The Southern Bench of the National Green Tribunal has imposed an interim environmental compensation of ₹5 crore to be paid by the Tangedco for causing pollution in the Ennore Creek on account of the operation of the Ennore Thermal Power Station.
The Bench invoked the principle of “polluter pays” on the power utility to be paid within two months to the Tamil Nadu Pollution Control Board. The amount may be utilised for restoration of environment in the area by preparing an integrated restoration plan of Buckingham Canal, Ennore Creek and the Kosasthalaiyar river, the Bench said, including for incidental issues such as degraded coastline, backwaters, restitution of mangroves, maintaining marine flora and fauna, and green aspects.
The Bench said the applicant submitted that as per a report submitted by the Union Ministry of Environment, Forest and Climate Change, the encroachments by Tangedco were obstructing the natural flow of water in the creek and river and that the approach road No. 2 was in violation of CRZ notification. The TNPCB submitted that as of May 18, the encroachments were removed and there was no obstruction to the water flow.
“We thus find that even as per the stand of the TNPCB, reports of MoEF&CC and of the joint Committee remain unquestioned with regard to factual situation as prevailed at the time of the said reports. Thus, for the said past violations, the PP [project proponent] remains accountable, apart from carrying out recommendations of the PCB. Compensation thus needs to be determined for the said violations on ‘Polluter Pays’ principle,” the Bench said.
