National Green Tribunal
Battu Satish Reddy vs 1. National Thermal Power Corporation ... on 5 July, 2023
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 227 of 2021 (SZ)
&
I.A. No. 85 of 2022(SZ)
(Through Video Conference)
IN THE MATTER OF
Battu Satish Reddy,
H.No. 5-55, Pittavani Palem, Kalapaka,
Pedgantyada, Visakhapatnam District,
Andhra Pradesh- 530031.
...Applicant(s)
Versus
1. National Thermal Power Corporation Ltd.,
Simhadri Plant,
Rep by its In-Charge,
Near Pittavani Palem Village,
Simhadri Post- 5310220.
Visakhapatnam, Andhra Pradesh.
2. Union of India,
Through its Secretary,
Ministry of Environment, Forest & CC,
Indira Paryavaran Bhavan,
Jorbagh, New Delhi- 110003.
3. State of Andhra Pradesh,
Rep by its Chief Secretary,
Interim Government Complex,
Velagapudi, Guntur District,
Andhra Pradesh- 522503.
4. Central Pollution Control Board,
Through Member Secretary,
Parivesh Bhawan, CBD-Cum Office Complex,
East Arjun Nagar, Delhi- 110032.
5. Andhra Pradesh Pollution Control Board,
Rep b its Member Secretary,
D. No. 33-26-14/D2,
Near Sunrise Hospital,
Pushpa Hotel Center,
Chalamvari Stree, Kasturibaipet,
Vijayawada, Andhra Pradesh- 520010.
6. District Collector and Magistrate,
Visakhapatnam,
Main Road, Ranivari Peta,
Krishna Nagar, Visakhapatnam,
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Andhra Pradesh- 530002.
...Respondent(s)
For Applicant(s): Mr. Sravan Kumar.
For Respondent(s): Mr. A.L. Somayaji, Senior Advocate along
with Mr. Mohan and Kumaresan For M/s.
King & Partridge for R1.
Mr. G. M. Syed Nurullah Sheriff along with
Mr. Suryaprabhu for R2.
Mrs. Madhuri Donti Reddy for R3, R5, R6.
Mrs. N. Nathami for R4.
Judgment Reserved on: 19th April, 2023.
Judgment Pronounced on: 05th July, 2023.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member.
1. The applicant claiming to be the resident of Pittavani Palem, Village situated adjacent to the 1st respondent, National Thermal Power Corporation (NTPC), at Vishakhapatnam in Andhra Pradesh has sought for a direction to the MoEF&CC and Pollution Control Board to initiate action against the 1st respondent for violating the specific conditions of the Environmental Clearance dated 23.07.1996 as per the Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974, and Environment (Protection) Act, 1986 and also pay appropriate compensation, rehabilitation and resettlement to the residents of Pittavani Palem Village of Visakhapatnam as per condition (ix) of the Environmental Clearance dated 23.07.1996 and implement the rehabilitation and resettlement policy of 2017 to the 2 affected people of Simhadri Thermal Power Plant of NTPC at Pittavani Palem Village of Visakhapatnam.
2. Further direction sought for to the 1st respondent to submit a report as to how the Rs.301.55 crores and 270.42 crores of money spent for the implementation of environmental mitigation measures and environmental protection as mandated in Environmental Clearance dated 23.07.1996 and 01.08.2007 and also to direct the 1st respondent to provide green belt in the unit around the ash pond as per the Environmental Clearance dated 23.07.1996 and 01.08.2007.
3. At the time of admission this Tribunal had appointed a Joint Committee comprising of the District Collector, Visakhapatnam, a Senior Officer of MoEF&CC, a Senior Officer of Central Pollution Control Board and a Senior Officer of Andhra Pradesh Pollution Control Board to inspect the area in question and submit a factual as well as action taken report in event of any violation found.
4. The said Joint Committee was directed to ascertain as to (i) whether there was any violation of the Environmental Clearance and consent conditions committed by the 1st respondent, (ii) whether pollution Control mechanism provided are sufficient to mitigate the situation of causing pollution of air, water and soil,
(iii) whether ash pond maintained by the 1st respondent are properly maintained, and (iv) whether the 1st respondent is complying with 100% disposal of fly ash generated and if not what is the percentage of disposal achieved by them and the action taken by the regulator in this regard.
