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2024 Supreme(Online)(NGT) 3854
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. SUDHIR AGARWAL, J, HON’BLE DR. AFROZ AHMAD, ACJ
Ram Kailash Singh – Appellant
Versus
State of Uttar Pradesh & Ors. – Respondent
MA No. 100/2023 | Original Application No. 364/2022
None
Mr. Pradeep Misra, Mr. Daleep Dhyani, Shri Venkatesh, Mr. Anant Singh Ubeja, Mr. Kunal V Chopra, Mr. Dhaval Mehrotra, Ms. Aditi Desai
The court established the principle of 'Polluter Pays,' indicating that responsibility for environmental harm lies with the generating entity, affirming the necessity of compliance with environmental laws and regulations.
Headnote:(A) National Green Tribunal Act, 2010 - Section 14 and 15 - Environmental Protection - Complaint regarding wrongful disposal of fly ash by a power project - Tribunal directed coal-fired thermal plant to supply fly ash for mine filling and ensured environmental compliance through UPPCB monitoring. (Paras 1, 20, 38)
(B) Mining Regulations - The principle of 'Polluter Pays' established; responsibility lies upon the entity generating environmental pollution regardless of compliance by contractors or service providers involved. (Paras 12, 36)
Facts of the case:
The applicant lodged a complaint regarding fly ash disposal into a mine void by contractors linked with a thermal power plant, alleging violations of environmental laws. A joint committee verified the complaint and submitted findings, noting a distinction in responsible entities. (Paras 1-9)
Findings of Court:
The Tribunal found compliance with environmental norms was necessary and directed reclamation of the mine to occur with UPPCB supervision, ensuring adherence to environmental clearance and mine closure plans. (Paras 15, 38)
Issues: Whether the disposal of fly ash was compliant with environmental regulations, and accountability for any environmental harm. (Paras 2, 12)
Ratio Decidendi: The court emphasized that the obligation to prevent pollution remains with the polluter, underlining statutory responsibilities in environmental management. (Paras 12, 36)
Result: Application disposed of with directives to ensure compliance and reparation of environmental damage.
ORDER
1. Letter petition received in Tribunal on 29.03.2022 from Ram Kailash Singh s/o Ram Sajeevan Singh r/o Ginj Pure Baijnath, PS and Tehsil Bara, District Prayagraj was registered as Original Application (hereinafter referred to as ‘OA’) under Section 14 and 15 of National Green Tribunal Act , 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo- moto jurisdiction in view of law laid down by Supreme Court in “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
2. Complainant has said that fly ash of a power project at National Thermal Power Corporation (hereinafter referred to as ‘NTPC’) was being dumped in a mine void of a hill which has a gap of about 200 feet and is also filled with water upto 80 feet. The contractors of Thermal Power Corporation are forcibly dumping flyash in the said mine void causing damage to environment and violating the provisions of Environment (Protection) Act , 1986 (hereinafter referred to as ‘EP Act, 1986).
3. Tribunal took cognizance of complaint on 23.05.2022 but found it appropriate to verify facts and thus, constituted a joint Committee comprising representative of Regional Office of Ministry of Environment, Forest and Climate Change, Lucknow; Central Pollution Control board (CPCB); Uttar Pradesh Pollution Control Board; and District Magistrate, Prayagraj. Committee was required to submit its factual report within two months.
4. Pursuant to above order, joint Committee submitted its report through Regional Officer, UPPCB vide letter dated 28.07.2022 sent by email dated 29.07.2022. Report stated that in the area, there was no Thermal Power Station of National Thermal Power Corporation and instead M/s Prayagraj Power Generation Company Limited (hereinafter referred to as ‘PPGCL’), Bara Prayagraj was found operating and linked with abounded mines in question for disposal of bottom ash. Thermal Power Plant of 3x660 MW was commissioned by PPGCL which is a major source of ash generation in the area concerned. M/s PPGCL has given work order for disposal of bottom ash in the abandoned mine void to M/s Ram Raj Singh, Bhu khand No. 180 Pure Baijnath, Tehsil Bara, District Prayagraj. Smt. Ramrati Devi w/o Devraj Singh has also authorized Ram Raj Singh to use her mine for disposing the ash. The disposal of bottom ash, thus is by Ram Raj Singh who was granted Consent to Operate (hereinafter referred to as ‘CTO’) by UPPCB vide letter dated 18.12.2021, valid upto 31.07.2023, under Water (Prevention and Control of Pollution) Act , 1974 (hereinafter referred to as ‘Water Act, 1974’), and vide letter dated 18.12.2021, valid upto 31.07.2023, under Air (Prevention and Control of Pollution) Act , 1981 (hereinafter referred to as ‘Air Act, 1981’). District Environment Impact Assessment Authority, Prayagraj (hereinafter referred to as ‘DEIAA Prayagraj’) granted Environmental Clearance (hereinafter referred to as ‘EC’) dated 27.05.2017 in the name of Smt. Ramrati Singh w/o Shri Devraj Singh and total area of the project as per EC was 2.02 hectares. Copy of EC has been placed on record by joint Committee as Annexure F which is on page 209 but it shows that the same was issued for mining of gitti/boulder at Gata No. 180, area 2.02 hectares. The Joint Committee also recorded its observations found at the site and recommendations, which are reproduced as under:-
“B. Factual status at site:
1. Details layout indicating location of M/s PPGCL, Prayagraj, abundant mine, irrigation canal & other details are shown in map is enclosed as annexure G for reference and record.
2. As per information provided by PPGCL around 1800 ton/day bottom ash being generated and work order has been given to M/s Ram Raj Singh, Bhukhand No. 180, Pure Baijnath, Bara Prayagraj for disposal of 2,00,000 metric tons of bottom ash in to his abandoned mine. Out of which 55,000 metric ton has dispatched by PPGCL for disposal to the M/s Ram Raj Singh, Bhukhand No. 180, PureBaijnath, Bara Pra
