The Supreme Court on Tuesday has directed the petitioner in a PIL seeking time-bound compliance with sulphur dioxide (SO2) emission norms and mandatory installation and operationalisation of Flue Gas Desulphurisation (FGD) systems at coal-fired thermal power plants to approach the National Green Tribunal (NGT), observing that the principal issue falls within the tribunal’s jurisdiction.
The matter was heard by Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana. The petitioner submitted that deadlines for implementation have been repeatedly extended since 2014 and the latest deadline is set to expire in 2027. It was also submitted that a Rajya Sabha response states that implementation would take a minimum of 40 months once the process commences, while work has not yet commenced.
During the hearing, the Court observed that the main prayer concerns compliance with the notification requiring FGD units and is an issue falling within the NGT’s domain. When the petitioner sought intervention citing health consequences and alleged deaths linked to pollution, the Court directed him to raise the issue before the tribunal. The Court said:
“
“We find that at the threshold the issue falls within the jurisdiction of the NGT. The issue raised here, the prayer made here, can be effectively raised before the National Green Tribunal. So since the time extended previously is to expire in 2027, we request the NGT to take up the prayer for interim relief and pass appropriate orders. We are not expressing anything on the merits.”
The Court also indicated that the petitioner could seek interim relief before the NGT on a priority basis, particularly in view of the approaching 2027 deadline.
The petitioner had submitted that repeated extensions had resulted in environmental damage and health hazards, including respiratory and cardiac illnesses, and urged the Court to ensure implementation of the emission norms. The Supreme Court, however, left those issues open for consideration by the NGT.