) Amendment Act, 1987:
1. The stone crushers shall be provided with air pollution control systems as per Central Pollution Control Board (CPCB) guidelines and shall operate only with valid consent of APPCB.
2. The PIP shall impart following measures to 9 no. of stone crushers existing in the project premises immediately:
a. Wetting of premises of stone crushers, roads to avoid dust emissions due to vehicular movement.
b. Shall Provide cladding to primary crushers, secondary crushers, screens, dust tank etc., c. Shall provide Wind breaking walls around crushers to control dust emissions
3. The PIP authority shall submit action taken report on proper disposal of muck every /5 days as recommended by the Joint Committee.7
4. The disturbed portion of the sloping works at the BC colony shall be strengthened with proper heights and slopes along with vegetative cover.
5. The project authority to relook at the utilization of 87 acres acquired adjacent to the existing dumping site. (Moolkalanka dump site).
6. As committed by the Project authority, dumping of mucks shall not be done near BC colony area and Reserve forest area and Eco Sensitive Zones.
7. The recommendations of lIT Delhi regarding permanent protective measures on the sliding of embankments shall be duly followed and progress shall be reported.
8. The PIP during the earth work excavation shall take Adequate dust suppression measures like providing water spraying shall be carried out till good vegetative cover is attained.
Similarly, water spraying shall be arranged regularly for wetting the approach roads/ village roads etc at project areas and nearby villages, for control of dust emissions due to vehicular movement and shall maintain records and submit reports. The frequency of wetting of roads shall be increased depending on the weather conditions, so as to avoid fugitive dust emission during vehicular movement.
9. The PIP shall install Ambient Air Quality Monitoring stations at B. C colony, Chandranna Colony, Labour colony and Project Office and shall submit reports to Regional Office, Eluru and MoEF regularly.
10. Drilling operations should be carried out using the machines equipped with dust extraction systems only.
11. Avenue plantation and green belt shall be developed in project area and surroundings as per the conditions stipulated.
12. Internal monitoring team (Environment Cell) shall be constituted to monitor issues pertaining to environment and pollution and for ensuring implementation of the conditions specified by the MoEF and A.P. Pollution Control Board."
7. We may now refer to the action taken report filed on behalf of the State of Andhra Pradesh which mentions the visit of the joint Committee to the project on 22.01.2020 and action taken report of the Department of Water Resources, Government of Andhra Pradesh. There is further reference to the report of the CSIR/NEERI on the subject of ambient air quality and water quality. Particular reference has been made during the hearing to the issue of restoration of the roads after development of the cracks, which issue remains unattended. The relevant extract from the report is as follows:-
8SI. Recommendations Observations/Remarks of Further Action taken by of the Committee the Committee on 22-01- Water Resources Department during Polavaram 2020 as on 02.01.2021 site visit on 11-12- 2018
8 The Committee has It is reported by the Project Prof Ramana 1.I.T, Delhi and Dr. verified the Authority that the problem of R.Chitra, Scientist "E", CSMRS, restoration of roads sliding of Right side bank of Delhi were addressed to inspect after development of spill channel was studied by the site and to furnish suitable cracks as reported Prof Ayothiraman of IIT, Delhi option for arresting slipping of in the project and the report furnished by him banks. Dr. R.Chitra, Scientist "E", approach road for providing 35m depth of CSMRS, Delhi has inspected the during the last stone columns was Discussed site on 18th and 19th of in the 11th DDRP meeting. The Febraury,2020.
monsoon season. Agency expressed its inability to The report obtained construct Stone columns to a As suggested in the DDRP from Central Design depth of 35m as Recommended meeting, the final report on Organization, by IIT, Delhi and proposed Stability assessment of right bank Vijayawada, AP is alternative structures to along with recommended ground Earthen Embankment. Various improvement measures as carried annexed as alternatives were discussed by out by IIT, Delhi was submitted to Annexure --D the members of the panel and it CWC, New Delhi for According was decided that the agency approval by the Chief shall submit the alternative Engineer, PIP vide Lr.No.1733, ground improvement technique dated 19.12.2020 (Annexure-5). or any suitable option in Based on the recommendations of consultation with, IIT Delhi and the CWC, New Delhi, necessary CSMRS Prof Ramana 1.I.T, design and drawings will be Delhi and Mrs. R.Chitra, submitted for according approval. CSMRS, Delhi have been Based on the approved drawings, addressed to furnish suitable necessary protective option for arresting slipping of measures/works will be taken up. banks and they are planned to The progress will be updated from inspect the site after dewatering time to time.
