NGT grants conditional stay on ₹8.97-crore fine on Panipat plant

The NGT has granted a conditional stay on ₹8.97 crore penalty for Panipat Thermal Power Plant, allowing six weeks to submit compliance details.

New Delhi: The National Green Tribunal (NGT) has granted a conditional stay on the ₹8.97 crore environmental compensation (EC) imposed on the Panipat Thermal Power Plant and has given six weeks to file proper details and responses. The move follows a similar stay on the ₹33 crore EC imposed on the Talwandi Sabo Thermal Power Plant last week.

The penalty was levied due to failure to meet the mandatory requirement of co-firing at least 5% biomass pellets or briquettes made from crop residue along with coal (HT)

On April 8, the Commission for Air Quality Management (CAQM) had shared an order cracking down on thermal power plants around Delhi for failing to co-fire crop residue, imposing nearly ₹61 crore in EC on six coal-based power plants in Punjab, Haryana, and Uttar Pradesh.

The penalty was levied due to failure to meet the mandatory requirement of co-firing at least 5% biomass pellets or briquettes made from crop residue along with coal.

In its order dated April 24, a bench comprising NGT chairperson justice Prakash Shrivastava and expert member Afroz Ahmad heard the appeal challenging CAQM’s EC for non-compliance with the Environment (Utilization of Crop Residue by Thermal Power Plants) Rules, 2023.

The appellant contended that compliance was not possible due to a shortage of torrefied biomass pellets and relied on a communication from the Central Electricity Authority acknowledging such constraints. It was argued that CAQM failed to consider these practical difficulties and incorrectly rejected the plea of force majeure.

CAQM submitted that adequate biomass pellet availability existed and that the appellant’s utilization was significantly below required levels. The tribunal has admitted the appeal and directed respondents to file their reply within six weeks along with original records related to the impugned order.

“Having regard to the arguments advanced by learned counsel for the parties and also considering the effect of non-compliance of the rules of 2023 and non-use of torrefied pellets by the appellant on pollution in the NCR, we are of the view that grant of conditional stay in the matter will serve the interest of justice,” the NGT said.

The plant is run by the Haryana Power Generation Corporation Limited (HPGCL).