PRATAP KUMAR JENA vs STATE OF ODISHA - 2022 Supreme(Online)(NGT) 1190

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2022 Supreme(Online)(NGT) 1190

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA ............
ORIGINAL APPLICATION No.52/2021/EZ IN THE MATTER OF:
Pratap Kumar Jena S/o Shukadev Jena, Aged about 48 years, At-Jajpur Road, Ferrochrome Colony, Byasnagar, 755020, Odisha ....Applicant(s)
Versus
1. State of Odisha Represented by Chief Secretary, Government of Odisha, Lokaseba Bhawan, Bhubaneswar-751001 2. Odisha State Pollution Control Board Through the Member Secretary, Unit-VIII, Nilakantha Nagar, Bhubaneswar-751012
3. Regional Officer, Odisha State Pollution Control Board Kalinganagar, Dhabalgiri, JK Road, Ferrochrome Plant, Jajpur-755019
4. District Collector, Jajpur At/PO-Jajpur, Dist-Jajpur, Government of Odisha Odisha-751001
5. Additional District Magistrate (ADM), Kalinganagar, Jajpur Road, Dist-Jajpur-755026, Odisha
6. Managing Director, Mideast Integrated Steel Ltd. (MESCO)
Kalinganagar Industrial Complex, Khurunti Jajpur, Odisha
7. Managing Director, JSW Cements Ltd.
Kalinganagar Industrial Complex, Jajpur, Odisha-755026
8. Managing Director, Paradip Paribahan Private Ltd.
Paradeep, Odisha-754142
9. Ministry of Environment, Forests & Climate Change Integrated Regional Office, Bhubaneswar, Odisha
10. The Central Pollution Control Board Regional Office, Kolkata ....Respondent(s)
COUNSEL FOR APPLICANT:
Mr. Sankar Prasad Pani, Advocate COUNSEL FOR RESPONDENTS:
Mr. Prasenjeet Mohapatra, ASC for R-1, 4 & 5, Mr. Dipanjan Ghosh, Advocate for R-2 & 3, Mr. Sidhartha Mishra, Advocate for R-6, Ms. Adrija Mishra, Advocate for R-7, Mr. Soumitra Mukherjee, Advocate for R-9, Mr. Surendra Kumar, Advocate for R-10

Advocates:
For the Petitioner: SANKAR PRASAD PANI, SANKAR PRASAD PANI
For the Respondent:

JUDGMENT

PRESENT:

HON’BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)

HON’BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER)__________________________________________________________________

Reserved On: - 2^nd August, 2022 Pronounce On: - 5^th August, 2022 __________________________________________________________________

1. Whether the Judgment is allowed to be published on the net? Yes

2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)

Heard the learned Counsel for the parties and perused the documents on record.

2. This Original Application has been filed by the Applicant with the allegation that the Respondent No. 6-Mideast Integrated Steel Ltd., is operating a Railway Siding in Kalinganagar without Consent to Establish or Consent to Operate and is causing pollution in the locality.

3. The submission is that operation of Railway Siding is a highly polluting operation and is categorized as Red Category as per the Central Pollution Control Board Notification dated 29.02.2016.

4. Notices were issued to the Respondents and respondents have filed their responses on affidavit.

5. The Respondent Nos.2 & 3, Odisha State Pollution Control Board has filed an affidavit dated 14.03.2022 bringing on record an Inspection Report of an inspection carried out on 08.02.2022. The Observations and Recommendation of the report are extracted herein below: -

OBSERVATIONS:

The unit has one railway siding having two platforms for stocking of materials within the boundary wall of the plant which a captive railway is siding. No operational activities i.e. loading and unloading activities were observed during the visit. It was verified that the unit had continued loading and unloading activities in the siding beyond 22.01.2022 till 07.02.2022 and then stopped the operation. As informed, by the time of expiry of the consent i.e. 22.01.2022, seven numbers of rakes were already booked by their co-users and under the way to the siding, as they had already applied for the consent to operate and renewal process was going on. However, the consent was not renewed by 22.02.2022 and they immediately took step and informed the co-users not to book more rakes. However, the rakes those were booked earlier had to be unloaded and loaded at the siding beyond the expiry of consent and further they were not carrying out any loading and unloading activities beyond 07.02.2022. Hence, operational activities were carried out for 16 days beyond the expiry of consent to operate i.e. from 23.01.2022 to 07.02.2022 and stopped the operational activities.

Water & Air Pollution Control Measures Adopted:

1. Two water tankers have been provided at the railway siding for spraying of water to control the fugitive dust during movement of vehicles & handling of materials.

2. Out of two Platform area of the Railway siding, one is concreted and one is compacted.

3. Garland drain exists along the boundary line with a settling pit. During visit, the settling pit was found to be in dry and clean condition.

4. The plant has a provision of surface runoff treatment system for treatment contaminated surface runoff.

5. The unit has provided a wheel washing bay near its material gate.

6. Thick green belt exists along both the sides of railway siding.

COMPLIANCE TO CONSENT TO OPERATE SPECIAL CONDITIONS:

Sl. No Special Conditions Compliance status Air Pollution Control

1	The unit shall provide dust suppression arrangement on approach road by using water sprinklers/mobile water tanker.	A Two water tankers have been provided at the railway siding for spraying of water to control the fugitive dust during movement of vehicles & handling of materials. part from the unit has provided 14 nos of water jet type sprinkler in the railway stack yard to control fugitive emission. The sprinklers were found to be in operational condition.
2	Transport vehicles from the railway siding shall pass through wheel washing system to minimize transfer of mud from internal and approach ro

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