Disposed

Bajrang Agarwal vs

NGT25 Nov 2024Original Application No. 970/2024

Case brief

AI extract

What is this about?

The National Green Tribunal considered an application alleging unscientific fly ash disposal and non-compliance with green belt conditions by industries in Raigarh district. It accepted the Joint Committee report which found no substantial violations today but directed the CECB to issue directions for compliance with recommended monitoring measures and ensured realization of compensation is used f

What did the court decide?

Directed CECB to issue directions to industries to comply with Joint Committee recommendations and ensured realization of environmental compensation in accordance with Environment Restoration Plan pre

Bajrang Agarwal vs — Environment and Pollution | NGT (2024)

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Item No.08

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Court No. 2

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No.970/2024

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Bajrang Agarwal Applicant(s)

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Versus

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State of Chhatisgarh Respondent(s)

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Date of hearing: 25.11.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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A pplicants: Mr. Raj Kumar, Advocate for CPCB (through VC)

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ORDER

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This Original Application was registered on a letter petition sent by Bajrang Agarwal, Adhyaksh, Raigarh Paryavaran Mitra, Office at Ram Niwas Talkies Chowk, Raigarh, Chhattisgarh vide email dated 02.12.2023.

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Complainant has said that large number of medium and large industries are operating in District Raigarh which are mostly coal based such as power plant, furnace industries, coal washeries, coal depo, rolling mills etc. These industries have not made any provision for green belt though under Environmental Clearance conditions, 33% land has to be developed as green belt nor plantation has been carried out. As per data disclosed by Environment Department, these industries are producing every year approximately 1 crore 52 lakhs tons of fly ash which is not being properly disposed of in a scientific manner and dumped in agriculture field, forest area etc. and thereby causing damage to environment. In Raigarh

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city, every person within a radius of 20 kms is suffering on account of unscientific disposal of fly ash. Fly ash fall like rain on each and every house and inhabitants, living in the city.

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Tribunal considered the complaint on 26.09.2024 and found it appropriate to verify the facts, hence, constituted a Joint Committee comprising following: I. Integrated Regional Office, Ministry of Environment, Forest and Climate Change, Raipur;

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II. Central Pollution Control Board (hereinafter referred to as ‘CPCB’ );

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III. Chhattisgarh State Pollution Control Board (hereinafter referred to as 'CSPCB' ) and;

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IV. District Magistrate, Raigarh.

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Joint Committee was required to submit its report within one month but period was extended vide order dated 04.11.2024.

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Now Joint Committee has submitted report dated 21.11.2024 through CPCB. Report states that Raigarh District, State of Chhattisgarh in an industrial hub for Steel and Power Manufacturing Units. There are 34 sponge Iron and Power Manufacturing Units and 7 Thermal Power Plants located in Raigarh area under the jurisdiction of Chhattisgarh Environmental Control Board (hereinafter referred to as ‘CECB’ ). Besides several rolling mills, coal washeries, rice mills, metal recovery plant, Tyre pyrolysis unit are also operating and mainly using coal and biomass as fuel.

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There is only one industrial area in Raigarh i.e., Punjipatra Industrial Park, wherein ferro-alloy and allied industries are located. The major industrial units are in Taraimal, Girvani Village, Tamnar and

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Gharghoda area. Except M/s Jindal Steel and Power Ltd., all other major industries are located outside Raigarh city.

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Joint Committee inspected concerned sites in two phases i.e., from 21.10.2024 to 22.10.2024 and 07.11.2024 to 11.11.2024 to verify factual status of the allegations made by the complainant, collected relevant information from the concerned industries and carry out ambient air quality monitoring and collection of service water service. It also verified factum of compliance of Environmental Clearances and consent conditions by concerned industries. Relevant extract of Report containing observations and recommendations is reproduced as under:

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“6. Observation of the Joint Committee on the ToR to the Committee:

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Based on the deliberations held during the meeting of the Joint Committee, subsequent site inspections of the industries under question, sampling and analysis of ambient air quality/surface water and documents made available to the Committee, the following observations are made on the ToR:

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(i). Whether conditions of Consent and EC are being complied with by industries in respect of disposal of fly ash:

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(a). During the preliminary meeting, the Committee has given an opportunity to the Applicant to submit supporting documents/information, if any, regarding the allegations made in respect of fly ash disposal. Despite giving an opportunity, during the site visit the Applicant neither made available any supporting document nor shown any illegal dumps of fly ash as he claimed in his letter petition. As directed by Hon’ble Tribunal the Joint Committee collected the relevant information regarding ash generation and its disposal from the industries to ascertain the compliance of fly ash disposal as per the stipulated conditions of the Consent and EC of the project concerned.

