NGT fines Delta, Adani over Rs 100 crore

Delta and Adani have been directed to pay Rs 100 crore and Rs 5 crore, respectively, for polluting marine environment

The Principal bench of the National Green tribunal (NGT) today directed Delta Marine Shipping Company (Delta Shipping Marine Services SA and sister concerns) and Adani Enterprises Ltd. to pay Rs 100 crore and Rs 5 crore respectively as compensation for causing damage to the marine environment.

The bench, headed by Chairperson Swatanter Kumar made the determination on an application made by Mumbai resident, Samir Mehta for environmental pollution caused by the sinking of Delta carrier MV RAK around 20 nautical miles of the coast of Mumbai while carrying over 60054 metric tonnes of coal for Adani in 2011.

The vessel also contained around 290 tonnes of fuel oil and 50 tonnes of diesel, on its voyage from Indonesia to Dahej in Gujarat, but sank before reaching its destination causing an oil spill spreading across the Maharashtra coastline from Mumbai to Raigad, affecting both human and maritime life.

During the course of the proceedings, Delta took the stand that the damages were liable to be paid by the insurance company Astra Asigurari Insurance, amidst other defenses. The tribunal negated this stance through the interpretation of various local and international laws on the topic and adjudicated a sum of Rs 100 crore as compensation payable by the company.

The amount has been determined under the ‘polluter pays principle’, read with the provisions of Section 17(1) of the National Green Tribunal Act 2010 relating to ‘no-fault liability’, for the restitution and restoration of the surrounding ecology.

Adani had also requested deletion of its name as a party contending that its cargo had no role to play in the incident. Taking a contrary view, the NGT has also affixed Rs 5 crore as compensation against the company for the dumping of the entire consignment of coal off the Maharashtra seabed.

The NGT has also directed Delta to remove the vessel within 6 months (if possible) and constituted a committee to determine the feasibility of this direction. The committee is to fix additional amounts of compensation that are to be paid for pollution created due to the prospective course of action as well.