SC shoots down plea to use banned fuels

NTPC AND HINDALCO CLAIMED THAT THE BAN WOULD END IN CLOSURE OF THEIR UNITS

NEW DELHI: The Supreme Court (SC) declined to exempt power generating government companies – National Thermal Power Corporation (NTPC) and Hindalco from its order that bans use of furnace oil and pet coke in Rajasthan, Uttar Pradesh and Rajasthan.

A bench headed by justice MB Lokur refused to accept the submissions of the companies’ counsel that the ban would affect the business, and end in closure of their production units leading to a loss of jobs.

On behalf of NTPC, additional solicitor general, Tushar Mehta, submitted that if the permission is not granted then there would be a blackout as power generation would get affected. “We are supplying power to the entire country,” Mehta said.

“Please do not give this argument. Please tell us — isn’t Delhi a part of this country and aren’t children part of this country,” justice Lokur said, refusing to issue any order on NTPC’S application seeking time to convert to alternative cleaner fuel. The court said the Union of India too had issued a notification to ban industrial use of the two fuels. “Since the Centre has come out with a notification you can approach them instead of asking us to issue an order,” said Lokur.

Similarly, Hindalco’s plea was turned down. Senior advocate Kapil Sibal, said the company’s plant was 932 kilometers away and the PM 2.5 level in the area on November 7 – when Delhi was enveloped in a toxic haze – was just 25. “There are 22,000 employ- ees in the unit. The plant would have to shut down if we do not get time to switch over. At the moment, the plant is not equipped to use any other fuel other than furnace oil,” he submitted.

SC had on November 1 banned use of pet coke and furnace oil in the three states. The order came at a time when the pollution levels in Delhi had spiked, forcing authorities to shut down schools for primary-level students. Later the Centre and CPCB notified the ban. Last week, the apex court had asked all states and union territories to consider prohibiting the use of the two polluting fuels.