Supreme Court shoots down NTPC, Hindalco plea to use banned furnace oil, pet coke

SC had on November 1 banned use of pet coke and furnace oil in the three states. The order came at a time when the pollution levels in Delhi had spiked

The Supreme Court (SC) declined to exempt power generating government companies – National Thermal Power Corporation (NTPC) and Hindalco from its order that bans use of furnace oil and pet coke in Rajasthan, Uttar Pradesh and Rajasthan.

SC had on November 1 banned use of pet coke and furnace oil in the three states. The order came at a time when the pollution levels in Delhi had spiked (Ravi Choudhary/HT PHOTO)

A bench headed by justice MB Lokur refused to accept the submissions of the companies’ counsel that the ban would affect the business, and end in closure of their production units leading to a loss of jobs.

On behalf of NTPC, additional solicitor general, Tushar Mehta, submitted that if the permission is not granted then there would be a blackout as power generation would get affected. “We are supplying power to the entire country,” Mehta said.

“Please do not give this argument. Please tell us — isn’t Delhi a part of this country and aren’t children part of this country,” justice Lokur said, refusing to issue any order on NTPC’s application seeking time to convert to alternative cleaner fuel. The court said the Union of India too had issued a notification to ban industrial use of the two fuels. “Since the Centre has come out with a notification you can approach them instead of asking us to issue an order,” the judge said.

Similarly, Hindalco’s plea was turned down. Senior advocate Kapil Sibal, said the company’s plant was 932 kilometers away and the PM 2.5 level in the area on November 7 – when Delhi was enveloped in a toxic haze – was just 25. “There are 22,000 employees in the unit. The plant would have to shut down if we do not get time to switch over. At the moment, the plant is not equipped to use any other fuel other than furnace oil,” he submitted.

SC had on November 1 banned use of pet coke and furnace oil in the three states. The order came at a time when the pollution levels in Delhi had spiked, forcing authorities to shut down schools for primary-level students. Later the Centre and CPCB notified the ban. Last week, the apex court had asked all states and union territories to consider prohibiting the use of the two polluting fuels.

According to NTPC, its plants in NCR and Uttar Pradesh require furnace oil as secondary fuel to start and shut the unit. During low load and other emergency situations, furnace oil is used for stability of combustion and safety of boiler. The plants, it said, were commissioned long back when use of furnace oil was prescribed and it was not possible to operate without the fuel.

Hindalco said its plant in Renukoot, UP, uses furnace oil in calciners to maintain high temperature required for calcinations. It is also used in Anode baking furnaces.