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2024 Supreme(Online)(NGT) 3050

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Ajay Kumar Murarka – Appellant
Versus
State of Jharkhand – Respondent
Original Application No.63/2024/EZ|O.A. No.18/2024/PB



Advocates:
For the Applicant(s): Mr. Rajesh Bhardwaj, Adv.
For the Respondent(s): Ms. Aishwarya Rajyashree, Adv., Mr. Dev Aaryan, Adv., Mr. Varun Kothari, Adv.

Tribunal disposes OA where Pollution Control Board verifies environmental violations, imposes compensation, and directs compliance, holding regulatory enforcement sufficient without further judicial intervention.

Headnote:(A) Environment (Protection) Act, 1986 - Section 5 - National Green Tribunal Act, 2010 - Environmental clearance and consent to operate conditions - Violations by industrial unit including non-installation of waste heat recovery boiler, improper solid waste management, fugitive emissions, inadequate green belt, lack of environmental management cell - Joint Committee inspection confirmed multiple non-compliances - Pollution Control Board imposed environmental compensation and revoked consent, later revoked closure upon partial compliance but recomputed compensation to Rs.82,68,750/- with direction to deposit within 15 days failing reimposition of closure - Tribunal held compensation adequately addresses violations, directed Pollution Control Board to enforce compliance as per its affidavit. (Paras 17-22)

Facts of the case:
Letter petition alleged violations of environmental clearance and consent conditions by sponge iron unit, including non-compliance with gas treatment, waste utilization, and land use. Joint Committee inspected site on 09.04.2024, noted extensive non-compliances. Pollution Control Board issued show cause, imposed compensation, revoked consent, later reinstated operations upon inspection on 09.01.2025 with higher compensation.

Findings of Court:
Multiple environmental violations confirmed including unsystematic waste storage, fugitive emissions, lack of green belt, open storage of materials, non-functional monitoring, absence of sewage treatment plant. Project proponent admitted violations but sought time for compliance. Environmental compensation of Rs.82,68,750/- upheld as sufficient remedial measure.

Issues: Whether violations of environmental clearance and consent conditions warrant closure or suffice with compensation and compliance directions; scope of Tribunal intervention post Pollution Control Board actions.

Ratio Decidendi: Where Joint Committee verifies violations and Pollution Control Board computes and directs payment of environmental compensation with compliance timelines under Section 5, Tribunal deems matter resolved, directing regulatory enforcement without further adjudication. (Paras 20-22)

Result: Original Application disposed of with direction to Pollution Control Board to act per its affidavit dated 11.02.2025.

Table of Content
1. alleged violations of ec/cto conditions by steel plant (Para 2)
2. joint committee inspection reveals non-compliances (Para 3 , 4 , 5 , 6)
3. jspcb imposes environmental compensation and revokes cto (Para 7 , 8)
4. plant history, ownership change, and compliance defenses (Para 9 , 10 , 11 , 12 , 13 , 14)
5. ongoing violations and need for remedial compliance (Para 15 , 16 , 17 , 18 , 19 , 20 , 21)
6. application disposed directing jspcb enforcement (Para 22 , 23 , 24)

ORDER

1. Mr. Rajesh Bhardwaj, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.

2. Original Application No.18/2024 was originally registered by the New Delhi Bench of the National Green Tribunal on a letter petition. The relevant part of the letter petition noted by the Tribunal reads as under:-

“X X X X Subject: Violation of CTO and EC conditions by M/s. GM Iron & Steel Co. Ltd., Adityapur Industrial Area, Dist. Saraikela Kharsawan in connivance with officials of JSPCB.

X X X X With reference to the above captioned subject, I would like to draw your kind attention towards the CTO granted to the aforesaid company flouting all rules and regulations and ignoring the conditions imposed by the board as well as MOEF.

On going through the conditions of the CTO vide Ref No. JSPCB/HO/RNC/CTO-14997114/2023/516, dated 23/03/2023, the following discrepancies are found:

1. Under the heading of documents relied upon, in the Si No. 2 (9), it appears that reliance has been made on the Inspection report of Regional Officer, JSPCB, Jamshedpur dated 21/01/2023. Careful perusal of the said Inspection report also reveals that best efforts have been made to mislead and keep in dark, regarding the compliance of previous conditions. Under the heading, specific conditions at Si No. 25, which reads as “The content of Environmental Clearance vide F. No. J-11011/641/2009- IA II (I) dated 17.01.2011 for expansion of Sponge Iron Plant (100 TPD to 200 TPD) and installation of Steel /Melting shop (330 TPD) and captive Power Plant (12 MW- 4MW WHRB & MWAFBC) by M/s Bimaldeep Steel Private Limited.” Against this column, it is mentioned by the Regional Officer in the column of compliance as “Agreed”.

2. Sir, it apparently appears that the officers of JSPCB have deliberately chosen to suppress the factual scenario while making false and filovirus compliance report in order to favor the applicant / occupier. The specific condition A (v) of the said Environmental Clearance very specifically reads as under:

“Hot gases from DRI kiln shall be passed through Dust Settling Chamber (DSC) to remove coarse solids and After Burning Chamber (ABC) to burn CO completely and used in waste heat recovery boiler (WHRB). The gas then shall be cleaned in ESP before leaving out into the atmosphere through ID fan and stack.”

3. A bare reading of the said condition very clearly transpires that the flue gas from the DRI kilns is to be passed through WHRB. It is very much evident that there is no WHRB or AFBC/ CFBC boiler installed in the plant.

4. The para 6 of the Environmental Clearance reads as: “Solid wastes generated in the form of Char/dolochar will be used as fuel in FBC boilers for power generation. Flue dust from sponge iron plant will be used for manufacturing of fly ash bricks. Fly ash will be used for cement making as well as brick manufacturing. Kiln accretions will be used as sub- base material for road construction or landfill. Return scrap will be used in SMS. Dust from air pollution control equipments will be recycled in the process.” 5. Further, the specific condition (x) reads as under:

“All the coal fines, char from DRI plant shall be utilized in AFBC boiler of power plant and no char shall be used for briquette making or disposed off anywhere else. AFBC boiler shall be installed simultaneously along with the DRI plant to ensure full utilization of char from the beginning. Scrap shall be used in steel melting shop (SMS) and SMS slag and kiln accretions shall be properly utilize

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