National Green Tribunal
Shivpal Bhagat vs Union Of India on 12 September, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 104/2018
Shivpal Bhagat & Ors. Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 12.09.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Devashish Chauhan, Advocate for Applicant No. 1
Respondent(s): Mr. Raj Kumar, Advocate for CPCB
Mr. Gopal Jain, Senior Advocate with Mr. Naman Joshi & Mr. Saket
Sikri, Advocates for JSPL & JPL
Mr. Amit Singh Pasrich & Mr. Karan Bahmani, Advocates for
Ambuja Cement
Mr. Raunak Jain, Advocate for Mahavir Energy Coal
Benefication Ltd.
ORDER
1. The issue for consideration is the remedial action against pollution caused by the Thermal Power Plants and Coal washeries in Tamnar and Gharghoda blocks of Raigarh District in Chhattisgarh, including M/s Ambuja Cement Limited Coal Mine (GP IV/8) and M/s Mahavir Energy and Coal Benefication Limited, M/s TRN Energy Private Limited, Nawapara Raigarh, M/s Hindalco Industries Limited Coal Mine, , M/s Jindal Steel & Power Limited, Dongramau, Tamnar, M/s Chhattisgarh State Power Generation Company Limited and M/s Jindal Power Ltd., Tamnar.
12. According to the applicants, operation of said units is resulting in contamination of air, water and land and having adverse impact on the environment and the habitants. Water and soil have toxic metals, having potential for health hazard, requiring monitoring of emissions, making the polluters accountable and regulating the polluting activities. Further, in view of dust pollution due to absence/insufficient roads, PWD has to take remedial action. In view of damage caused to the health, Health Department of the State is to hold health camps and provide health facilities to the victims.
3. The matter has been dealt with earlier in the last more than four years and factual reports have been submitted by statutory regulators based on which the Tribunal has directed remedial action. Adequacy of such action and further directions are to be determined.
4. Vide order dated 24.06.2021, the compliance status was reviewed in the light of the report of the CPCB dated 16.04.2021, after conducting field visit. The Tribunal accepted the recommendations in the said report and directed the State PCB to prepare list of areas where fly ash was being unscientifically disposed of and take remedial action. The Tribunal also reconstituted the Committee, so as to be headed by a former Judge of the High Court to ascertain compliance status as on 30.11.2021 and to file a report before this Tribunal before 15.12.2021.
5. Accordingly, report of the Oversight Committee dated 16.01.2022 was filed before this Tribunal which was dealt with by order dated 15.02.2022. The Committee also assessed the compensation for the violations. Considering the said report, the Tribunal held that compensation was not adequate and carrying capacity study needs to be expedited. Assessed compensation was directed to be paid as interim 2 measure. Conclusion and recommendation in the order dated 15.02.2022 are as follows:-
"1to18...xxx...................................xxx....................................xxx
19. Above resume of discussion shows that there is continued damage to the environment and public health by indiscriminate storing, transportation and disposal of fly ash in District Raigarh in Chhattisgarh. Remedial action has been duly identified in form of short-term and long-term measures but the action so far taken is not adequate. Absence of health facilities for the victims is unfortunate and needs to be remedied. Absence of suitable roads in the area added to the problem in the form of continued air pollution and even road accidents. This needs to be remedied by the concerned departments, including PWD and health Departments of the State. The industrial units have failed to follow the laid down environmental norms as per EC/Consent conditions which include requirement to comply with the Water and Air Acts. Wherever CCTV camaras and CAAQMS have still not been installed, the same need to be complied.
20. To sum up, our directions are:
(a) The State of Chhattisgarh and concerned Industrial units may deposit assessed compensation as interim compensation within two months, to be utilised for restoration of the environment, as per plan to be got prepared and executed by the Committee.
(b) Remedial measures be taken by the CPCB, State PCB, State of Chhattisgarh and the concerned Industrial units and the authorities in the light of report of the Committee and observations of this Tribunal, hereinabove.
(c) The State PCB may put the concerned industrial units to notice of these proceedings other than those who have put in appearance in the light of observations in Para 16 above, to enable the State and such units to file their response, if any.
