Disposed

Dr. Pentapati Pullarao v. Union of India

NGT17 Oct 2022Original Application No. 120/2022

Case brief

AI extract

What is this about?

The NGT addressed an application challenging the execution of the Polavaram Irrigation Project without fresh Environmental Clearance after substantial scope changes. Noting the Supreme Court is also seised of the matter, the Tribunal disposed of the application with liberty to raise grievances in the Supreme Court proceedings.

What did the court decide?

Application disposed with liberty to raise grievances in Supreme Court proceedings.

Dr. Pentapati Pullarao vs Union of India — Environment and Pollution | NGT (2022)

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Item No. 04

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(By Video Conferencing)

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Original Application No. 120/2022

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Dr. Pentapati Pulla Rao Applicant

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Versus

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Union of India & Ors. Respondent(s)

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Date of hearing: 17.10.2022

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: Mr. P. Santhosh Kumar, Advocate

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Respondent: Mr. Sandeep Mishra, Advocate for MoEF & CC

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ORDER

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Grievance in this application is against execution of Polavaram Irrigation Project (now renamed as Indira Sagar Polavaram Project) by the Polavaram Project Authority, Hyderabad, without requisite fresh Environmental Clearance (EC), even though the scope of original project has undergone substantial change. It is further stated that vide order dated 08.02.2011, MoEF&CC issued stop work order but the same has been kept in abeyance for the last more than 11 years. This is resulting in continued violations of requirement of fresh EC before any substantial changes are effected in the original project for which EC was taken. The State of Andhra Pradesh has given various assurances from time to time

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but in breach of the same, execution of the project is continuing with serious adverse impact on environment inter-alia as follows:-

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“

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i. Large scale forest submergence without precautions and providing alternative forest land according to FC.

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ii. Formation of upheaves two times near the project activity.

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iii. Inundation of upstream areas without providing R &R.

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iv. Collapse of tunnels due to falling of hill/avalanche.

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v. Though the scope of the project is changed original project is going N on with about Rs. 60,000 Crores and causing loss to about 4-5 lakhs people in Andhra, Telangana, Odisha and Chhattisgarh.

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vi. New Lift lrrigation proposed at Polavaram Dam site. ”

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Vide order dated 04.03.2022, the Tribunal sought a factual and action taken report in the matter from a joint Committee comprising MoEF&CC (Joint Secretary level), Ministry of Jal Shakti, State PCB and the Project Proponent (PP).

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When the matter was taken up for consideration, learned Counsel for the parties have brought to our attention the fact that the issue is also being looked into by the Hon’ble Supreme Court in Original Suit(s) No(s). 4/2007 , State of Orissa vs. The State of Andhra Pradesh & Ors. Vide order dated 06.09.2022, the Hon’ble Supreme Court directed holding of a High Level meeting of the Chief Ministers of the concerned States to discuss all relevant issues, including the environmental clearance.

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In view of above, we consider it appropriate to dispose of the matter with liberty to the aggrieved parties to raise their grievance in the said proceeding, in accordance with law.

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Adarsh Kumar Goel, CP

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Sudhir Agarwal, JM

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Prof. A. Senthil Vel, EM

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Dr. Afroz Ahmad, EM October 17, 2022 Original Application No. 120/2022 AB

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Dr. Pentapati Pullarao v. Union of India

Case brief

What is this about?

What did the court decide?

Dr. Pentapati Pullarao v. Union of India

Case brief

What is this about?

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