National Green Tribunal
1. Om Sri Sri Sarbajanina Durga Puja ... vs 1. State Of Odisha Through Additional ... on 25 July, 2023
Item No.02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.42/2023/EZ
Om Sri Sri Sarbajanina Durga
Puja Committee, Brundamal,
Jharsuguda, Odisha Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 25.07.2023
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)
For Respondent(s) : Mr. Anand Prakash Das, ASC for R-1,2,6&7 (in Virtual Mode),
Mr. Apurba Ghosh, Advocate for R-3 (in Virtual Mode),
Ms. Papiya Banerjee Bihani, Advocate for R-4 (in Virtual Mode),
Ms. Rashmi Singhee, Advocate for R-5 (in Virtual Mode),
Ms. Mansi Bachani, Advocate for R-9 (in Virtual Mode)
ORDER
1. Mr. Sankar Prasad Pani, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.
2. Reply affidavit dated 15.05.2023 has been filed by Respondent No.9, Private Respondent; the same is taken on record.
3. Affidavit dated 22.07.2023 has been filed by Respondent No.2, Collector & District Magistrate, Jharsuguda; the same is taken on record.
4. Affidavit dated 18.05.2023 has been filed by Respondent No.4, Odisha State Pollution Control Board; the same is taken on record.
Along with this affidavit, an Inspection Report has been filed of an inspection carried out on 16.05.2023. The Inspection Report reads as under: -
1"Joint Committee enquiry report with regards to OA No.42/2023/EZ-Omm Sri Sri Sarbajanina Durga Puja Committee, Brundamal, Jharsuguda vs State of Odisha & Others As per the direction of the Hon'ble NGT-EZB dated 24.04.2023, in the matter OA 42/2023/EZ, committee has been constituted, comprising of District Collector & DM, Jharsuguda or his / her nominee not below the rank of ADM, Jharsuguda, Sr. Scientist / Env. Engineer from OSPCB and Sr. Scientist /Env. Engineer from CPCB, New Delhi. It is directed for inspection of the site in question and submit its report with regard to the allegations made in the OA and any other observation of the committee may deem fit in the circumstance of the case and also suggest remedial action along with Environmental compensation. In this regard, a field enquiry was conducted on 16.05.2023 in and around the alleged site. The following members of Joint Committee were present during the field visit: -
1. Sri Lankeswar Amat, ADM (Rev), Jharsuguda
2. Sri Sandeep Roy, Scientist D, CPCB, Regional Directorate, Kolkata
3. Er. H.K. Nayak, Regional Officer, SPCB, Odisha In addition to the above committee members, the following representatives and villagers were also present during the site visit: -
1. Smt. A. Ekka, Dy. Env Scientist, SPCB, Odisha
2. Sri Rohitos Rohidas, Brundamal village
3. Sri Mahadev Rohidas, Brundamal village
4. Sri Montu Ghughar, Brundamal village
5. Sri Dhabal Bhoi, Brundamal village
6. Sri Dinesh Nayak, Brundamal village and others of Brundamal village Following officials from M/s Vedanta Limited were also present as decided by the committee members: -2
1. Sri Amit Kumar Tyagi, Head Environment.
2. Sri Subhasis Das, Head CSR.
Background: -
• A letter had been received from District Office, Jharsuguda, vide letter no-918/WS, dtd:-17.08.2022 with regards to allegation petition received by Sri Rabindra Rohidas & Others of village Brundamal in the district of Jharsuguda. In this regard, a joint filed visit was conducted on 25.08.2022 at the alleged site by Regional Officer, SPCB, Jharsuguda and Tahasildar, Jharsuguda alongwith the local villagers. It was observed that, no ash dumping activity had been carried out at the site and on the other hand, the site was found to be levelled with soil for development of playground as stated by the 20-25 nos. of villagers present during the site visit. Further, it was observed that plantation has been done at the alleged site with barbed wire fencing around the site (copy of inspection report is enclosed).
• Thereafter, again a field visit was conducted on dated:-
20.04.2023 with respect to a letter received from District Office, Jharsuguda, vide letter no-4027/G&M, dtd:- 17.04.2023 (copy attached) and no traces of ash dumping was observed during the inspection. The area was found to be fenced with barbed wire and there was growth of grass and scanty bushes (copy of inspection report is enclosed).
Observations made as on the day of inspection: -
Sl. No. Allegation made by the petitioner Observations
1. It is alleged that in Village- The alleged site is Brundamal there are four ponds located in the which are used by the village Brundamal, villagers for hundreds of years adjacent to the village for various purposes like bathing road and and other domestic purpose. approximately 75 m Local cattle and stray animals (aerial distance) from also drink water from these Vedanta guest house 3 ponds and the ponds are also in the west direction.
used for cultivation. There are 4 nos. of ponds in the west direction which are used by the villagers for bathing and other utilities.