(d) In the light of order of this Tribunal dated 18.01.2022 in OA No. 164/2018, Ashwani Kumar Dubey vs. Union of India & Ors. quoted above in Para 13, compensation may be redetermined, subject to final orders of the Hon'ble Supreme Court in Appeal, if any, filed by the affected parties.
(e) Having regard to aggravated adverse impact of the fly ash during the summer season, the State PCB may take appropriate remedial safeguards by issuing appropriate directions to the Project Proponents in question on the subject.
For suppression of fly ash dust emissions, sprinkling be ensured utilising treated water and refraining from use of ground water or fresh water in view of already depleted level of groundwater.
(f) In view of order of this Tribunal in OA No. 164/2018, Ashwani Kumar Dubey vs. Union of India & Ors., quoted earlier, TPPs and other projects have to install requisite devices, take steps for timely utilization of disposal of fly ash, scientific designing of fly ash dykes, address issues relating to public health and restoration of deteriorated environment, providing water 3 supply to affected persons and higher-level monitoring by the statutory regulators. Fly Ash Management and Utilization Mission constituted by the Tribunal headed by the Secretary, MoEF&CC may also look into the issues with regard to fly ash management and utilization in Raigarh District. There has to be executable time bound plan to remove fly ash in Raigarh District for which a road map be prepared by the joint Committee and may also be overseen by the Mission in its next meeting, in coordination with concerned authorities.
(g) Consistent with the Notification dated 31.12.2021 issued by the MoEF&CC, audit of fly ash generation and management be got conducted within three months in respect of each unit generating fly ash in Raigarh District.
(h) CPCB may issue necessary guidelines to all PCBs/PCCs on determination of compensation in the light of observations in para 12 above.
(i) Any other victim of Raigarh District adversely affected by the operation of the TPPs with respect to fly ash in Raigarh District to put forward their claim, if any, with the District Magistrate, Raigarh, within two months which may be looked into by the joint Committee.
(j) The District Environment Plan of Raigarh District may cover all above aspects appropriately so as to be addressed in execution of District Environment Plan in association with stakeholders.
(k) The joint Committee may ensure that there is effective monitoring mechanism to address the issues on continuous basis."
6. In pursuance of the above, report of the CPCB dated 03.08.2022 has been filed giving the compliance status in respect of each of the directions as follows:-
"Direction-
(a) The State of Chhattisgarh and concerned Industrial units may deposit assessed compensation as interim compensation within two months, to be utilized for restoration of the environment, as per plan to be got prepared and executed by the Committee.
Status-
Chhattisgarh Environment Conservation Board has issued Notices to State PWD, Health Department and concerned units on date 03.03.2022 to deposit the assessed compensation.
The status of compensation deposit/ appeal filed is as under -
S. Name of EC/Penalty/Fine Action
No. industry/department amount in Rs. Taken
4
01 Principal Secretary, Public 1,00,00,000/- Not Deposited
Works Department,
Chhattisgarh Government
02. Principal Secretary, State 1,00,00,000/- Not Deposited
Health Department,
Chhattisgarh Government
03. M/s TRN Energy Private 1,82,40,600/- Appealed in
Limited, Nawapara, Hon'ble
Raigarh Supreme
Court
04. M/s Mahavir Energy and 1,42,90,000/- Not Deposited
Coal Benefication limited
05. M/s Hindalco Industries 2,09,40,000/- Appealed in
Limited Coal Mine Hon'ble
Supreme
Court
06. M/s Ambuja Cement 75,90,000/- Deposited
Limited Coal Mine (GP
IV/8)
07. M/s Jindal Power Limited 48,30,000/- Deposited
Tamnar
08. M/s. Jindal Steel & Power 11,70,000/- Deposited
Limited, Dongramau,
Tamnar
09. M/s Chhattisgarh State 75,90,000/- Appealed in
Power Generation Hon'ble NGT
Company Limited
Direction-
(b) Remedial measures be taken by the CPCB, State PCB, State of Chhattisgarh and the concerned Industrial units and the authorities in the light of report of the Committee and observations of this Tribunal.
