No case was heard as the applicant was absent. The court disposed of the pending matter by directing the State Pollution Control Board to ensure the project proponent complies with the fresh inspection report and undertakes adequate tree plantation to contain fugitive emissions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.08
Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.138/2023/EZ (Earlier O.A. No.181/2022/PB)
IN THE MATTER OF
Dinesh Prasad Chaurasia & Ors. , …Applicant(s) Versus State of Bihar …Respondent(s)
Date of hearing: 07.08.2024
CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : None
For Respondent(s) : Ms. Amrita Pandey, Advocate for Bihar SPCB (in Virtual Mode) Mr. Adarsh Tripathi, Advocate for NTPC (in Virtual Mode),
ORDER
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Narsanda, causing flooding of farmers’ private land making the same infertile.
“ Description of Site:
M/s Kanti Bijali Utpadan Nigam Limited is a unit of M/s National Thermal Plan Corporation (NTPC), Kanti, Muzaffarpur has established 3-numbers of Fly-Ash Dykes & 1-number of Fly-Ash Pond in the north-south area between village: Narsanda & Kanti, PO+PS: Kanti, District: Muzaffarpur. The village Narsanda is situated in the east side of fly-ash dyke No-1 & 2, while Ward no - 8 is situated in the south & Ward No — 7 in the west of village — Kanti from the Fly-ash Pond. The fly-ash is found in practice to store, loading, unloading and transportation outside the fly-ash Dykes & fly-ash Pondon vehicles regularly.
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Factual Status
The Joint Committee visited the fly-ash Dykes and found that:-
1. The Fly-Ash Dykes were not fenced.
2. Paved roads were not constructed & the vehicles were in practice to travel on the dusty path full of fly-ash on soiled roads.
3. Permanent water sprinkling arrangements on Dykes & around the soiled roads of Dyke & Pond were not established.
4. The loading/unloading of vehicle with dry-fly-ash instead of wet-fly-ash were found not in practice.
5. Covering of loaded fly-ash and keeping free-board on the vehicles were found not in practice.
6. The mechanism for washing tyres of the vehicles going outside the Dykes and Pond have not established.
7. The old canal passing near the Dyke no – 1, was not visible, causing erosion of soil and discharge of fly-ash mixing with rain water.
8. Tree plantation around outside the soiled roads not planted and not developed green belt around the Dykes and Pond. So, it is possibility & may cause for the scattering & emission of fly-ash outside the, Dykes & Pond due to storm & rain water, damage to environment, soil & the crops of agriculture land. The old canal was not in existence due the soil erosion and discharge of fly-ash during rainy season as stated by the complainants and local villagers.
Villagers Statements:
1. Shri Kari Sah, S/o Chaturbhuj Sah, Kanti, Muzaffarpur:The unit is discharging wet-fly-ash through 4 numbers of pipelines, from the south of Dykes. The water comes out from the wet fly-ash of the Dykes and flow on the agriculture land, causing damage to soil and crops of agriculture land.
2. Sri Rajesh Prasad, S/o Late Falli Bhagat Narsanda, Muzaffarpur:-
The raiyati land in the east side damaged due to mixing with fly-ash during raining season to discharge of fly ash mixing with rain water.
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3. Sri Pankaj Kumar, S/o Sro Jay Narayan Chaurasia, Narsanda, Muzaffarpur:-
The Old canal covered with soil and fly –ash mixing with rain water and disappeared its existence. So, discharge of rain water into river or other low land area is not functioning properly, causing water logging on agriculture land and contamination of fertile soil with fly-ash.
Findings of Departments
1. Circle Officer, Kanti, Muzaffarpur: (Letter Ref. No. 1091 dated – 16.06.2022)
The land outside the fly-ash Dykes in the north side is not using by the NTPC. So, it is clear that the NTPC is using his own lands for the storage purpose of fly-ash.
2. District Husbandry Officer, Muzaffarpur: (Letter Ref. No: 1209, Dated – 10.06.2022)
Trace of fly-ash has been found in some agriculture lands. It may damage to the health of animals in long run.
3. Executive Engineer, Flood Control Division, Muzaffarpur: (Letter Ref. No. 663, dated:- 09.06.2022)
The upper layer of dry fly-ash in the summer season, causing emission fly ash with wind and may spread nearer agriculture land and may contaminate the fertile soil.
He suggested that water sprinkling arrangement on ash Dykes shall be provided to minimize the emission of flyash. Water may be used for sprinkling from the River Budhi Gandak. This river is situated only 1.0 KM from the Dykes.
4. District Fishery Officer, Muzaffarpur: (Letter Ref. No. 624, dated 09.06.2022)
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The ponds of fishery are 1.0 KM away from the said Flyash Dykes. So, there is no damage to fisheries due to emission of fly-ash.
5. District Agriculture Officer, Muzaffarpur: (Letter Ref. No. 624, Dated 09.06.2022)
The water logging in the agriculture lands are due to rain water in the season and may damage to crops and orchard. The crops and orchard have not been seen healthy in this area due to emission of fly-ash and rain water flow mixing with fly ash and water logging during the rainy season.
Action Taken Report
In similar complaints received from the village and others earlier for violation of environmental laws, the unit was directed to submit Bank Guarantee of Rs. 5,00 crores and accordingly submitted the same in compliance to the Board’s Letter No. Ref No. 3607 dated 21.08.2020.
The State Board issued a Direction again vide Ref. No. 1857 dated 20.06.2022
To submit a “Time-Line-Program” to comply with the directions in the form of “an affidavit” “within 15 days” and submit progress report with evidence quarterly to the Board as mentioned below:
“STOP ACTIVITIES FOR STORAGE/ LOADING/UNLOADING/ TRANSPORTATION OF FLY-ASH FROM THE FLY-ASH DYKES FROM IMMEDIATE EFFECT.
Or
SUBMIT A TIME LINE PROGRAM WITHIN 15 DAYS TO AND SUBMISSION OF PROGRESS REPORT QUARTERLY FROM TODAY FOR THE COMPLIANCE CONDITIONS AS FOLLOWS:
b. Establishment of permanent pipeline for water sprinkling arrangement around the road and the Fly-Ash Dykes.
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Fly Ash Pond
A n d
In addition to the above directions, ensure water sprinkling arrangement in every 6 hrs in a day on the road, Dykes and the pond area and ensure the loading/unloading of vehicles will be conducted with wet-fly-ash instead of dry-fly-ash from immediate effect.
Failing which the Bank Guarantee shall be forfeited without granting any further opportunity.”
