National Green Tribunal Imposes Heavy Penalty on MahaGenco for Environmental Violations
The National Green Tribunal (NGT) has delivered a significant verdict against the Maharashtra State Power Generation Company (MahaGenco), imposing a substantial penalty of ₹5 crore for persistent violations of environmental clearance conditions at its Koradi Thermal Power Station located near Nagpur. This landmark decision underscores the tribunal's commitment to enforcing environmental regulations and holding polluters accountable.
Detailed Tribunal Findings and Additional Compensation
In its comprehensive order dated January 5, the NGT's western zone bench in Pune found MahaGenco responsible for failing to implement critical environmental safeguards at the plant's 3x660MW coal-based units 8, 9, and 10. These units were commissioned between 2010 and 2017, yet despite receiving environmental clearance from the Ministry of Environment, Forest and Climate Change (MOEFCC) on January 4, 2010, numerous stipulated conditions remained unfulfilled even after years of operation.
The tribunal, comprising judicial member Justice Dinesh Kumar Singh and expert member Sujit Kumar Bajpayee, directed the Maharashtra Pollution Control Board (MPCB) to assess and recover additional environmental compensation from MahaGenco. This supplementary compensation is anticipated to amount to several crores of rupees, with the entire ₹5 crore penalty required to be deposited with MPCB within a strict two-month timeframe.
Specific Violations and Environmental Concerns
The legal proceedings originated from an application filed in 2021 by Nagpur-based environmental organizations including Krishi Vigyan Arogya Sanstha, Kisan Manch, and Pradyumna Sahasrabhojanee. These groups sought strict enforcement of environmental clearance norms, highlighting multiple failures at the thermal power plant.
The documented violations included:
- Failure to achieve 100% fly ash utilization as mandated
- Illegal dumping of fly ash in ash bunds without the required high-density polyethylene (HDPE) or low-density polyethylene (LDPE) lining
- Inadequate development of green belt areas around the facility
- Significant delays in installing crucial flue gas desulphurisation systems
These violations are particularly concerning given the plant's close proximity to Nagpur city, raising serious questions about environmental and public health impacts in the region.
Expert Committee Observations and Tribunal's Reasoning
After thorough examination of inspection reports, affidavits, and submissions, the tribunal determined that MahaGenco had "clearly violated" the conditions of its environmental clearance, with particular emphasis on fly ash management deficiencies. The bench also relied on observations from the Expert Appraisal Committee, which during its August 2019 meeting recorded continued non-compliance and noted that sulphur dioxide and nitrogen oxide emissions exceeded permissible limits.
The tribunal expressed concern that MahaGenco repeatedly sought exemptions and relaxations rather than ensuring compliance with environmental regulations. Applying the Supreme Court's established "polluter pays" principle, the NGT directed that the entire amount recovered from MahaGenco be used exclusively for environmental remediation and improvement measures at the Koradi plant.
Key Directives and Future Compliance
The NGT has mandated that MPCB calculate further compensation considering multiple factors including the pollution index, duration of violations, scale of operations, and location sensitivity. Additionally, the pollution control board has been directed to submit a comprehensive compliance report after the utilization of the recovered funds for environmental restoration purposes.
This decisive action by the National Green Tribunal represents a significant step toward ensuring that industrial operations adhere to environmental standards, particularly in sensitive regions with substantial population centers like Nagpur. The ruling emphasizes that environmental compliance is not optional but mandatory, with serious financial consequences for violators.
