Item Nos.1 to 3:- Court No.1

BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

(Through Video Conference)

Original Application No. 04 of 2019 (SZ)

With

Original Application No. 04 of 2020 (SZ)

With

Original Application No. 05 of 2020 (SZ)

IN THE MATTER OF:

ANIRUDH REDDY

H. No. 1-64, Rangareddyguda Village, Rajapur Mandal,

Mahabubnagar District, Telangana. …Applicant(s)

Versus

1. UNION OF INDIA

Through the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan,

Jor Bagh Road,

New Delhi-110 003.

2. CENTRAL POLLUTION CONTROL BOARD

Through the Member Secretary, Parivesh Bhawan, East Arjun Nagar, New Delhi-110 032.

3. STATE OF TELANGANA

Through its Chief Secretary, Secretariat, Khairatabad Hyderabad, Telangana-500 022.

4. TELANGANA STATE POLLUTION CONTROL BOARD

Through the Member Secretary, Paryavaran Bhavan, A-3, Industrial Estate, Sanathnagar, Hyderabad-500 018.

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5. M/S. BILASRAIKA SPONGE IRON INDIA PVT. LTD.

Through the Managing Director Gundlapotlapally Village, Balanagar Mandal Mahabubnagar District,

Telangana.

…Respondent(s)

WITH

1. CHAVA SRINIVAS

S/o Sri. C. Hanumantha Rao, R/o Plot No. 361, Road No. 80, Jubilee Hills, Hyderbad, 500 096.

2. THE SPARK INITIATIVE SOCIETY

Through its President Reg. No. 519 of 2017, Address: 12-13-677/126, Tarnaka, Hyderabd,-500 017.

…Applicant(s)

Versus

1. M/S. ANAND METALICS & POWER PRIVATE LIMITED,

Sy. No. 275, Kodicherla Village, Kothur Mandal,

Mahaboobnagar District, Telangana-509228

2. TELANGANA STATE POLLUTION CONTROL BOARD

Through its Chairman, A-3, Paryavaran Bhavan, Sanath Nagar Rd, Sanath Nagar, Industrial Estate, Sanath Nagar, Hyderabad, Telangana-500 018.

3. STATE OF TELANGANA

Through its Special Chief Secretary, EFS&T Dept,

Secretariat, Hyderabad.

4. THE DISTRICT COLLECTOR

Collector Office Ranga Reddy District, Lakdikapool- Khairatabad,

Hyderabad-500 004.

(R4 SUO MOTU impleaded as per order of the Tribunal dated 20.01.2020)

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5. M/S JEEVAKA INSUDTRIES PVT. LTD.

Rep. by its Authorized Representative Mr. Anil Agarwal, 11-6-27/17, 1^stFloor, Opp. IDPL Factory, Balanagar,

Hyderabad-500 037.

(R5 impleaded as per Order in

I.A. No.132/2021 (SZ) dt.29.10.2021)

…Respondent(s)

WITH

CAPT. L.K REDDY (RETD),

R/o-3-104, Kandivanam Village, Farooq Nagar Mandal,

Rangareddy District

Telangana - 509 410.

…Applicant(s)

Versus

1. M/S OM SHIV SHAKTHI IRON INDUSTRIES PVT. LTD.

Sy. No. 256 & 257, Mogiligidda Village, Shadnagar Mandal,

Mahaboobnagar District,

Telangana - 509 001.

2. TELANGANA STATE POLLUTION CONTROL BOARD

Through its Chairman, A-3, Paryavaran Bhavan, Sanath Nagar Rd, Sanath Nagar, Industrial Estate, Sanath Nagar, Hyderabad, Telangana - 500 018.

3. STATE OF TELANGANA

Through its Special Chief Secretary, EFS&T Dept,

Secretariat, Hyderabad.

4. THE DISTRICT COLLECTOR

Collector Office, Ranga Reddy District, Lakdikapool- Khairatabad,

Hyderabad - 500 004.

(R4 SUO MOTU impleaded as per order of the Tribunal dated 20.01.2020) …Respondent(s)

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O.A. No.04/2019:

For Applicant(s): Mr. Sanjay Upadhyay.

For Respondent(s): Mrs. M. Sumathi for R1. Mr. R. Thirunavukarasu for R2. Mrs. H. Yasmeen Ali for R3.

Mr. T. Saikrishnan for R4.

Mr. Sathish Parasuran, Senior Adv. Along with M/s. Ananth Merathia, Poornima Devi and Dhanisha Giri for R5.

O.A. No.04/2020:

For Applicant(s): Mr. Sai Sathya Jith.

For Respondent(s): Mr. Srinivasamoorthy for R1. Mr. T. Saikrishnan for R2.

Mr. H. Yasmeen Ali for R3, R4.

Mr. K.S. Viswanathan for R5.

O.A. No.05/2020:

For Applicant(s): Mr. Sai Sathya Jith.

For Respondent(s): Mr. Deepak Misra for R1. Mr. T. Saikrishnan for R2.

Mrs. H. Yasmeen Ali for R3, R4.

Judgment Reserved on: 29^th August 2022. Judgment Pronounced on: 28^th September 2022.

CORAM:

HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

Whether the Judgment is allowed to be published on the Internet - Yes. Whether the Judgment is to be published in the All India NGT Reporter - Yes.

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COMMON JUDGMENT

Delivered by Justice K. Ramakrishnan, Judicial Member O.A. No.04 of 2019 (SZ):

1. The Original Application [O.A. No.04 of 2019 (SZ)] was filed by the applicant who is the resident of Mahabubnagar District regarding the functioning of the 5^threspondent Sponge Iron Plant (M/s. Bilasraika Sponge Iron India Private Limited) alleging that it was functioning against the siting norms of the Central Pollution Control Board (hereinafter referred to as 'CPCB') and they were violating the Environmental Clearance (EC) condition as well as Consent to Operate issued by the Telangana State Pollution Control Board (hereinafter referred to as 'TSPCB') .

2. It is alleged in the application that this unit was established in a location in blatant violation of the Guidelines/Code of Practice of Pollution Prevention for Sponge Plants, 2007 (read with the Notification No. G.S.R. 414 (E) dated 30.05.2008) issued by the CPCB under the Environment (Protection) Act, 1986 and Rules made there under, evidenced by Annexure - A2.

3. Even on the earlier occasions, actions have been taken against them and closure orders had been issued on 30.06.2004 and it was temporarily revoked on 21.07.2004. A stop production order was issued on 09.05.2014 as per the directions of the Task Force Committee to 100 TPD Kiln and they were directed to confine their operation only to the other 66 TPD Kiln and renewed on 16.02.2016. On 25.03.2016, again a Stop Production order was issued. Further, on 17.04.2017, a show cause notice was issued and again, on 06.05.2017, a closure order was issued which was revoked on 12.07.2017. The applicant filed an appeal against the order of revocation as Appeal No.35 of 2017 on 17.11.2017 and it was disposed of by this Tribunal as infructuous by Order dated 01.08.2018, evidenced by Annexure - A3, as by that time, the period of revocation of the closure order was over.

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4. The Mandatory relief was granted on 23.07.2018 when the 2^ndrespondent viz., CPCB had issued directions under Section 5 of the Environment (Protection) Act, 1986 for closure of the sponge iron plant of the 5^th respondent. However, based on the recommendations of three member committee setup to look into the matter, the 2^ndrespondent/CPCB revoked the closure order on 11.10.2018 subject to the submissions of Performance Audit Report of Emission Control System and ETP within 60 days of start of operation of the plant. The copies of the closure order issued by the 2^ndrespondent/CPCB dated 23.07.2018 and the revocation of closure order dated 11.10.2018 were produced as Annexure - A4 (Series).

5. According to the Revised Classification of Industrial Sectors under Red, Orange, Green and White Categories of 07.03.2016 issued by the CPCB, sponge iron industries are classified as „Red" Category industry which is among the 17 most highly polluting industries generating all sorts of pollution. As per Para (11) of the Guidelines/Code of Practice of Pollution Prevention for Sponge Plants, 2007, provides the siting guidelines for sponge iron plants which states that a minimum distance of atleast 1000 m (1 Km) is to be maintained from residential habitation (residential localities/villages) and ecologically and/or otherwise sensitive areas. Para (11) (b) states that any such industry/operations which are located within 1 Km residential habitations are supposed to be shifted by the State Pollution Control Board in a phased manner, for which, a time bound action plan is to be prepared by such SPCBs. The 4^th respondent/Telangana State Pollution Control Board"s Task Force Committee meeting was held on 06.05.2017, and from the minutes of the meeting, it was revealed that the 5^threspondent unit is operating its sponge iron plant in close proximity i.e. 300 - 400 m from the Rangareddyguda Village area and the Minutes of the Task Force Meeting held on 06.05.2017 was produced as Annexure - A5. Though various complaints were received by the 4^threspondent/TSPCB regarding the emission of huge dust and smoke which caused settlement of black dust on the houses and water tanks nearby and smell which was emitted from the industries site owing to the storage of solid waste at the back side of the industry was recorded in the Minutes of the Task Force Committee

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meeting held on 06.05.2017, no action was taken by the authorities. But the SPCB is still allowing such industries to operate against the guidelines issued by the CPCB in this regard.

6. It is further alleged in the application that the Consent was granted on the basis of the false representation made by the 5^threspondent showing the distance as 1.5 Km from the human habitation. The suppression of material fact was taken as a ground for setting aside the EC granted for Aranmula Airport Project by this Tribunal in Appeal Nos.172 - 174 of 2013 (Sreeranganathan K.P. Vs. Union of India & Ors. and connected cases). There were about 20 sponge iron industries located in the State of Telangana, of which, 13 were established prior to the issue of the siting guidelines and remaining 7 units after the guidelines were issued and out of 20 units, 14 were currently in operation. The TSPCB requested the Government to examine the relocation of sponge iron units not meeting the distance criteria to a suitable location in compliance with the siting guidelines notified by the 1^strespondent. Though several letters have been addressed by the TSPCB in this regard, no action was taken by the State of Telangana for relocating the industries.

7. On the other hand, the State of Telangana issued a letter to the TSPCB dated 24.04.2018 authorizing the Board to take necessary action on the relocation of sponge iron units in the State and the TSPCB requested that the Industries Department and the Telangana State Industrial Infrastructure Corporation be vested with the responsibility of relocation of existing sponge iron units, on the ground that the Board is only a regulatory authority, lacking the adequate infrastructure facilities required for the same vide letter dated 16.05.2018. Though there were continuous representations between the regulatory authority and the State for implementation of the siting criteria and relocation of the sponge iron industries, no action was taken by the authorities.

8. According to the applicant, violations are still in progress and further industries located within 1 Km from the residential cluster which is against the siting norms issued by the Central Pollution Control Board.

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9. It is further alleged in the application that on account of the conduct of the sponge iron units, severe pollution is being caused and it affects the health of the people in the locality. Apart from the 5^threspondent, there are other such industries also situated in that area which are also violating the siting criteria and other environmental norms like violation of conditions and terms of the EC as well as Consent to Operate/Establish issued by the authorities, and thereby causing water and air pollution in that area.

10. The applicant also filed representation before the authorities, evidenced by Annexure - A1, but no action was taken by the authorities in this regard. That prompted the applicant to file this application seeking the following reliefs:-

"(i) Direct Respondent No.4, TSPCB to immediately take action to relocate the Respondent No.5 Bilasraika Sponge Iron Plant Pvt. Ltd. in accordance with the March 2007 Guidelines of CPCB;

(ii) Direct Respondent No.4, TSPCB to prepare a time-bound action plan for all such sponge iron units in the State of Telangana which are not conforming to the March 2007 Guidelines of CPCB;

(iii) Impose punitive, restorative and exemplary costs upon Respondents No.5/ Bilasraika Sponge Iron Plant Pvt. Ltd.;

(iv) Impose strict action against the Respondent Nos.1 to 4 for gross dereliction of their statutory duties;

(v) Pass any other order/(s) that this Hon"ble Tribunal may deem fit in the facts and circumstances of the case."

11. The 1^strespondent filed counter contending that they are primarily engaged in inter-alia policy formation for abatement, control and prevention of pollution, prescribing environmental standards which are implemented through the CPCB and SPCBs/PCCs and it is for the SPCBs and PCCs to enforce these standards and monitor the compliance by the industries. The SPCBs and the PCCs are empowered to take all such measures as are deemed necessary or expedient for the purpose of protection and improving the quality of environment as well as prevention, control and abatement of environmental pollution, including the issue involved in this present matter. So, they prayed for passing appropriate orders accepting their contention.

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12. Vide Order dated 25.03.2019, this Tribunal appointed a Joint Committee comprising of (i) a Senior Scientist/Environmental Engineer from CPCB and also (ii) a Scientist/Engineer from SPCB to make a joint inspection of the industries in that district, including 5^threspondent (M/s. Bilasraika Sponge Iron India Private Limited) and find out the genuineness of the allegations made in the application and if the allegations were found to be true and if there is any violation found, take appropriate action against the units in accordance with law and submit a factual as well as action taken report within a period of 2 months and with that observation, the application was disposed of with further direction of posting the case for consideration of the report on 29.05.2019.

13. The Joint Committee in this case filed the report dated 25.05.2019 through the CPCB and gave their factual aspects with respect to two industries, including the 5^threspondent unit which reads as follows:-

"5.0 Factual Aspects

5.1. With respect to M / s Bilasraiaka Sponge Iron India Pvt Ltd M/s Bilasreika Sponge Iron India Pvt Ltd was commissioned in 2004 by obtaining Consent for Establishment by Andhra Pradesh Pollution Control Board during 2003 where in the distance mentioned from the Gundlapotlapally village is about 1.2 KM by road. As per the Google Earth historical images, before the establishment of the unit there were residential habitation existing at Rangareddyguda village at an aerial distance of less than 500m. Currently, the nearest residence is at a distance of 350m. As per siting guidelines for Sponge Iron plants notified by MoEF, New Delhi dated May 30, 2008, "Residential habitation (residential localities / village) and ecologically and / or otherwise sensitive areas: A minimum distance of at least 1000 m (1 km) to be maintained". Presently, Miss Bilasraika Sponge Iron India Pvt. Ltd. is located just about 400 m from Rangareddyguda Village and about 900 m from Gundlapotlapally village. It is also indicated in the notification that "If any plant / cluster of plants are located within 1Km from any residential area village they may be shifted by State Pollution Control Board / State Govt in a phased manner for which a time bound action plan is to be prepared by SPCB's. In this connection Government of Telangana Telangana State Pollution Control Board has to initiate action.

The villagers from Rangareddyguda village complained about severe dust emissions from the M/s Bilasraika especially during night hours. New Management has taken over the industry and on the day of inspection both old and new management were present. The new management gave assurances to the villagers and PCB officials that they shall implement all corrective measures and operate the industry without affecting the villagers and will convert the unit into a model plant.

On the day of inspection the unit was operating at 66TPD against the consented production capacity of 166TPD. The source of emission monitoring, fugitive emission monitoring and ambient monitoring are complying with the standards. There was no significant dust emissions from the unit on the day of inspection. On the day of inspection, water was sprinkled on the roads, coal shed and near to conveyor belts.

The cooling water was seen overflowing from the settling tank. The conveyor belts are cladded on top and material were falling from the sides ESP and bag house dust are dumped on the ground against the consent condition of disposing the same in secured landfill within unit premises. M s Bilasraika unit did not furnish any records on water consumption, quantity of dolochar, accretion & process dust produced and mode of its disposal. The housekeeping and maintenance of unit is in poor condition. The unit has not developed any green belt around the industry.

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5.2 With respect to M/s Reactive Metals of India Pvt Ltd Minor violations were observed in M /s Reactive Metals and the unit is complying with the siting guidelines. .

The unit is yet to establish online connectivity with CPCB server for Particulate Matter emissions from Kiln.

The raw materials are stacked outside the shed and the height of stacking is more than 3.0m.

The conveyor belts are clad from all sides. Housekeeping was good. No dust emissions or dust deposition was observed.

The source emission monitoring, fugitive emission monitoring and ambient monitoring are complying with the standards."

14. In the report, they have given the details of the industries functioning in that area including the compliance and non-compliance of the conditions imposed and the pollution aspects in Para (3) and (4) of the report.

15. As per order dated 18.10.2019, this Tribunal directed the SPCB to submit an action taken report, as certain violations were noted by the Joint Committee and the SPCB has filed their action taken report dated 04.01.2020 against the 5^threspondent unit which reads as follows:-

"Action Taken Report of Telangana State Pollution Control Board submitted to the Hon'ble NGT in O.A. No.04 of 2019 (SZ) filed by Sri Anirudh Reddy

1. …. xxx …. xxx … xxx

3. The Board has constituted a committee comprising of Task Force Committee Member, Senior Environmental Scientist, Zonal Laboratory, Warangal and Assistant Environmental Engineer, Regional Office, Hyderabad to inspect the industry. 4. The above Committee members inspected the industry on 26.10.2019 and the following observations were made:

i. The industry has obtained CFO of the Board vide order dated 16.08.2017 for production of Sponge Iron (Two Kilns - 100 TPD + 66 TPD) 166 Tons / day which is valid upto 31.05.2022

ii. The industry was not in operation and power supply was disconnected.

iii. The industry has two no. of kiln of capacity 100 TPD (Kiln-I) & 66 TPD (Kiln-II).

iv. The industry has ESPS (2 Nos.) to the kilns as APCE and are attached to common chimney of 49 mtrs height. Industry representative informed that, industry has renovated ESPS by changing electrodes, collecting plates and body structure.

v. The industry has removed GCT attached to the Kiln-I (100 TPD) and the industry has completed the erection works of heat exchanger in place of GCT. However, the industry is not replacing GCT for Kiln-II (66 TPD).

vi. The industry has provided closed room with MS sheets to the bottom of the heat exchanger and ESP.

vii. The ESP dust bunker chute provided with closed pipe and routed into closed collection pit for collection of ESP dust.

viii. The industry has removed old sludge collection pit near GCT pumps. Now, the industry has provided wet scrapper with sludge collection pits individually at ABC-I & II and GCT-II to collect dust in wet form.

ix. The industry has provided bag filters at i) Coal Crusher ii) Cooler discharge iii) Intermediate bin iv) Stack house v) Injection coal conveyor vi) Product house top and vii) Iron ore circuit.

x. The Industry has also installed separate bag filter to both the kilns outlet points and provided with closed chamber to the bag filter for collecting and storage of dust.

xi. The industry has constructed closed rooms to the all bag filters to collect the dust and storage at product house, intermediate bin, cooler discharge, stock house, injection coal conveyer, iron ore circuit.

xii. The industry has provided RCC Walls two sides to the Kilns transfer chute and Cooler inlet to avoid the cooling water spillages.

xiii. The industry has renovated the claddings of the coal crusher with new sheets and the coal crusher bottom closed with closed room.

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xiv. The industry renovated coal storage shed with RCC wall and closed all sides of the shed. The industry has newly constructed closed shed for storage of Iron ore Pellets and Ground Hopper.

xv. The industry has provided closed shed for Product House bunker to unload product directly into the trucks within closed premises.

xvi. The industry has provided closed shed to the iron ore pellets transfer points with attached bag filter.

xvii. The industry has replaced all conveyor belts cladding of transfer points with MS Sheets.

xviii. The industry has provided fixed water sprinklers near the process area, coal storage shed, along the internal roads, coal & iron ore ground hopper, kiln area, product house and within coal storage shed. The industry has installed additional new water sprinklers at, top of conveyor belts, transfer points and road leading to product house to Weigh Bridge.

xix. The industry has provided mechanical flow meter at raw water collection sump.

xx. The industry has renovated the existing roads and also laid new roads between Iron ore shed to coal crusher and intermediate bin to cooler discharge.

xxi. The Industry has developed green belt along the west and south side compound walls. The industry has planted additional saplings in vacant places available within the premises i.e. near coal shed, internal roads, kiln area, stock house and product house.

xxii. The industry has provided lorry parking area with concrete platform within the premises.

xxiii. Compound wall towards Gundlapotlapally village is only 10fts. The industry shall increase the compound wall towards Gundlapotlapaliy village to avoid the inconvenience to the road passers.

xxiv. The industry shall provide separate water meter to the water sprinklers and energy meter and shall maintain records for water consumed for sprinklers.

xxv. The industry shall maintain records pertaining to the kiln accretions generated and disposal.

xxvi. The industry has installed IP camera to the ABC cap and installed continuous online stack monitoring system to the stack attached to the kilns and connected to the TSPCB Website.

xxvii. The industry has installed PLC system for recording the opening and closing time of emergency cap to the ABC.

xxviii. The nearest village is Rangareddyguda is located at a distance of about 400 m. The nearest residence is at a distance of 350 m from the industry.

5. The Board has reviewed the Committee report on the status of industry in the Task Force Committee meeting held on 07.11.2019.

The Task Force committee noted that the inspection committee observed that the industry as completed the renovation works of the plant, air pollution control equipment and other mechanical works. The industry has renovated the ESPS, replaced GCT attached to Kiln-I with Heat Exchanger, taken measures to control fugitive emissions, renovated the existing roads and also laid new roads to control fugitive emissions due to vehicular movement. The inspection committee observed that the industry needs to provide separate water meters for water sprinklers so as to assess the water consumed for sprinkling. The Task Force committee also noted that the non compliances observed & recommendations of the Joint Committee inspected during 25.04.2019 & 26.04.2019 were complied by the industry.

The Task Force Committee also noted that the Board earlier addressed letters to the Government to examine the re-location of the existing sponge iron units located within one KM from the any residential area / village to a suitable location in compliance with the siting guidelines notified by the MOEF & CC including the above unit. As per the orders of the Hon'ble NGT dated 18.10.2019, the committee opined that a letter may be addressed to the Government to expedite the re-location of the existing sponge iron units located within 01 km from the residential areas.

