India has set itself the ambitious goal of achieving net-zero emissions by 2070, and the country has already made commendable progress in expanding its renewable energy capacity from 4100 MW in 2014-15 to over 28000 MW in 2024-25.
However, coal continues to dominate India's energy mix and is likely to remain a significant part for years to come, with roughly 50% of electricity generation still expected from it till 2031-32. This reliance on coal has come at a steep cost to both the environment and communities living near coal-related operations, including mines, transportation routes, and power plants.
A recent study by Vikalp Social Organisation sheds light on the extent of these impacts and the systemic failures that allow them to persist, as well as possible ways to address them.
Vikalp is a Saharanpur-based community-led organisation with a significant body of work around the organic relationship between historically oppressed natural resource-based communities and Mother Earth.
The study analyses eight cases heard before the National Green Tribunal (NGT), which have been selected based on important procedural and judicial principles established by the matters, the need to ensure diversity of representation in coal operations (like power plant, flyash management and transport), geographical spread and issues dealt with in the matters. A list of cases with their timelines has been added at the end for reference.
At a moment when India is planning its energy transition, these insights are critical. Unless addressed, the legacies of coal can undermine the very idea of a just transition by leaving behind toxic environments and broken livelihoods.
| WHAT IS JUST TRANSITION The idea that the shift to cleaner sources of energy should be done in a way that justice is served and no one is adversely impacted. |
The orders of the NGT gain significance because it is a forum that has legal sanctity and enforceability, offers a framework of simultaneous judicial and expert scrutiny, and is one of the few platforms where the impacted communities can make themselves heard.
Across all eight cases, the NGT has documented severe impacts of various coal operations on water, air, and soil through multiple pathways, resulting in environmental degradation, loss of livelihoods, economic consequences, and health impacts.
For instance, in Ennore, Tamil Nadu, a Joint Committee (JC) constituted by the NGT found that “fly ash had physically and chemically altered the ecosystem,” contaminating wetlands, mangroves, and water bodies critical for local fisheries and salt pan livelihoods.
Similarly, in Kulda, Odisha, over 1,400 coal trucks pass through villages daily on roads that are damaged, resulting in dust and noise pollution and an increased risk of accidents.
Though environmental compensation has been ordered in several matters, the study finds inconsistencies in its determination for remediation, relief for affected communities and in its intended uses.
For instance, in the Bankura district of West Bengal, the Tribunal ordered compensation to affected farmers following the ash-dyke breach at the Mejia Power Plant. Following this order, more than 3,000 farmers were paid a compensation of Rs 5.91 crore.
This remains the only case analysed by the study in which compensation has been paid to the communities. In other cases, no compensation has been paid to the communities despite acknowledging that they have been adversely affected.
Thus, the study highlights the need for a clearer procedure that prioritises both remediation and community compensation.
It recommends that the NGT should ensure due process in awarding compensation so it cannot be easily challenged, and that the Supreme Court exercise caution in staying such compensation payments, as they are often the first and only relief available to affected communities.
An essential facet of the systemic nature of impacts has been the inaction of regulatory authorities. In at least three cases analysed, there has been a systematic failure to address environmental impacts even after multiple complaints from the communities.
The observations by the NGT and various JCs in the cases also reveal the weak enforcement role of State Pollution Control Boards (SPCBs), where, rather than exercising their mandate to penalise polluters, SPCBs often shifted responsibility to the NGT.
For instance, in Ennore, Tamil Nadu, the Tribunal expressed its displeasure with 'the lethargic' attitude of the Tamil Nadu PCB in imposing environmental compensation, despite having the power to do so itself.
This reflects a broader governance gap, with regulators either unwilling or unable to hold powerful coal operators accountable.
The study recommends that regulatory agencies must be both strengthened with greater capacity and authority, and held accountable through robust oversight mechanisms to ensure effective enforcement.
One of the most notable findings of the study is the Tribunal's emphasis on restoration and remediation. This reflects the Tribunal's explicit recognition that without cleanup, pollution and its environmental and social costs will persist.
However, these orders rarely include clear timelines, monitoring, or follow-up.
The Tribunal's approach has been to dispose of matters by directing regulatory agencies and JCs to prepare and oversee restoration plans. While consistent with the Tribunal's mandate, this approach often yields weak enforcement and delays, resulting in minimal on-the-ground improvement.
For instance, following the ash-dyke breach at Mejia Power Plant, the Tribunal ordered the preparation of a restoration plan. Although the case documents do not indicate how or whether this plan was formed and implemented, the study notes that information from the ground reveals that the area remains highly polluted.
The eight cases examined document severe impacts on communities living near coal-operation areas, including environmental degradation, loss of livelihoods, economic consequences, and health impacts.
For example, in the Ennore region, a JC noted that pollution had impacted not only fishing but also farming, cattle grazing, salt production, and sustenance activities such as fuelwood and medicinal herb collection. It further noted severe health impacts, leading to loss of daily wages and rising healthcare costs for residents and workers in the region.
The findings demonstrate that coal operations not only pollute the environment but also exacerbate economic and social vulnerabilities in already marginalised communities.
The NGT cases examined in this study provide a judicial confirmation of the significant costs of coal operations.
The study notes that even with the best possible implementation of regulatory laws, it may be impossible to mitigate several impacts, such as deforestation, groundwater dewatering, and the generation of massive amounts of ash.
This makes it crucial to transition to cleaner sources of energy while ensuring the strict enforcement of environmental protection laws for ongoing coal operations.
As India plans its energy transition, the study provides two important lessons.
One, an energy transition cannot be considered “just” if it leaves behind poisoned rivers, degraded farmlands, and communities with no compensation or rehabilitation. The remediation and restoration of ecosystems must be central to transition planning. Otherwise, coal regions will carry the burden of toxic legacies long after coal is phased out.
Second, impacted communities must be at the heart of decision-making, whether on compensation, restoration plans, or monitoring. Their lived knowledge is critical for ensuring accountability and fairness.
Thus, a just transition must address not only how we move away from coal, but also what we leave behind.
| Name of the case analysed | Important dates and status at the time of preparation of this report |
| Dakshinbanga Matsyajibi Forum vs IWAI & Ors | Date of Application (DoA) before NGT- 05.08.2020Current status (CS)- Disposed via order 20.03.2023 |
| In re: Indian Express report on Kulda-Tamnar | DoA- 28.03.2022CS- Review application pending before the NGT |
| Legal Aid Services, WB vs UOI & Ors | DoA- 12.09.2017CS- Disposed via order 14.02.2023 |
| Madhusudan Roongta vs State of Maharashtra | DoA-16.10.2020CS- Appeal pending before the Supreme Court |
| Pankaj Kumar Mishra vs UOI & Ors | DoA- 16.11.2022 CS- Disposed via order dated 01.03.2024 |
| R. Ravimaran vs UOI & Ors | DoA- 18.01.2016 CS- Pending before NGT and SC (appeal) |
| Shivpal Bhagat & Ors vs UOI & Ors | DoA- 28.02.2018 CS- Appeal pending before SC |
| Suo Motu: Illegal Coal Dumping at Krishnashila | DoA- 07.11.2022 CS- Appeal pending before SC |
Kush Tanvani is a lawyer and freelance human rights researcher. He holds a Master’s in Law from the University of Nottingham.
Shripad Dharmadhikary is an activist and researcher on water and energy issues, and the founder of Manthan Adhyayan Kendra.
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