Trivandrum-Kanniyakumari road project faces NGT bottleneck

September 16, 2016 12:00 am | Updated November 01, 2016 06:53 pm IST - CHENNAI

Tribunal suspends environmental clearance; asks Ministry to go for reappraisal

: The Southern Bench of the National Green Tribunal has suspended for six months the Environmental Clearance (EC) granted to a proposal relating to the widening of the Trivandrum and Kanniyakumari section of NH 47 including the Nagercoil and Kavalkinaru section of NH 47B.

The EC had been granted by the Ministry of Environment, Forest and Climate Change (MoEF & CC) based on an Expert Appraisal Committee (EAC) recommendation.

Asking the Ministry to refer the proposal to the EAC for reappraisal of the EC, the Bench, comprising Justice P. Jyothimani and expert member P.S. Rao, also concluded that the EAC’s original appraisal was not proper.

The order was delivered on a batch of applications filed by R.S. Lal Mohan, chairman, Conservation of Nature Trust, and Padmadhas, president of Kanyakumari District Boomi Pathukappu Sanga Kootamaipu.

The applicants said the proposed project would affect seven system tanks that are part of the Kothaiyar irrigation system, several natural springs, three temple tanks and the highly fragile Valliyar River Valley, affecting the sensitive and fragile ecology of Kalkulam Taluk of the Kanniyakumari district.

The Bench observed that the crux of the issue as raised by the applicants was that scores of water bodies, either in the form of ponds or otherwise, were likely to be affected due to the proposed project and many ponds would be landfilled resulting in deprivation of storage and free flow of water, both for irrigation and drinking purposes.

Pointing out that the NHAI had carried out an extensive Environmental Impact Assessment (EIA) study and prepared an Environment Management Plan (EMP), the Bench said the Tribunal would not interfere as far as the “scoping” stage was concerned.

But it found that the EAC, while taking note of the proposal for the new alignment of 70.36 km, had recommended issuance of the EC based on a few points, on which the Ministry had issued the clearance.

The Bench said that the EAC had not taken into account the anxiety expressed by many participants in a public hearing over the displacement of a large number of people and the possible impact on many water bodies.

Slamming the EAC, the Bench said, “in the light of objections raised by a large number of people during public hearing in respect of water bodies, the EAC ought to have applied its mind independently at least to direct the project proponent to produce the revenue records and make inspection of the spots concerned through its committee before recommending the same.”

Pointing out that protection of water bodies and other natural resources form part of right to life guaranteed under Article 21 of the Constitution of India, the Bench suspended the EC for a period of six months, and asked the Ministry of Environment to refer to the EAC for reappraisal of the EC.

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