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5. Additionally, the Joint Committee was directed to check whether the air ambient quality, ground water and soil quality are affected on account of the activities of the 1st respondent. The damages, if any, caused to the environment and also the remediation process were also directed to be ascertained.
6. Pursuant to the constitution of the Joint Committee, it had inspected the area on 29.12.2021. The Committee also has taken feedback from the villagers as to the problems which they were facing because of the functioning of the 1st respondent.
7. As reported by the Joint Committee, the Simhadri Super Thermal Power Project, NTPC operating at the Parawada, Visakhapatnam is generating electricity of 2000 MW using indigenous coal. The stage-I was established in 2002 and stage-II was established in 2011. The power plant is established in an extent of 3384 acres of which about 650 acres are having a green belt and reservoir in 200 acres with a 45 days capacity. The township comprises of 311 acres and the ash pond is of 605 acres. Currently the industry was generating the electricity from 1930 MW to 1960 MW in an average.
8. The industry had obtained the 1st Environmental Clearance on 23.07.1996, the second clearance in the year 2007 and the next one in the 2017 which is valid up to 31.08.2022. 4
9. The Joint Committee had observed non-compliances of the following main conditions of the Environmental Clearance which are as follows:
1. Detailed implementation status of Rehabilitation Master Plan for rehabilitation of 150 families, compensation package, training facilities etc., not submitted.
2. The industry has not installed adequate high pressure mist spray sprinklers at coal storage yard to control fugitive emissions effectively and they have provided only few mechanical water sprinklers at coal stock yards which are not sufficient.
3. The industry has not adopted mechanism for continuous monitoring of ground water establishing good network f observation wells in consultation with the Central Ground Water Board. Not submitting the results and data to ascertain the status of water quality and findings for evaluation.
4. Not carried leachate collection through Lysimeter at 6-10 locations around the ash dyke and not submitting monitoring report for ascertaining its change in water quality.
5. Not developed green belt around the ash dyke for controlling fugitive dust emission.
6. Not submitting half yearly report on the status of implementation of the conditions and environmental safeguards to the MoEF&CC, Regional Office.
7. A per GSR.02 (E) dated 02.01.2014, the analysis report of the ash & sulphur content present in the coal is not being submitted in quarterly basis to the MoEF&CC.
8. Uploading of EC letter's six monthly compliance report along with all monitoring data and environmental statement in Form-V is not being uploaded in the company website for public transparency.
10. Non-compliance of the main conditions in the consent to operate are as follows:
1. The industry is not maintaining permanent mechanical sprinklers for suppression of dust on the haul roads in between the villages.
2. The industry has not maintaining water cover in the ash pond area to prevent fly ash from getting air borne and air pollution in the surrounding area especially to the residents of Pittavani Palem.
3. During heavy rains, the industry has failed to collect the total chemosphere which is very light weight air entrapped ash particle in overflow lagoons thereby the chemosphere particles find its way to creek along with storm water.
4. The industry has developed the green belt to the extent of 20% of total area against the consent condition of 33% of total area of 3384 Acres. In order to meet 33% of the green belt development as per the conditions imposed by ANDHRA PRADESH POLLUTION CONTROL BOARD M/s. Simhadri Super Thermal Power Project, NTPC Limited, has reported that they have planted 5,50,000 saplings under Green Visakha Programme and also planted around 2.8 Lakh saplings in paderu under accelerated afforestation programme. The representative of the industry has informed that they have complied with the 33% of the green belt of total plant area excluding ash pond area, reservoir area & Township area.
11. Regarding the pollution control mechanism provided by the NTPC, whether it is sufficient to mitigate the pollution are also addressed 5 by the Joint Committee. It is stated that during the process of the power generation about 33,000 MT of coal burns per day and results in about generation of about 9000 MT of fly ash and 2000 MT of bottom ash per day and uses the sea water for making ash slurry. The industry has also provided three numbers of silos of 500 tonnes each for collection of fly ash for phase-I and three numbers of silos of 1200 tonnes each for stage-II. The dry ash system, Stage-I is augmented with 2x1200 tonnes plus 1x500 MT silos for better fly ash collection. To avoid the fugitive emissions the NTPC also has provided dust suppression systems at coal handling sections. The Flue Gas Desulphurization (FGD) is also under implementation.