of Spill channel. The dewatering of spill channel was started from 16.12.2019 by installing 28 pumps of total capacity about4000 HP and will be completed by Dt. 14.02.2020.
Necessary protective measures will be taken up as per their suggestions.
8. We have heard learned Counsel for the parties. Main contention on behalf of the applicant is that while the EC was granted in 2005 and 9 revised in 2009 but the project was expanded in the year 2016 when further land was acquired, without taking additional precautions to utilize the adverse impact of additional activities. There is adverse impact of coffer dams on upstream areas and huge dumping of mucks has taken place without proper environmental management plan.
9. We find that the issue needs to be addressed by preparing an appropriate action plan by a Committee with relevant Experts and headed by a former Judge. Accordingly, we constitute a six Member Committee to be headed by Justice B. Seshasayana Reddy, former Judge of the High Court of Andhra Pradesh and with nominees of the MoEF&CC, Central Pollution Control Board, Central Soil and Water Conservation Research Institute, Dehradun, IIT, Hyderabad and IIT, Delhi
10. The Committee will visit the site at least once and conduct public hearing, if necessary. Except for such visit, it will be free to conduct proceedings online. The Committee will be at liberty to take the assistance of any other Experts/Organization.
11. The Committee will
a) compile information about the extent of generation and disposal of muck at the designated dumping sites and safety measures being adopted for the stability of the dumping sites.
b) assess the damage to the Environment and remedial action.
c) consider the question whether compensation for acquisition of land remains to be paid.
d) get muck audit in respect of the project conducted.
e) to deal with any other associated issue.
12. The Committee may commence its functioning as far as possible within two weeks. The nodal agency will be the CPCB and the State PCB 10 for coordination and compliance. The State PCB and the District Magistrate concerned will provide logistic support. The State PCB will bear the requisite expenses for functioning of the Committee, in the first instance. Honorarium of the Chairman of the Committee and non-
official members may be determined by the Chairman, State PCB in consultation with the Chairman of the Committee. The Andhra State PCB will also pay a sum of Rs. 1 Lakh to the applicant to meet the litigation cost.
13. The Committee may give its report as far as possible within three months to the Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
List for further consideration on 09.08.2021.
A copy of this order be forwarded to the Members of the Expert Committee, the CPCB and the State PCB by e-mail for compliance.
Adarsh Kumar Goel, CP S.K. Singh, JM Dr. Nagin Nanda, EM February 23, 2021 Original Application No. 857/2018 SN 11 APPENDIX - I to the order dated 23.02.2021 in OA 857/2018 Annexure-I Action taken Report on Observations of the 4 Member Joint Committee on 31-08-2019 SI. Recommendations Remarks/Observation of the Remarks/Observation of the 4 Member Joint Present Status No. of the Committee 4 Member Joint Committee Committee on 22.01.2020 during Polavaram on 24.07.2019 site visit on 11.12.2018 1 Observed disposal The projectauthority failed to It is reported that contract of main dam package work was Slopes of existing muck dumps opposite of B.C. Colony were taken of muck Without Submit anyaction taken terminated and pre-closed during August, 2019. Fresh tenders up and completed in March, 2020. proper height, report every15 days as were called for and balance works were awarded to the new leveling and suggested by the four agency vide agreement No.01/2019 20, gradient member joint committee dt.08.11.2019. But during recent heavy floods in October, during 25.04.2019. However, The PIP has informed that they will ensure. 2020, some portionof sloping works got disturbed and need to be it is reported that the taken up gain.