The committee opined that the industry has complied with the directions issued by the Board and may be permitted to operate the unit to evaluate the performance of the Air Pollution Control Equipments. The committee after detailed discussions recommended to issue temporary revocation of closure orders for a period of two months with certain conditions.

6. As per the recommendations of the committee, the Board vide order dated 14.11.2019 issued temporary revocation of closure orders for a period of two orders with the following conditions:

i. The industry shall comply with all conditions stipulated in the CFO order issued by the Board.

ii. The industry shall operate Air pollution control equipments regularly to meet prescribed emission standards of the Board. The industry shall maintain records of the same and also ensure that no air pollution is being caused in the surrounding area.

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iii. The industry shall ensure that the interlocking system built between clinic operations and APCE intact continuously.

iv. The Industry shall operate water sprinklers regularly provided at all the dust generation sources / raw material storage areas / solid waste storage areas etc.

v. The industry shall engage water tanker for wetting of internal loads and lorry parking area immediately so as to control fugitive emissions generated during vehicular movement.

vi. The industry shall regularly replace the damaged cladding on the transfer points, conveyor belts, storage areas etc.

vii. The industry shall provide / maintain wet scrappers with sludge collection tanks at ESP-I & II to collect dust in sludge form to avoid the fugitive dust emissions.

viii. The industry shall provide separate water meter and energy meter to water sprinkling system and shall maintain records for the same.

ix. The industry shall operate / maintain a) IP camera installed to the ABC cap, b) Continuous online stack monitoring system attached to Kilin stacks and ensure that the data transmission from online emission and effluent monitoring systems to CPCB and SPCB shall be continuously.

x. The industry shall store the raw materials such as Iron ore, coal etc. and solid waste in closed sheds.

xi. The industry shall use only standard grade coal in the Kilns so as to avoid air / dust pollution.

xii. The industry shall maintain the records of water consumption & wastewater generation, solid waste generated, stored and disposed.

xiii. The industry shall maintain PLC system and maintain record for opening and closing time of emergency cap to the ABC.

xiv. The industry shall maintain the records of replacement of bag filters.

xv. The industry shall provide wind breaking walls with height of 25 feet along the compound wall towards approach road and village within 2 months.

xvi. The industry shall install 4 Nos of IP cameras with TILT Zoom facility at 4 corners of the premises and connect to TSPCB website within one month time.

xvii. The industry shall develop 33 % of green belt within the premises with tall growing tree plantations and shall maintain good housekeeping in the premises.

xviii. The unit shall revalidate the BG of Rs. 10 lakhs for another one year and shall extend the same till further orders of the Board.

7. With regard to shifting of the Sponge Iron units, the Board vide letter dated 26.10.2019 addressed a letter to Principal Secretary to Government, Industries & Commerce Department, Government of Telangana, Hyderabad to take necessary action as per the directions of the Hon'ble NGT at Para no.7 of the order for relocating the industry and submit a report in the matter to the Hon'ble Tribunal within a period of 2 months."

16. The SPCB also filed another report dated 06.03.2020 as per the order of the Tribunal dated 03.03.2020 and the relevant portion of which reads as follows:-

"I. Assessment of Environmental Compensation :

The Board vide office order dated 03.01.2020 directed that the assessment and finalization of Environmental Compensation shall be carried out based on the report submitted by the Regional Officer at RO / ZO / HO after discussing in the External Advisory Committee / Task Force committee meeting as per the delegation of powers based on CPCB guidelines issued on modalities/methodology of assessing, imposing and utilization of environmental compensation from the polluting units. The report for assessment and finalization of EC was placed before the TF committee meeting held on 19.02.2020. The committee after detailed discussion and careful consideration of the material facts of the case and based on CPCB guidelines and as per Board Office order dt : 03.01.2020 issued on modalities / methodology of assessing, imposing and utilization of environmental compensation from the polluting units in The State of Telangana, has arrived at the following and recommended to impose environmental compensation to the industry for the last 5 years during which period the industry was non-compliant.

Total nos. of days of violation (N) as 1405 days (1608 days - 203 days), Pollution Index of industrial sector (PI) as 80, Scale of Operation (S) as 1.5, Location Factor (LF) as 1 and Factor of Rupees ( R) as Rs. 250/-. The details of assessment of compensation is enclosed at Annexure - I

The Environmental Compensation assessed is as follows :

EC = 80 X 1405 X 250 X 1.5 X 1 = Rs. 4,21,50,000/-

II. Status of functioning of the unit:

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The Board Officials inspected the industry on 02.01.2020 and 22.01.2020. During the Inspection,

i. The black dust deposition was observed in the temple premises, on the tree leaves and walls within their house premises, on their terrace and also observed black dust depositions on the trees outside the industrial premises of Rangareddyguda village.

ii. Observed, Black dust depositions on the ground near coal storage shed, coal crusher area, product house, stock house, on the internal roads, near ESP area and on the trees within the premises.

iii. Continuous fugitive emissions were emitting from Product house and Intermediate Bin while conveyor belts discharging material into the houses. And also, emissions emitting were observed at Cooler Discharge. and Kiln Inlet & Outlet.

iv. The industry has not provided wet scrapper with sludge collection tanks at ESP I & II to collect dust in sludge form to avoid the fugitive dust emissions. Fugitive dust observed from the gaps of the ESP dust collection chambers while discharging the dust through screw conveyor into the dust chamber.

v. The industry has not provided wind breaking wall with height of 25 ft. along with compound wall towards approach road and village to avoid the inconvenience to the road passers.

vi. During the power interruption and tripping of ESP due to power fluctuation, the dust also spreading and depositing to the surrounding area.

vii. The Board officials monitored the industry on 02.01.2020 & 03.01.2020. The analysis of SPM value of AAQM at 40-50 mtrs from Rotary Kiln near boundary wall facing Rangareddy Guda (Downwind) is 140.2 ug / m3 (against Board standard of 100 ug / m3) and AAQM on the terrace of residence of Sri S Laxmi Narayana Goud, Rangareddy Guda village is 121.9 ug / m3 (against Board standard of 100 ug / m3).

viii. The Board officials also monitored the industry on 22.01.2020. The analysis of SPM value of the stack is 288 mg / Nm3 & AAQM at periphery of the industry near boundary wall facing to Rangareddy Guda (Downwind) is 363 ug / m3 (against Board standard of 100 ug / m3), AAQM near Kiln at distance of 10 mtrs Fugitive is 4627 ug / m3 (against Board standard of 2000 ug / m3) and AAQM on the top of the residence. Sri S Laxmi Narayana Goud, H No. 1-40, Rangareddy Guda village is 114 ug / m3. (against Board standard of 100 ug / m3).

The issue was placed before the task force committee meeting held on 07.02.2020. After detailed discussions, the committee recommended to issue directions to stop all the production activities immediately till further orders from the Board for non- compliance observed.

III. With regard to shifting of the Sponge Iron units, the Board vide letter dated 26.10.2019 addressed a letter to Principal Secretary to Government, Industries & Commerce Department, Government of Telangana, Hyderabad to take necessary action as per the directions of the Hon'ble NGT no.7 of the order for relocating the industry and submit a report in the matter to the Hon'ble Tribunal."

17. The State of Telangana has filed the report regarding the action plan for relocation of sponge iron industries evolved by the Government dated Nil, received on 12.09.2020 which reads as follows:-

"DETAILED ACTION PLAN FOR RELOCATION OF SPONGE IRON

INDUSTRIES

The Telangana government is committed towards systematic and scientific approach to ensure the relocation, mapping and developing sustainable homogenous industrial parks outside outer ring road. The relocation of sponge iron industries and other sectors requires a comprehensive assessment of existing siting, pollution problems and its impacts on the surrounding environment, developing environment friendly and climate resilient industrial parks. The following key features are taken into consideration while planning and relocation of sponge iron industries;

A. Existing Siting of Industries

B. Relocation of all Sponge Industries to Single Industrial Area outside ORR The details are as follows

A. Guidelines for Siting of Industries

Comprehensive Industry Document on Sponge Iron Industry developed by CPCB defines the siting of industries The following aspects shall be considered :

1) Residential habitation ( residential localities / village) and ecologically and / or otherwise sensitive areas A minimum distance of at least 1000 m ( 1.0 km) to be maintained.

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2) If any plant / clusters n plants are located within 1 km from any residential area / village they may be shifted by State Pollution Control Board / State Govt. in a phased manner for which a tune bound action plan is to be prepared by SPCBs.

c) The location of Sponge Iron Plant should be at least 500 m away from National Highway and State Highway.

d) Radial distance between two Sponge Iron Plants shall be 5 km for plants having capacity 1000 TPD or more.

e) Sponge Iron Plants can be established in designated industrial areas / Estates as notified by State Govt.

The Telangana State Pollution Control Board has informed that there are 20 sponge iron units, out of which 9 units are located within 1 Km from the residential area and so do not comply with the siting guide lines. They further informed that the extant of land occupied by these 9 units at present is 780 acres. Based on this it assessed that the total land required for shifting these units is about 1200 Acres (780/0.65) arrived at by factoring the area required for roads, open space and common amenities. This land will have to be developed with all the required environmental infrastructure besides basic infrastructure. The approximate amount required for land acquisition and cost of developmental works is Rs. 500 Crores.

B. Relocation of all Sponge Industries to Single Industrial Area outside ORR TSPCB has also informed that there are 20 sponge iron units, out of which 11 units are complying with distance criteria notified by MoEF&CC and the remaining 9 units are not complying due to Urban Agglomeration and Urbanization. The residential habitation is within radius of these 9 units. TSIIC was requested for relocation of existing Sponge Iron units located within 1 Km from any residential area/village to a suitable location in compliance with MoEF&CC guidelines.

The following is detailed action plan is proposed for relocation of these Sponge Iron Industries

Action Plan Proposed

This involves a systematic scientific approach involving all stakeholders for relocating all polluting industries outside Outer Ring Road of Hyderabad and ensuring the new locations to be environmental friendly and climate resilient industrial areas. Framework for relocating of polluting industries

The Government of Telangana is keen to take corrective measures to keep the city of Hyderabad healthy and protect its citizens from pollution, as well provide an alternative to the industries. The Government of Telangana plans to make Hyderabad "Zero Industrial Pollution" city, and as a part of this initiative, apart from other initiates, the Government of Telangana is planning to shift industries from Hyderabad to beyond Outer Ring Road (ORR) and create supportive green industrial parks with state-of-art infrastructure and conducive environment for industries to flourish

For relocating polluting industries, framework conditions should be in place. This includes policy and legal framework, compensation/rehabilitation of industry and employees, strategy and action plan with timeframe, financial aspects, availability land for relocation, land sue recycling of available land from relocation, infrastructure (transportation, housing etc.) at new sites etc. Also, the land use changes for the existing sites. This may be broadly categorized into

• Existing location

• Land use conversion

• Conversion charges

• Master planning and group development

• New industrial location

• Site suitability

• Site Master Planning

• Land acquisition Infrastructure development

• External infrastructure by line departments Environment clearance

• Funding

• Motivation for industrialists actually relocating

• Incentives

• Statutory Clearances for relocated units

• Other exemptions

• Applicability to sick and closing industries

• Reviving or reselling of sick industries

• Norms for closing of polluting or sick industries

1. Site Suitability Analysis as per MoEFF& CC / CPCB guidelines-On going (2months)

A site selection study has been undertaken to select optimal location of industrial estate which meets economic development objectives while also considering risks to the environment and society. Site has to be identified and site suitability assessment has to be

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done so that there are no negative social, economic and environmental impacts from the relocation of polluting industries to these sites. Site suitability covers the relevance to urban/local/ regional master plan. Following activities are undergoing:

• Development of customized site suitability assessment methodologies.

• Site suitability assessment for a selected site.

• Mapping of industries to respective site for a homogenous industrial area Relocation of Industries to the assessed site.

1.1 Siting Guidelines (under process) These are the guidelines, stakeholders may consider while siting the developmental projects, to minimize the associated possible environmental impacts. In some situations, adhering to these guidelines is difficult and unwarranted. Therefore, these guidelines may be kept in the background, as far as possible, while taking the decisions. 1.1.1 Areas preferably be avoided

While siting industries, care should be taken to minimize the adverse impacts of the industries on immediate neighborhood as well as distant places. Some of the natural life sustaining systems and some specific landuse are sensitive to industrial impacts because of the nature and extent of fragility. With a view to protect such sites, the industries may maintain the following distances, as far as possible, from the specific areas listed:

•Ecologically and/or otherwise sensitive areas: Preferably 5 km; depending on the geoclimatic conditions the requisite distance may be decided appropriately by the agency.

•Coastal areas: Preferably 1/2 km away from high tide line (HTL). Flood plain of the riverine system: Preferably 1/2 km away from flood plain or modified flood plain affected by dam in the upstream or flood control systems. Transport/Communication System: Preferably 1/2 km away from highway and railway line. Major settlements (3,00,000 population): Distance from major settlements is difficult to maintain because of urban sprawl. At the time of siting of the industry, if the notified limit of any major settlement is found to be within 50 km from the project boundary, the spatial direction of growth of the settlement for at least a decade must be assessed. Subsequently, the industry may be sited at least 25 km from the projected growth boundary of the settlement.

• Critically polluted areas are identified by MoEF from time-to-time. 1.1.2 General sitting factors

In any particular selected site, the following factors must also be recognized.

• No forest land shall be converted into non-forest activity for the sustenance of the industry (Ref: Forest Conversation Act, 1980).

• No prime agricultural land shall be converted into industrial site.

• Land acquired shall be sufficiently large to provide space for appropriate green cover including breen belt, around the battery limit of the industry. Layout of the industry that may come up in the area must conform to the landscape of the area, without affecting the scenic features of that place. Associated township of the industry may be created at a space having physiographic barrier between the industry and the township.

• Identification of areas to be avoided for siting of industrial estates. A list of 13 bio-diversity areas to be avoided

• Certain away from Sensitive and incompatible land use. A list of 15 such areas like religious places, scenic places, archeological places are included.

• Identification of candidate sites based on socio-economic factors from the areas other than those areas to be avoided

• Land availability - extent of land to suit to the industrialization demand, preferably wastelands

•Land ownership - government or private land lease in acquisition.

•Electricity- nearness or distance of various pre- final sites from nearest existing substation / power plant.

•Nearness to the major settlement - distance of nearest major settlement from allthepre-final candidate sites.

•Water availability- distance from source of water supply for domestic and industrial purposes

•Distance from existing industrial areas „

•Distance from sensitive zone

•Drainage- distance of major rivers or drains from the pre final sites

•Nearness to transportation network for economic handling of both raw materials and finished goods

•Environmental sensitivity of the area to suit to the needed industrial development.

•Transportation facility: distance from existing railway line and highway.

2. Land Acquisition (6 Months):

Land acquisition is the major component of shifting of industries. This involves identification of land, whether the land is patta land or government land. If it is patta, then land acquisition process needs to be adopted in consultation with local people and revenue department. Further, the state government has to ensure the environmental implications of the land and its surrounding areas. The government will follow the process of declaring the

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land to be acquired, notify the interested persons, and acquire the land after paying due compensation as per central and state laws.

3. Site Master Planning (about 3 months) Site Master Planning of new industrial estates Site master plans are prepared for industrial estates for earmarking various land uses and infrastructure. Site master plans forms a basis for the development of the industrial estate. Site master plan and different thematic layers to be prepared in appropriate scales:

•Needs assessment for site master planning.

•Site surveys: Detailed drone surveys / DGPS surveys to be conducted for all the sites and based on the suitability assessment, the old polluting industries will be mapped in a homogenous industrial area in more environmentally friendly industrial park.

•Stakeholder consultations at various stages for arriving at acceptable and effective solutions.

• Site master plan.

• Land use plan.

• Transportation plan (e.g., roads, parking, service station, petrol pump, mobility plan, pedestrian pathways, bicycle tracks/ stations etc.).

•Storm water and wastewater management plan.

• Landscaping/green/buffer/ open space plan.

• Social infrastructure plan.

• Environmental infrastructure plan.

•Soil protection concept with post-closure plan, Biotope networking concept, Concept of functional mix of uses, Integrated Energy concept

• Zoning and grouping of industries

•Urban integration - road connectivity, buffer zones, land use compatibility etc.

• Other provisions as per the green criteria detailed in the present document - Regulatory Compliance Quality, Management & Process Quality, Economic Quality, Environmental Quality, Social Quality, Infrastructure & Service Quality

•Development of design concepts for infrastructure and services.

•Development of business models for site development, infrastructure & services and industrial park management.

•Action plan for site development and relocating industries from Hyderabad.

4. Obtaining Environmental Clearance ( 8 months) Simultaneously, apply for environmental clearance of the proposed industrial park, which require clearance from MoEF& CC., this will be followed by approval from SPCB on Consent for Establishment and Operation. Based on the overall pollution potential / production, the new industrial area will be classified as Category A or Category B, which requires clearance from EAC or SEAC, respectively. The duration of the EC process depends on the same. The steps involved in EIA includes

• Step 1: Submission of the application form to either the Ministry of Environment and Forest and Climate Change (MoEF& CC) or SEIAA according to the category.

•Step 2: Expert Appraisal committee uses the application form to decide the invention, which is required for the project, which is known as Terms of Reference.

•Step 3: Preparation of Environmental Impact Assessment Report according to TOR by NABET accredited EIA Consultants,

•Step 4: Submission of draft EIA to the MoEF& CC or SEIAA.

• Step 5: A Public hearing is conducted by the SPCB. The committee hears the objections from the public and the concerns are recorded and submitted to the MoEF&CC or SEIAA.

•Step 6: A final EIA is submitted to the MoEF& CC or SEIAA along with all the minutes of the public hearing for final appraisal and issuance of the certificate. MoEF& CC has the authority to check the final EIA to TOR and refers the adherence to the expert appraisal committee.

•Step 7: The appraisal committee complete the appraisal of documents and recommends either for clearance or rejections to the MoEF& CC or SEIAA and the MoEF& CC or SEIAA gives the clearance or rejection letter to the project proponent.

5. Detailed Project Report (2 months) Based on the site master plans and environmental clearances, preparation of detailed project report (DPR), preparation of tender documents, calling for bids, award of contract and finally of course the execution. Detailed project report for all infrastructure components and environmental services will be done. Then the tenders will be called for construction.

6. Infrastructure Development (12months) This involves contracting process, construction and quality checks. Basic infrastructure such as roads, electricity, utilities like water, cables, etc., will be build based on tendering. The construction will take about 10-12 months, which includes tendering, hiring of contractor and construction.

7. Allotment of plot

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Simultaneously with the construction of the basic infrastructure, the land allotments will be done along with all the required clearances through single window clearances.

Once, the MoEF&CC finalizes the uniform categorization norms applicable to all the states, GOTS will integrate the SOP in line with TS-IPASS and relocation of industries. The timelines for taking up and completing the above said activities will be, approximately 33 months.

18. In the mean time, two other applications were filed as Original Application Nos.04/2020 and 05/2020 (SZ) by certain applicants alleging violation of siting criteria and pollution being caused on account of the operation of M/s. Anand Metallics & Power Private Limited and M/s. Om Shiv Shakthi Iron Industries Private Limited respectively who were shown as 1^strespondent in both the cases and these industries were also situated in Kodicherla Village, Kothur Mandal, Mahabubnagar District and Mogiligidda Village, Shadnagar Mandal, Mahabubnagar District respectively. There also they have raised similar contention of violation of siting criteria issued by the CPCB vide Circular No.10/PCB/CFE/Ros&Zos/05-1685 dated 06.10.2005 and also alleging serious pollution that is being caused on account of these units.

O.A. No.04 of 2020 (SZ):

19. The first applicant in O.A. No.04 of 2020 (SZ) claimed that he was having agricultural land at Joshiguda Penjerla Village, Kothur Mandal, Mahabubnagar District and engaged in cultivation of Amla fruit, mango garden and eucalyptus plantation and carrying on such activity for the last 20 years.

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20. It is alleged in the application that the Consent to Establish for the unit was granted against the siting criteria issued. As regards the 1^st respondent unit is concerned, the SPCB issued closure order both under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 for repeated non- compliance of the regulations conditions vide Order No.MHB- 13/TSPCB/U-I/TF/2017-4272 dated 21.03.2018, evidenced by Annexure - A5 produced along with the application and also addressed the Government to take steps to relocate the sponge iron industries and requested the State of Telangana to direct the Industries Department and Telangana State Industrial Infrastructure Corporation to take steps for relocation of the sponge iron units located within 1 Km from the residential area/village to the suitable location, evidenced by Annexure - A6 produced along with the application.

21. It was further alleged in the application that on the basis of the request made for revocation of closure order issued by the SPCB dated 21.03.2018 in respect of M/s. Anand Mettalics & Power Private Limited, they directed the said unit to appear before the Board"s Task Force Committee on 20.06.2018, but the said unit had sought for extension of time and thereafter, the same has been postponed, evidenced by Annexure - A7. The applicant filed series of claims against the reopening of M/s. Anand Mettalics & Power Private Limited vide their representation dated 23.06.2018, evidenced by Annexure - A8 produced and in spite of objections filed, the SPCB had passed temporary revocation order of the 1^strespondent unit vide their Proceedings No.MHB-13/TSPCB/U- I/TF/2017 dated 02.07.2018, evidenced by Annexure - A1.

22. They also relied on certain newspaper reports regarding the nature of pollution that is being caused on account of the operation of the sponge iron units in the district. They also alleged that air pollution is being caused on account of the dust and smoke emitting from the industries. They were not properly maintaining the documents with regard to the disposal of fly ash generated issued by the MoEF&CC in this regard. They also mentioned about the action taken by the SPCB in respect of

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M/s. Bilasraika Sponge Iron India Private Limited who is the 5^th respondent in O.A. No.04 of 2019 (SZ).

