RAM LAL S/O BINTA LAL AND ORS. Vs. UNION OF INDIA (UOI) THROUGH ITS SECRETARY TO MINISTRY OF ENVIRONMENT AND FORESTS,

JUDGEMENT

(1.) BY means of this petition filed in the form of Public Interest Litigation , the Petitioners have sought writ in the nature of certiorari quashing the transfer of environmental clearance in favour of Respondent No. 3. A mandamus has also been sought seeking a C.B.I. inquiry relating to the enhanced capacity of 330MW mentioned in the letters dated 27.07.1999/27.03.2006. Further mandamus has been sought directing the Respondent No. 3 to stop the construction of the Hydro Power Project, and seeking environmental clearance for 330 MW capacity, and increased height of 90 meter.

(2.) HEARD learned Counsel for the parties, intervener in person, and perused affidavits, counter affidavit, and rejoinder affidavits.

(3.) THE case of the Petitioners is that the clearance which was given by the MOEF in the year 1985, was in respect of generation of 200MW of electricity, and for a height of 63 meter of the dam, but the same is wrongly being interpreted by the Respondents, as clearance for 330MW with increased height of 90 meters of the dam. On the other hand, the response of the Respondent No. 3 is that the environmental clearance given by the MOEF allows said Respondent to construct the dam with a height of 90 meter for generating 330 MW of electricity, as the clearance was transferred after the revised DPR was submitted by the transferee construction agency. It is also pleaded on behalf of the Respondent No. 3 that the Hydro Power Project is at the last leg of its construction, and huge amount has already been spent in the construction work, and project cannot be allowed to be frustrated at this stage.