Work to maintain proper slopes of existing excavation work has been muck dumps will be started immediately and will stopped due to monsoon.
be completed within one month. 800 bamboo tree saplings have been planted over the slopes for After resumption of works by the new contractor, stabilisation in September, 2020.
muck will be disposed maintaining the proper slopes as suggested by the Committee.
Photo graphs are enclosed.
Further, dumping of muck hasnot taken place at dumping yard near B.0 Colony. During the last working season in 2019-20, the excavated earth has been utilised for formation of internal ring bund, as a part of working arrangement by the agency.
1APPENDIX - I to the order dated 23.02.2021 in OA 857/2018 2 No vegetation / The Committee inspected BC The Government of Andhra Pradesh issued The Superintending Engineer has issued greenbelt Colony area. No major GO. RT No. 35, dated 21.01.2020 giving Work order for raisingof plantationin Mulalanka dump yard to the Have been made plantation activity noticed administrative sanction for Rs. 306.5 Lakhs for "Rising of divisional forest officer, Eluru videWork Order on the Dumps to for a length of 1200 mts. plantation and 3-year maintenance at Mulalanka dump yard. No.SE/PIPHW/OT1/AEE1/EIA Vol.12/01/ stabilize and to Stretch along kademma Tendering process is yet to be started by the PIP. After 2020-21 dt 10.09.2020. Copy of the work order is enclosed (Annexure prevent air drain. It was informed by completion of tendering process and award of work, - C) pollution Project Authority that they plantation will be started. GO Copy Annexed (Annexure-A).
have planted about 400 800 bamboo tree saplings have been planted over the slopes for Plants during the period. The government has also sanctioned an amount of Rs. stabilisation in September, 2020 Photographs of plantation 84.45 Lakhs for carrying out "Ambient Air Quality enclosed. However, in the Monitoring and water quality tests etc.". The work order in meeting the Project Authority this regard addressed to CSIR, NEERI, Hyderabad informed that the dt.20.01.2020 is attached as (Annexure -- B) Comprehensive plantation programme at a cost of Rs.2.74 Cr. is in pipeline which is to be taken up after receipt of orders of the government.
3 The Project The committee observed During the earlier inspections, the project authorities were Presently, paddy cultivation is going on in the 87 acres of land adjacent Authority may re- that no dumping activity is repeatedly informing the Committees that the land in to the existing dumping site. look at the happening in the 87 Acres question is in the final state of award, and same was PIP informed that decision is not yet taken on returning the unutilized utilization of 87 of additional area of informed in their ATRs. During the review meeting on land, if any, out of the 87 Acs which is earlier proposed for dumping. Acres acquired Moolalanka lands. The 22.01.2020, the Revenue Divisional Officer, adjacent to the Committee opines that the Jamgareddugidem, West Godavari District has informed to Photographs are enclosed.
existing dumping Project Authority shall put the Committee that the 87 acres in question was acquired by
site (Moolalanka up a proposal to the GoAP vide order dt.18.02.2018
dump site) Government for the
withdrawal of acquired land However, the land area mentioned in the award order was
since, as per the revised 85.35 acres. The Committee is of the opinion that since the
plan there is no such land is used presently for agriculture by the farmers the Project
requirement. The Project Authority should avoid utilizing the land for ' dumping or for
Authority is yet to initiate any non-agriculture purpose.
follow up action in this
regard.
2
APPENDIX - I to the order dated 23.02.2021 in OA 857/2018 4 The Project The progress and quantity During the review, the PIP has informed that Not submitting specific reutilisation muck on regular basis. Authority shall of reutilization of muck as The balance works were entrusted to the New Agency During the last working season in 2019-20, the excavated earth has immediately suggested in the previous on dt.08.11.2019. The new agency has started been utilised for formation of internal ring bund, as a part of working prepare an Action meeting is not submitted by Spillway concrete works and dewatering of Spill arrangement by the agency. plan regarding the Project Authority channel initially and soon will start other works. No Dumping is observed at zero point. feasibility of A total quantity of 130 Lakh Cum of Rock muck As informed by PIP that 207 Lakh Cu.m. of rock muck will be utilizing the dumps are available at site on right side and further required for the construction of i) balance cofferdams, ii) ECRF dam excavated about 17.2 Lakh Cum of useful rock muck will come in gap-II, iii) upstream left side guide bund of Approach Channel and material within from excavation 902 Hill and about 60 lakhCum will iv) for the river protection works. The total rock muck will be utilized the Project area come from excavation' at power house foundations in the above works.
