Quashed

M/S Jindal India Thermal Power Ltd., Angul v. State of Odisha

Orissa HC25 Sept 2024WP(C)/8822/2024

Case brief

AI extract

What is this about?

The Court quashed the impugned orders revoking the Consent to Operate and directing the immediate closure of the petitioner's thermal power plant. Setting aside the Pollution Board's decision based on the Inspector's subsequent report which noted various compliances.

What did the court decide?

Impugned letters dated 05.04.2024 and 06.04.2024 revoking Consent to Operate and directing closure were quashed. SPCB directed to monitor environmental standards regularly.

M/S Jindal India Thermal Power Ltd., Angul Vs State… — Environment and Pollution | Orissa HC (2024)

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.8822 of 2024

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	*M/s. Jindal India Thermal Power* *Ltd., Angul & Anr.* …. *Petitioner(s)* Represented By Mr. Mukul Rohatgi, Sr. Adv Mr. Pinaki Mishra, Sr. Adv. Mr. S.P. Mishra, Sr. Adv. Along with Mr. Satyajit Mohanty, Adv. Mr. Shashwat Singh, Adv. Mr. Chirag Nayak, Adv. Mr. D. P. Sahu, Adv. Mr. Mahesh Agarwal, Adv.
	*-versus-*
	*State of Odisha & Ors.* …. *Opposite Party(s)* Represented By Mr. Sonak Mishra, ASC (for O.Ps.1, 3, 4, 7, 8 & 9) Mr. Susanta Ku. Mishra, Adv. (for O.P.2-SPCB) Mr. R.B. Dash, Adv. On behalf of Mr. Bijaya Kumar Dash, Adv. (for O.P.6) Mr. Tarun Kanta Pattanayak, Adv. (for O.P.5)
	CORAM:
	DR. JUSTICE S.K. PANIGRAHI
Order	ORDER
No.	25.09.2024
03.
1.	This matter is taken up through hybrid arrangement.

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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2. In this Writ Petition, the Petitioner No.1/Company contests the order No.5396, dated 06.04.2024, issued by the State Pollution Control Board, Odisha. This order, purportedly executed under the authority vested by Section 31A of the Air (Prevention and Control of Pollution) Act, 1981, and Section 33A of the Water (Prevention and Control of Pollution) Act, 1974, revoking the consent to Operate granted on 23.03.2024. Additionally, it mandates an instantaneous halt of all operations at the entire Thermal Power Plant, triggered by the concern over the discharge of wastewater directly into the Kakudia Nallah, which in turn feeds into the Tikira River.

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3. Heard learned counsel for the Parties and perused the materials placed on record.

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4. Brief facts of the case, as narrated in the Writ Petition, are that the Petitioner No.l Company has set up a coal based thermal power plant of 2x600 MW capacity at Derang, Angul, Odisha with an estimated cost of Rs.7160 crore. The said Company started its commercial production in the month of February 2015 and has obtained all the statutory clearances including Environmental Clearance, Pollution Clearance, Factory and Boilers Clearance etc. from competent authorities. It obtained Consent to Operate on 30.06.2014 from the Opp. Party No.2 under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 for discharge of sewage and trade effluent with some stipulated conditions to be complied by the Petitioners. The Consent to Operate was last renewed by the Opp. Party

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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No.2 vide Consent Order dated 23.03.2023 for a period of two years with

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some additional conditions to be fulfilled by the company. There is no allegation of any pollution or any instance of violation of the conditions of the Consent to Operate against the Petitioners since the commissioning of the Power Plant.

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5. The Opp. Party No.2 on the basis of some alleged complaints, conducted a joint inspection on 15.02.2024 and submitted its Inspection Report on 17.02.2024 based on which show cause notice dated 28.02.2024 was issued by the Opp. Party No.2 inter alia directing the Petitioners to show cause as to why the Consent to Operate would not be revoked for noncompliance of the conditions set out in the Consent to Operate.

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6. The Petitioners submitted their detailed reply to the Show cause on 13.03.2024. The Opp. Party No.2 once again issued notice dated 21.03.2024 calling for personal hearing before the Member Secretary on 27.03.2024 to review the progress made by the Petitioners towards compliance of Board’s Show Cause Notice and conditions of the Consent to Operate. The representatives of the Petitioner No.l appeared before the Opp. Party No.2/ Board on 27.03.2024 and made a Power Point Presentation with regard to the compliance status to the satisfaction of the Board. The Opp. Party No.2 vide letter dated 05.04.2024 intimated the minutes of the proceedings of personal hearing held on 27.03.2024, wherein, after a detailed discussion it was revealed that the Unit has failed to achieve ZLD (even though ZLD is not a condition of the Consent to Operate) and the waste water is directly being discharged to

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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Kakudia Nallah leading to Tikiria River, which is a serious violation of conditions of the Consent to Operate. Therefore, it was observed to take appropriate action against the unit for the violation of conditions of the Consent to Operate. Consequently, the Opp. Party No.2 issued letter dated 06.04.2024 directing for revoking the Consent to Operate under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 and Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and further directing for closure of operation of the whole Thermal Power Plant forthwith. Hence, this Writ Petition.

