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The National Green Tribunal, Pune, recently issued bailable warrants against two officials of the ministry of environment and forest (MoEF) after they failed to attend a hearing on the high ash content in coal supplied to Maharashtra State Power Generation Company Ltd by coal companies.

 

The court had earlier directed the ministry to conduct a fact finding exercise on the quality of coal supplied to power generation units at the supply and receiving points, apart from ascertaining the responsibility of various agents involved in supply of coal to the end unit. This directive was issued after the court observed that the quality of coal at the dispatch point differed from that at the receiving point.

 

The warrants follow an earlier judgment in which the tribunal had asked Coal India Limited, its subsidiary Western Coalfields Limited, and the power generation company to follow clean coal norms mandated by the ministry.

 

In an order dated September 25, 2014, the tribunal said it was the duty of the environment ministry to verify the quality of coal. The city-based western zone bench comprising Justice VR Kingaonkar (judicial member) and Ajay Deshpande (expert member) stated in its order that coal collected from mines could get mixed with other material, making the coal quality substandard. The bench stated that this needs to be checked both at the source of sale or when the coal is being taken out of the mine for loading. "It is at such point when the proper control of external agency of the government is most important."

 

The order stated that the ministry's control mechanism to ascertain the quality of coal should be verified. "We, therefore, require assistance of the ministry to know what kind of control mechanism is adopted at the source of outlet of open mining when such coal is taken out and being transported for the purpose of supply. Similarly, quality control at the source in respect of other mines also requires to be verified," the order stated, asking ministry to come out with a proper explanation on basis of policy in this regard.

 

The tribunal passed the order while hearing an application of Mahadula-based social activist Ratnadeep Rangari who had pointed out that all power and coal companies were blatantly flouting environment ministry norms such as use of clean coal technology to bring down pollution levels and the menace of fly ash generated by inferior coal quality.

 

Arpit Ratan, the applicant's advocate told TOI that the court had said there was prima facie material on the record to show that the power generation company is unable to get, for one reason or other, appropriate quality of coal for generation of electricity thus there was a possibility of air pollution.

 

The tribunal had therefore directed the secretary of environment ministry, or any responsible officer of the ministry, not below the rank of director or joint secretary concerned, to attend the tribunal personally, along with an affidavit, and arrange to collect coal samples from all the coal providers to the generation company.

 

The court wanted questions such as the responsibility of coal handler at source, the coal transporters, the coal users, the end users of coal, where acknowledgment of goods is obtained and the same quality is maintained during the entire process, to be addressed along with testing of the coal quality at either one source or at each point.

 

The ministry however failed to file the affidavit to explain the policy or methodology of coal supply, following which the tribunal issued bailable warrants in another order six days ago. "Though such directions were clearly issued, the secretary of the ministry or any responsible officer deputed by him, not below the rank of director or joint director, failed to attend the tribunal today," the latest order said.

 

Due to non-compliance of earlier orders, the tribunal issued bailable warrants of Rs 20,000 each against the regional officer, Bhopal (environment ministry) and M Ramesh, scientist-D of the ministry.

 

The case

 

Mahadula-based social activist Ratnadeep Rangari had filed an application pointing out that all power and coal companies were blatantly flouting environment ministry norms such as use of clean coal technology to bring down pollution levels and the menace of fly ash generated by inferior coal quality

 

The concern

 

The power generation company is unable to get, for one reason or other, appropriate quality of coal for generation of electricity thus there was a possibility of air pollution

 

The order

 

"We, require assistance of the ministry to know what kind of control mechanism is adopted at the source of outlet of open mining when such coal is taken out and being transported for the purpose of supply. Similarly, quality control at the source in respect of other mines also requires to be verified"

 

Why the warrant?

 

Since MoEF failed to file an affidavit to explain the policy or methodology of coal supply, the tribunal issued bailable warrants. "Though such directions were clearly issued, the secretary of the ministry or any responsible officer deputed by him, not below the rank of director or joint director, failed to attend the tribunal today," the latest order said.

 

 

Source: http://timesofindia.indiatimes.com/