and the feasibility making the total rock muck available to the tuna of
of using the land about 207.2 lakh cum.
already So far 41.49 Lakh cum of rock muck has been utilized
demarcated near in partially executed Upstream and Downstream
the "0" point Cofferdams. Further 207 lakh cum of rock muck will
be required for the construction of balance
cofferdams, ECRF dam in gap-II, upstream left side guide bund of Approach Channel and for the river protection works. The total rock muck will be utilized in the above works from February, 2020 to December,2021. The Government land demarked near the zero point cannot be utilized for dumping as the excavated muck has to be transported through Polavaram village. The land will be utilized for the future needs of the project appropriately 3 APPENDIX - I to the order dated 23.02.2021 in OA 857/2018 5 Project Authority The project Authority shall The Project Authority shall continue to abide by their Complied.
made the continue to abide by their commitment Further dumping of muck has not taken place at dumping yard near
Commitment and commitment. B.0 Colony.
assured before the
Committee that
Henceforth ie., 11-
12-2018 onwards
dumping of mucks
will not be done
near the BC colony
area.
4
APPENDIX - I to the order dated 23.02.2021 in OA 857/2018 6 The project No comprehensive AAQM The Ambient Air Quality Management (AAQM) has been The NEERI has submitted interim report in the month December, authority shall has Implemented by the conducted in five places in May, June and July of 2019 and on 2020. Based on the primary data collected during the study period, regularly carry project authority. However 18.01.2020. The study reports of May, June & July have following conclusions are drawn by the NEERI in the report:
out air quality M/s. NEERI, Hyderabad was already been monitoring in line engaged for May 2019 and Submitted and the latest reports are also submitted to APPCB The ambient air quality at all locations in the study area are with National M/s Envi Tech Pvt Ltd for and Polavaram Project Authority on dt.21.01.2020. found to be within National Ambient Air Quality Standards Ambient Air June 2019 for monitoring (NAAQS) w.r.to gaeous pollutants (SO2) NO2, O3, CO, NH3 and Quality AAQM at 5 places including C6H6). The higher values of particulate matter (PM10 and PM2.5 The GoAP have accorded administrative sanction vide Monitoring BC colony. Photographs and in termsof maximum concentrations in the study area may be due G.O.RT.No.35, dt.21.01.2020 for rs.406.21 Lakhs for the Programme and analysis reports Enclosed to the vehicular movement and unpaved roads.
Estimate for carrying out the Air Quality Monitoring water submit reports to (Copy enclosed as Annexure quality tests by M/s. NEERI Hyderabad for rs.84.45 lakhs plus MOEF & --C). The committee In the villages and residential colonies surrounding the GST and plantation includingproviding Tree guards, watering CC/APPCB. Examined the reports Polavaram project, it is observed that the daytime noise levels and maintenance for 3 years at Mulalanka dump yard for submitted And found that vary between 50.2-52.9 dB(A), 50.1-54.5 dB(A) & 51.6-53.8 dB(A) Rs.306.50 lakhs.
