National Green Tribunal
Residents Of Gram Panchayat Jatal ... vs State Of Haryana on 18 January, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 13 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 581/2019
Residents of Gram Panchayat Jatal,
District Sonipat Applicant
Versus
State of Haryana Respondent
Date of hearing: 18.01.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None
Respondent(s): Mr. Mr. Raj Kumar, Advocate for CPCB
Mr. Rahul Khurana, Adv. for HSPCB
ORDER
1. The issue for consideration is remedial action against unscientific disposal of fly ash by Thermal Power Plant (TPP) at Panipat resulting in adverse health impact on the lives of the inhabitants. The said matter was last dealt with vide order dated 04.11.2020 and the matter was directed to be taken up alongwith OA No. 117/2014, Shantanu Sharma vs. Union of India & Ors.
2. The Tribunal, vide order dated 04.11.2020, sought a status report from a joint Committee of CPCB and Haryana State PCB.
13. Accordingly, the CPCB has filed progress report dated 01.12.2021 on behalf of the Joint Committee as follows:
"xxx ..............................xxx ................................xxx 2.1.2. Assessment of the Damage caused to environment and public health.
The available data obtained from PTPS, was examined against the baseline data of EIA report of the year 2001, to assess the damage caused to the environment and public health. It was observed that:
No ambient air quality monitoring station (CAAQMS or manual station) is available in the nearby villages in the vicinity of PTPP and no data w.r.t. PM 10 and PM2 . 5 of the ambient air environment is available with HSPCB. The data provided by PTPP is showing PM10 and PM 2.5 concentration on the much lower side in comparison to base line data and hence was not considered as relevant and representative data, by the Joint Committee.
Being monsoon season, Joint Committee could not collect the data of PM 10 and PM 2.5 during the inspection and decided to generate and consider the post monsoon period data, for assessment of the damage. The HSPCB Regional Office was requested by the Joint Committee to generate PM10 and PM2.5 data during management/handling/lifting of Ash from the ash dykes, for the post monsoon period, for comparison with the base line data available in the EIA report of PTPP for the year 2001.
It was informed by PTPP that the bore-wells have been installed by the agencies involved in lifting of the ash from as dykes only two months back and hence no data w.r.t. analysis of ground water is available.
As per information provided, PTPP has organized 09 medical Check-up Camps in the nearby villages. PTPP has been asked by the Joint Committee to provide the outcome of the Medical Check-up Camps.
The joint Committee could not assess the damage caused to the environment and public health due to non- availability of adequate data. The current data w.r.t. PM 10 and PM 2.5 during lifting of ash from the ash dykes and ground water analysis is required for the post monsoon period (Sept. to Nov., 2021) for assessing the damage caused to the environment by PTPP, in nearby villages.
The Joint Committee also requested HSPCB to issue letter to PTPP to engage an institute of repute such as NEERI, National Institute of Occupational Health, Ahmadabad, IIT 2 or such other institutions, for assessment of damage caused to the Environment, Agriculture, ground water and public health, so that assessment of damage in monetary terms could be finalized by the Joint Committee. The Directions in this regard have been issued by HSPCB to Panipat Thermal Power Plant vide letter No. HSPCB/PR/2020/2320 dated 18/8/2021 (Copy attached as Annexure-2).
In response to the above letter of HSPCB, Panipat Thermal Power plant obtained the offer of CSIR-NEERI for conducting the Assessment of Damage on the surrounding Environment (Air, Agriculture, Ground Water and Public Health) and Suggestions on Mitigation Measures. As per offer submitted by CSIR-NEERI, the time required for conducting damage assessment was indicated as 12 months involving cost of Rs. 72 Lacs plus GST (Copy attached as Annexure-3). Panipat Thermal Power Plant vide email dated October 6, 2021 requesting the Joint Committee to examine the proposal of CSIR-NEERI (Annexure-4).
The Joint Committee examined the proposal of CSIR- NEERI and observed that the time-line indicated for carrying out damage assessment was too long to comply with the directions of Hon'ble National Green Tribunal within the time line granted to the Joint Committee in this matter. In view of this, it was decided by the Joint Committee, to carry out the assessment of damage in two stages:
Stage 1: Qualitative Assessment of the damage as per following approach:
Site visit and interaction with the local farmers to finalize the study area.