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7. On the earlier date of listing i.e. on 15.04.2024, it was submitted by Mr. Mukul Rohatgi, learned Senior Advocate appearing for the Petitioners that in order to operate the plant in question, the Petitioner has obtained environmental clearance, pollution clearance, factory & boilers clearance etc. from the competent authorities. The Petitioner No.1/Company has also obtained “the Consent to Operate” from the Opposite Party No.2/State Pollution Control Board as per the provision under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 for discharge of sewage and trade effluent, but with some stipulated conditions. The said “Consent to Operate” has been renewed from time to time with stipulation that some additional conditions to be fulfilled by the Petitioner.

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8. It is pertinent to mention here that the “Consent to Operate” was last renewed by the Opposite Party No.2 vide order dated 23.03.2023 for a period of two years but with some additional Conditions which were

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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supposed to be fulfilled by the Petitioner. At this juncture, learned Senior Advocate submits that there has been no allegation of any pollution or violation of the conditions stipulated in the “Consent to Operate” against the Petitioner No.1/Company since its functioning.

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9. The Petitioner No.1/Company has been complying with the additional conditions imposed in the “Consent to Operate” specifically with regard to Kakudia Nallah and there has never been any sort of violation of any of the conditions.

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10. During both dry and rainy seasons, surface runoff water is generated at the plant site due to activities such as washing/cleaning, and from rainwater. This runoff water is directed to the Surface Runoff Treatment System (SRTS) for treatment and subsequent reuse in various plant operations such as Ash Handling, Coal Handling, Dust Suppression, and Plantation purposes. The runoff water from the plant is discharged through storm drains within the plant site, then routed back to the SRTS for treatment and reuse, maintaining a zero-discharge level (ZLD) of wastewater.

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11. However, a natural nalla, known as Kakudia Nallah, traverses the plant premises and occasionally receives runoff water from the storm drains. Kakudia Nallah originates outside the plant premises, passes through the petitioner’s plant/ and eventually merges with the Tikira River. Consequently, runoff water from the storm drains may mingle with water in the Kakudia Nallah.

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Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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12. Currently, to prevent untreated water from entering the Kakudia Nallah, the petitioners treat both runoff water from the plant and water from the Kakudia Nallah in the SRTS, ensuring compliance with prescribed standards before release. Moreover, the petitioners are in the process of constructing a dedicated storm drainage system directly connected to the SRTS for the treatment of runoff water. However, based on some complaints made against the Petitioner No.1/Company regarding generation of pollution, the Opposite Party No.2/State Pollution Control Board on 15.02.2024 conducted a joint inspection in order to verify the genuineness of the allegations. Attention has been brought to the fact that the Opposite Party No. 2 has consistently failed to furnish the Petitioners with copies of the complaints.

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13. Pursuant to the report submitted by the Inspecting Team, the Opposite Party No.2 on 28.02.2024, issued show cause notice to the Petitioner No.1/Company along with a copy of the inspection report dated 17.02.2024 asking it to show cause as to why the “Consent to Operate” granted upto 31.03.2025 should not be revoked and appropriate action including the direction of closure should not be issued due to the lapses and non-compliances.

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14. On receipt of the said show cause notice dated 28.02.2024, the Petitioners submitted a detailed reply on 13.03.2024 stating therein the compliance status with regard to 13 numbers of observations made in terms of the Inspection Report and also submitted compliance status with regard to the additional conditions stipulated in the “Consent to

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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Operate”. The Petitioners also submitted three months monitoring and analysis report of water sample from SRTS done by Vision Tek Consultants, which declared that the water standards are within the prescribed standard of the Board.

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15. In fact, pursuant to the reply submitted by the Petitioners, the Opposite Party No.2 issued notice to the Petitioner No.1/Company on 21.03.2024 for personal hearing before the Member Secretary on 27.03.2024 to review the progress towards the compliance with the Board’s show cause notice and CTO conditions. However, the said notice reveals that the Petitioners have not complied with the conditions properly and have requested to allow certain time for completion of the works .

