Takes cognizance of violation of Supreme Court’s order, unapproved
Chinese technology used by waste incineration based power plant
Lawlessness rules the roost in Okhla amidst public health
crisis
The final hearing in the case
pertaining to unapproved Chinese incineration technology based Waste-to-Energy
plant of The Timarpur Okhla Waste Management Company Pvt. Ltd. (TOWMCPL), M/s
Jindal Urban Infrastructure Limited (JUIL), a company of M/s Jindal Saw Group
Limited at Sukhdev Vihar, Okhla has been completed and the judgement has been
reserved as per National Green Tribunal (NGT)'s order dated December 23, 2016.
In the meanwhile, prior to the pronouncement of the final verdict, NGT
Chairperson Justice Swatanter Kumar called the parties again on January 16,
2017 for a final round of clarification. NGT asked the Jindal company whether,
the plant in question is a Refuse Derived Fuel (RDF) plant? Is it one of the
five Supreme Court approved pilot projects based on biomethanation technology?
It inferred that the plant was neither a RDF plant for which approval was taken
nor is it a Supreme Court approved pilot project. The plant is situated in the
vicinity of Okhla Bird Sanctuary, public institutions and residential
colonies.
The NGT's Principal Bench of Justice Kumar, Judicial
Member, Mr Raghuvendra S. Rathore, Expert Member, Bikram Singh Sajwan and
Expert Dr. Ajay A Deshpande passed the following order titled 'Orders of the
Tribunal Supplementary matter':
"Learned Counsel appearing for the parties submit
that the original project was with regard to Waste Processing Plant at Timarpur
and Okhla. RDF was to be generated at Timarpur and pallets were to be brought
to Okhla to be used as a fuel for generation of power. The Timarpur Project
never took off. Infact, it never was established as proposed.
Bio-methanisation did not commence as wet/green waste from Azadpur was not
available to the plant. It is also commonly agreed that principal challenge of
the Applicant to the issue of change in technology is that the plant, to which
the Environmental Clearance, consent to operate, establish was granted was to
the process waste/bio-methanate/ RDF and energy which was changed without
amendment of Environmental Clearance or taking consent and that it was changed
to waste directly to incineration in boilers and generation of power."
It must be
recalled that it all began with a proposal of Municipal Corporation of Delhi
(MCD) for a waste to energy (WTE) project at Timarpur with The Timarpur Waste
Management Company Pvt. Ltd. (TWMCPL), a subsidiary of Infrastructure Leasing
& Financial Services Ltd. (IL&FS).
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. In a subsequent development, Unique Waste Processing
Company (UWPCL), a subsidiary of the IL&FS had incorporated the Timarpur
Waste Management Company Pvt. Ltd (TWMCL) – through a public-private
partnership (PPP) initiative – as a ‘special purpose vehicle’ for developing
the waste-processing project at Delhi’s Timarpur site. Later, the management
took a decision to also include the Okhla site and, hence, had the name of the
company changed to TOWMCL. The original project proponent IL&FS
incorporated a company named UWPCL as a 100% subsidiary for developing
municipal waste processing projects. Then, UWPCL established a company namely
TOWMCL for implementation of this project which was to be run by a Project
Developer selected on the basis of competitive bidding. .
The project
proponents remained unmindful of the fact that RDF, a co-incineration technolgy
is completely inappropriate for Indian urban waste, which is largely
biodegradable in nature. They extract a very high cost for the energy, which
the plant claims to generate. The cost–benefit scenario projected by the
proponents does not include environmental and health costs caused by toxic
releases. These technologies also use valuable resources that can be recycled,
such as plastics and metals, and support a massive recycling sector in the
country. RDF is a thermal and combustion technology, mainly used to prepare
waste for mass incineration. Burning of mixed waste will create problems of
very toxic compounds such as dioxins and furans, heavy metals, and other
pollutants. The calorific value for the waste comes from material such as
plastics and metals. Plastics, especially chlorinated plastics such as
polyvinyl chloride (PVC), when combusted gives rise to these highly toxic
pollutants like Dioxins. PVC plastic combustion, which is part of the mixed
waste, is banned in India by regulations both in the municipal and bio-medical
waste-handling rules.