Status-
The joint committee has made field visits on 25th May and 12-13th July 2022 to assess the status of compliance of the report submitted by Oversight Committee. The status of compliance is as under-
1. All the coal mines of Tamnar and Gharghoda area has installed CCTV system to monitor the loading and covering status of trucks transporting the coal from Coal Mines.
2. CSPGCL Coal Mines (Gare Pelma Sector-III) - In compliance of Oversight Committee direction mine authorities have maintained minimum distance of 50 meters on both side the road and constructed physical barrier of steel sheets mounted on iron structure. The mine authorities have also provided garland drain with settling tanks around the OB dump site. In compliance of EC and consent conditions mine authorities have installed 02 5 CAAQMS in mine area which was found operational and process of its connectivity with CPCB and CECB server was in progress. It was informed by the committee to mine authorities for submission of clarification for factor of safety and suitable geometry of inpit and external dump design by scientific agency to DGMS office, Raigarh.
3. M/s Ambuja Cement Coal Mines ( Gare Pelma Sector IV/8)- In compliance of Oversight Committee direction mine authorities have maintained minimum distance of 50 meters on both side the road and constructed physical barrier of steel sheets and cloth sheet mounted on iron structure which seems to be not more effective. The height of physical barrier was also found less than 3 meter and not of enough strength. In compliance of EC and consent conditions mine authorities have installed 01 CAAQMS in mine area which was found operational and process of its connectivity with CPCB and CECB server was in progress. It was informed by the committee to mine authorities for obtaining study report about factor of safety of OB dump with suitable geometry of inpit and external dump design from any Institute of repute and submit to DGMS at earliest.
Mine authorities has deposited the amount of EC ordered by Hon'ble NGT.
4. M/s Hindalco Industries Limited-Coal Mines (Gare Pelma IV/4 &5)- In compliance of EC and consent conditions mine authorities have installed 01 CAAQMS in mine area which was found operational and process of its connectivity with CPCB and CECB server was in progress. It was informed by the committee to mine authorities for obtaining study report about factor of safety of OB dump with suitable geometry of inpit and external dump design from any Institute of repute and submit to DGMS at earliest. Mine authorities has reported about continues supply of drinking water to Kondkhel Village.
5. Chhattisgarh Environment Conservation Board has also provided 04 CAAQMS in villages of Ghraghoda and Tamnar i.e. Kunjemida (01), Millupara (01), Chhal Mine Township (01) and Punjipatra (01). JSPL Mine (GP IV/01) has installed 01 CAAQMS, JSPL-CPP, 03 CAAQMS and Jindal Power Plant 04 CAAQMS. As on date total 16 CAAQMS are operational in Tamnar and Gharghoda area but SECL has not installed any CAAQMS in their operational mines in this area irrespective of the condition in EC and Consent.
6. M/s IRCON has developed 05 Railway coal siding in the area, out of that 04 been operational and 01 to be operational shortly. The operational coal sidings are located at Korrichapar, Gharghoda, Dharmajaygarh and Bhallumuda. Development of these coal sidings may be useful in reducing by road coal transportation.
7. The representative of state PWD has submitted the details of work being undertaken in compliance Hon'ble NGT Direction. The committee has also visited the construction site but no significant progress was observed.
6 Construction of bitumen road from Jampali to Gharghoda - total length 19 km - work order issued on 02.08.2021- target completion date - November-2022. (Action by - State PWD- but no progress was observed till 30.06.2022).
Construction of bitumen road from Raigarh to Dharmanjaygarhtotal length - 56 km - work order issued on 10-01-2022, target completion time - 36 months i.e 10.01.2025 (Action by - State PWD- but no progress was observed till 30.06.2022) Construction of CC road - Panjipatra - Tamnar- Millupara- total length-23 km, under tendering process. (Action By- State PWD but no progress was observed till 30.06.2022)
8. Chhattisgarh Environment Conservation Board has placed order for Carrying Capacity study to Dr. Praveen Chandra Shukla, Assistant Professor, Department of Mechanical Engineering, Indian Institute of Technology Bhilai, CEC Campus, Sejbahar, District, Raipur. CECB is in process of compiling the monitoring data as required by IIT, Bhilai.
