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2024 Supreme(Online)(NGT) 3746
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
Mr. B. Amit Sthalekar, J, Dr. Arun Kumar Verma, ACJ
Sridhar Samal – Appellant
Versus
Union of India – Respondent
Original Application No.46/2024/EZ
For the Applicant(s): Mr. Afraaz Suhail
For the Respondent(s): Mr. Sourav Halder, Mr. Anand Prakash Das, Mr. Sibojyoti Chakraborty, Mr. Dipanjan Ghosh, Mr. Ayan Poddar, Mr. Soham Dutta
The Tribunal mandated strict measures for pollution control from coal mining operations while attributing part of environmental degradation to transportation activities.
Headnote:(A) Environmental Protection Act, 1986 - National Clean Air Programme - Application alleging severe fugitive dust emissions from coal operations by Mahanadi Coalfields Limited in Talcher, Odisha - The Tribunal directed respondents to implement measures for preventing coal dust and fly ash emissions and ensure regular cleaning and inspections. (Paras 28, 29)
(B) Inspection findings confirm that the mining operations have adopted several control measures such as covered coal conveying systems and wheel washing to minimize emissions. (Paras 22, 27)
Facts of the case:
The applicant alleges significant air pollution due to coal dust from the operation of Mahanadi Coalfields Limited with reports of affected communities and a lack of effective pollution control.
Findings of Court:
The Tribunal recognized the measures taken by Mahanadi Coalfields Limited and attributed certain pollution issues to vehicle traffic rather than mining-specific activities.
Issues: The main issues were the adequacy of pollution control measures in place and the impact of coal transportation on local air quality.
Ratio Decidendi: The Tribunal emphasized the importance of monitoring and implementing cleaner practices to mitigate air pollution resulting from mining and transportation activities.
Result: The application is disposed of with directives for implementation of pollution control measures.
| Table of Content |
|---|
| 1. allegations of significant local pollution from coal dust and transportation. (Para 4 , 5 , 6 , 7 , 8) |
| 2. details of initial assessments and responses from authorities. (Para 11 , 12 , 14 , 15) |
| 3. court's assessment of compliance and measures in place. (Para 22 , 24) |
| 4. court mandated pollution control measures and disposal of application. (Para 28 , 29) |
ORDER
1. Mr. Afraaz Suhail, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.
2. Mr. Sourav Halder, learned Counsel holding brief of Mr. D. N. Ray, learned Counsel is present (in Virtual Mode) on behalf of the Respondent No.1, Ministry of Environment, Forests and Climate Change (MoEF&CC).
3. No one is present on behalf of the Respondent No.8, National Highway Authority of India (NHAI) although the names of Mr. Umesh Chandra Mohanty, Mr. Ashok Kumar Mohanty and Mr. Sanjeev Kumar Swain are printed in the cause list.
4. This Original Application has been filed by the Applicant alleging that Respondent No.10, Mahanadi Coalfields Limited, is causing considerable pollution in the course of its operation. It is stated that Respondent No.1, company, is a public sector company and is a coal producer in India. It is also stated that the Talcher Coalfield under Mahanadi Coalfields Limited (MCL) has reserves of 38.65 billion tonnes at places like Andhra Pradesh, Maharashtra, West Bengal and Tamil Nadu etc.
5. It is stated that on a daily basis about 5000-10000 coal laden trucks ply from the coal mines to different places in India. It is also stated that the passage of these trucks mostly happens within the city and then it touches NH-149 which also passes through the city.
6. It is alleged that these trucks do not take any preventive or precautionary measures to ensure that coal dust from the trucks does not leak outside and pollute the city. It is also alleged that dust pollution is so high that visibility becomes very difficult most of the times and in most of the households and other structures there is a black layer of coal dust everywhere.
7. It is alleged that villages like Balhar, Lingaraj, Nandira, Cover belt area near Balanda, Thermal area, Tentulei Village, Badadanda Sahi, Baghmara and Diajharan are the most affected villages because of such air pollution. It is also alleged that in addition to the coal dust, fly ash has also damaged most of farmlands and water bodies passing through the city.
8. It is stated that Tentulei Village, Badadanda Sahi, Baghmara and Diajharan are worst affected villages due to leakage of fly ash and coal dust from the nearby coal mining activities of Respondent No.10.
9. It is also stated that as per National Clean Air Programme (NCAP) an air quality management cell has been formed in the Talcher Municipality in July, 2021 with the aim to reduce and check the pollution in Talcher city but in practical sense this team is not functioning properly.
10. The Collector and District Magistrate, Angul, Odisha has filed affidavit dated 09.04.2024 bringing on record the Report of the Inspection Committee constituted by this Tribunal which reads as under: -
“Committee Report on O.A. No.46/2024/EZ in the Hon’ble NGT Order dated 06.03.2024 in the matter of Sridhar Samal Vs State of Odisha
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Hon’ble National Green Tribunal (NGT), EZB, in the matter OA No.46/2024/EZ dated 06.03.2024 passed an order to constitute a committee comprising following members and directed the committee to visit the site in question and submit its report on affidavit within four weeks with regard to the allegation made in the Original Application.
(i) Senior Scientist, Odisha State Pollution Control Board;
(ii) Senior Scientist, Central Pollution Control Board; and
(iii) Collector and District Magistrate, Angul or his representative not below the rank of Additional District Magistrate.
In compliance to the said order, the following members have visited the site on 20th & 21st March, 2024, jointly
i. Sri Pratap Priti
