The National Green Tribunal (NGT) has scrapped the National Thermal Power Corporation (NTPC) Ltd’s plea seeking the review of a Uttarakhand Pollution Control Board (PCB) order imposing a ?57.96 lakh penalty for damaging the environment.
The state-owned power major had allegedly violated muck disposal site maintenance norms, which resulted in heavy damage to the environment.
The tribunal observed that the slope of muck that was dumped at its Tapovan Vishnugad hydropower project in Chamoli district was hazardously double the standards. The bench also noted that such disposal had a potential for erosion.
In view of the above, there is no merit in the appeal as “Polluter Pays” principle has been rightly invoked for damage to the environment. Accordingly, the plea was dismissed.
The bench observed that erosion was already seen in terms of gully formation in down streams of the muck dumps. Thus, it is clear that the operative muck disposal sites were not being maintained as per the Ministry of Environment and Forests laid down norms.
It further added that the penalty that the state pollution control board will collect from the power major, will be utilised for the restoration of the environment.
NTPC which is operating the Tapovan Vishnugad hydropower project has set up five muck disposal dumping sites out of which three reached full-capacity three to five years ago. At present only two are active and operational.
Even in these two, the state pollution control board found deficiencies in two of the muck disposal dumping sites that were set up by NTPC at the project site.
The state PCB had passed the order under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974 (Water Act) requiring the NTPC to pay ?57,96,000 as per the polluter pays principle for the restoration of the environment.
The 520 MW Tapovan-Vishnugad project was completely damaged on February 7 due to flash-floods after which 139 personnel associated with the project were reported missing.
According to a report by the South Asia Network of Dams, Rivers and People, the Tapovan Vishnugad Hydropower project is the second project of NTPC, and a run-of-the-river project being built on River Dhauliganga at Chamoli district.
BACKGROUND : The project construction has damaged the river eco-system and local residents. The developer has also not been able to dispose of the tunnel muck safely, and its improper planning and negligence have led to financial losses, structural damages and delays in commissioning. After hearing a plea from Gram Pradhan and residents of Tapovan against the muck mismanagement by the project developer, the NGT had directed the Uttarakhand Pollution Control Board to form an expert committee and submit a report in 2019.
Followed by this, the PCB formed a panel in January 2020 and visited the muck disposal sites in March. The report submitted by the tribunal has found many lapses in the safe disposal of the muck by the project proponent. The muck on all the sites we found to be improperly dumped with the potential to run off to the river during rains.