"We have many questions to ask you": Supreme Court quashes Delhi Govt's plea seeking directions to Centre for closure of Thermal Plants in neighbouring areas

The Supreme Court today quashed Delhi Government’s plea seeking directions from Centre for closing 10 thermal power plants in Punjab, Haryana and Uttar Pradesh, until they install Fuel Gas Desulphurisation (FGD) devices. [FGD's are a set of technologies used to remove sulphur dioxide from exhaust flue gases of fossil fuel power plants] 

Bench of Justice Navin Sinha and Justice R Subhash Reddy while directing Delhi Government to intervene in air pollution case pending before Supreme Court said, 

“We have got many questions to ask you and that we don't know which way the case will go. So, it’s better for you to intervene in the pending matter before the Supreme Court,” Court said.

Appearing for Delhi Government, Senior Advocate Colin Gonsalves submitted that power plants contributed to 80% of sulphates etc and thereafter there was a need to control sulphur dioxide and nitrogen dioxide since these are killer gases.

While citing a Supreme Court case, Senior Advocate Gonsalves further submitted that in 1991, the Court did not allow a thermal plant to come up. 

It was also his contention that the Central Pollution Control Board in its report had directed for installation of Fuel Gas Desulphurization (FGD) by 2019. 

“Now the deadline is 2022,” said Justice Navin Sinha.

To this Senior Advocate Colin Gonsalves said, “It makes a mockery of the entire thing. Pollution is becoming worse, the deadline should be closer.” 

He also sought for issuing notice in the matter and tagging the same along with the pending plea. 

Responding to Gonsalves' submission the Court said, “We’ve understood your case. You’ve filed a PIL against the centre. If the Centre has done something contrary, go tell in the other case.”

Senior Advocate Colin Gonsalves thereafter while withdrawing his plea sought Court’s permission to implead in the plea by filing an intervention application.

The plea filed by Delhi Government had also sought for quashing and setting aside of an order passed by the Central Pollution Control Board (CPCB) to nine thermal power plants extending the deadline for installation of the Fuel Gas Desulphurization (FGD). Along with this the plea sought relief for quashing and setting aside of an order passed by the Ministry of Environment, Forest and Climate Change (MEFCC), demanding/extending the timelines for complying with the emission norms by coal-based power plants.

In addition to this, it also sought direction to the Power Plant Operators and Regulatory authorities- the State Pollution Control Boards and and the Central Pollution Control Board to provide Online Continuous Emission Monitoring Data (OCEMS) in public domain on their respective website.

Case Title: Government of NCT of Delhi v. Union of India