Report of the Committee constituted by the Hon'ble National Green Tribunal, Delhi in Appeal No.19/2017, Social Action for Environment and Forest Versus Union oflndia

1. Background:

In appeal No. 19/2017, Social Action for Environment and Forest Versus Union of India, Hon'ble NGT vide its order dated 28.02.2019 made following observations:

" The issue for consideration is validity of Environmental Clearance granted for setting up of thermal power station by the THDC India Limited, Respondent No. 3 at Khurja, District Bulandshahar, State of Uttar Pradesh."

On 13.12.2018, certain issues were considered with regard to analysis of the data by the Expert Appraisal Committee and following order was passed:

One of the points for consideration during the hearing is the correctness of the Ambient Air Quality data furnished by the Project Proponent and relied upon by the Environment Impact Assessment Authority. A perusal of chart at page185 shows PM2.5 value to be between 32 to 40 from October to December, 2012 and 32 to 45 from March to May, 2016. It is, however, not clear as to what the source of the said data is and how the same was verified by EAC. It is also not clear as to how the wind direction is to be taken to be favourable in the context of its impacts on NCT of Delhi, as suggested by project proponent. Further question is the downstream impact on the water which is said to be sourced from upper Gangetic canal'.

A proper verified information on above aspects has to be looked into before this appeal is decided"

Accordingly, the Ministry of Environment, Forest and Climate Change (MoEF&CC) has filed an affidavit which merely refers to the report of the accredited agency which was considered by the Expert Appraisal Committee without any further analysis as was expected in terms of the above order."

In view of the above, Hon 'ble National Green Tribunal, New Delhi constituted a joint Committee of representatives of Central Pollution Control Board (CPCB) and Indian Institute of Technology, Delhi to have an independent expert report in the matter.

In compliance to the said order Prof Mukesh Khare, Department of Civil Engineering, IIT, Delhi and Dr. S. K. Paliwal, Scientist D, CPCB were nominated by respective institutions to represent the committee.

2.0 Information/Data made available by the Applicant and Project Proponent

1. Copy of application filed by the applicant 2. Environment Impact Assessment report 3. TOPO sheet of the area proposed for installation of plant 4. Permission for allocation of water from Upper Ganga canal for the proposed

project along with details for providing 53 Cusecs water to mis THDC

l

" ·-

3.0 Field visit

The Committee visited the proposed site of the plant and air quality monitoring stations sites selected during the EIA study on April 05, 2019. There are two air quality monitoring station in Khurja town also under National Ambient Monitoring Programme (NAMP) which are being operated by Central Glass and Ceramic Institute of CSIR. The Committee also visited one of these NAMP air quality monitoring stations located in industrial area of Khurja town.

Figure 1 is the google map which shows the location of the NAMP station located on the roof top of the Central Glass and Ceramic Institute of CSIR at the height of about 15 meter from the ground level. Figure 2 shows the predominant wind direction at NAMP in Khurja town. Figure 1 clearly shows that the area around NAMP station is surrounded by ceramic industries which categorises the station as "industrial station".

Based on the site visit, the committee decided to collect micro-meteorological data at proposed Khurja Super Thermal Power Plant (STPP) site and ambient air quality data for PM2.5 for making an assessment of present air quality of the area. Accordingly, a team of CPCB HO air lab was deputed to monitor AAQ for 2 days (24 hr per day) at each location during May 7-11, 2019. AAQ monitoring was conducted at 4 following locations and micro-meteorological data was collected by installing a weather monitoring station at the proposed site of Khurja STTP during the period from 07 to I I May, 2019.

Code Monitoring location Direction Distance from site w.r.t STPP ofSTPP (Km) site

AQl Gwarauli Village East 4.0 AQ2 Jawal Village West 2.5 AQ3 Nagla Shakhu North 6.5 AQ4 Kuryawali village South- East 4.0 AQ4* BhogpurRF South-East 9.0

*: AAQ monitoring conducted in 2016 during EIA study Normal activities in villages during monitoring period: Burning of wood/cow dung cake and seasonal agricultural activities like wheat threshing

Figure 3 is the map which shows the location of the four ambient air quality sampling locations around STPP site, and one micro meteorological station location at the STPP office selected by the CPCB HO Air lab team. Figure 4 shows the predominant wind direction at STPP office site derived from the micro meteorological data collected at the site.

