Disposed

Rabindra Prasad Patnaik v. Collector&J District Magistrate

NGT4 Dec 2020Original Application No. 54/2019

Case brief

AI extract

What is this about?

The applicant filed an original application alleging non-compliance of plantation guidelines and environmental pollution in Angul by NHAI, NALCO, and Jindal Steel. The NGT constituted a Committee which visited the site, verified plantation activities, and submitted a comprehensive report. Finding that concerns were addressed, the Tribunal disposed of the petition.

What did the court decide?

No order as to costs. The application stands disposed off.

Rabindra Prasad Patnaik vs Collector&J District Magistrate — Environment and Pollution | NGT (2020)

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Item No. 01

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI (Through Video Conferencing)

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Original Application No. 54/2019/EZ

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Sri. Rabindra Prasad Patnaik Applicant

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Versus

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Collector & District Magistrate, Angul & Ors. Respondent(s)

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Date of hearing: 04.12.2020

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CORAM: HON’BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

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For Applicant(s): Mr. Sankar Prasad Pani, Advocate

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For Respondent(s): Mr. Dipanjan Ghosh, Advocate for Respondent No. 6. Mr. Raushal Kumar and Mr. Abhishek Gupta, Advocates for Respondent No. 5. Mr. Shashank Bajpai and Ms. Shakun Sudha Shukla Advocates for Respondent No. 1.

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ORDER

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This application was filed alleging non-compliance of the statutory circulars of the Government of Odisha with regard to plantation of trees along the highways, the “Green Highways (Plantation and Maintenance) Policy-2015” and “Guidelines on Landscaping and Tree Plantations-2009” in the District of Angul, Odisha. The Applicant has also agitated non-compliance of remedial measures prescribed in

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the final report submitted by the Environment Protection Training and Research Institute, Hyderabad (EPTRI) regarding construction of green belt within a radius of 500 meters of Nalco Smelter Division.

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It is stated that Angul-Talcher industrial area is one of the world’s identified hotspot of Nitrogen Dioxide (No2) emission and falls within the 50 polluted cities of the world as recorded between 1^st June to 31^st August, 2018. Nitrogen Dioxide (No2) is stated to be hazardous to human health as it causes respiratory problems. Underground water sources of the area are stated to be contaminated by high concentration of Fluoride which is dangerous for human consumption as well as for the flora and fauna of the entire area. It is stated that the Central Pollution Control Board (CPCB) has also developed a Comprehensive Environmental Pollution Index (CEPI) for Angul-Talcher area. Under such circumstances, it is alleged that the National Highway Authority of India (NHAI) has recently cut down several thousand years old trees that were existing along the road for the purpose of its expansion and, no steps have been taken for plantation in its ongoing construction work in the

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District of Angul. Thus, the Applicant has prayed for the

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following:-

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“(i) directing the Respondent No. 1 & 2 to take necessary steps at their end for plantation of trees at the ratio of 1:10 in respect of cutting trees by different industrial establishments and NHAI passing through in the District of Angul;

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(ii) directing Respondent No. 5 to take precautionary measures to compensate crop damages;

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(iii) directing the State Pollution Control Board and all the State authorities to act in accordance with the rules and regulations framed by them;

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(iv) inducing penalty in accordance with the Polluter Pays Principle upon the NALCO smelter Plant;

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(v) directing the Respondent No. 1, 2 & 5 to take legal action including criminal proceedings against the polluting industries situation within the District of Angul;

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(vi) directing the Respondent No. 3 to take immediate steps at its end to plant trees on both sides of its ongoing expansion of national highways project covering in the district of Angul;

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(vii) directing the Respondent No. 5 at its end to take immediate steps for plantation of trees and also develop a green belt of tall growing plants of about 500 metres radius around its Plant;

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(viii) directing the Respondent No. 4 to plant at least 10 times of felling trees i.e., of 36,65,830/(Thirty six lacs sixty five thousand eight hundred and thirty only) number of trees and also develop a green belt of tall growing plants of within 500 metres radius around its plant;

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(ix) Pass any such order/orders as this Hon’ble Tribunal may deem fit and proper.”

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In order to ascertain the factual position, the Tribunal considered it necessary to constitute a Committee comprising of (i) the Collector & District Magistrate, Angul

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District, Odisha; (ii) the Divisional Forest Officer, Angul Forest (T) Division and, (iii) Odisha State Pollution Control Board (State PCB), which was directed to jointly visit the area in question and submit a factual and action taken report on the various aspects set out by the Applicant in the application. The Committee was also required to hear and take the views of the Respondents No. 3, 4 and 5.

