IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2019 Diary No(s). 47736/2018

MADHYA PRADESH POWER GENERATING COMPANY LTD. Appellant(s) VERSUS

SANDPLAST (INDIA) LTD. & ORS. Respondent(s)

Digitally signed by MANISH SETHI Date: 2019.01.30 15:25:15 IST Reason:

O R D E R

Permission to file appeal is granted.

This appeal has been placed for hearing together with companion Civil Appeal 650 of 2019 (National Thermal Power Corporation Ltd. vs. Sandplast (India) Ltd & Ors.) The appellants were not parties before the proceedings in the National Green Tribunal.

Hence, we permit the appellants to move an application for impleadment and to file an application before the Tribunal in terms of the order passed in the companion civil appeal setting out the steps which have been taken by the appellants for compliance with the notifications issued by the Ministry of Environment, Forests and Climate Change. The appellants shall file an application within a period of three weeks from today. Signature Not Verified

Until the Tribunal takes up the application for consideration and passes an order thereon after hearing the appellants, we direct that the order for interim deposit of damages shall not be enforced and no coercive steps shall be taken against the appellants for non-compliance. We grant liberty to the appellants to move this Court afresh, including on the grounds raised in this appeal, if they are aggrieved by the order of the Tribunal.

The appeal is, accordingly, disposed of.

...…...….......………………........J. (DR. DHANANJAYA Y. CHANDRACHUD)

…...…........……………….…........J. (HEMANT GUPTA)

NEW DELHI, January 25, 2019

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 650 OF 2019

NATIONAL THERMAL POWER CORPORATION Ltd. Appellant(s) VERSUS

SANDPLAST (INDIA) LTD. & ORS. Respondent(s)

O R D E R

The present appeal arises from the judgment dated 20 November 2018 of the National Green Tribunal in Original Application No. 102 of 2014. The Tribunal was seized of a proceeding in which the environmental hazards caused by undisposed fly ash particularly by thermal power stations, were in issue.

The Tribunal by its impugned decision constituted a Committee to finalise an action plan to achieve one hundred per cent utilization of fly ash and for its scientific and environmentally compliant disposal. The Committee was also required to determine the amount of damages to be paid for violation of the requirement to utilize fly ash.

The Tribunal has in the meantime directed the deposit of damages by thermal power stations who have failed to dispose of a hundred per cent fly ash upto 31 December 2017 which is the date fixed in the notification of the Ministry of Environment, Forests and Climate Change dated 25 January 2016.

Mr. Tushar Mehta, learned Solicitor General appearing on behalf of the National Thermal Power Corporation states that the appellant has filed an affidavit before the Tribunal on 21 August 2014 setting out the steps which have been taken by it for the utilization of fly ash.

Though the appellant was a party to the proceedings before the Tribunal, the grievance is that the Tribunal has not considered the submissions which have been made in the affidavit. The learned Solicitor General submits that the appellant has made efforts to ensure the utilization of the fly ash generated by its units by offering to supply the fly ash generated free of charge within a radius of 150 kilometers and without any transportation costs.

During the course of the hearing, we have been apprised of the order which was passed by this Court on 13 December 2018 in Association of Power Producers vs. Sandplast (India) Ltd. & Ors., (Civil Appeal Diary No. 46100 of 2018). The order dated 13 December 2018 reads thus;

"Permission to file appeal is granted.

The grievance of the appellants is that they have not been heard by the National Green Tribunal ("the NGT") before the impugned order was passed and directions for deposit of damages were issued. It is appropriate that the grievance is addressed before the NGT and we grant liberty to the persons aggrieved to do so. Hence, we are not inclined to entertain the appeal, but leave it open to the persons aggrieved to pursue an appropriate application before the NGT.

The civil appeal is, accordingly, disposed of. No costs."

4

The grievance before this Court in the above proceeding was brought by an association which was not a party before the Tribunal. The grievance of the appellant, though it was a party, is that the steps which it has narrated in its affidavit have not been evaluated by the Tribunal and an interim direction for the compensation of payment has been issued even before the submission of the Report by the Committee.

In our view, it would be appropriate to grant the appellant an opportunity to place before the Tribunal all relevant material in its possession to indicate the steps which have been taken for compliance with the notifications issued from time to time by the Ministry of Environment, Forests and Climate Change.

The Committee which has been constituted by the Tribunal is yet to submit its Report. The Tribunal has required the submission of the report by 31 March 2019.

In this view of the matter, we deem it appropriate and proper to permit the appellant to place before the Tribunal, apart from the affidavit which has already been filed, further material on affidavit within a period of three weeks from today.

The Tribunal is requested to consider the submissions and to evaluate whether sufficient ground has been made out for not requiring the appellant to comply with the order of interim deposit.

5

In order to facilitate the above exercise, we direct that until the Tribunal takes a decision on the application that may be moved on behalf of the appellant, the interim direction for deposit shall not be enforced against the appellant and no coercive steps for non-compliance shall be taken.

We clarify that we have not expressed any opinion on the merits of the application or the action which the appellant proposes to take in the future. The appellant will be at liberty to move this Court again, including on the grounds taken in the present appeal, if it is aggrieved by the order of the Tribunal.

The appeal is, accordingly, disposed of. No costs.

...…...….......………………........J. (DR. DHANANJAYA Y. CHANDRACHUD)

…...…........……………….…........J. (HEMANT GUPTA)

NEW DELHI, January 25, 2019

ITEM NO.15 COURT NO.12 SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CIVIL APPEAL Diary No(s). 47736/2018

(Arising out of impugned final judgment and order dated 20-11-2018 in OA No. 102/2014 passed by the National Green Tribunal)

MADHYA PRADESH POWER GENERATING COMPANY LTD. Appellant(s)

VERSUS

SANDPLAST (INDIA) LTD. & ORS. Respondent(s)

( IA No.6405/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.6403/2019-STAY APPLICATION and IA No.6404/2019- PERMISSION TO FILE APPEAL)

WITH

C.A. No. 650/2019 (XVII) (FOR ADMISSION and IA No.7297/2019-STAY APPLICATION)

Date : 25-01-2019 These appeals were called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA

For Petitioner(s)

Mr. Tushar Mehta, SG Mr. Bharat Sangal, AOR Ms. Babita Kuchwaha, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

CIVIL APPEAL Diary No(s). 47736/2018

Permission to file appeal is granted.

The appeal is disposed of in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

CIVIL APPEAL NO. 650 OF 2019

The appeal is disposed of in terms of the signed order. Pending application(s), if any, shall stand disposed of.

(MANISH SETHI) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER (Two signed orders are placed on the file)