Document Fragment View

Matching Fragments

61. In the instant case, the project proponent has deliberately furnished false information before the SEIAA - AP and has claimed in the counter affidavit that the project is only Phase - I and application will be made for EC for Phase - II separately, though the administrative sanction was obtained for 3.5 TMC (Phase I - 2.5 TMC + Phase II - 1 TMC). Even without going into the issue of whether the source of water is from interstate rivers, in which case it becomes "A - Category", the mischievous attempt by the project proponent in falsely claiming that the project is for 2.5 TMC and it will benefit only 9,700 Hectares is basically an attempt to secure the EC under "B2 - Category" to avoid the rigors of EIA Study and public scrutiny.

62. Had the project proponent furnished the details of the approval accorded by the Government or SEAC/SEIAA summoned full details and documents and carried out due diligence, it would have been very clear that the total capacity of the Avulapalli Balancing Reservoir is 3.5 TMC which will benefit 40,000 Acres of new ayacut, stabilization of 20,000 Acres of the existing ayacut under MI tank and apportionment of 0.5 TMC for drinking water purpose. This will change the category of the project from "B2 - Category" to "B1 - Category", in case the source of water does not involve the interstate rivers. The G.O. Rt. No.461 dated 02.09.2020 categorically states that the source of water is from HNSS and it involves drawl of water from Krishna River which is an interstate river and this Tribunal in O.A. No.137 of 2021 (SZ) by Judgment dated 14.02.2022 held that a fresh EC has to be obtained for the project. It is relevant to be noted that the State of Andhra Pradesh in its affidavit filed on 07.02.2022 in the O.A 137 of 2021 stated as follows:-

63. From the above, it is revealed that the project relies on drawal of the excess water from the Srisailam Reservoir (on Krishna River) which is an interstate river and consequently, the category may become "A - Category" to be granted by the MoEF&CC as per S.O 1886(E) dated 20-4-2022 which stipulates that "Irrigation projects involving Inter-State issues shall be appraised at Central level without change in category".

64. The contention of the 2nd respondent that "there is no illegality in splitting the proposed plan into two phases and the EIA Notification itself provides for a mechanism for granting fresh EC for expansion projects" without furnishing the full details of the new ayacut to be benefitted by the Project as conceived and approved by the Government, if accepted will negate the very objective of categorization of the projects as per the EIA Notification and such an argument, if accepted, is fraught with serious environmental consequences since all the projects can be split into phases either to avoid EC or to shift the project category into "B2 - Category" to avoid rigors of EIA Study and public hearing as happened in the instant case.

66. Therefore, the claim that for administrative convenience the project can be implemented in phases by securing prior EC for Phase-I only, that too without furnishing the full details of the other Phases of the project already conceived and sanction obtained from the Government, is not sustainable and the issue No.3 is answered accordingly.

Issue No. 4:

67. The contention of the second respondent that the capacity of the reservoir project does not determine the category under which the project must be classified for the purpose of obtaining EC could be true only to some extent. The capacity of the Reservoir which determines the potential for irrigation extent of ayacut /culturable command is also relevant since the irrigation extent of ayacut/culturable command area due to the reservoir determines the category of the project and requirement of obtaining EC. In the instant case, the sanction accorded by the Government of Andhra Pradesh vide G.O. Rt. No.461 dt. 02-09-2020 is for three reservoirs and the irrigation extent of new ayacut is 70,000 Acres, which clearly pushes the category of the project at least into „B1‟ instead of „B2‟ category. Moreover, the said Government order also approves the source of water as HNSS and the EMP also indicates source of water as HNSS and GNSS besides self catchment and surplus waters from Gandikota Reservoir, as a result the project may have to be treated as Category „A‟ since it involves drawal of waters from Krishna river an interstate river as per the latest notification of MoEF&CC. In the result, it is held that the SEIAA