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Original Application No.272 of 2019 ( Satyanarayan Sahhi Vs. State of Bihar ). The observations in the Report which have been extracted in para 5 of the Tribunal’s order dated 11.07.2022 read as under:-
“(ii) During inspection, all the four units of the thermal power plant under Stage - I & II, have at present, three ash-ponds of which two ash ponds in use since 1985 with no standard scientific design, take care of all the ash-slurry. The third pond called as ash-dyke, is under construction and is proposed to take care of the ash-slurry from all the said four units of stage- I & II. The ash, at present, being deposited in the said ash-pond nos. 1 & 2 occasionally breach and allow ash-slurry to the adjacent village named Kothiya. Further, for the purpose of ongoing construction of ash-dyke, trucks & lorries ply through the embankment of ash-pond nos. 1 & 2, creating air pollution from the dry ash on the ground and surface. Especially during loading and unloading of fly-ash and movement of the lorries for the purpose of transportation of dry ash to the ash-dyke, under construction, dust rises, creating Air Pollution for the resident in the vicinity. As against the allegation that the required sprinkling of water to suppress dust, was not done, a vehicle for the purpose of sprinkling water could be seen on the job around the ash-pond/ashdyke. However, the villagers contended that water sprinkling was not done regularly;
(iii) As against the contention that the transportation of fly-ash was not done in the covered vehicle, fly ash could be seen during inspection under transportation in covered vehicle;
(iv) During inspection at 5 - 6 locations, fly-ash could be seen dumped near ash-pond no. 2, adjacent to the Kothiya village. Upon query, the management of the plant informed that the local people take out the ash-slurry from the ash-pond and dump the same on the bank, so as to dry it and store it. The wet-ash dumped on the site subsequently becomes dry, and when wind blows, rises as dust causing Air Pollution in the vicinity. Locals, however, refrained from giving any comment on that;
(v) As regards incidence of diseases like Cancer, TB to the villagers and death of animals including damage to the crop, the inspecting team contacted one, Dr. U.K. Chaudhary, Incharge, Primary Health
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Centre, Kanti and Dr. Ashok Kumar, Incharge, Veterinary Hospital, Kanti, who did not affirm in favour of the applicant's allegation. However, the concerned veterinary doctor informed that; in September, 2018, six animals died, but due to the complications relating to pregnancy and in respect of which records are also available;
(vi) As regards crops and plants getting affected adversely due to the pollution from ash ponds, no such sign or symptom were visible. However, the Board requested the Secretary, Agriculture Department, Govt. of Bihar and Secretary, PHED, Govt. of Bihar, vide the Board's letter nos. 7295, dated 12.12.2019 and 7251, dated 12.12.2019, respectively, to arrange for conduction of test on the effects of the activities of thermal power plant in the radius of 10 kilometer on agriculture and also to test at least two samples collected from each panchayat areas in the radius of 10 kilometer for obtaining analytical results in respect of heavy metals. Both the departments have been requested to supply their respective results to the Board so as to report the same further to the Hon'ble Tribunal;
(vii) The allegation of the applicant with regard to pollution of water and resultant adverse effect on the crops and land were also inspected and looked into. After detailed discussions with the management of the plant and physical inspection of the locations, under reference, it was gathered that the thermal power plant, which is required to maintain Zero Liquid Discharge (ZLD), fails to arrest industrial discharge from mixing with the storm water in rainy season. The overflow reaches the lands, in question, causing concern of the people. The facility for the separation of industrial and storm - water drain is inadequate. The problem, under reference, can be taken care of once the management had foolproof system.
In addition to the said discharges in the rainy season, the incidence of seepage from the toe-line of the ash-pond, could be seen, as the existing two ash-ponds in the working condition are not perfectly designed, and therefore, in the near future, when the third pond i.e. ash-dyke becomes operational in the coming 5 - 6 months time, the problem may be solved. After detailed inspection by the team, certain recommendations were made to address the problem:-
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5. That subsequent to the inspection on 06.12.2019 - 07.12.2019, M/s. Kanti Bijlee Utpadan Nigam Limited, Kanti Unit, Muzaffarpur has been served with a Proposed Direction under section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and section 31Aof the Air (Prevention and Control of Pollution) Act, 1981, proposing thereunder environmental compensation in light of the findings during inspection by the Board.”
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“1. A report was sought from District Magistrate, Muzaffarpur and Bihar State Pollution Control Board with reference to the allegation of pollution being caused by fly ash dump set up by thermal power plant at Village Kanti Nagar, District Muzaffarpur, Bihar causing damage to the public health, animal health and ecology in the area.
2. The matter was thereafter considered in the light of report dated 21.12.2019 indicating deficiencies in handling of the fly ash by M/s. Kanti Bijlee Utpadan Nigam Limited, Kanti Unit, Muzaffarpur (KBUNL). The Tribunal directed further remedial action and filing of status report.
3. Accordingly, a status report has been filed by the State PCB on 16.07.2020, mentioning the steps taken including the shortening of timeline for performance of certain jobs, in the interest of the environment. The State PCB, to secure performance has sought bank guarantee of Rs. 5 crores.
4. In view of above, let further action be taken by the KBUNL which may be overseen by the State PCB. The application is disposed of. A copy of this order be forwarded to M/s. Kanti Bijlee Utpadan Nigam Limited, Kanti Unit, Muzaffarpur and the State PCB by email for compliance.”
“1. That in view of the orders passed by the Hon’ble Tribunal, the State Board along with representatives of the District Administration inspected the unit and ash pond of M/S KBUNL on
06.12.2019 and 07.12.2019, in presence of representatives/officers of M/S KBUNL and the local residents including the complainant.
2. That in the said inspection, inter-alia, it was found that the conditions subject to which CTO was granted to M/S KBUNL were not being complied and also the ‘Environmental Clearance’ conditions were not being complied. Some of the violations were
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found are reproduced hereunder: - i. Adequate facility for the maintenance of ash-ponds was not provided, as only one water sprinkling vehicle was seen sprinkling water in insufficient manner; ii. Ash-slurry was found dumped outside the ash-pond and was left to dry; iii. Facility for the management of the seepage water from ash pond was not developed; iv. There was no peripheral drain around the ash-pond to save from breachs; v. There was no separate storm water and industrial waste water drain; vi. There have been cases of breach earlier; and vii. There was lack of security arrangement for the ash-ponds like fencing, lighting, guards, etc. to safeguard the ash-ponds from any tampering and any unforeseen mis-happening.
3. That in view of the aforesaid violations ‘Proposed Direction’ as contained in Memo No. 7310, dated 19.12.2019, was issued, by the Chairman of the State Board in exercise of powers conferred by Section 31A of the Air Act and Section 33A of the Water Act, and served upon 5 M/S KBUNL wherein measures for arresting the pollution being caused were proposed and M/S KBUNL was given an opportunity to file its objections (if any) as to why the Board shall not direct M/S KBUNL to implement/take the said measures in a time bound manner. Further, in the said ‘Proposed Direction’ M/S KBUNL was also directed to showcause as to why ‘Environmental Compensation’ shall not be imposed for the aforesaid violations.
4. That M/S KBUNL filed its reply vide letter no. KBUNL/MTPS/42706, dated 31.12.2019, in which they have admitted the fact of inspection and have also admitted the violations and deficiencies as pointed/noted by the inspecting team.
5. That the timelines proposed by M/S KBUNL in their reply for implementing/taking the measures as proposed by the State Board, were not acceptable to the State Board and accordingly a meeting was convened on 28.01.2020 between the State Board and Officials of M/S KBUNL at the State Board Office at Patna on the issue of timelines proposed by M/S KBUNL. That on the said meeting revised timelines were prepared mutually and M/S KBUNL agreed to implement the said timelines.
