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2022 Supreme(Online)(NGT) 1835
Item No.02 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) ORIGINAL APPLICATION NO.82/2022/EZ (I.A. NO.18/2023/EZ, I.A. NO.23/2023/EZ)
IN THE MATTER OF:
Kalinga Nagar ParibeshSurakhya Samiti, Represented by it’s President Aswini Kumar Dhal At/PO/PS – Jakhapura, Danagadi, Kalinganagar, Jajpur, Odisha – 755026, …. Applicant(s)
Versus
1. Chief Secretary, Odisha cum Chairman, State Pollution Control Board, Odisha, Secretariat Bldg., Bhubaneswar, Odisha – 751001, 2. Member Secretary, State Pollution Control Board, Odisha, A/118, Nilakanthanagar, Unit-VIII, Nayapalli, Bhubaneswar, Odisha – 751012, 3. Additional Chief Secretary, Forest and Environment Department, Government of Odisha, Secretariat Building Bhubaneswar, Odisha – 751001, 4. The Secretary, Ministry of Environment, Forests and Climate Change, Indira Paryavaran Bhawan, Jorbagh, New Delhi – 110003, 5. Member Secretary, Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, New Delhi – 110032, 6. Managing Director, M/s VISA Sun Coke Ltd, VISA House, 11, EkamraKanan, Nayapalli Bhubaneswar, Pin – 751015, 7. Managing Director, M/s VISA Coke Ltd, VISA House, 11, EkamraKanan, Nayapalli Bhubaneswar, Pin – 751015, 8. Managing Director, Odisha Industrial Infrastructure Development Corporation of Odisha (IDCO), IDCO Tower, Janapath, Bhubaneswar, Pin – 751022, …. Respondent(s)
Date of hearing: 11.05.2023 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Mr. Sankar Prasad Pani, Advocate (in Virtual Mode)
For Respondent(s) : Mr. Nayan Chand Bihani, Advocate a/w Ms. Papiya Banerjee Bihani, Advocate for 1 & 2, Mr. Surendra Kumar, Advocate for R-5, Mr. Sumeer Sodhi, Advocate a/w Mr. Prannoy Joe Sebastian, Advocate for R-7, Ms. Amrita Pandey, Advocate in I.A. No.18/2023 (in Virtual Mode)
For the Petitioner: SANKAR PRASAD PANI
For the Respondent:
ORDER
1. Mr. Sankar Prasad Pani, learned Counsel is present for the Applicant in Virtual Mode. Mr. Nayan Chand Bihani, learned Counsel along with Ms. Papiya Banerjee Bihani, learned Counsel appearing for Respondent Nos. 1&2, Mr. Surendra Kumar, learned Counsel appearing for Respondent No.5, Mr. Sumeer Sodhi, learned Counsel along with Mr. Prannoy Joe Sebastian, learned Counsel appearing for Respondent No.7, are present in Court and Ms. Amrita Pandey, learned Counsel appearing for the Applicant in I.A.
is present in Virtual Mode.
2. The allegation in the Original Application is that Integrated Steel Plant Project of M/s VISA Steel Ltd. for a capacity of 1.5 MTPA Steel Plant and 100 MW Captive Power Plant (CPP) was granted Environmental Clearance by the Ministry of Environment, Forest and Climate Change on 12.06.2007 for production of steel billets.
3. The learned Counsel for the Applicant submits that the Coke Plant operated by Respondent Nos. 6 and 7, M/s VISA SunCoke Ltd. and M/s. VISA Coke Ltd. respectively, were never granted Environment Clearance since there is no mention of the same in the original Environmental Clearance given to M/s VISA Steel Ltd.
4. It is also alleged that the Coke Oven Plant of M/s VISA Coke Ltd.
was granted Consent to Operate by the Odisha State Pollution Control Board from 2013 to 2019 i.e. from 30.03.2013 to 31.03.2019 and again from 29.03.2019 to 31.03.2023 but the said Coke Oven Plant is operating without Environmental Clearance.
5. The learned Counsel for the Applicant also referred to the Inspection Report of an inspection carried out by the Integrated Regional Office of the Ministry of Environment, Forests and Climate Change, Bhubaneswar, and the State Pollution Control Board on 26.10.2021 and the findings of the Committee are contained in their report under the heading - CONCLUSION which read as under:-
“Conclusion:
1. The conditions stipulated in the EC letter as well as CTO letter are not being adhered to by the industrial plant. Industrial waste water is being discharged to the outside in violation of the EC letter issued by the Ministry of Environment, Forest and Climate Change.
2. Though Environment Clearance has been accorded by the Ministry to the integrated steel plant in 2007 with coke open being an integrated component, the Odisha State Pollution Control Board has issued separate CTO in favour of M/s VISA Coke Ltd. to which no EC has been granted.”
6. Other conditions of the Environmental Clearance which have allegedly not been complied are also mentioned in the report which read as under:-
“4. Allegations made in the application and the findings
S l. No.
Allegations Made
Observation
i
Non-compliance of EC and CTO conditions by VISA Steel.
Conditions like ETP and surface run off treatment system is not functional during site visit.
EC letter dated 12.06.2007 (Specific Condition No.v) Total requirement of water ….. Effluent treatment plant shall be installed for treatment of the processed water. Cooling tower and boiler blow down water will be used for coal quenching. All the waste water generated shall be treated, recycled and reused either in the process or for dust suppression or green belt development. No waste water shall be discharged outside the factory premises and zero discharge shall be adopted.
N W I Status of compliance: ot complied. ith the discharge of water to outside the plant premises at different locations, this condition is not complied with. t is also observed during the visit that the ETP is non functional. From the observation made at site, it is noted that the ETP has not been maintained and remained non functional for some time.
EC letter dated 03.07.2008 (Specific Condition No.vii)“prior permission for the drawl of 1,498 m3/hr from river Kharsua shall be obtained from the concerned department. N
