Adani Krishnapatnam Port moves SC against National Green Tribunal's penalty over alleged environmental violations

Adani Krishnapatnam Port ( AKP) on Wednesday moved the Supreme Court challenging the National Green Tribunal’s February decision imposing penalty for its alleged past environmental violations.

The apex court on Wednesday sought response from the Central Pollution Control Board (CPCB), the Andhra Pradesh Pollution Control Board (APPCB) and others on an appeal by AKP alleging that the tribunal’s series of directions were “arbitrary, contrary to law, and passed in violation of the principles of natural justice.”

AKP told the SC that the NGT judgment suffered from serious errors of law and procedure as without granting adequate opportunity of hearing, the tribunal had proceeded on assumptions derived from the Joint Committee Report without independent evaluation or verification. “The findings and directions are thus liable to be set aside in limine,” the company said.

AKP handled large coal cargo, and its operations, including the import, storage, and transportation of coal, resulted in significant dust pollution. The allegations were that the dry, windy conditions caused coal dust to drift into surrounding villages, leading to severe health issues for residents. Besides, company had not taken the necessary measures to mitigate the pollution, it was alleged.

According to the petition in the NGT, despite being operational for over 25 years, AKP had failed to establish the required green belt, with only 2% plantation instead of mandated 33%. Other contributing factors included overloading of vehicles, lack of wind-shields, and the absence of pollution control measures like sprinklers and monitoring stations, it was alleged.

A joint committee comprising representatives from CPCB, APPCB, and Collector of Nellore, constituted by the tribunal, had stated that AKP had complied with most of the environmental clearance and coastal regulation zone clearance conditions. While the tribunal noted that findings, it closed the case against the company but directed APPCB to levy penalty for previous violations. The tribunal also asked the company to follow recommendations of the panel in a timely manner.