O.A. No.05 of 2020 (SZ):

23. The applicant in O.A. No.05 of 2020 (SZ) had reiterated almost similar allegations made in O.A. No.04 of 2020 (SZ), but in respect of M/s. Om Shiv Shakthi Iron Industries Private Limited/1^strespondent herein and also in respect of closure order issued.

24. It was further alleged in the application that there were primary schools situated in the village and on account of the air pollution caused, serious health hazards are being caused. The applicant herein also made representation by way of letter petition dated 20.09.2019 to the Chairman, Principal Bench, National Green Tribunal, New Delhi seeking closure of the factory which is causing pollution, evidenced by Annexure - A3. After receiving the complaint from the applicant, an inspection was conducted by the Board officials of the 2^ndrespondent on the premises of M/s. Om Shiv Shakthi Iron Industries Private Limited on 21.12.2015 and issued directions to carry out certain pollution control mechanism vide their Proceedings No.MHB-469/TSPCB/U-I/TF/2014-115 dated 09.04.2015 directing them to carry out the directions issued vide Board"s Order dated 22.06.2012 and 04.07.2013, evidenced by Annexure - A4. Further, they also issued order dated 17.03.2015 directing the 1^st respondent unit to appear before the Board"s Task Force Committee on 18.03.2015, evidenced by Annexure - A5.

25. The applicant also reiterated the request made by the SPCB regarding the shifting of sponge iron units situated within 1 Km from the residential area/village to the Telangana State Government as has been mentioned in O.A. No.04 of 2020 (SZ). It was further alleged in the application that several letters have been addressed to the authorities, including the Ministers seeking their interference of shifting the industries, but no action was taken in this regard.

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26. So, the applicants in O.A. No.04 of 2020 (SZ) and O.A. No.05 of 2020 (SZ) have filed these applications seeking more or less similar reliefs as follows:-

"(i) Direct the Respondent No.4 to immediately cease all production activities and allied operations of the sponge iron plant in the above mentioned district.

(ii) Impose punitive, restorative and exemplary costs upon Respondents No.4

(iii) Impose strict action against the Respondent Nos.1 to 3 for gross dereliction of their statutory duties;

(iv) Direct the Respondent No.3 to notify the guidelines to shift such industries in a time bound manner to comply with the siting guidelines of Sponge Iron Factories notified by the MoEF&CC.

(v) Pass any other order/(s) that this Hon"ble Tribunal may deem fit in the facts and circumstances of the case."

27. In both these cases, the District Collector - Rangareddy District was Suo Motu impleaded by order dated 20.01.2020, as later the Mahabubnagar was bifurcated and Rangareddy District was formed within whose jurisdiction these industries are situated.

28. In both these cases, this Tribunal appointed a Joint Committee comprising of the District Collector - Rangareddy District and the TSPCB to inspect the units in question and submit a factual as well as action taken report.

29. In O.A. No.04 of 2020 (SZ), another industry who is not a party to the proceedings viz., M/s. Jeevaka Industries Private Limited got themselves impleaded as additional 5^threspondent vide Order in I.A. No.131 of 2021 (SZ) in O.A. No.04 of 2020 (SZ) dated 29.10.2021, as certain actions have been initiated against them by the TSPCB based on the directions issued by this Tribunal.

30. The Joint Committee has filed the report in O.A. No.04 of 2020 (SZ) dated 18.02.2020, received on 26.02.2020 giving the details of violation of the 1^st respondent unit and they have made the following factual aspects and recommendations which reads as follows:-

"III. FACTUAL ASPECTS :

•The industry is a coal fired sponge iron unit and producing Sponge Iron 100 TPD by one rotary kiln. The industry has obtained CFE of the Board vide order dated 02.01.2004 and also obtained first CFO of the Board on 20.11.2005. Since establishment, the unit has not expanded their production capacity.

The nearest Human habitation is KhajigudaThanda which is adjacent to the industrial compound wall in North-East and Eastern direction. The Kodicherla village is

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located at a distance of 0.85 km from the industrial boundary wall and 1.11 km from the process area.

As per siting guidelines for Sponge Iron plants notified by MoEF, New Delhi dated May 30, 2008. "Residential habitation (residential localities village) and ecologically and / or otherwise sensitive areas: A minimum distance of at least 1000 m (1 km) to be maintained". Presently, M/s. Anand Metallics & Power Private Ltd. is located adjacent to Khajigada Thanda and the Kodicherla village is located at a distance of 0.85 km from the industrial boundary wall and 1.11 km from the process area. It is also indicated in the notification that If any plant cluster of plants are located within 1Km from any residential area : village they may be shifted by State Pollution Control Board / State Govt in a phased manner for which a time bound action plan is to be prepared by SPCB's. In this connection the Telangana State Pollution Control Board has addressed letter to the Government of Telangana to initiate action.

The Committee observed that, Dust deposition towards Wes : direction i.e. Petitioner's: Farm land upto maximum 270 m, from the industrial boundary. Due to deposition of black dust on Eucalyptus, the photosynthesis activity shall be hindered and growth is affected.

Due to deposition of black dust on Mango, the photosynthesis activity and pollination will be affected leading to reduction in the yield. The Mango crop may be prone to fungal diseases. The committee interacted with the petitioner and other public, they informed that the industry is causing air pollution in the surrounding area, the dust is falling or Farm land and other fields located around the industry and also affected the health conditions of the villagers residing around the industry. There is possibility of deposition of black dust based on wind direction on the surrounding crops which leads to reduction in quality and quantity of produce. On the day of inspection, the unit was in operation and they are operating Air pollution control equipment and water was sprinkled on the roads at coal shed and near to conveyor belts. There was no significant dust from the industry on the day of inspection. The industry has provided Bag filters with closed rooms covering by MS Sheets to store bag houses at different process areas and also provided separate energy meter to the Bag filters.

The industry has provided wet scrapper with sludge collection pits near ABC chamber, GCT and ESP to collect dust in wet form to avoid dust emissions. The industry has provided online connectivity to the stack monitoring and also IP camera to the TSPCB server.

The industry has provided water sprinklers at different sections to suppress fugitive dust emissions and the house keeping is satisfactory. As per the analysis results, the Ambient Air Quality (PM10), fugitive emission and stack values are within the limits. A copy of the analysis results is enclosed. As per the water analysis reports are within permissible limits are drinking water standards. A copy of the analysis results is enclosed.

IV. Recommendations:

The industry shall provide water sprinklers inside storage sheds of Raw material, Solid waste and Product to suppress dust emissions during loading and unloading activities, which are located towards petitioner's Farm Land and also develop greenbelt towards petitioner's farm Land side.

The industry shall install separate flow meter for water sprinklers line to assess the actual water consumed for the sprinkling for dust suppression. The industry shall avoid tripping of ESP due to power fluctuations and also restore alternate power with generator to operate Air Pollution Control Equipment during power failure to avoid dust spreading and deposition to the surrounding areas. The industry shall maintain housekeeping properly i.e. Regular cleaning of the ground & internal roads to avoid dust nuisance to surrounding area. The industry shall regularly operate water sprinklers and air pollution control equipment continuously to avoid emission nuisance to surrounding area. If any damage or openings of MS Sheets, the industry shall immediately replace to avoid emission nuisance to the surroundings.

The loss sustained by the deposition of black dust on crops, both in quality and quantity shall be suitably compensated. "

31. Further, the Joint Committee has given the nature of violation, compliance and non-compliance of the conditions in Para II of the report.

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32. The Joint Committee appointed in O.A. No.05 of 2020 (SZ) also filed their report dated 18.02.2020 in respect of the 1^strespondent unit herein and after inspection, considering the documents, violation, compliance and non-compliance regarding factual aspects and recommendations in respect of the 1^strespondent unit which reads as follows:-

"III. FACTUAL ASPECTS :

The industry is a coal based sponge iron unit and producing Sponge Iron 100 TPD by one rotary kiln. The industry has obtained CFE of the Board vide order dated 18.06.2004 and also obtained first CFO of the Board on 21.06.2005. Since establishment, the unit has not expanded their production capacity. The nearest Human habitation is Kandivanam village, which is located in Southern direction at a distance of about 500 m from the boundary and 795.02 m from the process area of the industry. As per siting guidelines for Sponge Iron plants notified by MoEF, New Delhi dated May 30, 2008, "Residential habitation (residential localities / village) and ecologically and/or otherwise sensitive areas: A minimum distance of at least 1000 m (1 km) to be maintained". Presently, M/s. Om shiv Shakti Metal Industries Ltd. is located at a distance of 500 m from Kandivanam village from boundary of the industry in Southern direction and 795.02 m away from the process area of the industry. It is also indicated in the notification that " If any plant/ cluster of plants are located within 1Km from any residential area/ village they may be shifted by State Pollution Control Board/ State Govt in a phased manner for which a time bound action plan is to be prepared by SPCB's. In this connection the Telangana State Pollution Control Board has addressed letter to the Government of Telangana to initiate action.

The Committee visited Cotton field, which is located at a distance of 237 m from the industry in North-West direction. Dust deposition was observed on the Cotton and surrounding fields. The Committee also observed black dust deposition on the Trees, Barren lands in the Western direction.

Due to black dust deposition there is possibility of hindrance in photosynthesis process, leading to reduction in yield. Due to black dust deposition the quality of produce particularly cotton will be effected and farmers may not fetch standard prices in the market. The Committee visited the Primary High School, the public informed that, pollution will cause to the School and Village based on wind direction.

On the day of inspection, the unit was in operation and they are operating Air pollution control equipment and water was sprinkled on the roads at coal shed and near to conveyor belts.

The Committee observed, dust deposition on the roads , Trees , Cladding of MS Sheets at Conveyor Belts and process sections during inspection. The Housekeeping of the industry is not satisfactory. The industry is handling Bag houses openly from the bag filters instead of providing closed rooms, thereby dust spillages in the surrounding area. The cladding sheets provided to the coal crusher, Screen house, Stock house, Intermediate Bin, Kiln Outlet, CD House and Conveyor belts of the Transfer points are in damaged condition and observed gaps between the cladding sheets. The dust deposition was observed on the ground near the coal crusher, Screen house, Stock house, Intermediate Bin, Kiln Outlet, CD House and ESP area. The cladding provided to the ABC cap were in damaged condition and also gaps were observed. The emissions are emitting at kiln inlet and at cooler discharge sections. The industry has provided wet scrappers to the GCT & ABC Cap to collect the dust in wet form to avoid the fugitive dust emissions. However, the industry has provided common sludge collection pit away from the sources of sludge from ABC Cap, GCT and ESP. There is no proper collection drain to collect all sludge in the common sludge pit. The sludge spillages were observed near wet scrappers of ABC, GCT and ESP. The common sludge pit is not maintaining properly and sludge spillages were observed around the sludge pit The industry was not cleaning dust at the ground near the Coal and Iron ore shed. The black dust and iron ore fine dust deposited on the approach road from raw material sheds to ground hopper.

The industry has provided camera to ABC cap but not connected to TSPCB server.

As per the analysis results, the Ambient Air Quality (PM10) values are exceeded at near by rear boundary wall (down wind), behind the industry - Agriculture Land (down wind) and near by weigh bridge (up wind). The analysis results of Ambient Air Quality is within the limit at Primary School, Kandivanam village (down wind). As per the water analysis reports are within permissible limits are drinking water standards. A copy of the analysis results are enclosed.

IV. Recommendations:

The industry shall renovate all damaged and openings of claddings at conveyor belts, all transfer points, crusher house, screen house, Stock House, I-Bin, Product House,

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Cooler Discharge, Kiln Inlet & outlet. The industry shall provide Bag filter to Stock House to control emissions. The industry shall provide closed rooms at all Bag filter areas to collect Bag houses in Closed area to avoid fugitive emissions while removing of the dust. The industry shall install separate flow meter for water sprinklers line to assess the actual water consumed for the sprinkling for dust suppression. The industry shall avoid tripping of ESP due to power fluctuations and also restore alternate power source with generator during power failure to running the Air Pollution Control Equipment. This aspects also reasons to the dust spreading and deposition to the surrounding areas. The industry shall provide air pollution control equipment to the stock house such as Bag filter to extract the dust during the material conveying and storing. The industry shall maintain housekeeping properly i.e. regular cleaning dust from the ground, internal roads and operate water sprinklers continuously. The industry shall upgrade individual sludge collection pits to the GCT, ABC cap and ESP and has to dismantle existing common sludge pit. The industry shall connect IP camera provided to the ABC cap to TSPCB Server immediately. The industry shall develop thick greenbelt around the boundary of the industry and also within the vacant places. The loss sustained by the deposition of black dust on crops, both in quality and quantity shall be suitably compensated."

33. They have given the details regarding the functioning of the unit and other aspects in Para (II) of the report.

34. The 1st respondent in O.A. No.05 of 2020 (M/s. Om Shiv Shakthi Iron Industries Private Limited) filed their reply affidavit denying most of the allegations made in the application regarding the violation etc. They also denied the allegations that their industry was established very close to the residential area and causing pollution etc. They further contended that the unit was operating as per the conditions imposed in the Consent granted. They denied the allegations that on account of their operation, serious pollution is being caused affecting the health of the people in that locality. They have not produced any document to show that any health incident occurred in that area for the past 15 years during which the industry was functioning and loss of yield caused to the agricultural lands. The sponge iron plant was established in a remote area of the then Mahabubnagar District which was a backward district at that time and provided employment to the hundreds of non-skilled labours of surrounding villages and the people residing in the surrounding villages are benefitted financially through direct and indirect employment and improved their source of income. The applicant was not a resident of this area and he was a permanent resident of Hyderabad and he had occasionally visiting his village where he claims to have properties. The farm house of the applicant is situated in Mogiligidda Village whereas the applicant"s farm house is situated in Kandivanam Village. The closure order issued was subsequently revoked periodically on

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temporary basis after satisfying the compliance of the directions issued by the unit. The pollution standard is properly maintained and it is within the standard provided. The Ambient Air Quality in that area is within the limit. The TSPCB is periodically monitoring the functioning of the units and only after satisfaction, they are issuing renewal of the consent and issuing temporary revocation to the consent order and extending the same from time to time. Grievances of the applicant are totally imaginary. They have installed the pollution control mechanism as directed by the SPCB. The company was established in 2004-05 and they are carrying on their activities in strict compliance with the conditions imposed in the Consent order. After conducting proper enquiry, the TSPCB passed an order dated 27.07.2020 extending the temporary revocation order for 3 months evidenced by Annexure - R1 produced along with the counter. According to them, the applicant is not entitled to get any of the reliefs claimed. So, they prayed for dismissal of the application.

35. The 5th respondent in O.A. No.04 of 2020 (M/s. Jeevaka Industries Private Limited) filed their counter affidavit denying the allegations made in the application. They have given the details regarding the circumstances under which they have been come on record by filing I.A. No.132 of 2021 (SZ). They contended that their sponge iron plant was established in the year 2005 after obtaining Consent to Establish and Consent to Operate from the TSPCB. Since inception the 5th respondent has been operating its plant by adopting the necessary pollution control measures as prescribed by the Board from time to time. They have been issued with the EC dated 14.07.2008 and extension of the EC dated 11.01.2016 after thorough appraisal of the project from all environmental angles. They made huge investment by acquiring additional land of 30 Acres to their existing holding of 55 Acres and thereby having 55 Acres in their possession for further expansion. They developed about 26 Acres of greenbelt which is more than the stipulated quantum of 45% of greenbelt along the periphery of their plant by planting about 25,000 plants and the 5th respondent unit was established well before the siting guidelines of the MoEF&CC. They have reiterated the siting criteria in respect of

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sponge iron plant by the MoEF&CC by Notification dated 30.05.2008 as follows:-

"Siting Guidelines For Sponge Iron Plants :-

Siting of new Sponge Iron Plants shall be as per respective State Pollution Control Board Guidelines. However, the following aspects shall also be considered:

Residential habitation (residential localities/village) and ecologically and/or otherwise sensitive areas. A minimum distance of at least 1000 m (1.0 km) to be maintained.

If any plant/clusters of plants are located within 1 km from any residential area/village they may be shifted by Stat Pollution Control Board /State Govt. in a phased manner for which a time bound action plan is to be prepared by SPCB's. The location of Sponge Iron Plant should be at least 500 m away from National Highway and State Highway.

Radial distance between two Sponge Iron Plants should be 5 km for plants having capacity 1000 TPD or more.

Sponge Iron Plants can be established in designated industrial areas/Estates as notified by State Govt."

36. It is further contended that the industrial unit of the 5th respondent was established well before the aforesaid notification dated 30.05.2008 and they have been operating in full compliance of the regulatory requirements by the TSPCB. Regarding the guidelines issued by MoEF&CC dated 30.05.2008, the following are the compliance of the 5^th respondent unit which reads as follows:

Sl.No. Standard Notified Compliance

1. PM in the stack Complied. emissions -100mg/Nm3 We have provided Electrostatic Precipitator"s (ESP) to Sponge Iron Unit as pollution control equipment to

arrest the PM in the stack emissions. Total pollution control equipments at a cost of Rs. 3.55 crores and

strictly compying the limits.

The online 24x7 Stack Emission monitoring system to

the stack and IP Camera"s to view Stack & ABC are

connected to TSPCB Server and Environment

monitoring is carried by MoEFCC recognized lab and

reports are attached as

Annexure 1 and 2

2. Stack height of 30 Mts Complied. shall be provided. We have provided the stack height of 70 Meters.

Guidelines/Code of Practices mentioned in the same notification

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General Guidelines mentioned in the same notification

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37. As far as the distance of 1000 mtrs from residential habitation is concerned, the habitation was beyond 1000 mtrs when the plant of the 5th respondent was established in the year 2005 and the official portal of TSPCB also indicates that this criteria is applicable to new Sponge Iron units only. The 1000 meter criteria provided is not applicable to them. Further, the 5th Respondent had obtained Environmental Clearance for additional Kilns on 14.07.2008 and further extension of Environmental Clearance was also granted on 11.01.2016 and these EC for expansions were granted by the MoEF & CC after considering all environmental angles and taken note of the fact that it was an existing unit and the distance criteria of 1000 mtrs is not applicable to them. The MoEF&CC Notification viz., GSR 414[E] dated 30.05.2008 is having 3 components:-

"(i) Standards for Mandatory Compliance. (ii) General Guidelines and

(iii) Siting Guidelines." On the basis of the same they have already developed greenbelt of sufficient extent of 26 Acres of which is much more than the stipulated 45% greenbelt as per the CPCB requirements, along with the periphery of plant & both sides of the Internal CC roads. In fact, the plant required an additional land of 30 acres to the existing 55 acres of land and that was also acquired and now the total extent of the property is 85 Acres. They are strictly in compliance with the all pollution standards prescribed by the TSPCB/CPCB. Huge investments have already been made and any direction to relocate from the existing location will seriously affect the financial situation of the company and it will threaten the survival itself. The Sponge Iron manufacturing sector is already facing a number of problems due to huge imports and serious challenges attributable to the Covid 19 situation. The industry like 5th respondent who had installed all APC Equipments and developed a good greenbelt and operating duly complying with TSPCB norms without causing any Environmental issues in the area ought not to be disturbed in the interest of the industrial sector as well as the State Economy. Even recently by order dated 18.09.2021, the TSPCB has issued Consent for Establishment (Expansion - Red Category) for Respondent No.5, and the MoEF&CC has issued an Office Memorandum dated 23.01.2019 exempting Environmental Clearance for Thermal Power Plant using Waste Heat Recovery Boilers (WHRB) without any Auxiliary Fuel in

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order to promote energy conservation, reduce Green House emissions and in the larger interest of the environment, including climate change. In the detailed action plan for relocation of Sponge Iron Industry submitted by the Telangana Government, it has been set out in detail as to how site suitability analysis has to be done as per the guidelines of MoEF&CC as well as CPCB. It has been generally stated that 9 units of 20 Sponge Iron Units do not satisfy the siting guidelines. It was not set out in the detailed action plan as to whether the unit of the 5th Respondent was also considered as not complying with siting guidelines. In the annexure to the Action taken report of TSPCB, the name of the 5th Respondent viz., Jeevaka Industries Pvt. Ltd., was mentioned. However, the proceedings of the minutes of the meeting held on 14.10.2020 filed along with the report do not reflect the correct picture. It is not correct to state that the representatives of the industries collectively agreed for shifting of their units. There may be cases where certain industries are operating in violation of the pollution control norms against whom the authorities have already taken action who might have agreed for shifting of their units but in so far as the 5th Respondent is concerned, he is operating in full compliance with the requirements and such relocation is absolutely unwarranted. The allegations made in the application are mainly related to M/s. Anand Metallics & Power Private Limited and nothing was mentioned about the 5th respondent. M/s. Anand Metallics is located in Mahbubnagar District on the Southern side of Hyderabad, whereas the 5th Respondent plant is located in Sangareddy District (earlier in Medak District) on the Northern side of Hyderabad. There is no cause of action for shifting the 5th respondent unit to any other location. So, they prayed for accepting their contentions and passing suitable orders.

38. Thereafter, both these two cases [O.A. No.04 of 2020 and 05 of 2020] were taken up together, as issues related to them are same.

39. In pursuant to the order dated 19.02.2020, the Joint Committee has filed a Joint Report in respect of these two cases [O.A. No.04 of 2020 and 05 of 2020] dated 16.06.2020, wherein they have given the factual aspects and recommendations in respect of four industries viz., (i) M/s. Vinayak Steels Limited, (ii) M/s. Binjusaria Sponge & Power (P) Limited, (iii) M/s.

