E-Paper
SC stays CPCB’s Rs 18-lakh fine on NTPC for non-compliance of emission norms
The country’s largest power producing utility was found to be non-compliant with the new emission norms introduced by the Centre in 2015 and was directed to deposit this penalty every month beginning June, 2020.
The Supreme Court has stayed an order passed by the Central Pollution Control Board (CPCB) imposing a penalty of Rs 18 lakh on National Thermal Power Corporation’s (NTPC) Dadri plant.
The country’s largest power producing utility was found to be non-compliant with the new emission norms introduced by the Centre in 2015 and was directed to deposit this penalty every month beginning June, 2020.
The NTPC approached the apex Court last week against the CPCB order of May 8 claiming that the pollution regulator failed to acknowledge the proceeding in the air pollution matter (MC Mehta case) where the issue of compliance of the 2015 New Environmental Norms for Thermal Power Plants is still pending. These norms were introduced by the Ministry of Environment, Forests and Climate Change (MoEF&CC) in order to curb the increasing levels of air pollution in Delhi and surrounding National Capital Region (NCR).
Solicitor General Tushar Mehta representing NTPC informed a bench of Justices Arun Mishra and S Abdul Nazeer that the apex court while hearing the MC Mehta case on December 10, 2018 noted the minutes of a meeting conducted by the Union Environment and Power Ministries with the amicus curiae assisting the Court and came to a consensus on allowing NTPC time till December 2021 to comply with the 2015 norms.
Amicus curiae and senior advocate Aparajita Singh who was appearing in the matter through video conferencing informed the Court that NTPC has already begun efforts to install Flue Gas Desulphurization (FGD) in its plants in order to achieve reduced emission levels of sulphur dioxide, oxides of nitrogen, and particulate matter.
The bench issued notice on NTPC’s application and said, “Recovery so far as regards to NTPC Ltd to remain stayed till the next date of hearing.” The Court posted the next hearing to July last week.
On a reading of the May 8 CPCB order, there is no mention of the MC Mehta case proceedings pending in the apex court. However, its decision has been guided by the timelines set by the Ministry of Power directing thermal power plants situated within a 300-kilometre radius of Delhi to comply with the revised norms by December 31, 2019.
The CPCB had worked out the penalty figure of Rs 18 lakh based on Dadri project’s non-compliance beginning January 1, 2020.
