National Green Tribunal
Save Mon Region Federation & Anr vs Union Of India & Ors on 23 November, 2012
BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI
Appeal No. 36/2012
(Save Mon Region Federation & Anr. Vs. Union of India & Ors.)
Note of the Registry Orders of the Tribunal
Dated 23rd November, 2012 The order dated 09th April, 2012, passed by MoEF granting
Stage - I Clearance under the FC Act, 1980 for diversion of
forest land in favour of Nyamjang Chhu Hydroelectric project,
Tawang District of Arunachal Pradesh for construction of 780
MW Nyamjang Chuu Hydroelectric project is assailed in this
Appeal.
The question as to whether the order granting Stage - I Forest
permission passed by the MoEF can be assailed in an Appeal
filed under Section 16 (e) of the NGT Act, 2010, or Section 2(A)
of the FC Act, 1980 was before this Tribunal in the case of
Vimal Bhai & Ors. Vs. UOI & Ors. in Appeal no. 7/2012,
disposed of vide judgment dated 07th November, 2012.
This Tribunal in the said judgment held that the order granting
Stage - I Forest clearance by the MoEF cannot be assailed in
Appeal before this Tribunal. The present case is squarely
covered by the ratio of the aforesaid decision. Accordingly, this
Appeal is disposed of as premature by granting liberty to the
Appellants to pursue their remedies at appropriate stage.
(Dr. G.K. PANDEY) (JUSTICE A.S. NAIDU)
EXPERT MEMBER ACTING CHAIRPERSON