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Balachandra Bhikaji Nalwade vs Union Of India and others.

Pays/Territoire
Inde
Type de cour
Nationale- cour inférieure
Date
Sep 18, 2009
Source
UNEP, InforMEA
Nom du tribunal
Delhi High Court
Juge
Khanna., S.
Shah, P.
Langue
Anglais
Sujet
Agriculture et développement rural, Énergie, Environnement gén.
Mot clé
Petits exploitants/paysans Agriculture contractuelle Exploitation agricole Conservation de l'énergie/production de l'énergie Agriculture familiale Production écologique/production biologique
Résumé
The petitioner filed the present Writ Petition for issue of Writ in the nature of Certiorari for quashing the Order dated 12th September, 2008 passed by the National Environment Appellate Authority (NEAA) dismissing his appeal under Section 11(1) of the National Environment Appellate Authority Act, 1997. The petitioner also seeks quashing of the Environment Clearance Order dated 17th May, 2007 granted by the Ministry of Environment and Forest (MOEF) permitting JSW Energy Ltd. (Ratnagiri) Ltd- respondent no.3 herein to set up and construct 1200 MW (4 x 300 MW) coal base Thermal Power Station at Jaigarh, Maharashtra. A range of contentions had been raised on the procedures and quality of environment assessments. These include the fact that the Environment Impact Assessment (EIA) report was not made available to the locally affected people 30 days prior to a public hearing, as is mandatory. Another point was that the EIA report did not duly assess the impacts on the ecologically sensitive areas and mangroves in the area. The district is also known for its famous alphonso mangoes, which are very susceptible to decline in yield and quality due to pollution from the thermal plant. This too was not addressed. Further, the project authorities did not put forward any alternate sites for their project, as required by law. But NEAA ruled that the large gap between energy demand and supply in the state warranted environment clearance to the project. In its order, the High Court noted that "any final assessment would require a detailed study for a period of four years to evaluate the impact on mango plantations and the marine life/fisheries ...". The court observed that the March 2007 decision of the EAC was not based on the complete report of the KKVD but only on its preliminary findings, which were in turn based on the Rapid EIA prepared by a consultant paid by the JSWREL itself. The High Court of Delhi asked the Expert Appraisal Committee (EAC) at the Ministry of Environment and Forests (MoEF) to re-examine the environment clearance based on the final report of the KKVD and the data collected and analysed by the insitution. The court's order is also clear that until specific approval is granted by the Expert Appraisal Committee, the thermal power plant will not be made operational and integrated with the power grid." The order also says that the environment clearance, if granted again, will be appealable before the NEAA.
Texte intégral
COU-159218.pdf