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Sri Shiv Shakti Steels and Alloys and (iv) M/s. Sunder Ispat Limited (Sponge Iron Division) as follows:-

"(i) M/s. Vinayak Steels Limited

FACTUAL ASPECTS :

The industry is a coal based sponge iron unit and producing Sponge Iron 100 TPD by one rotary kiln. The industry has obtained CFE of the Board vide order dated 06.04.2004 and also obtained first CFO of the Board on 17.03.2005. Since establishment, the unit has not expanded their production capacity. The nearest Human habitation is Kothur village, which is located in East direction at a distance of about 312.86 m from the boundary and 389.29 m from the process area of the industry. As per siting guidelines for Sponge Iron plants notified by MoEF, New Delhi dated May 30, 2008, "Residential habitation (residential localities / village) and ecologically and/or otherwise sensitive areas: A minimum distance of at least 1000 m (1 km) to be maintained". Presently, M/s Vinayak Steels Ltd. is located at a distance of 312.86 m from Kothur village from boundary of the industry in East direction and 389.29 m away from the process area of the industry. It is also indicated in the notification that " If any plant/ cluster of plants are located within 1 Km from any residential area/ village they may be shifted by State Pollution Control Board/ State Govt in a phased manner for which a time bound action plan is to be prepared by SPCB's. In this connection the Telangana State Pollution Control Board has addressed letter to the Government of Telangana to initiate action. On the day of inspection, the unit was in operation and they are operating Air pollution control equipment and water was sprinkled on the roads at coal shed and near to conveyor belts. The industry has provided only movable water sprinklers along the internal roads, near the coal storage shed and ground hoppers to control fugitive dust emissions. Not provided fixed water sprinklers. The industry not provided separate flow meter for sprinklers line to assess the actual water consumed for the sprinklers. The cladding sheets provided to the coal crusher, Screen house, Stock House to Kiln Inlet are in damaged condition and observed gaps between the cladding sheets. The dust deposition was observed on the ground near the coal crusher, Screen house, on the internal Roads. The industry has provided wet scrappers to the GCT & ABC Cap to collect the dust in wet form to avoid the fugitive dust emissions. However, the industry has not provided sludge collection pit to ABC Cap, GCT. The industry has provided camera to Stack and connected to TSPCB server. The closed room provided at the bottom of the ESP and Heat Exchanger for collection dust and storing the within the room. The housekeeping is satisfactory. As per the analysis results, the Ambient Air Quality (PM10), fugitive emission and stack values are within in the limits. A copy of the analysis results are enclosed. As per the water analysis reports are within permissible limits are drinking water standards. A copy of the analysis results are enclosed.

Recommendations:

The industry shall renovate all damaged and openings of claddings at conveyor belts, all transfer points, crusher house, screen house, Stock House. The industry shall install separate flow meter for water sprinklers line to assess the actual water consumed for the sprinkling for dust suppression. The industry shall provide fixed water sprinklers to suppress the dust emissions. The industry shall provide sludge collection pits to the GCT and ABC Cap to collect the sludge. The industry shall avoid tripping of ESP due to power fluctuations and also restore alternate power source with generator during power failure to running the Air Pollution Control Equipment. This aspects also reasons to the dust spreading and deposition to the surrounding areas. The industry shall develop thick greenbelt in vacant places around the boundary of the industry.

(ii) M/s. Binjusaria Sponge & Power (P) Limited

FACTUAL ASPECTS :

The industry is a coal based sponge iron unit and producing Sponge Iron 100 TPD by one rotary kiln. The industry has obtained CFE of the Board vide order dated 21.09.2004 and also obtained first CFO of the Board on 21.11.2005. Since establishment, the unit has not expanded their production capacity. The nearest Human habitation is Shadnagar village which is located at distance of 1.5 km from the industry. As per siting guidelines for Sponge Iron plants notified by MoEF, New Delhi dated May 30, 2008,

"Residential habitation (residential localities / village) and ecologically and/or otherwise sensitive areas: A minimum distance of at least 1000 m (1 km) to be maintained". Presently, M/s. Binjusaria Sponge & Power (P) Ltd. is located at a distance of 1.5 km from the industry boundary to Shadnagar in South direction. The Committee members visited the Gross field. Also visited the Mango farm (Own land) land. No dust deposition was observed. On the day of inspection, the unit was in operation and they are operating Air pollution control equipment and water was sprinkled on the roads, process area and conveyor belts. The industry has provided movable water sprinklers to the ground hopper, during the inspection, the sprinklers was in operation. The fixed water sprinklers not provided. The industry has not replaced cladding MS sheets damaged. The industry has provided camera to ABC cap but not connected to TSPCB server. As per the analysis

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results, the Ambient Air Quality (PM10), fugitive emission and stack values are within in the limits. Except, exceeding value of AAQ (PM10) at predominantly Downwind, at the periphery of the industry, at the main gate. A copy of the analysis results are enclosed. As per the water analysis reports are within permissible limits are drinking water standards. A copy of the analysis results are enclosed.

Recommendations:

The industry shall renovate all damaged and openings of claddings at conveyor belts, all transfer points, crusher house, screen house, Stock House, Product House, Cooler Discharge, Kiln Inlet & outlet. The industry shall provide closed rooms at all Bag filter areas to collect Bag houses in Closed area to avoid fugitive emissions while removing of the dust. The industry shall install separate flow meter for water sprinklers line to assess the actual water consumed for the sprinkling for dust suppression. The industry shall avoid tripping of ESP due to power fluctuations and also restore alternate power source with generator during power failure to running the Air Pollution Control Equipment. This aspects also reasons to the dust spreading and deposition to the surrounding areas. The industry shall provide fixed water sprinklers near Raw material shed, ground hopper area. The industry shall maintain housekeeping properly i.e. regular cleaning dust from the ground, internal roads and operate water sprinklers continuously. The industry shall connect IP camera TSPCB Server immediately.

(iii) M/s. Sri Shiv Shakti Steels and Alloys

FACTUAL ASPECTS:

The industry is a coal based sponge iron unit and producing sponge iron

200 TPD by two rotary kiln. The industry has obtained CFE of the Board vide order dated 18.06.2004 and also obtained first CFO of the Board on 21.06.2005.Since establishment, the unit has not expanded their production capacity. The nearest Human habitation is Veerlapally village, which is located in Southern direction at a distance of

920.76 m from the industry boundary and 790.14 m from the process area in South direction. As per siting guidelines for Sponge Iron plants notified by MoEF, New Delhi dated May 30, 2008, "Residential habitation (residential localities / village) and ecologically and/or otherwise sensitive areas: A minimum distance of at least 1000 m (1 km) to be maintained". Presently, M/s. Sri Shiv Shakti Steel and Alloys is located at a distance of 936.93 m from the industry boundary and 867.66 m from the process area in South direction. It is also indicated in the notification that " If any plant/ cluster of plants are located within 1Km from any residential area/ village they may be shifted by State Pollution Control Board/ State Govt in a phased manner for which a time bound action plan is to be prepared by SPCB's. In this connection the Telangana State Pollution Control Board has addressed letter to the Government of Telangana to initiate action. The Committee members visited the industry surroundings and Lemon farm, Poly House located at a distance of about 307 mtrs. in Northern direction. The dust deposition was observed on the lemon trees and also on poly house covers.. Due to black dust deposition there is possibility of hindrance in photosynthesis process, leading to reduction in yield. On the day of inspection, the unit was in operation and they are operating Air pollution control equipment and water was sprinkled on the roads, process area and conveyor belts. The Committee observed, dust deposition on the roads , Trees , Cladding of MS Sheets at Conveyor Belts and process sections during inspection. The Housekeeping of the industry is not satisfactory. The industry is handling Bag houses openly from the bag filters instead of providing closed rooms, thereby dust spillages in the surrounding area. The industry has pneumatic dust collection system from the transfer point and storing the dust in silo which is not sufficient. The black dust accumulated at the bottom of the silo. The industry has provided only wet scrappers to ABC Cap to collect the dust in wet form to avoid the fugitive dust emissions. But, not provided collection pit. The sludge is accumulated on the ground. The cladding sheets provided to the coal crusher, Screen house, Stock house, Intermediate Bin, Kiln Outlet, CD House, Product House and Conveyor belts of the Transfer points are in damaged condition and observed gaps between the cladding sheets. The dust deposition was observed on the ground near the coal crusher, Screen house, Stock house, Intermediate Bin, Kiln Outlet, CD House and ESP areas. The cladding provided to the ABC cap were in damaged condition and also gaps were observed. The industry has not provided closed dust collection chamber / rooms to the ESP & Heat Exchanger to avoid fugitive dust emissions during the dust collection. The industry has provided only pneumatic dust collection pipe to the ESP and Heat Exchanger and routed to silo for storage. The dust accumulated on the ground bottom of the silo area indicates the silo capacity is not adequate and storing on the ground. The dust accumulation also observed near the Heat Exchanger and ESP area. The industry was not cleaning dust at the ground near the Coal and Iron ore shed. The black dust and iron ore fine dust deposited on the approach road from raw material sheds to ground hopper. Dolo char, Iron ore fines and kiln accretions were stored openly outside the industry premises. The industry has provided camera to ABC cap but not connected to TSPCB server. The industry has not installed PLC for recording the graph pertaining to opening and closing time of emergency cap to the ABC Cap. As per the analysis results, the Ambient Air Quality (PM10) and stack values are exceeding the limits, except, fugitive emissions value is within the limit. A copy of the analysis results are enclosed.

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As per the water analysis reports are within permissible limits are drinking water standards. A copy of the analysis results are enclosed.

Recommendations:

During the Committee inspection, the lot of black dust deposition was observed on the roads, trees, MS cladding sheets and all process areas. It seems that, the industry is not operating water sprinklers regularly. The industry is also not maintaining housekeeping properly. The industry shall renovate all damaged and openings of claddings at conveyor belts, all transfer points, crusher house, screen house, Stock House, I-Bin, Product House, Cooler Discharge, Kiln Inlet & outlet. The industry shall provide Bag filter to Stock House to control emissions. The industry shall provide closed rooms at all Bag filter areas to collect Bag houses in Closed area to avoid fugitive emissions while removing of the dust. The industry shall provide closed rooms to Heat Exchanger and ESP to collect dust and storage in Closed area to avoid fugitive emissions while removing of the dust The industry shall install separate flow meter for water sprinklers line to assess the actual water consumed for the sprinkling for dust suppression. The industry shall avoid tripping of ESP due to power fluctuations and also restore alternate power source with generator during power failure to running the Air Pollution Control Equipment. This aspects also reasons to the dust spreading and deposition to the surrounding areas. The industry shall provide air pollution control equipment to the stock house such as Bag filter to extract the dust during the material conveying and storing. The industry shall maintain housekeeping properly i.e. regular cleaning dust from the ground, internal roads and operate water sprinklers continuously. The industry shall provide sludge collection pit to the ABC cap.. The industry shall connect IP camera provided to the ABC cap to TSPCB Server immediately. The industry shall develop thick greenbelt around the boundary of the industry and also within the vacant places. The loss sustained by the deposition of black dust on vegetable crops, fruit crops and poly house both in quality and quantity shall be suitably compensated. The Committee opined that industry shall operate only after rectifying all lapse to avoid air pollution in the surrounding area.

IV. M/s Sunder Ispat Limited (Sponge Iron Division)

FACTUAL ASPECTS :

The industry is a coal based sponge iron unit and producing Sponge Iron 100 TPD by one Rotary kiln. The industry has obtained CFE of the Board vide order dated 20.11.2003 and also obtained first CFO of the Board on 26.11.2005. Since establishment, the unit has not expanded their production capacity. The nearest Human habitation is Thanda village which is located at distance of 577.0 m in South direction from the industry boundary and 624.0 m from the process area. As per siting guidelines for Sponge Iron plants notified by MoEF, New Delhi dated May 30, 2008, "Residential habitation (residential localities / village) and ecologically and/or otherwise sensitive areas: A minimum distance of at least 1000 m (1 km) to be maintained". Presently, M/s Sunder Ispat Limited (Sponge Iron Division) is located at a distance of 577.0 m from the industry boundary and 624.0 m from the process area. It is also indicated in the notification that " If any plant/ cluster of plants are located within 1Km from any residential area/ village they may be shifted by State Pollution Control Board/ State Govt. in a phased manner for which a time bound action plan is to be prepared by SPCB's. In this connection the Telangana State Pollution Control Board has addressed letter to the Government of Telangana to initiate action. The Committee members visited the industry surroundings. The dust deposition was observed towards Cotton Fields, which is adjacent to the industry in North direction. Due to black dust deposition there is possibility of hindrance in photosynthesis process, leading to reduction in yield. On the day of inspection, the unit was in operation and they are operating Air pollution control equipment and water was sprinkled on the roads, process area and conveyor belts. The Committee observed, dust deposition on the roads , Trees, Cladding of MS Sheets at Conveyor Belts and process sections during inspection. The industry is handling Bag houses openly from the bag house provided at Rotary kiln instead of providing closed rooms near , thereby dust spillages in the surrounding area. The industry has provided only wet scrappers to ABC Cap to collect the dust in wet form to avoid the fugitive dust emissions. But, not provided collection pit. The sludge is accumulated on the ground. The cladding sheets provided to the coal crusher, Screen house, Stock house, Intermediate Bin, Kiln Outlet, CD House, Product House and Conveyor belts of the Transfer points are in damaged condition and observed gaps between the cladding sheets. The dust deposition was observed on the ground near the coal crusher, Screen house, Stock house, Intermediate Bin, Heat exchanger, Bag house areas. It seems that industry is not using water for sprinklers. The cladding provided to the ABC cap were in damaged condition and also gaps were observed. The industry has covered the ground within soil at Process area, near crusher, screen, stock house, I-Bin, Product House. Dolo char, Iron ore fines and kiln accretions were stored openly within the industry premises. The industry has not provided IP Digital camera to ABC cap not connected to TSPCB server. The industry has not provided concreted platform for lorry parking. It was observed that, lorries were parked outside the industry premises, which is inconvenient to Road passers. The industry has laid RCC Roads from gate to Product house only and not laid

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remaining Process area. The Housekeeping of the industry is very poor. The online SPM monitoring values of the industry was not available with TSPCB website from 09.02.2020 to till date. As per the analysis results, the Ambient Air Quality (PM10) and stack values are exceeding the limits, except, fugitive emissions value is within the limit. A copy of the analysis results are enclosed. As per the water analysis reports are within permissible limits are drinking water standards. A copy of the analysis results are enclosed.

Recommendations:

During the Committee inspection, the lot of black dust deposition was observed on the trees, MS cladding sheets and all process areas. It seems that, the industry is not operating water sprinklers regularly. The industry is also not maintaining housekeeping properly. The industry shall renovate all damaged and openings of claddings at conveyor belts, all transfer points, crusher house, screen house, Stock House, I-Bin, Product House, Cooler Discharge, Kiln Inlet & outlet. The industry shall close all the gaps of coal shed. The industry shall provide closed rooms at all Bag filter areas to collect Bag houses in Closed area to avoid fugitive emissions while removing of the dust. The industry shall provide closed rooms to Heat Exchanger and Bag house provided to the Rotary kiln to collect dust and storage in Closed area to avoid fugitive emissions while removing of the dust and during operation also. The industry shall install separate flow meter for water sprinklers line to assess the actual water consumed for the sprinkling for dust suppression. The industry shall avoid tripping of Bag house provided to the Rotary kiln due to power fluctuations and also restore alternate power source with generator during power failure to running the Air Pollution Control Equipment. This aspects also reasons to the dust spreading and deposition to the surrounding areas. The industry shall rectify online stack monitoring device and connect online data to TSPCB Server immediately. The industry shall provide air pollution control equipment with closed room to the stock house such as Bag filter to extract the dust during the material conveying and storing. The industry shall maintain housekeeping properly i.e. regular cleaning dust from the ground, internal roads and operate water sprinklers continuously. The industry shall provide sludge collection pit to the ABC cap & at heat exchanger area.The industry shall provide IP Digital camera to the ABC cap and connect to TSPCB Server immediately. The industry shall develop thick greenbelt around the boundary of the industry and also within the vacant places. The loss sustained by the deposition of black dust on agricultural field, crops both in quality shall be suitably compensated. The Committee opined that industry shall operate only after rectifying all lapse to avoid air pollution in the surrounding area."

40. Thereafter, since issue in all these cases related to the same aspect as to whether the sponge iron units will have to be relocated considering the possible pollution that is likely to be caused on account of their operation, these cases were considered together along with O.A. No.04 of 2019 (SZ) which was also filed seeking similar reliefs in respect of relocation of the sponge iron plants.

41. As directed by this Tribunal, the State of Telangana has filed a detailed action plan for relocation of sponge iron units dated Nil, e-filed on 04.12.2020 which is more or less same in tune with the action plan already filed by them on 12.09.2020. Thereafter, they also filed another report signed by the Principal Secretary to Government, Industries and Commerce Department, State of Telangana e-filed on 19.01.2022 which reads as follows:-

"REPORT FILED BY THE 2ND AND 3RD RESPONDENT

1. During the process the TS IIC has taken the (8) sponge iron unit holders along with the concern Revenue officials (RDO,MRO,Surveyor ) to the land parcels identified for re-location on 08.01.2021, i.e., (i) Rayapuram (V), Gattu (M), Gadwal Dist., where an

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extent of more than 1000 ac of land parcels is available (686.32 acres parampok and remaining is assigned) and in (ii) Chinnajatram (V), Narayanpet (M&D) an extent of 148 acres of Govt. land. In addition to the above the unit holders have also been taken to visit

(iii) Kamsanpally (V), Damaragidda(M), Narayanpet (Dist) where in 1024 ac.

2. It is to submitted that, during the land acquisition process, it is learnt that, the Sy. No. 83 of Rayapuram (V) is covered under proposed lift irrigation project. Hence, some more land parcels were identified at more than 12 locations at Mahaboobnagar Districts and the feasibility of the lands was examined and it was found that the land parcel are covered with hillocks and are not suitable for establishment of Sponge Iron Industries.

3. It is submitted that Subsequently another land parcel is identified at Kamsanpally (V), Narayanpet District and was visited and is being considered to establish sponge iron units in an extent of about 238acres.

4. It is submitted that the TSIIC has identified an area of 299-32 Acres at Navalga, Korviched and Masanpally of Baseerabad Mandal and out of which the physical possession of the land to an extent of Acs 212.28 gts has been taken and remaining 87-04 Acres is under acquisition for establishment of Industrial Park. The Sponge Iron unit holders were this site with a view to establish the Industrial Park for Relocation of the Sponge Iron Units. Further, process of assessing its suitability for sponge Iron units is underway in consultation with TSPCB.

5. In this regard, it is to submit that, during process of land identification/acquisition, many a times it is difficult to locate a big land parcel to establish the Industrial park with all required infrastructure. Sometimes land parcels are not suitable. Further the land identified shall be at least 1 KM away from habitations to comply with the CPCB norms. The resistance from local residents is also making it difficult to zero in on the location. However, all efforts are being made by the Govt. to develop the above two suitable lands to relocate the polluting industries.

Therefore, keeping in view of the practical difficulty and the continued efforts in identifying/acquiring the land it is submitted that further process of Master Planning, land development, water supply, sub-station for power supply, formation of internal roads etc., will be taken up duly obtaining Environmental Clearance at both the above locations and will be completed in the next 24 months.

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42. In the mean time, the 5^threspondent in O.A. No.04 of 2019 (SZ) filed I.A. No.137 of 2022 (SZ) for advance the hearing and that application was disposed of holding that there was no necessity to advance the hearing vide Order dated 10.08.2022 and this Tribunal has directed the TSPCB as well as the State of Telangana to file an updated report regarding the compliance of the directions already issued in the earlier proceedings and these proceedings and further status of action taken.

43. The 5^threspondent in O.A. No.04 of 2019 (SZ) also filed I.A. No.134 of 2022 (SZ) seeking an interim order directing the TSPCB making any demand against the said unit for full payment of any further amount towards the environmental compensation pending disposal of the matter and also filed I.A. No.136 of 2022 (SZ) for an interim injunction restraining the TSPCB from making any demand against the unit for full payment of any further amount towards the environmental compensation pending disposal of the application.

44. Further, this Tribunal while disposing the I.A. No.137 of 2022 (SZ) observed that if the 5^threspondent unit is aggrieved by the closure order issued, their remedy is to challenge the same before the appropriate forum as provided under the respective statutes and there is no necessary for this Tribunal to pass any directions in this regard. But no separate orders have been passed in respect of I.A. Nos.134 of 2022 and 136 of 2022 in O.A. No.04 of 2019 (SZ) filed by the 5^threspondent.

45. Along with I.A. Nos.134 of 2022 to 136 of 2022 (SZ), the 5^threspondent produced certain documents regarding the appeal filed as Appeal No.09 of 2021 before the Appellate Authority under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and the Appellate Authority vide Order dated 10.01.2022, dismissed the appeal holding that in view of the decision of the Hon"ble Apex Court in Tamil Nadu Pollution Control Board Vs. Sterlite Industries India Limited & Ors., the appeal is not maintainable against the combined order passed and dismissed the appeal. They have paid an amount of Rs.1,40,50,000/- (Rupees One Crore Forty Lakh and Fifty Thousand only) as part payment towards the compensation imposed on

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10.02.2022. They also produced the further order issued by the TSPCB dated 18.02.2022 directing them to deposit the balance instalments of Rs.1,40,50,000/- (Rupees One Crore Forty Lakh and Fifty Thousand only) each which was granted as per the request made by the Board vide their letter dated 02.02.2022 and if it is not complied with, then further closure order will be issued. They also issued a show cause notice on 16.03.2022 against the 5^threspondent unit for non-compliance of certain conditions issued. The 5^threspondent also produced the order passed by the National Company Law Tribunal, Hyderabad Bench, Hyderabad dated 22.03.2022 in CP (IB) No.29/9/HDB/2021 filed by one Fareast Commodities Resources Limited against the 5^threspondent herein seeking for initiating insolvency proceedings against the 5^threspondent and the matter was admitted by that order, appointing an interim resolution professional as provided under the Insolvency Resolution Process for Corporate Persons Regulations, 2016 under Insolvency & Bankruptcy Code, 2016 r/w. Insolvency & Bankruptcy (Application to the Adjudicating Authority) Rules, 2016 and later as per order in IA (IBC)/310/2022 in CP (IB) No.29/9/HDB/2021 dated 21.04.2022, the Tribunal allowed the application permitting the Operational Creditor along with the Consent Terms on record to withdraw the Company Petition CP (IB) No.29 of 2021 on the basis of the compromise as withdrawn and that application was allowed and the Company Petition was dismissed as withdrawn on the basis of the compromise.

