NGT Dismisses Petition for Closure of Goa Carbon Plant in Goa
The National Green Tribunal's (NGT) Western Zone Bench has disposed of a petition that sought the permanent closure or relocation of Goa Carbon Ltd's calcined petroleum coke plant located at Sao Jose De Areal in Salcete, Goa. The tribunal ruled that the company holds a valid consent to operate and has largely adhered to the directions issued by the Goa State Pollution Control Board (GSPCB).
Allegations and Tribunal Findings
The petition was filed by a scheduled tribe association, a social justice forum, and the Ralloi Residents Welfare Association. They alleged that the plant emitted toxic levels of particulate matter, sulphur dioxide, and nitrogen oxides, leading to chronic respiratory ailments among local residents. However, the NGT bench, comprising Justice Dinesh Kumar Singh and expert member Sujit Kumar Bajpayee, found no merit in these claims.
The tribunal relied on a joint committee inspection report from May 2024, which confirmed that Goa Carbon Ltd had substantially complied with the conditions of its consent to operate. Additionally, the GSPCB granted a fresh consent to operate on January 23, 2024, after inspecting the company's newly installed flue gas desulphurisation system, further validating the plant's environmental compliance.
Medical Evidence and Health Impact Assessment
In evaluating the health impact allegations, the NGT noted that medical reports submitted by the applicants were issued by a single doctor for approximately 40 patients. These reports mostly documented minor issues such as coughs and allergies, rather than serious respiratory illnesses. In contrast, medical examinations of the company's workers, conducted by two independent doctors in 2023 and 2024, found them free from occupational health hazards, undermining the claims of significant health risks.
Legal and Procedural Aspects
The tribunal accepted the applicants' plea on the limitation period, determining that the cause of action arose on March 15, 2022. This date corresponds to when the Goa Human Rights Commission submitted its report, which found the company guilty of air pollution and recommended a penalty of Rs 10 lakh. The NGT ruled that the March 2024 application was within the five-year limit stipulated under the NGT Act.
Despite upholding the maintainability of the petition, the NGT declined to order the closure or relocation of the plant. The decision was based on the unsubstantiated nature of the health impact claims and the company's demonstrated compliance with regulatory standards. The plea was disposed of without imposing any costs on the parties involved.