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Report of the Committee thus filed was taken up on 24.07.2020 and, on 01.10.2020, it was pointed out by Mr. Sankar Prasad Pani, learned Counsel for the Applicant, that the report was incomplete in as much as it had only dealt with the matter relating to non-compliance by NALCO and did not cover the other aspects agitated by the Applicant. Finding substance in the submission of the Mr. Pani, the Committee was directed to submit a comprehensive reply covering all aspects in respect of Angul district.

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We have before us the report filed by the Committee today, relevant portion of which reads as follows:

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“A. Compensatory avenue and block plantation areas, National Highways - 55 (earlier NH-42) in Angul District

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Environmental Clearance for Rehabilitation and Up-gradation of 4- laning of Angul – Sambalpur section of

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NH-42 (Km 122.00 to Km 265.00) in the state of Odisha under NHDP-IV on EPC mode was accorded by MoEFF&CC to the National Highway Authority of India (NHAI) on 06.09.2013 and Stage-I Clearance was obtained on 07.08.2017. As per the condition of Stage-I Clearance, “State Government shall take up plantation of 10 times the number of trees to be felled from the Non-forest land of the project alignment at the cost of user agency and the site of the planting and locally generated trees species proposed for planting, should be communicated to the Eastern Regional Office.”

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The details of proposed numbers of trees cut, amount deposited towards 10 times plantation, NPV, CA and site Specific Wildlife Conservation plan for the project has been submitted by the GM (T) & Project Director, NHAI vide letter No. 11047/NHAIPIU/SBP/NGT/818/2020, dtd. 24.06.2020. As per the letter, NHAI has deposited sum of ₹ 2,77,80,729.00 with Divisional Manager, OFDC, Angul for plantation of 27,370 numbers of trees against cutting of 2,737 trees and sum of ₹ 10,33,82,228.00 with DFO, Athmallik for plantation of 89,650 numbers of trees against cutting of 8,965 trees. Copy of the letter enclosed as Annexure-1.

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As per report submitted by Divisional Forest Officer, Athmallik Division on 04.11.2020, 8965 numbers of trees were felled in non-forest land for Rehabilitation and Up-gradation NH-55 (earlier NH-42) over stretch from 145.00Km to 190.00Km in Athmallik Division against which 10 times plantation i.e. 89650 numbers of seedlings has been proposed to be planted over stretch of 358.6RKM for which sum of ₹ 10,74,51,718.00 was

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approved. In the year 2019-20, 27,500 Nos. of seedlings have been planted over 110 RKM stretch at 20 different sites for which sum of ₹ 1,26,72,299.00 incurred. Detailed report submitted by Divisional Forest Officer, Athmallik Division enclosed as Annexure-2.

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As per the letter No.1297, dtd.06.07.2020 of Divisional Manager, Angul (C-KL) Division, Odisha Forest Development Corporation Limited (OFDC), NHAI has deposited an amount of ₹ 2,68,39,009.00 after deduction of 2% TDS and 2% TDS on GST on dtd. 13.12.2019 for compensatory block plantation of 27,370 numbers of plants and its maintenance up to 3 years. Said plantation scheme is being undertaken during the current year i.e. 2020-21 at Badadandasahi & Paranga Village, Angul by planting the indigenous tree species like Neem, Karanja, Jamu, Sirisa, Amla, Harida, Bahada, Mahaneem, Arjun, Teak, etc. Copy of the letter annexed as Annexure-3.

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As per the Memo No. 2478, dtd. 24.11.2020 of Divisional Manager, Angul (C-KL) Division, Odisha Forest Development Corporation Limited (OFDC), 27,370 numbers of seedlings have been planted during 2020-21 in Badadandasahi, Paranga and Fulpada, Grid Corporation areas of Angul District against 2737 nos of trees felled for Angul-Sambalpur NH-42 (now NH-55) project. 407 numbers of trees have been felled for NH-200 for which scheme for plantation 10 times i.e. 4070 Nos. of seedlings has been approved but proposal has not yet been received. For CuttackAngul NH-42 (now NH-55) project, 104 numbers of trees have been felled against which 10 times i.e. 1040 Nos. of compensatory plantation scheme has

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been approved but funds yet to be received from the user agency. (Copy of report enclosed as Annexure-4).