46. The 5^threspondent in O.A. No.04 of 2019 (SZ) also produced various proceedings of the TSPCB and the report of the Board along with the interlocutory application. They also produced certain further documents along with the additional affidavit regarding the closure order issued dated 03.08.2022 by the TSPCB.

47. The TSPCB has filed an independent report dated 12.08.2022 in O.A. No.04 of 2019 (SZ) in respect of the 5^threspondent unit in that case which reads as follows:-

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1

REPORT DATED 11-08-2022 OF TELANGANA STATE POLLUTION CONTROL BOARD IN ORIGINAL APPLICATION No.4 OF 2019 IN THE MATTER OF M/S. BILASRAIKA

SPONGE IRON INDIA PVT. LTD., GUNDLAPOTLAPALLY VILLAGE, BALANAGAR

MANDAL, MAHABOOBNAGAR DISTRICT

It is to submit that the Hon'ble NGT, Chennai vide order dated 29.10.2021 in O.A.No.4 of 2019 filed against M/s. Bilasraika Sponge Iron Pvt Ltd, ordered as follows: -

"The Telangana Pollution Control Board is also directed to file further action taken report in continuation of the report submitted by them dated 06.03.2020 and nothing was mentioned in the subsequent report dated 24.11.2020 regarding the Environmental Compensation issued. When this was pointed out. the Learned Counsel appearing for the Pollution Control Board submitted that they will come with a further report in this regard".

Accordingly, the Board filed Action Taken Report dated 25.02.2022 before the Hon'ble NGT. The industry vide letter dated 29.12.2021 requested the Board that they will remit the Environmental Compensation (EC) in three instalments. The Board vide letter dated 02.02.2022 directed that the industry shall remit the EC as per the following schedule: - Installment Amount Time line

FIRST Rs.1,40,50,000/- (Rupees One Crores | Immediately

Forty Lakh Fifty Thousand only)

SECOND Rs.1,40,50,000/- (Rupees One Crores | After one month from the date of Forty Lakh Fifty Thousand only) payment of the 1 instalment

THIRD Rs.1,40,50,000/- (Rupees One Crores | After one month from the date of Forty Lakh Fifty Thousand only) payment of the 2" instalment The industry has paid the EC of Rs.1,40,50,000/- to the Board on 10.02.2022. The Board vide

order dated 18.02.2022 issued temporary permission to continue production activity for a period of three months.

Subsequently, the industry vide letter dated 17.05.2022 requested the Board to issue

permission to continue production activity.

It is to submit that the Board officials have inspected the industry on 07.05.2022. During the

inspection, Sri Surender Reddy, Plant-Head of the industry was present. The status of the

industry is as follows:

1. M/s Bilasraika Sponge Iron India Pvt. Ltd. is located at Gundlapotlapally Village, Balanagar Mandal, Mahaboobnagar District is a Sponge Iron manufacturing unit with a production capacity of 166 TPD (Two Kilns of each 100 TPD & 66 TPD).

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The industry has obtained CFO of the Board vide order dated 19.08.2017 for production of Sponge Iron (Two Kilns — 100 TPD + 66 TPD) - 166 Tons/day which is valid upto

31.05.2022.

The industry has two nos. of kilns of capacity 100 TPD (Kiln — I) & 66 TPD (Kiln — II). During the inspection the industry was operating both the kilns. The industry has submitted production records. As per the records, the industry has manufactured sponge iron total quantity — 7,174.0 Tons (an average — 79.71 TPD against permitted 166 TPD) during the period from February,2022 to April, 2022. The industry has submitted disposal details of solid waste such as Char — 1985 Tons, Bag filter dust — 468 Tons and ESP dust — 1276 Tons to outside parties during the period from February, 2022 to April, 2022.

The industry has ESPs (2 Nos.) to the kilns as APCE and are attached to common chimney of 49 m height.

The industry has provided heat exchanger in place of GCT to the kiln-I (100 TPD) and provided GCT to kiln — II (66 TPD).

The industry has provided closed room with MS sheets to the bottom of the Heat exchanger for collection of dust and storing within the room. The industry has provided wet scrapper with collection pits to the ESP — I & ESP - II to collect the dust in wet form.

10. The industry has provided wet scrapper with sludge collection pits individually at ABC— I & II, GCT — II and ESP — I, ESP- II to collect dust in wet form.

11. The industry has rectified ducts leakages at ID Fans of Kiln — I & Kiln — II.

12. The industry has provided bag filters at i) Coal Crusher ii) Stock house iii) Injection coal conveyor iv) Cooler discharge v) Intermediate bin vi) Product house top and vii) Iron ore circuit.

13. The industry has also installed separate bag filters to the both kilns outlet points and provided with closed chamber to the bag filter for collecting and storage of dust.

14. The industry has provided closed rooms to all bag filters to collect the dust and storage within the room at Coal crusher, Stock house, Injection coal conveyor, Intermediate bin, cooler discharge, Iron ore circuit, Injection coal conveyer.

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15. The industry has provided RCC Walls two sides to the Kilns transfer chute and Cooler inlet to avoid the cooling water spillages.

16. The industry has provided claddings conveyor belt and closed bottom with M.S. Sheets at coal crusher.

17. The industry has provided closed shed for storage of coal. The industry has provided closed shed for storage of Iron ore Pellets and also provided closed shed for Ground Hopper.

18. The industry has provided closed shed for Product House bunker to unload product directly into the trucks within closed premises.

19. The industry has provided closed shed to the iron ore pellets transfer points with attached bag filter.

20. The industry has provided cladding sheets to all conveyor belts and transfer points with MS Sheets.

21. The industry has provided fixed water sprinklers at near the process area, coal storage shed, along the internal Roads, coal& iron ore ground hopper, kiln area, product house and within coal storage shed. The industry has also water sprinklers at top of conveyor belts, transfer points and Road leading to product House to Weigh Bridge. During the inspection, the sprinklers were in operation.

22. The industry has provided 2 Nos. of mechanical flow meters at raw water collection sump.One flow meter for water sprinklers & another for process and maintaining the water consumption records.

23. The industry has developed green belt along the west and south side compound walls and also planted saplings i.e. near coal shed, internal roads, kiln area, stock house and product house.

24, The industry has installed IP camera to the ABC cap and installed continuous online stack monitoring system to the stack attached to the kilns and connected to the TSPCB Server,

25. The industry has also installed 4 Nos. of IP cameras at corners of the industry. But not connected to the TSPCB server and also not provided recording facility.

26. The industry has PLC system for recording the opening and closing time of emergency cap to the ABC.

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27. The industry has provided lorry parking area with concreted platform within the premises.

28. The nearest village is Rangareddyguda is located at a distance of about 400 m. The nearest residence is at a distance of 350 m from the industry.

29. The industry has not provided wind breaking wall with height of 25 ft. along with compound wall towards approach Road and village to avoid the inconvenience to the Road passers.

30. The emissions directly let out through chimney, while power interruption and tripping of ESP due to power failures. The industry representative informed that, they are immediately restoring alternative power supply by operating Generators for APCEs operation continuously.

31. The industry has not paid 2" & 3" installments of Rs.2,81,00,000/-. The TSPCB carried out AAQ and Stack monitoring on 18.05.2022 (Annexure-I). The analysis results are as follows:

AAQM Sampling: Near Admin office towards the front boundary wall towards northern side of the industry — Predominantly Upwind

Parameter UOM Conc. Value Standard Limit for 24

hours

Particulate Matter (PM,9) g/m? 52 100

Sulphur Dioxide (SOz) g/m? 6 80

Oxides of Nitrogen (NO,) ug/m?¹⁵⁸⁰

Observations:

1. Soil in the premises is wet due to rain on the previous day.

2. Mild drizzle was reported one hour before the beginning of the monitoring. The parameters are meeting the standards.

AAQM Sampling: Near Western boundary of the industry 45 mtrs. (apx) from kiln — Predominantly Downwind

Parameter UOM Conc. Value Standard Limit for 24

hours

Particulate Matter (PMio) g/m? 92 100

Sulphur Dioxide (SO2) ug/m: 9

80

Oxides of Nitrogen (NO,) g/m? 12 80

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Observations :

1. Soil in the premises is wet due to rain on the previous day.

2. Mild drizzle was reported one hour before the beginning of the monitoring. The parameters are meeting the standards.

AAQM Sampling: 10 mtrs. from conveyor belt connecting stock house and junction box — Fugitive emissions.

Parameter UOM Conc. Value | Standard Limit for 24 hours

Total Suspended Particulate | ug/m? 328 2000

Matter (TSPM) (Fugitive emission)

Sulphur Dioxide (SO2) g/m? 8 80

Oxides of Nitrogen (NO,) g/m? 14 80

Observations:

1. Soil in the premises is wet due to rain on the previous day.

2. Mild drizzle was reported one hour before the beginning of the monitoring. The parameters are meeting the standards.

Stack monitoring: Common stack attached to 100 TPD & 60 TPD rotary kiln through ESP. S.No. Parameter UOM Result | Standard Limit

^1, Suspended Particulate Matter (SPM) mg/Nm*⁸⁹¹⁰⁰

The request of the industry for permission to continue production activity was discussed in the Task Force Hearing in TSPCB held on 28.07.2022. After detailed discussions, the Task Force Committee recommended to issue Closure orders to the above industry for not remitting the balance Environmental Compensation of Rs.2,81,00,000/- (Rupees Two Crores Eighty One Lakhs) i.e. 2"! and 3" instalments even after giving sufficient time and not yet complied with Board directions viz., not connected the IP cameras at corners of the industry to TSPCB server and not provided wind breaking walls with height of 25 feet along the compound wall towards approach road & village.

As per the recommendations of the Task Force, the Board issued Closure Orders to the industry vide order dated 03.08.2022 (Annexure-IT).

K yo

\V

ENVIRONMENTAL ENGINEER

cNVIRONMENTAL ENGHUMER Telangana State Pollutioa Control Barc Regional Office, Hyderabad

4th Fleer, Pedupu Bhavan,

Hyderabed Colleciterate Consplex.

NS ROAN HYDERABAD-88G081

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48. As per order dated 16.08.2022, after hearing the matter for some time and also considering the facts that such industries were in existence prior to the guidelines issued by the CPCB and MoEF&CC and in respect of certain units, the Consent to Operate and EC were granted from time to time and extensions were also made, this Tribunal directed the TSPCB to come with clear explanation as to what was the siting criteria that was in existence when the United Andhra Pradesh was in existence and how that was adopted by the State of Telangana when the State of Telangana was formed and what are all the subsequent notifications issued in respect of such units and they were directed to explain all these things by producing all notification relating such issue.

49. Further, on that day, the CPCB was also directed to produce the entire guidelines issued in this regard so as to ascertain as to whether this was issued Suo Motu by them or on the basis of the complaints received or on the basis of any directions given by any of the Courts in respect of probable pollution that is likely to experienced on account of such industries requiring imposition of siting criteria as one of the conditions for starting the industries/phasing out the existing industries and any further guidelines have been issued after 2008 with any modification, then they were also expected to highlight those aspects before the Tribunal by producing such modifications. They were also directed to explain before the Tribunal as to whether these guidelines (if any) were issued either under Section 3 or 5 of the Environment (Protection) Act, 1986 or under Section 18 of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 to determine the applicability of the guidelines. The MoEF&CC was also directed to file a detailed explanation regarding the siting criteria of sponge iron industries, whether they are considering the guidelines issued by the CPCB regarding such siting criteria while appraising the application for Environmental Clearance (EC) and if there is any modification made by them in the siting criteria either over looking or in

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addition to the guidelines issued by the CPCB for the purpose of considering the application for EC for new units in the area, if any EC for expansion of the existing industries in that area. Even in cases where the CPCB had suggested for phasing out such industries and shift to some other place and in such cases, what is the criteria to be adopted by the MoEF&CC in allowing the application for EC for new units and expansion.

50. Furthermore, we requested Mr. G.M. Syed Nurullah Sheriff, the learned Standing Counsel appearing for the MoEF&CC in several matters to assist the Tribunal in these matters and they were directed to file their respective response to this Tribunal. The State of Telangana was also directed to report regarding the present status of the acquisition of land, obtaining EC for the purpose of establishing the industrial estate to shift the sponge iron industries located in that area before the next hearing date and the Chief Secretary to Government, State of Telangana was directed to file an affidavit in this regard. The TSPCB was also directed to file a present status of the proceedings on the basis of the directions issued by this Tribunal and the present status of the alleged erring units against whom closure orders have been issued, as there was an allegation made by the learned counsel appearing for the applicant in O.A. No.04 of 2019 (SZ) that despite closure orders issued, these units were still functioning.

51. Pursuant to the direction of the Tribunal, the TSPCB has filed the report dated 27.08.2022, e-filed on 28.08.2022 which reads as follows:-

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STATUS REPORT DATED 27-08-2022 OF TELANGANA STATE POLLUTION CONTROL BOARD IN OA No.4 OF 2019; OA No.4 OF 2020 AND OA No.5 OF 2020 AS PER

HON'BLE NGT ORDER DATED 16.08.2022. It is to submit that the Hon'ble NGT, Chennai vide order dated 16.08.2022 in OA No.4 of 2019 filed against M/s. Bilasraika Sponge Iron Pvt Ltd; OA Nos. 4 & 5 of 2020 filed against M/s.Anand Metallics & Power (Pvt) Ltd., & M/s. Om Shiv Shakti Metal Industries Ltd., (Kedia Alloys Ltd.) ordered as follows: -

"The State Pollution Control Board is also directed to file a present status of the proceedings initiated on the basis of the directions issued by this Tribunal and the present status of the alleged erring units against whom closure orders have been issued".

In this regard the following is submitted: -

Siting criteria quidelines:

The Board was receiving complaints against the Sponge Iron Plants particularly those lacated near to the habitation. To ensure proper regulation of Sponge Iron Plants, the Pollution Control Board has constituted a Technical Committee and based on the recommendations of the Technical Committee, the Board has formulated the following guidelines on 06.10.2005 for establishment of Sponge Iron Plants (Annexure-I) : -

1. No population shall exist within 1 Km from the periphery of the unit.

2. In case of recreational areas the distance shall be 2 Km from the periphery.

3. No other Sponge Iron Plants shall be located within 1 Km.

4. The distance between the boundary of the site and the boundary of the a. National Highway and State Highway shall be — 500 m. b. Major District roads — 100 m, other roads — 25 m.

5. The distance between the boundary of the site and the boundary of the gardens / horticulture / orchards / agricultural lands — 1 Km.

Subsequently, the MoEF, Gol vide G.S.R.414 (E), dated 30.05.2008 (Annexure-II) notified guidelines for the Sponge Iron Plants under Environment (Protection) Rules, 1996 regarding stack height, emissions standards, effluent standards etc. The MoEF guidelines stated that siting of new Sponge Iron Plants shall be as per respective State Pollution Control Board guidelines. However the following aspects shall also be considered:

a) Residential habitation (residential localities / village) and ecologically and / or otherwise sensitive areas: A minimum distance of at least 1000 m (1.0 km) to be maintained.

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b) If any plant / cluster of plants are located within 1 km from any residential area / village they may be shifted by State Pollution Control Board / State Govt. in a phased manner for which a time bound action plan is to be prepared by SPCBs.

c) The location of Sponge Iron Plant should be at least 500 m away from National Highway and State Highway.

d) Radial distance between two Sponge Iron Plants should be 5 km fo- plants having capacity 1000 TPD or more.

Sponge Iron Plants can be established in designated industrial areas / Estates as notified by State Govt.

The individual status of three Sponge Iron Plants is as follows: - I, M/s Bilasraika Sponge Iron India Pvt. Ltd., Gundlapotlapally Village, Balanagar Mandal, Mahaboobnagar District

1. M/s Bilasraika Sponge Iron India Pvt. Ltd. is a Sponge Iron manufacturing unit with a production capacity of 166 TPD (Two Kilns of each 100 TPD & 66 TPD). The industry has obtained CFO of the Board vide order dated 19.08.2017 for production of Sponge Iron (Two Kilns — 100 TPD + 66 TPD) - 166 Tons/day which is valid upto 31.05.2022.

The industry has two nos. of kilns of capacity 100 TPD (Kiln — I) & 66 TPD (Kiln — IT). During the inspection the industry was operating both the kilns. The industry has ESPs (2 Nos.) to the kilns as APCE and are attached to common chimney of 49 m height.

The industry has provided heat exchanger in place of GCT to the kiln-I (100 TPD) and provided GCT to kiln — II (66 TPD).

The industry has provided closed room with MS sheets to the bottom of the Heat exchanger for collection of dust and storing within the room. The industry has provided wet scrapper with collection pits to the ESP — I & ESP - II to collect the dust in wet form.

The industry has provided wet scrapper with sludge collection pits individually at ABC— I&II, GCT — II and ESP — I, ESP- II to collect dust in wet form. The industry has rectified ducts leakages at ID Fans of Kiln — I & Kiln — II, 10 . The industry has provided bag filters at i) Coal Crusher ii) Stock house iii) Injection coal conveyor iv) Cooler discharge v) Intermediate bin vi) Product house top and vii) Iron ore circuit.

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11. The industry has installed separate bag filters to the both kilns outlet paints and provided with closed chamber to the bag filter for collecting and storage of dust.

12. The industry has provided closed roams to all bag filters to collect the dust and storage within the room at Coal crusher, Stock house, Injection coal conveyor, Intermediate bin, cooler discharge, Iron ore circuit, Injection coal conveyer.

13. The industry has provided RCC Walls two sides to the Kilns transfer chute and Cooler inlet to avoid the cooling water spillages.

14 . The industry has provided claddings conveyor belt and closed bottom with M.S. Sheets at coal crusher.

15. The industry has provided closed shed for storage of coal. The industry has pravided closed shed for storage of Iron ore Pellets and also provided closed shed for Ground Hopper.

16. The industry has provided closed shed for Product House bunker to unload product directly into the trucks within closed premises.

17, The industry has provided closed shed to the iron ore pellets transfer points with attached bag filter.

18. The industry has provided cladding sheets to all conveyor belts and transfer points with MS Sheets.

19 . The industry has provided fixed water sprinklers at near the process area, coal storage shed, along the internal Roads, coal & iron ore ground hopper, kiln area, product house and within coal storage shed. The industry has also water sprinklers at top of conveyor belts, transfer points and Road leading to product House to Weigh Bridge.

20. The industry has provided 2 Nos. of mechanical flow meters at raw water collection sump. One flow meter for water sprinklers & another for process and maintaining the water consumption records.

21. The industry has developed green belt along the west and south side compound walls and also planted saplings i.e. near coal shed, internal roads, kiln area, stock house and product house.

22. The industry has installed IP camera to the ABC cap and installed continuous online stack monitoring system to the stack attached to the kilns and connected to the TSPCB Server.

23. The industry has also installed 4 Nos. of IP cameras at corners of the industry. But not connected to the TSPCB server and also not provided recording facility.

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24. The industry has PLC system for recording the opening and closing time of emergency cap to the ABC.

25, The industry has provided lorry parking area with concreted platform within the premises.

26. The nearest village is Rangareddyguda is located at a distance of about 400 m. The nearest residence is at a distance of 350 m from the industry.

27. The industry has not provided wind breaking wall with height of 25 ft. along with compound wall towards approach Road and village to avoid the inconvenience to the Road passers.

28. The emissions directly let out through chimney, while power interruption and tripping of ESP due to power failures. The industry representative informed that, they are immediately restoring alternative power supply by operating Generators for APCEs operation continuously.

29. As per the earlier directions of Hon'ble NGT, the Board has levied Environmental compensation of Rs.4,21,50,000/- to M/s. Bilasraika Sponge Iron India Pvt "td.

30. The industry vide letter dated 29.12.2021 requested the Board that they will remit the Environmental Compensation (EC) in three instalments. The Board vide jetter dated 02.02.2022 directed that the industry shall remit the EC as per the following schedule:-

Instalment Amount Time line

FIRST Rs.1,40,50,000/- (Rupees One Crores | Immediately

Forty Lakh Fifty Thousand only)

SECOND Rs.1,40,50,000/- (Rupees One Crores | After one month from the date of Forty Lakh Fifty Thousand only) payment of the 1* instalment

THIRD Rs.1,40,50,000/- (Rupees One Crores After one month from the date of Forty Lakh Fifty Thousand only) payment of the 2 instalment

31. The industry has paid the EC of Rs.1,40,50,000/- to the Board on 10.02.2022 and not paid 2" & 3" installments of Rs.2,81,00,000/-.

32. Subsequently, the industry vide letter dated 17.05.2022 requested the Board to issue permission to continue production activity. The Board vide letter dated 07.06.2022 directed the industry to pay the balance EC amount immediately, failing which the Board will be constrained to take action as per Law. However, the industry has not paid the EC amount.

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33. The issue was discussed in the Task Force Hearing in TSPCB held on 28.07.2022. After detailed discussions, the Task Force Committee recommended to issue Closure orders to the above industry for not remitting the balance Environmental Compensation of Rs.2,81,00,000/- (Rupees Two Crores Eighty One Lakhs) i.e., 2"? and 37 instalments even after giving sufficient time and not yet complied with Board directions viz., not connected the IP cameras at corners of the industry to TSPCB server and not provided wind breaking walls with height of 25 feet along the compound wall towards approach road & village.

