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Judgment
Grievance in this application is against unscientific discharge of fly ash slurry in Khirna storm water drain, Anupur District, M.P. by Moser Baer Power Project (now Anupur Thermal Power Project), adversely affecting the environment and public health.
The matter was last considered on 10.03.2022 in the light of report of the joint Committee comprising CPCB, State PCB and District Magistrate, Anupur with regard to status of discharge of fly ash slurry in Khirna storm water drain. Considering the huge quantity of fly ash was generated and filled in lagoons and in low-lying areas, the Tribunal found it necessary to ascertain whether safeguards were being employed to prevent damage to the environment. Accordingly, the Tribunal constituted a joint Committee of Regional Officer, MoEF&CC and Regional Officer, CPCB, Bhopal to ascertain the factual position and to furnish a further report. Operative part of the order is reproduced below:-
“3. From the report, it appears that huge quantity of fly ash is generated which is filled in lagoons and in low lying areas and also otherwise disposed of. Photographs annexed to the report give a view of the drain in question and also of the low lying areas. It is not clear what safeguards are employed in filling of the ash in the low-lying area. It is also not clear whether the quantity dumped is within the limit of permission. There appears to be anomaly that on the one hand the report appears to suggest that there is more than 100% utilization in which case there is no question of dumping of ash in low lying area and permission being granted for the purpose. This aspect needs to be clarified.
Further, it is not clear whether consent conditions are being complied. The consent order on renewal application dated 14. 04.2021 particularly requires as follows:-
“26. Ash pond can be lined with HDPE/LDPE lining or any other suitable impermeable media such that no leachate take place at any point of time. Ash pond water shall be re-circulated and utilized in the process or other beneficial purposes in the plant.”
The report also annexes an order of consent dated 30.05.2020 and other permissions for different locations, including order dated
09.2021 issued by the State PCB laying down certain conditions for filling the fly ash in low lying area. The status of compliance of such conditions needs to be ascertained.
Accordingly, we constitute a joint Committee of Regional Officer, MoEF&CC and Regional Officer, CPCB, Bhopal to verify the above aspects and furnish a further report within two months by email at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.”
In view of above, report of the joint Committee has been filed on 18.05.2022 after undertaking visit to the site and examining the safeguards in the light of consent conditions. The conclusion of the joint Committee are:-
“Conclusions of the Joint Committee:
· No discharge of fly-ash slurry into Khima Nallah was observed during the site visit and disposal of ash in low lying areas is in line with the Consent conditions and CPCB guidelines.
· The joint committee observed that the ash pond is having an HDPE lining which was further confirmed from the original drawings, purchase orders related with ash pond construction as well as photographic evidences pertaining to the construction phase of ash pond.
· The low lying areas where ash is disposed of shall be kept under surveillance to understand the long term ground water contamination (if any). In this context, annual Ground water monitoring shall be undertaken by the project proponent through a third party NABL accredited laboratory and reports be submitted to all the regulatory authorities on an annual basis.
· Proper watch and ward arrangements shall be made at each of the low lying areas lying outside the plant premises till the plantation becomes self-sustaining.”
In view of above, no further order appears to be necessary at this stage.
The application is disposed of.