National Green Tribunal
1. Santanu Kumar Bhukta S/O Golak Bhukta vs 1. M/S Gm Iron And Steel Coompany Ltd ... on 22 August, 2022
Item No. 05 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No.45/2022/EZ
Santunu Kumar Bhukta & Anr. Applicant(s)
Versus
GM Iron & Steel Company Ltd. & Ors. Respondent(s)
Date of hearing: 22.08.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Sankar Prasad Pani, Advocate
For Respondent(s) : Mr. Rachit Lakhmani, Advocate for R-1, (in Virtual Mode)
Mr. Rajesh Tripathi, ASC for State of Odisha,
Mr. Dipanjan Ghosh, Advocate for R-4,
Mr. Surendra Kumar, Advocate for R-9,
Mr. Debasish Ghosh, Advocate for R-10&11, (in Virtual Mode)
ORDER
1. Mr. Sankar Prasad Pani, learned Counsel is present for the Applicants.
2. One affidavit dated 19.08.2022 has been filed on behalf of the Respondent No.4, Odisha State Pollution Control Board; the same is taken on record.
3. One counter-affidavit also dated 19.08.2022 has been filed on behalf of the Respondent No.3, Additional District Magistrate, Dhenkanal; the same is taken on record.
4. One rejoinder affidavit dated 20.08.2022 has been filed on behalf of the Applicants; the same is taken on record.
5. Along with its affidavit dated 19.08.2022, the Odisha State Pollution Control Board has also filed an Inspection Report of an inspection carried out on 08.06.2022. The Observations and Recommendations of the Report are extracted herein below:-
1"Observations during visit:
1. During surprise joint visit conducted on 08.06.2022 none of the unit of the industry was in operation. All units were shut down and under maintenance. Therefore, stack and ambient air quality monitoring (AAQ) couldn't be conducted on the day of joint visit. Further due to continuous rainy days, joint stack and AAQ monitoring of the industry couldn't be schedule and conducted.
2. About 70% of the internal roads have been concreted.
Remaining 30% of internal road of length 350m (Approx.) from water treatment plant to labor hutment in SW corner is to be done.
3. All internal drains found clean during visit.
4. 20% (Approx.) of fallen boundary wall along Gambharia Nallah was observed to be repaired.
5. Industry has installed IP Camera on the roof of control room of 350 TPD DRI unit (Lat: 20 59'50''N, Long: 85, 1624.60''E).
6. Industry has installed mechanized wheel washing system with effluent treatment and recycling facilities at the exit gate.
7. Industry has installed digital display board at the entrance gate for display of environmental related information for public view.
8. No direct discharge of any wastewater from plant premises to outside or Gambharia Nallah during joint inspection, the industry shall take necessary measures to avoid flow of contaminated surface runoff from the plant are to outside.
9. Industry has repaired online stack emission monitoring system (CEMS) for measurement of particulate matter and gaseous pollutants at the common stack of 350 TPD DRI and AFBC unit and another continuous stack emission monitoring system (EMS) at the stack connected to the 100 TPD DRI kiln. Since plant was under shut down performance of the CEMS couldn't be verified.
10. Industry has its solid waste dump area in the north-west corner of the plant premises. It was observed that waste of the dump area spread over adjoining agricultural land. In this regard, industry shall provide boundary wall of 2 adequate height to contain the waste from getting spread nearby areas.
11. It was observed that industry has provided earth cover over top of the solid waste dump site, however, no earth cover was observed along slope of the dump. Boundary wall around the solid waste dump site and along western side of the plant area has not been provided.
12. Old solid wastes (dolochar) dumps were observed inside plant premises at 5 places. Out of which 04 dumps were found to be covered with tarpaulin to avoid fugitive dust emission during windblown. It was observed that industry has started dispatching dolochar.
13. Dump of residual iron ore fines outside the plant premises at about 100m away in the west from the plant boundary was also observed. Due to higher content of mud/soil in the ore fines, dump was observed to be settled/stabilized and there was less possibility of dust getting air borne from this dump, however, there is possibility of flow of runoff from the dump area into nearby areas.
14. As per the revised PWC (Para wise comment) submitted by Tahasildar, Parjanga vide letter No. 3032, dt. 04.08.2022, land over which residual iron ore fines has dumped is own recorded land of the industry (copy of PWC enclosed as Annexure-1).
15. As per the revised PWC (Para wise comment) submitted by Tahsildar, Parjang vide letter No. 3032, dt. 04.08.2022, industry has unauthorisedly encroached upon 8.00 acres (eight acres) of Revenue Forest land having Jungle-2 Melakisam and 2.54 acres (two acres and fifty four decimal) of Non-forest Govt. Land. Encroachment cases have been instituted as per provisions under Orissa Prevention of Land Encroachment Act, 1972 against the encroacher i.e. M/s G.M. Iron and Steel Company ltd. Kulei commencement from the financial year 2020-21 to 2022-23 and a sum of Rs. 1,10,484/- (Rupees one lakh ten thousand four hundred eighty four) only has been realized for each year towards assessment and penalty with direction to vacate the encroached Govt. land.