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(b). It has been observed that three industries (M/s Shiva Shakti Steel Pvt. Ltd, M/s Maa Shakambari Steel and M/s Maa Mangla Ispat) mentioned in letter petition neither having power plants nor generating any fly ash.

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(c). The industries M/s Nalwa Steel and Power Ltd. and M/s Mahaveer Energy Pvt. Ltd. are not complied with the Fly Ash Notification and the condition stipulated.

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(d). The remaining industries referred in the O.A. are complying with the Fly Ash Notification, in accordance with the amendment dated 30.12.2022 in the Ash utilisation Notification, 2021.

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(e). It has been observed that CECB has already developed a monitoring mechanism for regulating the illegal disposal of fly ash and provided toll free WhatsApp number specifically for fly ash related complaints redressal. Based on the documents made available by the CECB, it has been observed that 81 number of complaints have been registered, which inter-alia include 18 industries, wherein so far collected Rs 2,13,56,732/- as environmental compensation against the committed violation in respect of transportation and disposal of fly ash. The details of Environmental Compensation recovered from the industries are enclosed herewith as Annexure-05. The CECB issued SoP vide office order dated 26.06.2024 regarding properly covering of transportation vehicles carrying raw materials and solid waste generated from the industrial units. Copy of the office order is enclosed as Annexure-06.

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(f). During the visit, the Committee observed that two industries namely M/s Nalwa Steel & Power and M/s Mahaveer Energy Pvt. Ltd. disposing fly ash within/adjoining their industrial premises. M/s Nalwa Steel & Power disposing the ash without obtaining any approval from CECB. M/s Mahaveer Energy Pvt. Ltd. obtained permission from CECB vide letter dated 19.01.2023 for disposal of 3000 MT of fly ash in low laying area. But, it has been observed that the unit disposing the ash even after the expiry of permission. The CECB initiated action against both the units and issued Showcause Notice (No. 1757 dated 11.11.2024 and No. 1759 dated 11.11.2024) for imposing environmental compensation towards committed non-compliance.

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(g). It has also been observed that most of the units were installed its own fly ash bricks manufacturing plant and also supplying the fly ash to the nearby brick manufacturing units for further utilization. However, the installed bricks manufacturing plant of M/s Adani Power Ltd. is not in operational during the visit.

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(h). During the visit, the Applicant verbally informed about two locations of illegal fly ash dumping sites and the Committee visited both the locations. In one of the said locations not found any illegal dumping of fly ash. In another location as informed by the Regional Officer of CECB Raigarh, appropriate action has already been taken by the CECB by imposing and recovering Environmental Compensation from the unit concerned. The

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District Collector Raigarh has constituted District Level Fly Ash Management Committee for granting permissions regarding utilization of fly ash in low lying area and noncoal mine voids, which is found to be functional. The copy of the said Committee constitution order is enclosed as Annexure-07.

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(i). The Committee requested the input from the Chhattisgarh State Forest Department regarding alleged illegal disposal of fly ash, if any, in the forest land. In this regard State Forest Department vide letter No.4067 dated 11.11.2024 informed that no such occurrence has been noticed in the forest area after verification of all forest block of Raigarh jurisdiction. The copy of letter received from DFO, Raigarh is enclosed as Annexure-08. The Committee also requested input / comments from the State Agriculture Department. In this regard, the State Agriculture Department vide letter No. 4175 dated 13.11.2024, informed that very few area (46.50 Hectare) was affected due to fly ash disposal in 8 villages of 3 Development Blocks. However, particulars of affected locations have not been mentioned in the said letter and it appears that it is based on the visual observations of field officers, hence CECB and Chhattisgarh State Agriculture Department may jointly reverify the locations and take action accordingly. The copy of letter received from Deputy Director Office of Agriculture, Raigarh is enclosed as Annexure-09. Further, it was also sought information from the State Health Department regarding impact of fly ash on human health, if any. The State Health Department vide letter No. 14522 dated 30.10.2024 informed that no such type of information is available with them. Copy of the reply received from Chhattisgarh State Health Department is enclosed as Annexure-10.

