National Green Tribunal
Battu Satish Reddy vs 1. National Thermal Power Corporation ... on 23 November, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.O1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 227 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Battu Satish Reddy,
Andhra Pradesh. ...Applicant(s)
STICE K. RAMAKRISHNAN, JUDICIAL MEM
EXPER IVEMBER
AER FAME
1. The grievance in this applicatiH#s 'regarding the non-compliance of the
conditions imposed in the Environmental Clearance (EC) granted to the first
respondent/National Thermal Power Corporation Ltd (NTPC), Simhadri
Power Plant at Visakhapatnam of Andhra Pradesh and also the conditions of
imposed by the Andhra Pradesh Pollution Control Board (APPCB) in
Consents granted. Further on account of non-maintenance of the pollution
control mechanism in a proper way and also mismanagement of the fly ash
generated, pollution is caused to air, water and soil resulting in huge health
hazards to the people in the locality. Though on the basis of the complaints,
certain inspections were conducted..and found that there are certain
violations of Environmental ) conditions and consent
conditions and the pollution contr sm is not properly maintained
by them, certain directigns were i improvement in the
of their op
. Further, one aC
aRLCe ee conditions and
the Ministry of Environment,. Forest and Climate Change (MoEF&CC),
Regional Office has found some dissatisfaction regarding the non-compliance
of conditions, but no serious action was taken against them. So the applicant
has no other remedy except to approach this Tribunal seeking the following
reliefs:-
(D
(4)
Direct the Union Ministry of Environment, Forest & Climate
Change and AP Pollution Control Board to initiate action
against Respondent No. 1 for violating the Conditions No.
(VID, (IX), (X), (XD, (XID, (XID, (XV), (XVID, (XVIID of
the Environment Clearance dated 23.07.1996 according to
the clause 3 of th (Prevention and Control of
Pollution) Act,
environmental protection as mandated in EC dated
23.07.1996 and 01.08.2007;
Direct the Respondent No. 1 to provide mandatory Green
Belt in the Unit around Ash pond according to the
Environment Clearances dated 23.07.1996 and 01.08.2007.
If sufficient land is not available the project may be
restricted according to the availability of natural resources
for implementing environment mitigation measures;
. On going through the allegations-m: he application, we are satisfied
that there arises a substantial q mvironment which requires the
interference of this Tribunal for ré he same. So, the application is
admitted. a &
them byjiling
pearing for the
t Sat they have téceived the copy of the
s
=
x aR Rluce necessary * = Se. ; W : "
ry postal stamp Re wk | service' SY appear, in their absence in accotdaneé with law. :
. In order to ascertain the genuineness of the allegations made in the application, we feel it appropriate to appoint a Joint Committee consisting of (1) The District Collector, Visakhapatnam District (2) a Senior Officer from Ministry of Environment Forests and Climate Change (MoEF &CC), Integrated Regional Office, Vijayawada, (3) a Senior Officer from Central Pollution Control Board (CPCB), Regional Office, Chennai, and (4) a Senior Officer from Andhra Pradesh Pollution Control Board (APPCB), Head Office, Vijayawada, Andhra Pradesh to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.
8. The committee is directed to ascéi
i) Whether there wa ation of Environmental Clearance ns committed by the first See x hether the ash ) s & & as NXg 3 Sd.as directed by te is" eomplying with the egy 100% disposal. of fly ash ge erated and if not, what is the percentage (%) of disposal achieved by them and what is the nature of action taken by the regulators for non-compliance of the same,
v) Whether the Ambient Air Quality (AAQ), Ground Water and the soil quality has been affected on account of any of the activities of the first respondent and if any contamination has been caused, what is the nature of remediation to be taken
vi) If any damage account of the v.
directed, to assess compensation paya s SS s 7 & SW wTIpact Ht eRwon Beer, air and soi eee oe pollution within the .projec _atea and also a reasonable distance outside the project area and if there is any damage caused to the agricultural operation on account of the air pollution/dust pollution, that aspect also is directed to be considered by the committee while submitting the report and also including the compensation if any payable on that aspect considering the nature of damage caused to the fertility of the land, affecting the productivity.
9. The Andhra Pradesh Pollution Control Board (APPCB) will be the nodal agency for co-ordination and for providing necessary logistics for this purpose.
10. Considering the gravity of the made and also the nature of this purpose. . Aw Y
11.The Comin ee.
dd not in the form of Image PDF alo} al report within : : te a the time specified above, then they are directed to file the Interim report regarding the violations committed by them and the probable damage, if any, caused to the water quality, air quality and soil quality in that area before the next hearing date.
13. The Registry is directed to communicate this order to the members of the committee and also to the official respondents immediately through e-mail, so as to enable them to comply with the direction for filing independent response as well as report directed by this Tribunal.
14.For appearance of parties, filing their, independent response and also for consideration of report, post on '