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2022 Supreme(Online)(NGT) 1112

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
TRIBUNAL ON ITS OWN MOTION REGARDING NON COMPLIANCE OF EC CONDITIONS BY 2000 MW LOWER SUBANSIRI HYDEL PROJECT ARUNACHAL ASSAM BORDER – Appellant
Versus
UNION OF INDIA MINISTRY OF ENVIRONMENT FOREST & CLIMATE CHANGE – Respondent


ORDER

1. Proceedings in this matter were initiated vide order dated 19.02.2022 in the light of media report dated 4.2.2022 titled “Piecemeal Plantations can’t compensate for loss of forests” published in the Indian Express. It mentioned that as against the condition to maintain 168 kms of area in the catchment and submergence area of the project as National Park or Wild Life Sanctuary, only 127 square kilometers has been notified as sanctuary in the Subansiri basin: 49 square kilometers of Ringba-Roba in 2013 and 78 square kilometers of the Kamala reserved forest in 2015.

2. Considering the above, The Tribunal sought response from respondents including MoEF&CC, State of Arunachal Pradesh and National Hydroelectric Power Corporation Limited (NHPCL).

3. Response has been filed by the contesting parties. MoEF&CC has produced minutes of meeting of National Board for Wildlife (‘NBWL’ for short) dated 29.12.2022 to the effect that proposal to relax condition for declaration of 500 sq. km as protected area is to be considered. Stand of NHPCL is that since 42 ha of land falling within the Tale Wildlife Sanctuary was coming under submergence of the project, statutory clearance from Indian Boar

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