M/S ARAVALI POWER CO PVT LTD versus VEDPRAKASH AND ANOTHER

M/S ARAVALI POWER CO PVT LTD versus VEDPRAKASH AND ANOTHER

The National Green Tribunal orders imposing environmental compensation and other directions were set aside because the Notification dated 31.12.2021, issued under Section 3 of the Environment (Protection) Act, 1986, subsumed earlier notifications and prescribed new modalities and timelines (including a ten year period for utilisation of legacy ash), thereby fundamentally altering the basis on which the NGT had determined compensation; MoEF&CC was directed to revisit and, where necessary, modify parameters relating to loading, unloading, transport, storage and disposal of fly ash and to ensure enforcement, monitoring, audit and reporting as envisaged in the notification within three...

Parties
Appellant: M/S ARAVALI POWER CO PVT LTD; Respondent: VEDPRAKASH AND ANOTHER
Jurisdiction
India
Judgment Date
10 May 2022
Procedural Posture
Civil Appeal / Appeal Disposed (judgment)
Outcome
Impugned orders of the National Green Tribunal set aside; appeals disposed.
Legal Topics
Fly Ash Utilization, Environmental Compensation, Statutory Notification, Monitoring and Enforcement, Hazardous Waste Rules
Environmental Law Administrative Law Fly Ash Utilization Environmental Compensation Statutory Notification Monitoring and Enforcement Hazardous Waste Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

M/S ARAVALI POWER CO PVT LTD

Appellant

VEDPRAKASH AND ANOTHER

Respondent

Procedural Posture

Civil Appeal / Appeal Disposed (judgment)

Legal Issues

  1. 1 Whether thermal power plants failed to comply with statutory notifications regarding utilization of fly ash
  2. 2 Whether the Notification dated 31.12.2021 subsumes earlier notifications and thereby alters the basis of the National Green Tribunal orders
  3. 3 Whether MoEF&CC should revisit and modify parameters governing loading, unloading, transport, storage and disposal of fly ash to ensure prevention of air and water pollution

Ratio Decidendi

The National Green Tribunal orders imposing environmental compensation and other directions were set aside because the Notification dated 31.12.2021, issued under Section 3 of the Environment (Protection) Act, 1986, subsumed earlier notifications and prescribed new modalities and timelines (including a ten year period for utilisation of legacy ash), thereby fundamentally altering the basis on which the NGT had determined compensation; MoEF&CC was directed to revisit and, where necessary, modify parameters relating to loading, unloading, transport, storage and disposal of fly ash and to ensure enforcement, monitoring, audit and reporting as envisaged in the notification within three...

Court Disposition

Impugned orders of the National Green Tribunal set aside; appeals disposed.

Orders

  • Impugned orders of the National Green Tribunal (Principal Bench) dated 24.10.2019 and other connected orders set aside
  • MoEF&CC to revisit whether parameters prescribed by the Notification dated 31.12.2021 require modification (particularly regarding loading, unloading, transport, storage and disposal of fly ash) and ensure they conform with the Hazardous and Other Wastes Rules, 2016 and other applicable legislation