Rourkela Shramik Sangha Union vs Steel Authority of India

B.P. Das, J.—Rourkela Shramik Sangha Union through its General Secretary Shri M.D. Panicker has filed this writ petition seeking a direction to permanently restrain opposite party No. 2-the Steel Authority of India Ltd. (SAIL) and opposite party No. 3-the Rourkela Steel Plant (RSP) from proceeding with the setting up of the proposed Joint Venture Slag-based Cement Plant in terms of the advertisement issued by the SAIL in Annexure-3 as the same is opposed to public policy. The petitioner has also sought for a direction to the SAIL and RSP to take effective step for achieving full utilization of the fly ash generated by the RSP in terms of the notification dated 14.9.1999 issued by the Ministry of Environment and Forests, Govt. of India regarding management of fly ash vide Annexure-1.

Annexures-3 is the advertisement issued by the SAIL and published in an English daily on 8.1.2007 inviting Expression of Interest from interested parties for Joint Venture Participation for setting up of a Slag Cement Plant at Rourkela by utilizing the entire Slag generated or proposed to be generated at its Integrated Steel Plant, i.e., RSP.

Shortly stated, the case of the petitioner in this writ petition is that the petitioner-Rourkela Shramik Sangha Union is a trade union registered under the Trade Unions Act and its members numbering over 20,000 are working in the establishment of RSP, which is engaged in manufacture of steel and steel products and is owned by the SAIL, which is a Govt. of India Company. Two thermal powers generating units, i.e., CPP I and CPP II, operating in RSP for generation of electricity for captive use in the manufacturing operation in RSP generate approximately 6 lakhs tons of fly ash per annum. The ash generated from the power plants which is highly polluting industrial waste product is dumped into the ash ponds through wet disposal method. In the process of manufacturing steel and steel products, RSP also generates around 8 lakhs tons of another industrial waste product, i.e., Blast Furnace Granulated Slag (Slag hereinafter) per annum. Out of the aforesaid two industrial waste products generated by RSP, 100% of the Slag is purchased and consumed by various cement manufacturing units located within the State of Orissa for using the same in the manufacture of blended cement called "Port land Slag Gement" (PSC) and as no portion thereof is accumulated, the slag generated does not pose any pollution problem. But the fly ash generated by the Captive Power Plants of the RSP is a very difficult material to handle in dry state because it is very fine and readily airborne even in mild wind. It disturbs the ecology of the region being a source of soil, air and water pollution; long inhalation of fly ash causes silicosis, fibrosis of lungs, bronchitis, pneumonitis etc. and the flying fine particles of ash poses problems for people living near power stations, corrode structural surfaces and affect horticulture. It is alleged that the dumping of huge quantity of fly ash generated by the RSP into the ash ponds directly and materially affect the health and life of thousands of workers and general public living in the vicinity of the ash ponds. According to the petitioner, the SAIL, which is a Government of India company, has failed to ensure full utilization of fly ash generated from the power plants in the RSP in terms of the notification dated 14.9.1999 issued by the Ministry of Environment and Forests.

On 8.1.2007, SAIL published the advertisement in Annexure-3 inviting Expression of Interest from interested parties to set up a Slag-based Cement Plant at Rourkela under a Joint Venture Company. The petitioner noticing the pollution of environment and as the fly ash generated by the captive thermal power units of the RSP is highly polluting and environmentally unfriendly industrial waste product and the information procured under the Right to Information Act revealed that a huge quantity of fly ash generated by the two thermal power units of the RSP is disposed of to the ash ponds through wet-disposal method and only a very small and negligible quantity of such fly ash is consumed in brick-making and manufacture of Portland Pozzolana Cement (PPC) or used in similar industrial applications and also in raising dyke height of the ash ponds and/or filling low lying areas, the petitioner requested the management of the opposite party Nos. 2 and 3 to take immediate step for disposal of fly ash generated by the RSP and suggested that instead of proceeding to set up the proposed Slag-based Joint Venture cement plant as per Annexure-3, they should take steps to set up fly ash based Joint Venture cement plant by first consuming 100% of the fly ash because slag is already being fully consumed by various cement plants located and operating within the State for which slag does not at all pose any pollution problem.

