The Supreme Court of India upheld the NGT’s ruling which requiring detailed studies of the environmental impacts of power projects.
Context
The Supreme Court of India upheld the NGT’s ruling which requiring detailed studies of the environmental impacts of power projects.
About the National Green Tribunal’s ruling
- The NGT order was in the case of Uma Maheshwari v. Union of India.
- It challenged the environmental clearance that was granted to the 1,600-MW Telangana Super Thermal Power Project in Ramagundam village, Karimnagar.
- NGT directed that the cumulative impact of all activities in a given region, including past, present, and prospective have to be assessed before a new project is approved or during its construction and not just once it has been built.
- NGT upheld the need for a detailed set of studies and the environmental clearance which has already been granted. It should be kept in abeyance until the mandatory studies are completed and the results have been assessed by the expert committee of the Union environment ministry.
Supreme Court’s recognition of the NGT’s ruling
- It recognizes the fact that burning coal is responsible for more than just particulate pollution or carbon emissions.
- Project proponents need to commission environmental studies even for those projects nearing completion.
- These studies are not just academic exercises and the findings will decide the fate of the project. When the project proponent changes the source of coal, they will need to commission new studies.
- The project proponent cannot claim “equity” if the studies’ findings are unfavorable. It means that they can’t plead that they are allowed to run the project on the ground that they have spent money.
- The project can’t be “kicked off” without the approval of the impact assessment study’s outcome.
Significance of the ruling
- It has been increasing thecommon to finish building out a project, and even operate for several years, even if cumulative impact assessment studies are still underway.
- The decision is significant due to the prevailing, and now ritualized, nature of such exercises
National Green Tribunal
- The National Green Tribunal was established in 2010 under the National Green Tribunal Act.
- It aims for the disposal of cases related to the environmental protection and conservation of forests and other natural resources that include enforcement of any legal right relating to the environment effectively and expeditiously and to provide relief and compensation for damages to persons and property.
- It is a specialized body that is equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues.
- It is not bound by procedures under the Code of Civil Procedure, 1908, but guided by principles of natural justice.
- Its dedicated jurisdiction in environmental matters speedily gives environmental justice.
- It is mandated to dispose of the applications or appeals within 6 months.
- Its orders are binding.
- It has the power to grant relief in the form of compensation and damages to the affected persons.
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