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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 2663 of 2011
Vishal Kumar.. .. .... Petitioner
Vs.
Union of India & Ors ... ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE.
HON'BLE MR. JUSTICE APARESH KUMAR SINGH.
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For the Petitioner: Mr. Mahesh Tewari, Advocate
For the UOI: Mr. Mokhtar Khan, ASGI & V.K. Rai, Adv.
For the JSPCB: Mr. Sohail Anwar, Sr. Advocate
M/s A.K. Pandey & Rahul Sabool Advocates.
For the BCCL.: Mr. Anoop Kumar Mehta, Advocate
For the Intervener: Mr. Sumeet Gadodia, Advocate
For the CPCB Mr. Manish Kumar Advocate
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Order No. 19 ------ Dated 6th January, 2014
This 'Public Interest Litigation' has been filed on the
alleged pollution in the district of Dhanbad by M/s Bharat
Coking coal Limited and also by Maithon Power Limited
(Intervener).
2. By various orders of this Court, the Court has issued various
directions and in furtherance of the directions issued by this
Court, the Pollution Control Board has organized various
awareness programmes and also issued various directions to
the industries situated in the District of Dhanbad to control
the pollution. The steps taken by the Pollution Control Board
in this regard has been enumerated in its counter affidavit
filed on 19.8.2013 and another counter affidavit filed on
23.09.2013.
3. The grievance of the petitioner is that the intervenor-
Maithon Power Limited, which is a power generating company is highly polluting company in Dhanbad and that the fly ash discharged from the power generating company had formed a blanket that had adversely affected agriculture in the adjoining areas. In response to the allegations made by the petitioner, the Jharkhand State Pollution Control Board (in short 'JSPCB') has filed its counter affidavit on 19.08.2013 stating that the JSPCB has inspected Maithon Power Plant and Board vide its letter no. B-824 dated 1.02.2013 has issued various directions, which are as under:
(i). Unit is directed immediately restraining or prohibiting the persons concerned discharging any poisonous, noxious or polluting matters into Maithon Dam;
(ii). Unit shall immediately stop discharging ash laden effluent into Maithan Dam;
(iii). Unit is directed to ensure by 28th February, 2013 all the necessary construction activities should be completed for restraining the effluent discharge outside the premises;
(iv). Unit is directed to do the necessary repairing work of the Ash pond by 30.01.2013 as per the undertaking vide letter No. MPL/C&E/Jan/2013 dated 05.01.2013;
(v). Unit is directed to regulate the production in such a way that the production of fly ash shall be minimum and no ash laden effluent should go into Maithan Dam;
(vi). Unit is directed to intimate the Board regarding progress of works done in this regard at the interval of every 10 days;
(vii). Unit is directed to make operative modified automated dust suppression system at Coal transportation area with immediate effect;
(viii). Unit is directed to make connectivity to JSPC Board, Ranchi for transferring the Online monitoring data of stack emission, within one and half months from the date of issue of this letter;
(ix) Unit is directed to utilize 100 % Fly Ash as per notification of MoEf;
(x). Unit is directed to install and make operational fixed type water sprinkling system at all the vulnerable area within a month;
(xi). Unit shall submit a Bank Guarantee of Rupees 25 Lakh (Rupees twenty five lakh only) within a week to JSPC Board, Ranchi with a validity period of 30.06.2013 subject to condition that all the above conditions shall be fully met by 28.2.2013 failing which Bank Guarantee submitted shall be forfeited and a complaint case shall be filed against the unit and the person concerned under Section 33 and 37 of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 respectively.
4. It is further stated that the Unit was again inspected on 3.5.2013 and further directions had been issued vide Boards letter no. D-2477 dated 12.08.2013.
5. Petitioner alleges that in spite of various directions issued by the JSPCB, the intervenor-Maithon Power Ltd. is still polluting and its fly ash coming out from power generation have an adverse impact to the water and also to the agriculture.
6. Learned counsel for the intervenor-Maithon Power Ltd.
submitted that the Maithon Power Plant is generating 1050 MW power strictly in compliance with all pollution norms and the allegations made by the petitioner in the 'Public Interest Litigation' are baseless. Next contention of the intervener is that this 'Public Interest Litigation' has been filed only in respect of Bee-hive Hard Coke Plant and the intervening-petitioner has not been made respondent in this 'Public Interest Litigation'.
7. Having regard to the submissions made by the learned counsel for the petitioner, we direct the Jharkhand State Pollution Control Board to inspect and file a fresh report keeping in view the various parameters required to be complied with and also to inspect whether fly ash discharged from the power generating company (Maithon Power Ltd.) is within the permissible limits and whether it has got any adverse impact on the environment, air, water and its effects on agriculture. If need be, JSPCB to engage the services of the expert. So far as other units i.e. Bee-hive Hard Coke Plant and other industries operating within the District of Dhanbad is concerned, the JSPCB shall also file a latest report as to whether in compliance of the required pollution laws by individual companies any action is being taken for such non-compliance.
Post this matter after eight weeks.
Copy of this order be given to Pollution Control Board.
(R. Banumathi, C.J.) (Aparesh Kumar Singh, J) Alankar/-