3.1 Proposed site for the Plant

The proposed site for Khurja Thermal Power Project ( 2x660 MW) is located in Tehsil Khurja, District Bulandshahr, UP. The site is about 11 km (SE) from Khurja town and 36 km (NW) from Aligarh city. Geographically the site is situated between 28°08'35" N to 28°10'25" N latitude and between 77°53'47" E to 77°55'22" E longitude. Figure 5 shows the location of proposed project with respect to Khurja town and Delhi NCT using google map. The proposed site is about 85 km from NCT of Delhi and falls within NCR.

2

' .

3.2 Meteorology of the area

3.2.1 During the EIA studies conducted in 2012 (October-December) and further in 2016 (March­ May), the site specific meteorological data (wind speed, wind direction, temperature etc.) was collected by the project proponent through Mis Mantee consultants Pvt. Ltd. ( pg 99 of EIA report). Besides, meteorological data was also obtained from nearest IMD observatory located in Aligarh city for the period of 1961-1990 to consider the long term meteorology of the study area pg97-98 of EIA report).

3.2.2 As per the data collected from IMD Aligarh observatory, the predominant wind direction in respect the proposed site is NW to SE during non-monsoon period. During the similar period in 2019 as observed from Figure 2 and Figure 4 the wind direction was observed from NW to SE and Wto E.

3.2.3 This indicates the nearest Khurja town and NCT of Delhi are upwind of the proposed STPP site.

3.3 Ambient Air Quality

3.3.1 The results of monitoring data with respect to PM25 collected during the EIA study for the period March to May 2016 and the data monitored during May 7-11, 2019 at the STPP site by CPCB HO team, are presented in Table 1. The 24-hour average minimum & maximum concentrations of PM2_5 monitored at Gwarauli village, Jawal village, Nagla shaku and Bhogpur RF in March to May 2016 during EIA study (pg 105-108 of EIA report), were 32&45 ug/Nrrr', 32&47, ug/Nrrr', 33&46 µg/Nm3 and 34&48 µg/Nm3 respectively. The 24- hour average concentrations of PM2_5 monitored at the same locations except AQ4 location in May 7-11, 2019 were observed as 42 & 91µg/Nm3 (09.05.2019 & 10.05.2019), 73& 75 µg/Nm3 (07.05.2019 & 08.05.2019), 36 &50 µg/Nm3 (07.05.2019& 08.05.2019) and 50 & 171 µg/Nm3 (09.05.2019 & 10.05.2019) at Gwarauli village, Jawal village, Nagla shaku and Kuryawali village respectively. The estimated ratios of the maximum concentrations of PM25

in May 7-11, 2019 and March to May 2016 were 2.02, 1.59, 1.08 and 3.56 at Gwarauli village, Jawal village, Nagla shaku and Kuryawali village ( compared with Bhogpur RF data of 2016 as both are in SE direction from the site of STPP) respectively. Based on the ratios it is clear that concentration of PM2_5 in May 7-11, 2019 were higher compared to March to May 2016 at Gwarauli, Jawal and Kuryawali villages which could be due enhanced seasonal activities like wheat threshing, high summer winds etc.

4.0 Downstream Impact of Water withdrawal from Upper Ganga Canal

Water requirement of 3265 m3/hr ( 32 cusecs) for the project is to be met from upper Ganga Canal which is about 8 km NE of the project site (pg 19 of EIA report). The water withdrawal permission of 53 cusecs has been granted by UP Government. The in-principal permission for water withdrawal has been given on the basis of detailed assessment by Bulandshahr Division of Ganga Canal, U .P Irrigation Department that preventing of seepage losses by lining works in Upper Ganga Canal and other canals shall compensate the water so as not to affect water availability to farmers for irrigation. The details of the same are given in Annexure I.

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5.0 Conclusion

5.1 The range of 24-hour concentrations of PM:25 as reported in the EIA study at the STPP monitoring/sampling locations are 32 - 48 ug/nr', respectively, in March to May 2016.

The range of 24-hour concentrations of PM25 as observed during May 7-11, 2019 is 36-171 µg/m3• Out of 4 stations, ratio of PM25 concentration at 03 stations (Gwarauli , Jawal and Kuryawali villages) where ambient air quality monitoring was carried during EIA study in 2016 and 2019 is 2.02, 1.59 and 3.56 which are higher compared to PM2.5 levels of 2016 which is due to enhanced seasonal activities like wheat threshing, high summer winds etc. However, PM2.5 concentration at Nagla sheku village (ratio: 1.08) was observed as comparable with 2016 data.

5.2 The predominant wind direction at the STPP project site is from NW to SE .The nearest Khurja town which is about 11 km in NW is in predominant upwind direction from the proposed project site. The NCT of Delhi which is about 85 km in NW is also in predominant upwind direction from the proposed project site.