The sum and substance of the case of the petitioner is that instead of proceeding to manufacture cement by using the slag generated by the RSP, the SAIL and RSP should proceed to manufacture cement by using the fly ash generated by the RSP and stored in the ash ponds, which would considerably reduce the high stacking of fly ash thereby reducing the quantity of fly ash in the ash ponds in course of time.

Opposite party Nos. 2 and 3 on the other hand while resisting the reliefs sought for in the writ petition, have challenged the maintainability of the writ petition on the ground that the petitioner being a trade union has no locus standi or competency to challenge the setting up of the proposed joint venture project of Slag-based cement plant at Purunapani, as it is not affecting the service condition of any workman working in the RSP, much less any member of the petitioner-union. The opposite parties have further stated that the tender has reached its finality, but due to the interim order of this Court dated 17.11.2008, final decision in the matter is yet to be taken. The opposite parties have highlighted the objectives of the project, i.e., (i) Setting up of cement industry at Purnapani by resuming mining activity would help in gainful utilization of abandoned infrastructures and internal resources of the PSU; (ii) It will address a long standing demand of the public in and around Purunapani to expedite the project without delay (Annexure-B/2 of the counter of O.P. Nos. 2 and 3); (iii) It will bring socio-economic development and provide employment opportunity in the forest dominated under developed area of the State of Orissa; and (iv) It is pressing necessary of SAIL to plan for solid waste management namely "slag" particularly keeping in view its future expansion plan. It is stated that due to the capacity expansion and commissioning of 5th Blast Furnace and enhancement of hot material production, a huge quantity of slag and almost double the present quantity, would be generated and keeping the same in view, the opposite parties have planned for its utilization by setting up of the proposed the slag-based cement plant at Purunapani. In other words, the proposed plant has been conceived to cater to the excess generation of slag due to such expansion/modernization/commissioning of new blast furnace in the RSP. It was further submitted that the issue relating to environmental pollution due to generation of fly ash at Rourkela cannot be linked with the establishment of proposed slag based cement plant at Purunapani as per Annexure-3 and the issues are independent and different.

The State Pollution Control Board, Orissa, opposite party No. 5, in its counter affidavit has indicated that the captive power plants of the RSP are far behind the target in terms of utilization of fly ash as stipulated in the Fly Ash Notification dated 14.9.1999 and that all the three ash ponds are almost filled up.

In order to know the truth in the allegation of the petitioner that the fly ash is stored in the ash ponds in a dangerous situation, we required the Board to make an inspection of the power plants of the RSP. Thereafter in terms of this Court''s order dated 1.5.2009, an inspection has been carried out by the Board on 8.5.2009 and a report is filed along with the additional affidavit wherein it has been concluded that the fly ash management of the industry is grossly inadequate and due to inadequacy in ash utilization and ash pond management system, the ash slurry is found to be discharged to Guradi Nallah which in its turn lead into river Brahamani creating water pollution. It was further observed that as there was imminent threat of water pollution by way of ash slurry disposal to Guradi Nallah and Brahmani river, prompt action is required to be taken to contain ash slurry in ash ponds and stop discharge of ash slurry to Guradi Nallah.

The Regional Officer of the Board at Rourkela after inspecting the industry on 30.5.2009 submitted his report to the Member-Secretary of the Board by letter dated 9.6.2009 and the same is produced before us along with the memo, dated 7.7.2009. The relevant part of the inspection report is extracted hereunder:

SI. No. Item Observation on compliance & status

Capacity & ... ... operational and Consent status

The APC equipment ... ... for the power plant

Compliance stack ... ... monitoring results

Upgradation of ... ... ESPS

Ash pond The power plant has three numbers of management. ash ponds namely Ash pond-A, B, C. Into these ash ponds the ash slurry from CPP-1 of RSP and CPP-2 of NSPCL is being discharged and the over flow water is discharged to Guradi Nala. At present about 1200 cum of ash is being pumped to the ash ponds. Thus on monthly basis about 40000 cum of ash is put in the ash ponds. The present status is as follows.

