2 years after NGT slaps Rs 52 cr penalty on Adani thermal plant in Karnataka, officials look away

Bengaluru: More than two years after the National Green Tribunal (NGT) directed the Adani-owned UPCL thermal power plant in Udupi to pay Rs 52 crore penalty for causing environmental damage and ordered the Central Pollution Control Board (CPCB) to recover the amount as per law, no action has been taken in this regard by the central agency, according to RTI information received by DH.

In its judgment dated May 31, 2022, the NGT's southern zone bench of Justice K Ramakrishnan and two expert members ordered the Udupi Power Corporation Limited (UPCL) to pay Rs 52.02 crore compensation "for the damage caused to environment on account of the violation of the conditions and directions issued and health impact".

Taking note of the Rs 5 crore interim compensation paid by the company, the NGT set a three-month deadline for the company to pay the rest of the amount to the CPCB. "If the amount is not paid within three months, then the CPCB is directed to recover the amount from M/s UPCL in accordance with law," the tribunal said in its order.

However, information obtained under the Right to Information Act shows that more than two years since the September 2022 deadline expired, the CPCB has not initiated action against the UPCL. While the CPCB cited the company's appeal before the Supreme Court, the apex court has granted no stay in the matter.

"M/s Adani Power Limited (Formerly UPCL) has informed that the industry has filed an appeal before the Hon'ble Supreme court on 26.08.2022, challenging the Hon'ble NGT (SZ) order...The said Civil Appeal is yet to be listed before the Hon'ble Supreme Court," the RTI reply from CPCB said.

A cursory look at the Supreme Court database shows that the appeal had at least nine defects which were corrected on September 14, 2022, two weeks after the expiry of the NGT deadline. Moreover, the Janajagruti Samithi, whose case in the NGT led to the judgment, had filed a caveat in the matter nearly a month before the Adani/UPCL appeal was filed.

DH sent a detailed query to the CPCB member secretary but received no response.

Victims forgotten

The NGT had ordered that a joint committee comprising district revenue, agriculture and CPCB officials must study the impact of the thermal plant and assess the damage caused to agriculture. By considering the loss to agricultural income, the committee had to assess the compensation and "recover the amount from the UPCL and disburse the same to the affected farmers".

Balakrishna S Shetty, executive president of Janajagruti Samiti, noted that the company's appeal in the apex court doesn't relieve the CPCB or others of their responsibility in a grave matter involving health of people and environment. "The least they (Adani/UPCL) require is an interim stay order from the Supreme Court. Meanwhile, the authorities were supposed to survey the crop losses from the date of operation of the plant and compensate the farmers in a 10-km radius. The attitude shows how corrupt the officials are," he said.