9. Collector Raigarh has issued order on 24-03-2022 to M/s OP Jindal Fortis Hospital for providing free health checkup and treatment facility to villagers of Gharghoda, Dehrideeh, Tenda Nawapara, Millupara, Khamaria, Kunjmura, Dongamahua, Gare, Dolesara, Saritola, South Regaon, Dhaurabhata, Sarasmal, Rodopali villagers and other nearby villagers. The committee has visited O.P. Jindal Fortis Hospital and found the hospital operational with only 03 Doctors and limited paramedical staff.
CMHO Raigarh have organized number of health camps in the Tamnar & Gharghoda area for checkup and treatment of villagers from Tenda Nawapara, Dehrideeh, Millupara, Khamria, Dongmahua, Regaon, Sarasmal, Dhaurabhatha, Kunjemura, Saraitola Rodopali, Gare, and Dolesara Villages. Details of health camp organized is under-
S. No. Month of Health Camp Number of residents benefitted 1. November 2021 594 2. December 2021 344 3. January 2022 698 4. February 2022 840 In the above said context CMHO, Raigarh vide letter dated 12.07.2022 has informed that the reports obtained from health camps indicate about no impact on health of villagers due to operation of mines and industries. Copy of the report is placed at Annxure-01.
Direction-
7(c) The State PCB may put the concerned industrial units to notice of these proceedings other than those who have put in appearance in the light of observations in Para 16 above, to enable the State and such units to file their response, if any.
Chhattisgarh Environment Conservation Board has issued letters on date 03.03.2022 to all concerned units for filing their response if any within one month.
As per information provided CECB, PS PWD and PS Health Department of Chhattisgarh Government has not filed any response on direction of Hon'ble NGT, however M/s TRN Energy and M/s HINDALCO Coal Mine and M/s Mahaveer Energy and coal benefication have made appeal in Hon'ble Supreme Court. Chhattisgarh State Power Generation Company Limited has filed review appeal before Hon'ble NGT.
Direction-
(d) In the light of order of this Tribunal dated 18.01.2022 in OA No. 164/2018, Ashwani Kumar Dubey vs. Union of India & Ors. quoted above in Para 13, compensation may be redetermined, subject to final orders of the Hon'ble Supreme Court in Appeal, if any, filed by the affected parties.
Status-
Redetermination of compensation may be made after final orders of the Hon'ble Supreme Court in appeal filed by M/s TRN Energy and M/s HINDALCO Coal Mine and M/s Mahaveer Energy and coal benefication.
Direction-
(e) Having regard to aggravated adverse impact of the fly ash during the summer season, the State PCB may take appropriate remedial safeguards by issuing appropriate directions to the Project Proponents in question on the subject. For suppression of fly ash dust emissions, sprinkling be ensured utilizing treated water and refraining from use of ground water or fresh water in view of already depleted level of groundwater.
Status-
Chhattisgarh Environment Conservation Board, Regional officer, Raigarh has issued notices to project proponent in question to ensure proper operation of sprinklers for suppression of fly ash during summer season. The committee has also directed RO, CECB, Raigarh, for conducting surprise inspections of the site and submit inspection report with photographs.
Direction-
(f) In view of order of this Tribunal in OA No. 164/2018, Ashwani Kumar Dubey vs. Union of India & Ors., quoted earlier, TPPs and other projects have to install requisite devices, take 8 steps for timely utilization of disposal of fly ash, scientific designing of fly ash dykes, address issues relating to public health and restoration of deteriorated environment, providing water supply to affected persons and higher-level monitoring by the statutory regulators. Fly Ash Management and Utilization Mission constituted by the Tribunal headed by the Secretary, MoEF&CC may also look into the issues with regard to fly ash management and utilization in Raigarh District. There has to be executable time bound plan to remove fly ash in Raigarh District for which a road map be prepared by the joint Committee and may also be overseen by the Mission in its next meeting, in coordination with concerned authorities.
Status-
As per fly ash utilization report (April 2021-March 2022) submitted by Chhattisgarh Environment Conservation Board the overall scenario of ash utilization is as under.