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6. That in view of the aforesaid, the State Board accepted the reply filed by M/S KBUNL and allowed the request of M/S KBUNL to relinquish M/S KBUNL from imposing ‘Environmental Compensation’.
7. That, however, since M/S KBUNL had miserably failed to comply with the Consent conditions; ‘Environmental Clearance’ conditions; directions of the State Board and also other important compliances required by the Central Government’s notification the Chairman of the State Board in discharge of his duties and functions directed M/S KBUNL, vide its letter dated 25.02.2020, to furnish a bank/performance guarantee of Rs. 5 crores to ensure compliance/implementation of the work/measures as per timeline mutually agreed and undertaken by M/S KBUNL vide its letter dated 30.01.2020.
8. That M/S KBUNL vides its letter dated 29.02.2020 requested the State Board to not take bank/performance guarantee. However, the State Board did not find the prayer made by M/S KBUNL justifiable 7 considering the human health at stake and directed the appellant to furnish bank/performance guarantee to ensure that the works are carried out as per the timelines mutually agreed.
9. That to the surprise of the State Board M/S KBUNL made a representation for extending the mutually agreed timelines and vide its letter dated 21.05.2020 and 02.07.2020 submitted a fresh timeline for completion of work.
10. That since M/S KBUNL had not furnished bank/performance guarantee the State Board vide its letter dated 21.08.2020 informed M/S KBUNL that their plea for revised/extended time-line may only be considered after furnishing bank/performance guarantee.
11. That M/S KBUNL submitted bank/performance guarantee and accordingly the revised timelines proposed was accepted. 12. That M/S KBUNL feeling aggrieved by the State Board action of taking bank/performance guarantee filed statutory appeal which came to be registered as Appeal No. 10 of 2020, which was dismissed by the appellate authority.
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13. That in view of findings of site visit and earlier action taken by State Board M/S KBUNL has been directed to complete the work and submit an affidavit suggesting time line as to when the work will be completed and in the event of failure to meet the time lines suggested earlier the State Board will forfeit the Bank Guarantee of Rs. 5 crores.”
“ 8. In the present case it is established by the Joint Committee report that the fly-ash dyke were not fenced; paved roads were not constructed due to which dust was getting suspended in air due to vehicular movement; dry fly-ash were being loaded on trucks whereas wet fly-ash is to be loaded to prevent emission; the old canal lying adjoining to the dyke has become defunct due to which during rainy season the storm water gets stagnated and consequently, the storm water, mixed with fly-ash enters into adjoining private lands of the farmers. Letter dated 09.06.2022 of the District Agriculture Officer, Muzaffarpur also substantiates that due to flooding of storm water mixed with flyash, crops have been damaged. It is also evident from the factual and action taken report that the Project Proponent- M/s Kanti Bijali Utpadan Nigam Ltd., Kanti, Muzaffarpur is not complying conditions stipulated in the environmental clearance and Consent to Operate the project. Show Cause notices were issued to the Project Proponent but no remedial measures have been taken by State PCB except obtaining of bank guarantee of Rs. 5 crores from the Project Proponent for compliance with the environmental clearance and Consent to Operate conditions. Further it appears from the report that specific timelines given by the Project Proponent for such compliance have not been adhered/complied so far.”
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Member Secretary, Bihar State Pollution Control Board, were also directed to appear before the Tribunal, producing relevant documents regarding compliance of environmental norms. The State Pollution Control Board was also directed to take further remedial action in accordance with law and file further Action Taken Report within two months.
……………………………..xxx……………….xxx…………………….
5. That pursuant to passing of the order dated 11.07.2022, the Member Secretary, BSPCB; Board Analyst, BSPCB; Scientific Advisor, BSPCB, visited KBUNL and carried a thorough inspection on 30.07.2022. The findings of the inspection are produced below in tabular form.
| Sl | Directions | Compliance | |
|---|---|---|---|
| No. | |||
| 1. | Complete the work of | Complied. | |
| separation of process drain and storm water drain by 31.12.2020 |
|||
| 2. | Make effort for installation of FGD and low NOx burner in both |
Stage-I units (2x110 have been commissioned/retired |
MW) de- from |
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| Stage-I & II units by 31.12.2020 and complete the work latest by 30.06.2021; |
08.09.2021, hence non- operational. Therefore, the compliance w.r.t. installation of FGD and low NOx burner for Stage-I units are not applicable. The installation of FGD and low NOx burner are required to ensure compliance of emission standards for Thermal Power Plants notified by MoEF&CC, Govt. of India dated 07.12.2015, amended vide notification dated-31.03.2021. The installation of low NOx burner have been completed. The installation of FGD is under progress. The installation of FGD to be ensured by 31.12.2022 as per CPCB direction dated- 11.12.2017. The amended MoEF&CC, GoI notification dated- 31.03.2021 permits the category-B Thermal Power Plant (located within 10 Km. radius of non- attainment city- Muzaffarpur) to comply with the emission norms up to 31.12.2023. MTPS comes under category B TPP. It is located within 10 Km. from the limits of non- attainment city-Muzaffarpur. |
|---|---|
| 3. Ensure regular and adequate sprinkling of water on peripheral road of ash-dyke upon which heavy vehicles ply by 31.03.2020’ |
The TPP was using ash pond no.1&2 for the collection of ash slurry from units of Stage-I. these units have been de- commissioned/retired from 08.09.2021 and now not being used for collection of ash (wet ash). The legacy ash from these ponds are excavated and being used by the NHAI, the identified and awarded agency of TPP. |
| The peripheral kachcha embankments-cum-roads of |
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| these ash ponds are being used for transportation of ash by the agency. |
|
|---|---|
| There is no static/ permanent water sprinkler in and around ash pond no. 1 & 2. However, the unit uses mobile water tankers for sprinkling of water on peripheral roads. |
|
| The ash dyke no. 3, an engineered dyke, is being used for wet ash/ash slurry collection with over flow lagoon and Ash |
|
| Water Recirculation System (AWRS) to reuse the water from ash pond in the TPP. Water Sprinkling System has been provided on the road existing between pond no. 2 and ash dyke no. 3. |
|
| Construction of Water Sprinkling System along with embankments of ash dyke no. 3 was found under progress. |
|
| Road connecting NH- 28, Kanti to Kothiya Village and passing between ash pond no. 2 and ash dyke no. 3 is presently kachcha. TPP has requested District Planning Officer, Muzaffarpur for construction of PPC road (Pucca road) along with deposit of Rs. 22 lakh as an advance amount. As reported, tender has been floated by the concerned department. The completion of construction of pucca road is expected by March, 2023, as reported. |
|
| 4. Ensure transportation of fly-ash/soil by |
Being complied. |
| covered vehicle with immediate effect; |
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| 5. | Ensure fencing, lighting and adequate security around the ash- pond/dyke by the end of 30.06.2020; |
Complied. Wire fencing with cemented pillars has been done around the embankments of ash dyke no. 3. Lighting has been done nearby AWRS pump house. Regular watching by the manpower to ensure security around the ash dyke is done. |
|---|---|---|
| 6. | Ensure construction f toe-drain and peripheral drain around ash pond/dyke to stop seepage of water into farmer’s field and also to ensure the there is no breach of ash- pond/dyke in the rainy season by 30.06.2020; |
