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2025 Supreme(Online)(NGT) 500
NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Smt. JUSTICE PUSHPA SATHYANARAYANA, Dr. VIJAY KULKARNI, JJ
M. VENKATA REDDY – Appellant
Versus
STATE OF TELANGANA – Respondent
136/2023 / CHENNAI
For the Petitioner: SRAVAN KUMAR
For the Respondent:
The Tribunal ruled that the Manair Riverfront Project is exempt from Environmental Clearance requirements under the EIA Notification, 2006, as it does not exceed specified thresholds.
Headnote:(A) Environmental Impact Assessment Notification, 2006 - Requirement for Environmental Clearance - The applicant raised concerns regarding the Manair Riverfront Project's compliance with environmental regulations, alleging construction without an EIA and EC. The Tribunal found that the project does not exceed thresholds requiring prior clearance and dismissed the application as frivolous. (Paras 1, 25, 35)
(B) Frivolous Litigation - The Tribunal emphasized the need to discourage frivolous applications that waste judicial resources, imposing costs on the applicant for filing without bona fide intent. (Paras 31, 34)
Facts of the case:
The applicant alleged irregularities in the Manair Riverfront Project, claiming it was initiated without an EIA and EC, posing risks to the environment and local residents. (Paras 1, 21)
Findings of Court:
The Tribunal concluded that the project does not require prior Environmental Clearance as it falls below the specified thresholds and dismissed the application with costs. (Paras 25, 35)
Issues: The main issues included whether the project required an EIA and EC and the validity of the applicant's claims regarding environmental damage. (Paras 21, 25)
Ratio Decidendi: The Tribunal ruled that the project is exempt from EIA requirements due to its flood control nature and that the applicant's claims lacked substantial evidence. (Paras 25, 26)
Result: The Original Application is dismissed with costs of Rs.1,00,000/- payable by the applicant. (Para 35)
JUDGEMENT
1. The present Original Application is filed by the applicant, a resident of Karimnagar, raising concerns regarding irregularities in the development and construction of the ‘Manair Riverfront Project’ at Karimnagar, Telangana, without conducting an Environmental Impact Assessment (EIA) Study and not obtaining Environmental Clearance (EC) from the appropriate authorities.
2. The project was initiated by Respondent No.4 - Telangana State Tourism Development Corporation Limited and Respondent No.6 - Irrigation Department, on the Manair River, adjacent to the Lower Manair Dam (LMD).
3. It is alleged by the applicant that authorities are engaging in large-scale activities, including blasting within the river, without proper environmental safeguards, thereby causing potential damage to the river ecosystem. Blasting near an irrigation dam poses a severe risk due to high vibrations that may lead to structural damage, cracks, or even a dam failure, resulting in disastrous consequences. The blasting activities are contributing to air and noise pollution, adversely affecting the residents of Karimnagar. The ecosystem of the Manair River is being negatively impacted by these activities, which are occurring alarmingly close to the Lower Manair Dam.
4. It is further alleged that the riverfront project includes the construction of a check dam, flood banks, recreational spaces, open-air theatres, tourist attractions, and a boating area. Large- scale construction activities are being carried out using heavy equipment and vehicles, exacerbating environmental degradation. The Manair Riverfront Project falls under the category of ‘Area Development Projects’ as per the EIA Notification, 2006 (Category B) and requires prior Environmental Clearance.
5. Hence, the applicant filed this Original Application seeking the following reliefs:-
“a. Direct the project proponent to execute the Maneru River Front Project only after conducting Environment Impact Assessment (EIA) studies and after obtaining appropriate Environment and other clearances from TSEIAA/ Union Ministry of Environment, Forest and Climate Change and Telangana State Pollution Control Board.
b. Direct the Project Proponent and Respondents of Telangana not to construct permanent structures on floodplains, within river contrary to the guidelines of MoEF and Union Ministry of Housing and Urban Development.
c. Direct the regulatory agencies to assess the damage caused to the Maneru river and its surroundings by the project proponent.
d. Direct the Official Respondents to restore the damaged area.”
6. Considering the gravity of the issue raised, this Tribunal admitted the matter and issued notice to respondents through the Tribunal as well as privately. Upon notice, the respondents entered appearance through their counsel and filed their respective pleadings.
7. The Ministry of Environment, Forests and Climate Change (MoEF&CC) / Respondent No.2 has filed a counter affidavit dated 16.10.2024, stating that the Environmental Impact Assessment (EIA) Notification issued by the MoEF&CC regulates the construction of new projects or expansion/modernization of existing ones, requiring prior Environmental Clearance (EC) under sub-section (3) of Section 3 of the said Act.
8. The counter affidavit states that with reference to the applicant’s allegations, the MoEF&CC conducted a site inspection through its Hyderabad Regional Office on 17.05.2024, with officials from the Telangana Irrigation and Tourism Departments in attendance. They made detailed observations and conclusions from the inspection. The further contention of the MoEF&CC is that projects exceeding 50 Hectares fall under Category B of Item 8(b) and require SEAC appraisal and SEIAA approval. The remaining issues raised in the application do not pertain to this respondent.
9. The Telangana State Pollution Control Board (TGPCB)/ Respondent No.3 filed a report dated 18.12.2023, stating that the Pollution Control Board officials along with the Irrigati
