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Judgment
I.A. No. 53/2023 & I.A. No. 54/2023
Both these applications have been filed by applicant, Sandal Parveen through Shri Kausar Raza Faridi, Advocate. She is also present in court as identified by Shri Kausar Raza Faridi, Advocate.
IA No. 53/2023 has been filed with prayer that she may be permitted to withdraw this Original Application No. 817/2022. IA No. 54/2023 has been filed seeking permission to change her Counsel by discharging earlier Counsel and permitting Shri Kausar Raza Faridi, Advocate to appear on her behalf for pressing both these IAs.
It is stated in the IAs that on pursuance of some busy bodies, she filed this original application, or it will highlight her name and will be beneficial for her carrier.
Therefore, it is evident that for a professional adventure, it appears that this original application has been filed. This kind of the attitude and conduct is highly improper and we find it appropriate to deprecate this practice and attitude.
I.A. Nos. 53/2023 and 54/2023 are allowed to the extent that we permit applicant, Sandal Parveen to withdraw herself from this original application and not to be bothered to pursue this matter. However, having gone through the matter and considering earlier order dated 16.11.2022, we find that a substantial question relating to environment due to implementation of Scheduled Enactments under NGT Act, 2010 has arisen and since issue is important relating to protection of environment, it would be appropriate in the present matter to convert this original application as suo motu action by this Tribunal and it shall be registered accordingly by changing the cause title name as “Suo Motu Action in Illegal Dumping of Coal at Railway Siding at Krishnashila, Sonbhadra vs. Union of India & Ors”.
Original Application No. 817/2022
Complaint is about violation of environmental norms by dumping of approximately 10 million tons of coal in 35 bighas area in the vicinity of residential area at Krishnashila Railway siding, Bina, Shaktinagar, District Sonbhadra, UP., which is the land of the Northern Coal Filed Limited. Coal has been dumped without any permission and is accumulated through illegal transportation from coal fields. The same is causing damage to water bodies, contamination of ground water and air pollution. It is also causing pollution by acidic water emanating from such depots as well as due to gradual and continuous burning of coal at above mentioned depots. They discharge harmful effluents directly into the atmosphere creating serious degradation of air quality in the area. Emission of fine particulates increase due to storage of illegal coal as well as spontaneous coal combustion related harmful gases like SO2 CO2 and others, creating serious health issues to the local residents of the area. Illegal coal dumping/operating coal depot in open place without adopting due procedure causes havoc and serious degradation of environment both water and air pollution hence contrary to the provisions of Environmental Protection Act 1986, Water (Prevention and Control) Act, 1974 and Air Prevention and Control of Pollution Act, 1981. The Coal Mines Regulation 1957, Hazardous Waste (Management and Handling and Transboundary Movement) Rules, 2008 and Standard Operating Procedures/Guidelines as prescribed by the CPCB.
It is further stated that the area is part of critically polluted industrial area as per CEPI Index which is on account of operation of thermal power stations, aluminum industries, chemical industries, mining industrial, cement plants and stone pressures. The area is also occupied by accumulated fly ash in the vicinity of Rihand Reservoir by NTPC Ltd., UPRVUNL, M/s Lanco Power and M/s Hindalco Industries Ltd. U.P. Disposal of ash flurry as well as Rihand Reservoir leads to silting of the Rihand Reservoir as well as contaminate water of Rihand Reservoir which is the only source of drinking water in the area. Due to discharge of mercury bearing brine sludge directly into the Rihand Reservoir through various streams /water bodies in past by M/s Aditya Birla Chemicals Ltd. (formerly M/s Kanoria Chemicals Ltd. U.P.), the water of Rihand Reservoir is severely polluted. Northern Coal fields Limited and its subsidiary coal fields discharge highly contaminated water through various seems /sewages /nalas which flows directly into Rihand Reservoir containing harmful effluents. at Krishnashila Railway Station
Considering the issue raised, Tribunal found it appropriate to obtain a factual report, since Tribunal took prima facie view that there was serious degradation of environment in Sonbhadra District of Uttar Pradesh and Singrauli District of Madhya Pradesh due to operation of thermal power stations. The issue of fly ash disposal in the area was also dealt with by Tribunal vide order dated 18.01.2022 in OA No. 164/2018, Ashwani Kumar Dubey v. UOI & Ors. Tribunal, therefore, constituted a Committee to submit a factual report within two months.
Though order was passed on 16.11.2022 but neither any report has been filed till date nor any reason has been shown as to why report has not been submitted. This attitude and conduct on the part of Committee and concerned authorities cannot be appreciated.
Registry has placed before us an e-mail received at 6:53 pm on 17.02.2023 from UP State PCB seeking further one month’s time for submission of report on the ground that they have asked Mining Department/District Administration to submit some information like factual data of coal dumped at site, owner of coal, owner of coal dump site, quantity of coal released by district administration/mining department and amount of coal presently dumped at site.
We find that this information is nothing but a lame excuse to delay the report, inasmuch as names of violators are already mentioned in Para 5 of order dated 16.11.2022 and it is not the case of authorities that proponents named in Para 5 of earlier order are not violators. So far as quantity of coal is concerned, that could have been assessed from coal dumped at site and if Expert Joint Committee appointed by this Tribunal was not efficient or lacked expertise in collection of material, it is a matter of serious concern and we will have to say that officers constituting Committee either do not know their job or lack so called expertise and not fit to hold the office.
However, we are not expressing any view finally at this stage and give further opportunity in the manner that District Magistrate, Sonbhadra and Member Secretary, UP State PCB shall appear before Tribunal on next date to explain as to why no report has been filed pursuant to order dated 16.11.2022. Further, if no report is also filed by Committee by the next date, all members of Committee shall remain present before this Tribunal.
List this matter for further consideration on 29.03.2023.
A copy of this order be forwarded to District Magistrate, Sonbhadra and Member Secretary, UP State PCB by e-mail for compliance.