PMio and PM2.5 exceeded at and night time noise levels vary between 43.1-45.0 dB(A), 42.8- four places out of five places 44.8 dB(A) & 40.8-44.0 dB(A) during February, March and monitored in May 2019. To The work order was placed on M/s. NEERI, Hyderabad vide November 2020, respectively. The noise levels are compared with get conclusive evidence, a work order No.SE/PIPHMOTVAEEVEIANo1.11/01/2019- 20, CPCB limits for residential areas. The noise levels are observed comprehensive AAQM is Dt.20.01.2020 for carrying out the AAQM and water quality to be within the CPCB standards for residential areas. required. studies for one year Hence, the Reports prepared by NEERI, Hyderabad, by Collecting data of Air environment, Noise nvironment, Ground water and surface water environment and The observed Leq values of day time noise levels during soil environment on line with National Ambient Air Quality February, March and November 2020 respectively are varying Monitoring Programme will be submitted to APPCB & MoEF between 64.2-70.2 dB(A), 62.6-66.6 dB(A) and 59.4-68.6 regularly as suggested by the Committee dB(A). The night time noise levels are within the range of 52.2- 67.9 dB(A), 53.6-60.9 dB(A) and 50.7-60.7 dB(A), respectively, during February, March and November 2020 near the construction activities of Polavaram project. It is observed that daytime and night time noise levels are exceeding the CPCB limits for commercial zone at most of the sites. These higher noise levels are attributed to operation of DG sets, Excavators, Cranes, Crushers, movement of Trucks, vehicles, and concrete mixers etc. in connection with ongoing construction activities of Polavaram.5
APPENDIX - I to the order dated 23.02.2021 in OA 857/2018 The observed Leq values of day time noise levels during February, March and November 2020 respectively are varying between 64.2-70.2 dB(A), 62.6-66.6 dB(A) and 59.4-68.6 dB(A). The night time noise levels are within the range of 52.2-67.9 dB(A), 53.6-60.9 dB(A) and 50.7-60.7 dB(A), respectively, during February, March and November 2020 near the construction activities of Polavaram project. It is observed that daytime and night time noise levels are exceeding the CPCB limits for commercial zone at most of the sites. These higher noise levels are attributed to operation of DG sets, Excavators, Cranes, Crushers, movement of Trucks, vehicles, and concrete mixers etc. in connection with ongoing construction activities of Polavaram.
The groundwater quality at most of the sampling locations for various parameters was well within the permissible limit of BIS except for TDS, calcium hardness, nitrate.
Iron and Manganese concentrations at some locations in groundwater were observed to be more than permissible limit of the BIS which may be attributed to the dominant Rocks The river water quality showed values within the range. Phytoplankton and zooplankton showed significant diversity in the study area Soil texture in the study area varies from loamy sand, sandy clay loam, clay and sand, whereas, loamy sand and sandy clay loam are the prominent textural class Future Work:
The sampling work for all the components are per the schedule will be carried out.
Analysis of the samples for various environmental components will be continued A copy of the NEERI, December, 2020 report is enclosed for kind information (Annexure D) 6 APPENDIX - I to the order dated 23.02.2021 in OA 857/2018 7 Strengthening of Progress as suggested in Progress as suggested in Point No.2 may be complied. Slopes of existing muck dumps opposite of B.C. Colony were taken dump sites with Point No.2 may be compiled up and completed in March, 2020.
proper heights and slopes along But during recent heavy floods in October, 2020, some portion of with vegetative sloping works got disturbed and need to be taken up gain cover may be planned 800 bamboo tree saplings have been planted over the slopes for immediately in stabilisation in September, 2020. consultation with Photo graphs are enclosed. technical experts Further dumping of muck has not taken place at dumping yard
near B.0 Colony. During the last working season in 2019-20, the excavated earth has been utilised for formation of internal ring bund, as a part of working arrangement by the agency.
The Superintending Engineer has issued work order for raising of plantation in Mulalanka dump yard to the divisional forest officer, Eluru vide Work Order No.SE/PIPHW/OT1/AEE1/EIA Vol.12/ 01/ 2020-21 dt 10.09.2020 (Annexure C).
