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
Original Application No.89 of 2022 (SZ) | Original Application No.61 of 2022 (SZ)

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

The court ruled that the Lower Bhavani Project renovation does not require Environmental Clearance as it does not alter the project's capacity, confirming that environmental duties were met under constitutional mandates.

Headnote:(A) Environment (Protection) Act, 1986 - Environmental Impact Assessment Notification, 2006, Clause 8(a) and S.O.3252 (E) dated 22.12.2014 - Renovation and modernization of Lower Bhavani Sub Basin Project System challenged for lack of Environmental Clearance and public consultation, potentially impacting groundwater recharge and tree destruction. - Court held that the project does not necessitate Environmental Clearance as it involves only renovation, not capacity increase, and affirmed that minimal tree removal with appropriate approvals was proposed. (Paras 1-46)

(B) Fundamental Duties - Considerations under Articles 48A and 51A(g) of the Constitution in evaluating environmental responsibilities of the State were discussed; however, the court found that actions were in line with mandatory duties. (Paras 41-44)

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 Erode, Tiruppur and Karur Districts. The existing irrigation area of the Lower Bhavani Project (LBP) consists of 83,975 Hectares. The proposed project involves the concretization of existing irrigation canals. Hence, it is stated that it falls under Clause 8 (a) substituted by S.O.3252 (E) dated 22.12.2014 to the EIA Notification, 2006 dated 14.09.2006.

3. According to the applicants, if the project is proceeded with, without following the mandatory requirements of public consultation, Environmental Impact Assessment (EIA and without obtaining Environmental Clearance, it will have a disastrous effect on the groundwater table and scarcity of drinking water in the region.

4. It is stated that the river Bhavani enters into Tamil Nadu and runs west to east for 234 Km with several tributaries and confluences the river Cauvery at Bhavani town. The Lower Bhavani Dam is used for irrigation purposes, which is the longest dam in the basin with a length of 8.79 Km, which was constructed in the year 1950. The dam is having a capacity of 32 TMC at a length of 8 Km with a height of 130 feet. Even before the construction of the Bhavani Sagar Dam, the Kalingarayan Anaicut with earthen bunds has been in existence for more than 800 years with naturally grown trees and shrubs on the earthen bunds. The earthen bunds of Lower Bhavani is only 70 years old along with naturally grown and planted trees to strengthen it without any supportive system.

5. It is stated further that the irrigation was first available during 1952-53 and the entire project was commenced for irrigation from 1956-57 onwards. The command area is divided into two half‟s and the distributaries in the odd mile of the main canal were numbered as ‘Number I Turn’ and the rest as ‘Number II Turn’. The said turn system is still in operation. Under such circumstances, when water is released for Turn I, even ayacutdars in Turn II will get seepage water and vice versa. Further, through the seepage of the LBP canal not only the ayacutdars, but even non-ayacutdars, who owned land on either side of the LBP canal, are engaged in the process of cultivating their lands with the help of seepage water which percolates into the nearby tanks. For several decades, the farmers and villagers, who owned their lands on either side of the LBP to a distance of 234 Km starting from Bhavani Sagar Dam to the tail end at Mangalapatti at Karur District, have enjoyed the benefit from the seepage water either directly or indirectly. Even during the 1960s, the Irrigation Authorities had set up 34 schemes as ‘Harnessing Schemes’ to capture seepage and drainage water from the LBP, which ultimately increased the groundwater table and the cultivable area even in the non-ayacut areas.

6. While so, vide G.O. (Ms.) No.276 dated 09.11.2020, the Cen

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