Sl. No Ash Detail Quantity in MT Percent
Utilization
01 Ash Generation 1,29,31,334 NA
02 Supply to cement 2,79,988 2.0
plant
03 Brick making plant 8,03,206 6.2
04 Land filling 14,45,439 11.17
05 Ash Dyke raising 9,68,943 7.5
06 Agriculture 00 Nil
07 Mine filling 53,28,926 41
08 Road making/other 10,69,821 8.27
09 Total Utilization 98,96,325 76.53
10 Unutilized fly ash 30,35,009 23.47
Out of 41% utilization of mine filling, 35% only is disposed in coal mine by Jindal Power Limited and Jindal Steel and Power Limited. Rest 6% utilization could not be technically classified. In financial year 2021-22 total ash disposed on land is 1445439 MT which is not in consonance with permission issued i.e. for 10,15,000 MT. It indicates illegal /unscientific disposal of 430439 MT ash on land in the name of low lying area in year 2021-2022. In financial year 2021-2022 Chhattisgarh Environment Conservation Board, Raigarh has issued permission for disposal of 10,15,000 MT fly ash filling in low lying area/in stowing of abandoned mines/quarries, out of that permission for disposal of fly ash 5,25,000 MT (50 % approximately) has been issued to those industries which are not located in District, Raigarh. It was observed during visit that there are so many heaps (height 1020 Meters) of fly ash created in last 10 years due to 9 indiscriminate disposal of ash without any permission/information to concerned authorities. Most of those are located either with in the premises of industries or on the land in their name. The concerned industries are confident that no permission is required for storing ash on their land.
Utilization of fly ash in manufacturing of brick is also one of the main option for disposal. General Manager, District Industries Centre, Raigarh has provided list of established fly ash bricks manufacturing industries which is placed at Annexure-02. Chhattisgarh Environment Conservation Board has also provided list fly ash bricks manufacturing plant in house established by the industries located in Raigarh which is placed at Annexure-03. As per the list provided by DIC and CECB total installed production capacity of fly ash bricks in Raigarh comes to around 113 crores bricks per year. It indicates that if all fly ash bricks plants of Raigarh operates on full production capacity an approximate quantity of 10-11 lakhs MT of fly ash may be utilized by this sector which is at present only 8 lakhs MT.
In order to prepare executable action plan authentic information about quantities of fly ash generation per year, coal mined per year, disposal in low lying area per year and legacy fly ash disposed on land in last 10 years shall be required to define best mode of disposal to be adopted. In this context list of fly ash brick manufacturing industries with their capacity has been prepared. State mining department is yet to provide total annual quantity of coal mined in Raigarh. State Pollution Control Board to provide list of locations where fly ash had been dumped in the form of heap and its quantity. Joint committee has formulated draft action plan and needs data to finalize. The completion of plan may take more time and it is requested to grant 3 months time for submission of action plan.
Direction
(g) Consistent with the Notification dated 31.12.2021 issued by the MoEF&CC, audit of fly ash generation and management be got conducted within three months in respect of each unit generating fly ash in Raigarh District.
In compliance with Notifications dated 31.12.2021 issued by MoEF&CC, CECB has issued notice to all industries of Raigarh District for submitting audit report of fly-ash generation and management on or before 15.05.2022.
