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2024 Supreme(Online)(NGT) 1351
NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapat, Expert Member
Kumaresan Sooluran – Appellant
Versus
Tamil Nadu Transmission Corporation – Respondent
Original Application No.67 of 2022 (SZ)|I.A. No.162 of 2022 (SZ)|Original Application No.93 of 2022 (SZ)
For Applicant(s): Mr. A. Yogeshwaran
For Respondent(s): Mr. P. Wilson, Sr. Adv. a/w. Mr. S.T. Raja for R1, Mr. Meyappan represented Mrs. Me. Sarashwathy for R2, Mr. S. Sai Sathya Jith for R3, Dr. D. Shanmuganathan for R4 & R5, Dr. Kuna. Suryanarayana for R2
No-fault liability applies to environmental violations like CRZ deviations and mangrove damage in fragile ecosystems, imposing penalties even if ratification is pending, to ensure restoration and compensation for unquantifiable harm.
Headnote:(A) Coastal Regulation Zone Notification - CRZ Clearance - Environmental laws - Transmission towers - Violations including deviation from approved locations, dumping of materials in river/creek, impact on tidal flow and mangroves - Project proponent liable under no-fault liability principle for violations in fragile ecosystems despite application for ratification pending - Penalty of Rs.25,00,000/- imposed for environmental damage. (Paras 33, 34)
(B) Environmental Clearance - EIA Notification, 2006 - Transmission infrastructure integral to thermal power projects must be disclosed in Form-1 and assessed as part of overall project clearance; suppression of alignment constitutes violation. (Paras 4, 9, 11)
(C) Mangrove ecosystems - Construction in prohibited areas - Obligation to restore and enhance mangrove cover; compensatory afforestation at 1:6 ratio if damage occurs. (Paras 31, 32, 35(iv))
Facts of the case:
Applicants challenged construction of overhead transmission towers and lines in CRZ areas alleging deviations from approved CRZ clearance locations, illegal dumping of dredged sand, fly ash and debris in river/creek blocking tidal flow and fisher livelihoods, mangrove destruction, and non-disclosure in thermal power plant environmental clearances. Project proponent admitted minor deviations for technical necessity, claimed compliance with conditions like removal of temporary structures, and sought ratification.
Findings of Court:
Violations established including tower location deviations into prohibited CRZ/mangrove areas and failure to fully remove temporary structures; no-fault liability applies to construction in fragile ecosystems; Rs.25,00,000/- penalty directed to enhance mangrove cover; matter linked to pending ratification application.
Issues: Whether deviations from CRZ-approved tower locations and associated dumping/structures violate clearances; necessity of transmission details in thermal power ECs; liability for mangrove damage and creek obstruction; scope for ratification post-violation.
Ratio Decidendi: Environmental law shifts to no-fault liability for unquantifiable damages in fragile ecosystems like mangroves/creeks, holding project proponents accountable even absent negligence; violations prior to ratification warrant penalty; regulatory authorities must expeditiously decide ratification, challengeable if adverse. (Paras 33, 34, 30)
Result: Original Applications disposed subject to outcome of ratification application before MoEF&CC (to be decided in 4 weeks); Rs.25,00,000/- penalty to Forest Department for mangrove restoration.
| Table of Content |
|---|
| 1. illegal dumping and tower construction violates crz clearance (Para 1 , 2 , 3 , 7 , 8 , 12 , 13 , 14) |
| 2. transmission lines require integrated eia clearance (Para 4 , 5 , 9 , 10 , 11) |
| 3. project complies with approvals; no mangrove damage (Para 19) |
| 4. deviations admitted; ratification pending with moef&cc (Para 24) |
JUDGEMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member.
1. The Original Application [O.A. No.67 of 2022 (SZ)] has been filed by the applicant, alleging that the 1st Respondent/ Tamil Nadu Transmission Corporation (hereinafter referred to as ‘TANTRANSCO’) has dumped dredged sea sand, fly ash and construction debris inside the Kosasthalaiyar River in Ennore creek, which affects the tidal and river flow in violation of the Coastal Regulation Zone (CRZ) Clearance dated 01.11.2019 issued by the 2nd Respondent / Ministry of Environment, Forests and Climate Change (hereinafter referred to as ‘MoEF&CC’)
2. The said illegal dumping is causing disturbance to the movement of fishermen’s boats impacting their livelihood. It is also alleged that the conditions imposed in the CRZ Clearance for the erection of transmission towers and transmission lines were violated though the clearance clearly stipulated that “Any physical infrastructure setup during construction period shall be removed simultaneously with completion of laying of each segment of the erection project”.
3. The CRZ Clearance was issued for the erection of overhead transmission tower and transmission lines for 400 KV power excavation line from SEZ to Ennore Thermal Power Station (ETPS) expansion project, Ennore SEZ to North Chennai Pooling Station, ETPS expansion project to NC Pooling Station and 765 KV power evacuation line from North Chennai Thermal Power Station Stage – III (NCTPS-III) to NC Pooling Station at Ennore, Tamil Nadu. The overhead transmission lines having a total length of 39068.38 Meter, of which, 27244.11 Meter will fall under CRZ areas. The activity involves setting up of 124 Nos. of overhead towers, of which, 71 Nos. of towers falls under CRZ area. Totally, 101 Nos. of 400 KV towers and 23 Nos. of 765 KV towers are to be constructed.
4. According to the applicant, the transmission lines for evacuation of electricity generated from a thermal power plant are an integral part of the thermal power plant, which has to be taken into consideration during the Environmental Impact Assessment (EIA) Study and the clearance has to be obtained for the thermal power project as a whole. Further, the Environmental Clearance (EC) obtained for the thermal power plants do not permit any power evacuation infrastructure including transmission corridors.
5. It is further alleged by the applicant that ECs for the thermal power plant have been obtained neither disclosing the alignment of the transmission infrastructure nor impact assessment or appraisal of such infrastructure. The availability of transmission infrastructure has been stated as a reason for choosing the site for ETPS expansion.
6. In order to ensure that the construction of these towers do not greatly interfere with the hydrology of the area or with the flow of water, it was mandated in the recommendations dated 19.08.2019 as noted below:-
a) NOC from the District Forest Officer should be obtained with reference to the transmission alignment and on the location of the towers, as to the effect that Mangroves are not disturbed.
b) NOC from the Public Works Department (PWD) and the Kamarajar Port should be obtained prior to the commencement of works.
c) The Pier Cap should be below the lowest water level.
d) Tidal flow of water should not be affected due to the project features.
e) As indicated in the EMP, tower construction locations to be planned to avoid interference into water courses and thereby avoid contamination due to construction. Excavated earth to stored in the same location and will be back-filled around the tower foundation base.
7. However, the pier cap of the towers are n