Complied. Toe-drain and peripheral around the ash dyke no.3 gas been constructed. |
| 7. | Ensure green belt around the peripheral drain of ash- dyke as well as inside and around the plant, wherever space is available by 31.03.2021; |
Plantation has been done in the available space in the plant as well as outside near Stage-II ash dyke under construction at Naryar-Morsanda village between Panapur-Motipur. In addition of the above, 40,000 trees have been planted under Jal-Jeevan- Hariyali Mision, Govt. of Bihar, as reported. |
| 8. | Ensure compliance of the conditions imposed in the environmental clearance/CTO and directions given by the Central Pollution Control Board and State Pollution Control Board; and |
The unit has been regularly submitting the compliance of the conditions of EC to this Board as well as MoEF&CC, Govt. of India & CPCB. The unit has complied the EC conditions except (a) installation of silos for collection of dry ash (b) commissioning of STP and (c) proper control of fugitive emission around the ash pond no. 1 & 2 from where legacy ash is excavated and transported for its use. |
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| The conditions of CTOs are also being complied except installation of FGD. The Govt. of India has extended time for compliance of emission norms for category-B plant by 31.12.2023. |
||
|---|---|---|
| 9. | Installation of dry fly ash silo. |
TPP was in process of installation of silos (2x900 tone capacity) for collection of dry fly ash from Stage-II units. Due to COVID-19 and other contractor’s issues it has not been completed yet. Piling and foundation works have been completed. Presently, unit is collecting dry ash from 4 nos. of buffer hoppers and associated system for its channelization to the users. |
| 10. | Rainwater harvesting | Complied. The consent of Central Ground Water Authority has been received and scheme has been implemented in plant and township area. |
| Rain water harvesting system consisting of ground water recharge pits (18 nos. in plant and colony), surface water storage pond (02 nos.) have been implemented. |
||
| 11. | Sewage Treatment Plant (STP). |
The work order for construction of STP has been awarded. Civil work is under progress. |
| 12. | Charging of lagoon no. 3 (ash dyke) of Stage-I. |
Complied. The pond no 3 of Stage-I, now engineered ash dyke, is being used for collecting the wet ash/ash slurry from Stage-II units. |
| State-I units has been retired from 08.09.2021 |
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| 13 | Charging of ash dyke of Stage-II. |
Ash dyke with over flow lagoon and AWRS are still under construction at Panapur area for Stage-II units. There are land acquisition issues on part land of ash pipe corridor. Presently, ash dyke no. 3 constructed for Stage-I, having sufficient area (approx 80 acres) is being used for collecting the ash |
|---|---|---|
| 14 | Raising of Stage-I (pond 1 & 2). |
Not required in view of the retirement of units I & II of Stage-I. Legacy ash is being utilized from these ponds. |
| 15 | Coal handling plant of Stage-II. |
Complied. Presently, coal requirement of Stage-II is being catered through existing CPH having adequate dust suppression/ extraction system which includes cyclone at crusher house, pre weighting water sprinkler during coal wagon unloading at wagon tippler, movable water tanker to meet any contingency requirement etc. |
| 16 | Ash utilization. | Complied. The unit is presently collecting the dry ash from 4 nos. of buffer hoppers and associated system for its channelization to users. |
| Two nos. dry ash silos having capacity of 900 MT each are still under construction stage. The ash as slurry is collected in ash dyke no. 3 The legacy ash available in pond no. 1 & 2 is being utilized by the NHAI in construction of roads (NH 527C and NH319). |
||
| As reported, the unit has 8 lakh MT legacy ash inpond |
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6. That Earlier, the TPP was using ash pond no. 1 & 2 for the collection of ash slurry from units of Stage-I. These units have been de-commissioned from 08.09.2021. The aforesaid ash ponds are now not being used for collection of ash slurry (wet ash).
7. That the legacy ash from these ponds are excavated and being used by the NHAI, the identified and awarded agency of TPP.
8. That the peripheral kachcha embankments-cum-roads of these ash ponds are being used for transportation of ash by the agency.
9. The Narsanda village is located in the south direction from the ash pond no. 1 & 2 with legacy ash.
10. There was no any discharge from these ponds to any adjoining agricultural land. However, the run- off water during rain with ash available on the peripheral kachcha embankments-cum-roads may go to nearby agricultural land.
11. The TPP has a proposal for installation of solar PV plant through its Renewable Energy Department in the ash pond no. 1 & 2 after utilization of available legacy ash/ stabilization/reclamation.”
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| “Sl. No |
Factual status as Per Joint Committee report submitted to NGT |
Clarification / Compliance status / Scheduled timeline program to comply directions |
|---|---|---|
| 1 | The Fly-Ash Dykes were not fenced |
The fencing is done as a security measure to avoid any encroachment in the ash dyke. It must be mentioned that during visit of the Joint Committee the fencing work at lagoon 3 was under progress and the same has been completed as of the present date. As mentioned above, it is pertinent to mention that the total area of Lagoon 1 and 2 is 210 Acres. The Answering Respondent undertakes to complete the work of fencing as directed or recommended in the report by 8 months from the date of the present affidavit. The Answering Respondent further undertakes that the work of fencing shall be done on the same lines as it has been completed for Lagoon 3 as duly observed by the Committee in its recent inspection carried in pursuance to the order dated 11.07.2022 of this Hon’ble Tribunal. |
| 2 | Paved roads were not constructed & the vehicles were in practice to travel on the dusty path full of fly-ash on soiled roads. |
WBM road has already been constructed around periphery of ash dyke (lagoon 3) as per engineering design of dyke. It is further submitted that Cement Concrete (CC) Approach road is already available between lagoons 1 & 2. The approach road between lagoon 2 & 3 has already been envisaged and accordingly an advance amount of INR 22 Lacs has already been deposited to DPO Muzaffarpur, Govt. of Bihar as the construction of same is a public work that can be done by respective State Authority. The Answering Respondent has |
21
| requested the State Government |
|
|---|---|
| Authorities to complete the work By 31.03.2023, and the Answering Respondent Undertakes to provide all necessary support and cooperation for the same. The Answering Respondent while depositing |
|
| the advance amount has made two communications dated 30.05.2022 and 05.08.2022 respectively requesting for completion of the paved road work. In addition to above, adequate numbers of water tankers have already been deployed to ensure sprinkling of water on peripheral road to control & mitigate fugitive emission. True copies of the letters dated 30.05.2022 and 05.08.2022 sent by the Answering Respondent to The District Administration are attached herewith and marked as Annexure R-3 (Colly). |
|
| 3 Permanent water sprinkling arrangements on Dykes & around the soiled roads of Dyke & Pond were not established |
Permanent pipeline for water sprinkling arrangement around on the approach road already laid and permanentwater sprinkling system is functional. The Sprinkler system along the periphery of lagoon 3 shall be installed by 30.09.2022 (already pipeline has been completed). Further, the remaining sprinkler system for Lagoon 2 shall be completed by March, 2023. The Sprinkler system on the roadbetween lagoon 2 and 3 is already functional. Till the time similar arrangement is made for Lagoon 1 like Lagoon 2 and 3, the Answering Respondent has started keeping sufficient number of mobile sprinklers (two in number which are sufficiently cateringthe need of sprinkling to eliminate fugitive emission) ready pursuant to the inspection by the Committee and further undertakes to keep ready sufficient mobile |
