Thermal power plant complied with environmental norms; no pollution discharge into pond verified by inspections.

ORDER

1. The Original Application 362/2023 was registered in the National Green Tribunal, New Delhi Bench on the basis of a letter petition dated 03.02.2023 received from the Applicant-Laddu Sahni.

2. The complainant has stated that Kanti Bijlee Utpadan Nigam Limited (hereinafter referred to as ‘proponent’) at Kanti, District Muzaffarpur is discharging chemical waste water and coal ash in a pond at khasra no.1754, area 1450D, causing loss to fish production and environmental damage.

3. It appears that an earlier O.A. No.272/2019, Satyanarayan Sahni vs. State of Bihar, was filed which was disposed of by the New Delhi Bench of the Tribunal vide order dated 28.09.2020 which reads as under:-

“1. A report was sought from District Magistrate, Muzaffarpur and Bihar State Pollution Control Board with reference to the allegation of pollution being caused by fly ash dump set up by thermal power plant at Village Kanti Nagar, District Muzaffarpur, Bihar causing damage to the public health, animal health and ecology in the area.

2. The matter was thereafter considered in the light of report dated 21.12.2019 indicating deficiencies in handling of the fly ash by M/s. Kanti Bijlee Utpadan Nigam Limited, Kanti Unit, Muzaffarpur (KBUNL). The Tribunal directed further remedial action and filing of status report.

3. Accordingly, a status report has been filed by the State PCB on 16.07.2020, mentioning the steps taken including the shortening of timeline for performance of certain jobs, in the interest of the environment. The State PCB, to secure performance has sought bank guarantee of Rs. 5 crores.

4. In view of above, let further action be taken by the KBUNL which may be overseen by the State PCB. The application is disposed of.

A copy of this order be forwarded to M/s. Kanti Bijlee Utpadan Nigam Limited, Kanti Unit, Muzaffarpur and the State PCB by e-mail for compliance.”

4. The New Delhi Bench therefore, directed the Bihar State Pollution Control Board to submit Action Taken Report.

5. Thereafter, the case was transferred to the National Green Tribunal, Eastern Zone Bench, Kolkata and re-number as O.A. No.95/2023/EZ. Since Respondents had not been impleaded earlier in the Original Application, therefore, the following were impleaded as Respondents:-

(1) Bihar State Pollution Control Board, through its Member Secretary,

(2) Central Pollution Control Board, through its Member Secretary,

(3) District Magistrate, Muzaffarpur, and

(4) Katni Bijlee Utpadan Nigam Limited, Katni, District Muzaffarpur, 

6. Notices were issued to the respondents.

7. The Tribunal also constituted a Committee comprising of the following members:-

(i) Senior Scientist, Bihar State Pollution Control Board;

(ii) Senior Scientist, Central Pollution Control Board; and

(iii) District Magistrate, Muzaffarpur, or his representative not below the rank of the Additional District Magistrate, 

8. The Committee was directed to visit the site in question and submit its Report on affidavit.

9. Counter-affidavit dated 21.09.2023 has been filed by Bihar State Pollution Control Board. Along with this affidavit, an Inspection Report of an inspection carried out on 06.07.2023 has been filed which reads as under:-