7APPENDIX - I to the order dated 23.02.2021 in OA 857/2018 8 The Committee As informed, report from IIT It is reported by the project authority that the problem of Recommendations are not yet finalized. has verified the Delhi is still awaited on the sliding of right sided bank of spill channel was studied by Prof. restoration of permanent protective Ayothiramam of IIT, Delhi and the report furnished by him for roads after measures on the sliding of providing 35 m depth of stone columns was discussed in the development of embankments. Opinion of 11th DDRP meeting. The agency expressed its inability to cracks as experts may be followed. construct stone columns to a depth of 35m as recommended reported in the by IT, Delhi and proposed alternative structures to Earthen project approach Emabankment Various alternatives were discussed by the road during the members of the panel and it was decided that the agency shall last monsoon submit the alternative ground improvement technique or any season. The suitable option in consultation with III Delhi and CSMRS. Prof report obtained Ramana IIT„ Delhi and Mrs. R.Chitra, CSMRS, Delhi have been from Cental addressed to furnish suitable option for arresting slipping of Design banks and they are planned to inspect the site After dewatering Organization, of Spill channel. The dewatering of spill channel was started Vijaywada, A.P from 16.12.2019 by installing 28 pumps of total capacity about 4000 HP and will be completed. By dt.14.02.2020. Necessary protective measures will be taken up as per their suggestions 8 APPENDIX - I to the order dated 23.02.2021 in OA 857/2018 9 Adequate dust It is reported that being the During inspection the committee has observed About 5 tankers are engaged for wetting of roads/ village roads suppression monsoon season, the wetting the spraying of water on approach road to suppress the dust.
Measures like of roads/ village roads are The PIP further informed that after resumption of earth work
providing Water temporarily suspended. the number of tankers engaged will be increased according
spraying may be About 5 tankers are engaged to the requirement as suggested by the committee
arranged till good as emergency measure in
vegetative Cover this regard.
attained.
Similarly,
Water spraying
may be Arranged
for wetting the
Approach
roads/village
Roads etc. at the
project areas and
nearby villages
9
APPENDIX - II to the order dated 23.02.2021 in OA 857/2018 Annexure - II ACTION TAKEN REPORT ON THE TF DIRECTIONS DT. 03.11.2019 ISSUED BY APPCB IN O.A.No.857 OF 2018 IN THE HON'BLE NATIONAL GREEN TRIBUNAL SI. Direction Compliance submitted by Polavaram Irrigation Project Compliance observed by APPCB No. 1 The PIP authority shall submit action taken PIP authorities have been submitting Action taken reports on Complied.
report on proper disposal of muck proper disposal of muck every 15days as recommended by The Project Authorities have submitted the ATR on disposal of every 15 the Joint Committee. muck every fifteen days up to November, 2020. days as recommended by the Joint committee
2. Thedumpsites shall be strengthened with i. As per the suggestion of the Forest Authorities, Partially complied.
proper heights and slopes along with vegetative StyloHameta Grass seeds were sprinkled over the slopes for Slopes of existing muck dumps opposite of B.C. Colony cover immediately with Technical experts. growing vegetative cover for stabilization of slopes opposite of were taken up and completed in March, 2020.
BC colony.
But during recent heavy floods in October,2020, some portion of ii. As promised to the committee, the works to maintain sloping works got disturbed and need to be taken up gain. proper slopes of existing muck dumps were taken up and completed up to opposite of B.C. Colony. 800 bamboo tree saplings have been planted over the slopes for stabilisation in September, 2020.
iii. As per the suggestion made and with the help of Forest Photo graphs are enclosed. authorities, 800 bamboo tree saplings have been planted over the slopes for stabilisation in September, 2020. Further dumping of muck has not taken place at dumping yard near B.C. Colony.
During the last working season in 2019-20, the excavated earth has been utilized for formation of internal ring bund, as a part of working arrangement by the agency.
1APPENDIX - II to the order dated 23.02.2021 in OA 857/2018
3. The Project Authority may re-look at the Presently, the land is under the possession of Land owners Partially complied.
utilization of 87 Acres acquired adjacent to the only and they have been cultivating the lands. existing dumping site As reported earlier, after finalization of balance drawings of Presently, paddy cultivation is going on in the 87 acres of land (Moolalanka dump site) Pilot channel and Spill channel right side slope, exact adjacent to the existing dumping site.
quantities can be finalized and a decision can be taken on PIP informed that decision is not yet taken on returning the returning the unutilized land if any, out of the 85.35Acs unutilized land if any, out of the 87 Acs which is earlier proposed land for dumping. proposed for dumping.
