Back
2022 Supreme(Online)(NGT) 1979
Item No.1 (i) & (ii):-
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Tuesday, the 23rd day of July, 2024.
(Through Video Conference)
Original Application No.67 of 2022 (SZ) &
I.A. No.162 of 2022 (SZ)
WITH Original Application No.93 of 2022 (SZ)
IN THE MATTER OF Kumaresan Sooluran S/o. Sooluran C-9, 1st street, Ramamoorthy Nagar, Ennore, Kathivakkam, Ennore Thermal Station, Thiruvallur- 600 057.
...Applicant(s)
Versus
1) M/s. Tamil Nadu Transmission Corporation Rep. by its Chairman A-10, Thiru. Vi. Ka. Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai – 600 032.
2) The Union of India Rep. by its Secretary to Government Ministry of Environment, Forests & Climate Change Indira Paryavaran Bhavan, Jor Bagh, New Delhi.
3) Tamil Nadu Pollution Control Board Rep. by its Member Secretary No.76, Mount Salai, Guindy, Chennai – 600 032.
4) The Public Works Department Rep. by its Engineer-in-Chief. Water Resources Organization Chepauk, Chennai - 600 005.
5) Tamil Nadu State Coastal Zone Management Authority Rep. by Member Secretary, Director of Environment, Chennai- 600 015. ...Respondent(s)
WITH R.L. Srinivasan
31/36, Porkali Amman Street, Kattukuppam, Ennore, Chennai – 600 057.
...Applicant(s)
Versus
1) M/s. Tamil Nadu Transmission Corporation Rep. by its Chairman, A-10, Thiru. Vi. Ka. Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai – 600 032.
2) The Union of India Rep. by its Secretary to Government Ministry of Environment, Forests & Climate Change Indira Paryavaran Bhavan, Jor Bagh, New Delhi.
...Respondent(s)
O.A. No.67 of 2022:
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.
O.A. No.93 of 2022:
For Applicant (s): Mr. A. Yogeshwaran.
For Respondent(s): Mr. P. Wilson, Sr. Adv. a/w.
Mr. S.T. Raja for R1.
Dr. Kuna. Suryanarayana for R2.
Judgment Reserved on: 21st December, 2023.
CORAM HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For the Petitioner: A YOGESHWARAN
For the Respondent:
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 not below the lowest water level, but has been raised above the water level. This is a serious issue as the water spread area of the floodplains is reduced because of these conversions.
8. The applicant has also highlighted the violations said to have been committed by the TANTRANSCO, which are as follows:-
A. They have constructed t