The order in the Sukhdev Vihar Residents Welfare
Association Vs State of NCT of Delhi (Original Application No. 22 (THC) of
2013) dated December 23, 2016 reads: "Arguments heard. Judgment
reserved" by the order of NGT's Principal Bench of Justice Swatanter
Kumar, Chairperson, Judicial Member Mr U.D. Salvi, Judicial Member Mr
Raghuvendra S. Rathore, Expert Member, Mr Bikram Singh Sajwan and Expert Member,
Ranjan Chatterjee.
In a related
development, ToxicsWatch Alliance (TWA) wrote Lieutenant Governor, Government
of NCT of Delhi on January 2, 2017, on the subject of “Lawlessness in Okhla
after expiry of consent to operate & provisional authorization too expired
on December 31, 2016”
The letter drew
his attention towards the specific case of the lawlessness in Okhla that is
setting a very bad precedent now that the after expiry of consent to operate,
even the provisional authorization of for municipal solid waste (MSW) based
thermal power plant of 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 has expired on December 31, 2016.
The minutes of the
meeting held on 24/06/2016 under the Chairmanship of Chief Secretary,
Government of NCT of Delhi to implement the orders of National Green Tribunal
in the matter of Original Application No. 22/2013 reveals that “Regarding Okhla
plant it was informed by the DPCC, that as per the decision taken by Consent
Management Committee (CMC) in its 26th meeting held on 11/3/2016 the
plant may operate on provisional basis and improve its emission standards to 30
mg/Nm3 as per direction of DPCC/Hon’ble NGT for transitional period till
31/12/2016. The Chief Secretary, Delhi, desired that the Chairman DPCC should
take a meeting with all the stake holders, and an all out effort should be made
to improve emission standards before 31/12/2016”. (Source: Department of Urban
Development, Government of NCT of Delhi dated 06.07.2016 (F.N
13/56/CC/MB/UD/2016/1327-1341). It is quite clear from this minute that after
the expiry of consent to operate, provisional authorization too has expired on
December 31, 2016.
The official
documents reveal how conditions of Land Allotment to New Delhi Municipal
Council (NDMC), the municipal council of the city of New Delhi imposed by Delhi
Development Agency (DDA) have been breached to facilitate “land grab” for a
hazardous waste to power plant in Okhla endangering public health. It may be
noted that Indian waste has hazardous waste characteristics.
A letter dated
June 18, 1980 sent from DDA to NDMC on the subject of allotment of land at Okhla
for compost plant. The letter specifically states the conditions for the
allotment. The letter reads: “The land shall be used by N.D.M.C. for the
construction of compost plant and for no other purpose whatsoever.” It further
reads: “The land shall not be transferred to any other Department without prior
permission of DDA obtained in writing.” Another letter from DDA dated August 4,
1995 sent to N.D.M.C. reiterates: “The allotted land shall be used for the
purpose of compost plant and no other purpose whatsoever”. These letters
reveals that the allotment of land to NDMC was a conditional allotment subject
to compliance with the stated conditions. Given the fact that NDMC has violated
these conditions in an apparent exercise of facilitating “land grab” for
municipal solid waste (MSW) based thermal power plant of 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. In a significant
disclosure it has come to light that there are two lease deeds for a total of
13.5 acres. NDMC has violated the conditions imposed by DDA with regard to both
of them.
A September 2008
document of Infrastructure Leasing & Finance Services (IL&FS)
Infrastructure Development Corporation Ltd focused on Timarpur-Okhla integrated
municipal waste facility referred to contractual framework and mentioned about
“Land License Agreement for Okhla and Timarpur land for use of land for 25
years” and Shri Anurag Goyal, the then Director Projects, NDMC was recorded
saying, “NDMC provided land as its equity to the project.”
