Summary
The National Green Tribunal upheld the environmental clearance for a 3,600 MW coal-based power project in Cuddalore but directed a review on a cumulative impact assessment; the Ministry, on a rapid assessment, added conditions by corrigendum including flue gas desulphurisation, and the Tribunal later quashed the corrigendum. Under the Supreme Court's stay two 600 MW units have run since 2015 and 2016, supplying about forty lakh households. The Supreme Court disposed of the appeals: closing the plant in a power-deficit State is not in the public interest, compliance is substantial and the partly complied conditions must be completed within the time offered, the question whether such a project needs a cumulative impact assessment is left open, and an appeal lies against a corrigendum but only as to its additional conditions where the original clearance stands.
Issues
- Whether a thermal power plant operating for years under an environmental clearance and a corrigendum imposing additional conditions should be closed on account of the Tribunal's quashing of the corrigendum, and on what terms it may continue.
- Whether an appeal lies before the National Green Tribunal against a corrigendum to an environmental clearance imposing additional conditions where the original clearance is not under challenge.
Provisions considered
- Environmental clearance and corrigendum dated 14.08.2012 issued on the Expert Appraisal Committee's recommendations, Environment Impact Assessment Notification, 2006The project proponent is bound by all conditions of the clearance and the additional conditions in the corrigendum, neither of which it challenged; the latest compliance report shows substantial compliance with no fundamental breach, and the partly complied conditions are to be fulfilled within the time stated in the proponent's response. (¶¶ 2, 2.2, 5, 7.1, 8)
Held
- Two units of 600 MW each have been running since September 2015 and April 2016 under this Court's interim order, supplying power to about forty lakh households in energy-deficient Tamil Nadu, so their closure would adversely affect the State's power sector and would not be in the larger public interest; they may continue subject to full compliance, while the larger question whether a cumulative impact assessment study is required for such a project is kept open for decision in an appropriate case. (¶¶ 3, 7, 7.1, 8)
- An aggrieved person may always challenge a corrigendum to an environmental clearance before the Tribunal, but where the original clearance is not under challenge or has been confirmed on conditions that were not challenged, the appeal is restricted to the additional conditions in the corrigendum. The order is not to be cited as a precedent. (¶¶ 9, 10)
Result
Appeals disposed of; the appellant permitted to continue operating the power units running since September 2015 and April 2016, subject to compliance with all conditions of the environmental clearance and the corrigendum dated 14.08.2012 and completion of the partly complied conditions within the time stated in its response to the compliance report dated 20.09.2022; question whether a cumulative impact assessment study is required kept open; order not to be cited as a precedent.