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2014 DIGILAW 399 (JHR)

Vishal Kumar v. Union of India through the Central Pollution Control Board

2014-03-13

R.BANUMATHI, SHREE CHANDRASHEKHAR

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ORDER In pursuance to the direction dated 06.01.2014, the Jharkhand State Pollution Control Board constituted a Committee comprising of Dr. Mahendra Mahto, Member Secretary-cum-Chairman and 4 other Members as indicated in Annexure-D to carry out inspection of M/s. Maithan Power Limited. In the light of the order passed by this Court on 06.01.2014, the Committee so constituted by the Jharkhand State Pollution Control Board has also filed its report in Annexure-3 (page-21) filed along with the supplementary counter-affidavit of the Pollution Control Board dated 07.03.2014. In the said Annexure, the Committee constituted by the Jharkhand State Pollution Control Board had expressed its views as under : “Cinder and bottom ash are collected at the plant site, whereas fly ash is collected in silos. It is converted into slurry using water and transferred to ash pond. Cinder, bottom ash and fly ash of ash pond and silos are transported to abandoned coal mines of Eastern Coalfields Ltd. allotted to Maithan Power Ltd. for this purpose in covered hyvas. During inspection, they were seen being transported in covered hyvas. The copy letter dated 17.04.2013 of Additional General Manager, Magma Area, Eastern Coal Ltd. is annexed and marked as Annexure-3.A. The effluent is generated in the plant and in the ash pond. There is a discharge of effluent/storm water from the plant, which is towards other side of Maithan Dam. According to Lab Ref.No.23/14 of Central Laboratory, Ranchi, its quality conforms to the standard prescribed by the Board. There is neither leakage, nor flow of any effluent from ash pond. There is a pucca embankment. A toe drain and a bern drain with water collection pits are constructed at the bottom of the embankment. Two pumps are installed at the collection pits to pump back water (if any) to the ash pond. There is no discharge of any effluent from the ash pond to Maithan dam. It is within the pond. The copy of Lab Ref. No. 23/14 of Central Laboratory is annexed and marked as Annexure-3.B.” 2. The learned counsel appearing on behalf of the petitioner, Mr. Mahesh Tewari submitted that the fly ash being deposited in the abandoned mines would cause the health hazards to the people living in the vicinity, apart from affecting the air and water. The copy of Lab Ref. No. 23/14 of Central Laboratory is annexed and marked as Annexure-3.B.” 2. The learned counsel appearing on behalf of the petitioner, Mr. Mahesh Tewari submitted that the fly ash being deposited in the abandoned mines would cause the health hazards to the people living in the vicinity, apart from affecting the air and water. The learned counsel has further submitted that fly ash cannot be allowed to be dumped/deposited in the abandoned mines because of the fact that it affects the underground water. 3. Without expressing any opinion on the merit of the case, we direct the Ministry of Environment & Forest to file its response regarding the inspection report filed by the Jharkhand State Pollution Control Board. 4. The Ministry of Environment & Forest, Government of India is impleaded as party-Respondent no.9. 5. On behalf of newly added Respondent no.9, Mr. Md. Mokhtar Khan, A.S.G.I, accepts notice and requests time for filing response. 6. In so far as the impact on air, water and environment is concerned, the Jharkhand State Pollution Control Board in its supplementary counter-affidavit has stated that the Jharkhand State Pollution Control Board proposes to engage M/s. National Environmental Engineering Research Institute, Nagpur as an expert body for ascertaining the quality of fly ash discharged by M/s. Maithan Power Limited, Nirsha, Dhanbad and for ascertaining its impact on environment, air and water and its effect on agriculture. In this regard, the learned Senior counsel Mr. A.K. Sinha has drawn our attention to Annexure-A and Annexure-B and submitted that the National Environmental Engineering Research Institute, Nagpur has responded stating that the schedule has to revise and the assessment of impact will take about six months. In the supplementary counter-affidavit, it is also stated that the Jharkhand State Pollution Control Board also proposes to involve the Central Institute of Mining & Fuel Research, Dhanbad for ascertaining the quality of fly ash discharged by M/s. Maithan Power Limited, Dhanbad and for assessing its impact on the environment, air, water and its effect on agriculture. In this regard, the learned Senior counsel has drawn our attention to Annexure-C-Communication sent by the Jharkhand State Pollution Control Board to the Director, Central Institute of Mining & Fuel Research, Dhanbad. In this regard, the learned Senior counsel has drawn our attention to Annexure-C-Communication sent by the Jharkhand State Pollution Control Board to the Director, Central Institute of Mining & Fuel Research, Dhanbad. The learned Senior counsel for the Pollution Control Board submits that for filing a comprehensive report regarding the quality of fly ash discharged by M/s. Maithan Power Limited, Nirsa, Dhanbad and for assessing its impact on environment, air, water and its effect on agriculture sufficient time i.e. six months' time be granted to the Jharkhand State Pollution Control Board for engaging the aforesaid premier agency and file a comprehensive report. 7. The learned counsel appearing for the intervener-M/s. Maithan Power Limited raised an objection and submitted that the report filed by the Jharkhand State Pollution Control Board (Annexure-3) itself is sufficient and there is no necessity for engaging any agency for another report. 8. Having regard to the report filed by the Jharkhand State Pollution Control Board (Annexure-B) and the various other Annexures and averments made in the supplementary counter-affidavit, we direct the Jharkhand State Pollution Control Board to engage M/s. National Environmental Engineering Research Institute, Nagpur for ascertaining the quality of fly ash discharged by M/s. Maithan Power Limited, Dhanbad and for assessing its effect on environment, air, water and its effects on agriculture. 9. We direct M/s. National Environmental Engineering Research Institute, Nagpur to render its cooperation with the Jharkhand State Pollution Control Board for compliance with the order of this Court dated 06.01.2014 and order dated 13.03.2014 (this order). We also direct the Ministry of Environment & Forest, Government of India to submit its response on the report of the Jharkhand State Pollution Control Board and also specific submission made by the learned counsel appearing on behalf of the petitioner. 10. The matter be listed in the 1st Week of July, 2014 to inform the Court about the progress made in this regard.