National Green Tribunal
Anil Kumar Yadav vs State Level Environment Impact ... on 2 August, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item Nos. 03 to 08, 10 & 11 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Appeal No. 54/2020
(I.A. No. 439/2020)
With
Appeal No. 55/2020
(I.A. No. 440/2020)
With
Appeal No. 56/2020
(I.A. No. 441/2020)
With
Appeal No. 02/2021
(I.A. No. 56/2021)
With
Appeal No. 03/2021
With
Appeal No. 04/2021
Anil Kumar Yadav Appellant
Versus
State Environment Impact Assessment Authority,
Uttar Pradesh & Ors. Respondent(s)
With
Review Application No. 07/2021
IN
Appeal No. 04/2020
(I.A. No. 75/2021)
Abhinav Gramodyog & Seva Sansthan Applicant
Versus
State Level Environment Impact Assessment Authority,
Uttar Pradesh & Ors. Respondent(s)
..................
State Level Environment Impact
Assessment Authority, UP Review applicant
With
Review Application No. 09/2021
IN
Appeal No. 04/2020
Abhinav Gramodyog & Seva Sansthan Applicant
1
Versus
State Level Environment Impact Assessment Authority,
Uttar Pradesh & Ors. Respondent(s)
.........................
RSI Stone World Pvt. Ltd.,
E-7, M-708, Arera Colony,
Bhopal-462016 Review applicant
Date of hearing: 02.08.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Appellant/Applicant(s): Ms. Samridhi Jain, Advocate for Appellant in Appeal Nos.
54 to 56 of 2020 and 2 to 4 of 2021
Mr. Manohar Pratap, Advocate for Review Applicant (RSI Stone
World Pvt Ltd) in R.A 09/2021
Respondent(s): Mr. Amit Tiwari, Advocate for SEIAA, UP
Mr. Pradeep Misra, Advocate & Mr. Daleep Dhyani, Advocate for
UPPCB in R.A 07/2021
Mr. Sharad Chauhan, Advocate for Caveator in Appel 56/2020
ORDER
1. The issue involved in these matters is validity of grant of Environmental Clearance (EC) by SEIAA, UP dated 09.01.2020 in respect of different mining leases. Ground for challenge is common - the project has to be taken as category - 'A' as per 'general condition' appended to the EIA Notification dated 14.09.2006 being within specified distance from a Critically Polluted Area (CPA) or protected area under the Wildlife (Protection) Act, 1972 or inter-State boundaries.
2. Vide order dated 20.11.2020 in Appeal No. 4/2020, Abhinav Gramodyog & Seva Sansthan v. State Level Environment Impact Assessment Authority, Uttar Pradesh & Ors., the Tribunal allowed the appeal, holding that applicability of general condition, being statutory, could not be diluted by O.M. dated 30.12.2019 issued by the MoEF&CC, as held by the Hon'ble Supreme Court in Alembic Pharmaceuticals Ltd. v. 2
Rohit Prajapati & Ors.1 Appeal Nos. 54 to 56 of 2020 and 02 to 4 of 2021, Anil Kumar Yadav v. State Level Environment Impact Assessment Authority, Uttar Pradesh & Ors. filed on same pattern remained to be dealt.
3. In the meanwhile, Review Application No. 07/2021 was filed by SEIAA, UP against order dated 20.11.2020 by submitting that the projects in question were not within the prohibited distance from the CPA. To verify this factual aspect, vide order dated 05.03.2021, the Tribunal constituted a joint Committee of MoEF&CC, CPCB and UP State PCB. Review Application No. 09/2021 filed on same ground was also tagged with the said matter. Thus, decision in Review Application No. 07/2021 may govern all the matters on the issue of distance from CPA.
4. Report dated 14.06.2021 has been filed on behalf of the joint Committee but the same is not conclusive and is also contradictory. In para 4.1.2, it is stated that according to the State PCB, the project is at a distance of 20 km from nearest CPA/SPA. According to para 4.1.3, scaled map of the core area is yet to be notified and therefore, no finding could be given on the subject. As per para 4.2.1, Singrauli area consists of Dala-Tola, Obra, Renukoot, Anpara, Renusagar, Kakri, Dudhichuwa, Bina, Khadia, Shakti Nagar, Rihand Nagar and Bipur & MP-State, consisting of Vindhyachal Nagar, Jayant, Nigahi, Dudhichuwa, Amlohari and Jhingurdah. The said area is CPA. Thus, the issue remains unresolved. Further reference has been made to the CEPI score of 2009 and 2016 and it is stated that 2016 score is not finalised by the MoEF&CC.
1 2020 SCC OnLine SC 347 3
5. Once the critically area is known, absence of the scaled map may not be the handicap, as stated. The revenue boundary can be verified from the available revenue maps and distance of the project from such outer boundary can be measured. This exercise needs to be carried out with the help of the Revenue and the Forest Departments, to be coordinated by the District Magistrate, Sonbhadra. With regard to CEPI score, it may be observed that delay by MoEF&CC cannot be a ground to hang in uncertainty as in environmental issues, Precautionery principle requires to act on precaution and pending certainty 2016 score has to be acted upon for purposes of the 'general condition' in the EIA Notification.
6. Accordingly, the joint Committee of MoEF&CC, CPCB and State PCB may, with the help of the District Magistrate, Sonbhadra, finalise the exercise and clarify the factual position of the outer boundary of the CPA and distance of the projects in question from said area. The State PCB will be the nodal agency for coordination and compliance. The joint Committee may also give a report whether the projects in question fall within the prohibited distance from the protected area under the Wild Life (Protection) Act, 1972 and the inter-State boundary. The meeting of the joint Committee may be held within 15 days from today and report submitted within two months to this Tribunal by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If the report finds that the projects in question are within prohibited distance, the project proponents may also be served with a copy of the report for their objections, if any, before the next date.
List for further consideration on 29.11.2021.
In view of above order, all pending I.A.s will stand disposed of. 4 A copy of this order be forwarded to MoEF&CC, CPCB, State PCB and District Magistrate, Sonbhadra, by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Brijesh Sethi, JM Dr. Nagin Nanda, EM August 02, 2021 Appeal No. 54/2020 (I.A. No. 439/2020) and other connected matters DV 5