NGT shadow on 6 irri projects

NAGPUR: The landmark judgment by principal bench of National Green Tribunal (NGT), Delhi, quashing office memorandum (OM) of Union ministry of environment & forest on clearance of projects involving violation of Environment Protection Act, 1986, has cast a shadow on at least six irrigation projects in Maharashtra, three of them in Vidarbha, that fall within 10 km from the boundary of protected areas (PAs).
On July 7, NGT headed by Swantanter Kumar, Justice UD Salvi & DK Agrawal (members) and Prof AR Yousuf & BS Sajwan (expert members) quashed OMs of December 12, 2012, which replaced a similar OM of November 16, 2010. The NGT also asked violating parties to submit a written commitment that such violations would not be repeated and directed the state governments to initiate action against violations. After doing this, the projects were to be considered by MoEF and its Expert Appraisal Committee (EAC).
The order states: “We hold and declare the OM of December 12, and June 27, 2013, as ultra vires the provisions of EPA 1986 and the notification of 2006. They suffer from infirmity of lack of inherent jurisdiction and authority. Resultantly, we quash both these OMs. Consequently, the above OMs are held to be ineffective and we prohibit the MoEF and state environment impact assessment authority (SEIAA) in the country from giving effect to these OMs in any manner whatsoever.”
The order will hit at least six major and minor irrigation projects in Maharashtra including Krishna-Marathwada, Shirapur and Lower Tapi lift irrigation schemes, besides Ar-Kacheri and Alewadi major minor irrigation projects near Melghat tiger reserve and Lower Dnyanganga near Dnyanganga sanctuary. Work on these projects was started without seeking environment clearance (EC) and no action was taken against rampant violations. At present, these projects have been cleared by the state wildlife board (SWB) and national wildlife board (NBWL) as well.
Starting work on projects without securing EC is a serious violation of EPA 1986. However, some projects across the country were indulging in violations and in some cases, the projects were even completed. When they applied for EC with the ministry, the ministry used the OMs to clear such projects rather than take strong action as required under the EPA 1986.
NGT ruling came on two combined petitions by Manoj Mishra of Yamuna Jiye Abhiyan and SP Muthuraman, Tirunelveli. “This is indeed a welcome judgement as NGT upheld the sanctity of EPA 1986 and EIA Notification (2006). We have written to environment minister Prakash Javadekar to cancel clearances granted to such projects and order stop work notice to the proponents,” said Parineeta Dandekar, co-convener of South Asia Network on Dams, Rivers & People (SANDRP), Pune.
Dandekar said several projects simply submitted resolutions about not committing violations and MoEF accepted these projects for appraisal once these were submitted.
In the recent past, no state government has penalized a project proponent as per the EPA 1986 for starting work without EC.