It was observed during 2nd meeting that industries of Raigarh are not serious on direction only 22 industries has submitted the audit report as on 30.06.2022. The quality of audit reports were not found technically sound and containing hypothetical figures to match 100 percent utilization. It was observed through reports that agreement made with fly ash brick plants is not authentic as it do not contains details of brick plant like industries department registration number , brick manufacturing capacity, quantity of fly ash required and number of industries with whom the brick plant has made agreement. In case of disposal of fly ash in low lying areas the industries has not submitted details of location where fly ash had been dumped and also not provided copy of permission for disposal of fly ash. It is 10 understood with the process observed that responsibility of fly ash disposal in Raigarh district lies on transporters only. The list of industries submitted the audit report is as under-
Sl. No Name of the industry Status Observation 01 M/s Jindal Power, Tamnar, Raigarh Submitted Satisfactory 02 M/s Jindal Steel & Power, Submitted Satisfactory Dongamahua, Raigarh 03 M/s Singhal Enterprises, Taraimal, Submitted Not Raigarh Satisfactory 04 M/s Singhal Energy Pvt. Ltd. Taraimal, Submitted Not Raigarh Satisfactory 05 M/s Shri ShyamIspat Pvt. Ltd, Raigarh Submitted Not Satisfactory 07 M/s B.S.Sponge Pvt. Ltd. Taraimal, Submitted Satisfactory Raigarh 08 M/s Raigarh Ispat& Power Ltd, Delari, Submitted Not Raigarh Satisfactory 09 M/s NavDurga Fuel Pvt. Ltd. Saraipali, Submitted Not Raigarh Satisfactory
10. M/s Shri Rupanadham Steel Pvt. Ltd, Submitted Not Satisfactory Saraipali, Raigarh 11 M/s Anjani Steel Limited, Ujalpur, Submitted Not Raigarh Satisfactory
12. NTPC Larra Super Thermal Power Submitted Not Satisfactory Station, Chhapora, Raigarh
13. M/s Inds Synergy Limited, Kotmar, Submitted Not Satisfactory Raigarh
14. M/s Raigarh Energy Generation Submitted Not satisfactory Limited, Bade Bhandar, Raigarh
15. M/s JSPL, Patarapali, Raigarh Submitted Satisfactory
16. M/s R. R. Energy, Garumaria, Raigarh Submitted Not Satisfactory
17. M/s Sky Alloys Pvt. Ltd. Tememta, Submitted Not Satisfactory Raigarh
18. M/s Nalwa Steel & Power, Taraimal, Submitted Not Satisfactory Raigarh
19. M/s Maa Kali Alloys, Pali, Raigarh Submitted Not Satisfactory
20. M/s MSP Sponge Iron Ltd. Manupali, Submitted Not Satisfactory Raigarh
21. M/s MSP Steel & Power Ltd. Jamgaon, Submitted Not Satisfactory Raigarh
22. M/s N.R. Ispat& Power pvt. Ltd. Submitted Not Satisfactory Gourmudi Raigarh
23. M/s JSW Ispat Ltd. Naharpali, Raigarh Not Submitted
24. M/s Rukmani Power & Steel Kunkuni, Not Submitted Raigarh 11
25. M/s Rameshwar Steel & Power Ltd. Not Submitted Bade Gumda, Raigarh
26. M/s Salasar Sponge & Power Gerwani, Not Submitted Raigarh
27. M/s TRN Energy Pvt. Limited Bhengari, Not Submitted Raigarh
28. M/s S K S Power generation Binjkot, Not Submitted Raigarh Note- Not Satisfactory- Submitted audit report indicates disposal of fly ash in low lying area but location of disposal is not mentioned.
Direction-
CPCB may issue necessary guidelines to all PCBs/PCCs on determination of compensation in the light of observations in para 12.
Status-
Concerned division of CPCB is in process to formulate the guidelines for the same.
Direction-
(i) Any other victim of Raigarh District adversely affected by the operation of the TPPs with respect to fly ash in Raigarh District to put forward their claim, if any, with the District Magistrate, Raigarh, within two months which may be looked into by the joint Committee.
Joint Committee has directed Collector Raigarh for taking necessary action in disposal of the claims. In the meeting CECB has informed that about 931 claims have been received in Collector office and the same is being processed for verification and evaluation.
Direction-
(j) The District Environment Plan of Raigarh District may cover all above aspects appropriately so as to be addressed in execution of District Environment Plan in association with stakeholders.
Status-
As per district environmental plan of Raigarh, there are 10 operational coal mine which may use much quantity of fly-ash generated in District- Raigarh. Out of these 10 coal mines only 02 mines are utilizing fly-ash in backfilling process after obtaining EC and permission from DGMS. Ministry of Environment Forest and Climate Changes has issued guideline on 28th August, 2019 regarding exemption of requirement of any change in Environmental clearance of thermal power plants and coal mines along with the guidelines to be fallowed for such disposal.
