The National Green Tribunal (NGT), New Delhi, has suspended the environment clearance (EC) granted by Union Ministry of Environment and Forests (MoEF) for the proposed coal-based thermal power plant of IL& FS Tamil Nadu Power Company Ltd in Cuddalore district.
The tribunal directed the company to carry out a cumulative assessment study afresh within a radius of 25 km from the project site and submit it to the MoEF for stipulating any additional conditions and safeguards required for the protection and preservation of the Pichavaram mangroves and marine environment.
It also directed the Ministry to initiate a ‘carrying capacity study' in the region where a number of projects have been proposed in proximity to the Cuddalore Industrial Area and Pichavaram mangroves.
It also asked the Ministry to complete the study within three years.
It said, “This study will go a long way in taking appropriate measures and environmental safeguards right from the beginning to avoid irreparable damage to the fragile ecosystem of the Pichavaram mangroves and marine environment.”
The Bench, comprising Acting Chairperson Justice A.S. Naidu and expert member Dr. G.K. Pandey delivered the judgement on an appeal by T. Muruganandam and two others who are residents of the area where the project is to be set up.
Assailing the EC granted by the Union Ministry for the proposed thermal power plant in Chidambaram taluk, they said the clearance was granted despite serious objections concerning the environment being raised during the public hearing.
According to them, objections related the possible adverse impact on marine environment and the fishermen community and environmental pollution due to proximity to SIPCOT Chemical complex of Cuddalore. They also said the proposed power plant location violated the criteria for thermal power plants, being within 25 km of Pichavaram, an ecologically sensitive area.
The Union Ministry submitted that the proposed project site did not fall in any critically polluted area. It was located more than 13.5 km away from SIPCOT industrial area.
The Environmental Assessment Committee (EAC) recommended the project for grant of EC after following due process as laid down in the EIA notification, 2006, subject to compliance with the various stipulated conditions for environmental safeguards.
Not agreeing with the approach of the project proponent that cumulative impact assessment could not be worked out in the absence of data from other units, the Bench said: “It is quite possible to assess likely impact from the proposed power plant and the Nagarjuna oil refinery, desalination plants and captive ports operating in the region. The cumulative effects could be due to other plants operating near the coast in the region but in fact, while preparing the EIA report, no cumulative effect has been worked out by the project proponent.”
The Bench further said: “We strongly feel, keeping in view the precautionary principle and sustainable development approach, that cumulative impact assessment studies are required to be done in order to suggest adequate mitigative measures and environmental safeguards to avoid any adverse impacts on ecologically fragile ecosystem of Pichavaram mangroves and to the biologically marine environment in the vicinity.”
However, the Bench was convinced that EC to the proposed project was granted by and large in consonance with EIA process as required under EIA Notification, 2006 and said there was no necessity to quash the EC.
It directed the Ministry to review the EC based on the cumulative impact assessment study and stipulate any additional environmental conditions, if required.
