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T. Muruganandam and others Vs Union of India and Ors.

Country/Territory
India
Type of court
Others
Date
May 23, 2012
Source
UNEP, InforMEA
Court name
National Green Tribunal
Judge
Pandey, G.K.
Naidu, A.S.
Reference number
17/2011
Language
English
Subject
Energy, Wild species & ecosystems, Environment gen., Legal questions
Keyword
Ecosystem preservation Land-use planning Recreational forest Coastal zone management Energy conservation/energy production Public participation Recreational water use
Abstract
The National Green Tribunal (NGT), New Delhi, has suspended the environment clearance (EC) granted by Union Ministry of Environment and Forests (MoEF) for the proposed coal-based thermal power plant of IL& FS Tamil Nadu Power Company Ltd in Cuddalore district. Appelants, who are residents of the area where the project is to be set up, said the clearance was granted despite serious objections concerning the environment being raised during the public hearing. According to them, objections related the possible adverse impact on marine environment and the fishermen community and environmental pollution due to proximity to SIPCOT Chemical complex of Cuddalore. They also said the proposed power plant location violated the criteria for thermal power plants, being within 25 km of Pichavaram, an ecologically sensitive area. The tribunal directed the company to carry out a cumulative assessment study afresh within a radius of 25 km from the project site and submit it to the MoEF for stipulating any additional conditions and safeguards required for the protection and preservation of the Pichavaram mangroves and marine environment. It also directed the Ministry to initiate a ‘carrying capacity study' in the region where a number of projects have been proposed in proximity to the Cuddalore Industrial Area and Pichavaram mangroves. It also asked the Ministry to complete the study within three years. However, the Bench was convinced that EC to the proposed project was granted by and large in consonance with EIA process as required under EIA Notification, 2006 and said there was no necessity to quash the EC. It directed the Ministry to review the EC based on the cumulative impact assessment study and stipulate any additional environmental conditions, if required.
Full text
COU-159220.pdf