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sprinklers at all the time to keep the peripheral area of Lagoon 1 moist to eliminate any possibility of fugitive emission. A true copy of the contract/award placed for arrangement of mobile sprinklers with the vendor is attached herewith and marked as Annexure R-4. 4 The loading/ With respect to modality/methodology for unloading of lifting of ash while observing all compliances, vehicle with dryAnswering Respondent has created a check fly-ash instead of post directly wet fly- ash were under its control and monitoring, where a found not in sub-contractor with its staff is duly stationed practice to inspect each and every truck moving out. AND The sub- contractor is constantly monitored by two executives / Covering of loaded employees of the Answering flyash and Respondent from concerned department. keeping freeThese two officers are regularly inspecting board on the the records, Conducting daily inspections on vehicles were 2-3 occasions, and further passing found not in necessary orders. The practice. checklist prepared by NTPC Ltd., Kanti (erstwhile KBUNL) is attached that contains all the compliances including free board, covering the ash, lifting only moist ash, sticker, etc. Further, Respondent undertakes to follow this mechanism in the best possible way, to avoid any violation and further to ensure that no incident of such unauthorised lifting in violation of norms is taking place. The said mechanism is duly ensuring that no fugitive emission is taking place, and any isolated incident of such dry ash lifting as observed by the Committee shall be strictly dealt by the Answering Respondent. A true copy of the checklist prepared for outwards moving of the vehicles from plant premises is attached herewith and marked as Annexure R-5. 5 The mechanism With respect to cleaning of tyre, a plan has for washing been made to create a platform next to the tyres of the water sprinkler to ensure that the tyres are vehicles going cleaned before coming on the road. The outside the sprinkler system would have a constant Dykes and water supply for cleaning Pond of tyres within the dyke area to avoid any have not emission. This entire plan including the construction of platform shall be completed within a period of 3 months i.e. 30.11.2022. Till then, a contingency arrangement is made from AWRS pump discharge line within dyke area to clean the tyres before the truck
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| established | reaches the road. This is being further strengthened by building a platform. |
|
|---|---|---|
| 7 | The old canal passing near the Dyke no – 1, was not visible, causing erosion of soil and discharge of fly- ash mixing with rain water |
It is submitted that neither there has been nor there is any canal in the plant premises owned by the Answering Respondent. Lagoon 1 and 2 both contain an AWRS pump house for eventuality of heavy rains to recycle the water inside the plant. The pumps were installed in April, 2018 with a capacity of 2 X 500 M3 per hour. Lagoon 1 is 150 Acre and Lagoon 2 is 60 Acre, and thus, the pumps are sufficient to move the water in case of heavy rains on rare occasions. The present Ash disposal area /pond is owned by Answering Respondent and no ash is being dumped by Answering Respondent outside designated ash pond area. In the order dated 11.07.2022, Circle Officer, Kanti, Muzaffarpur has also stated that “it is clear that the NTPC is using his own landsfor the storage purpose of fly-ash” |
| 8 | Tree plantation around outside the soiled roads not planted and not developed green belt around the Dykes and Pond |
It may be noted that greenbelt is already available at south side of lagoon–III. Further, on east side of lagoon 3, tree plantation will be done by 30.11.2022 in available and owned land of Answering Respondent. TheAnswering Respondent undertakes to plant 300 saplings to aid in afforestation. |
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| Sl. No |
Directives | Clarification / Compliance status / Scheduled timeline |
|---|---|---|
| Fly Ash Dyke (lagoon 3) : |
||
| 1 |
Stop activities of storage / loading /unloading Transportation of fly ash from fly ash Dykes from immediate effect |
The MOEF Notification dated 31.12.2021 directs disposal of the current ash as well as legacy ash in a defined timeframe. Answering Respondent by virtue of its MOU with NHAI is ensuring that the fly ash is utilized strictly in compliance with the MOEF Notification. Further, as mentioned in preceding paragraphs, the Answering Respondent by putting a checkpost through is directly monitoring further compliances such as free board, moist ash, covering, etc., is being ensured through a dedicated team of subcontractor. Or |
| a | Construction of fencing wall around ash dykes |
Answering Respondent has achieved completion of barbed wire fencing around ash dyke (lagoon 3) for safety purpose as of date as mentioned in the preceding paragraphs. |
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| b | Establishment of permanent pipeline For water sprinkling Arrangement around the road and fly ash dykes. |
Permanent pipeline for water sprinkling arrangement around on the approach road already Laid and permanent water sprinkling system is functional. The Sprinkler system along the periphery of lagoon 3 shall be installed by 30.09.2022 (already pipeline has been completed). |
|---|---|---|
| c | Construction of paved road around dykes to suppress fugitive emission during transportation of vehicles |
WBM road has already been constructed around periphery of ash dyke (lagoon 3) as per engineering design of dyke. It is further submitted that Cement Concrete (CC) Approach road is already available between lagoon 1 & 2. The approach road between lagoon 2 & 3 has already been envisaged and accordingly an advance amount of INR 22 Lacs has already been deposited to DPO Muzaffarpur, Gov. of Bihar as the construction of same is a public work that can be done by respective State Authority. The Answering Respondent has requested the State Government Authorities to complete the work by 31.03.2023, and the Answering Respondent undertakes to provide all necessary support and cooperation for the same. The Answering Respondent while depositing the advance amount has made two communications dated30.05.2022 and 05.08.2022 respectively requesting for completion of the paved road work. In addition to above, adequate numbers of water tankers have already been deployed to ensure sprinkling of water on peripheral road to control & mitigate fugitive emission. |
| d | Ensure loading & unloading of wet fly ashfrom the dykes |
Presently lagoon 3 is under charging condition and no ash is being lifted / transported for ash utilization. |
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| e | Ensure to allow the loading of vehicles with free board & covering of materials properly and after cleaning tyres before transportation outside from the dykes |
Presently lagoon 3 is under charging condition and no ash is being lifted / transported for ash utilization. |
|---|---|---|
| f | Development of green belt side by side around the dykes. |
It may be noted that green belt is already available at south side of lagoon–III. As mentioned above, on east side of lagoon 3, tree plantation will be done by 30.11.2022 in available and owned land of Answering Respondent. The Answering Respondent undertakes to plant 300 saplings to aid in afforestation. |
| FLY ASH POND (Lagoon 1 & 2) |
||
| a | Establishment of permanent pipeline for water sprinkling arrangement around the road and fly ash ponds |