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16. At this juncture, the Learned Senior Counsel had apprised this Court of the Petitioner No.1/company’s personal hearing following the notice issued on 21.03.2024. During this hearing, representatives of the Petitioner No.1/Company and the Regional Officers of the State Pollution Control Board, Angul, convened before Opposite Party No.2/State Pollution Control Board. A Power Point Presentation was made concerning the compliance status, ultimately aimed at satisfying the Board’s requirements.

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17. The issues raised at Sl. Nos.9 & 10 and the compliance made by the unit thereto, in the proceedings of the personal hearing of the Petitioner No.1/Company dated 05.04.2024 were extracted in the earlier order i.e. in the order dated 15.04.2024.

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Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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18. Learned Senior Counsel further submitted that despite the above compliance made by the Petitioner No.1/Company, the Opposite Party No.2/State Pollution Control Board by its communication dated 06.04.2024 has revoked the Consent to Operate dated 23.03.2024 in exercise of power under Section 31 A of the Air (Prevention and Control of Pollution) Act, 1981 and Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974 and has also directed for closure of operation of the whole Thermal Power Plant forthwith.

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19. Learned Senior Counsel further contended that at present five hundred direct employees and almost twelve hundred indirect employees are working in the Petitioner No.1/Company. The Petitioner No.1/ Company has been playing a substantial role in contributing to the economy of the State as well as the Country.

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20. This Court while issuing the notice vide order dated 15.04.2024 had noted the depth and complexity of the issue as follows:

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“ 19 . ZLD is a process that aims to remove all liquid waste from a system, producing clean water suitable for reuse and a solid dry product ready for disposal. However, transitioning to an absolute ZLD system can be complex and inevitably a long-drawn-out process. It may involve significant changes to existing infrastructure, potentially including the installation of new equipment. Plus, it has been brought to the attention of this Court that the Petitioner No.1 is taking active steps to treat the wastewater including multiple rounds of wastewater/discharge treatment via the SRTS. Ergo, a mechanical fixation of the Pollution Board to the absolute compliance of ZLD is unwarranted.

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20 . Indeed, an overly rigid adherence to paper rules and procedures can be harmful, if it overlooks the underlying

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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purpose or substance of the rules in the first place. The balance between structure and flexibility can lead to more effective and meaningful outcomes.

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21 . In this case, the impugned order mandating closure of the enterprise could be seen as a disproportionate response given the company has already achieved a high level of compliance and is making efforts to reach full compliance. The track record of the Petitioner No.1/Company vis-à-vis the compliance metrics is satisfactory. Moreover, it is assured by the Company and an independent agency that the discharge of treated waste water is not hazardous to the health of the people or the environment. Consequentially, the closure of the company may indeed seem unjustifiable for it is important to balance environmental considerations with the practical realities faced by businesses.

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22. The indispensable function of entities such as Petitioner No.1 must be comprehended within a comprehensive context. Thermal Power plants are integral to the State’s energy infrastructure, especially during the peak demand periods of the summer months. These facilities not only contribute substantially to the State’s electricity supply but also underpin the livelihoods of thousands of workers and their dependents.

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23 . During the sweltering summer months, the demand for electricity escalates, driven by the increased usage of air conditioning units and other cooling appliances. Thermal power plants, with their capacity to generate vast quantities of electricity, are pivotal in satisfying this demand and maintaining a consistent power supply.

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24 . Furthermore, these facilities are significant employment generators, offering employment opportunities to thousands of workers. These employment opportunities, in turn, bolster the welfare of their families and stimulate the local economy. The abrupt closure of these facilities could consequently have profound social and economic repercussions, including

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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potential job losses and discernible disruptions to the power supply.

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25 . Notwithstanding, this Court understands that the case in hand entails a complex issue that often requires careful consideration of many factors, including the specific circumstances of the company and the environmental regulations of the land.”

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21. During course of hearing, Mr. Mukul Rohatgi, learned Senior Counsel appearing on behalf of the Petitioners reiterates his submission that the impugned Letter dated 05.04.2024 as well as the impugned Letter dated 06.04.2024 revoking the Consent to Operate dated 23.03.2023 and for closure of operation of the Plant forthwith is illegal, arbitrary, contrary to the materials available on record, contrary to the conditions contained in the Consent to Operate dated 23.03.2023, violative of principles of natural justice, outcome of colorable exercise of power and violative of Articles 14 and 19(l)(g) of the Constitution of India. He further submits that the Opposite Party No.2/State Pollution Control Board, Orissa has passed the closure notice in a hush-hush manner without having a glance to the reality.

