Press Release
Green Tribunal issues warrant against Commissioner, MCD in
Jindal’s waste power plant case
CAG should audit waste to energy plants like it did into the
failure of Timarpur waste to energy plant
New
Delhi: Justice Swatanter Kumar headed bench of National Green Tribunal took
serious note of non-appearance of Commissioner, Municipal Corporation of Delhi
(MCD) while hearing the public interest petition was filed by Sukhdev Vihar
Residents Welfare Association on March 11, 2013 in the matter of the setting up
the energy plant for processing municipal solid waste (msw) for generation of
16 MW power. The copy of Tribunal’s
order is attached.
It
may be noted that since the petition was filed the company, Timarpur-Okhla
Waste Management Co Pvt Ltd (TOWMCL) of M/s Jindal Urban Infrastructure Limited
(JUIL), a company of M/s Jindal Saw Group Limited managed to get clearance for
20.9 MW.
It
is relevant to remember that the Timarpur-Okhla project began when the MCD
proposed to initiate a waste to energy (WTE) project at Timarpur that uses
incineration. The Timarpur Waste Management Company Pvt. Ltd. (TWMCPL), a
subsidiary of Infrastructure Leasing & Financial Services Ltd. (IL&FS)
plans to generate 6 MW of electricity from the project at Timarpur, Delhi.
TWMCPL is a subsidiary of IL&FS and has been created only for Timarpur
project. A Memorandum of Understanding between MCD and IL&FS was signed in
March 2005 by D K Mittal, the then CEO of TWMCPL and Rakesh Mehta, the then
Commissioner of MCD. On March 14, 2005, MCD said that it plans to earn carbon
credits from the project. Subsequently, TWMCPL was renamed as Timarpur-Okhla
Waste Management Co Pvt Ltd (TOWMCL) and it changed hands to become a
subsidiary of the JUIL and incorporated Okhla site in
its scheme of projects. The public health crisis in Okhla is the legacy
of Rakesh Mehta's tenure. It is only appropriate that the Tribunal that brought
MCD's role at the center stage.
The March 11, 2013 order of the Green Tribunal
reads: “The grievance of the Petitioner was that this Unit, if established,
would cause tremendous environmental implications in regard to its functioning
and discharge of other effluents. The other submission made was that all round
the Unit, in fact within 200 meters of the location of the Unit, there are
residential colonies. The running of this Unit shall cause irreparable damage
not only to the environmental but even to the health of the residents of that
area. Thus would violate the constitutional protection granted to them under
Article 21 of the Constitution of India.
This petition was ordered to be transferred to this Tribunal by the
order dated 23rd January, 2013 of the Hon’ble High Court of Delhi at New
Delhi.”
The
order notes, “…the Unit has already been installed and is functioning for last
more than one year. According to him it contains all modern technological
features for containing any kind of pollution”, according to the company.
It
records that “the learned counsel appearing for the Applicant, even Ministry of
Environment and Forests had imposed certain conditions, which have not been
complied with by the Unit and it has breached number of other obligations upon
it.”
The
Tribunal issued the directions constituting a team of experts which consisting
of Member Secretary of Central Pollution Control Board, Member Secretary of the
Delhi Pollution Control Committee, Representative Scientist from the Ministry
of Environment and Forests, a Technical Expert to be nominated by the
Applicant, a representative of the project proponent and Environmental Engineer
from the Delhi Pollution Control Committee.
The
Tribunal’s direction states that “1. The above Committee shall visit the site
without serving any Notice to the Respondent No.9. It will be a surprise
inspection, but at a point of time when the Unit is functioning to is optimum
capacity continuously atleast for 2 hours. 2. The expert Committee shall take
stack as well as ambient air samples from the chimney and around the places in
question. 3. The Samples shall also be taken from an area especially
residential area falling within one and three kilometers of all sides of the
Unit including settled dust/dust fall. 4. They shall also state the prevalent
air and wind velocity at the time of sampling. 5. The samples so collected will
be taken for analysis in two laboratories first one being laboratory of CPCB
and other being an approved laboratory by the Ministry of Environment and
Forests such as Shri Ram Institute of Industrial Research, Delhi. 6. While
collecting samples as well as otherwise, it will be stated, that what is the
quantity and quality of the ash being discharged from the Unit including the
details of supporting fuels being fired in the incinerator. 7. While conducting
the physical inspection of the functioning Unit, it shall also be stated what
are the pollution devices that have been installed in the Unit in question. 8.
