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Judgment
This original application is registered suo motu on the basis of the news item titled "Massive fire breaks out at NTPC’s Superthermal power plant in Jharkhand" appearing in the ‘Business Standard’ dated 19.04.2024.
The news item relates to the eruption of a major fire at NTPC’s North Karanpura Superthermal Power Plant in Jharkhand’s Chatra District. As per the article, fire broke out at BHEL material yard of unit 3 in the power plant. As per the report, the installation is a 660X3 MW coal-based power plant and till the reporting, no casualties were found.
On advance notice, the Central Pollution Control Board (CPCB) and Jharkhand State Pollution Control Board (JSPCB) are represented through the Counsel and they also do not have instructions in respect of the figure of casualty, if any, in the incident. Learned Counsel for JSPCB also could not inform about the compliance of the environmental norms by the unit.
The OA raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of Scheduled enactment.
Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
Hence, we implead the following as respondents in the matter:
(1). Central Pollution Control Board through its Member Secretary.
(2). Jharkhand State Pollution Control Board through its Members Secretary.
(3). Deputy Commissioner and District Magistrate, Chatra.
(4). NTPC, North Karanpur Super Thermal Power Plant through its Administrative Head, District Chatra, Jharkhand.
Respondents No. 1 and 2 are represented through the Counsel.
Let notice be issued to the Respondents No. 3 and 4 and response be filed by the respondents at least one week before the next date of hearing before the concerned Bench to the Tribunal.
Since the matter relates to the Eastern Zonal Bench of the Tribunal, therefore, OA is transferred to the Eastern Zonal Bench, Kolkata for appropriate further action. Let the original record of the OA be transferred to the Eastern Zonal Bench.
List before the Eastern Zonal Bench at Kolkata on 05.07.2024.