Vinod Kumar Pandey And Ors vs Union Of India And Ors

This Original Application was registered after Writ Petition (PIL) No. 2316/2010 originally filed before the Hon'ble High Court of Chhattisgarh by the Applicant, came to be transferred from the Hon'ble High Court of Chhattisgarh to the Principal Bench of this Tribunal at New Delhi and as such, was registered as Original Application No. 128/2013 at the Principal Bench. After the constitution of the Central Zonal Bench of National Green Tribunal at Bhopal the Original Application No. 128/2013 was transferred to this Bench vide Principal Bench Order dated 31.05.2013 and renumbered as Original Application No. 40/2013. Thereafter, vide order dated 30.07.2013 notices were ordered to be issued to both the sides for hearing the petition at Bhopal, pursuant to which the parties put in their appearance before this Tribunal on 22.08.2013.

Replies were filed by the Respondents.

Initially, certain issues were raised during the course of hearing, however subsequently the Applicant confined the challenge to the grant of the permission to the Project Proponent/Respondent No. 7 on the ground that the proposed ash disposal site at Jhora village will be at a distance of less than 500 mtrs from the High Flood Level (in short, 'HFL') of the river Hasdeo leading to land and water pollution. With a view to ascertain the above, vide order dated 22.07.2014 this Tribunal directed as follows :

"It is the grievance of the Applicant that the map tendered with the submissions dated 23rd June, 2014 by the Respondent No. 7/Project Proponent does not tally with the area shown to have been committed for construction of ash dyke in the documents titled detailed description' at annexure to the said submissions. The detailed description' annexed to the submission reveals that an area of 48.027 hectares has been committed for construction of ash dyke and the area is shown to include Khasra Nos. 33/1 and 233/1. Whereas the map shows only area of Khasra No. 33/1 as proposed for construction of ash dyke. This discrepancy needs to be resolved with the exact map drawn to the scale in order to place on record the area committed for ash dyke. The Respondent No. 7 shall submit a plan showing the proposed ash dyke drawn to the scale before the next date of hearing.

Grievance made by the counsel for the Respondent No. 4/Environment Conservation Board is that its response to the map filed by the Respondent No. 7 could not be filed for want of copies of the submissions of the plan tendered by the Respondent No. 7. Respondent No. 7 undertakes to furnish the copies of the submissions and the annexure including the map to the Respondent No. 4."

The matter was heard on 12.08.2014 whereby in compliance of our order dated 22.07.2014, it was stated by the Counsel for the Respondent No. 4, Chhattisgarh Environment Conservation Board (in short, 'CECB') that a copy of the map was furnished to the Counsel only on 08.08.2014 and the same was sent to the Officer In-charge of the CECB for inspection and their response is awaited. In the meanwhile, the Learned Counsel appearing for the Respondent No. 7 has moved Misc. Application No. 400/2014 for placing on record additional documents and with the help of the same it was submitted that the proposed ash pond site was in fact at a distance of less than 500 mtrs and therefore the condition no. (ix) dated 09.03.2009 of the Environmental Clearance (in short, ' EC') will not be satisfied.

As has been mentioned here in above, the principal contention of the Applicant pertains to the location and site of the ash pond at Jhora village on the ground that it is at a distance of less than 500 mtrs from the HFL of the Hasdeo river and with a view to ascertain the above, the CECB was directed to take exact measurement based upon the ground reality as well as on the basis of the map and submit the inspection report along with map before this Tribunal and the matter was posted for hearing today.

The Learned Counsel appearing for the CECB has filed the inspection report along with the affidavit and a copy of the map prepared on the basis of the inspection and measurement carried out. Copy of the same has been furnished to the Learned Counsel for the Applicant. As per the inspection report of the Respondent No. 4,CECB it has been mentioned as follows :

"That, on inspecting the site and the land documents certified by Chattisgarh State Industrial Development Corporation (CSIDC), it was observed that the proposed Ash Dyke is clearly at a distance of 500 mtrs or more from the HFL of the river Hasdeo. The Map showing the Khasra Number of the proposed ash dyke and their distances from the HFL level of river Hasdeo has been enclosed as Annexure R-IV/2. The enclosed map is certified by concerned Executive Engineer, Sub-Divisional Officer and Sub-Engineer of Hasdeo Barage, and also by concerned Patwari."

In the map which has been filed along with the inspection report, distance of the site at three separate points from the HFL has been indicated as 500 mtrs , 530 mtrs. & 501 mtrs.

In view of the above, we find no further reason to interfere in the matter as the controversy which has been raised by the Applicant stands concluded as a result of aforesaid inspection report submitted before us and the map filed at Annexure-IV/2 showing the measurements taken on the ground by the officials of the CECB along with the Engineer and Sub Divisional Officer and Patwari (Revenue) of the area.

While disposing of this petition we would like to emphasise condition no. (ix) of the EC which reads as follows :

Ash pond shall be at least 500 mtrs. away from the HFL of river Hasdeo. Ash pond shall be lined with impervious lining. Adequate safety measures shall also be implemented to protect the ash dyke from getting breached. (emphasis supplied)

The reason why we are emphasising the aforesaid condition here is that the ash dyke which is proposed to be constructed by the Respondent No. 7 shall be as per the distance as measured and shown on the map maintaining atleast 500 mtrs. from the HFL of the river Hasdeo. Any flooding or breach of the river Hasdeo beyond the HFL limit may cause the water to enter the ash dyke. Therefore, emphasis is laid and the condition 'adequate safety measures shall also be implemented to protect the ash dyke from getting breached' is highlighted and shall be complied with by the Project Proponent/ Respondent No. 7 and all necessary additional measures taken, taking note of any likely excessive flooding beyond the HFL on a reasonable assumption. This task shall be carried out by the Project Proponent in consultation with the concerned Engineers and Scientists of the CECB who shall suggest all possible measures which may be required to be taken by the Respondent No. 7 keeping in view the HFL and contour levels. In the event of any non compliance of the above it would be open for the Applicant or any other person to approach this Tribunal in this matter.

This Original Application stands disposed of. Accordingly, Misc. Applications No. 107/2014 & 400/2014 also stand disposed of.

There is no order as to costs.