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Smart Summary

Factual and Procedural Background

The application seeks a direction to recover compensation on the ‘Polluter Pays’ principle for environmental restoration from several Thermal Power Stations operating in the Districts of Singrauli and Sonebhadra in Madhya Pradesh and Uttar Pradesh. The applicant alleges that these units have caused air and water pollution over the last two decades, violating environmental norms. The Tribunal had previously noted such pollution in its order dated 28.08.2018 in Ashwani Kumar Dubey v. Union of India. The pollution has damaged water bodies including the Rihand Reservoir and contaminated surface and underground water sources, rendering them unfit for consumption. A Committee constituted by the Tribunal confirmed the need for restoration but did not assess or recommend compensation. The Tribunal recognizes that while the Committee oversees compliance, the principle of ‘Polluter Pays’ requires assessment and recovery of compensation for environmental damage.

Legal Issues Presented

  1. Whether compensation can be recovered from the identified Thermal Power Stations under the ‘Polluter Pays’ principle for environmental restoration.
  2. The appropriate procedure and authority for assessing and recovering such compensation.
  3. Limitation on the period for which compensation can be assessed (last five years).

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Tribunal recognized that the pollution caused by the identified Thermal Power Stations violates environmental norms and has resulted in significant environmental damage, particularly to water bodies. Referencing its earlier order in Ashwani Kumar Dubey v. Union of India, the Tribunal noted the need for restoration of the Rihand Reservoir. Although a Committee had been constituted to oversee compliance, it had not assessed compensation. The Tribunal emphasized the applicability of the ‘Polluter Pays’ principle, which mandates assessing the cost of damage and restoration. Consequently, it constituted a new Committee including representatives from relevant environmental authorities (MoEF&CC, CPCB, UPPCB, and MPPCB) to assess the damage and recommend recovery of compensation for the last five years. The Tribunal ordered the statutory authorities to follow due legal procedure for compensation recovery and to submit a report within three months, ensuring coordination through the UPPCB and MPPCB as nodal agencies.

Holding and Implications

The Tribunal directed the constitution of a Committee to assess environmental damage caused by specified Thermal Power Stations and mandated the recovery of compensation under the ‘Polluter Pays’ principle for the last five years.

The decision directly affects the identified polluters by requiring environmental restoration compensation and establishes procedural directions for assessment and recovery. No new legal precedent was set beyond enforcing existing environmental principles and procedural compliance.

    Anjani Jaiswal v. Union Of India

    1. Prayer in this application is for a direction to recover compensation on ‘Polluter Pays’ principle for restoration of the environment from the Thermal Power Stations operating in the Districts of Singrauli and Sonebhadra in the States of Madhya Pradesh and Uttar Pradesh being Northern Coalfields Limited Singrauli, Northern Coalfields Limited Kakri Project, Post Kakri, District-Sonebhadra, Uttar Pradesh, Northern Coalfields Limited Bina Project Post Bina District- Sonebhadra, Northern Coalfields Limited Krishna Shila Project, Northern Coalfields Limited Kadia Project, Post Khadia District- Sonebhadra, Northern Coalfields Limited, Dudhichuwa Project, Post Khadia District-Sonebhadra, UP.

    2. According to the applicant, the said units have been causing air pollution and water pollution in violation of environmental norms in the last two decades. The pollution so caused has been noted by this Tribunal, inter-alia, vide order dated 28.08.2018 in O.A. No. 276/2013, Ashwani Kumar Dubey v. Union of India. The violation of norms has resulted in damage caused to water bodies, including Rihand Reservoir. Surface and underground water have been polluted affecting rivers like Son, Renu, Bijul, Kanhar, Gopad, Pankagan, Kathauta Kachan, etc. and streams/nalas like Ballia Nala, Chatka Nala, Kahuwa Nala, Tippa Jharia, Dongia Nala, etc. Water has been contaminated by toxic effluents discharged, chemicals and fly ash and is not fit for consumption.

    3. The report of the Committee dated 31.12.2018 constituted by this Tribunal in O.A. No. 164/2018 (earlier O.A. No. 276/2013) confirms the fact that Rihand Reservoir needs restoration but no compensation for damage to the environment has been assessed and recommended.

    4. We may note that the Committee constituted by this Tribunal is to oversee the compliance of environmental norms but at the same time the pollution caused is actionable by invoking the principle of ‘Polluter Pays’ which may require assessment of cost of damage and restoration.

    5. Accordingly, we constitute a Committee comprising representatives of the Ministry of Environment, Forest and Climate Change (MoEF&CC), the Central Pollution Control Board (CPCB), the Uttar Pradesh Pollution Control Board (UPPCB) and the Madhya Pradesh Pollution Control Board (MPPCB) to look into the matter and in the light of assessment, the Statutory Authorities may take appropriate action in the matter by assessing and recovery of compensation for damage to the environment from the identified polluters after following due procedure of law and furnish a report to this Tribunal within three months by e-mail at judicial-ngt@gov.in. The nodal agency will be the UPPCB and the MPPCB in their respective jurisdictions for coordination and compliance. In view of provisions for limitation, compensation has to be assessed only for damage in the last five years.

    A copy of the report may also be furnished to the applicant by email.

    A copy of this order be sent to the MoEF&CC, the CPCB, the UPPCB and the MPPCB by e-mail for compliance.

    The applicant may furnish a complete set of papers to the MoEF&CC, the CPCB, the UPPCB and the MPPCB and file affidavit of service within one week.

    List for further consideration on 11.10.2019.

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    Comments

    Anjani Jaiswal v. Union Of India
    (May 24, 2019)