Photographs are enclosed.
4. The Project Authority shall submit report every Through Action Taken reports, every month/fort night, Partially complied.
month on progress achieved and progress achieved and quantity of reutilisation muck are
quantity of reutilization of muck. The being submitted regularly. Not submitting specific reutilisation muck on regular
feasibility of using the land already baiss.
demarcated near the 0 point shall be During the last working season in 2019-20 , the excavated
furnished. earth has been utilised for formation of internal ring bund, During the last working season in 2019-20, the
as a part of working arrangement by the agency. excavated earth has been utilised for formation of
internal ring bund, as a part of working arrangement by As reported earlier, the Government land demarked near the agency. the 0 point will be utilised for the future needs of the project appropriately. No Dumping is observed at zero point.
As informed by PIP that 207 Lakh Cu.M. of rock muck will be required for the construction of i) balance cofferdams, ii) ECRF dam in gap-II, iii) upstream left side guide bund of Approach Channel and iv) for the river protection works. The total rock muck will be utilized in the above works.
5. As committed by the Project Authority, As committed and as submitted earlier, dumping of muck Complied.
dumping of mucks shall not be done near the near B.C.Colony has been stopped completely. B.C.Colony area and Reserve forest area and Further dumping of muck has not taken place at Eco sensitive Zones. dumping yard near B.0 Colony 2 APPENDIX - II to the order dated 23.02.2021 in OA 857/2018
6. The PIP shall engage MoEF Work order was issued to NEERI, Hyderabad which is a A copy of the NEERI, December, 2020 report is enclosed for kind recognized/Reputedenvironmental agencies for central government agency, on 21.01.2020 for conducting information (Annexure - D). conducting Ambient Air Quality "Ambient Air Quality Monitoring and Water quality tests etc." Monitoring, Water quality monitoring etc., regularly for one year, for Rs.84.45 lakhs. regularly and submit Environment compliance reports to MoEF/APPCB. NEERI, Hyderabad has been conducting the tests regularly and Environment compliance reports will be submitted to MoEF/APPCB soon.
7. The recommendations of IIT Delhi regarding The recommendations are not yet finalized but, as Not complied.
permanent protective measures on the sliding suggested the recommendations will be followed of embankments shall be duly followed and Not yet finalized the recommendations of IIT delhi. progress shall be reported.
8. Adequate dust suppression measures like Presently earth wok excavation has not yet started due to Ab o ut 5 t ank er s ar e engaged for w ett ing o f ro ad s/village providing water spraying shall be carried stagnation of water in the spill channel. After dewatering, roads. out till good vegetative cover is attained. the earth work excavation will be resumed. The details will Similarly, water spraying shall be arranged be informed. Frequency needs to be increased.
regularly for wetting the approach
roads/village roads etc at project areas and As per the present conditions, five water tankers have been
nearby villages, for control of dust emissions engaged for spraying water on the approach roads to due to vehicular movement and shall maintain suppress the dust. As and when required more no of tankers records and submit reports. The frequency of will be used for suppression of dust in the project wetting of roads shall be increased depending area/nearby villages. on the weather conditions, so as to avoid fugitive dust emission during vehicular movement.
9. The PIP shall submitaction plan for Solid Two bins i.e. one for disposal of dry solid waste and another Not complied.
Waste Managementfor theentire project area for disposal of wet solid waste were provided at Labour covering labour colonies,canteens & other colonies, canteens, offices etc., Both the solid wastes have No p rop er actio n p lan. No so lid wast e pro cessing offices etc., been handed over to the local authorities for recycling. f acilit ies.
3APPENDIX - II to the order dated 23.02.2021 in OA 857/2018
10. The PIP shallsubmit action plan for It is planned to treat Domestic waste water at colonies by Not complied.
treatment of domestic waste water generated decentralized waste water treatment plant i.e., by passing No sp ecific p ropo sal is received so f ar. from labour colonies, canteens & other offices through 1. Settler, 2. Anaerobic baffled reactor and 3.
etc., Planted gravel filter bed.
