On Thursday, NGT imposed compensation of Rs 286.2 crore. The issue in consideration is Execution of order dated 18.12.2015 passed by the Tribunal for control air pollution in the Mahul, Ambapada and Chembur areas in Mumbai particularly by M/s Sea Lord Containers Limited, Aegis Logistics Limited, Bharat Petroleum Corporation Limited and Hindustan Petroleum Corporation Limited (HPCL).
The Tribunal considered the report of the Joint Committee dated 01.01.2019, submitted on directions of the Tribunal, finding damage to the air quality by VOC emissions and suggesting steps for control of VOCs.
The Tribunal directed remedial action and assessment of compensation on polluter pays principle. In the process, AERMOD model was applied to calculate the concentration of each pollutant. Number of affected persons was assessed based on the density.
The damage was based on the treatment cost as far as public health is concerned and value of the environmental damage. The deterrent factor of 2 was applied.
Compensation for the damage caused due to VOC pollutants emitted by the industries is assessed considering the 2nd quartile (medium-range) costs and the assessed in 2019, as Rs. 286.2 crore. The respective amounts of compensation be kept in ring-fenced (separate) accounts by the BPCL and HPCL and in an escrow account by other respondents.
A ten-member joint committee comprising two senior nominees of CPCB, representative of MoEF&CC, State PCB, District Magistrate, Mumbai, NEERI, TISS, Mumbai, IIT Mumbai, KEM Hospital, Mumbai and a nominee of Health Secretary Maharashtra may prepare an action plan for restoration measures spread over a span of time, not beyond five years. Plan may, in particular, provide for dealing with health issues of the inhabitants and measures for control of pollution in the area, treating Ambapada, Mahul, Chembur and contiguous area (as may be specified by the Committee) to be Special Air Pollution Control Area for the restoration plan.
The amount to the extent of compensation determined will be made available for the plan to be executed by the respondents themselves or otherwise as may be decided by the committee from time to time.
Read Full Order Here:
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