Case Note & Summary
The case involves appeals by several thermal power plants (TPPs) against an order of the National Green Tribunal (NGT) dated 18.01.2022. The NGT had issued directions for remedial measures including timely installation of air pollution control and monitoring devices, timely utilization and disposal of fly ash, and scientific designing of ash ponds. The appellants, being TPPs, challenged these directions. The Supreme Court, hearing the appeals together, upheld the NGT's directions. The court held that the directions were necessary to protect the environment and public health, and were in line with the principles of sustainable development, polluter pays, and precautionary principle. The court emphasized that TPPs must comply with environmental norms and take necessary measures to control pollution. The appeals were dismissed, and the NGT's order was affirmed.
Headnote
A) Environmental Law - Remedial Measures for Thermal Power Plants - Directions for installation of air pollution control devices and scientific disposal of fly ash - The NGT issued directions for remedial measures including timely installation of air pollution control and monitoring devices, timely utilization and disposal of fly ash, and scientific designing of ash ponds. The Supreme Court upheld these directions, holding that they are necessary to protect the environment and public health. (Paras 2, 21) B) Environmental Law - Polluter Pays Principle - Application to Thermal Power Plants - The court applied the polluter pays principle, holding that TPPs must bear the cost of remedial measures for pollution caused by their operations. (Para 21) C) Environmental Law - Precautionary Principle - Application to Environmental Compliance - The court applied the precautionary principle, requiring TPPs to take preventive measures to avoid environmental harm even in the absence of scientific certainty. (Para 21)
Issue of Consideration
Whether the National Green Tribunal (NGT) was justified in issuing directions for remedial measures including installation of air pollution control devices and scientific disposal of fly ash by thermal power plants (TPPs) under the Environment Protection Act, 1986.
Final Decision
The Supreme Court dismissed the appeals and upheld the NGT order dated 18.01.2022, directing the appellants to comply with the remedial measures.
Law Points
- Environmental law
- Polluter pays principle
- Precautionary principle
- Sustainable development
- Compliance with environmental norms