Permanent pipeline for water sprinkling arrangement on the approach road between lagoon 2 & 3 is already laid and permanent water sprinkling system is functional. Movable water tankers have already been deployed to ensure sprinkling of water on peripheral road to control & mitigate fugitive emission. Further, as mentioned in the preceding paragraphs, the Answering Respondent is getting the sprinkler system functionalin the remaining area. Furthermore, the Answering Respondent has arranged and will continue to arrange sufficient number of mobile sprinklers for Lagoon 1 and 2. |
| b | Construction of paved road around the pond to Suppress fugitive emission during Transportation |
As mentioned in the precedingparagraphs, the Answering Respondent has taken necessary steps by depositing theamount to District Administration for construction of road and with a request to construct the same at the earliest. As mentioned above, the Answering Respondent shall make best efforts to coordinate with the District Administration to get the work completed. |
| e | Ensure loading & Unloading of wet fly ash from them dykes instead of dry fly ash |
Answering Respondent by virtue of its MOU with NHAI is ensuring that the fly ash is utilized strictly in compliance with the MOEF Notification. Further, as mentioned in preceding paragraphs, the Answering Respondent by putting a checkpost is directly monitoring further compliances such as free board, moist ash, covering, etc., is being ensured through a dedicated team of sub- contractor. |
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| d | Ensure to allow the loading of vehicles with free board & covering of Materials properly and after cleaning tyres for transportation |
Answering Respondent by virtue of its MOU with NHAI is ensuring that the fly ash is utilized strictly in compliance with the MOEF Notification. Further, as mentioned in preceding paragraphs the Answering Respondent is directly monitoring further compliances such as free board, moist ash, |
|---|---|---|
| e | Development of green belt side by side around the road around the Pond |
There is no land owned around Lagoon 1 and 2 by the Answering Respondent, therefore, the green belt could not be undertaken around Lagoon 1 and 2. |
| and | ||
| In addition to above directions, ensure water sprinkling arrangement in every 6 Hrs in a day on the road, dykes and pond area & ensure the loading, unloading of vehicles will be conducted with wet fly ash instead of dry fly ash from immediate effect. |
Permanent pipeline for water sprinkling arrangement on the approach road between lagoon 2 & 3 is already laid and permanent water sprinkling system is functional. Movable water tankers have already been deployed to ensure sprinkling of water on peripheral road to control & mitigate fugitive emission. Further, as mentioned in the preceding paragraphs, the Answering Respondent is getting the sprinkler system functional in the remaining area. Furthermore, theAnswering Respondent has arranged and will continue to arrange sufficient number of mobile sprinklers for Lagoon 1 and 2. |
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“4. ……………xxx……………….……….xxx……………xxx…………..
”vii. As per the order dated 19.04.2022 of this Hon’ble Tribunal, Joint Committee visited above ash dyke area on 19.05.2022 and found that there is no discharge from lagoon 1 to nearby villager’s field as alleged in the complaint made by the Applicants. viii. It is pertinent to point out that subsequent site visit of Bihar State Pollution Control Board (“ BSPCB ”) officials (Member Secretary, BSPCB & his team) was carried out on 30.07.2022. During above visit also, it was observed that no ash slurry water was found to be going in the nearby fields from the plant of the Answering Respondent."
“18. …………….xxx………………xxx……………..xxx………….
So, it is possibility & may cause for the scattering & emission of fly-ash outside the, Dykes & Pond due to storm & rain water, damage to environment, soil & the crops of agriculture land. The old canal was not in existence due the soil erosion and discharge of fly-ash during rainy season as stated by the complainants and local villagers."
" Villagers Statements:
4. Shri Kari Sah, S/o Chaturbhuj Sah, Kanti, Muzaffarpur:-
The unit is discharging wet-fly-ash through 4 numbers of pipelines, from the south of Dykes. The water comes out from the wet fly-ash of the Dykes and flow on the agriculture land, causing damage to soil and crops of agriculture land.
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5. Sri Rajesh Prasad, S/o Late Falli Bhagat Narsanda,
Muzaffarpur:-
The raiyati land in the east side damaged due to mixing with flyash during raining season to discharge of fly ash mixing with rain water.
6. Sri Pankaj Kumar, S/o Sro Jay Narayan Chaurasia,
Narsanda, Muzaffarpur:-
The Old canal covered with soil and fly –ash mixing with rain water and disappeared its existence. So, discharge of rain water into river or other low land area is not functioning properly, causing water logging on agriculture land and contamination of fertile soil with fly-ash.
Findings of Departments
6. Circle Officer, Kanti, Muzaffarpur:
(Lettter Ref. No. 1091 dated – 16.06.2022)
The land outside the fly-ash Dykes in the north side is not using by the NTPC. So, it is clear that the NTPC is using his own lands for the storage purpose of fly-ash.
7. District Husbandry Officer, Muzaffarpur: (Letter Ref. No: 1209, Dated – 10.06.2022)
Trace of fly-ash has been found in some agriculture lands. It may damage to the health of animals in long run.
8. Executive Engineer, Flood Control Division, Muzaffarpur: (Letter Ref. No. 663, dated:- 09.06.2022)
The upper layer of dry fly-ash in the summer season, causing emission fly ash with wind and may spread nearer agriculture land and may contaminate the fertile soil.
He suggested that water sprinkling arrangement on ash Dykes shall be provided to minimize the emission of fly-ash. Water may be used for sprinkling from the River Budhi Gandak. This river is situated only 1.0 KM from the Dykes.
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9. District Fishery Officer, Muzaffarpur:
(Letter Ref. No. 624, dated 09.06.2022)
The ponds of fishery are 1.0 KM away from the said Fly-ash Dykes. So, there is no damage to fisheries due to emission of flyash.
10. District Agriculture Officer, Muzaffarpur: (Letter Ref. No. 624, Dated 09.06.2022)
The water logging in the agriculture lands are due to rain water in the season and may damage to crops and orchard. The crops and orchard have not been seen healthy in this area due to emission of fly-ash and rain water flow mixing with fly ash and water logging during the rainy season".
the Joint Committee dated 29.06.2022 and 20.09.2022 clearly acknowledge the possibility of scattering and emission of fly ash outside the Dykes and Pond due to storm and rain water, causing damage to soil and agricultural crops and also do not completely negate or refute the claim of the Applicants. The Tribunal, therefore, constituted a Committee comprising of the following Members:-
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“Report on behalf of Joint Committee.
…………….xxx…………………xxx……………….xxx…………………..
On inspection it was noticed that fly-ash was found scattered outside the ash pond on agricultural lands. However, storing, loading, unloading and transportation of fly-ash from ash-pond no. 1 have been stopped by the project proponent. The villagers informed that there was a old cannel passing through Narsanda village which is now blocked due to fly-ash and as such water containing fly-ash enters their agricultural field.
Statements of villagers were also taken on the day of inspection, the villagers have stated before the joint committee that due to scattering and emission of fly-ash and flow of rain water mixed with fly-ash have affected their cultivation (betel) and compensation
32
shall be paid to them. Some of the villagers informed that some persons are still lifting/picking fly ash from fly ash pond no. 1, about which they have informed the concerned authorities of NTPC.
Representatives of NTPC informed that, at present fly-ash is not being stored in fly-ash pond no. 1 & 2 and it is being stored in flyash pond no. 3 which is a scientifically designed ash-pond. NTPC has stopped storage and removal of fly-ash from fly ash pond no. 1 & 2 and has also installed a notice board to the above effect.
