HC stays OSPCB order to close power plant in Angul

Cuttack: The Orissa high court has granted a stay on the order for halt of all operations at Jindal India Thermal Power (JITP)’s plant in Angul issued by the Odisha State Pollution Control Board (OSPCB) on March 23. The stay order shall remain effective till July 25, the date to which the high court has adjourned further hearing on JITP’s petition that challenged OSPCB’s closure notice to the power plant for discharging waste water directly into the Kaudia nullah, which in turn falls into the Tikira river.
While issuing the interim order on April 15, the single-judge bench of Justice S K Panigrahi described OSPCB’s closure order as “a disproportionate response given the company has already achieved a high level of compliance and is making efforts to reach full compliance”.
Justice Panigrahi said, “Indeed, an overly rigid adherence to paper rules and procedures can be harmful, if it overlooks the underlying purpose or substance of the rules in the first place. The balance between structure and flexibility can lead to more effective and meaningful outcomes.”
“Moreover, it is assured by the company and an independent agency that the discharge of treated waste water is not hazardous to the health of the people or the environment. Consequentially, the closure of the company may indeed seem unjustifiable for it is important to balance environmental considerations with the practical realities faced by businesses,” Justice Panigrahi observed.
Justice Panigrahi said thermal power plants are integral to the state’s energy infrastructure, particularly during the peak demand period of summer. “The abrupt closure of these facilities could consequently have profound social and economic repercussions, including potential job losses and discernible disruptions to the power supply,” Justice Panigrahi further observed.
Senior advocate Mukul Rohatgi, appearing on behalf of the company, submitted the OSPCB issued the closure notice in a hush-hush manner without having a glance at the reality. Kakudia nullah originates outside the premises, passes through the plant, and eventually merges with the Tikira river. Consequently, runoff water from the stormwater drains may mix into the Kakudia nullah, he claimed.