Air quality
12. The continuous air quality monitoring station is also installed at Pittavanipalem, Devada, Marada Dasaripeta for PM10. Three numbers of continuous Ambient Air Quality (AAQ) monitoring station also installed at the periphery of the industries and connected to the CPCB/ANDHRA PRADESH POLLUTION CONTROL BOARD website. The NTPC also installed online stack analysers for all four stacks in 4x500 MW units.
Water
13. The NTPC consumes 4,29,240 KLD of sea water as make up water for industrial cooling and 21,600 KLD of fresh water. The industry generates 2,68,810 KLD of waste water. The NTPC has provided effluent treatment plant consisting of neutralization pond, Tube settler and coal settling pond for treating the DM plant regeneration effluents, CHP effluent etc. The NTPC has provided 6 two numbers of STPs of 1700 KLD capacity for township and 65 KLD capacity for plant. The treated sewage effluents utilised for on land irrigation within the industry premises. The main plant effluent which consists of the sea water is used for cooling purpose in the cooling water circulation system. The sea water blow down from the water cooling water circuit is sent to the Common Monitoring Basin from where a combined treated effluent having parameters within the limits is sent to marine outfall located 750 m away from the seashore. The marine outfall is designed with the help of Marine Institute of Oceanography, Goa and National Institute of Ocean Technology, Chennai and Tokyo KUEI company. There is also continuous effluent quality monitoring station.
14. There are four lagoons existing and the lagoon 1 and 3 covered in an area of 85 acres each and lagoon 2 and 4 are covered in an area of 115 acres each. Each lagoon is provided with separate garland drains which are connected to toe drains for collection of seepage water which is pumped back for recirculation for ash slurry preparation and dust suppression in ash pond area. The Andhra Pradesh Pollution Control Board has monitored the ambient air quality monitoring, source emission monitoring and collected waste water samples for analysis.
Fly ash Management
15. The Joint Committee has found that from 2017 to 2020, the industry has achieved 100% utilisation of the fly ash, total stock of ash in ash pond as on October, 2021 is 12.07 Million MT. The power plant is facing difficulty in achieving 100% ash utilisation due to providing of fly ash to the end users through a transparent 7 bidding process only as per the recent guidelines issued by the Ministry of Power, Government of India.
Ground water and the soil quality
16. The Joint Committee monitored the air ambient quality, stacks, ground water from piezo well, borewell and soil quality during the visit on 29.12.2021. The ground water department of Visakhapatnam has collected the ground water samples. As per the analysis results of the AAQ, the PM10 values exceeded the norms, hence the notice was issued on 27.01.2022. The Andhra Pradesh Pollution Control Board also conducted emission monitoring for the stack attached to coal fired boilers. The Central Pollution Control Board issued the directions regarding the compliance of the emission limits as per the notification dated 17.12.2015.
17. The Joint Committee constituted by this Tribunal also had filed a final report dated 07.01.2022. The Joint Committee has observed that as per the direction of this Tribunal regarding:
(i) Breach of consent conditions.
(ii) Pollution control mechanism
(iii) Ash pond maintenance.
(iv) 100% disposal of fly ash generated
(v) AAQ, ground water and soil quality.
(vi) Impact on the environment and the environmental compensation
payable.
(vii) Remediation process in an effective manner
(viii) Finally the impact of pollution on water, air and soil within the project
area and the damage caused to the agricultural operation etc.
18. After the inspection and thorough analysis, the Joint Committee had recommended the following measures and study to be taken up by the Simhadri Super Power Project immediately which are as follows:
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1. The industry shall suspend the excavation operations in ash ponds during heavy wind time.
2. The industry shall install micro meteorological station to monitor wind velocity and wind direction, accordingly, the industry shall handle excavation operations in ash ponds.
3. The industry shall monitor the performance of dust separators in coal handling plant, dust suppression in Ash handling/dyke and ESP.
4. The industry shall install adequate high pressure mist spray sprinklers at coal storage yard and also develop thick green belt with tall growing trees to control fugitive emissions effectively.
5. The industry shall provide bitumen/concrete to the haul roads in ash pond area where the heavy vehicular movement is there for transporting pond ash and also install mechanical water sprinklers along the haul road to control fugitive dust emissions in surrounding area.
6. The industry shall provide truck-tyre washing facility near ash pond area to avoid dust emissions during the movement of the trucks
7. The industry shall develop at least 10 rows of tall growing trees all around the ash ponds which may act as wind barrier.
8. The industry should remove the Fly ash deposits from the dyices from time t time for controlling the fugitive dust in and around the area.
9. M/s Simhadri Super Thermal Power Project (Stage-I&II), NTPC Limited, should attend the repairs whenever RO plants and bore wells are getting mechanical problems and restore the units & bore wells to supply the drinking water continuously to the Pittavani Palem and T. Devada Villages.
10. M/s Simhadri Super Thermal Power Project (StageI&II), NTPC Limited, should ensure to establish the piezometers with digital water level recorder at maximum number of locations to represent the villages and ash ponds based on Geo-hydrological conditions for regular monitoring of water levels from month to month, season to season and collect the water samples in pre-monsoon (i.e. May) and in post monsoon (i.e. in November) such water levels data and chemical analysis report should be submitted to the ground water department for further course of studying purpose.
11. The industry shall conduct long term Environmental Impact Assessment Study to ascertain the impact of pollution on water, air, soil and agricultural crops within 5 km radius of the project area including ash pond area through NEERI/any reputed Government institutions and conduct impact assessment study on human health due to pollution of M/s. Simhadri Super Thermal Power Project, NTPC Limited, if any, through ICMR institute/any reputed Government institutions.
19. Finally, the Joint Committee had recommended the payment of environmental compensation by the NTPC to the tune of Rs. 8,26,56,000/- (Eight Crore Twenty Six Lakh Fifty Six thousand) for the failure to comply with the condition of Environmental Clearance and consent issued by the MoEF&CC and Andhra Pradesh Pollution Control Board. The NTPC was also directed to comply with the direction issued by the CPCB and comply with the recommendations or suggestions of the study report of 9 environment impact assessment on water, air, soil and agricultural crops.
20. The 1st respondent, who is the NTPC, had filed a reply statement alleging that the application itself is not maintainable. As the application is made by the applicant with vested interest and with ulterior motives for being deprived of a lucrative transport contract. According to the 1st respondent, the applicant was a sub-contractor to the road concessionaire agency of the National Highways Authority of India (NHAI) which was carrying ash transportation from the 1st respondent from December, 2019 to June, 2021. The NHAI who had given him the contract had subsequently cancelled the same. Though, the 1st respondent is not responsible for the same, this application is filed out of sheer frustration and personal vendetta with malafide intention.
21. In fact the NTPC seems to have lodged complaints against the applicant for trespassing and FIR No. 117 of 2022 was lodged before the Parawada police station. The 1st respondent has further stated that it is committed in generating green power which is the first coastal coal fired thermal power station of NTPC. The land tract of the area is mostly arid and dry and being closer to the sea coast, the area is marshy and soil is saline or impervious in nature. The 1st respondent also had implemented various environmental mitigative measures and has already implemented high efficiency electrostatic precipitators, 275 m tall chimney, dust suppression systems, dust extraction system before commissioning of the unit.
22. In order to control the air emission/project and maintain the AAQ in the surrounding area, they have complied with the NAAQ norms. 10 The 1st respondent also complied with the latest emission standards for thermal power plants and subsequently its amendments. The 1st respondent also had carried out aggressive afforestation, planted more than 12 lakhs trees which are now fully grown. Over 6,60,000 numbers of trees are planted in the area covering 1470 acres of land in and around NTPC-Simhadri. In addition, 5, 50,000 numbers of plantations of trees under the Green Visakha Plantation programme in and around the city of Visakhapatnam was carried out by the 1strepsondnent. Thus contributing to the afforestation area of about 2550 acres in total and has incurred an expenditure of around 60 crores. The above facts would be evident from the awards and accolades given to the 1st respondent.
23. Regarding the air ambient quality and water test conducted by the Andhra Pradesh Pollution Control Board, the tests were conducted between 24.01.2023 and 27.01.2023 and again on 29.01.2023. Based on the data collected, the Andhra Pradesh Pollution Control Board had issued a notice on 31.03.2023 in which various values have been mentioned. The NTPC also had issued its reply setting out the correct information by way of explanation to the said notice. In the said notice in so far as AAQ is concerned, it was stated that the samples collected near raw water pump house and near administration office on various dates between 24.01.2023 and 26.01.2023 had higher values than the prescribed. Similarly, the stack monitoring values were also shown to be higher than the prescribed standards. For the notice dated 21.01.2023, the 1st respondent had issued detailed reply on 01.02.2023 contending that the values of PM10 and PM2.5 would be normally beyond the 11 stipulated limits due to temperature inversion effect during winter season and high presence of marine aerosols due to proximity to sea coast. As a matter of fact, the air ambient data provided in the PARNA portal of CPCB for Vishakhapatnam city during the very same test period between 24.01.2023 and 27.01.2023 at three stations were higher than the normal value. However, at GVMC Vishakhapatnam value was 221 which would put the AQI range very poor. Similarly, in so far as stack emission is concerned, the daily average was also within the norms which data was provided in reply dated 01.02.2023.
24. Regarding the water analysis, the Andhra Pradesh Pollution Control Board had undertaken study during the same period between 24.01.2023 and 27.01.2023. The water samples drawn from the applicant house, ground water wells in Pittavanipalem Village, NTPC plant sewerage treatment plant, from the township treatment plant and Piezo wells near ash dyke. The detailed report was provided by Andhra Pradesh Pollution Control Board on 31.01.2023, the water sample analysis data from ground water wells including that of the applicant house and STP were well within the prescribed limit.
25. It is also pointed out by the 1st respondent that pending these proceedings, the Andhra Pradesh Pollution Control Board had issued an order directing the NTPC to generate and provide a bank guarantee to the tune of 1.28 crores in favour of Andhra Pradesh Pollution Control Board towards proposed compensation arising out of the alleged violations. However, having being satisfied by the NTPC response and explanation, the Andhra Pradesh Pollution 12 Control Board vide letter dated 02.06.2022 had waived the requirement to provide the bank guarantee just closing the matter. It is also relevant to note that the Andhra Pradesh Pollution Control Board had extended the validity period of the 'Consent to Operate' for further 05 years in favour of the 1st respondent upto 31.08.2027. The Joint Committee in the final report also had recommended the long term environmental impact assessment study to ascertain the impact of pollution within 05km radius to be conducted through NEERI. In compliance of the same, the NTPC also by the order dated 27.10.2022 had awarded the said study to NEERI which is expected to be completed in a period of one year. The 1st respondent also has further pointed out that the MoEF&CC vide notification dated 05.09.2022 had extended the timeline for compliance of S.O No. 2 till 31.12.2024 from the earlier deadline of 31.12.2022.
26. The report of the Andhra Pradesh Pollution Control Board also has remarked that the industry has to take necessary measures to control the dust emission in the ambient air notwithstanding weather conditions. The industry has submitted that there was momentary increase of Nox in stack emissions and the same was attended thereby controlled the emissions. In respect of the particulate matters, the industry has submitted that PM increased due to falling of soot deposit lumps and soot blowing moderate in the specific zone and controlled the emission. Therefore, the industry has to take necessary measures to control emissions from the stacks.
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27. The Pollution Control Board also analysed the online data of stack emission attached to unit-4 from 24.01.2023 to 23.02.2023. As per the online data, the average value of particulate matter and NOx are within the standards of 50 mg/Nm3 and 450 mg/Nm3 respectively. The Andhra Pradesh Pollution Control Board also continuously monitoring the online data of stack emissions and ambient air quality and issuing alerts from time to time through Real Time Pollution Monitoring System. The industry's reply dated 23.02.2023 is attached as annexure-F wherein it was relied that they have taken rectification measures in Electro Static Precipitators and calibration of the equipments. Admittedly, MoEF&CC issued notification on 05.09.2022 and given time for compliance of SO2 emission standards. The industry is also under installation of Flue Gas Desulphurization (FGD) system to the stack attached to coal fired boilers and assured to complete the installation of FGD system by the middle of this year, 2023. For which MoEF&CC has granted time till 2024.
