AI Structured Summary
Not yet generated for this judgment
Judgment
This application filed by M/s Chhattisgarh State Power Generation Company Limited seeks review of order of this Tribunal dated 15.02.2022 whereby the Tribunal considered remedial action against pollution by the Thermal Power Plants and Coal washeries in Tamnar and Gharghoda blocks of Raigarh District in Chhattisgarh, including the review Applicant.
Order of the Tribunal dated 24.06.2021
The Tribunal constituted an Expert Committee which found the allegation to be substantiated. Accordingly, directions were issued for remedial action vide order dated 24.06.2021. An oversight Committee was constituted, headed by a former Judge of the Chhattisgarh High Court, to oversee compliance of the environmental norms and to assess compensation, after giving due opportunity of hearing to the alleged violators.
Report of the Committee dated 16.1.2022
Accordingly, the oversight Committee gave its report dated 16.01.2022 suggesting compensation which was determined after giving due opportunity of hearing to the affected parties including the review applicant. The Tribunal had also directed given of a copy of report to the concerned authorities for their response.
Order dated 15.2.2022
Response was filed by some of the affected parties which was duly considered by the Tribunal vide order dated 15.02.2022. The review applicant did not choose to file any response though opportunity was available with it like other affected parties who filed their respective objections which have been dealt with by this Tribunal.
Opportunity to the Review Applicant – compliance of Natural Justice
Contention raised in the review application that review applicant did not have any opportunity of being heard and there is a violation of principle of natural justice cannot be accepted. As shown by the orders of the Tribunal noted earlier, the review applicant had opportunity not only before the oversight Committee constituted by the Tribunal but also to appear before this Tribunal and to object the report. If the review applicant did not avail such opportunity intentionally, this cannot be the ground to seek review and to seek separate rehearing on the same issue on which other similarly placed parties have been heard and a detailed order passed.
On Merits
On merits, defence of the review Applicant mainly is based on OM dated 28.8.2019 issued by the DGMS, requiring permission for fly ash disposal without price, order of the MoEF dated 31.12.2021 giving further time for fly ash disposal and steps taken later. These issues have been duly gone into and are covered by earlier orders of this Tribunal which have attained finality. Accountability for damage to environment due to unscientific handling of flyash cannot be avoided. There is no ground against the view earlier taken by the Tribunal on merits.
In this view of the matter, the review application is dismissed.