5.3 The water requirement of 53 cusecs will be met from Upper Ganga Canal which according to detailed assessment by U.P Irrigation Department will be compensated by preventing seepage losses by lining works in Upper Ganga Canal and other canals so as not to affect water availability to farmers for irrigation.

5.4 The Committee is of the view that though PM2.5 concentrations are towards higher side compared to year 2016 EIA study, yet, the concentrations are within the prescribed standards i.e. 60 ug/rrr' except at locations at Jawal and Kuryawali villages. This may e due to local activities and weather conditions.

~ (Dr. S.K. Paliwal) Scientist D, CPCB

( Prof. Muke Civil Engineering Department, IIT, Delhi

+

Table 1.0: Ambient Air Quality Data at 04 locations around proposed site of Khurja STPP of Mis THDC India Limited

October - December, Two 24 hrly saple at March - May, 2016* each location during Distance 2012*

Mav 07 - 11, 2019** Code Stations Direction (Km) PM2.s ( u1!:/m3

) PM2.s (µg/m3)

PM2.s (ug/nr') Min Max Min Max AQl Gwarauli East 4.0 32.8 40.2 32 45 42 91 Village AQ2 Jawal West 2.5 30.2 38.0 32 47 36 50 Village AQ3 Nagla North 6.5 31.0 40.8 33 46 73 75 Shakhu AQ4 Kuryawali South - 4.0 - - - - 50 171 village 1 East AQ4 Bhogpur South- 9.0 32.5 42 34 48 - - RF2 East *:Asper EIA report,**: As per monitoring conducted by CPCB, 1

: monitoring conducted at Kuryawali Village which is 4.0 km SE from project site ( during May 07-11, 2019), 2 monitoring conducted at Bhogpur RF which is 9.0 km SE from project site (during EIA study 2016).

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Fig. 1: Location of the NAMP Station Located on the Rooftop of the CGCRI of CSIR, Khurja

'

WSV·,

w

.rn , NW

',0

NW

SW

SSW

0 to 5 km/h [lOm] 5 to 10 km/h [10ml e 30 to 35 km/h (l Om}

10 to 15 km/h [10m]

E

E

E''"

E

ESE

SE

SSE

s

15 to 20 km/h (1 Om] 20 to 25 km/h ll Om]

ind Rose Diagram of Khurja Town, Bulandshahr (May 07 -11, 2019)

25 to lO km/h [lOm]

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Khurja STPP IVlonitoring Locations

Monitoring Locations Khurja STPP Boundc

Fig. 3: Locations of Ambient Air Quality Monitoring Stations w.r.t. Proposed Site

Fig. 4: Wind Rose Diagram at Proposed Khurja STPP Site (May 07 - 11, 2019)

:NORTH

25%

20%

15%

'WEST

10%

5%

EAST:

WIND SPEED (m/s)

• >= 11.10 • 8.80- 11.10 • 5.70 - 8.80 SOUTH • 3.60 - 5.70 D 2.10 - 3.60

D 0.50-2.10

Calms: 4.17%

...........

Khurja

} Khurja STPP

0 Khurja STPP Bou

* New Delhi

Fig. 5: Location of Proposed Project with respect to Khurja Town and Delhi NCT

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BULANDSHAHR DIVISION GANGA CANAL, BULANDSHAHR PROJECT ESTIMATE FOR PROVIDING 53.00 CU SECS WATER SUPPLY TO Mis T.H.D.C.,

DASHERA, (KHUR.JA) IN DISTf - BULANDSHAHR

AREA OF LINING REQUIRED TO SA VE 53.00 CUSEC OF WATER

Under " Upper ganga Canal Modernisation Project" whole the Bulandshahr Distributary System has been lined since 1995. according to information collected from above the following loses has been observed pre and post lining of the whole system. . .

1 Seepage losses will be reduced from 8 to 2 cusecs of wetted perimeter per million square feet. Thus 6 cusecsis saved per million suare feet of lined area.

