NGT seeks affidavit on non-compliance of order in Keonjhar mining project

CUTTACK: Non-compliance with directions issued two years ago on violation of environmental clearance (EC) conditions during the expansion of Balda block iron ore mining project in Keonjhar district by a private lessee has come under the scanner of the National Green Tribunal (NGT) Bank of Zone East.

Following a fresh application for non-compliance of the order, the bench of Justices B Amit Sthalekar (Judicial Member) and Arun Kumar Verma (Expert Member) on Friday said: “Issue notice to Odisha State Pollution Control Board (OSPCB) , for filing an 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 submitted submissions virtually on behalf of the petitioner. The bench directed that the matter be heard on May 28.

Rama Chandra Mahanta, a resident of Keonjhar region, had filed the fresh application and had first sought NGT’s intervention for violation of EC conditions during the expansion of the mining project in 2017.

The NGT had subsequently directed the Ministry of Environment, Forest and Climate Change (MoEF&CC) to investigate the allegations and submit a report. Subsequently, MoEF&CC submitted the report showing violation of EC conditions.

Taking note of the same, the Special Bench of NGT had stated in its order dated May 21, 2022, “In view of the report of the MoEF&CC finding violations as above, the statutory regulators should take further corrective measures to meet the EC conditions as well as assessment and recovery of compensation for past violations, according to due process.”

The compensation is to be assessed by a joint committee of the Central Pollution Control Board, the State PCB and the District Magistrate, with the State PCB as the focal authority on the polluter pays principle, taking into account the magnitude of the violations, the period of the violations, the costs of repair and the deterrent element, with reference to the financial capacity of the offender, she had focused.