The Govt. land which is encroached by M/s GM Iron & Steel Company, Kulei along with other lands have been filed requisition by the Chief General Manager (land) IDCO, 3 Bhubaneswar for grant of lease in favor of IDCO, Bhubaneswar under Land Bank Scheme for establishment of industries vide Letter No. 5301/ Dtd. 19.03.2021 & 5299/Dtd. 19.03.2021 of Land Officer, IDCO Odisha, Bhubaneswar addressed to Tahasildar, Parjang, District- Dhenkanal. The total and requisitioned by IDCO is Ac 29.82 decimal (twenty nine acre and eighty two decimal). Out of which Ac. 9.77 decimal (Nine acre and seventy seven decimal) is encroached land. As per the requisition filed by Chief General Manager (Land), IDCO, Bhubaneswar, required lease case is instituted by Tahasildar, Parjang vide lease case No. 09/2022 & 10/2022 which are under process for settlement in favour of IDCO, Bhubaneswar for establishment of industries and allied activities at village Kulei.
Recommendations:
1. Committee desires to conduct inspection and stack with Ambient Air Quality monitoring of industry during its full operation after monsoon period to assess effective operation of Air Pollution Control Devices and adequacy of pollution control measures adopted by the industry.
2. Repairing/construction of boundary wall along Gambharia nallah and increase of height of entire boundary wall of the plant.
3. Construction of boundary wall around solid waste dump site and along western side of the plant area.
4. Concreting of remaining internal roads to control fugitive dust emission.
5. Time bound disposal of dolochar and other solid wastes dumped inside plant premises.
6. Industry shall provide boundary wall around the dump of residual iron ore fines. Garland drain around the dump area followed by settling pond shall be provided to avoid flow of surface runoff to adjacent areas."
6. In this Report, it is stated that the Committee desires to conduct inspection and stack with Ambient Air Quality Monitoring of the industry during its full operation after monsoon period to assess 4 effective operation of the Air Pollution Control Devices and adequacy of pollution control measures adopted by the industry.
7. The photographs which have been filed with the rejoinder affidavit dated 20.08.2022 by the Applicants which are stated to have been taken on 03.08.2021, 08.01.2022, 09.01.2022, 02.04.2022, 09.02.2022, 10.02.2022, 07.05.2022, 25.06.2022 and 12.08.2022, show black soot emanating from the chimney of the industry and vast amount of dust within the industrial area itself.
8. We, therefore, direct the Committee to re-inspect the site of the Respondent No.1 during the monsoon itself when it is operational and carry out Ambient Air Quality Monitoring and thereafter, take another inspection reading after the monsoon to give a clear picture of the level and extent of pollution as alleged to have been caused by the Respondent No.1 industry.
9. The report also shows that about 8 (eight) acres of Revenue Forest Land being Jungle-2 Mela Kisam has been encroached unauthorizedly by the Respondent No.1 industry for which eviction proceedings have been initiated and a penalty of Rs. 3,31,452/-
(Rs. Thre Lakhs Thirty One Thousand Four Hundred Fifty Two only) has been recovered. In addition, we find that 2.54 acres of Non-
forest Govt. Land has also been encroached by the Respondent No.1.
10. We are surprised that the Tahasildar concerned has not taken any action in this regard or reported this matter at the relevant point of time to the District Magistrate concerned and the encroachment proceedings have been instituted as late as 2020-21, 2021-22 and 2022-23, which only shows connivance or gross dereliction of duty of the Tahasildar with the offender, Respondent No.1.
511. We, therefore, direct the State Respondents to file their affidavit, showing whether the encroachments have been removed and what disciplinary action has been taken against the person who was the Tahasildar at the relevant point of time.
12. We further direct the Respondent No.3, District Collector, Dhenkanal, to file his personal affidavit explaining as to why appropriate action was not taken against the Respondent No.1 at the relevant point of time and why the Respondent No.1 was allowed to encroach upon 8 acres of Revenue Forest Land including 2.54 acres of Non-forest Govt. Land.
13. We may also note that for environmental violations, the Respondent No.1 industry was also issued a closure notice on 29.10.2021 by the Odisha State Pollution Control Board but even after one year the pollution level, as evident from the photographs, does not justify it being subsequently allowed to operate with full capacity vide order dated 28.01.2022 only on the basis of a Bank Guarantee of Rs. 11.85 lakhs.
14. We also find that this Report does not mention whether the Respondent No.1 industry is operating with a valid Environmental Clearance or without any Environmental Clearance. This is a serious lapse in the Report by the Committee. The Committee is, therefore, directed to take care of all these legal requirements in its fresh inspection report.
15. Mr. Rachit Lakhmani, learned Assisting Counsel of Mr. Samrat Sen, learned Senior Counsel for the Respondent No.1, M/s GM Iron and Steel Company Limited, prays for and is granted three days time for filing counter-affidavit on behalf of the said Respondent.
616. Let the counter-affidavit be filed within three days and the e-
copy/soft copy of the same shall be served upon the learned Counsel for the Applicant as well as the learned Counsel for the other Respondents before filing it in the Tribunal.
17. List on 29.09.2022.
..................................... B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM August 22, 2022, Original Application No.45/2022/EZ AK 7