Ash pond-A- The area of this ash pond is 37.49 Acs. The ash is full and 4th & final raising (231 mts to 235 mts RL) is to be done. The tender published and reportedly the job will commence during October-2009, about 80,000 cum of ash will be utilized making the embankment and it will take about 9 months for complete raising of this dyke. Reportedly about 3 lakh Cum of volume will be created so that it will last for about 7 months.

Ash pond - B - The area of this ash pond is 26.99 Acs. The final raising of this ash pond has already been done. Present it is evacuated to create void for emergency filling up with ash slurry. Reportedly they have awarded contract for evacuating of 1 lakh cum of ash during Apr to June 09, out of which 50,000 cum already evacuated. Further evacuation is under progress. 3. Ash pond - C - The area of this ash pond is 56.00 Acs. This dyke is presently reached level to starter dyke i.e., at 228 mts. Presently it is evacuated to create void for emergency filling up with ash slurry. Reportedly they have awarded contract for evacuating of 3 lakh cum of ash from B & C during July 09 to Jan 10. The job has commenced from 18th May 2009. 4. The industry has further given details on future evacuation of ash to create voids in the ash pond which was not presently evaluated because they have not shown any available space. 5. At present the evacuation rate is 2200 cum per day and daily discharge is 1200 cum per day. It was estimated that they have at present voids of 40,000 cum in Ash pond-C and 20000 Cum in Ash pond-B for discharge of ash slurry.

The industry has submitted layout map on which future dumping of evacuated ash will be done. They have demarked three places. They will divert one channel, provide a guard wall etc. and create about 2.5 lakh cum of voids to last for about 6 months. The lay out plan is submitted.

Thus it is estimated that if the evacuation-dumping in low lying are as continue as submitted this will continue for a period of 7 to 9 months.

It was also reported that they have taken up construction of ash pond-D (102 Acs) so that it will cater for the future dumping of ash. It is estimated that at 2 years of time is necessary for construction of ash pond-D.

Water quality of It is observed that at present they Ash over flow to are discharging ash pond over flow Guradi Nala water to Guradi nala from Ash pond-B & C. The effluent samples were collected on 30.05.2009 and on 3.06.2009. The analysis report is enclosed.These are not conforming to standard prescribed. The monitoring reports for entire year is also enclosed at Annexure-lll.

Ash pond The industry was directed to complete recirculation the ash pond recirculation system for System Pond-C within 3 months i.e. by Jan 2009. It was observed that they have completed the pedestals and pipe line is partly laid. They apprised that they will complete the recirculation system by Nov. 2009.

Fly ash The date submitted by the industry is utilization enclosed. The major utilization is dumping done at low lying areas within the plant premises. They should explore more constructive approaches like making fly ash bricks, blocks etc and promoting market for such products.

Observations & 1. At present the industry is Conclusion resorting to adhoc ash management practice like ash pond evacuation job with filling up of voids with ash slurry. This practice is continuing since May-2008. This type of stop gap arrangement is not a full proof measure for ash pond management.

As reported by the industry the dyke raising for Ash pond-A is likely to begin during Oct-09 and it will take about 9 months for completion. Thus the dyke raising is likely to be completed by Jun-2010.

The industry has a ash pond void of 60,000 cum and identified void space in nearby areas of nearly 2.5 Cum. Thus with these void space the ash pond is likely to be managed for a period of 8 to 9 months with marginal impact of surrounding water body.

The industry should identify further void space for disposal of ash.

The ash pond-D is likely to be completed after two years.

The industry shall take steps for promotion of ash brick utilization in this area.

The dry ash supply system to out side the parties near the plant boundary is yet to be functional. The building for compressor, and pipe line partly completed. They have been asked to expedite the matter.

The ash dumping practice is not satisfactory. The dump area is not covered with earth or slag to restrict fugitive emission.

