1 2025:CGHC:4207-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 104 of 2024 Vijay Mishra S/o Chandrabhushan Mishra Aged About 69 Years R/o Flat No. M I G- 608, Block No. 4, G-10, Himalayan Heights, Housing Board Colony, Dumartarai, Opposite Wholesale Market, Post- Mana Camp, Raipur, District Raipur, C.G. ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Environment and Forest, Mahanadi Bhawan, Naya Raipur, District- Raipur, C.G. 2 - Chhattisgarh Environment Conservation Board Through its Chairman, Paryavas Bhawan, Atal Nagar, Naya Raipur, C.G. 3 - Regional Officer Regional Office, Chhattisgarh Environment Conservation Board, Bilaspur, District Bilaspur, C.G. 4 - Collector Sakti, District- Sakti, C.G. 5 - M/s S. K. S. Power Generation (Chhattisgarh) Ltd. Through Its Director, Village Binjkot, Darramuda, Tahsil- Kharsiya, District Raigarh, C.G. ... Respondent(s) (Cause-title taken from Case Information System) _________________________________________________________ For Petitioner : Mr. Siddharth Rathod, Advocate For Respondents/State : Mr. Shashank Thakur, Dy. A.G. Fore Respondent Nos.2& 3 : Mr. Amrito Das, Advocate For Intervenors : Mr. Krishna Tandon, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.01.24 10:57:12 +0530 2 23 .0 1 .202 5 1. Heard Mr. Siddharth Rathod, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State / respondent Nos. 1 & 4, Mr.Amrito Das, learned counsel, appearing for respondent Nos. 2 & 3 / Chhattisgarh Environment Conservation Board and Mr.Krishna Tandon, learned counsel, appearing for intervenor / Sarpanch, Gram Panchayat, Kachanda. 2. The present petition has been filed by the petitioner styled as Public Interest Litigation seeking following reliefs : “10.1) This Hon'ble Court may kindly be pleased to call the entire records of the case for its kind perusal in the ends of justice. 10.2) This Hon'ble Court may be please to declare that the impugned permission vide letter dated 04- 10-2024 (Annexure P/1) passed in favour of the respondent no.5 by the respondent no.3 is arbitrary, illegal and non est in the eyes of law, thus the impugned permission dated 04-10-2024 (Annexure P/1) be directed to be set aside. 10.3) That, this Hon'ble Court may kindly be pleased to issue directions to respondent(s) independently or collectively or through the body of experts, or as it deems fit to the Hon'ble Court to form a Committee to assess the level of damage/pollution which has been caused by fly-ash in village where subject land is situated. 3 10.4) That, this Hon'ble Court may kindly be please to issue appropriate writ directing respondent no.5 to restrain from dumping fly ash on the subject land and further to remove the fly ash from the subject land. 10.5) That, this Hon'ble 'may kindly be please issue direction to respondent no.5 and also the respondent no. 1 to 4 to strictly follow the notification and Statutory Advisory issued by the Ministry of Environment, Forest and Climate Change. 10.6) This Hon'ble court may be please to direct respondent authorities to properly enquire into the matter pertaining to the grant of permission to the respondent no.5 for dumping fly ash on the subject land and to take appropriate penal action against respondent no.5 in accordance with law. 10.7) Cost of the petition may also be granted to the petitioner. 10.8) Any other relief which this Hon'ble court may deem fit in the ends of justice, equity and good conscience shall be granted to petitioner. 3. The petitioner in this petition is challenging the permission dated 04.10.2024 granted by the respondent No.3 to respondent No.5 for dumping 2,00,000 MT Fly Ash on land bearing Khasra No. 60/1, 8871A admeasuring total 12.1406 Hectare situated at Village Kachanda, Tahsil-Jaijaipur, District-Sakti (C.G) in manner which is arbitrary, illegal and contrary to law and also the act of respondent authorities in not taking appropriate action against respondent no.5. 4. On 17.12.2024, when this matter was taken up for hearing, the 4 petitioner, who is stated to be an Advocate, has stated that before approaching this Court, he has raised the grievances before the Chief Secretary, State of Chhattisgarh on 17.10.2024 by making a complaint, but no action has been taken on the same. The copy of the complaint was received on 17.10.2024 by the office of the Chief Secretary, State of Chhattisgarh, which has been annexed as Annexure P/13. 5. Considering the seriousness concern raised in the present PIL, the Chief Secretary, State of Chhattisgarh, was directed to file his personal affidavit. 6. In compliance of the said order, the Chief Secretary, Government of Chhattisgarh has filed his personal affidavit on 09.01.2025. Operative portion of the said affidavit reads as under : “1. That, the present Public Interest Litigation has been filed against the alleged illegal dumping of fly ash by respondent no. 5 in Village Kanchanda, Tehsil Jaijaipur, District Sakti (C.G.). 2. That, the instant affidavit is being filed in compliance of the Hon'ble Courts order dated 17/12/2024 and 20/12/2024. 