M-4 LBP Systemised Irrigation Council Rep. by its President, P. Periavellappan vs Union of India Rep. by its Secretary, Ministry of Environment, Forests and Climate Change

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 1484

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Smt. Pushpa Sathyanarayana, J, Dr. Satyagopal Korlapati, ACJ
M-4 LBP Systemised Irrigation Council Rep. by its President, P. Periavellappan – Appellant
Versus
Union of India Rep. by its Secretary, Ministry of Environment, Forests and Climate Change – Respondent

Advocates:
For the Appellants/Petitioners: Ms. Anitha Shenoy, Sr. Adv., M/s. A. Praveen Kumar, M. Meenatchi, Kuberan
For the Respondents: Mr. R. Thirunavukarasu for R1, Dr. D. Shanmuganathan for R3 to R6, Mr. S. Thangavel for R7, M/s. S. Karthikei Balan, B. Sasidaran, S. Shivram, A. Prashanth & Lakshmipriya Muthuramalingam for I.A. No.109/2023

Table of Content
1. overview of lower bhavani project system (Para 1 , 2 , 4 , 5)
2. concerns about environmental impact and public consultation (Para 3 , 7 , 8)
3. details of proposed renovation and modernization efforts (Para 6 , 10 , 12 , 14)
4. responses of various authorities regarding the project (Para 11 , 13 , 15 , 18)
5. environmental clearance requirement analysis and court's decision (Para 27 , 39 , 44)
6. historical context and impact of the bhavani river and associated systems (Para 28 , 29 , 30)
7. discussion on constitutional obligations and environmental duties (Para 42 , 43)
8. final verdict and directives from the tribunal (Para 45 , 46)

JUDGEMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member.

1. The elected representatives of various village panchayats in Modakurichi Taluk, Perundurai Taluk, Kangayam Taluk of Tiruppur District, who are representing the cause of beneficiaries of the Lower Bhavani Sub Basin Project System, have filed this Original Application [O.A. No.61 of 2022 (SZ)].

2. The Original Application is filed against the proposed project of extension, renovation and modernization of the Lower Bhavani Sub Basin Project System running through the

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