SOCIETY FOR ENVIRONMENTAL PROTECTION Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present Application, was originally filed in the Hon'ble High Court of Judicature at Bombay, Nagpur Bench, as Public Interest Litigation (PIL), No. 27 of 2013, which was transferred by the Hon'ble Divisional Bench of High Court, to this Tribunal vide order dated June 12th 2013, noting that 'controversy needs to be looked into by the National Green Tribunal'. The Applicant is a registered Society comprising of the residents of Amravati city and the agriculturists. FACTS AND LIMITATION

(2.) THE instant Application is filed against establishment of a coal based Thermal Power Plant Project (TPP), of the Respondent No. 5, which allegedly would not only destroy environment of Amravati city but would also deprive farmers of Amravati district from irrigation facility, made available to them by the Respondent No. 3, through Upper Wardha Dam. It is grievance of the Applicant that the Respondent No. 3, has allotted 87.6 Million Cubic Meters (MCM) water for the power plant of the Respondent No. 5, from the Upper Wardha Dam, though said water is meant for irrigation of agricultural fields of the farmers and thus, the farmers would be deprived of irrigation facility. The Applicant further submits that the Respondent No. 1, had approved change in configuration of the proposed power plant from 2x660 MW to 5x570 MW, vide letter dated 15th July, 2010 and further allowed expansion of said power plant vide letter dated 27th May, 2011. The Applicant further submits that there are several Thermal Power Plants, which have been approved and given necessary sanctions by the various authorities without assessing the cumulative impacts of such high spurt in the power generation in Vidarbha region. Some of the plants referred are M/s. TSR Power Pvt. Ltd. 1320MW, Wardha Power Company, Dhamangaon -540 MW, M/s. RSI P Ltd. Amravati -4300 MW etc. The Applicant submits that except in Vidharbha, nowhere in the Maharashtra or for that of matter anywhere in India, such high power generation has been approved in one district. The Applicant says that nearby districts Chandrapur and Nagpur are already facing environmental consequences of the thermal power plants. The problems in Amravati district will be much severe due to proposed power plant. Apprehensions are also raised about Fly Ash disposal problem from such high coal based power generation capacity. The Applicant has, therefore, approached this Tribunal with following prayers: a) Issue a writ of certiorari, and/or any other appropriate writ, order or direction, directing the Respondents to immediately stop proceeding with proposed project of Power Plant at Nandgaon Peth, Amravati. b) It be held and declared that the Respondent No. 2 should call the public opinion particularly farmers and residents of the vicinity and after hearing them, should reconsider the permission granted to the Respondent No. 5 to start the power project at Nandgaon Peth, Amravati.

(3.) IN the present Application, the Ministry of Environment and Forests (MoEF), Govt. of India, is the Respondent No. 1, the Irrigation Department, Govt. of Maharashtra is the Respondent No. 2, while Vidarbha Irrigation Development Corporation (VIDC), is the Respondent No. 3. Maharashtra Pollution Control Board (MPCB), which implements environmental regulations in the State, is the Respondent No. 4. M/s. Indiabull Power Ltd. who is developing the Thermal Power Plant, is the Respondent No. 5.