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2025 Supreme(Online)(NGT) 1831
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Dr. Arun Kumar Verma, EM
Vijay Kumar Singh Urf Dablu Singh – Appellant
Versus
State of Bihar – Respondent
Original Application No.06/2025/EZ | O.A. No.976/2024/PB
For the Applicant(s): None
For the Respondent(s): Ms. Amrita Pandey, Adv. for SPCB, Bihar
Compliance with environmental regulations is crucial and timely adherence to recommendations from regulatory bodies is mandated to safeguard public health and the environment.
Headnote:(A) Environment (Protection) Act, 1986 - Compliance with environmental regulations - Joint Committee investigated air pollution claims concerning Thermal Power Plants of NTPC and BRBCL - Report found no violations of environmental laws, only minor non-observances for which recommendations were made - Tribunal directed project proponents to act upon recommendations within three months. (Paras 5-6)
(B) Environmental Compliance - Tribunal stressed the necessity for timely compliance reports from the Bihar State Pollution Control Board regarding environmental recommendations. (Paras 8-10)
Facts of the case:
The application cited concerns over air pollution from two thermal power plants using waste material for electricity generation, prompting investigations and compliance recommendations by the Joint Committee.
Findings of Court:
The Court directed adherence to the Joint Committee's recommendations, enhancing environmental compliance and monitoring mechanisms.
Issues: The main issues included air pollution caused by thermal power generation and the necessity for compliance with environmental guidelines.
Ratio Decidendi: The Court concluded that while violations were absent, the need for compliance with environmental standards was emphasized, engendering significant procedures to ensure environmental safety and health standards for local populations.
Result: Application disposed of with directions for compliance.
| Table of Content |
|---|
| 1. air pollution impact from thermal power plants. (Para 2 , 3) |
| 2. importance of compliance with environmental standards. (Para 5 , 6 , 11) |
| 3. tribunal directives for prompt compliance reporting. (Para 12) |
ORDER
1. Case called out. No one is present for the Applicant.
2. Heard Ms. Amrita Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Bihar State Pollution Control Board.
3. No one is present for the Central Pollution Control Board (CPCB) as well as for the National Thermal Power Corporation (NTPC).
ORDER
1. The Original Application No.976/2024 was registered by the New Delhi Bench of the National Green Tribunal by an order dated 03.10.2024 on the basis of a letter petition sent by the Applicant, Vijay Kumar Singh Urf Dablu Singh, resident of Kshatriya Nagar, G.T. Road, Aurangabad, State of Bihar.
2. The complaint in the letter petition was that there are two Thermal Power Plants of National Thermal Power Corporation namely BRBCL and NPGC functioning at Nabinagar, District Aurangabad, wherein fuel used for generation of electricity comprised a waste material, black filter dust and rejected coal which is causing air pollution effecting local people and creating health hazards.
3. The New Delhi Bench of the National Green Tribunal constituted a Joint Committee to collect relevant information after visiting the site and submit a factual report. The Committee submitted its report which was brought on record in the proceedings through the reply affidavit of the Central Pollution Control Board dated 26.11.2024. On 29.11.2024, the New Delhi Bench of the National Green Tribunal passed the following order:-
“Item No.11 Court No. 2 BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No. 976/2024 Vijay Kumar Singh Urf Dablu Singh Bhiar Vihar Sabha Applicant(s) Versus State of Bihar Respondent(s)
Date of hearing: 29.11.2024 CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIALMEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER Applicants: None Respondents: Mr. Srinivas Vishven, Advocate for CPCB Mr. Adarsh Tripathi, Advocate for NTPC (through VC)
ORDER
1. This Original Application was registered on a letter petition dated 17.12.2023 sent by Vijay Kumar Singh, alias Dablu Singh, resident of Kshatriya Nagar, G.T. Road, Aurangabad, State of Bihar.
2. Complainant has said that there are two Thermal Power Plants of National Thermal Power Corporation namely BRBCL and NPGC functioning at Nabinagar, District Aurangabad, wherein fuel used for generation of electricity comprised a waste material, black filter dust and rejected coal which is causing air pollution effecting local people and creating health hazards.
3. Tribunal after being prima facie satisfied that a substantial question relating to environment has arisen entertained the matter but found it appropriate to obtain a factual report and thus constitute a Joint Committee comprising Central Pollution Control Board (hereinafter referred to as ’CPCB), Bihar State Pollution Control Board (hereinafter referred to as BSPCB), Integrated Regional Office, Ministry of Environment, Forest and Climate Change Aurangabad and District Magistrate, Aurangabad.
4. Joint Committee submitted report dated 26.11 2024 vide email dated 28.11.2024 through Central Pollution Control Board (hereinafter referred to as ‘CPCB’) which was made Nodal Authority. Report shows that Members of Joint Committee visited the sites of both thermal plants Its observations and recommendations have also been given and we reproduce the same as under:
"Site visit of M/s NTPC Ltd., Nabinagar Super Thermal Power Station (Old name M/s Nabinagar Super Thermal Power Project), Nabinagar, Aurangabad.
1. M/s NTPC Ltd., Nabinagar Super Thermal Power Station (Old name M/s Nabinagar Super Thermal Power Project), Nabinagar, Aurangabad having power generation capacity of 1980 MW with 3 Supercritical units of 660 MW. The plant is situated in Aurangabad District of Bihar. The power generated from this plant is dis
