A bench of NGT acting chairperson Justice A S Naidu and member G K Pandey ordered the Ministry of Environment and Forests (MoEF) to consider granting clearance for reopening of Jain Steel and Power Ltd's (JSPL) project, closed since February 17 due to non-supply raw materials, after examining the reports of the Central Pollution Control Board (CPCB) and Airport Authority of India (AAI).
"We direct that the project should not be allowed to be reopened till the relevant issues pertaining to the likely emissions of smoke and particulates and its impact on air pollution adjoining to the airport are critically evaluated.
"Till the report of Central Pollution Control Board and fresh clearance from AAI are available and submitted to MoEF for review, the plant will not be allowed to operate," the bench said.
The Tribunal in its November 22 judgement observed that JSPL, owned by Kolkata-based Jain Group, had been given a no objection certificate by AAI in May 2005 on the assurance that it would not use coal as a fuel, but as a reducing agent for iron ore.
"But then it appears that to raise the temperature in the rotary kiln, the required heat has to be produced by burning of coal inside the kiln and as such the undertaking given by the project proponent (JSPL) to the effect that coal would not be used as fuel does not appear to be the correct position," the bench said.
It directed MoEF to use the excess land acquired by JSPL "for the purpose of afforestation".
The bench directed CPCB and AAI to submit their reports to the MoEF within two months and directed the Ministry to take a decision regarding reopening of the project within one month after receiving the reports. (More)