34. The Board issued closure orders to the industry for the above reasons vide Order dated 03.08.2022 and also issued power disconnection orders to the TSSPDCL vide Order dated 03.08.2022. The TSSPDCL has disconnected the power supply to the industry.

ILM/s. Anand Metallics & Power (Pvt.) Ltd., Sy.No. 275, Kodicherla Kothur (M), Rangareddy (formerly Mahaboobnagar) District.

1. M/s. Anand Metallics & Power (Pvt.) Ltd is a Sponge Iron manufacturing unit.

. The industry has obtained CFO of the Board vide order dated 26.08.2021 for Sponge Iron — 100 TPD (One Kiln) for a period upto 30.04.2026.

. The industry uses Coal, Iron and Lime Stone as raw materials for production of Sponge Tron.

. The industry consumes total water of about 175 KLD, out of which 150 KLD for Cooling makeup, 15 KLD for Domestic and 10 KLD for gardening. The industry generates wastewater of about 10 KLD from domestic section only, which are letting out into septic tank.

. The industry has one Rotary Kiln of capacity 100 TPD. During the inspection, the Kiln was in operation.

. The industry has provided ESP as APCE to the Kiln.

. The industry has installed Bag Filters at various locations viz., 1) Coal Crusher 2) Stock house 3) Intermediate Bin 4) Cooler discharge and 5) Product House to control the fugitive dust emissions.

. The industry has provided separate individual closed rooms to all the bag filters to collect the dust and storing within the roam at the following locations.

1) Coal Crusher 2) Stock house 3) Intermediate Bin 4) Cooler discharge 5) Product House

. The industry has provided separate energy meters and hour meters for the air pollution control equipments .i.e., Coal Crusher Bag filter, Stock House Bag filter, Intermediate

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Bin Bag filter, Product House Bag filter, ESP-ID Fan, GCT Pump and maintaining energy consumption records.

10. The industry has provided cladding with M.S. Sheets to Coal Crusher, Screen, Stock House, Intermediate Bin House, Product House, CD House, Kiln Inlet & Outlet points and _ to all conveyer belts and at all transfer points to arrest fugitive emissions.

11. The industry has provided claddings to ABC cap with M.S, Sheets.

12. The industry has provided fixed water sprinklers at Iron Ore and Coal ground hoppers, near process area, along the Internal Roads and near the Raw material storage sheds.The industry has also provided fixed water sprinklers on top of conveyor belts at various locations to control fugitive dust emissions. The industry provided separate energy meter to the water sprinklers and maintaining the records.

13. The industry has provided separate energy meter to the ESP and other APC equipment and maintaining the records.

14. The industry has provided closed sheds for storage of Raw materials viz., Iron Ore, Lime Stone and Coal.

15. The industry has also provided wet scrappers with sludge collection tank to the ESP, GCT & ABC Cap to collect the dust in wet form to avoid the fugitive dust emissions.

16. The industry generates solid waste such as ESP dust, Bag filter dust and Char & Dolo char. The industry disposing solid waste such as ESP dust, Bag filter dust and Char & Dolo char to the outside parties.

17. The industry has installed PLC system for recording opening and closing time of emergency cap to the ABC.

18. The industry has installed continuous online stack monitoring system to the stack attached kiln and connected to the TSPCB Website.

19. The industry has installed 2 Nos. of IP cameras, one is at ABC Cap and another is for ESP stack and connected to the TSPCB Server.

20. The industry has provided 4 Nos. of IP cameras at 4 corners of the premises and connected to TSPCB server.

21. The industry has laid RCC roads near the process area and other areas.

22. The industry was maintaining moderate housekeeping.

23. The industry has concreted platform for lorry parking within the premises.

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24. The industry has constructed compound wall towards residential houses. Greenbelt developed along the boundary walls and between the process area to adjacent Thanda side.

25. Earlier, the Board has issued Closure order to the industry vide order dated 11.09.2018 for non-compliance of Board's directions / conditions. Subsequently, based on the compliance, revocation of closure orders were being issued to the industry. The latest temporary revocation order was issued on 06.04.2022 for a period of six months i.e., upto 05.10.2022 and the industry is kept under observation.

26. The industry has submitted two Bank Guarantees of Rs.6 Lakhs and Rs. 10 Lakhs, which are valid upto 13.02.2023.

27. Recently, a complaint made by Sri.V.Bhasker was forwarded by CPCB to the TSPCB for causing air pollution by the industry. The same will be reviewed in the ensuing Task Force Committee meeting and necessary action will be taken as per the recommendations of the Committee.

TIt.M/s. Om Shiv Shakti Iron Industries Pvt. Ltd.,(Formeriy Kedia Alloys Ltd. Sy.No.256 & 257, Mogiligidha (V), Shadnagar (M), Rangareddy District

1. M/s. Om Shiv Shakti Metal Industries Ltd., (Kedia Alloys Ltd.,) is involved in production of Sponge Iron with one kiln— 100 TPD.

2. The industry has obtained CFO of the Board vide order dated 20.06.2022 for production of Sponge Iron — 100 (one kiln) Tons/day which is valid upto 28.02.2027.

3. The industry has Rotary Kiln of capacity 100 TPD. During inspection, the kiln was in operation.

4. The industry consumes total water of about 264 KLD, out of Cooling (kiln cooler, GCT & ABC) — 240 KLD and Domestic - 24 KLD. The industry generates wastewater of about 20 KLD from domestic section, which are letting out into septic tank.

5. The industry has provided fixed water sprinklers at various areas along the roads, at ground hopper, kiln area and at coal storage shed.

6. The industry has provided closed sheds for storage of raw material i.e., coal and iron ore.

7. The industry has also provided closed shed of for storage of dolachar, char coal and Sponge Iron

8. The industry has provided Bag Filters at crusher, screen, Stock house, Intermediate Bin, Product House, cooler discharge and provided closed rooms to the Bag filters to collect the dust and storage

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. The industry has provided separate Energy meters to ESP, GCT and bag filters provided at coal crusher, screen, Intermediate bin, product House, kiln outlet, Cooler Discharge and maintaining the energy consumption records.

10. The industry has provided ESP as.Air pollution control Equipment to the kiln of capacity

100 TPD and chimney of height is about 33 mtrs.

11. The industry has provided wet scrappers to the GCT & ABC Cap to collect the dust in wet form. The industry has constructed common RCC drain from ABC, GCT and ESP and routed to a common sludge collection pit which is away from the source j.e. ABC Cap, GCT and ESP. The sludge is collected from the pit and stored on the RCC platform to dry the sludge.

12. The industry has provided cladding with MS Sheets to Crusher house, Screen house, Stock house, Kiln Inlet, Intermediate Bin, Kiln outlet and CD house, all the conveyer belts, at all transfer points, to the kiln outlet and Cooler Discharge.

13. The industry generates Hazardous / solid waste viz., Dust & solid waste (Char &Dolo Char) — 10 TPD (Shall be sent to brick manufacturing industries) and Used oil — 1200 LPA (Shall be sent to authorized re-processors /Recyclers.

14. The industry has provided IP camera to ABC cap with recording facility and connected to TSPCB server.

15. As per the Board directions the industry has installed 4 Nos. of IP Cameras with TILT Zoom facility at 4 corners of the premises and connected to TSPCB server.

16. The industry has laid concreted road from entrance gate to ground hopper and has to lay at coal and iron ore shed area.

17. The industry has provided concrete platform for lorry parking within the premises.

18. Earlier, the Board has issued Closure order to the industry vide order dated 23.03.2018 for non-compliance of Board's directions / conditions. Subsequently, based on the compliance, revocation of closure orders were being issued to the industry. The latest temporary revocation order was issued on 24.05.2022 for a period of one year i.e., upto 23.05.2023 and the industry is kept under observation.

19. The industry has submitted Bank Guarantee of Rs.4 Lakhs which is valid upzo 31.08.2022. The Telangana State Industrial Infrastructure Corporation (TSIIC) Ltd., Industries & Commerce Dept., Government of Telangana is the concerned agency for identifying suitable site and development of infrastructure for shifting of the Sponge fron Plants.

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Out of the three Sponge Iron Plants, one of the plant i.e., M/s. Bilasraika Sponge Iron India Pvt Ltd., has been issued with the closure order and presently not in operation... The remaining two sponge iron plants i.e., M/s.Anand Metallics & Power (Pvt) Ltd., & M/s. Om Shiv Shakti Metal Industries Ltd., have been issued with the temporary revocation of closure orders and these industries are kept under observation.

52. The MoEF&CC has produced their response pursuant to the directions issued e-filed on 26.08.202 which reads as follows:-

"Response on behalf of Ministry of Environment. Forest and Climate Change in Compliance to Hon'ble Tribunal order dated 16.08.2022 in OA No. 04 of 2019 in the matter of Anirudh Reddy Vs. Union of India and Ors. pending before the Hon'ble NGT (SZ) Chennai.

In the matter of O.A. no. 04 of 2019 the applicant alleged that sponge iron plant of Respondent no.5 (Bilasraika Sponge Iron Plant Pvt. Ltd) is situated within 300-400 meters from the residential areas and causing pollution of the surrounding areas. The Hon'ble Court vide order dated 16.08.2022 passed direction, which is reproduced as below;

"The Ministry of Environment, Forests and Climate Change is directed to file a detailed explanation regarding the siting criteria for Sponge iron Industries, whether they are considering the guidelines issued by the Central Pollution Control Board regarding such siting criteria while appraising the application for environmental clearance and if there is any modification made by them in the siting criteria either overlooking or in addition to the guidelines issued by the Central Pollution Control Board for the purpose of considering the application for environmental clearance for new units in the area, if any environmental clearance for expansion of the existing industries in that area. Even in cases where the Central Pollution Control Board had suggested for phasing out such industries and shift to some other place and in such cases, what is the criteria to be adopted by the Ministry of Environment, Forests and Climate Change in allowing the application for environmental clearance for new units and expansion. In compliance to Hon'ble Tribunal order dated 16.08.2022 the followings are submitted:

l. That in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986 read with clause (d) of sub rule (3) of rule 5 of the Environment (Protection) Rules, 1986. Ministry of Environment, Forest and Climate Change had notified the Environment Impact Notification, 2006 on 14.09.2006 vide S.o.1533(E). The copy of notification is annexed as Annexure-l.

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2. That the Environment Impact Assessment Notification, 2006 (as amended from time to time) has decentralized the Environment clearance process by categorizing the developmental projects in two categories, i.e., Category 'A" project and Category ,B,. The Category 'A' projects are appraised at Central Level by the Expert Appraisal Committee and Category 'B' projects is appraised at State Level Expert Appraisal committee. State Level Environment Impact Assessment Authority and state Level Expert Appraisal committee are constituted to provide clearance to Category B projects.

3. That the primary role of EAC/SEAC is to assess the project proposals and provide recommendations to MoEF&CC/SEIAA after due diligence on the potential environmental impacts of the developmental project. Based on the recommendations of EAC/SEAC, the MoEF&CCSEIAA accords Environment clearance to the project proponent subject to stipulation of mitigation measures along with environment safeguards.

4. That the sponge iron manufacturing industries falls under the activity 3(a) [metallurgical industries (ferrous & non-ferrous)] of the Schedule of the EIA Notification, 2006. The same is reproduced herewith:

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5. The EAC while apprising the projects related to the prior environmental clearance involving sponge iron industries prescribes the specific conditions stating that the sponge iron kiln shall be equipped with WHRB to utilize the waste heat and action plan for utilization of dolochar generated from the sponge iron kiln for power plants are being prescribed.

6. That in view of the above, it is most humbly prayed that this Hon'ble Tribunal may kindly pass such order(s) as may be deemed fit and proper in the facts and circumstances of the case."

53. The CPCB has filed the report dated 26.08.2022, e-filed on 26.08.2022 which reads as follows:-

"Report filed on behalf of the Central Pollution Control Board, Respondent No.2

1. xxx … xxx …

2. It is submitted that the study based on which the Comprehensive Industry Document Series ( COINDS ) document for sponge iron plants was published by CPCB in March 2007 ( COINDS / 66 / 2006-07 ) was carried out for development of environmental standards for sponge iron plants. The said COINDS document was not developed on the basis of any complaints or any directions given by any Court. The copy of the COINDS document published by CPCB in March 2007 is annexed as Annexure 1.

3. It is submitted that the environmental standards which were developed based on the above study have been notified under Environment (Protection) Rules, 1986. The copy of the notified standards for sponge iron plants in the year 2008 is annexed as Annexure 2. However , the guidelines in section 7.11 of the said COINDS document are not notified under the Environment (Protection) Act, 1986 and the Environment (Protection) Rules, 1986 nor any directions were issued under section 18 of the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 regarding these guidelines. These guidelines were advisory / suggestive in nature for SPCBs / PCCs.

4. It is further submitted that CPCB has not published any further guidelines after 2008 for sponge iron plants."

54. They also produced certain documents as annexure along with the report.

55. Mr. G.M. Syed Nurullah Sheriff, the learned Standing Counsel appearing for the MoEF&CC also produced certain notifications dated 30.05.2008 issued in respect of sponge iron industries.

56. The applicant also produced certain documents in support of their case.

57. The SPCB also filed a further status report dated 05.09.2022, pursuant to the direction issued by this Tribunal when the case was taken up for Judgment after hearing, e-filed on the same day which reads as follows:-

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1

REPORT DATED 05-09-2022? OF TELANGANA STATE POLLUTION CONTROL BOARD IN OA No.4 OF 2019: OA No.4 OF 2020 AND OA No.5 OF 2020. It is to submit that the Hon'ble NGT, Chennai during hearing held on 29.08.2022 directed the TSPCB and other respondents to file report before the Hon'ble NGT. In this regard, the following is submitted: -

The details of the Sponge Iron Plants located in the State of Telangana:

Sl. Name & Address of Yearof | Distance from Compliance of Remarks No. | the Industry Commis | the habitation industry as per

sioning Siting guidelines

of MOEF&CC

1. M/s.Sunder Ispath April, Thanda is at e The industry is e The unit is in Spenge Iron Ltd., 2005 577.0 m and not complying Operation. (Sponge Iron Ippalapally village with the « As per CFO Order, Division) ,Sy.No,268A/2 is at 784 m from distance criteria capacity of Sponge 76, Ippalapally Village, the industry of 1000 mitrs Iron - 100 TPD (one Kesampet Mandal, boundary from the Kiln),

Rangareddy Habitation. * CFO valid upte

4 District,509408. 31.05.2025 e The industry is not in Industrial area/

Estate.

2, M/s,OM Shiv Shakthi April, Kandivanam e The industry is e The unit is in Iron Industries Private 2005 village is at not complying Operation. Limited (Formerly Kedia distance of 500 m with the « As per CFO Order, Alloys Limited), in Southern distance criteria capacity of Sponge Sy.No.256, Mogiligidda direction from the of 1000 mtrs Iron - 100 TPD (one Village, Naer industry from the Kiln).

Kaudivanam Village, boundary. Habitation. » CFO valid upto Farooqnagar Mandal, 28.02.2027,

Rangareddy e The industry is not in

Industrial area /

Estate.

3. M/s. Bilasarika Sponge October, | Gundlapotlapally |e The industry is ® The unit is not in Iron india Pvt 2005 village is at 0.9 not complying operation.

Ltd.,,Sy.No.163 & 164, Km and with the s AS per CFO Order,

Gundlaputlapally Rangareddyguda distance criteria capacity of Sponge Village, Balanagar vilage is at 0.4 of 1000 mtrs fron - 1665 TPD with Mandal, Mahboobnagar km. from the Two Kilns.

District, 509202 Habitation. e CFO valid upto The nearest 31.05.2022 residence is at a 2 The industry is not in distance of 350 m Industrial area / from the industry. Estate. e The Board issued closure order to the industry and power disconnection orders to TSSPDCL vide orders 03.08.2022. e The TSSPDCL has disconnected the power supply.

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M/s, Binjusaria Sponge April, Shadnagar v & ^illP ^ao ^gw ^e er (P) Ltd., The industry is 2005 The unit is in is at i.5 km Sy.No.308, 30

complying. 9, 395 to Operation 399, Farooqnagar As per CFO Order, Village, Shadnagar capacity of Sponge Mandal, Rangareddy fron - 100 TPD (one District,509216. Kiin).

CFO valid upto

31.05.2026

The industry is not in _| Industrial area /

1 M/s. Anand Metallics & | N Eo sv te atm eb e Kodicherla v P io lw le agr e |» The industP ry yt . is r, 20 T0 h5 e unit is is at i n 0.85 km Ltd.,,Sy.No n. ot2 75 c, o mplying Operationf .r om the indust K ro yd icherla with theV illage, As per Cb FOo und Ora dr ey r , Kothur distancM ea nda cl ri, t eria capacity of Sponge Rangareddy o f 1000 mtrs Iron - 100 TPD (one | District,50 fr9 o2 m2 8. the Kiln). Habitation. CFO valid upto ' 30.04.2026 The industry is not in _ Industrial area / Estate

M/s. Vinayak Steels, March, Kothur village

Un isi t-II, * ,Sy. TN ho e. 97 i ndu& s t9 r8 y, is 2005 T he unia tt 3 is1 2 i n m from

JP Darga noR to ad c, o mpK lo yt ih nu gr Operation, the industry

(WV) &(M), witR ha n tg ha er eddy As per Cb FOo und Ora dr ey r ,

Dist,50922 di8 s. t ance criteria Capacity of Sponge

of 1000 mérs Tron - 100 TPD (one

from the Kiln).

| Habitation. CFO vaiid upto 31.03.2027 | The Industry is not in | Industrial area / Estate 7. ; Sri Shiv Shakthi Steel & | Novembe Veerlapally villa| gA ei loy |e s,Sy Th. eN o. i5 n6 d5 u, st ry is r, Th2 e0 05 u nit isi s ia n t 920 m from Veeriapa nl ol ty complyV ii nl gi age, Operation. the In| dustry Kothur with the Mandl, As per Cb Fo Ou nd Oa rr dey r , Rangared dd isy t ance criteria capacity of Sponge

| District,509228. of 1000 mtrs | {ron - 200 TPD (two from the Kilns).

| Habitation, CFO valid upto

| 31.07.2022

i The industry is not in | Industrial area / Estate 8 . Reactive Metals of India April, Appajipally e Pv Tt h e Lt id n. d, u, sS ty r. yN o. is 34, The unit2 0 i0 s 5 in Village is at 1 Km Appajipa

c ll

o y

m pl V

y i

i l

n l

g ag

. e

, Operation. Balanagar Mandal, As per CFO Order, Mahaboobnagar capacity of Sponge

District,509202, Iron - 100 TPD (one Kiln).

CFO valid up to

31.07.2 023 The industry is not in Industrial area / Estate | 9, M/s Naticnal Mineral | 1980 Habitation is at^{Dev ® elo Tp hem en it n} dustry is Unit is^{30 n0 o t} Mtrsⁱⁿ Corpor^naott ion complyingLt d., Operation since 2019, wit(^hSponge Ir^tohne Unit),^{Pa dl io sn tc ah na c} e criteria (V&M), Bhad^{orfa dri}1 000K ^othmatrgsudem Distri^fcrto.m the Habitation. ⁱ o. M/s Bhadradri Sponge 2010 Appalanarsimha - |» The iniron Pvt. Ltd., dustry is The unit is in puram (¥) is at Appalanarsimhapuram complying. Operation. 1.7? Kms and the (V), Nelakondapalli (M), As per CFO Order, hamlet habitation Khammam District. capacity of Sponge is at 1.P4 aKgmes. 5 7 of 85 fron - 100 TPD (one Kiln).

57

se CFO valid up to

31.10.2023

e The industry is not in Industrial area / Estate

1i. M/s Amma Ispath, 2007 Appalanarsimha - |» 'Theindustryis |e The unit is Sick and Appalanarsimhapuram puram is at 1.7 complying. not in operation since (V), Nelakondapalli (M), Kms and the 10 yrs.

Khammam District. hamlet habitation

is at 1.4 Kms.

12. M/s. Jeevaka Industries 2005 Awanicha {V), » The industry is e The unit is in Ltd (Sponge Tron Narsapur (M) is not complying Operation. Division), Sy. No. 63, at 700 m from with the e As per CFO Order, Nasthipur (V), Hatnoora the industry. distance criteria capacity of Sponge (M), Sangareddy of 1000 mtrs Iron - 300 TPD

District from the (Three Kilns).

Habitation. e CFO valid up to

30.11.2022

e The industry is not in Industrial area / Estate

43. M/s Pioneer Tor Steel June, Wadiaram Village |e The industry is e The unit is in Mills Pyt Ltd., 2007 is at 1 KM from complying. Operation. Sponge [ron Division, the industry. e As per CFO Order,

Sy. Nos, 594, 595, 596, capacity of Sponge

597, 602, 616, 618 & Iron - 200 TPD (two

628, 640/2, 640/50 & Kilns).

Others, Wadiaram e CFO valid up to

Village, Chegunta 31.12.2024

Mandal, Medak District e The industry is not in

Industrial area /

Estate

Sy. Nos. 34 - 38, 40, 42 industry. « As per CFO Order,

- 45, 47, 49, 72, 572, capacity of Sponge

645, 646, 647, 650, 651, Iron - 200 TPD {two

655, 656, 662, 679, 680, Kilns).

681, 686 - 692, 697 - e CFO valid up to

699 & 700, Khajapoo 30.11.2025

(V), Shankararmpet (™), e The industry is not in

Medak District. Industrial area /

Estate

15. M/s. Sheetal Shipping & | October, | Thurupugudem e The industry is Sick Metal Processors Ltd., 2007 Village is at 1.2 complying. Sharajipet (V), Alair KM.