2. It is alleged that in 2021 due to As stated by the low rainfall, the ponds dried up villagers, levelling of and the villagers faced serious the land had been problems. It is alleged that Pond done for making it a No.2 was dug out with the help of village playground machines and Hyva and then and doing other filled with fly-ash. recreational activities and no ash has been used for the purpose.
3. It is alleged that in the village, the Details of the pond is Pond No.1 is situated on in Plot provided in the No.773 in an area of 0.44 Acre. revenue sketch map The Pond No.2 is situated on Plot as attached. From the No.769/1588, Khata No.226, map it is revealed Kisam- Kata, in an area 3.50 (marked as red Acre. The Pond No.3 is situated on colour) that, the soil Plot No.1063 and 1070 in an area covered area near of 0.7 Acres and 1.85 Acres and pond -2 belongs to Pond No.4 is situated on Plot IDCO land whereas No.752 having area 1.10 Acres. Pond no-2 belongs to kisam Kata.
4. It is also stated that in Village- During the visit it Brundamal, there is about 740 was verified that, acres of Government land but no excavation activity the Respondent No.9 has dug and no ash filling was out 30 feet deep of earth from done at Pond no-2 by Pond No.2, KhataNo.226, Kisam- M/s Vedanta Ltd. Kata, in Plot No.769/1588 and (Photographs filled up the same with fly ash. It is attached). The nearby stated that the Kisam of the land is area of the alleged 4 "KATA" and the same is a water pond was found to be body/Jalasay. covered with grass and few plants.
5. It is alleged that the Respondent Since, no digging or No.9 is carrying on its illegal mining activity at the mining operations in clear alleged site was violation of the Fly Ash utilization observed at the Notification 2016. alleged site, violation with respect to the Fly Ash utilization Notification 2016 could not be substantiated.
CONCLUSION: -
1. During visit, villagers were also present at the alleged site. The representative and Sarpanch of the Brundamal village stated that there is no filling of ash in the ponds. Pond no. 3 & 4 are used for Bathing and other utilities whereas Pond no. 1 & 2 is not in use. As intimated by the villagers the domestic wastewater of the village comes to pond no-2 and contaminates it and therefore it is not usable. Therefore, the villagers demanded to develop a playground for children/ field for conducting village functions.
2. Very small quantity of fly ash was found to be dumped in the pond no 2. As informed by the Sarpanch, this was carried out by the localities to develop a playground or field for conducting other recreational activities since there are no playgrounds/fields in that village.
3. During discussion with villagers, the committee members were in opinion that, M/s Vedanta Limited may develop the amenities as well as cleaning/beautification of the area under CSR activities as the village is located near the plant.
4. During discussion with officials from M/s Vedanta Ltd., it was assumed by them to carry out the following activities: -
• Construction of proper drainage network and connecting it with the nearby main drain.5
• Construction of playground/field at pond no-2. • Stone pitching and cleaning work of Pond no-3 and 4. • Repairing of the village temple and construction of one borewell.
RECOMMENDATIONS: -
1. M/s Vedanta Ltd. may be directed to carry out the said activities within a period of 6 months under their CSR activities. They will submit a time bound action plan in this regard.
2. Necessary permission may be granted by the concerned department for the development and beautification of the area.
3. Necessary co-ordination and manpower as per requirement, may be extended by the villagers under the supervision of Gram Panchayat.
4. M/s Vedanta Ltd. may be directed to submit a bank guarantee of Rs. 25 lakhs with District Administration/OSPCB until completion of the said activities in given time frame.
5. All the above activities must be carried out under close supervision of District Administration and OSPCB."
5. The Inspection Report discloses that there has been dumping of fly ash in Pond No.2 which fact is also admitted in paragraph-4 (c) of the Collector's affidavit.
6. Ms. Mansi Bachani, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.9, states that the Joint Committee Report filed by the Odisha State Pollution Control Board in its affidavit dated 18.05.2023 has not been served upon the Respondent No.9.
7. Ms. Papiya Banerjee Bihani, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.4, Odisha State Pollution Control Board, shall serve e-copy/soft copy of the affidavit dated 6 18.05.2023 upon Ms. Mansi Bachani, learned Counsel for the Respondent today itself.
8. The Respondent No.9 may file its response within two weeks.
9. Ms. Rashmi Singhee, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.5, Ministry of Environment, Forests and Climate Change, prays for and is granted two weeks time for filing counter-affidavit.
10. Mr. Sankar Prasad Pani, learned Counsel for the Applicant, prays for and is granted two weeks time for filing rejoinder affidavit.
11. List on 10.08.2023.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 25, 2023, Original Application No.42/2023/EZ MN 7