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Recently, the National Green Tribunal(NGT) has imposed a penalty of Rs.57.96 lakhs on NTPC for damaging the environment. The penalty was imposed based on the polluter pays principle by the Uttarakhand Pollution Control Board. A three-member NGT bench comprising Chairman Justice Adarsh Kumar Goel, Justice Sheo Kumar Singh, and expert Dr. Nagin Nanda upheld the order passed by the Board in December 2020 requiring NTPC to pay Rs. 57,96,000 in compensation for violating maintenance standards for muck disposal sites, resulting in environmental damage.
At the hearing of an appeal filed by NTPC against the order of the Uttarakhand, Pollution Control Board issued under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974 (Water Act). The Tribunal's Principal Bench held that the principle of Polluter Pays was appropriately invoked for harm caused to the environment. The tribunal observed that it is clear from the records that the muck slope dumped by NTPC was double the standards with potential for erosion.
In the present case, the Vishnugad Hydroelectric Project located in Chamoli District in Uttarakhand was operated by NTPC and 5 muck disposal dumping sites were created. Of those landfill areas, three were finished 3-5 years ago. While 2 are still operational and active. On 29 June 2020, the State Pollution Control Board noticed deficiencies in these sites and sent a notice to the NTPC. The State Pollution Control Board directed the NTPC to ensure that the unattended leveling, surface smoothing is done and unwanted material is removed. In order to improve soil fertility and plant suitable grasses, shrubs, and tree species in the degraded area, the Corporation was asked to apply manure and fertilizer.
The Uttarakhand Pollution Control Board performed a site inspection four months after the instructions were given to NTPC and observed that NTPC has not complied with the directions issued. The Board found that the muck dump slope was around 60 ° which was dangerously double the standards and the chance of even extreme mass erosion was caused by the upper side of the muck dump being exposed to water entry. In terms of very deep gully formation, the Board noticed tremendous mass erosion downstream of this muck dump under dangerous conditions.
Consequently, the State PCB ruled that the NTPC had not complied with the State PCB's regulations that resulted in environmental damage and was liable to pay a penalty of Rs57,96,000 under the 'Polluter Pays Principle.
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