(M), Yadadri District.

16. M/s. Seshasai Ispat (P) Decembe | The e The industry is Sick Ltd., r, 2005 | Maqdoompally complying.

Maqdumpally (V), (V) is at 1.3 KM

Bibinagar (M), from the industry. Yadadri District. 17. M/s. Kumar's March, » Venkatapuram | « The industry is | « The unit is in Metallurgical Corp. Ltd., 1993 {V) & Chityal not complying Operation. Vattimarthy (V), Chityal (V) are about with the e As per CFO Order, (M},Nalgonda District. 1 KM and distance capacity of Sponge Vattimarthi criteria of 500 Iron - 200 TPD (two village & mtrs from the Kilns}. Gopaiaipally National » CFO valid up to (V) are 1.5 Highway. 30.09.2022 KM from. the e The industry is not in industry. Industrial area / e National Estate Highway is at 400 mtrs from the industry

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There is no change or advancement in the pollution control equipment / technology after the issue of siting guidelines in 2005. The ESP and Bag filters are still considered as the best available air pollution control equipment and the same were mandated in the guidelines. In view of the above, the existing guidelines hold good in the present existing circumstances."

58. Heard the learned counsel appearing for the applicant and respondents in all these cases.

59. The learned counsel appearing for the applicant in all these cases argued that as per the guidelines issued by the MoEF&CC & CPCB, there was a direction for phased relocation of existing sponge iron industries situated within 1 Km from the residential area/villages which are one of the 17 most polluting industries categorized by the CPCB and this guidelines were issued in the year 2005 and 2008 and in spite of such directions, no effective steps have been taken by the authorities to relocate the industries from the residential area. Further, the Guideline/Code of Practice - 2007 issued by the CPCB along with the Notification has to be treated as a part of the notification issued under Section 3 r/w. Section 5 of the Environment (Protection) Act, 1986 and that will be binding on the authorities. Further, the 5^threspondent in O.A. No.04 of 2019 (SZ) is a unit which is a non-compliant unit and several times closure orders have been issued and as such, necessary directions will have to be issued for completing the relocation process within a time frame by the State of Telangana, especially when the TSPCB had taken a stand that such industries will have to be relocated. Once the siting criteria has been fixed by the regulators for establishing the polluting industries that will have to be strictly adhered to, as protection of health is the priority of the State and inconvenience caused to the industries should not stand in the way of protecting the life of the people which is guaranteed under Article 21 of the Constitution of India. Even if it is taken that the guidelines were only recommendatory in nature (though not admitted), even then the Tribunal can applying the „Precautionary Principle" and also the nature of pollution that is being caused on account of such industries, direct relocation of the industries to another place away from the residential area so as to protect the life of the people who are likely to be affected on

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account of the air and water pollution that is likely to be caused on account of the operation of such units.

60. The learned counsel appearing for the CPCB argued that they have issued the guidelines and it is for the State Government to take a policy decision and prepare an action plan through the SPCB and thereafter, it is for them to take steps to relocate the industries. The viability and financial investment etc. have to be considered by the State Government while considering the industries to be shifted or relocated.

61. The learned counsel appearing for the MoEF&CC also argued and produced the documents to show the nature of notifications issued in this regard.

62. The learned Senior Advocate Mr. Sathish Parasuran appearing for the 5^th respondent in O.A. No.04 of 2019 (SZ) argued that most of the units were established even prior to the guidelines and the Guidelines-2008 will go to show that it will apply to new industries and it is not applicable to the existing industries and as regards the existing industries even as per the guidelines, it cannot be simply implemented by giving direction and it is for the State Government to evolve an action plan as to how this will have to be implemented taking into several aspects including financial commitment, hardship that is likely to be caused to the industries which has already invested huge amount and also invested for pollution control mechanism on the basis of the directions issued by the Pollution Control Board from time to time whenever they were inspecting the units and found that certain improvements were required to protect the environment. Further, both the MoEF&CC and CPCB were granting EC as well as Consent to such industries even though the guideline was issued in the year 2008. Even expansions of projects were also considered by the MoEF&CC or SEIAA as the case may be, and they are issuing EC even thereafter and on that basis, certain more amounts were invested by the industries.

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63. The learned Senior Advocate further argued that only those industries which are established after the notification and non-compliant units alone need to be considered for relocation if at all the Tribunal feels that such relocation is required. Further, most of the residences have come after the establishment of the units and as such, in such cases, it cannot be said that the siting criteria has been violated. As regards the compensation imposed by the TSPCB is concerned, though they have submitted their objections, the same has not been considered and merely because a portion of the amount was deposited cannot be treated as an admission on the liability and that was submitted without prejudice to the right to challenge the same and this can be challenged only before this Tribunal or if the Tribunal relegates that power to the TSPCB to pass final orders after considering the objections, then they can prefer an appeal, if they are aggrieved under the respective statutes.

64. So, according to the learned Senior Advocate appearing for the 5^th respondent in O.A. No.04 of 2019, since it is a policy decision to be taken by the State Government, this Tribunal cannot issue any direction detriment to the interest of the industries which is against the principle of „Sustainable Development".

65. The learned counsel appearing for the additional 5^threspondent in O.A. No.04 of 2020 (SZ) argued more or less supporting the submissions made by the learned Senior Advocate appearing for the 5^threspondent in O.A. No.04 of 2019 (SZ). The learned counsel also argued that their unit was established prior to 2005 and 2008 notification and EC for further expansion of the unit was also granted and on the basis of the directions issued by the authority under the EIA Notification, 2006 and for complying with the conditions imposed in the EC granted, they have acquired another 30 Acres of land and they are having nearly 85 Acres of land in their possession and they have developed the greenbelt in an area more than 40% of the total extent of the property in their possession. Further, they are complying units and if at all the Tribunal wants to shift the unit that can be confined to those units which are non-complying in nature including the siting criteria established after the guidelines issued and subject to the action plan to be prepared by the State Government

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and an ipso facto direction straight away cannot be granted by the Tribunal which may affect the industrial development. Further, the industries were established long ago and the residences have been developed only thereafter and the present state of affairs cannot be taken into consideration for the purpose of considering the question as to whether relocation is required or not. So, he prayed for issuing appropriate direction to the State Government to evolve an action plan and take appropriate steps instead of issuing blanket directions straight away directing the industries to relocate.

66. The learned counsel appearing for the TSPCB argued that whenever complaints were received, they used to inspect and issue directions including the closure orders and only after satisfaction of the compliance of the directions issued, the revocation on periodical basis is being given and only complete satisfaction of the compliance, they used to revoke the closure order permanently. Further, as regards the 5^threspondent in O.A. No.04 of 2019 (SZ) is concerned, they were violating unit and several times, closure orders/further directions have been issued and even at the time of inspection by the Board"s Task Force Committee, it was found that they are non-complying unit and on that basis, closure orders have been issued. Further, compensation was assessed on the basis of the formulae evolved by the CPCB and in fact, on the request of the 5^th respondent in O.A. No.04 of 2019, a sum of Rs.4,21,50,000/- (Rupees Four Crore Twenty One Lakh and Fifty Thousand only) was directed to be deposited in three instalments of Rs.1,40,50,000/- (Rupees One Crore Forty Lakh and Fifty Thousand only). So, as such they cannot now say that there is no opportunity was given to them. Moreover, considering the nature of pollution that is likely to be caused on account of these units, they have requested the State Government to relocate these units by forming an industrial park to such type of industries and on that basis, the Government has acquired lands and steps will be taken by them for relocating the same. They will abide by any directions issued by the Tribunal.

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67. The learned counsel appearing for the State of Telangana argued that on the basis of the directions issued by this Tribunal, action plan was evolved by the State for relocating the sponge iron plants and they have acquired certain lands and the application for EC is pending before the authorities. Once the EC for industrial park is obtained, they will evolve a policy of identifying the industries for relocation and issue necessary directions in this regard. The learned counsel also submitted that they will abide by any directions issued by this Tribunal in this regard.

68. The learned counsel Mr. G.M. Syed Nurullah Sheriff who was requested to assist the Tribunal relied on the notification issued by the MoEF&CC and argued that they are only concerned about the standard provided under the EIA Notification, 2006 and amended from time to time while granting the EC and the Expert Appraisal Committee is expected to evaluate the environmental issues and recommend with recommendation or decline to recommend. Further, the siting criteria etc. are within the purview of the State Government and the CPCB depending on the nature of the industries and pollution that is being caused on account of the same.

69. The learned counsel appearing for the CPCB argued that the guidelines were issued in 2007 based on the Comprehensive Industry Document Series (hereinafter referred to as 'COINDS') for the purpose of development of environmental standards for sponge iron plants and it was not developed based on any complaints or directions given by any Court. Subsequently, the environmental standard which were developed based on the above studies have been notified under the Environment (Protection) Act, 1986 in 2008. There was no specific direction or notification issued in this regard on the basis of any direction issued or otherwise, but the learned counsel submitted that it is for the Tribunal to assess the situation and issue any directions in this regard and they will abide by the same.

70. We have considered the pleadings, reports, submissions made by the learned counsel appearing for the parties and also perused the documents available on record.

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71. The common points that arose for consideration are:-

a. What is the nature of directions to be issued in the circumstances of the case in respect of shifting of sponge iron industries on the basis of the Guidelines/Code of Practice of Pollution Prevention for Sponge Plants, 2007 issued by the CPCB and the TSPCB?

b. What is the nature of further directions in this regard to be issued by this Tribunal, if the guidelines are only in the nature of regulatory and not mandatory in nature applying the principles of „Precautionary Principle" and „Sustainable Development" to protect the environment and life of the people in that area?

c. As regards the 5^threspondent in O.A.No.04 of 2019 (SZ) is concerned, what is the nature of directions to be issued, including the environmental compensation assessed by the TSPCB for the alleged violations noticed by them during the time of inspection?

d. What is the nature of general directions (if any) to be issued considering the circumstances of the case?

e. Relief and costs.

POINTS:-

72. Grievance in O.A. No.04 of 2019 (SZ) by the applicants was that on account of the operation of the 5^threspondent unit viz., M/s. Bilasraika Sponge Iron India Private Limited, there are lot of pollution caused and though on several occasions on the basis of the complaints, inspections were conducted and closure orders have been issued and subsequently, temporary revocation orders have been issued and despite, pollution on account of their operation still continues. Further, as per the guidelines issued by the CPCB and SPCB, no sponge iron industries be located within 1 Km from the residential area / villages and even if there are existing industries, they will have to be shifted in a phased manner and all those industries are within 1 Km radius and as such, the operation of the unit should not be allowed to continue in that area.

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73. Further, the case of the applicant in O.A. No.04 of 2020 and 05 of 2020 (SZ) was that apart from the siting criteria raised by them, they also alleged that M/s. Anand Metallics & Power Private Limited/1^st respondent in O.A. No.04 of 2020 (SZ) and M/s. Om Shiv Shakthi Iron Industries Private Limited/1^strespondent in O.A. No.05 of 2020 (SZ) are also causing pollution and on account of their activities, huge emission of dust and smoke causes health hazards in that area and they also made similar reliefs as claimed in O.A. No.04 of 2019 (SZ).

74. The case of the State Departments was that they have already taken steps to acquire lands for shifting the sponge iron industries and they will have to prepare an action plan for identifying the units to be shifted and what basis, it has to be done etc. They also acquired lands and for the purpose of establishing an industrial estate for accommodating the sponge iron industries, application for EC has been submitted and it is under process.

75. The contention of the TSPCB was that the 5^threspondent in O.A. No.04 of 2019 (SZ) is not a compliant unit and from the inception, they were committing violations and intermittent closure orders have been issued. On every occasion when the Task Force Committee inspected the area, there were certain violations noted and directions were issued. But in spite of all those things, even in the last inspection, there were certain violations noted and dust emission has not brought under control and as such, closure order has been issued. Further, they have assessed the environmental compensation of Rs.4,21,50,000/- (Rupees Four Crore Twenty One Lakh and Fifthy Thousand only) and first instalment of Rs.1,40,50,000/- (Rupees One Crore Forty Lakh and Fifty Thousand only) has been deposited by the 5^threspondent. The allegations that they have not given opportunity etc. are not correct. Only after considering their objection and also on the basis of the Task Force Committee inspection, the days of violation have been calculated. Shifting of the industries are within the purview of the Government and they have also suggested for shifting the industries which are situated within 1 Km from the residential area / villages to a safer place in order to protect the interest of the public.

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76. The contention of the CPCB was that the guidelines issued by them is not under Section 3 r/w Section 5 of the Environment (Protection) Act, 1986 or under Section 18 of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. It was only a guideline and it is for the Government to take appropriate steps regarding this aspect and it is for the TSPCB to evolve an action plan for this purpose.

77. The case of the 5^threspondent in O.A. No.04 of 2019 was that they are compliant unit and the guidelines issued were not having any statutory force and it is only advisory in nature and subsequently, the TSPCB issued guidelines, they have only dealt with the new unit and not in respect of existing units. Further, the compensation awarded is excessive, they have not considered their objections and even the number of days calculated was not correct and even if their case is accepted, 27 days will have to be deducted from the period of violation of 154 days noted from 01.03.2019 to 02.08.2019 as between 27.06.2019 and 23.07.2019, the unit was not in operation and these days will have to be excluded. On 09.04.2019, a temporary revocation was issued and as such, it cannot be said that the violation continues from 01.03.2019 to 02.08.2019. Further, the EC for expansion was granted by the MoEF&CC and that will go to show that there were not very keen on implementing the guidelines issued.

78. The learned counsel appearing for the additional 5^threspondent in O.A. No.04/2020 (SZ) argued that even as per the reports, they are compliant unit and there was no violation noted by the TSPCB when they inspected the unit as well on the basis of the directions of this Tribunal. Further, the learned Senior Advocate appearing for the 5^threspondent in O.A. No.04 of 2019 (SZ) and the learned counsel appearing for the 5^threspondent in O.A. No.04 of 2020 (SZ) argued that the direction for shifting cannot be ordered by mechanically and it is a policy decision to be taken and several aspects including which are all the industries to be shifted, what are all the conditions including compensation and expenses for shifting etc. are to be considered and without considering those aspects, no order for shifting can be granted mechanically by this Tribunal.

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79. The learned counsel appearing for the applicant in all these cases argued that the guidelines issued by the CPCB and the TSPCB have to be treated as a direction issued under the Environment (Protection) Act, 1986 and these guidelines were issued by the MoEF&CC along with the Notification issued in 2008 and it will be treated as a part of the notification having the force of law. But on the other hand, the learned counsel appearing for the sponge iron units argued that it cannot be treated as a subordinate legislation having the force of law capable of enforcing and it is only advisory in nature.

80. In the decision reported in Durairaj Venktachalam Vs. Additional Chief Secretary, Revenue and Disaster Management Department & Ors. [W.P. (MD) No.19218 of 2019 and other connected matters] 2019 SCC Online Mad 8587, the Hon"ble High Court of Madras has observed that when certain guidelines were issued by the Central Government taking into account public health, then that will have the statutory force and that will have to be treated as binding nature. The question as to whether the Indian Road Congress (IRC) Guidelines in respect of establishment of Retail Petroleum Outlet and the distance criteria were under consideration and the Hon"ble High Court of Madras held that it is having binding nature and that will have to be enforced. But the Division Bench of the Hon"ble High Court Madras in W.P. Nos.19218, 2661, 3678 & 705 of 2019 came to the conclusion that it is only in advisory nature and not mandatory in nature and unless, it is accepted by the Government and issued necessary directions, it cannot be treated as having the force of law which can be enforced.

81. So, there is a conflicting decision of the Hon"ble High Court of Madras in this regard. Further, in the decision reported in Indian Oil Corporation Limited & Ors. Vs. Arti Devi Dangi & Ors. reported in MANU/SC/1304/2015 = (2016) 15 SCC 480, the Hon"ble Apex Court has held that when tenders have been issued holding that the IRC Guidelines will have to be adhered to and if the IRC Guidelines were accepted by the concerned State Government, then the persons who applied on the basis of the advertisement and become successful bidder, cannot later say that the particular condition is not having enforceable in nature.

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82. In the decision reported in Syndicate Bank Vs. Ramachandran Pillai & Ors. MANU/SC/0210/2011 = (2011) 15 SCC 398, the Hon"ble Apex Court observed that "If certain guidelines were issued in an executive instructions and unless it was shown that they were issued either under the authority conferred on the Central Government or a State Government or other authority by some Statute or the Constitution. Guidelines or executive instructions which are not statutory in character, are not 'laws', and compliance thereof cannot be enforced through courts. Even if there has been any violation or breach of such non-statutory guidelines, it will not confer any right on any member of the public, to seek a direction in a court of law, for compliance with such guidelines. An order validly made in accordance with a statute (as in this case, the Public Premises Act), cannot be interfered with, even if there has been any transgression of any guidelines, except where it is arbitrary or malafide or in violation of any statutory provision." The above decision was rendered by the Hon"ble Apex Court relying on the earlier decision reported in Union of India Vs. S.L. Abbas 1993 (4) SCC 357, Chief Commercial Manager, South Central Railway, Secundrabad Vs. G. Ratnam 2007 (8) SCC 212 and State of U.P. Vs. Gobardhan Lal 2004 (11) SCC 402.

83. Further, in that decision, it has been observed that "We may however add that this order should not be construed as laying down a proposition that the public sector undertakings and financial institutions to whom the guidelines were addressed, could wilfully ignore or violate the same. Whenever any action is proposed to be taken under the Public Premises Act, the authorities concerned are bound to keep the said guidelines in view, to the extent possible on the facts and circumstances of the respective case. If any public sector undertaking or financial institution is of the view that any of the guidelines are contrary to the provisions of the Act or otherwise unworkable or impractical, they can also seek modification of the guidelines or have their own internal guidelines. What is held in this case is that an unauthorized occupant or tenant against whom action is initiated under the Public Premises Act, cannot resist the proceedings on the ground of noncompliance with the said guidelines."

84. The same view has been reiterated by the Hon"ble Apex Court in Gulf Goans Hotels Company Limited & Anr. Vs. Union of India & Ors.

(2014) 10 SCC 673.

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85. Admittedly, in these cases, the CPCB had mentioned that these guidelines were not issued either under Section 3 r/w Section 5 of the Environment (Protection) Act, 1986 or under Section 18 of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. But they have further contended that it was only a study based on which Comprehensive Industry Document Series (COINDS) for sponge iron plants was published by the CPCB in March 2007 was carried out for development of environmental standards for sponge iron plants. The said COINDS document was not developed on the basis of any complaints or any direction given by the Court. So, it is clear from this that in order to carry out the development of environmental standards of certain industries and based on the study of the COINDS, this was issued by the CPCB. Though it was in the form of guideline, it was intended for the purpose of protecting the environment and providing specific guideline or practice to be adopted for protecting the environment in respect of establishment of polluting industries.

86. In Chapter - 7, they have dealt with the Guidelines/Code of Practice of Pollution Prevention for Sponge Plants, 2007 and in Para 7.9, they have dealt with new sponge iron plants which reads as follows:-

"7.9 New Sponge Iron Plants

(i) No New Sponge Iron Plant will be commissioned without installation of Pollution control systems to achieve the stipulated Standards. The concerned State Pollution Control Board will accord consent to operate only after physical verification of the adequacy of the installed pollution control systems for meeting the standards and stipulated conditions in the consent to establish.

(ii) All new kilns shall have independent stack with the kiln or multi-flue stacks in case two or more kilns are joining the same stack for better dispersion of pollutants.

(iii) Any entrepreneur having more than 2x100 TPD kiln may install WHRB for power generation, as it's a technically viable option, which also qualifies the industry for CDM benefits.

For plants having capacity of 200 TPD or more, power generation using char as part of fuel in boiler is techno-economic viable option, therefore, new plants may install power generation unit at the time of installation of the industry."

87. In 7.11 (b), it was mentioned that if any plant/cluster of plant are located within 1 Km from any residential area / village, they may be shifted by the SPCB / State Government in a phased manner, for which, a time bound action plan is to be prepared by the SPCB. So, it is made clear

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from this that even if it is accepted, it is intended for new sponge iron units but they also wanted the sponge iron plants which are situated within 1 Km from any residential area/village may have to be shifted by the SPCB in a phased manner, for which, a time bound action plan will have to be prepared by the SPCB. But there is nothing on record to show that any such action plan has been prepared by the SPCB in this regard.

88. The Notification which was issued by the MoEF&CC viz., G.S.R. No.414

(E) dated 03.05.2008 issued under Section 6 and 25 of the Environment (Protection) Act, 1986, they have only given the emission standard to be maintained by the sponge iron plant. Though the applicant had produced the Guidelines/Code of Practice for Pollution Prevention for Sponge Plants and claims that it was part of the notification issued by the MoEF&CC (stated supra) that was not made part of the notification which was produced by the CPCB itself along with their report dated

26.08.2022.

89. The Andhra Pradesh SPCB had issued the guidelines dated 06.10.2005 for setting up the sponge iron plant at the time when the Telangana was also part of the United Andhra Pradesh by Circular

No.10/PCB/CFE/Ros&Zos/05-1685 dated 06.10.2005, they have insisted that no population shall exceeds within 1 Km from the periphery of the unit as a condition for the same. They also mentioned that no sponge iron plant shall be located within 1 Km and further siting criteria was that it should be 50 m away from the National Highway and State Highway and 100 m away from the major district roads and 25 m from other roads. The distance between the boundary of the site and boundary of the garden, horticulture, orchards and agricultural lands must be 1 Km. In the case of recreational areas, the distance must be 2 Km from the periphery. So, the circular issued by the Andhra Pradesh SPCB can only be treated a circular issued under Section 18 of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. But there was nothing mentioned about the phasing out of the existing units in this circular. They produced the notification issued by the MoEF&CC dated 30.05.2008 and they have

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annexed the Guidelines/Code of Practice of Pollution Prevention for Sponge Plants, 2007 which was referred to by the applicant in their application, where the Clause - 11 deals with the siting guidelines for sponge iron plants which reads as follows:-

"7.11 Siting Guideline for Sponge Iron Plants Siting of new sponge iron plants shall be as per respective State Pollution Control Board guidelines. However the following aspects shall also be considered:

(a) Residential habitation (residential localities / village) and ecologically and / or otherwise sensitive areas: A minimum distance of at least 1000 m (1.0 km) to be maintained.