Ambient Air quality monitoring in the study area, for the parameters relevant to thermal power plant ash against the control sample, to establish the impact on the air quality.
Ground water sampling from various bore-wells up- stream and down-stream of the Panipat Thermal Power Plant Ash Dyke. The water quality parameters alongwith other parameters relevant to thermal power plant ash to be analysed in EPA/NABL approved Laboratory. Sampling of agriculture Soil of the study area to determine the accumulation of contaminants in the soil over a period of time, by irrigation with contaminated water and deposition of ash over a period of time. Sampling of agriculture crops and the produce (grains), to estimate the bio-magnification of contaminants in plant (fodder) and produce (seeds). Calculation of Transfer Factor (TF), for determining the bio-accumulation of metals/contaminants in plants from soil and Health Risk Index (HRI) by considering daily intake and reference oral dose.3
Damage to Public Health, by obtaining data of cases reported w.r.t respiratory and other diseases/illness related to thermal power plant ash, from the nearby health centers followed by calculation of the damage to public health in monetary terms by using the following formula: DamageH (Rs): No. of cases Reported (X) x COI Affected area.
Stage 2: Quantitative Damage Assessment by the methodology/Proposal as obtained by Panipat Thermal Power Plant from CSIR-NEERI along with preparation of short term and long term remediation plan.
The progress made by the Joint Committee w.r.t Assessment of damage is as follows:
The interaction with the farmers of nearby village has been completed and the study area has been finalized. Sampling of ambient air from 05 locations of the study area has been done and the analysis is under progress. Sampling of ground water from 07 locations in the study area has been done and the analysis is under progress. Sampling of Agriculture soil from five locations of the study area has been done and the analysis is under progress.
The sampling of agriculture crops and produce from the five locations of the study area has been done and the analysis if under progress.
The data of public health has been requested from the health centers of nearby five village located in the study area.
The analysis of results of results of the various samples collected by the Joint Committee and the health data is expected from the Shri Ram Institute of Industrial Research, Delhi and Medical Department respectively, by December 10, 2021. The Joint Committee will need 15 days' time for evaluation of the data, preparation of Qualitative damage Assessment Report for recommending further course of action regarding quantitative damage assessment and remedial action plan.
3.0. Submission:
The above progress report is being submitted for the consideration of Hon'ble National Green Tribunal.
The report of the Joint Committee (Section 2.1.1) w.r.t. Environmental Compensation on account of non-utilization of 100% ash for the years 2018 (201819) and 2019 (2019-
20), may kindly be considered by the Hon'ble National Green Tribunal.
In view of the submissions made in the Section 2.1.2 and the quantum of work involved in the assessment of damage caused to Environment, Public Health, ground 4 water, soil and crops, the extension of time-line up to 31st December 2021 is needed for submission of report w.r.t Qualitative Assessment of Damage, to recommend further course of action regarding quantitative damage assessment and remedial action plans."
4. In compliance of order of this Tribunal dated 04.11.2020, the CPCB has also filed progress report dated 17.01.2022 on behalf of the Joint Committee concluding as follows:
"xxx ..............................xxx ................................xxx
3. Conclusion:
As per Orders of Hon'ble National Green Tribunal in the matter of O.A. No. 581/2019, the Joint Committee was directed to comply with the following two points.
i. Environmental Compensation on account of non-utilization of 100% ash for the years 2018 (2018-19) and 2019 (2019-20). ii. Assessment of the Damage caused to environment and public health.
I. The environmental compensation as computed by using the prescribed formulae for three Panipat Thermal Power Plant, by the Joint Committee, is as follows:
Sr. Financial Power Total Ash Total % Ash Environmental
No. Year Generation Generation, Ash Utilization Compensation
(MU) MT Utilized, (EC), Rs.
