Order of the National Green Tribunal regarding disposal of fly ash by the thermal power station run by NTPC, Kanti, Muzaffarpur, Bihar, 12/04/2024
Order of the National Green Tribunal (Eastern Zone Bench, Kolkata) in the matter of Dinesh Prasad Chaurasia & Others Vs State of Bihar & Others dated 12/04/2024.
The matter related to improper disposal of fly ash by the thermal power station run by National Thermal Power Corporation (NTPC), Kanti, Muzaffarpur, Bihar and this was adversely affecting the inhabitants of Narsanda village.
The inspection report filed by the Bihar State Pollution Control Board, January 2, 2023 had reported that due to thick layer of fly ash over leaves, the photosynthesis as well as transpiration capacity of plants might have been adversely affected. However, the District Agriculture Officer, Muzaffarpur, has not submitted any conclusive scientific or factual report regarding the same, the court noted. Similarly, with regard to the Assistant Director of Horticulture, Muzaffarpur, it has been mentioned that he has not conclusively reported any damage to the productivity of horticultural crops in the agricultural lands under reference.
The tribunal said that if there is no report with regard to the damage caused to the crops, it does not mean that there is no damage to the crops and there should have been a categorical finding as to whether there was damage or there was no damage.
The NGT said that the report filed by the Bihar State Pollution Control Board has been "extremely lackadaisical in its approach to filing of the inspection report". "It was a duty of the State Pollution Control Board to have sought specific queries from the Assistant Director of Horticulture, Muzaffarpur, or the District Agriculture Officer, Muzaffarpur, with regard to the damage, if any, and the extent of damage, if any, in monetary terms," said the NGT.
The NGT directed the committee constituted by the court order, April 19, 2022 to revisit the site and file a fresh inspection report, particularly with regard to the violations, if any, by the NTPC Ltd. of the Fly Ash Utilization Notification, 2016/2021.