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Following observations were made during joint visit of the committee to some of the avenue plantation sites and block plantation sites on 04.11.2020 and 05.11.2020:

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1. Block plantation was observed to be developed over 10 Ha of area in BadadandaSahi, Angulby Angul (CKL) Division, OFDC (Odisha Forest Development Commission) Ltd. 13,500 numbers of seedlings of different species have reported to be planted in this area. At the site mainli teak was planted along with other species such as Mango, Jackfruit, Acacia, Banyan, etc. Plantation at the site has reported to be funded by NHAI, Sambalpur in this year 2020-21.Co-ordinates of the plantation site are Latitude: 20°45'30.10"N and Longitude: 84°59'51.70"E. Site is located at about 500m in the SSE from Nuabadadandasahi village and at about 1.0Km away in the east from Chandanpur village. Madhapur RF is located adjacent to the plantation site in the South.

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2. Block plantation was observed to be developed over 10 Ha of area in Paranga, Angul by Angul (C-KL) Division, OFDC (Odisha Forest Development Commission) Ltd. 11,000 numbers of seedlings have reported to be planted in the area. Mixed varieties of seedlings such as Neem, Mahaneem, Jamu, Kadamba, Sisoo, Teak, Acacia, etc. were observed to be planted over the area. About 40m width of area in the

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eastern part of the plantation area was left blank as gas pipeline of GAIL is passing through. Earlier this site was devoid of any plantation which has been developed through plantation funded by NHAI, Sambalpur in this year 2020-21. Coordinates of the plantation site are Latitude: 20°53'47.50"N and Longitude:85° 1'4.50"E. Site is located at about 400m in the Southern side from Material Gate of M/s. Jindal Steel and Power Ltd. and at about 500m away in the NE from Bhubanpur village. Plantation site is located adjacent to the State Highway-63 in the east.

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3. It was observed that avenue plantation has been done along either side of the road over a stretch of 04RKM from RD High School to Jamunali. Spacing between two saplings was observed to be about 4.0m and different species (Sisoo, Karanja, Joutha, Neem, Gliricidia, etc.) of seedlings have been planted. Saplings were observed to be in healthy condition and protected using bamboo gabions. It was reported that 1000Nos. of saplings have been planted in the year 201920 by Forest Department, Handapa Range, Athmallik Division and plantation cost is funded by NHAI, Sambalpur as read from the concrete display blocks provided besides road side at the beginning of the plantation site.

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4. Avenue plantation was observed to be done along either side of the road over a stretch of 06RKM from Ichhapur to Badibahal. Spacing between two saplings was observed to be about 4.0m and different

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species (Sisoo, Karanja, Joutha, Neem, Jamu, Gliricidia, etc.) of seedlings have been planted. Saplings were observed to be in healthy condition and protected using bamboo gabions. It has been reported that 1500 Nos. of saplings have been planted in the year 201920 by Forest Department, Handapa Range, Athmallik Division and plantation cost is funded by NHAI, Sambalpur as read from the concrete display blocks provided besides road side at the beginning of the plantation site.

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5. Avenue plantation was observed to be done along either side of the road over a stretch of 10RKM from Tusar to Urda. Spacing between two saplings was observed to be about 4.0m and different species (Sisoo, Karanja, Neem, Jamu, Sirisa, Kadamba, Radhachuda, etc.) of seedlings have been planted. Saplings were observed to be in healthy condition and protected using bamboo gabions. It has been reported that 2500Nos. of saplings have been planted in the year 201920 by Forest Department, Bamur Range, Athmallik Division and plantation cost is funded by NHAI, Sambalpur as read from the concrete display blocks provided besides road side at the beginning of the plantation site.

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6. Avenue plantation area done along either side of the road over a stretch of 08RKM from Kadalimunda to Brahmanipali was also jointly visited. Spacing between two saplings was observed to be about 4.0m and different species (Sisoo, Karanja, Neem, Jamu, Sirisa,

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Kadamba, Radhachuda, etc.) of seedlings have been planted. Saplings were observed to be in healthy condition and protected using bamboo gabions. It has been reported that 2000Nos. of saplings have been planted in the year 201920 by Forest Department, Bamur Range, Athmallik Division and plantation cost is funded by NHAI, Sambalpur as read from the concrete display blocks provided besides road side at the beginning of the plantation site.

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7. It was observed that work for Rehabilitation and Up-gradation of 4-laning of Angul – Sambalpur section of NH-42 (now NH-55), Cuttack–Angul Section of NH-42 and Angul Section of NH-200(now NH-53) was under progress. Since road construction is under progress, no tree plantation activities (along highway or medians) have yet been initiated. It was appraised by the officials of Forest Department during the visit of the committee that tree plantation activities will be commenced after completion of construction activities and utilities shifting.