In this context grant of permission from DGMS to coal mine seems to be more useful option for improving utilization of fly-ash in Raigarh District. The representative of district administration has ensured to cover all the 12 aspect in District Environment Plan after finalization of time bound action plan by the committee.
Direction
(k) The joint Committee may ensure that there is effective monitoring mechanism to address the issues on continuous basis.
Status-
The joint committee has discussed the issue of effective monitoring mechanism and suggest the following for further action by concerned on continuous basis.
Chhattisgarh Environment Conservation Board, Regional Office, Raigarh shall make fly-ash management wing of appropriate members dedicated for field inspection and reporting. The competent authority of CECB shall provide required man power for the same urgently.
The fly-ash management cell shall visit all Thermal Power Plants, Coal Mines and Low-lying disposal projects once in fortnight to ensure implementation of SOP in Low-lying area disposal projects, check illegal disposal of fly-ash in Raigarh District, covered transport of fly-ash and utilization of fly-ash in backfilling of coal mines and mixing with OB dump. District administration shall develop portal/mobile app/Whatsapp link to facilitate public for providing information about illegal dumping of fly-ash and submit their grievances about fly-ash management in Raigarh. Strict action within 24 hrs shall be ensured by district administration on complaints received on portal/mobile app/whatsapp with information to complaint about action taken.
The Joint Committee will convene monthly meeting at Raigarh and Chhattisgarh Environment Conservation Board will submit monthly progress report for fly-ash management in the meeting.
Recommendations-
1. As per MoEF&CC notification dated 31.12.2021, Chhattisgarh Environment Conservation Board shall constitute a committee for the purpose of resolving disputes between thermal Power plants and user of ash or manufacturer of ash based products and ensure that ash is made available free of cost to fly ash brick manufacturing industries.
2. MD, SECL, Bilaspur may be directed to ensure compliance of CAAQMS installation in their mines located in Raigarh and also increase coal transportation by rail as Railway Department have made 04 operational coal siding in Raigarh.
3. In order to prepare executable action plan authentic information about quantities of coal mined per year and legacy fly ash disposed on land in last 10 years shall be required to define best mode of disposal to be adopted. Hence Mining department, Raigarh may be directed to provide year wise data of coal mined in Raigarh and Chhattisgarh Environment Conservation Board to provide data of legacy fly ash disposed on land in last 10 years with location and co-ordinates."
137. We have taken up the matter for further consideration. Learned counsel for the applicant and CPCB submit that compliance status as per report dated 3.8.2022 be accepted, order dated 5.2.2022 be made absolute and further action in terms of the said order be taken. It is also pointed out on behalf of the applicant that since a railway network is available, the same be utilized instead of transporting fly ash by road.
8. Some of the Project Proponents have entered appearance to contest liability to pay compensation and also to state that compensation has been paid without prejudice to the remedies before the Hon'ble Supreme Court.
We also note that certain objections against proposed enhancement of compensation have been filed but the same have not been pressed during the hearing possibly in view of the fact that the matter is now pending before the Hon'ble Supreme Court.
9. We note that some of the aggrieved parties have preferred appeals against order of this Tribunal dated 15.2.2022 which are pending before the Hon'ble Supreme Court. Notice has been issued but no stay granted.
Thus, we proceed to finalise the matter subject to further orders in the said appeals. We make the order dated 15.2.2022 absolute and accept the report dated 3.8.2022. The report shows that compliance of certain directions has been deferred to await orders of Hon'ble Supreme Court. Let the said issues, including determination of higher compensation be finalised, subject to orders of Hon'ble Supreme Court.
10. Any surviving grievance may be looked into by the State PCB and other statutory authorities as per law, consistent with the orders of this Tribunal, subject to further orders of the Hon'ble Supreme Court. PCB and other concerned Authorities may also carry out recommendations of the joint Committee to avoid any further environmental damages. The District 14 Magistrate may deal with the applications of the aggrieved farmers, as per law, subject to orders of the Hon'ble Supreme Court.
The application will stand disposed of in above terms.
A copy of this order be forwarded to the State PCB and District Magistrate, Raigarh by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM September 12, 2022 Original Application No. 104/2018 A 15