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(j). As per Annual report of FY 2023-24, it has been observed that in Raigarh District out of 28 fly ash generating industries, 6 major thermal powers plants alone contributing 89.13% ash generation and rest 22 industries contributing only 10.87% of ash.

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(k). The Committee observed that out of 16 units visited, the following 5 major thermal power plants are having ash ponds/dykes for ash storage purpose and the quantities of ash stored in it during the visit is furnished below:

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S.	Name of unit	Ash	Capacity	Quantity
No		Pond/Dyke location	of Ash Pond (in lakh m³)	stored (as on 31^st October, 2024)
1	M/s NTPC Lara	Lara	56	45.55 lakh MT

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2	M/s Adani Ltd.	power	Bade Bhandar	84.51	23.55 lakh MT
3	M/s TRN private limited	energy	Bengari	42	20.8 lakhs MT
4	M/s Jindal Ltd, Tamnar	Power	Tamnar	185	161 lakh MT
5	M/s Sharda Ltd. (Formerl SKS Power)	Energy y M/s	Binjkot	9.1	4 lakh MT

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In accordance with the Gazette Notification S.O.6169(E) dated 30.12.2022 of MoEF&CC an amendment in the Ash utilisation Notification, 2021 has been issued and the relevant amended portion is reproduced below:

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(ii) in sub- paragraph (5),-

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(c) after the second proviso, the following proviso shall be inserted, namely: “provided that ash stored in all ash ponds or dykes other than operational ash pond or dyke designated for temporary storage of ash as specified in subpara (6) shall constitute the legacy ash and either to be reclaimed or stabilised or utilized.”

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Based on the above amendment the industries are claiming that the existing fly ash in the active ash dyke/ash pond is not considered as legacy ash and ash disposal is being continued in the existing ash pond without complying with the Fly Ash Notification.

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(l). As per Fly Ash Notification, the industries are disposing fly ash through ash dyke raising, filling in low lying area, supplying to the brick manufacturing units, road construction, cement plants etc. Legacy ash also stored in ash dykes for which action plan is required to be prepared and submitted to the CECB for approval and dispose accordingly. During the visit Committee verified the fly ash generation & its disposal and legacy ash storage in the following units and the details are furnished below.

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S.	Total fly	%	Mode of Utilization of
No	ash	utilization	fly ash
	generation	as per fly
	in TPD*	ash Audit report**

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1	M/s Jindal Power Ltd. Tamnar	21977	101 (As per Audit report 2023-24)	• 01 Brick plant having capacity of 3.50 lacs bricks/day. • Storing in 04 ash pond lagoons having area of 400 acres. • Ash disposed in de- coaled mining areas • Sending to cement plants
2	M/s NTPC Lara	10000	103.55 (As per Audit report 2023-24)	• Sending to NHAI for road construction. • 01 Brick plant having capacity of 60000 bricks/day. • Storing in 03 ash pond lagoons having area of 491 acres.
3	M/s Adani Power Ltd	3512	96.12 (As per Audit report 2022-23)	• 02 Brick plants having total capacity of 1.43 lacs bricks/day. • Filling in low lying area outside the plant premises. • Storing in 02 ash pond lagoons having area of 170 acres.
4	M/s Sharda Energy Ltd. Formerly known as M/s SKS Power	4000	115 (As per Audit report 2022-23)	• Sending to NHAI for road construction. • Filling in low lying area outside the plant premises
5	M/s TRN Energy Pvt Ltd.	4000	61.21 (As per Audit report 2023-24)	• Sending to NHAI for road construction. • Filling in low lying area outside the plant premises
6	M/s Jindal Steel & Power Ltd.	1160	100	• 01 Brick plant having capacity of