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8. Detail status of the project proponent work by different executive agencies on plantation activity due to widening of NH-55 and NH-200 out of funds provided by NHAI. Tabular statement enclosed as Annexure-05.

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M/s. Jindal Steel Power and Limited, At: Nisha, PO: Jindal Nagar, Dist: Angul

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It is reported by plant authority that total 2016 ha (4981.6 Ac) of area was

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proposed for establishment of plant and other facilities during Environmental Clearance. Till now 4877.82 Ac of land has been approved by the State Govt., through IPICOL. Out of which, 4832.445 Ac has been handed over for the plant facility/industrial set-up(4522.835Ac area for plant and309.61 Ac for township).

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As per the plantation report submitted by the Industry (M/s. Jindal Steel and Power Ltd.), 449850 Nos. of plants has been planted over 631.39 acres (Approx.) of land inside plant premises (including township area) with survival rate of about 87%.

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There is no guideline/order issued by Central or State Govt./Authority to the user agency regarding development of greenbelt of tall growing plants within 500 meters radius around plant area.

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However, as per the conditions stipulated in Environmental Clearance issued by MoEF&CC, Govt. of India vide F.No.J11011/365/2006-IA(II)I, dt.22.02.2007, industry has to develop greenbelt over 33% area in and around the plant premises as per CPCB guidelines.

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As of now industry has developed plantation (excluding plantation done outside plant) over 13.07% of the handed over plant and township area (Calculation sheet enclosed as Annexure06.

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Involvement of forest land: It was verified from the records that 415.71 Ac forest land involved in the plant area which already been diverted. 8015 trees had been enumerated in this forest land. Industry has paid an amount of

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₹ 1,11,28,500.00 to the Forest Department towards compensatory afforestation (33,647 trees @200 plants per ha over 415.72 Ac (168.232 ha)of area) in villages Kantamegha, Ragadiapada and Talagada in Angul. Industry has also paid sum of ₹ 14,59,000.00 towards penal compensatory afforestation (59,000 trees @200 plants per ha over 295ha and 32,000 trees @ 1600 plants per ha over 20ha).

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Plantation over non-forest private and Govt. land: As per averment made in the para 13 of petition No.O.A.54/2019(EZ) by Sri Rabindra Prasad Patnaik,3,66,583 numbers of trees were enumerated over 2789.07 acres of land in 15 numbers of village involved in the acquisition of land for development of M/s. Jindal Steel and Power Ltd. It was reported by the plant authority that cost of trees along with theland cost has already been paid to the land owner during land acquisition phase through IDCO/IPICOL.

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There is no guideline/order/circular issued by Central or State Govt./Authority for plantation of 10 times of trees felled in private land and non-forest government land for development of industry. Also, there is no stipulation regarding planting of tree by user agency in Stage-1 and Stage-2 approval issued by MoEF&CC, Govt. of India to the industry.

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However, as per letter no. 13245, dtd. 11.06.2018 of Forest and Environment Department, Govt. of Odisha, ‘whenever felling of trees from non-forest stretches of any road projects including NH projects is necessitated for its construction/widening, two (02) times the trees to be felled from such non-forest

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stretches are to be planted/ maintained along the said roads in the land under the possession of the respective roadwidening authorities instead of earlier instructions of planting ten (10) times of trees to be felled from non-forest stretches of the road vide circular dt.11.03.2010’. Copy of the letter annexed as Annexure-07.

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Area and Plantation details and Google map showing plantation areas provided by M/s. Jindal Steel and Power Ltd. is annexed as Annexure-08.

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Sri S. K. Sharma, VP-Industrial Relation, Sri Alok Sahu, A.V.P. (Environment Division), Sri Brijvir Singh, AGMHorticulture and others of M/s. JSPL were present during field visit and assisted the committee during visit.

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Following observations were made during joint visit of plant area on 05.11.2020.

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1. Plantation areas inside steel plant boundary and inside Colony area were visited and verified during inspection.

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2. Avenue plantation along either side of roads inside colony areas was done by the industry, spacing for tree plantation along road was varied from 1m to 3m (approx.) depending upon the species. Vacant spaces in colony area were also developed through plantation. Adequate landscaping was observed to be developed inside colony area. A big patch of 62Ac of land inside colony area has been developed with plantation over which about 60,350 nos. of trees (as reported) planted, gap between plantation was observed to be varied from 2m to 4m

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depending upon the species. Mixed species including fruit bearing trees were observed to be planted inside colony area. Gap plantation was being done inside Colony area. All plantations inside colony area were observed to be in healthy condition.