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22. Learned Senior counsel for the Opposite Party No.2/ State Pollution Control Board, Orissa files the letter dated 24.09.2024 issued by the Regional Officer, State Pollution Control Board addressed to the Chief Env. Engineer (CTO), State Pollution Control Board, Odisha, Bhubaneswar regarding submission of Inspection Report in connection with the verification of compliance of show cause-cum-direction initiated against M/s. Jindal India Thermal Power Ltd., At/Po- Derang,

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Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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Kaniha, District- Angul along with a copy of the said Inspection Report.

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The said Inspection Report dated 23.09.2024 made by the Regional Officer, State Pollution Control Board is extracted herein below:

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“Inspection Report of

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M/s. Jindal India Thermal Power Ltd. At/PO- Derang, Kaniha, Dist-Angul

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The aforesaid unit was inspected on 23.09.2024 in connection with the compliance report submitted by the unit through e-mail on dtd.19.09.2024 against the points stipulated in the show-cause cum Direction notice issued against the said industry vide letter no.2624/IND-I-CON6351, dated 28.02.2024. Moreover, the additional conditions cited in the Consent to Operate (CTO) order vide Lno 4506 dtd. 23.03.2023 were also verified. Dr. Kishore Kumar Rout, AVP (EHS), Sri Shivananda Mohanty, GM (Govt. Affairs), Sri Umakanta Mohanty, AVP (Civil) and other industrial persons were present during inspection.

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OBSERVATIONS ON COMPLIANCES OF POINTS STIPULATED IN THE SHOW-CAUSE CUM DIRECTION NOTICE & ADDITIONAL CONDITIONS STIPULATED IN THE CTO ORDER

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*Sl.* *No.*	*Non-compliances* *stipulated* in *the* *Show-cause notice*	*Compliances observed* on *the* *day* of *inspection.*
1	Effluent monitoring conducted at outlet of SRTS shows concentration of TSS (112mg/l) and Fluoride (2.86 mg/l), which exceeded the prescribed standard i.e. _100mg/l respectively. _	Sample was collected from the inlet and outlet of the Surface run-off treatment system and sample analysis report has been annexed for reference.
2.	The dry fog nozzles installed at screening unit	Dry fog nozzles installed at sceening unit of the Coal

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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	of Coal Handling Plant were found to be in defunct condition.	Handling Plant were observed to be working _properly. _
3.	No stack as well as platform and porthole provided in the bag filter attached to Coal crusher plant	It was observed on the day of inspection that stack as well as platform and porthole have been provided in the bag filter attached to coal crusher unit.
4	All the drains around the coal stockyard, ash handling area and power plant were filled with silt.	Drains around the coal stockyard, ash handling area and power plant have been cleaned. It was learn from the industry representatives that a dedicated team has been deployed for regular cleaning of the same
5	The haul road from the coal stockyard to material gate is filled with mud and dust.	The haul road from the coal stockyard to material gate has been cleared and moreover, the unit has newly deployed two nos. of mechanical sweeping machine (Brooming type) and 01 no. of mechanical sweeping machine (Vacuum type) for regular cleaning of the haul road (Photo enclosed)
6	High concentration slurry disposal system for ash pond is not working since last 6 months	It was learnt from the unit representatives that the disposal of ash in the ash pond has been stopped eight months back and use of HCSD has been stopped since then, accordingly, the HCSD system for disposal of ash was found to be non- operational during inspection.
7	The annual wheel washing system installed near Ash	The manual wheel washing system installed near Ash

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Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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	Silo area is not functioning properly.	Silo area was found to be operational and functioning properly during inspection and moreover, it was found to be upgraded to automatic sensor based wheel washing system.
8	As you have provided mechanized wheel washing system near exit gate (material gate) at left side of the road, however, it was observed no outgoing vehicle is passing through this wheel washing system.	It was observed that a person has been deployed for directing and ensuring the outgoing vehicles for passing through the mechanized wheel washing system. Moreover, during inspection it was observed that the outgoing vehicles were passing through the mechanized wheel washing system.
9	No automatic water sprinklers provided at the haul road inside the plant	It was observed that automatic fixed sprinklers (butterfly type) have been installed at 12m interval in the haul road for dust suppression and were found to be operational during inspection. It was learnt from the unit representatives that 878 nos. o f automatic fixed sprinklers have been installed along stretch of 11kms to minimize dust emission. In addition to this, it was also observed that a vehicle mounted mobile fog-canon (mist type) has also been newly deployed for minimizing dust emission (Photo enclosed)