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			(As per Audit report 2023-24)	3.0 lacs bricks/day. • Filling in low lying area. • Using in own cement plant • Sending to nearby brick plant.
7	M/s MSP Steel & Power Ltd. (Coal & Char based Power Plant)	650	100 (As per Audit report 2023-24)	• In 02 numbers of Brick plants having capacity of 16000 nos. of bricks each per day • Filling in low lying area.
8	M/s Navadurga Fuels Pvt Ltd (Coal & Char based Power Plant)	177	100 (As per Audit report 2021-22)	• 01 Brick plant having capacity of 30000 bricks/day. • Filling in low lying area
9	M/s Nalwa Steel & Power Ltd (Coal & Char based Power Plant)	187	100 (As per Audit report 2022-23)	• Dumping inside the plant premises.
10	M/s Shree Shyam Ispat Ltd (Coal & Char based Power Plant)	140	100 (As per Audit report 2023-24)	• 01 Brick plant having capacity of 20000 bricks/day. • Filling in low lying area outside the plant premises.
11	M/s BS Sponge & Power Ltd (Coal & Char based Power Plant)	105	98.35 (As per Audit report 2021-22)	• 01 Brick plant having capacity of 10000 bricks/day. • Filling in low lying area outside the plant premises.
12	M/s Anjani Steel Ltd (Coal & Char based Power Plant)	75	100 (As per Audit report 2022-23)	• 01 Brick plant having capacity of 10000 bricks/day. • Also supplying to other brick plant units

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13	M/s Mahavir Energy & Coal beneficiation Ltd (Biomass based Power Plant)	60 100	• 01 Bric having ca 20000 bri • Filling in area in premises.	k plant pacity of cks/day. low lying the plant
14	M/s Shiva Shakti steel Pvt Ltd	The unit does not have fly ash generated.	power plant,	hence no
15	M/s Maa Shakambari steel	The unit does not have fly ash generated.	power plant,	hence no
16	M/s Maa Mangla Ispat	The unit does not have fly ash generated.	power plant,	hence no

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*The present fly ash generation details provided by the units to the committee during the visit.

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**The latest fly ash audit reports available with the units and provided to committee at the time of visit is enclosed as Annexure-11.

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(m). The Joint Committee had a deliberation with the Applicant and he has not provided any substantive evidence in support of his allegations. During the visit of the Committee, despite giving an opportunity, he has not shown any illegal dump sites rather he verbally informed two places (namely where previously illegal disposal of ash has done i.e. Near Navdurga fuels and near Tiwari Dhabha, Lakha Road). The Committee visited both the sites and fly ash dump were noticed in the private land adjacent to the M/s Navdurga fuel Pvt. Ltd. in this regard CECB has already taken action against M/s Navdurga fuel Pvt. Ltd. and already recovered the environmental compensation. No fly ash disposal was observed near Tiwari Dhabha and only char waste stored which is being used for low laying area filling for its commercial establishment.

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(n). No fly ash dump was observed in agricultural field, however at few places near Lakha village, Girwani village char waste disposed on the road side for levelling work which may create air pollution during heavy winds. The local persons informed that generally needy individuals voluntarily put the char on their own land for levelling purpose to construct the house or commercial establishment.

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(o). During the visit, the committee collected the information related to Consent status, ash generation, fly ash audit, green belt verification, land area etc. The compiled information is enclosed as Annexure-12. The locations of the industries visited by the Committee is shown in a google image:

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Image omitted

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(ii). Whether conditions of consent and EC are being complied with by industries in respect of development of green belt / plantation:

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(a). The Applicant alleged that the industries are not made any provision for green belt and 33% of land have not been developed as green belt and it is violation of Environmental Clearance condition. In this regard during the preliminary meeting, the Joint Committee has given an opportunity to the applicant to provide supporting documents/information if any, regarding the allegations made in respect of non-compliance referred therein the letter petition regrading 33% green belt development by the industries. However, the applicant failed to furnish any documents in support of his claim.

