CUTTACK: Non-compliance of directions issued two years back on violation of environmental clearance (EC) conditions during expansion of Balda block iron ore mining project in Keonjhar district by a private leaseholder has come under the scanner of National Green Tribunal (NGT)’s East Zone bench.
Acting on a fresh application alleging non-compliance of the order, the bench of B Amit Sthalekar (judicial member) and Arun Kumar Verma (expert member) on Friday said, “Issue notice to the Odisha State Pollution Control Board (OSPCB), for filing affidavit in terms of the order of the tribunal dated May 21, 2022. Let the affidavit be filed within four weeks.”
Advocates Sankar Prasad Pani and Ashutosh Padhy made submissions on behalf of the petitioner virtually. The bench directed to list the case on May 28.
Rama Chandra Mahanta, a resident of Keonjhar region, had filed the fresh application and had first sought intervention of NGT alleging violation of EC conditions during expansion of the mining project in 2017.
The NGT had then directed the Ministry of Environment, Forest & Climate Change (MoEF&CC) to inquire into the allegations and submit a report. Subsequently, MoEF&CC submitted the report indicating violation of EC conditions.
Taking note of it, NGT’s special bench in its order on May 21, 2022 had stated, “In view of report of the MoEF&CC finding violations as above, the statutory regulators have to take further remedial action for compliance of the EC conditions as well as assessment and recovery of compensation for the past violations, following due process of law.”
Compensation should be assessed by a joint committee of Central Pollution Control Board, state PCB and district magistrate, with state PCB as nodal agency on polluter pays principle, considering the extent of violations, period of violations, cost of remediation and deterrent element, with reference to financial capacity of the violator, it had directed.