ORDER

1. Surender Rathore and other residents of Krishna Vihar Colony, Ghutia (Kudari), Lachanpur Mandwa Road, Chhattisgarh have sent the present letter petition raising two grievances first as to the road connecting Lachanpur Chowk Champa to Chandi Pahar Paharia being totally damaged resulting in accidents and the second against causing of environmental pollution by Mahendra Power Pvt. Ltd., situated in village Madwa.

2. The applicants have complained that the above said electricity generation power plant uses paddy husk as fuel and emits huge fly ash causing environmental pollution in the area affecting many villages and mohallas besides Janjgir and Champa. Black smoke emitted from the chimney of the power plant is causing respiratory disorders and serious health hazards to the residents of the area.

3. Since the first grievance did not involve substantial violation of environmental norms, this Tribunal did not take cognizance of the same but this Tribunal took cognizance of the second grievance regarding causing of environmental pollution by Mahendra Power Pvt. Ltd., and vide order dated 28.01.2022 constituted a Joint Committee comprising of State PCB and District Magistrate, Janjghir, Chhattisgarh with direction to submit factual and action taken report.

4. Accordingly, report has been filed by the Joint Committee and response of the Committee to the second grievance raised by the residents of Krishna Vihar Colony is as under:-

(cid:147) With regard to the second issue, a joint inspection of industrial premises and the Krishna Vihar colony was done by the Committee on 10/03/2022. During the inspection of the colony, presence of any kind of dust or fly ash was not observed.

The inspection of the alleged polluting industry was also done on

10/03/2022 and during the inspection the emission of any kind of fly ash within or outside of the plant was not observed. Emission from the Chimney is not visible. The OCEMS was found functional and showing the particulate matter - 41.38 mg/Nm3, which is within the permissible limits. The distance of the industry from the Krishna Vihar Colony is about 2.5 kilometers. No water pollution was observed.

Monitoring of Ambient Air Quality was performed within the industrial premises and Krishna Vihar Colony on the date of inspection. The results of the Ambient Air Quality monitoring were found within the permissible ambient air quality standards. Copy of ambient air monitoring reports are hereby attached as Annexure-

1.

That, the ChhattisgarhEnvironment Conservation Board has issued consent under section 25 of the Water (Prevention and Control of Pollution) Act, 1974 vide letter no. 1826 dated 07.04.2008 and under section 21 of the Air (Prevention and Control of Pollution) Act, 1981 vide letter no. 1828 dated 07.04.2008 and subsequent renewals for Biomass Based Power Plant of capacity

9.8 Megawatt.

The above mention consent contain the special condition to prevent the water and air pollution in the vicinity:-

Special conditions mentioned in the consent/renewal issued under Water (Prevention and Control of Pollution) Act, 1974 to prevent the water pollution in the vicinity: -

"Industry shall operate and maintain the effluent treatment system effectively and regularly. Industry shall ensure treated effluent quality within the standards prescribed by Board published in Gazette Notification dated 25.03.88. Treated effluent shall be utilized in plant operations or for plantation within premises. Industry shall not discharge any treated / untreated effluent in to the river or any surface water bodies. No effluent (treated / untreated) shall be discharged outside of the factory premises in any circumstances; hence, zero discharge condition shall be maintained at all the time."

Special conditions mentioned in the consent/renewal issued under Air (Prevention and Control of Pollution) Act, 1981 to prevent the water pollution in the vicinity : -

"Industry shall operate and maintain the existing pollution control systems