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(b). The Central Pollution Control Board in the year March, 2000 has published a Guidelines for Developing Greenbelts [Probes/75/1999-2000]. The Committee perused the said guidelines issued by the Central Pollution Control Board and observed that in the said guidelines the percentage of area, number of plants/density of plantation and time line for compliance have not been explicitly mentioned. However, it appears that based on the National Forest Policy, 1988, condition in the majority of the ECs have been stipulated that 33% area of the project needs to be developed green belt with density of 2500 plants per hectare comprising of native species. Further, observed from the said guidelines that it mainly explains about the type of plants /species and its sustainability in presence of various pollutants.

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(c). Instances have also been noticed that regulatory authorities stipulated a condition permitting the green belt development outside the industry premises in few cases.

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(d). CECB vide letter dated 07.12.2021 & 22.03.2024 issued the instructions to the Regional Offices that the auditing & evaluation of green belt development may be considered by the third party, who has been authorised by the Chhattisgarh State Forest Department. The Committee observed that all the visited units have conducted 3^rd party verification of their green belt development. Accordingly, the above units are made available a

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copy of 3^rd party verification reports in connection with their green belt development. Considering the limited manpower and time constraints, the regulatory authorities while carry out inspections considers the 3^rd party audit report as supporting evidence, since the instructions are issued by the State Authority.

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(e). Based on the 3^rd party verification reports made available by the project authority, it has been observed that all the industries referred therein the O.A. are complying with the EC/Consent condition in respect of green belt development. However, based on the site inspection, the Committee observed that most of the industries have developed green belt as per the EC/Consent conditions.

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(f). During the interaction with few project proponents informed that while planning the layout, it has been ensured that the existing trees are retained to maintain the 33% green belt land. It was also informed by some units that to complete the 33 percent green cover they have planted more trees either on his own land or land acquired from private person / Govt. Department in the nearby vicinity to fulfil the necessary requirement. The shrubs and herbs also planted on available land area.

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(g). During the visit the Committee observed that almost all the industries have developed green belt as per the EC/Consent condition but not developed 3 tier plantations around the periphery of the industry.

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(h). The unit wise green belt development details are furnished below:

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S. No	Unit name	Total area of Plant (in Acres)	Total green belt area (in Acres)	% of green belt	CTO condition for green belt	Type of pl	antation
1	M/s Jindal Power Ltd. Tamnar	889	301	34	Extensive tree plantation in available open area in and out side of unit	Bamboo, Gulmohar Amla,Gua Arkesia, Mahuwa, Subabool	Neem, , va, Ashok, Bija, etc.
2	M/s NTPC Lara	1676. 28	639.78	38	33%	Imli, bamboo, Karanj, G Arkesia, S	Mango, Neem, ulmohar, itapal
3	M/s Adani Power Ltd.	487	195	40	Extensive tree plantation in available open area in and out side of unit.	Mango, bamboo, Citrus, Almond, etc	Guava, neem, Ashok, Arkesia

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4	M/s Sharda Energy Ltd. (Formerly known as M/s SKS Power )	574	192	33	Extensive tree plantation in available open area in and out side of unit.	Mango, Neem, Karanj, Devdar, Amla,Guava, Askok etc.
5	M/s TRN Energy Pvt. Ltd.	548	180	32.8	Extensive tree plantation in available open area in and out side of unit	Mango, Neem, Karanj, Shisham etc.
6	M/s Jindal Steel & Power Ltd.	1913	533	27.86	Extensive tree plantation in available open area in and out side of unit.	Bamboo, Neem, Gulmohar, Amla, Guava, Arkesia, Ashok, Mahuwa, Subabool, Shisham etc.
7	M/s MSP Steel & Power Ltd	126	41.58	33	33%	Neem, Gulmohar, Arkesia, Ashoka, Teak, Peltafarm
8	M/s Navadurga Fuels Pvt. Ltd.	47	15.5	33	33%	Cassiasammia, peltaform, Karang, Gulmohar
9	M/s Nalwa Steel & Power Ltd.	220	75	34	33%	Bamboo, Neem, Gulmohar, Arkesia, Lemon, Ashok, Mahuwa, Saal, Bija, Tendu, Subabool
10	M/s Shree Shyam Ispat Pvt. Ltd.	70	24	34.2	Extensive tree plantation in available open area in and out side of unit.	Mango, Neem, Gulmohar, Peltafarm, Guava, Askok, Cassiasamia, mahuva
11	M/s BS sponge Pvt. Ltd.	108.0 6	35.64	33	Extensive tree plantation in available open area in and out side of unit.	Sagwan, Teak, Ashoka, Mango, Amla, Tulsi, Curry leaves, Neem, gulmohar
12	M/s Anjani Steel Ltd	150	50	33	Extensive tree plantation in available open area in and outside of unit	Mango, Bamboo, Neem, Karang, Gulmohar, Akesia
13	M/s Mahavir Energy &	27 .15	11	39	33%	Gulmohar, Arkesiaalestonia,