ADM, Muzaffarpur instructed Sri Shashi Shekhar, Assistant Director, Agriculture Engineering, Muzaffarpur, to determine degradation of soil by taking samples from affected and unaffected adjoining agriculture fields and get it tested from a recognized laboratory. He also instructed to determine the quantum of damage to agricultural crops and fruit bearing tress due to scattering and emission of fly-ash, as alleged in the petition.
(5) That four (4) samples of soil were collected from the concerned agricultural fields affected by fly-ash and from the adjoining agricultural fields which is not affected by the fly-ash and were tested in District Soil Testing Laboratory, Agriculture Department, Muzaffarpur, and report dated 15.12.2022 was made on the findings of the laboratory report. In the said report, it is reported that that there is no substantial difference in the fertility of the soil sample collected from the alleged affected and unaffected agricultural lands. As such there is no degradation of soil due to fly-ash entering the farmers land.
(6) That the District Agriculture Officer, Muzaffarpur, in his report has further reported that due to thick layer of fly-ash over leaf, the photosynthesis as well as transpiration capacity of plants might have been adversely affected. But, the District Agriculture Officer has not submitted any conclusive scientific or factual report regarding the same. A copy of the inspection report dated 28.11.2022 with soil testing report are annexed and marked as Annexure-1.
(7) That the concerned Assistant Director of Horticulture, Muzaffarpur, in his report submitted to the District Agriculture Officer, Muzzafarpur, has not conclusively reported any damage to the productivity of the horticultural crops in the agricultural
33
lands under reference. A copy of the report of the Assistant Director of Horticulture, Muzaffarpur is annexed and marked as Annexure-2.”
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“ ORDER
1. In compliance of order dated 05.01.2023, reply has been filed by the Project Proponent vide email dated 18.03.2023.
2. The applicant was sent VC link for joining the proceedings today but the applicant could not join on which we have communicated with him through mobile phone.
3. The applicant has made submissions that the damage to agricultural crops caused by the air and water pollution has not been completely remediated and no CSR activities have been carried out in his village by the Project Proponent. The applicant has also made prayer for providing him legal assistance.
4. The aspects of taking of appropriate remedial measures for damage caused to soil, agricultural crops/fruit bearing trees and the details of CSR activities carried out by the Project Proponent are required to be looked into.
5. The Project Proponent is directed to file its detailed reply with respect to the above aspects within four months by email at [email protected] preferably in the form of Word file/searchable PDF/OCR Supported PDF and not in the form of Image PDF.
6. The applicant is informed that he may apply to the National/ State Legal Services Authority for providing legal aid to him.
7. The Registry is also directed to ensure that as and when any application for legal aid is received from the applicant, the requisite action is immediately taken on the basis thereof and needful is done.
8. List for further consideration on 03.08.2023.”
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Original Application has been re-numbered as Original Application No.138/2023/EZ.
“a) Three days Mushroom farming training session for Villagers;
b) Distribution of Seeds for Mushroom farming.
c) Project for promotion of Menstrual hygiene for school girls etc.
d) Lac Bangle making training programme to empower the women residing near to Kanti.
e) Programme on beekeeping for Villagers.
f) Distribution of honey box for Beekeeping.
g) Distribution of 17 no. bench and desks in the Government Schools;
h) Self-employment Training & Development Programme from CEPET.,
i) Girl Empowerment Mission Program; (40 girls one month summer camp training for better future)
j) Construction of Chhath Ghat at ward no.-13, Kotha Vilalge under Kanti block.
k) Weekly Medical Camp along with distribution of prescribed medicines.
l) Eye check-up.
m) Tri-cycle distribution”
36
“a) construction of Drain from Kanti Block to Kanti Mann
b) Construction of road, new gate, guard room, PCC around hospital building at PHC Kanti
c) Construction of Road from NH-28 to Kothia Village
d) Skill Development Training from CIPET for which MOU signed and payment released to CIPET.
e) Tri-cycle distribution-50 no procured.
f) Kapoor making training
g) Candle making training
h) Bari-Papar training
i) Achar – training
j) Bekri Training
k) Providing infrastructure facility like Bench-desk, Fan, Almirah, Board etc. for improving learning levels in Government Schools in the vicinity of the station
l) Making primary healthcare accessible, affordable, affordable and inclusive by deploying Mobile Health Clinic
m) Activity for maternal and child health in the vicinity of the station
n) Weekly health check-up and distribution of prescribed medicines.”
37
were found to be healthy and showed no sign of adverse effect of fly ash pollution. It is also stated that various additional measures like – stoppage of ash lifting from lagoon-1, installation of permanent sprinklers, sufficient deployment of movable water sprinklers have been adopted by the Muzaffarpur Thermal Power Station (MTPS) to mitigate further fugitive emission.
Introduction & Background
1. The Hon'ble NGT has registered a complaint case (O.A. No. 181/2022) based on the letter petition sent by Mr. Dinesh Prasad Chaurasiya and other residents of Vilage- Narsanda, P.O.-Kanti, Dist.:- Muzaffarpur with the allegation that fly ash is dumped and effluent is discharged by Kanti Bijlee Utpadan Nigam Ltd. (KUBNL), NTPC, Kanti, Muzaffarpur on adjoining agriculture land in village Narsanda causing flooding of farmer's private land and making the same infertile. The aforesaid O.A. Number has been transferred to Eastern Zone and filed under reference O.A. no. 138/2023/EZ (earlier O.A. No. 181/2022/PB).
2. The Hon'ble NGT in the aforesaid matter directed to constitute a Joint Committee for carrying site inspection of Fly ash dykes, established near village:- Narsanda and directed to submit factual report on the status of 38
air, water and soil pollution due to storage of fly ash loading and unloading on vehicles and Action Taken Report to the Hon'ble NGT.
The Joint Committee constituted with the representatives from the Central Pollution Control Board, Regional Office, Kolkata; Ministry of Environment Forest and Climate Change, Govt. of India, Regional Office Ranchi; Bihar State Pollution Control Board; District Magistrate, Muzaffarpur, had carried out Site Inspection on 19.05.2022 and prepared a report to the Hon'ble NGT. The Joint Committee Inspection Report was filed by the Bihar State Pollution Control Board before the Hon'ble NGT along with affidavit on 02.01.2023. The case was subsequently transferred to National Green Tribunal, Eastern Zone Bench, Kolkata.
3. The Hon'ble NGT, Eastern Zone Bench, Kolkata vide its order dated 12.04.2024 in the case no. OA.138/2023/EZ (earlier O.A. 181/2022/PB) had directed that the Joint Committee, constituted by the Hon'ble NGT vide order dated 19.04.2022, that a fresh Inspection Report is to be filed by the Bihar State Pollution Control Board with regard to the compliances status that have been carried out by the NTPC Limited, in their affidavits, particularly with reference to the findings recorded by the Joint Committee in its report filed through the Bihar State Pollution Control Board dated 02.01.2023. The affidavit is to be filed within four weeks.
4. The unit was inspected on 15.05.2024 by the Joint Committee constituted in compliance with the order of the Hon'ble NGT in O.A. No. 181/2022. The following committee members inspected the unit and site under reference: -
39
xi. Dr. Awadesh Kumar, Assistant Poultry Officer, Muzaffarpur; xii.Ms. Rishika; Circle Officer, Kanti, Muzaffarpur;
xiii. Shri Tapas Saha, General Manager, Operation & Maintenance, MTPS NTPC Ltd., Kanti, Muzaffarpur.
