National Green Tribunal
Binapani Yubak Sangha vs 1. State Of Odisha Through Chief ... on 16 April, 2024
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.82/2024/EZ
IN THE MATTER OF:
Binapani Yubak Sangha , Gamlei,
P.O.-Tumkela, P.S.-Lahuinipada,
District-Sundergarh, Odisha,
Represented by its President,
...Applicant(s)
Versus
1. State of Odisha,
Through Chief Secretary, Government of Odisha,
Lokaseba Bhawan, At/Po-Bhubaneswar,
Distri-Khurdha, Pin - 751002,
2. District Collector, Sundergarh,
At/Po/Dist- Dhenkanal, Odisha
Pin - 759001,
3. Member Secretary,
Odisha State Pollution Control Board,
A/118, Unit-VII, Nilakantha Nagar, Bhubaneswar, Odisha,
Pin - 751012,
4. Divisional Forest Officer, Bonai,
At/PO/Dist- Bonai,
Pin - 755001,
5. The Member Secretary,
Central Pollution Control Board,
Parivesh Bhawan, East Arjun Nagar,
Delhi - 110032,
6. The Secretary,
Ministry of Environment and Forest Climate Change,
Indira Paryavaran Bhawan, Jorbag,
New Delhi-110003,
7. Deputy Director General of Forests (C),
Ministry of Environment, Forest and Climate Change,
Integrated Regional Office, Bhubaneswar,
A/3, Chandersekharpur, Bhubaneswar,
Pin - 751023,
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8. M/s Bhaskar Steel Alloys and Ferroalloys,
Represented by it's Director,
At - Badtumkela, P.O.-Rajamunda,
District-Sundergarh,
Pin - 770040,
...Respondent(s)
Date of hearing: 16.04.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate (in Virtual Mode) a/w
Mr. Ashutosh Padhy, Advocate (in Virtual Mode)
ORDER
1. Heard Mr. Sankar Prasad Pani, learned Counsel assisted by Mr. Ashutosh Padhy, learned Counsel appearing (in Virtual Mode) for the Applicant.
2. This Original Application has been filed by the Applicant praying that the Consent to Operate (CTO) and Environmental Clearance (EC) granted to the Respondent No.8, M/s Bhaskar Steel Alloys and Ferro Alloys, be suspended as the said Respondent is in violation of the conditions laid down therein with regard to taking steps for prevention of environmental pollution.
3. It is stated that the Respondent No.8 Unit was granted Environmental Clearance on 07.06.2021 for expansion of Steel Plant from 01. MTPA to 0.26 MTPA billets by changing the configuration of DRI kilns from (1x300 TPD to 1x350 TPD & 1x100 TPD), IF (from 4x8 tons to 4x12 tons & 1x3 tons), LF (from 1x20 tons & 1x15 tons to 1x20 tons, 1x15 tons & 1x16 tons), out of which 0.132 MTPA to be converted to TMT rods by CCM (from 4/7, 2 strand to 6/11, 3 strand), installing new Rolling Mill of 25 TPH along with CPP (WHRB) FROM 1x8 MW to 1x8 MW + 1x10 MW and CPP (AFBC) from 1x4 MW to 1x4 MW + 1xMW, located at Village- Badtumkela, Tahasil-Banei, District-Sundergarh, Odisha. 2
4. It is stated that the Respondent No.8 Unit is a Sponge Iron Plant with various units such as - DRI Kiln-1x300 TPD, (b) Captive Power Plant (CPP) 12 MW (8 MW WHRB+4 AFBC), (c) Induction Furnace- 4x8 T/H & Induction Furnace (1X3 T/heat) MS billets (d) Coal Sizer-200 TPH, (e) Iron Ore Crusher-100 TPH & (f) 1x10 TPH Slag Crusher.
5. It is further stated that pursuant to the complaint of the villagers of Gamlei dated 05.07.2023, the Unit was inspected on 11.08.2023 and 11.09.2023 by the officials of the State Pollution Control Board. The Inspection Report with observations therein has been filed (Anneuxre-3) (pages 50-51) to the Original Application, outlining the deficiencies and violations in prevention of environmental pollution, which reads as under:-
"INSPECTION REPORT OF M/S. BHASKAR STEEL & FERRO ALLOYS PVT. LTD., AT -BAD-TUMKELA, P.-TUMKELA, DIST- SUNDARGARH, ODISHA.