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	Coal					peltafar	m, Sisam,
	Beneficiation Ltd.					Kaju, R Teak, Ashok,	atan jot, Mango, Neem
14	M/s Shiva Shakti Steel Pvt. Ltd.	123	76	38	Extensive tree plantation in available open area in and outside of unit.	Mango, Sagoon, Sammia Poincian other na	Moringa, Cassia , Royal a and tive trees
15	M/s Maa Shakambari Steel	44	15	34	Extensive tree plantation in available open area in and outside of unit	Mango, Neem, Gulmoh Arkesia, Piple, Tendu,	Bamboo, Karang, ar, Mahuva, Papaya, Sitapa
16	M/s Maa Mangla Ispat	48.6	16	33.33	33%	Imli, Bamboo karang, arkesia, Piple, Tendu,	Mango, , Neem, gulmohar, Mahuva, Papaya, Sitapal

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Green belt verification report of the units and plant lay out map indicating green cover is enclosed as Annexure-13.

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7. Other observations:

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(a). Monitoring of Ambient Air Quality:

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(i). In order to assess the Ambient Air Quality of the Raigarh area of Chhattisgarh, during the visit Ambient Air Quality Monitoring for 24 hours was carried out at 8 locations in Raigarh area for the prominent air pollutant parameters viz. PM10, PM2.5, SO2, NOx. The AAQ monitored locations are shown in a google image:

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Image omitted

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(ii). During the visit of the Joint Committee, it has been observed that due to existing poor road condition and heavy vehicular movement in the Raigarh city, high fugitive emission is being generated, which significantly contributing to air pollution in the city. During the interaction with local residents, they informed to the Committee that the frequent movement of multi axel trucks for transportation of coal and iron ore is the major source of air pollution. It was also informed that during night time the coal and iron ore transportation vehicular movement increases.

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(iii). The ambient air quality, monitoring stations were installed at upwind and down wind directions and monitoring carried out for 24-hour basis in Raigarh city during 21- 22nd October, 2024 and 7^th -8^th November, 2024. Monitored data of Ambient Air quality is given below:

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*Sl.* *No.*	*Location*	*PM10* *(µg/m3)*	*PM2.5* *(µg/m3)*	*SO2* *(µg/m3)*	*NOx* *(µg/m3)*
1	RO CECB Office	97	62	32	11
2	Bajarang Agrwal House, Gulmohar Colony	84	52	12	39
3	Banjhinpali	148	82	12	36
4	OP Jindal School, Raigarh	92	64	08	28
5	Apex Hospital, Chatamu nd Chowk	81	52	06	27
6	M/s JSPL model town _Kerajhar _	87	54	12	36
7	M/s MSP Colony, Village Junadih	90	59	09	34
8	Village _Chakradharpur _	76	49	08	34
NAA (Amb mon out f	Q Standard ient air quality itoring carried or 24 Hr basis)	100	60	80	80

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On the basis of above monitored Ambient Air quality data, it has been observed that the average concentration of PM10 (24 Hr basis) was found to be in the range of 76µg/m³ to 148 µg/m³ and exceeding the limit at one location. The PM2.5 was found to be in the range of 49µg/m³ to 82 µg/m³ and exceeding the limit at three locations. The concentration of primary gaseous pollutants i.e. NOx and SO2 were found to be within the limit at all the monitored locations. Movement of heavy vehicle for transportation of raw materials i.e. coal, iron ore etc., are the main source of ambient dust pollution in nearby area. Damaged and Kuccha Road (unpaved) also contributing to increase the dust level in the vicinity of the Raigarh area. High concentration of the dust pollutants in ambient air is found in evening time as compared to the day time due to slow dispersion of pollutants and heavy vehicle movement in night time. The copy of analytical report of the ambient air quality is enclosed at Annexure-14.

