NGT notice to MoEF for failure to enforce clean coal norm

The National Green Tribunal (NGT) has issued a show-cause notice to the Union Ministry of Environment and Forests (MoEF) asking why action should not be taken against it for non-implementation of the Tribunal order on clean coal meant to be followed by coal and power companies.
A division bench of NGT, Western Zone, issued the notice on March 22 during a hearing held in Pune.
The Tribunal also warned that no further time and opportunity will be given to the MoEF, which it said, is expected to implement its own notification to reduce pollution in coal-bearing and power generating regions.

The NGT bench, comprising Justice Jawad Rahim and expert member Dr Ajay Deshpande, expressed their anguish over non-compliance of the NGT order dated October 15, 2015 under which supply and use of clean coal below 34 per cent ash content was made mandatory for coal and power companies.
As per the MoEF notification dated January 2, 2014, coal companies and power companies are banned from supplying and using coal having more than 34 per cent ash content as it poses danger to environment and public health.
An application filed by Ratnadeep Rangari, a resident of Koradi-Mahadula near Nagpur, had alleged that the MoEF norm was being violated. The applicant brought to the notice of the NGT "shocking violation" of clean coal order and adverse effect on the health of residents within the vicinity of Koradi and Khaparkheda thermal power plants in Nagpur district.

The NGT had directed the coal and power utilities to strictly adhere to the norms and asked the regulator to improve its own infrastructure and conduct monthly inspection and sampling.

The Tribunal had directed strict compliance of the MoEF notification (dated January 02, 2014) and the latest notification dated August 26, 2015 making it mandatory for power and coal utilities to adopt clean coal technology and benefaction process to reduce pollution level and fly-ash generated by inferior quality of coal.
The NGT had directed the MoEF to co-ordinate with all the state pollution control boards to ensure compliance of this direction and to submit a compliance report by January 1, 2016. However, the NGT found that regulators had failed to enforce the order and ensure proper compliance of clean coal norm by coal and power utilities.

Quoting several Supreme Court judgements and taking note of the alleged blame game between power and coal companies, the NGT had observed that the will to implement the prevalent law as well as directions of the courts for protecting the environment is more important than playing a mere blame game.