NGT Judgment Reinforces Air Pollution Regulations in Coal Transport and Fly Ash Disposal

Introduction

The case of Pankaj Kumar Mishra v. Union of India adjudicated by the National Green Tribunal (NGT) on May 10, 2023, marks a significant milestone in the enforcement of environmental regulations pertaining to air pollution control in India. The applicant, Pankaj Kumar Mishra, filed a grievance against the Union of India and other respondents, highlighting the systemic failures in managing air pollution in the regions of Singrauli and Sonbhadra, located in Uttar Pradesh (UP) and Madhya Pradesh (MP). The primary concerns revolved around the transportation of fly ash by thermal power stations, unregulated coal mining activities, and the operation of stone crushers, all of which were contributing to severe air pollution, violating the guidelines set forth by the Central Pollution Control Board (CPCB).

Summary of the Judgment

The NGT, upon reviewing detailed reports submitted by a joint committee comprising members from the Ministry of Environment, Forest and Climate Change (MoEF&CC), CPCB, and State Pollution Control Boards (PCB) of UP and MP, identified multiple violations across various sectors. The Tribunal found that the transportation of fly ash and coal was being conducted in non-compliant vehicles lacking adequate tarpaulin covers, leading to significant spillage and consequent air pollution. Additionally, unregulated activities in coal mines and stone crushers were exacerbating the situation.

The NGT directed the immediate implementation of remedial measures, emphasizing the necessity of adhering to CPCB guidelines. It also underscored the importance of accountability, mandating stringent compliance and the imposition of penalties on violators. A comprehensive set of recommendations was provided to address both current violations and to prevent future occurrences, aiming to restore environmental balance and safeguard public health in the affected regions.

Analysis

Precedents Cited

The judgment extensively references previous landmark cases that have shaped environmental jurisprudence in India. Notably:

• M.C. Mehta v. Union of India (1987): This case established the "Polluter Pays" principle, holding that those who cause pollution are liable to compensate for the damage caused.
• Sarla Verma v. Delhi Administration (2009): The Supreme Court emphasized the state's duty to protect its citizens from environmental hazards, linking compensation to established legal principles.
• Uphaar Cinema Fire Tragedy (2011): Highlighted the importance of corporate accountability and the necessity for stringent safety and environmental norms.
• Goel Ganga v. State of U.P. (2018): Reinforced the need for effective implementation of environmental safeguards and penalizing non-compliance.

These precedents influenced the NGT's approach, reinforcing the necessity for strict adherence to environmental norms and ensuring that violators are held accountable.

Legal Reasoning

The NGT's legal reasoning is anchored in the comprehensive analysis of factual reports and the application of established environmental laws and guidelines. The Tribunal identified specific violations such as inadequate tarpaulin covers on transport vehicles, lack of CCTV surveillance for monitoring, and poor management practices in fly ash disposal.

By invoking the "Polluter Pays" principle, the NGT underscored that responsible parties must bear the costs of pollution and remediation. The Tribunal also emphasized the need for systemic changes, including the installation of advanced monitoring systems like CCTV cameras and the use of mechanically designed covered trucks to prevent spillage.

Furthermore, the NGT mandated the creation of specialized committees and missions to oversee the implementation of recommendations, ensuring continuous monitoring and accountability.

Impact

The judgment is poised to have far-reaching implications on environmental governance in India. By enforcing stricter compliance with CPCB guidelines, the NGT sets a precedent for other regions grappling with similar pollution issues. The emphasis on technological solutions, such as CCTV surveillance and high-quality tarpaulins, introduces a new standard for environmental compliance.

Additionally, the establishment of dedicated missions and committees for ongoing oversight ensures sustained attention to environmental concerns, potentially influencing future legislative and regulatory frameworks. The accountability measures and penalties outlined serve as a deterrent against non-compliance, promoting a culture of environmental responsibility among industries.

Complex Concepts Simplified

Fly Ash Management

Fly ash is a byproduct of burning pulverized coal in thermal power plants. Proper management involves ensuring that fly ash does not contaminate air or water resources. This includes safe transportation, storage, and utilization practices to minimize environmental impact.

Polluter Pays Principle

This legal principle mandates that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. It discourages businesses from polluting by internalizing the cost of pollution control.

Comprehensive Environmental Pollution Index (CEPI)

CEPI is a metric used to quantify the level of environmental pollution in a specific area. It takes into account various pollutants and provides an overall score indicating the severity of pollution, aiding in the assessment and formulation of remedial measures.

Conclusion