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(b). Monitoring of surface and river water Quality:

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The applicant alleged that the water quality of local ponds and river in Raigarh getting deteriorated. To assess the present status of water quality 7 samples of surface water and 3 samples of river water has been collected and analysed in CPCB and CECB Laboratory. The details of the sampling locations are shown below: Image omitted

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Surface and River water sample collection details

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*S.No.*	*Location*	*Remarks*
1	Kelo river upstream near Urdana village	Water is clear no human activity was observed
2	Kelo river midstream near Chakrapath	Water is clear and Celebration of Chhath Puja being organised at bank of river.
3	Kelo river downstream near bade Attarmuda	Water is clear no human activity was observed.
4	Jaisingh Talab	Lot of algal growth observed. The flowers and puja samagri also disposed in it as old temple located at this site.
5	Ganesh Talab	Water is clear no human activity was observed, however due to stagnant condition smell observed
6	BudhiMai Talab	Sewage from nearby area mixing into it and lot of MSW and C&D waste dumped at the periphery of the talab.
7	Kirodimal Nagar Talab	Human activity observed and solid waste and plastic pouches observed
8	Bhagwanpur Talab	Bathing and celebration of Chhatpuja was observed.
9	Vijyapur Talab	Lot of algalgrowth observed.
10	Manjhapara Talab	Algal growth, bathing, idol immersion was observed at this site.

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Analysis result of water samples

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S.	Parame	Kelo R	iver		Talab
*No.*	ters
		Upst	Mid-	Down	Jaisi	Ganes	Bud	Kiro	Bha	Vijya	Manjha
		ream	strea	strea	ngh	h	hi	dima	g	p ur	para
			m	m			mai	l	wan
									pur
1	pH	7.14	7.11	7.23	6.63	7.09	6.97	6.89	6.60	7.14	7.22

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2	Total Solids	117	175	181	607	586	850	309	392	276	800
3	TDS	111	159	162	584	371	828	295	381	268	788
4	Suspen ded Solids	<10	16	19	23	15	22	14	11	14	12
5	COD	06	10	08	28	24	32	22	26	19	39
6	BOD	02	03	03	12	08	14	08	11	07	16
7	Chlorid e as Cl	42	46	48	176	106	220	76	81	69	168
8	Total Alkalini ty	64	78	68	101	98	129	69	84	74	102
9	Total Hardne ss as CaCo3	57	68	71	249	204	400	191	189	154	309
10	Ammon iacal Nitroge n	0.23 4	0.241	0.230	0.43	0.52	13.02	4.80	5.62	3.21	6.60
11	Nitrate as NO3	_<0.02 _	0.053	0.055	0.62	0.48	0.72	0.44	0.56	0.03 3	0.018
12	Nitrite Nitroge n	<0.30	0.012	0.016	0.04 9	0.32	0.44	0.02	0.03 8	0.31	0.54
13	Sulphat e	16	29	26	67	58	176	72	81	74	112
14	Phosph ate as PO4--P	0.48	0.42	0.44	0.52	0.58	0.61	0.26	0.21	0.32	0.51
15	FC	17	63	84	>1600	>1600	>1600	170	350	210	920
16	TC	280	430	350	>1600	>1600	>1600	540	710	920	>1600

¶100

All the values in mg/l except pH. TC & FC values are per 100ml of sample.

¶101

As per the classification and Designated Best Use of inland water quality criteria the river water quality comes under B category and fit for outdoor bathing (Organised). As the Ammonia level was found high in the water samples of Kirodimal nagar Talab, Budhimai Talab, Bhagwanpura Talab, Vijaypur Talab and Manjhapura Talab so the water quality comes under D category and suitable for propagation of wildlife and fisheries. The copy of analytical results of water samples are enclosed as Annexure-15.