A Evaporation Losses:-

Saving is Zero as surface area is same in both the conditions.

ff ' 8 Operational Losses :-

Thus Operational Losses shall be 5% 5 % of 53.00 Cusecs = 2.65 Cusecs

Balance seepage water is required to be saved by lining == 53.00 2.65 = 50.35 Cusecs

C Se~p~ge Losses:- 50.35 Cusec water shall be saved by lining : Saving of water per square meter of

lining

= 10.76 X 6 / 10 6 = 0.00006456 Say 6.456 x 1 O -5 Cusecs per Sqm. ·

Therefore to save 50.35 cusecs of water from seepage, area of lining required shall be ·, = 50.35 I 6.456 x 10 -s = 7.799 Lacs Sqm area with wetted

perimeter is required to be lined (

Channel running as accordinq to Roster

Roster factor is 1.86 ( as per annexure 1 enclosed) Hence 7.799 x 1.42 = Resultant.

11.07 lacs Sqm area with wetted perimeter is required to be lined

Therefore, the lining area shall be 12.73 Lacs sqm including free board etc., as per details

enclosed.

~~

JUNIOR Ei~.~EER EX~R B.D.Gf., BULANDSHAHR

~/ --~ ASSISTANT ENGINEER

B.O.G.C., BULANDSHAHR

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Item No. 01 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Appeal No. 19/2017 (M.A. No.827 /2017, M.A. No.1000/2017, M.A. No.1001/2017, M.A. No.170/2018 &

M.A. No. 837 /2018)

Social Action for Environment and Forest (SAFE)

Versus

Appellant(s)

Respondent(s)

t

HON'BLE MR. JUSTICE ADARSH KUMAR G,OEL, CHAIRPERSON HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEQER HON'BLE MR. JUSTICE K. RAMAKRI SHNAN, JU'QICIAL MEMBER HON'BLE DR. NAGIN NANDA, EXPERT MEMBER

For~ppellant(s): Mr. Ritwick Dutta, Mr. Saurabh Sharma and Mr. Sharan Balkrishna, Ac:L'vocates · Mr. KHsl,itna Kumar Singhl, Advocate for MoEE&C, " ~ Mr. Dalfiep Dhyani, Advocate for R'-2

' Mir. Harin P. Rava1:; ~r. Advqrate~~,Mr. Nipun Saxena, Mr. Aditya P Arora, Mr. Uttar Datt and

•Ms Son~shi Sing ,,'%:A:a.vocates

issue for consideratio Environmental

Clearance granted for settin9 .. up of thermal power station by *.. Ji .t"t " ,:_..

the THDC India Limitedj Respondent No. 3 at Khurja, District

Bhulendshahar, State of Uttar Pradesh.

2. On 13.12.2018, certain issues were considered with regard to

analysis of the data by the Expert Appraisal Committee and

following order was passed:

,,.

"One of the points for consideration during the hearing is the correctness of the Ambient Air Quality data furnished by the Project Proponent and relied upon by the Environment Impact Assessment Authority. A perusal of chart at page 185 shows PM2.s value to be between 32 to 40 from October to December, 2012 and 32 to 45 from March to May, 2016. It is, however, not clear as to what is the source of the said data and how the same was verified by EAC. It is also not clear as to how the wind direction is to be taken to be favourable in the context of its impacts on NCT of Delhi, as suggested by project proponent. Further question is the downstream impact on the water which is said to be sourced from upper Gangetic canal.

A proper verified information on above aspects has to be looked into befor(j this appeal is decided. Let an affidavit be filed by Minist!]j of.Enuironment,

"" Forest and Climate Change on aboite 'points, within three weeks from today.

List for further consideration on 20.02.2019." ~ ...­ ~

t

,., Accordingly, th~Jvlinisf:ry of Environme Climate

. Ohange (MoEF&CC) fias fil~d an affidagit which 'merely refers . ............... .

t {he report of the accredited agency $hich was,~~onsidered by '- t ,,

the E~e:r:t~ Appraisal Committee· ~thout any ftfnther analysis '"" f. • r, "

as was expected in terfus. of the above order ., .

4. In view of above, we consider it necessary to have an ;I"

independent expert· report in the matter from a joint

Committee of representatives of Central Pollution Control

Board (CPCB) and Indian Institute of Technology, Delhi. The

nodal agency will be the CPCB for coordination and

compliance.

11

i !

5. Let such report be furnished within two months by e-mail at

ngt.filing@gmail.com.

6. Parties are at liberty to furnish relevant documents to the

CPCB within two weeks.

List for further consideration on 03.05.2019 .

. 1'. Ramakrishnan, JM . ~ .........

Dr. NagintNanda, EM February 28, 2019 &- A peal No. 19/2017 ~ (M.fi. .. No.82.!7 /2.fU 7, M.A. No.1000/2011,'Zt," M:(i. No .. 1001/20.J],,M.A.~Nf°" 170L~018 & M.A. No. 837 /2018) · A

j IS