National Green Tribunal
Kanahi Ram Patel vs Union Of India on 22 November, 2024
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH, BHOPAL
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Appeal No.28/2024(CZ)
(I.A. No.126/2024 & I.A. No.127/2024)
Kanahi Ram Patel & Ors. Appellant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 22.11.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Appellant(s) : Ms. Rinchin, Appellant No.4, in person
ORDER
1. Ms. Rinchin, Appellant No.4 is present in person before the Court.
2. The present Appeal has been filed by the Appellants challenging the Environmental Clearance dated 13.08.2024 granted by the Ministry of Environment, Forests and Climate Change (MoEF&CC) to M/s. Maharashtra State Power Generation Co. Ltd. for operating Gare Palma Sector II Coal Mine Project of 23.6 MTPA Capacity in an area of 2583.487 Ha at Thili Rampur, Kunjemura, Gare, Saraitola, Muragaon, Radopali, Pata, Chitwahi, Dholnara, JhinkaBahal, Dolesara, Bhalumura, Sarasmal and Libra villages, Tamnar Tehsil, Raigarh District, Chhattisgarh.
3. The ground for challenging the Environmental Clearance prima facie is that the Expert Appraisal Committee of the Ministry of Environment, Forests and Climate Change (MoEF&CC) did not take into account the judgment dated 15.01.2024 of the Tribunal in Appeal No.26 of 2022 (Kanhai Ram Patel & Ors. v. Union of India & Ors.) wherein the first Environmental Clearance granted to the project was quashed by the Tribunal and the Tribunal had directed 1 public consultation for the project to be conducted afresh and directed the MoEF&CC to issue a fresh order, as and when the project proponent submits the appropriate information.
4. The allegation is that the impugned Environmental Clearance dated 13.08.2024 has been granted without conducting fresh public hearing and also without taking into account the material information on which the first Environmental Clearance was quashed.
5. It is stated that the present Appeal is barred by limitation of 53 days.
I.A. No.126/2024
1. This I.A. has been filed by the Appellants seeking condonation of delay of 53 days in filing the Appeal.
2. Issue notice to the Respondents on the I.A. No.126/2024, returnable within four weeks.
3. The Respondents may file their objections, if any, to the I.A. No.126/2024 within four weeks.
I.A. No.127/2024
1. This I.A. is a stay application for staying the operation of Environmental Clearance dated 13.08.2024 granted by the MoEF&CC which cannot be taken up at this stage since the Appeal itself is prima facie barred by limitation.
2. List on 17.01.2025.
..................................... B. Amit Sthalekar, JM .................................... Dr. Afroz Ahmad, EM November 22, 2024, Appeal No.28/2024(CZ) (I.A. No.126/2024 & I.A. No.127/2024) SKB 2