3. That, the petitioner has submitted a complaint to the deponent dated 17/10/2024 (Annexure P/13 to the petition). The deponent sought report from Chhattisgarh Environment Conservation Board (CECB) on allegations made by the petitioner. The findings of the enquiry made by CECB was submitted vide letter dated 8.1.2025. During the inspection by CECB officials, industry representative, petitioner, 5 local representatives and villagers were also present. The report obtained from CECB is annexed as Annexure- R/1 (Colly). a. Petitioner has claimed in the petition that the impugned NOC issued by CECB to SKS Power Generation dated 4.10.2024 has been issued without obtaining sanction from the local authority. The same is found to be incorrect as the NOC was given by CECB after obtaining NOC from the Gram Panchayat and SDM (Revenue) District - Sakti (C.G.). b. Petitioner has complained that the subject land is being used by the villagers for grazing their cattle and dumping of fly-ash would thus hamper the farmers/ villagers livelihood. The same is found to be incorrect as CECB's report states that the subject land is being used for cremation and organizing fairs (mela). Further, around 73 acres of grazing ("charagaah") land is available elsewhere in Village Kachanda. Moreover, reportedly there are 7 to 9 feet deep pits on the said land and leveling of the land through fly-ash filling would thus increase the utility of the said area. The report also states that no harm has been caused to the vegetation in the area. c. Petitioner has complained that subject land has a slope in North-East direction, thus during the rainy season the rain water would flow from the subject land carrying fly-ash to the agricultural land of villagers situated at 6 East-North direction and would thus alter the fertility of their agricultural land. The report concludes that the above allegations are unfounded as a bund of height 500-600 m was found to have been build along the boundary of the said land to prevent flow of fly-ash in the GARY adjoining agricultural land. Further, the slope of the land is towards the road (south side) and not towards the agricultural land. The Petitioner had also alleged that a similar instance of spillage of fly-ash has happened in the past which caused the land of one Vishnu Chandra to become infertile. As per CECB's report, the same is also unfounded, as Vishnu Chandra has presented a written statement that he does not have any kind of grievance or complain. d. The Petitioner had complained that the conditions mentioned in the NOC given by CECB have not been followed. The same is found to be incorrect as CECB's report. The report states that: 1. fly ash was found to be leveled to the level of the road and the fly ash has been covered with 30-50 cm thick layer of soil; 2. bund ("med") was found to have been build along the north and east side of the subject land for protection against the water flow; 3. water sprinkling was being carried out through water tankers to suppress dust during vehicular movement and fly ash 7 was being transported by tarpaulin covered trucks to control air pollution; 4. Appropriate display/ information board was found to be installed at the premises; 7. From perusal of the contents of the intervention application filed by the Intervenor, who is stated to be Sarpanch of Gram Panchayat, Kachanda, Tehsil – Jaijaipur, District – Janjgir- Champa, it transpires that the Gram Panchayat, Kachanda with the approval of the villagers in their proposal dated 05.02.2024 has given consent to dump the fly ash in different portion of the aforesaid land, which is unsettled and for smoothing the surface of the land fly ash dumping have to be done and then it will be covered by the mud. The Gram Panchayat, Kachanda vide letter dated 20.05.2024 requested the Sub-Divisional Officer (Revenue) Sakti to fill the land in question with fly ash and then level it equal to the road. The Tahsildar vide memo dated 28.06.2024 asked for the Halka Patwari, Kachanda that official of Environment Board has made query whether fly ash can be dumped in the land in question. An enquiry was made by Chhattisgarh Environment Conservation Board (CECB) and thereafter issued NOC in favour of respondent No.5. As per enquiry report, during inspection by CECB Officials, industry representative, petitioner, local representatives and villagers were also present and the petitioner is trying to pressurizing the villages and asking them to object regarding dumping of fly ash. 8 8. From perusal of the intervention application filed by the Gram Panchayat, it transpires that conduct of the petitioner is not good and he is interfering and provoking the villagers and asking them to object regarding dumping of fly ash, which has been seriously disputed by learned counsel for the petitioner. 9. Considering the contents of the affidavit filed by the Chief Secretary, State of Chhattisgarh and also considering the fact that Chhattisgarh Environment Conservation Board has already issued NOC for dumping of the fly ash in the land in question, we deem it appropriate to dispose of the instant PIL. 10. Accordingly, the instant petition stands disposed of. 11. At this stage, learned counsel for the petitioner prays for refund of the security amount deposited by the petitioner. But, considering the overall picture which has been projected by petitioner, which goes to show different story, therefore, the security amount deposited by the petitioner be forfeited. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra