National Green Tribunal
News Item Titled "Residents Stage ... vs . Ankita Sinha & Ors." Reported In 2021 on 19 November, 2024
Item No. 05 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 1302/2024
News Item titled "Residents stage protest against pollution caused by
Vijayawada Thermal Power Station" appearing in The Hindu dated
04.11.2024
Date of hearing: 19.11.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. This original application is registered suo-motu on the basis of the news item titled "Residents stage protest against pollution caused by Vijayawada Thermal Power Station" appearing in The Hindu dated 04.11.2024.
2. The matter relates to the environmental pollution caused by the Vijayawada Thermal Power Station (VTPS) resulting in staging of protest by residents of Ibrahimpatnam and Kondapalli, two areas near Vijayawada in Andhra Pradesh. As per the article, Dust and ash emanating from the plant and is causing heart and lung ailments. Ash released by the power plant is polluting the villages in about a 10-km radius and damaging the nearby crops. The article highlights that ash from the power plant was falling on houses in nearby colonies such as Tummalapalem, Jupudi, Kilesapuram, Kethanakonda, Kondapalli, and Guntupalli. 1
3. The above matter indicates violation of the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act, 1986.
4. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
5. Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon'ble Supreme Court in the matter of "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors." reported in 2021 SCC Online SC 897.
6. Hence, we implead the following as respondents:
i. Andhra Pradesh Pollution Control Board (APPCB), Through its Member Secretary Andhra Pradesh Pollution Control Board, Poranki, Vijayawada - 521 137, Andhra Pradesh, India.
ii. Central Pollution Control Board (CPCB), Through its Member Secretary Central Pollution Control Board (CPCB), Parivesh Bhawan, East Arjun Nagar, Delhi - 110032, India.
iii. Ministry of Environment, Forest and Climate Change (MOEF) - Regional Office, Andhra Pradesh Ministry of Environment, Forest & Climate Change, Regional Office (Southern), 3rd Floor, D.No. 24-5-47/4, Lalithapuri, K.P. Road, Vijayawada - 520 010, Andhra Pradesh, India. iv. District Magistrate (DM), Vijayawada Office of the District Magistrate, Collectorate Complex, NTR Circle, Vijayawada, Andhra Pradesh - 520 001, India. 2
7. Issue notice to the above respondents for filing their response/reply by way of affidavit before the Southern Zonal Bench of the Tribunal at least one week before the next date of hearing. If any respondent directly files the reply without routing it through his advocate then the said respondent will remain virtually present to assist the Tribunal.
8. Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench. Therefore, the original record of this OA be transferred to the Southern Zonal Bench, Chennai for further action.
9. List before Southern Zonal Bench at Chennai on 10.01.2025.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM November 19, 2024 O.A. No. 1302/2024 HB..
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