28. The applicant, who is the resident of Pittavani Palem, Village has filed this application. It is also stated that the lands belonging to the family members of the applicant were acquired for the purpose of thermal power station initially. The ash pond of the NTPC is situated 50 m from the house of the applicant and his family. Admittedly, the thermal power station was proposed and installed in the year 1993 with the approval of the MoEF and also doubled the power generation capacity. The applicant has been a mute spectator in this regard in all these years.
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29. The prayer in this application is for violation of the few of the conditions in the Environmental Clearance dated 23.07.1996. It is to be noted that thereafter the 1st respondent had obtained the Environmental Clearance in the year 2007 and again in the year 2017 which is valid till 31.08.2022. Therefore, whether the applicant can seek a direction to initiate action against the 1 st respondent for violation of Environmental Clearance which was granted more than 02 decades ago. Whereas Section 14 of the National Green Tribunal, 2010 mandates filing of an application within a period of 06 months from the date of cause of action first arose.
30. Secondly, the applicant has sought for a direction to the 1 st respondent to pay appropriate compensation, rehabilitation and resettlement to the residents of Pittavani Palem Village of Visakhapatnam as per condition (ix) of the Environmental Clearance dated 23.07.1996 and also implement the Rehabilitation and Resettlement Policy of 2017. Here again, we have to point out that Section 15 of National Green Tribunal, 2010 provides for the relief of compensation and restitution which should have been filed by the claimant within a period of 05 years from the date on which the cause of action first arose with the further extended period of 60 days.
31. Besides Rule 12 of the National Green Tribunal (Practice and Procedure) Rules, 2011 mandates that an application or appeal where compensation has been claimed shall be accompanied by a fees equivalent to 1% of the amount of compensation claimed subject to minimum of Rs. 1,000/-. In this case, the applicant has 15 neither quantified the compensation nor paid the 1% fee as per the NGT Rules. Therefore, he cannot seek for the prayer of compensation.
32. The next prayer of seeking a report on the money spent for the implementation of the environmental mitigative measures and environmental protection as mandated in Environment Clearance dated 23.07.1996 and 01.08.2007 are also not available to the applicant as the same can be obtained by him by other legal methods.
33. Finally the provisions of mandatory green belt have already been addressed in the reports of the Joint Committee as well as by the Andhra Pradesh Pollution Control Board.
34. In the result,
(i) In view of the above discussions, the Original Application is dismissed.
(ii) However, in the order dated 03.11.2022, it is recorded that pursuant to the report of the Joint Committee the 1 st respondent had given the contract to National Environmental Engineering Research Institute (NEERI) for conducting a long term Environmental Impact Assessment Study to ascertain the impact of the pollution on air, water, soil and agricultural corps within 05 km radius of the project area. The said exercise also would take approximately a year to complete. The 1st respondent is directed to continue with this assessment study and 16 strictly follow and implement the recommendations or suggestions given, if any. The Andhra Pradesh Pollution Control Board is directed to monitor the same.
(iii) In the Joint Committee report the 1st respondent was awarded an Environmental Compensation for violation of conditions of the Environmental Clearance and the consent issued by MoEF&CC and Pollution Control Board. The Pollution Control Board is to recover the same in the manner known to law.
(iv) No order as to costs.
35. In view of the dismissal of the above Original Application, I.A. No. 85 of 2022 is also dismissed.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.227/2021(SZ)& I.A. No.85/2022(SZ) 05th July, 2023.(AM) 17 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 227 of 2021(SZ) & I.A. No. 85of 2022(SZ) Battu Satish Reddy, Vs. NTPC & ors.
O.A. No. 227/2021(SZ)& I.A. No. 85/2022(SZ) 05th July, 2023. (AM) 18