Order of the National Green Tribunal in the matter of Shantanu Sharma Vs Union of India & Others dated 04/11/2020. The matter related to management of fly ash generated by the thermal power plants (TPPs).

[2]

The Ministry of Environment and Forest & Climate Change (MoEF&CC) in a notification required 100% utilization of fly ash by December 31, 2017. The NGT had thus directed preparation of action plans to achieve 100% utilization of fly ash and for its scientific disposal.

Report of CPCB filed on September 4, 2020 informed the NGT that environmental compensation had been computed. Out of 112 plants, two have paid while 102 plants have sought exemption. List of 21 abandoned mines has been finalized for utilization of the fly ash.

A report was filed by the joint Committee constituted in terms of direction of NGT order February 12, 2020 on September 6, 2020 regarding environmental compensation for Vidhyanchal TPP and Essar TPP. For M/s Essar Power MP Ltd., environmental damage cost was estimated to be Rs. 7.3511 crores and for M/s NTPC Vindhnagar at Rs. 104.1684 crores.

A second report was submitted by the Committee constituted for assessment of compensation to the crop and agricultural productivity by Vidhyanchal TPP and Essar TPP. The Committee made the following recommendation:

a. The Essar Power M.P. Ltd. in village Bandhaura, district Singrauli should be directed to compensate for indirect loss of Rabi Crop of Rs. 2014200/-

b. The Essar Power should depute an agricultural institute for the assessment of damage to the crop productivity with respect to the Kharif and Rabi crop cultivated in 41 Ha of village Karsualal and Karsuaraja for 2020-21 and 2021-22.

The NGT approved the reports of the Joint Committees and directed that further steps be taken in terms of the above reports. The Central Pollution Control Board (CPCB) was asked to finalise the issue of compensation determination.