Samples of residual waste, if any, shall also be collected and analyzed for its
physical and chemical composition. 9. The inspection team shall also place on
record the mechanism that is adopted for disposal of residual waste. 10. Aerial
distance of MSW facility from Badarpur TPS. Let this report be submitted before
the Tribunal within two weeks from today.” Besides the Chairperson the Tribunal
Bench comprised of Justice P. Jyothimani, Dr. D. K. Agrawal, Dr. G. K. Pandey and Prof. A.R. Yousuf. The next date of hearing is April 4,
2013.
So
far the fact that this waste based plant using experimental incinerator
technology is in violation of the Supreme Court order has not been put on
record. Waste to Energy projects based on incineration technology violate
Supreme Court’s order dated May 6, 2005 wherein it said, “…we hope that till
the position is clear, the Government would not sanction any further subsidies.”
It is noteworthy that on 15th May, 2007, the Court’s order "permit (s)
Ministry of Non-conventional Energy Sources (MNES) to go ahead for the time
being with 5 pilot projects chosen by them" but it is noteworthy that this
refers specifically to bio-methanation technology. MNES is renamed as Ministry
of New & Renewable Energy (MNRE). It has been revealed through Right to
Information application that neither the proposed Delhi’s waste to energy
incinerator projects one of those 5 pilot projects nor is it based on the
recommended Biomethanation technology.
The
plant became operational in 2012 but it is using untested and unapproved
Chinese incinerator technology, a fact noted in the report of the Central
Pollution Control Board.
The
Tribunal should take cognizance of the ‘White Paper on Pollution in Delhi with
an Action Plan’ prepared by Union Ministry of Environment and Forests, the
Chief Minister has been misled in to promoting it. The White Paper says, “The
experience of the incineration plant at Timarpur, Delhi and the briquette plant
at Bombay support the fact that thermal treatment of municipal solid waste is
not feasible, in situations where the waste has a low calorific value. A
critical analysis of biological treatment as an option was undertaken for
processing of municipal solid waste in Delhi and it has been recommended that
composting will be a viable option. Considering the large quantities of waste
requiring to be processed, a mechanical composting plant will be needed.” The
paper is available on Ministry’s website.
It
is a test case for Tribunal as far as cardinal principles of municipal waste
management and the grievances of the Okhla residents is concerned. The
precedent the Tribunal sets will have far reaching implications for municipal
waste management across the country. It will also reveal the limitations in
dealing with a plant that is based on the primitive combustion technology that
has been tried and tested and resulted in the failure of the Timarpur waste to
energy plant. The Jindal’s plant is running after violating every rule in the
rule book. It is a cause of point source of pollution.
After
the failure of the Timarpur waste to energy plant, the Delhi High Court had
ordered an enquiry by the Comptroller Auditor General (CAG). In its annual
report dated March 1990, the Comptroller Auditor General of India (CAG)
observed, “The Refuse Incinerator-cum-Power Generation Plant installed by
Ministry of Non-Conventional Energy Sources in March 1985 remained inoperative
since its installation. The Ministry failed to utilise or dispose off the
inoperative plant and incurred an expenditure of Rs 1.25 crore on maintenance
and insurance of the plant.” The project was scrapped in July 1990. It is
germane to note that Union Ministry of Non-Conventional Energy Sources is now
called Union Ministry of New and Renewable Energy which provides a subsidy of
Rs 1.5 crore/MW is distorting waste management in the country including Delhi.
As per Supreme Court’s order such subsidies are not meant for incinerator
plants like the one in Okhla.
ToxicsWatch
Alliance demands that CAG should audit the Okhla plant and all such waste to
energy plants in the country as it did into the failure of Delhi’s Timarpur
waste to energy plant.
For
Details: Gopal Krishna, Convener,
ToxicsWatch Alliance (TWA), Mb: 9818089660
Email:
krishna1715@gmail.com,
Web:toxicswatch.blogspot.com
Vimal
Monga, ex-President, Sukhdev Vihar Resident Welfare Association Mb: 9711408421
Asha
Arora, Okhla Anti-incinerator Committee, Mb: 9810499277
Okhla
Anti-incinerator Committee, http://www.facebook.com/home.php#!/ghoslaokhla
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