MT
1 2018-19 3378.90 824442 1238214 150.18 Nil
2 2019-20 1972.79 494595 1191254 240.85 Nil
II. The Joint Power Committee has made an assessment of the qualitative damage caused by Panipat Thermal Power Plant and the outcome is as follows:
a. The PM10 and PM2.5 concentration in the ambient air were between 330-396 ug/m3 (against the standard of 100 ug/m3) and PM2.5 concentration ranging between 109 - 167 ug/m3 (against the standards of 60 ug/m3) at all the locations in the vicinity of PTPP. The above concentration of PM10 and PM2.5 is also much higher (142-237 ug/m3 vs. 330-396 ug/m3) in comparison to CAQMS data located at Sector 18, Panipat. Similarly, PM2.5 Conc. was also higher (67-94 ug/m3 Vs. 09 - 167 ug/m3) at the locations in the vicinity of PTPP in comparison to CAAQMS located at Sector 18, Panipat, thus clearly indicating the impact of PTPP, on the ambient air quality of the area. Further, as per feedback given by farmers/ villagers of the area, the maximum impact is observed during the period from March to July, thereby indicating need for further investigation.5
b. Out of 5 locations monitored by the Joint Committee, Nickel concentration in the ambient air was found to be exceeding at 03 locations, ranging between 25-43 ng/m3 (24 hr) against the standard of annual average 20 ng/m3. Benzene concentration in the ambient air was found to be exceeding at one location with conc. of 5.6 ug/m3 (24 hr) against the standard of annual average 5 ug/m3. Benzo (a) Pyrene (BaP) concentration in the ambient air, was also found to be exceeding at 04 locations out of 05 locations monitored by the Joint Committee with concentration ranging between 1.53-3.3 ng/m3 (24 hr) against the standard of annual average 1 ng/m3. However, as per MoEF&CC NAAQ Standards "Whenever and wherever monitoring results on two consecutive days of monitoring exceeds the limits specified above for the respective category, it shall be considered adequate to institute regular or continuous monitoring and further investigation". c. The parameters specific to thermal power plant/fly ash was found to be within the prescribed parameters, in the 7 bore- wells monitored by the. However, the microbiological parameters (Total Coliform) were found to be exceeding (52-72 cfu/100 ml > 20 cfu/100 ml) in the 6 borewells, out of 7 bore- wells monitored by the Joint Committee. This needs further investigation to find the root case and remedial action. d. The concentration of various heavy metal specific to thermal power plant viz. chromium, copper, nickel and zinc is on much higher side in comparison of target values of these heavy metal in soil specified by WHO.
e. Very high concentration for heavy metals specific to thermal power plant/fly ash viz, chromium, copper, nickel and zinc, in paddy plant and grains in the study area establish transfer the of these contaminants from soil to plant and the biomagnification of these contaminants f. The Joint Committee didn't find the data of public health received from the primary health centres, as representative, in view of the feedback of villagers during interaction and also based on the qualitative impact observed on ambient air, soil and crop. Further investigation including conducting medical camps to establish the impact on public health is required to arrive at conclusion.
Based on the above findings, it is established that qualitative damage has been caused to the environment and public health by the Panipat Thermal Power Plant (PTPP).
However, it is submitted that further detailed investigation to generate extensive data i.e. required for quantification of the affected area and the quantitative damage caused to the environment and Public Health by involving subject experts, so as to prepare the remediation plan."
5. We have heard learned counsel for the parties and considered the matter. In view of report of the CPCB that there is qualitative damage to 6 the environment and the public health by the Plant in question, the CPCB, State PCB and the District Magistrate may take further remedial action for preventing further pollution and assessing and recovering compensation for the past violations in accordance with law, keeping in the mind the principles laid down inter alia in M.C. Mehta vs. UOI & Ors.
(1987) 1 SCC 395, Sterlite Industries (India) Ltd. v. Union of India, (2013) 4 SCC 575 and Goel Ganga Developers India Pvt. Ltd. v UOI (2018) 18 SCC 257. State PCB will be the nodal agency for compliance.
Observations in separate order passed today in OA No. 117/2014, Shantanu Sharma vs. Union of India & Ors. may also be kept in mind to the extent applicable to the present case.
The application is disposed of. If any grievance survives, the aggrieved party will be free to take remedies as per law.
A copy of this order be forwarded to CPCB, State PCB and the District Magistrate by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Brijesh Sethi, JM Prof. A. Senthil Vel, EM Dr. Afroz Ahmad, EM January 18, 2022 Original Application No. 581/2019 DV 7