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2021 Supreme(Online)(NGT) 658
Item No. 04 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI (Through Video Conferencing)
Original Application No. 34/2019/EZ (I.A. No. 55/2019, I.A. No. 71/2019, I.A. No. 51/2020, I.A. No. 52/2020 &
I.A. No. 78/2020)
Ajay Tappo & Anr. Applicant(s)
Versus Union of India & Ors. Respondent(s)
Date of hearing: 05.01.2021 CORAM: HON’BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER For Applicant(s): Mr. Devashish Baruka, Advocate in I.A.
No. 78/2020/EZ.
For Respondent (s): Mr. Gora Chand Roy Choudhury, Advocate for Respondent No. 10.
Mr. A.K. Panda, Senior Advocate a/w M. Paikaroy, Advocate for Respondent No. 5. Mr. Devashish Baruka, Advocate for Respondents No. 8 & 9.
For the Petitioner: PRABAL KUMAR MUKHERJEE, PRABAL KUMAR MUKHERJEE, SOMNATH ROY CHOWDHURY, SOMNATH ROY CHOWDHURY, ARPITA CHAUDHARY, ARPITA CHAUDHARY
For the Respondent:
ORDER
vide
1. This case was disposed of order dated 21.09.2020 with the direction that the State PCB shall carry out a comprehensive study of the quality of groundwater of Balanda and nearby areas having regard to the recommendation of the joint Committee for undertaking such study due to the presence of Phenol and cyanide.
2. Reports in terms of the above has been filed by a Committee comprising of (i) the Assistant Chemist, C.G.W.B. (SER), Bhubaneswar; (ii) the Regional Officer, Odisha State PCB, Rourkela and, (iii) In-charge Central Lab, Odisha State PCB, Bhubaneswar. relevant portion of which reads as follows:
“III. ANALYSIS REPORT & DISCUSSION Ground samples were collected in 500 ml poly- ethylene bottles which had been pre-cleaned followed by rinsing. After collection, one sample bottle from each source was added with one ml 1N Sodium hydroxide solution as preservative for analysis of Cyanide and the rest eight sample bottles (one from each sampling source) were added with one ml concentrated sulphuric acid each as preservative for Phenol and Ammoniacal Nitrogen determination. Preservatives were added at the site and samples were carried in an ice box to the Central Laboratory. All the samples were analysed at the Central Laboratory, State Pollution Control Board, Bhubaneswar, Odisha as per the standard methods (APHA, 23rd Edition, 2017).
The analysis results for phenol at all locations i.e., upland and down land of the plant has values either less than or equal to the value observed inside the plant indicating no impact on ground water due to the coal tar pitch plant of M/s Kedia Carbon Pvt. Ltd. The value observed inside the plant was equal to the respective drinking water standard (IS: 10500-2012).
The values of Cyanide at all down land points were to be less than the value observed inside the plant indicating no impact of the plant and very close to the values observed in the upland of the plant clearly establishing that there is no impact of the plant upon Cyanide content in the ground water.
Though the values of Annomical Nitrogen were observed to be slightly higher than the drinking water standard, but it showed absolutely no variation in upland, down land and inside the plant establishing no impact of M/s Kedia Carbon Pvt. Ltd. upon the local ground water quality and this might have been caused due to application of fertilizers (urea) in the surrounding agricultural fields.
IV. CONCLUSION M/s Kedia Carbon Pvt. Ltd. is treating the effluent generated from its unit and reuses the treated effluent as cooling make up and there was no discharge of effluent to outside. From the above study on ground water quality, it is concluded that there is no impact of M/s Kedia Carbon Pvt. Ltd. on nearby ground water quality during its operation.
3. In view of the above, nothing remains for consideration by us in the case. The O.A., therefore, stands closed.
I.A. No. 78/2020/EZ
4. I.A. No. 78/2020/EZ is dismissed as not pressed.
S.P. Wangdi, JM Saibal Dasgupta, EM
5th January, 2021 O.A. No. 34/2019/EZ avt
