SC agrees to hear Adani Krishnapatnam Port's appeal against NGT order

The Supreme Court on Wednesday admitted a petition filed by Adani Krishnapatnam Port Limited (AKPL) challenging an NGT order imposing a penalty on it for alleged environmental damage caused by the firm in Andhra Pradesh.

 

While refusing to stay the NGT’s February order, the apex court issued notices and sought responses from the Central Pollution Control Board (CPCB) and other respondents in the case. The bench of justices PS Narasimha and Atul S Chandurkar said it would not stay the NGT’s order without hearing from the other side first.

 

The NGT order was based on the recommendation of a committee.

 

The Joint Committee constituted by the NGT, Principal Bench, New Delhi had recommended a penalty on AKPL for causing environmental damage due to coal dust pollution and failing to follow environmental clearance rules.

 

The committee found that significant amounts of coal dust had deposited on roads and surrounding trees in the port premises, ineffective tractor-mounted sweeping machines, damaged windshields in the coal storage yard, poor housekeeping in the coal handling berth areas, and other non-compliances by AKPL.

 

AKPL’s counsel moved the Supreme Court on Wednesday, arguing that the entire litigation before the NGT had transpired without impleading them or hearing their case.

 

 

The case began with a complaint from a local resident, who informed the NGT that coal handling activities at Krishnapatnam Port in Andhra Pradesh were causing health problems and degrading air quality.

 

This complaint was later withdrawn.

 

But the NGT later took suo motu cognisance of the matter after a report submitted by a joint team from the CPCB, Andhra Pradesh Pollution Control Board (APPCB), and the District Collector said that AKPL had not complied with environmental safeguards.

 

Challenging these directions, AKPL argued before the apex court, saying the tribunal’s findings and penalty directions were unwarranted, especially in light of the subsequent withdrawal of the complaint and the remedial steps already taken. AKPL also sought a stay on the NGT order, which was not granted by the Supreme Court.