JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. Subhender S/o Ram Pal, resident of Village-Sutana, District Panipat, State of Haryana sent a letter petition dated 21.02.2022, taking cognizance whereof, Tribunal in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401 registered it as Original Application (hereinafter referred to as ‘OA’) under Sections 14 and 15 of National Green Tribunal (hereinafter referred to as ‘NGT Act, 2010’).

2. Complainant had stated that Thermal Power Plant namely ‘Tau Devi Lal Panipat Thermal Power Station’ (hereinafter referred to as ‘PTPS’) is situated at village Khukhrana, District Panipat. It uses coal as fuel for generation of electricity. Fly ash obtained in the process of generation of electricity as residue was dumped in nearby area. During peak summer season, fly ash particles spread over the nearby villages Sutana, Jatal, Khukhrana, Untla, Aasan etc. making serious breathing problems and trouble to the passersby and the residents. In the evening of 20th May, 2022, there was heavy wind due to which fly ash entered the houses of vi