CUTTACK: The Orissa High Court has called for balancing environmental considerations with the practical realities faced by industries. The observation was made while issuing a stay order on State Pollution Control Board (SPCB)’s order for closure of the thermal power plant of Jindal India Thermal Power (JITP) at Angul on March 23.
“Indeed, an overly rigid adherence to paper rules and procedures can be harmful, if it overlooks the underlying purpose or substance of the rules in the first place. The balance between structure and flexibility can lead to more effective and meaningful outcomes,” the single judge bench of Justice SK Panigrahi remarked in the April 15 interim order on JITP’s petition, while posting the matter to July 25 for further consideration along with a response from SPCB.
The SPCB had ordered for an immediate halt of all operations at the entire thermal power plant on the ground that it was discharging wastewater directly into the Kaudia Nallah, which in turn feeds into Tikira River. However, Justice Panigrahi felt the closure order was “a disproportionate response, given the company has already achieved a high level of compliance and is making efforts to reach full compliance.”
“Moreover, it is assured by the company and an independent agency that the discharge of treated waste water is not hazardous to the health of the people or the environment. Consequentially, the closure of the company may indeed seem unjustifiable for it is important to balance environmental considerations with the practical realities faced by businesses,” Justice Panigrahi observed.
In the interim order, Justice Panigrahi went on state that thermal power plants are integral to the state’s energy infrastructure, especially during the peak demand periods of the summer months.
These facilities not only contribute substantially to the state’s electricity supply but also underpin the livelihood of thousands of workers and their dependents.
“The abrupt closure of these facilities could consequently have profound social and economic repercussions, including potential job losses and discernible disruptions to the power supply,” Justice Panigrahi also observed.
Appearing on behalf of JITP, senior Advocate Mukul Rohatgi submitted that the OSPCB issued the closure notice in a hush-hush manner without having a glance at the reality. It was claimed on behalf of JITP that Kakudia Nallah originates outside the plant premises, passes through the petitioner’s plant, and eventually merges with the Tikira River. Consequently, runoff water from the storm drains may mingle with water in the Nallah.
Currently, to prevent untreated water from entering the Kakudia Nallah, the petitioners treat both runoff water from the plant and water from the Kakudia Nallah in the surface runoff treatment system (SRTS), ensuring compliance with prescribed standards before release.
Moreover, the petitioners are in the process of constructing a dedicated stormwater drainage system directly connected to the SRTS for the treatment of runoff water, it was claimed.