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3. Colony area is surrounded by fairly dense forest maily sal named Kiakata RF in the western side.

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4. In plant area, plantation was observed to be not done in patches. Avenue plantation has been done along the internal roads. In plant area also gap between trees varies from 1m to 4m (approx.) as per trees species.

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5. Most of the plantation areas/patches inside plant area were found to be in healthy condition, however, at some patches there was scope for gap plantation.

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6. There are some vacant areas available inside the plant premises such as in coal handling plant area, area near stock house, etc. where new plantation can be developed. Apart from these areas some other vacant areas within plant area were also observed where industry has proposed to set-up future plant facilities.

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7. Most part of the western boundary of the industry is surrounded by Kerjang RF.

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8. Industry has developed an in-house nursery for the raising of saplings for plantation within plant area, outside plant area and distribution in local areas. At present about 1.0 lakh of saplings of different species

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(ornamental, fruit bearing, indigenous, avenue, etc.) have been raised in the nursery.

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9. It was appraised by the plant authority that they are planning to start the construction of its remaining plant facilities (5.0 MTPA Pellet Plant, 1.5 MTPA Steel Melting Shop, Rolling mill, 2.0 MTPA DRI etc) in the remaining allotted area during which further plantation in available area will be taken up along with the future expansion of the project.

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C. M/s. National Aluminium Corporation Ltd. (NALCO). Nalconagar, Angul

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Committee comprising same authorized officials of the district had already visited M/s. NALCO on 14.07.2020 and factual field visit report has already been submitted with Hon’ble National Green Tribunal, Principal Bench, New Delhi. (Copy of Factual Field Visit report is annexed as Annexure-09).

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Findings of the committee are once again mentioned below for reference:

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1. It was learnt from the plant authorities present during field visit that 4,75,000 Nos. (Approx.) of plantation has been done over 255 acres (33.77% o f total plant area 755.00 acres) of land inside plant premises with survival rate of 70%. 10,77,017 nos. of plantation has been done over 526.6 acres (43.29% of total area i.e. 1216.41 acres) of land inside the S & P Township Complex, CISF Colony, Admin. Building, Training Centre and DPS School of NALCO with survival rate of 68.15% till May 2020. I n the

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peripheral villages NALCO has planted 263350 Nos. of plants over an area of 103.6 hectare and stretch of 19.5 RKM.

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As per the conditions stipulated in Environmental Clearance issued by MoEF&CC and direction of CPCB, industry has developed plantation over 33.77% of total plant (smelter) area.

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Following observations were made during field visit

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2. Plantation areas inside smelter plant boundary and inside CISF Colony, Admin. Building, Training Centre and DPS School of NALCO were visited and verified during inspection. New plantation has also been taken up inside CISF Colony.

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3. Plantation in the areas demarcated in the above annexed map was found to be well maintained. Gap plantation has been done in the areas where earlier plant died. Density of plantation was observed to be more than 2500 Nos./Hectare.

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4. Width/Thickness of plantation around smelter plant boundary was estimated as below:

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a) East: Plantation is there from 10 m to 230 m, at some area, no plantation exists due to presence of plant facilities

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b) West: Plantation exists from 160 m to 450 m, at some parts no plantation exists due to presence of plant facilities.

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c) North: Plantation exists from 70 m to 580 m, at some parts no plantation exists due to

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presence of plant facilities.

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d) South: Plantation exists from 50 m to 550 m.

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5. Uniform plantation within 500 mtrs. of the plant area is not observed because of non-availability of vacant land. Total width of the plant area is about 1400 m and length is about 1500 m.

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6. During the field visit it was noticed that some patch of vacant land is available inside the plant which can be used for plantation. On interaction with the plant authorities, they expressed some constraints and said that, the said vacant space cannot be used for plantation due to security reason.”

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From the above, it is quite apparent that all apprehensions and concerns expressed by the Applicant in the application clearly have been taken care of and addressed. In view of this, nothing further remains for consideration by us in the present proceedings.

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For the aforesaid reason, this O.A. stands disposed off.

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No order as to costs.

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S.P. Wangdi, JM

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Saibal Dasgupta, EM

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4^th December, 2020 O.A. No. 54/2019/EZ avt

Rabindra Prasad Patnaik v. Collector&J District Magistrate

Case brief

What is this about?

What did the court decide?

Rabindra Prasad Patnaik v. Collector&J District Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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