DATE OF JUDGEMENT: 18th February, 2021
JUDGES: Hon’ble Mr. Justice Adarsh Kumar Goel (CHAIRPERSON), Hon’ble Mr. Justice Sheo Kumar Singh (JUDICIAL MEMBER) & Hon’ble Dr. Nagin Nanda, (EXPERT MEMBER)
PARTIES
- M/s NTPC Limited (Plaintiff)
- Uttarakhand Pollution Control Board (Respondent)
SUBJECT: A three member Bench of NGT comprising of Chairperson Justice Adarsh Kumar Goel, Justice Sheo Kumar Singh and Expert members Dr Nagin Nanda upheld the order passed by the Board in December 2020 requiring NTPC to pay compensation of Rs. 57,96,000 for violating muck disposal sites maintenance norms, resulting in damage to the environment.
AN OVERVIEW
(i) Appellant Corporation was operating Vishnugad Hydroelectric Project, District Chamoli, Uttarakhand. It has set up 5 muck disposal dumping sites in Tapovan – Vishnugad Hydroelectric Project, out of which 3 were completed 3-5 years back while 2 are still active and operational.
(ii) The State PCB found deficiencies and directed the appellant to take certain measures thereafter an inspection was conducted by the State PCB on 23.10.2020 and 24.10.2020 and non-compliances were noticed based on which the impugned order has been passed.
(iii) Among other things it was found that “the slope of muck dump is observed to be about 60° which is hazardously double the standards. The upstream side of the muck dump is subjected to the entry of water which has further added to trigger severe mass erosion. Consequently, under such unstable conditions, as expected, huge mass erosion has been seen in terms of very deep gully formation in downstream of this muck dump.
(iv) The Committee may give its report within one month and let a compliance report be furnished to this Tribunal by the SPCB by 31.03.2020 by e-mail.
ISSUES
This appeal has been preferred against order dated 07.12.2020 passed by the Uttarakhand Pollution Control Board under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974 (Water Act) requiring the appellant to pay compensation of Rs. 57,96,000/- on polluter pays principle for restoration of the environment. The appellant was found to have violated muck disposal sites maintenance norms, resulting in damage to the environment
ANALYSIS OF THE JUDGEMENT
- A three member Bench of NGT comprising of Chairperson Justice Adarsh Kumar Goel, Justice Sheo Kumar Singh and Expert members Dr Nagin Nanda upheld the order passed by the Board in December 2020 requiring NTPC to pay compensation of Rs. 57,96,000 for violating muck disposal sites maintenance norms, resulting in damage to the environment.
- The Tribunal issued the directions while hearing an appeal filed by NTPC against order of the Uttarakhand Pollution Control Board issued under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974 (Water Act).
- Consequently, the Principal Bench of the Tribunal has held that the Polluter Pays principle has been rightly invoked for damage caused to the environment. It observed that it is evident from the reports that slope of the muck dumped by NTPC was hazardously double the standards with potential for erosion.
- The NGT further observed that the amount of compensation to be amount recovered by the State Pollution Control Board could be utilized for restoration of the environment in the District according to the action plan for the purpose
- State PCB directed NTPC to repair and strengthen the damaged toe protection and contour stone walls with proper engineering design and provide suitable fencing to control excess human and animal interference. The Board also asked NTPC to ensure that the unattended works of levelling, surface smoothing are completed and unwanted material is removed. The Corporation was asked to apply manure and fertilizer to improve the soil fertility and plant suitable species of grasses, shrubs and tree in the degraded area.
- Four months after the directions were given to NTPC, the Uttarakhand Pollution Control Board conducted an inspection of the site and and noticed non-compliance.
- It was found that, the toe wall has been constructed but it was found as damaged in one side of the dumping zone. The slope of muck dump is observed to be about 60° which is hazardously double the standards. Upstream side of the muck dump is subjected to the entry of water which has further added to trigger severe mass erosion. Under such unstable conditions, as expected, huge mass erosion has been seen in terms of very deep gully formation in downstream of this muck dump
- The State PCB therefore held that the NTPC had not complied with the directions of the State PCB which had resulted in damage to the environment and is liable to pay compensation on 'Polluter Pays' principle of Rs. 57, 96,000.
CONCLUSION
Consequently, to all the points mentioned above the Court held that, action suggested by the Committee needs to be taken by the NTPC and other concerned which may be overseen by the same Committee which may be coordinated by the State PCB. The State PCB may also assess and recover compensation for the damage to the environment in accordance with law. Further compliance report be filed within three months from today by e-mail. The State PCB, in the light of the above developments, held that the appellant had not complied with the directions of the State PCB which had resulted in damage to the environment. The State PCB assessed the compensation on ‘Polluter Pays’ principle of Rs. 57,96,000/. The appellant has mentioned in the memo of appeal its action plan for compliance of environmental norms by completing the muck dumping sites and repair of the damaged toe protection wall. These works are to be completed by 31.05.2021.
Consequently, as there is no merit in the appeal as ‘Polluter Pays’ principle has been rightly invoked for damage to the environment. Accordingly, the appeal is dismissed by the bench and the amount of compensation which may be recovered by the State PCB may be utilized for restoration of the environment in the District.
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