- (1.) IN pursuance to the direction dated 06.01.2014, the Jharkhand State Pollution Control Board constituted a Committee comprising of Dr. Mahendra Mahto, Member Secretary -cum -Chairman and 4 other Members as indicated in Annexure -D to carry out inspection of M/s. Maithan Power Limited. In the light of the order passed by this Court on 06.01.2014, the Committee so constituted by the Jharkhand State Pollution Control Board has also filed its report in Annexure -3 (page -21) filed along with the supplementary counter -affidavit of the Pollution Control Board dated 07.03.2014. In the said Annexure, the Committee constituted by the Jharkhand State Pollution Control Board had expressed its views as under: Cinder and bottom ash are collected at the plant site, whereas fly ash is collected in silos. It is converted into slurry using water and transferred to ash pond. Cinder, bottom ash and fly ash of ash pond and silos are transported to abandoned coal mines of Eastern Coalfields Ltd. allotted to Maithan Power Ltd. for this purpose in covered hyvas. During inspection, they were seen being transported in covered hyvas. The copy letter dated 17.04.2013 of Additional General Manager, Magma Area, Eastern Coal Ltd. is annexed and marked as Annexure -3.A. The effluent is generated in the plant and in the ash pond. There is a discharge of effluent/storm water from the plant, which is towards other side of Maithan Dam. According to Lab Ref. No. 23/14 of Central Laboratory, Ranchi, its quality conforms to the standard prescribed by the Board. There is neither leakage, nor flow of any effluent from ash pond. There is a pucca embankment. A toe drain and a bern drain with water collection pits are constructed at the bottom of the embankment. Two pumps are installed at the collection pits to pump back water (if any) to the ash pond. There is no discharge of any effluent from the ash pond to Maithan dam. It is within the pond. The copy of Lab Ref. No. 23/14 of Central Laboratory is annexed and marked as Annexure -3.B.
(2.) THE learned counsel appearing on behalf of the petitioner, Mr. Mahesh Tewari submitted that the fly ash being deposited in the abandoned mines would cause the health hazards to the people living in the vicinity, apart from affecting the air and water. The learned counsel has further submitted that fly ash cannot be allowed to be dumped/deposited in the abandoned mines because of the fact that it affects the underground water. Without expressing any opinion on the merit of the case, we direct the Ministry of Environment & Forest to; file its response regarding the inspection report filed by the Jharkhand State Pollution Control Board.
(3.) THE Ministry of Environment & Forest, Government of India is impleaded as party - Respondent No. 9.;