It is noteworthy
that Appellate Tribunal for Electricity for New Delhi headed by Justice
Surendra Kumar and Mr Rakesh Nath recorded on 19th May, 2015 a submission about
“Land leased by NDMC on nominal rate” as part of “promotional steps were taken
to promote Timarpur Okhla’s Plant” as part of its Judgment in Appeal Nos. 251
of 2013 and 325 of 2013. The company Timarpur-Okhla Waste Management
Company Ltd (TOWMCL) Old NDMC Compost Plant, Behind Central Road Research
Institute (CRRI), Mathura Road, New Delhi was appellant.
The documents from
1980, 1995, 2008 and 2015 create a compelling logic for DDA to cancel the land
allotment to NDMC and ensure that the land from TOWMCL is taken back and given
to DDA.
It is an
established practice that even a minor change with regard to land use is
required to published in the Gazette notification but the same has not been
done. Had DDA permitted changes in land use at Okhla, it would have published a
similar Gazette notification.
Residents and environmental
groups like ToxicsWatch Alliance (TWA) have been at a loss to comprehend as to
why have Delhi Government and Central Government not acted to save public
health in the face hazards from a highly polluting plant which has violated
every environmental norm and caused serious public health crisis. Unmindful of
the demands of the environmental groups and residents who seek closure of the
plant, the Chief Secretary has been paying lip-service about making efforts to
“improve emission standards.” This is manifestly misleading given the fact that
emission standards fixed by law have to be complied with and in the case of
non-compliance the plant has to be shut down for good. The legality of
allowing the plant to operate with “provisional” consent following withdrawal
of consent to operate has been highly questionable. Given the fact that all the
relevant clearances were granted for RDF technology, not for the unapproved
Chinese technology which has been used by the company, the grant of provisional
consent demonstrates collusion and connivance of the DPCC and Delhi Government.
This power plant
of TOWMCL was supposed to use RDF technology but it has been using an
unapproved Chinese technology brought to light by the report of Technical
Experts Evaluation Committee headed by Chairman, Central Pollution Control
Board (CPCB) prepared pursuant to 22th March 2011 dated order of the Union
Minister of Environment & Forests. This constitutes deviations from
approved technology. The Chinese technology provider is from Hangzhou New
Century Company Ltd of Hangzhou Boiler Group. The High Powered Technical
Experts Evaluation Committee of CPCB in its 31 page report on the
Timarpur-Okhla Waste to Energy Incinerator Plant brought to light the
illegalities committed by Jindal's TOWMCL. The report was communicated on March
22, 2012. This report is based on three meetings of the Technical Experts
Evaluation Committee held on April 26, 2011, August 11, 2011 and September 22,
2011 under the chairmanship of Chairman, CPCB.
In a related case
in an order Delhi High Court has observed, "10. In Master Plan for Delhi,
2021, notified on 07.02.2007, hazardous waste processing viz. hospital/medical/industrial
waste is amongst the industries, manufacturing of which shall be prohibited
within National Capital Territory of Delhi." The Court observed that
"This is a mandatory requirement of the guidelines issued by CPCB, that
such facility should be far away from residential and sensitive areas"
This plant
occupies some 10 acres of green area under the Master Plan of Delhi. In view of
the above submission, the letter has sought intervention of Lt Governor to
ensure compliance with conditions imposed by DDA, relevant environmental rules and
consider closure of the Dioxins emitting power plant located in a residential
and ecologically sensitive area.
Residents and
environmental groups who have been struggling against the proposal of such
hazardous technology based plant since March 2005 await the final verdict of
NGT with bated breath.
For Details: Gopal Krishna, ToxicsWatch Alliance (TWA), Mb: 9818089660, 08227816731, E-mail:
krishna1715@gmail.com, Web:www.toxicswatch.org
+ comments + 1 comments
Thank you for sharing this kind of blog here. Really useful posts. I could collect more information from your post. Thank you
good
Post a Comment