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Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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10	Oil contaminated cotton wastes and drums found to be stored in open ground without any shed at Coal handling plant (CHP) area. Further, the shed provided for storage of such wastes are in dilapidated state and also not adequate.	It was observed that all the oil contaminated cotton wastes and drums were been cleared off from the CHP area and has been shifted to the hazardous storage area. In addition to this, the shed has also been adequately repaired and the old broken sheets have been replaced with new ones.
11	The Dry Fog System (DFS) nozzles provided at feed hoppers are not adequate.	It was observed that the unit has installed additional nozzles (8-12 nos.) in all the hoppers. In addition to this the unit has also installed closed rubber flap belt curtain arrangement in all hoppers to restrict fugitive dust emissions. (Photo enclosed)
12	You have not provided mechanized road sweeping machine in the haul road for cleaning of dust.	It was observed that the unit has newly deployed two nos. of mechanical sweeping machine (Brooming type) and 01 no. of mechanical sweeping machine (Vacuum Type) for regular cleaning of the haul road which were operational during inspection. (Photo enclosed)
13	The electronic display board installed entry gate is found to be non-operational.	The electronic display board installed at the entry gate was found to be operational during visit.
*Non-co*	*mpliances to the additio*	*nal* *Compliances*
*CTO* *Show-*	*conditions stipulated in* *cause notice.*	*the* *observed on the day* *of inspection*
1	You have not installed cannons at the coal stockyard	fog to Four nos. of fog cannons were observed

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Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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	control fugitive emission	to have been deployed around coal stock yard for dust suppression.
2	No green barrier along with plantation has made along the coal stockyard	In addition to the existing plantation, new plantation (saplings planted) was observed to have been done all around the coal stockyard. Moreover, as informed by the industry officials, more numbers of saplings are to be planted by this month to increase the density of plantation and mortality of which is to be duly monitored by the unit.
3	You have not installed CEQMS as well as HD-IP surveillance camera at the outlet of the Surface Runoff Treatment System (SRTS).	HD IP surveillance camera was observed to have been installed in the SRTS area and has been connected with the Board’s server & CEQMS has also been installed at the outlet of the Surface Runoff Treatment System _(SRTS). _
4	The existing Surface Runoff Treatment System of capacity 125 m 3/hr seems to be inadequate for treatment of the runoff water generated from whole plant area.	It was learnt from the unit representatives that a detailed study was conducted by VSSUT, Burla (deployed by the unit) to verify and ascertain the adequacy of the SRTS system installed in the unit and from the study it was concluded that the installed SRTS

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Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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		with the said capacity is adequate for the treatment of the runoff water generated from theplant effective area.
5	The drainage system of the plant area which is connected to Kakudia nallah and part of which is treated in SRTS. However, major part of water is directly discharged to nearby Tikira River	It was observed that a dedicated drain has been newly constructed which separates the discharge of surface runoff from the Kakudia nallah to the SRTS system directly. The rainwater coming from outside the plant area running through the plant boundary is discharged through the Kakudia nallah. All the surface water from the plant is being duly treated in the SRTS and reused in theplant.
6	From the RT-DAS server of the Board, it is revealed that the CEMS data shows constant value in the range of 47-48mg/Nm³. It is presumed that the calibration of the online monitoring system is not carried out in a regular interval. Further, data from CAAQMS (i.e. from 1^stFeb to 15^th Feb 2024) concentration of PM10 and PM2.5 shows exceedance value.	It was learnt from the unit representatives that calibration of CEMS has been completed and CEMS data is transmitted to SPCB server uninterruptedly. Recent calibration report and CEMS data has been submitted to the Board. In addition to this all CAAQMS were said to be calibrated by authorized representatives and report had been submitted to the board.

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“

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 08-Oct-2024 18:12:17

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23. In such circumstances, learned counsel for the Opposite Party No.2/ State Pollution Control Board, Orissa prays before this Court for appropriate direction as most of the compliances of the conditions observed on the day of inspection.

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24. After having gone through the compliances as set out in the show cause issued by the Opposite Party No.2 and the satisfaction of the Board, this Court is of the view that this Writ Petition is not required to be kept pending unnecessarily. Accordingly, the impugned Letter dated 05.04.2024 as well as the impugned Letter dated 06.04.2024 revoking the Consent to Operate dated 23.03.2023 and for closure of operation of the Plant are quashed.

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25. However, the State Pollution Control Board is directed to keep monitoring the compliances of the environmental standards and conditions at a regular interval as the damage to the environment cannot get a tacit community tolerance.

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26. Accordingly, this Writ Petition is disposed of.

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27. Interim order, if any, passed earlier stands vacated.

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( Dr. S.K. Panigrahi)

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Judge

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M/S Jindal India Thermal Power Ltd., Angul v. State of Odisha

Case brief

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M/S Jindal India Thermal Power Ltd., Angul v. State of Odisha

Case brief

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