11. The PIP shall impart following measures to 9
No. of stone crushers existing in the project P art ially co mp lied.
premises:
a) Wetting is being done daily at the premises of stone Ex cept wetting, no concrete measur es lik e clad ding, w ind
a) Wetting of premisesof stone crushers, crushers and on the approach roads using sprinkler type br eak ing walls et c. are pro vided. The Bo ard issued a Show
roads to avoid dust emissions due to water tankers. Cause No tice dt. 15. 12.202 0 to t he Chief Engineer, vehicular movement. Po lavaram Irr igat ion Project fo r no n-co mpliance of
b) Provide cladding to primary crushers, d ir ectio ns issued by t he Bo ard Annexure - Ill).
secondary crushers, screens, dust tank etc.,
c) Wind breaking walls around crushers to
control dust emissions. Not complied.
b) To be provided
c) To be provided Not complied.
12. The PIP shall install Ambient Air Quality NEERI, Hyderabad has been conducting the Ambient Air A copy of the NEERI, December, 2020 report is enclosed for
Monitoring stations at BC colony, Quality tests by installing the equipment at i) BC colony, kind information (Annexure D).
Chandranna colony, Labour colony and ii) project site near Check post, iii) CWC office premises
project office and shall submit reports to iv) Irrigation quarters and v) Purushothapatnam village.
Regional Office, Eluru and MoEF regularly. Due to COVID-19 and prevailing lockdown conditions
and also as per the Government orders, the field work was not carried out in the months of April, May, 2020.
Due to heavy rains in this area the tests have not been done during September and October 2020.Now NEERI, Hyderabad began conducting field tests from 16u1 November,2020 and the reports will be submitted soon.
13. Drilling operations should be carried out using Complied with the suggestions made. Drilling operations Complied.
the machines equipped with dust extraction have been done using the machinery equipped with dust system only. extractions systems as directed by the committee.
4APPENDIX - II to the order dated 23.02.2021 in OA 857/2018
14. The stone crushers shall be provided with air Stone crushers are being operated as per the guidelines of Not complied.
pollution control systems as per central central pollution control board with valid consent of APPCB pollution control board (CPCB) guidelines and by taking precautionary measures of wetting the approach About 9 crushers are existing but without cladding and dust shall operate only with valid consent of APPCB. roads and premises frequently by the water tankers. containment measures and also without having CFO of the Board.
The Board issued a Show Cause Notice dt.15.12.2020 to the Chief Engineer, Polavaram Irrigation Project for non-compliance of directions issued by the Board (Annexure - III).
15. Avenue plantation and green belt shall be The Government of Andhra Pradesh have accorded Not complied.
developed in project area and surroundings as administrative sanction vide G.O.RT.No.35 dt.21.01.2020 per the conditions stipulated. (Annexure No.2) for Rs 306.5 Lakhs for "Raising of plantation and 3-year maintenance at Mulalanka dump yard". The Chief Engineer, PIPHW has accorded Technical sanction to the estimate vide proceedings no. CE/PIP1- 1W/DCE/OT-1/AEE-2/126SE Dated 21.01.2020. The Superintending Engineer, PIPHW Circle, Dowlaiswaram has addressed the Principal Chief conservator of Forests (HoFF), Andhra Pradesh, to issue necessary orders to the concerned Divisional Forest Officer (DFO) to take up the plantation at Mulalanka dump yard, Polavaram.
16. Internal Monitoring team (Environment A multi disciplinary committee with Superintending Engineer Not complied.
Cell) shall be constituted to monitor issues as the Convenor and Officials from State Forest department, pertaining to environment and pollution and Principal Scientist, Horticultural research station, No exclusive Environmental monitoring cell is formed. for ensuring implementationof the conditions Ambajipeta; Principal Scientist, Horticultural research specified by the MoEF and A.P. Pollution station ,Kovur, Head of Department of Zoology, Nannayya Control Board. university, Rajahmundry and Engineers of polavaram Irrigation project as members, is looking after implementation of the environmental issues along with other things .The committee has been submitting the reports on Environment and& Forest to MoEF regularly.
5