Recommendation The present compliance is not satisfactory. The result of the analysis of the samples of effluent collected on 30.5.2009 and 3.6.2009 from over-flow water to Guradi Nalla from Ash Ponds B and C, which are enclosed to the inspection report, reveal as follows:

SI. No. Point of sampling PH TSS COD BOD3 at CI- mg/1 mg/1 27� C mg/L mg/1

Ash pond-B over- 6.5 962 66 - 26 flow to Guradihi Nalah

Ash pond-C over- 6.5 194 62 - 22 flow to Guradihi Nalah

Prescribed 5.5-9.0 100 250 30 1000 standard

Methods of Electro Gravi- Closed BOD at Argeno Analysis metic metric refux 27� metric tritro titrime- metric tric

SI. No Point of sampling PH TSS COD BOD3 at CI-mg/L mg/1 mg/1 27� C mg/1

Ash pond-B over- 6.3 565 42 - 22 flow to Guradihi Nalah

Ash pond-C over- 6.7 229 36 - 19 flow to Guradihi Nalah

Prescribed 5.5.-9.0 100 250 30 1000 standard

Methods of Electro Gravi- Closed BOD at Argeno Analysis metric metic refux 27� metric tritro titrime- metric tric 7. The aforesaid reports are quite alarming and as we understand, no effective step has been taken by the SAIL/RSP to control the situation, despite such reports. In no civilized country the factories/plants should be allowed to operate with such a high level of air and water pollution. As the SAIL is a public sector undertaking, the Board perhaps has taken a lenient view in the matter and has not initiated any effective and stringent action in filing prosecutions against the management and the occupiers of SAIL/RSP.

So far as the proposal of the SAIL for setting up of slag-based cement plant is concerned, the petitioner cannot have a say on the decision of the SAIL and its venture partners to get into the contract for the purpose of establishing a manufacturing unit of cement, be it slag-based or fly ash based. The petitioner cannot compel the opposite parties to go for a particular type of manufacturing process and do not have the locus standi to maintain the writ petition seeking a direction in that regard. But at the same time, we find that the petitioner has successfully drawn the attention of this Court regarding the public injury and the public wrong being caused due to accumulation of fly ash from the thermal captive power plants of opposite party Nos. 2 and 3, i.e., SAIL and RSP.

Everybody knows that right to life does not mean that it is merely an animal existence but it should have the right to live with dignity including the enjoyment of pollution free air and water and to live in a healthy and conducive atmosphere, which is required for existence of a human being. The report submitted by the Board reveals startling facts and we fail to understand why the Board is keeping silent over the matter without taking any drastic and effective action against the SAIL. The sphinx like silence of the Board authorities speaks a volume pertaining to their competency in implementation of the statutory duties cast upon them. As a statutory body, the Board has entirely failed in its duty to achieve the results desired by the general public, who are the worst sufferers of the evils of the polluted air and water. Needless to say that the root cause of this situation is the inaction on the part of the SAIL/RSP authorities and their defiance to take effective steps with regard to proper utilization of fly ash generated by it and to adhere to the pollution control measures, even though due to inadequate utilization of fly ash, the same is found disposed of to Guradi Nallah, which in its turn flows to river Brahmani creating water pollution. While rejecting the prayer of the petitioner to direct the SAIL and RSP to set up a slag-based cement plant, we direct the Board to take effective steps against the officers of the SAIL and RSP, who are responsible for non-compliance of the environmental norms and mismanagement of the fly ash as indicated in the aforesaid inspection report and take the errant officers to task inclusive of initiation of criminal proceedings against such officers.

Before parting, we would like to observe that it would be just, fair and prudent on the part of the SAIL authorities to go for a fly ash based plant, which shall maximum utilize the fly ash generated by the RSP and stored in its ash ponds for manufacture of cement instead of slag-based cement plant, which will ultimately bring down the ash level of the ash ponds and reduce the pollution level as well.

The writ petition is disposed of with the observations made above.

B.P. Ray, J.

I agree.