M/s Bhaskar Steel & Ferro Alloys (P) Ltd., At-Bad-Tumkela, PO- Tumkela was inspected on dtd. 11.08.2023 &11.09.2023 in connection with the public complaint received from Mr. Gajendra Sahu and other villagers of Gamlei and adjoining villages by this office vide E-mail dtd.05.07.2023 & dtd.01.09.2023. Mr. Sheikh Shafi, Asst. Vice President of the unit was present on the day of inspection.
Background:
The Board has granted consent to operate valid up to 31.03.2024 for manufacturing of (a) Sponge Iron- DRI Kiln-I x 300 TPD (b) Captive Power Plant (CPP) 12 MW (8 MW WHRB+ 4 MW AFBC) (c) Induction Furnace-4 x8 TM & Induction Furnace (1X3 T/heat) MS billets (d) Coal Sizer- 200 TPH, (e) Iron Ore Crusher-100 TPH & f) 1x10TPH Slag Crusher.
On the day of inspection Sponge Iron- DRI Kiln @1 x 300 TPD, Captive Power Plant (CPP)@12 MW (8 MW WHRB+ 4 MW AFBC), Induction Fumace@4 x8 T/H, Coal Sizer@200 TPH, Iron Ore Crusher @ 100 TPH and Slag Crusher @ 1x10 TPH were under normal operation. 3 Observations made during inspection:-
The industry has earmarked solid waste dump yard area of about 40.20acres. However the industry has not provided boundary wall all around the dump yard. The height of boundary wall was not adequate and dumps height is more than the provided boundary wall. The raw material storage yard is not properly earmarked.
The industry has not provided adequate Green belt and developed with plantation of suitable local species which leads to rain cuts on the solid waste dump area and washout is spreading to nearby areas.
The unit has total area about 67 acres out of which 16 acres of land has been earmarked for solid waste dumping yard adjacent to the factory premises. At present the generated char from the DRI section is used in the power plant boiler as a fuel. The generated fly ash is supplied to the nearby brick manufacturing units. Out of total earmarked area, about 13 Acres of land has already been fully exhausted by solid waste dumping. About 0.5 Acres of the land has been partially exhausted and about 2.5 Acres of vacant land is available inside dump yard for further dumping. However it was observed that the vacant patch of land is located towards the Village Bad-Tumkela, which is about 130 m away from the dump site. The village is located towards NE w.r.t. the factory and towards East direction w.r.t the dump site. They have not covered the inactive part of the dump with the soil. Partly garland drain has been provided at the toe inactive portion of the dump and connected to a settling pit. The settling pond was in defunct condition and heavy silt was deposited.
The industry has dumped solid waste near the plot No.566 of Khata No. 21 of Muoza luthurba which may cause spreading of dolochar to the nearby agriculture field which is located adjacent to the dump site.
The inactive dump yard has not been properly reclaimed by spreading layer of soil with proper compaction, consolidation and plantation which is leading to dust being air borne and creating air pollution in the area. Run-off water of the dump yard flows down to nearby low lying area and during inspection the earthen pond was filled with shrubs and sludge. No garland drain and settlement and treatment pit was there.
Visible dust laden flue gas leakages were observed from inlet & outlet slip seals of DRI kiln-I. 4 Fugitive dust emissions were observed from the Cooler Discharge and Raw material Feed circuit areas indicating poor performances of the installed bag filters.
Visible fugitive emission was also observed from various transfer points of raw materials and product handling areas. Mud accumulations were observed on approach road and near main entry gate leading to poor housekeeping in the work zone areas.
Housekeeping near ESP silo area and bag filters area was not satisfactory.
The inactive part of the dolochar dump site has not been properly leveled and covered with soil. You have not provided adequate dust sprinkling system at active part of the dump yard to prevent dust nuisance and you have not also provided garland drain all along dolochar dump site.
Installed wheel washing system was in defunct condition which is leading to dust accumulation on the internal road causing poor housekeeping.
You have dump solid waste materials like dolochar on the National High way NH-143 near the Luthurba (nearer to Brahmani river) without obtaining prior permission from Board and during inspection it was observed that there is every possibilities of washout to the nearby agriculture fields from the solid waste dump site during rainy day. You have not covered with layer of soil on the solid waste dump area. You have not provided adequate storage facility with spillage contamination facility for storage of hazardous waste materials inside the plant premises.