5. Muzaffarpur Thermal Power Station, NTPC Ltd. (MTPS, NTPC Ltd.) erstwhile Kanti Bijlee Utpadan Nigam Ltd. (KBUNL), Post:- Kanti Thermal, Dist.:-Muzaffarpur is a coal based Thermal Power Plant. Initially, this TPP was established for 2x110 MW power generation from Unit-I & II under Stage-1 programme in 1985-86. The unit has been expanded by establishing 2x195 MW power generation as Unit-III & IV under Stage-2 programme.
6. The old units (I & II) of Stage-1 are non-operational and have been retired from 08.09.2021, as reported by the representatives of MTPS, NTPC Ltd. The new units (III & IV) of Stage-2 are only operational as of now.
7. The Hon'ble NGT vide order dated-19.04.2022 in the aforesaid matter directed to ascertain the factual position in the matter through a joint committee of representative of CPCB; Regional Office, MoEF&CC, Got, Ranchi; State PCB; and DM, Muzaffarpur.
In compliance of the above, the joint committee inspected the site on 19.05.2022 and based on the observations, factual position an action taken report was submitted before the Hon'ble NGT vide Board's e-mail dated- 29.06.2022.
8. In compliance with the further order of the Hon'ble NGT dated11.07.2022, the unit was further inspected by Bihar State Pollution Control Board on 30.07.2022 and submitted action taken report to Hon'ble NGT on 22.09.2022.
40
9. The Hon'ble NGT vide order dated-12.04.2024 has mentioned that the District Agriculture Officer, Muzaffarpur has reported that due to thick layer of fly ash over leaves, photosynthesis as well as transpiration capacity of the plants might have been affected but the District Agriculture Officer, Muzaffarpur has not submitted conclusive scientific or factual report regarding the same. The Assistant Director of Horticulture, Muzaffarpur has not conclusively reported any damage to productivity of horticultural crops in the agriculture land under reference. There was no report with regard to damage caused to the crops and the financial loss incurred.
10. Bihar State Pollution Control Board has requested the Assistant Director of Horticulture, Muzaffarpur and District Agriculture Officer, Muzaffarpur to clarify the damage caused with the cost, if the crops are damaged and productivity of the horticulture crops in the agriculture land under reference vide Board's ref. no.1064, dated11.06.2024 and further vide Board's ref. no. 1137, dated21.06.2024.That after observing non-response, the Bihar State Pollution Control Board has requested the District Magistrate, Muzaffarpur to direct the concerned officers of the Agriculture Department and the Horticulture Department to submit the required report vide letter no.-I/145844/2024 dated: 20.07.2024.
11. The District Agriculture Officer, Muzaffarpur has reported vide its letter no. 1793 dated: 22.07.2024 that there is no difference in the pH value and micro nutrients availability in the soil samples tested from the village Narsanda, Kanti Block, Muzaffarpur based on the random sampling conducted on various period of time, as part of the data collection for the statistical department. The District Agriculture Officer, Muzaffarpur has further reported that the above observation were recorded from the impacted and non-impacted area/land from the different agricultural land (including the horticulture crops) in the village- Narsanda in Kanti Block, Muzaffarpur district.
12. The District Agriculture Officer, Muzaffarpur has reported that there is no significant difference in crop productivity data of the area adjacent to MTPC, NTPC Ltd., Kanti, Muzaffarpur and different Panchayat areas of Kanti Block, Muzaffarpur.
13. The related report submitted by the District Agriculture Officer, Muzaffarpur.
14. That, during the inspection the committee observed the following: - a) The unit has installed silos (2x900 tone capacity) for collection of dry ash from Stage-II units.
| Particulars | Quantity generated |
Quantity utilized |
Balance quantity |
|---|---|---|---|
| Current ash generation during |
8,50,171 MT | ||
| April, 2023 to | |||
| March, 2024 | |||
| Ash stocked at the | 8,96,393 MT | 7,21,564 MT | |
| beginning of period April, 2023 to March, 2024 |
10,25,200 MT | ||
| Legacy Ash (Ash | 0 | 0 | 0 |
| Pond No.-1) under reclamation |
|||
| Total | 17,46,564 MT | 10,25,200 MT | 7,21,564 MT |
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15. Recommendation:
1. MTPS, NTPC Ltd,. Muzaffarpur shall ensure that excavation, loading, unloading and storage of ash are done in environmentally sound manner with all precautions to prevent air & water pollution like regular water sprinkling and transportation of ash in covered vehicles and shall submit the status report regularly in the prescribed format as per the MoEF&CC, GoI notification no. 5481 (E), dated-31.12.2021.”
43
also noted that when no response was received, the State Pollution Control Board requested the District Magistrate, Muzaffarpur to direct the concerned officers to submit their report.
44
Unit has also submitted current ash utilization status/ash compliance report in compliance of the MoEF&CC, Government of India, Notification No.5481 (E) dated 31.12.2021 for the period of 2023-24; there was no discharge from the ponds and ash dyke to nearby agriculture land; the Unit was using water sprinkling system for suppression of dust to avoid fugitive emission. During inspection visit, the Committee did not observe any ash deposition on the leaves of nearby plants. It is also noted that District Agriculture Officer, Muzaffarpur, has reported that there is no significant comparative difference in the pH value and micro nutrients availability in the soil samples collected from the Narsanda Panchayat and other area of Kanti Block and that crop production has no significant difference in nearby area to MTPS, NTPC Ltd., Muzaffarpur, and other areas apart from the MTPS, NTPC Ltd., Muzaffarpur.
45
rain water causing damage to environment, soil and crops could not be ruled out. The Villager - Shri Kari Sah, S/o Chaturbhuj Sah, Kanti, Muzaffarpur, had complained that the Unit was discharging wet fly ash through four pipelines from the south of Dykes and the water flowing from the wet fly ash of the Dykes flowed over the agricultural land causing damage to soil and crops; the raiyati land in the east side was damaged due to mixing with fly ash during rainy season.
46
that work order for construction of STP has been awarded and civil work is in progress and two dry ash silos having capacity of 900 MT each are still under construction stage.
47
that during its visit there was no fly ash found on leaves of plants etc. showing no ash deposition completely negates the effects of wind, rain and other natural effects over a two year period to wash off the fly ash. In this view of the matter, the photographs which have been filed with the subsequent Joint Committee Report mentioning “no dust particles on leaves’ and ‘dust not observed over leaves’ can only point towards subsequent compliance of environmental norms by the Respondent Thermal Power Plan as of 2024 but cannot overlook the non-compliances and violations as observed by the Joint Committee during its previous inspection.
B. Amit Sthalekar, JM
….......................................... Dr. Arun Kumar Verma, EM
August 07, 2024, Original Application No.138/2023/EZ (Earlier O.A. No.181/2022/PB) AK
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Dinesh Prasad Chaurasia & Ors.
State of Bihar
B. Amit Sthalekar
Arun Kumar Verma
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
