- (1.) This 'Public Interest Litigation' has been filed on the alleged pollution in the district of Dhanbad by M/s. Bharat Coking Coal Limited and also by Maithon Power Limited (Intervener). By various orders of this Court, the Court has issued various directions and in furtherance of the directions issued by this Court, the Pollution Control Board has organized various awareness programmes and also issued various directions to the industries situated in the District of Dhanbad to control the pollution. The steps taken by the Pollution Control Board in this regard has been enumerated in its counter-affidavit filed on 19.8.2013 and another counter-affidavit filed on 23.09.2013.
(2.) The grievance of the petitioner is that the intervenor-Maithon Power Limited, which is a power generating company is highly polluting company in Dhanbad and that the fly ash discharged from the power generating company had formed a blanket that had adversely affected agriculture in the adjoining areas. In response to the allegations made by the petitioner, the Jharkhand State Pollution Control Board (in short 'JSPCB') has filed its counter-affidavit on 19.08.2013 stating that the JSPCB has inspected Maithon Power Plant and Board vide its letter No. B-824 dated 1.02.2013 has issued various directions, which are as under: (i). Unit is directed immediately restraining or prohibiting the persons concerned discharging any poisonous, noxious or polluting matters into Maithon Dam; (ii). Unit shall immediately stop discharging ash laden effluent into Maithon Dam; (iii). Unit is directed to ensure by 28th February, 2013 all the necessary construction activities should be completed for restraining the effluent discharge outside the premises; (iv). Unit is directed to do the necessary repairing work of the Ash pond by 30.01.2013 as per the undertaking vide letter No. MPL/C & E/Jan/2013 dated 05.01.2013; (v). Unit is directed to regulate the production in such a way that the production of fly ash shall be minimum and no ash laden effluent should go into Maithon Dam; (vi). Unit is directed to intimate the Board regarding progress of works done in this regard at the interval of every 10 days; (vii). Unit is directed to make operative modified automated dust suppression system at Coal transportation area with immediate effect, (viii). Unit is directed to make connectivity to JSPC Board, Ranchi for transferring the Online monitoring data of stack emission, within one and half months from the date of issue of this letter; (ix). Unit is directed to utilize 100% Fly Ash as per notification of MoEf; (x). Unit is directed to install and make operational fixed type water sprinkling system at all the vulnerable area within a month; (xi). Unit shall submit a Bank Guarantee of Rupees 25 Lakhs (Rupees twenty five lakhs only) within a week to JSPC Board, Ranchi with a validity period of 30.06.2013 subject to condition that all the above conditions shall be fully met by 28.2.2013 failing which Bank Guarantee submitted shall be forfeited and a complaint case shall be filed against the unit and the person concerned under Sections 33 and 37 of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 respectively.
(3.) It is further stated that the Unit was again inspected on 3.5.2013 and further directions had been issued vide Boards letter No. D-2477 dated 12.08.2013.;