Conclusion:-
In view of the above observation made during inspection and non compliance to the Consent to Operate, suitable direction may be issued to the industry for necessary compliance."
6. It is stated that the Expert Appraisal Committee in its meeting held on 25-27th January, 2021, had made the following observations which are outlined in para 6 of the Original Application, which reads as under:-
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"i. As per the RO report, the facilities namely for 50 TPH Dry Coal separator, 10 TPH slag crusher, 3 T/Heat of Induction furnace (IF) for production of M.S. Billets of capacity 2700 TPA, coal sizer of 200 TPH and iron ore crusher of 100 TPH have been established and operated at the site except dry coal separator based on the Consent issued by Odisha Pollution Control Board without obtaining prior Environment Clearance. The committee was of the view that dry coal separator and coal sizer is a part of iron ore beneficiation process and PP could have obtained EC prior to the establishment of the same. For the remaining facilities established, EC may not be required under the purview of EIA, 2006.
ii. As per Ministry's O.M. No. J-11015/286/2007-IA.II(I) dated 7/2/2020, any specific non-compliance singled out while the project is being appraised by the EAC, the concerned sector shall issue Show Cause Notice.
iii. TOR point # 9 pertaining to Corporate Environment Policy has not been addressed in EIA Report.
iv. The issues raised during the public consultation in verbatim by each stake holder and action plan to address the same in physical terms as mandated under MoEF&CC O.M. dated 30/09/2020 have not been furnished in EIA report.
v. Action plan for green belt development covering 40% of the project area has not been furnished.
vi. Details of the pollution control devices to achieve 30 mg/Nm3 particulate emission has not been furnished. vii. Parking area for 200 trucks shall be provided and the area shall be indicated on the layout drawing.
viii. Details of OHS center to be established shall be furnished. Details of activities to be completed in Rs. 2.1 Cr budget shall be explained.
ix. Capacity of fly ash brick manufacturing plant shall be furnished. x. Chapter 5 of EIA report - Analysis of alternate technology needs to be explained.
xi. Action plan for providing impervious lining for raw material stockpiles and garland drains around the stock piles shall be submitted."
7. It is stated that inspite of the observations noticed in the Inspection Report, no action has been taken against the Unit of Respondent 6 No.8. It is also stated that the capital cost of the Project is 270 crores and the capital cost for environmental protection measures is proposed is 13.4 crores.
8. It is alleged that there is open dumping of Fly Ash; Iron Fines along the road side without any measures to prevent dust fugitive; during monsoon waste water from the dump yards damages the adjoining agricultural lands of the villagers; black dust from the Unit use to spread in a layer over water bodies of adjoining villagers and Brahmani river; the Unit does not have adequate green belt of 33% of the Plant area; untreated water is being continuously discharged; air and dust pollution during non-monsoon days is rampant and unbearable; there is high emission from the ESP; there is leakage of flue gases from the kiln; bag filter at the product house location was not functional; there is no system for waste water recycling and treatment and there is no system for disposal of char and fly ash.
9. We are not inclined to interfere in the Original Application at this stage as we are satisfied that the State Pollution Control Board is itself seized of the matter and we do not want the State Board to be influenced by any findings that we may record in the present proceedings.
10. Mr. Sankar Prasad Pani, learned Counsel for the Applicant submits that there is another issue in the present Original Application, namely, illegal filling up of village pond near the Nuapada Village School by dumping of the pond with debri/dolochar/fly ash/waste material by the Respondent No.8 Unit.
11. Photographs have along been filed along with the Original Application at page no.71 in support of the averments with additional photographs from pages 71 to 76.
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12. In our view, at the cost of repetition, since the Odisha State Pollution Control Board is already seized of the matter and inspection has also been carried out, interference at this stage may only influence the proceedings already pending before the State Board. The Applicant may approach the Odisha State Pollution Control Board with respect to his grievance and if he does so, we expect the State Board to address this part of the issue as well with regard to the alleged filling up of the pond in the light of the photographs filed with the Original Application.
13. With the aforesaid directions, the Original Application No.82/2024/EZ is accordingly disposed of.
14. I.As, if any, stand disposed of accordingly.
15. Mr. Dipanjan Ghosh, learned Counsel who is present in Court, is directed to accept notice on behalf of the Odisha State Pollution Control Board and communicate this order of the Tribunal to the State Board.
16. There shall be no order as to costs.
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B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM April 16, 2024, Original Application No.82/2024/EZ AK 8