(b) If any plant / clusters of plants are located within 1 km from any residential area / village they may be shifted by State Pollution Control Board / State Govt. in a phased manner for which a time bound action plan is to be prepared by SPCBs.

(c) The location of Sponge Iron Plant should be at least 500 m away from National Highway and State Highway.

(d) Radial distance between two Sponge Iron Plants should be 5 km for plants having capacity 1000 TPD or more.

(e) Sponge Iron Plants can be established in designated industrial areas / Estates as notified by State Govt."

90. Here also there was a provision made for shifting the existing sponge iron plants located within 1 Km from the residential area / village in tune with the guidelines issued by the CPCB in 2007. Further, here also the word used is "may be shifted by the SPCB or State Government in a phased manner, for which, time bound action plan is to be prepared by the SPCB". So, it is clear from this that without framing an action plan for phasing out the plants which were in existence prior to 2007 or 2008, no direction to shift the industries mechanically can be issued. An action plan will have to be prepared by the SPCB or State Government, in which, they will have to provide criteria for shifting, modality to be adopted for shifting etc., without which no blanket direction can be issued for shifting the same on the basis of the guidelines referred to by the applicant in the application.

91. It is true even if there is no guidelines of siting criteria etc., the Tribunal has got power under Section 20 of the National Green Tribunal Act, 2010, applying the principles of „Sustainable Development" and „Precautionary Principle" for the purpose of protecting the industries and economic

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development and health of the people and protection of the environment, direction can be issued if the Tribunal was satisfied that existence of that industries will cause health hazard to the people and necessary guidelines can be issued by the Tribunal in this regard. The power of the Tribunal in this regard of issuing directions applying „Precautionary Principle" has been upheld by the Hon"ble Apex Court in Mantri Techno Zone Private Limited Vs. Forward Foundation (2019) 18 SCC 494. So, under such circumstances, this Tribunal rejects the submissions made by the learned counsel appearing for the respondent/sponge iron units that the Tribunal cannot insist for shifting of the units at any cost.

92. Even in the written submissions submitted by the 5^threspondent in O.A. No.04 of 2020 (SZ), it has been mentioned that when it is not mandatory that the unit situated within 1 Km should be shifted, the SPCB ought to come up with clear report on the necessity of shifting of industries, manner of shifting, identification of the land such as large industrial area for shifting the industries and payment of compensation to the existing industries until such time without any materials placed before the Tribunal, it was not possible to come to the definite conclusion that as to whether a fully compliant sponge iron unit to be shifted to a different location only based on the guidelines issued by the MoEF&CC. So, this also only indicate that it is for the State Government and the SPCB to evolve a policy decision and provide the criteria for shifting and the modality for shifting of the existing units and the nature of industries to be shifted till then, no blanket direction of shifting can be possible.

93. As regard the units under question is concerned, they were established prior to the guidelines and it can only be treated as the existing units. As regards the 1^strespondent in O.A. Nos. 04 of 2020 and 05 of 2020 and 5^th respondent in O.A. No.04 of 2020 (SZ) are concerned, there was nothing mentioned about causing of pollution and the non-compliance in nature by the report submitted by the SPCB. Even if at all there are certain violations, they are only minor in nature as has been observed by the Joint Committee, but the observations will go to show that most of the industries are situated within 1 Km.

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94. The TSPCB has recommended for shifting of the industries and recommendations have been made to the Government in this regard. It is seen from the report submitted by the State Government that they have prepared a detailed action plan for relocation of sponge iron industries which was already extracted by the Tribunal in the earlier paragraph which also involves certain action plan proposed, frame work for relocating the polluting industries, siting criteria which is under process and they have also given the timeline within which the same will be done. It was mentioned in the report that there are 20 sponge iron units and out of which, 11 units are complying with the distance criteria notified by the MoEF&CC and the remaining 9 units are not complying due to urban agglomeration and urbanization. The residential habitation is within the radius of these 9 units. They have not given the details of the units which are not complying with the siting criteria which were proposed to be relocated.

95. So, under such circumstances, it is better for the Tribunal to direct the State Government to prepare an action plan in consultation with the SPCB regarding the sponge iron units which are to be shifted to the new industrial area, what are all the methodology for resettlement, including payment of compensation, shifting charges and time limit within which the same will have to be shifted by the industries which are to be shifted, the criteria for identifying the industries which will have to be relocated etc. and if the TSPCB is of the view that irrespective of the siting criteria, the existence of sponge iron units within a radius of 1 Km is likely to cause pollution, then that also can be considered by the State Government while preparing the action plan for relocating the sponge iron industries and this exercise must be completed after taking into account the views of the stakeholder units and after considering their views and make it provision for meeting their views, then that must be provided in the action plan to be prepared by the State Government and the industries to be relocated and the feasibility of relocating the entire units in this place which they have identified and whether it will be sufficient for relocating them in compliance with certain siting criteria provided by the CPCB and SPCB in this regard.

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96. Wherever violations were found, directions have been issued including closure direction in respect of 1^strespondent in O.A. Nos.04 of 2020 and 05 of 2020. As regards the 5^threspondent in O.A. No.04 of 2020 is concerned, it is seen from the documents produced by them that they have established the unit prior to the notification after obtaining necessary Consent from the authorities. As regards M/s. Ananth Metallics & Power Private Limited/1^strespondent in O.A. Nos.04 of 2020 is concerned, it was mentioned in the Joint Committee report that it was situated adjacent to the Khajiguda Thanda and Kodicherla Village and those villages are situated at a distance of 0.85 Km from the industry boundary wall and 1.11 Km from the process area and recommendations were made for abating the pollution.

97. In respect of M/s. Om Shiv Shakthi Iron Industries Private Limited/1^st respondent in O.A. No.05 of 2020, in the Joint Committee dated 18.02.2020, it was mentioned that this was also established prior to the guidelines issued and it was mentioned in the factual aspects that this unit is situated at a distance of 500 m from the Kandivanam Village from the boundary of the industry in southern direction and 795.02 m from away from the process area of the industry. So, it clear from this even the process area is within 1 Km area not beyond 1 Km area. There also certain deficiencies noted and certain recommendations made to be carried out by the sponge iron industries.

98. The Joint Committee report dated 16.06.2020 indicates about the four units which include the units in O.A. Nos.04 of 2019, 04 of 2020 and 05 of 2020. It is seen from the factual aspects that presently M/s. Vinayak Steels Limited is located at a distance of 312.86 m from Kothur Village from the boundary of the industry in east direction and 389.92 m away from the process area of the industry.

99. As regards the 5^threspondent unit in O.A. No.04 of 2019 is concerned, it cannot be agreed that it is a fully compliant plant. It will be seen from the Joint Committee report and also the report submitted by the SPCB that though Consent to Operate was issued in the year 2004 immediately after

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issuance of Consent to Establish, a closure order has been issued, as they have started the operation and for certain violation noticed and in the closure order, it was specifically mentioned that they should not commence without obtaining Consent to Operate.

100. Further, in 2017 also there was closure order issued and on partial compliance, revocation of closure order has been issued temporarily and they were put under monitoring. The Joint Committee report will go to show that even at the latest inspection made, there were certain violations noted of non-compliance and the CPCB earlier also issued closure order for non-compliance of the directions issued. So, under such circumstances, it cannot be said that they are fully compliant unit and they are not liable to pay any environmental compensation. Further, the details of the violations, period of violation and compliance and non- compliance status were mentioned in the show cause notice issued by the TSPCB dated 04.03.2020.

101. It was in a way admitted by the learned Senior counsel appearing for the 5^threspondent in O.A. No.04 of 2019 (SZ) that a letter dated 09.11.2020 where the TSPCB made a provisional assessment for environmental compensation to the tune of Rs.4,21,50,000/- (Rupees Four Crore Twenty One Lakh and Fifty Thousand only) and since the amount was not paid, a closure order was issued by letter dated 03.08.2022 and they have proposed to file an appeal against that order.

102. On going through the report submitted by the TSPCB and also the findings of the Task Force Committee constituted for this purpose that there were violations committed by the 5^threspondent in O.A. No.04 of 2019 and the total number of days violation was taken as 1,608 days on various occasions and they have also given the details as to how the compensation was assessed and they have been directed to submit their objections within seven days by Order No.MHB-08/TSPCB/U- V/TF/2020-1188 dated 09.11.2020 and the 5^threspondent in O.A. No.04 of 2019 had submitted their objections dated 23.12.2020 and thereafter, the TSPCB had passed a further notice by Order No. Order No.MHB-

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13/TSPCB/U-V/TF/2020-03 dated 26.03.2021 directed them to comply with the directions already issued including the deposit of compensation of Rs.4,21,50,000/-. The 5^threspondent has filed a submission dated 29.12.2021 which was produced as Annexure 12 along with I.A. No.136 of 2022, wherein they wanted the environmental compensation to be paid in three instalments and the said amount will be deposited subject to the further orders to be passed by the Tribunal in the pending matter. It is on that basis, they have deposited the first instalment. Further, they have not challenged the order of compensation passed independently. They wanted this Tribunal to consider the same and subject to the order to be passed by the Tribunal, they want to deposit the amount in three instalments viz., first instalment immediately, second instalment after two months from the date of payment of the first instalment and third instalment within two months from the payment of the second instalment and it was an admitted fact that they have deposited Rs.1,40,50,000/- as a first instalment as prayed for by them. Further, the exemption sought for 27 days is not acceptable as merely because, they were not operating the unit during this period, it cannot be said that directions complied with.

103. On the going through the various reports submitted by the TSPCB regarding the violation of the 5^threspondent in O.A. No.04 of 2019, we do not think that there is any merit in the submissions made by the learned Senior Counsel appearing for the 5^threspondent that they are complying unit and the compensation was assessed on a arbitrary manner. They have given the details of the violation and period of violation merely because some temporary revocations have been made on the basis of the partial compliance will not entitled them to get exoneration from the liability for the violations committed by them.

104. So under such circumstances, we hold that the environmental compensation of Rs.4,21,50,000/- (Rupees Four Crore Twenty One Lakh and Fifty Thousand only) imposed by the TSPCB against M/s. Bilasraika Sponge Iron India Private Limited/5^threspondent in O.A. No.04/2019 is perfectly justifiable and we do not find any reason to interfere with the same and the 5^threspondent is liable to pay that compensation after

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deducting the amount of Rs.1,40,50,000/- deposited as first instalment within a further period of four months in two equal instalments, failing which, the TSPCB is at liberty to recover the amount from the 5^th respondent in O.A. No.04 of 2019 in accordance with law. As regards the closure order issued is concerned, it is for the 5^threspondent in O.A. No.04 of 2019 to approach the appropriate forum under the statutes under which the order was passed.

105. In view of the detailed discussions and observations made above, we feel that all these Original Applications can be disposed of by giving following directions:-

a. We hold that applying the „Precautionary Principle", the Tribunal can issue directions to the State Government to relocate the polluting sponge iron industries which are not complying with the siting criteria in order to protect the life of the people, as it is seen from the reports that the possibility of pollution is likely to continue, if they are allowed to continue in that place and we direct so subject compliance of following directions.

b. Since in the guidelines issued by the MoEF&CC in 2008 in Clause - 11 phasing out/ relocation of existing units was suggested and the concerned SPCBs/State Governments were directed to prepare an action plan in this regard and implement the same within a time frame prepared by them in the action plan. So, there is an obligation on the part of the concerned State Government or SPCB to prepare an action plan for relocating the existing units which are situated within 1 Km from the residential area / village to a safer place.

c. We direct the TSPCB to prepare an action plan for identifying the units to be relocated considering the location at which it is situated from the residential area/village, nature of pollution control mechanism provided and whether the existence of such industries with the pollution control mechanism already provided or new & modern equipment can be insisted additionally that will safeguard the interest of the public and complaint of pollution being caused which is likely to affect the health of the people, methodology by

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which the relocation will have to be done including considering the question of payment of compensation payable to the identified industries to be relocated, shifting charges (if any) payable for them and the amount will have to be quantified, after giving opportunity to the units which is identified to be shifted and the timeline within which the same will have to be done etc.

d. While considering the distance criteria, they may also consider the distance between the boundary to the village/residential area and process area and if the distance of the process area is more than 1 Km and with the existing greenbelt and other additional pollution control mechanism with modern equipment, whether such industries can be permitted to continue in that area and if so, under what circumstances, and with what conditions etc. also will have to be elicited in the action plan.

e. The TSPCB is directed to evolve an action plan after conducting a meeting with the sponge iron industries and thereafter submit an action plan to the Chief Secretary to Government, State of Telangana for their consideration. Such an exercise must be completed within a period six months from the date of this order.

f. On receipt of the action plan from the TSPCB, the Chief Secretary to Government, State of Telangana in coordination with the Secretary for Industries convene a meeting with the stakeholder departments and decide the methodology by which the relocation can be materialized including the compensation payable, land required for such relocation, shifting charges (if any) payable to the existing units, the period within which the relocation will have to be done and other criteria which the State Government may feel necessary for the purpose of implementing the relocation scheme in an effective manner without causing much hardship to the existing units and issue necessary notification in this regard within a period of 6 months from the date of receipt of the action plan from the

TSPCB.

g. The process of acquisition and obtaining EC for establishment of the industrial estate for relocating the sponge iron industries are to be

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completed within the time frame fixed by them in the action plan submitted before the Tribunal.

h. The allotment of the area etc. can be considered on the basis of the methodology evolved and action plan prepared by the State Government as directed above and the timeline within which the industries will have to take steps to shift their plant etc.

i. While establishing an industrial estate for relocating the sponge iron industries, the State Government is directed to provide buffer zone of 1 Km from the industrial estate restricting the construction of houses or establishing a township etc. so that further complaints in future in this regard can be avoided.

j. We confirm the environmental compensation of Rs.4,21,50,000/- (Rupees Four Crore Twenty One Lakh and Fifty Thousand only) imposed by the TSPCB in respect of M/s.Bilasraika Spong Iron Indian Private Limited/5^threspondent in O.A. No.04 of 2019 and they are directed to pay the balance amount after deducting the first instalment already paid within a further period of 4 months in two instalments and the if the amount is not paid, then the TSPCB is directed to take appropriate action for recovery of the amount from the 5^threspondent in O.A. No.04 of 2019 in accordance with law.

k. The right of the parties against the closure order to challenge the same before the appropriate forum is left open.

l. Till the relocation process is completed, the TSPCB is directed to periodically monitor the functioning of the sponge iron units and if there is any violation or non-compliance of the statutory rules or directions issued found, then they are directed to take appropriate action against the erring units including imposition of environmental compensation apart from initiating prosecution and other coercive steps provided under the respective statutes in accordance with law.

m. If any closure orders are issued, before issuing the revocation order, the TSPCB must satisfy itself that all directions issued by the Board have been complied with by the units and they are not expected to issue temporary revocations on partial compliance in a mechanical manner and they must also give detailed reasons for issuing

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temporary revocation mentioning about the satisfaction of the pollution control mechanism which has been provided as directed and its sufficiency to avoid further complaints of pollution from the residents.

n. On issuance of the revocation of closure orders, the sponge iron industries are directed to maintain the standard of emission as provided under the rules and also comply with the conditions and directions issued by the TSPCB in the Consent order and the EC issued by the MoEF&CC in this regard.

106. In the result, all these Original Applications [O.A. Nos.04 of 2019, 04 of 2020 and 05 of 2020 (SZ)] are allowed in part and disposed of with the following directions:-

(I) We hold that applying the „Precautionary Principle", the Tribunal can issue directions to the State Government to relocate the polluting sponge iron industries which are not complying with the siting criteria in order to protect the life of the people, as it is seen from the reports that the possibility of pollution is likely to continue, if they are allowed to continue in that place and we direct so subject compliance of following directions.

(II) Since in the guidelines issued by the MoEF&CC in 2008 in Clause - 11 phasing out/ relocation of existing units was suggested and the concerned SPCBs/State Governments were directed to prepare an action plan in this regard and implement the same within a time frame prepared by them in the action plan. So, there is an obligation on the part of the concerned State Government or SPCB to prepare an action plan for relocating the existing units which are situated within 1 Km from the residential area / village to a safer place.

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(III) We direct the TSPCB to prepare an action plan for identifying the units to be relocated considering the location at which it is situated from the residential area/village, nature of pollution control mechanism provided and whether the existence of such industries with the pollution control mechanism already provided or new & modern equipment can be insisted additionally that will safeguard the interest of the public and complaint of pollution being caused which is likely to affect the health of the people, methodology by which the relocation will have to be done including considering the question of payment of compensation payable to the identified industries to be relocated, shifting charges (if any) payable for them and the amount will have to be quantified, after giving opportunity to the units which is identified to be shifted and the timeline within which the same will have to be done etc.

(IV) While considering the distance criteria, they may also consider the distance between the boundary to the village/residential area and process area and if the distance of the process area is more than 1 Km and with the existing greenbelt and other additional pollution control mechanism with modern equipment, whether such industries can be permitted to continue in that area and if so, under what circumstances, and with what conditions etc. also will have to be elicited in the action plan.

(V) The TSPCB is directed to evolve an action plan after conducting a meeting with the sponge iron industries and thereafter submit an action plan to the Chief Secretary to Government, State of Telangana for their consideration. Such an exercise must be completed within a period six months from the date of this order.

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(VI) On receipt of the action plan from the TSPCB, the Chief Secretary to Government, State of Telangana in coordination with the Secretary for Industries convene a meeting with the stakeholder departments and decide the methodology by which the relocation can be materialized including the compensation payable, land required for such relocation, shifting charges (if any) payable to the existing units, the period within which the relocation will have to be done and other criteria which the State Government may feel necessary for the purpose of implementing the relocation scheme in an effective manner without causing much hardship to the existing units and issue necessary notification in this regard within a period of 6 months from the date of receipt of the action plan from the TSPCB.

(VII) The process of acquisition and obtaining EC for establishment of the industrial estate for relocating the sponge iron industries are to be completed within the time frame fixed by them in the action plan submitted before the Tribunal.

(VIII) The allotment of the area etc. can be considered on the basis of the methodology evolved and action plan prepared by the State Government as directed above and the timeline within which the industries will have to take steps to shift their plant etc.

(IX) While establishing an industrial estate for relocating the sponge iron industries, the State Government is directed to provide buffer zone of 1 Km from the industrial estate restricting the construction of houses or establishing a township etc. so that further complaints in future in this regard can be avoided.

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(X) We confirm the environmental compensation of Rs.4,21,50,000/- (Rupees Four Crore Twenty One Lakh and Fifty Thousand only) imposed by the TSPCB in respect of M/s.Bilasraika Spong Iron Indian Private Limited/5^th respondent in O.A. No.04 of 2019 and they are directed to pay the balance amount after deducting the first instalment already paid within a further period of 4 months in two instalments and the if the amount is not paid, then the TSPCB is directed to take appropriate action for recovery of the amount from the 5^threspondent in O.A. No.04 of 2019 in accordance with law.

(XI) The right of the parties against the closure order to challenge the same before the appropriate forum is left open.

(XII) Till the relocation process is completed, the TSPCB is directed to periodically monitor the functioning of the sponge iron units and if there is any violation or non- compliance of the statutory rules or directions issued found, then they are directed to take appropriate action against the erring units including imposition of environmental compensation apart from initiating prosecution and other coercive steps provided under the respective statutes in accordance with law.

(XIII) If any closure orders are issued, before issuing the revocation order, the TSPCB must satisfy itself that all directions issued by the Board have been complied with by the units and they are not expected to issue temporary revocations on partial compliance in a mechanical manner and they must also give detailed reasons for issuing temporary revocation mentioning about the satisfaction of the pollution control mechanism which has been provided as directed and its sufficiency to avoid further complaints of pollution from the residents.

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(XIV) On issuance of the revocation of closure orders, the sponge iron industries are directed to maintain the standard of emission as provided under the rules and also comply with the conditions and directions issued by the TSPCB in the Consent order and the EC issued by the MoEF&CC in this regard.

(XV) Considering the circumstances, parties are directed to bear their respective cost in all these Original Applications respectively.

(XVI) The Registry is directed to communicate this order to the Chairman - SPCB, Chief Secretary to Government, State of Telangana, Additional Chief Secretary to Government, Department of Environment, Forest and Climate Change and the Secretary - Department of Handlooms, Textiles & Handicrafts, Industries & Commerce for their information and compliance of directions.

(XVII) The TSPCB and the Secretary - Handlooms, Textiles & Handicrafts, Industries & Commerce, State of Telangana are directed to submit a periodical report of compliance of directions once in six months till the complete action plan of relocation is implemented as directed above.

(XVIII) As and when such the reports are filed, the Registry is directed to place the same before the Bench for consideration and also for issuing necessary further directions (if any) required in this regard.

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108. In view of the disposal of the Original Application, pending interlocutory applications are also disposed of accordingly, as no further separate orders are required in this regard.

Sd/- Justice K. Ramakrishnan, J.M. Sd/-

Dr. Satyagopal Korlapati, E.M. O.A. No.04/2019 (SZ)

O.A. No.04/2020 (SZ)

O.A. No.05/2020 (SZ)

28^th September, 2022. Mn.

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