¶102

8. Recommendations:

¶103

1. Although the industries have submitted the 3rd party verification report of plantation, the Committee is of the view that the verification report should contain the minimum basic information inter-alia including total area of the

¶104

¶105

Industry/Project, area covered under plantation, density of trees, types of species, survival rate, expenditure incurred, layout plan to the scale, duration of verification etc.

¶106

2. The compliance status of green belt development may be verified once in a year by State or Central Govt. approved agencies. The audited report should be uploaded on the website of the company as part of transparency in the monitoring mechanism.

¶107

3. Ash must be used for back-filling of mine voids, brick works and other construction works. Monitoring of the same should be done periodically and Coal Mining Companies should accept the fly ash from the nearby by Power Plants.

¶108

4. District fly ash disposal Committee and representative of SECL may prepare list of abandoned Coal mines/ non-coal mines / quarries for back filling of mine void purpose and the same may be used by the TPPs in a scientific manner by following the guidelines as applicable and with due permission from the regulatory authorities viz. CECB, DGMS etc.

¶109

5. Any complaint regarding illegal disposal of fly ash is received, the appropriate authorities shall take strict action in accordance with the rules including penal action on transporters may be taken. The State authority may instruct to all transporters for compliance of the SoP issued by State Government for transportation of any raw material and fly ash.

¶110

6. There is need to develop infrastructure and establishment of cement grinding units in Raigarh region or any new cement grinding units in Raigarh area. Initiation of road infrastructure projects such as ring road/ by-pass road shall facilitate both connectivity of the region as well as it will reduce fugitive emission within Raigarh City and also create avenues for utilization of fly ash/ fly ashbased products.

¶111

7. All the internal roads of Raigarh should be widened to the extent possible and ensured periodical maintenance and timely completion of repairing works.

¶112

8. CECB and Agriculture department may jointly verify the ash disposal in agriculture fields and may take action accordingly.

¶113

9. Project Authorities concerned shall effectively comply with regular submission of fly ash utilisation returns and Annual Fly Ash Management Audit report to the regulatory authorities concerned and the same may be uploaded on the website of the Company.

¶114

¶115

10. Legacy ash also stored in ash dykes for which action plan is required to be prepared and submitted to the CECB for approval and dispose accordingly.

¶116

11. The catchment and storage areas of ponds should be protected by Municipal Authorities concerned from any encroachment, since the observed variation on water availability and quality. Plantation and wooden barricading may be done all along the periphery of the ponds to protect from windblown trash deposition.

¶117

12. The CECB may randomly verify the functionality of the brick manufacturing plants and its significant quantity of fly ash utilization for brick and block manufacturing.”

¶118

We find that no substantial violation of environmental norms and laws has been found in the said report and wherever there was some past violation, environmental compensation has also been imposed.

¶119

However, for certain aspects and that too for better supervision, and monitoring of environmental norms, recommendations have been made which are advisory in nature and we do not find that if compliance thereof is required to be ensured by the concerned industries, there will be any serious objection to such compliance.

¶120

We accordingly, do not find any occasion to implead the concerned industries and proceed to issue notices and instead accept the report and direct CECB to issue directions to concerned industries to comply with recommendations made by Joint Committee in the report dated 21.11.2024. However, if any, industry has any reservation or grievance, it has liberty to approach this Tribunal for further appropriate order.

¶121

Further, amount of environmental compensation, as stated in Joint Committee report, realised by CECB shall be utilized for rejuvenation/restoration and remediation of damaged environment in the area concerned in accordance with Environment Restoration Plan which

¶122

¶123

shall be prepared within two months by a Joint Committee comprising CECB; CPCB; District Collector, Raigarh; and, Divisional Forest Officer, Raigarh, wherein CPCB, shall be the Nodal Authority for co-ordination and compliance of this order. Said plan shall be executed within three months after preparation.

¶124

12. With the above directions, this application is disposed of.

¶125

Sudhir Agarwal, JM

¶126

Dr. Afroz Ahmad, EM

¶127

November 25, 2024 Original Application No.970/2024 M

¶128

Bajrang Agarwal vs

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Bajrang Agarwal vs

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