NGT disposes of case against carbon plant closure plea
Panaji: The National Green Tribunal’s (NGT) Western Zone Bench has disposed of a petition seeking the permanent closure or relocation of Goa Carbon Ltd’s calcined petroleum coke plant at Sao Jose De Areal in Salcete. The tribunal held that the company possessed a valid consent to operate and had largely complied with directions issued by the Goa State Pollution Control Board (GSPCB).
NGT found no merit in the allegations raised by a scheduled tribe association, a social justice forum and the Ralloi Residents Welfare Association. The organisations had alleged that the plant emitted toxic levels of particulate matter, sulphur dioxide and nitrogen oxides, leading to chronic respiratory ailments among residents.
The bench of Justice Dinesh Kumar Singh and expert member Sujit Kumar Bajpayee relied on a joint committee inspection report of May 2024, which stated that Goa Carbon had substantially complied with the conditions of its consent to operate.
The tribunal also noted that GSPCB granted a fresh consent to operate on Jan 23 after inspecting the company’s newly installed flue gas desulphurisation system.
The tribunal observed that medical reports submitted by each of the applicants were issued by a single doctor for 40 patients and mostly recorded minor coughs and allergies, rather than serious respiratory illnesses. In contrast, medical examinations of the company’s workers, conducted by two independent doctors in 2023 and 2024, found them free from occupational health hazards.
The tribunal accepted the applicants’ plea on limitation, holding that the cause of action arose on March 15, 2022, when the Goa Human Rights Commission submitted its report finding the company guilty of air pollution and recommending a Rs 10 lakh penalty. It ruled the March 2024 application was within the five-year limit under NGT Act. But, while upholding maintainability, NGT declined to order closure or relocation, citing unsubstantiated health impact claims, and disposed of the plea without costs.
The bench of Justice Dinesh Kumar Singh and expert member Sujit Kumar Bajpayee relied on a joint committee inspection report of May 2024, which stated that Goa Carbon had substantially complied with the conditions of its consent to operate.
The tribunal also noted that GSPCB granted a fresh consent to operate on Jan 23 after inspecting the company’s newly installed flue gas desulphurisation system.
The tribunal observed that medical reports submitted by each of the applicants were issued by a single doctor for 40 patients and mostly recorded minor coughs and allergies, rather than serious respiratory illnesses. In contrast, medical examinations of the company’s workers, conducted by two independent doctors in 2023 and 2024, found them free from occupational health hazards.
The tribunal accepted the applicants’ plea on limitation, holding that the cause of action arose on March 15, 2022, when the Goa Human Rights Commission submitted its report finding the company guilty of air pollution and recommending a Rs 10 lakh penalty. It ruled the March 2024 application was within the five-year limit under NGT Act. But, while upholding maintainability, NGT declined to order closure or relocation, citing unsubstantiated health impact claims, and disposed of the plea without costs.
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