RAMESH AGARWAL vs UNION OF INDIA THROUGH ITS SECRETARY

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(Online)(NGT) 326

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
RAMESH AGARWAL – Appellant
Versus
UNION OF INDIA THROUGH ITS SECRETARY – Respondent

Advocates:
For the Petitioner: SAURABH SHARMA
For the Respondent:

ORDER

Sr. No	Issues	Page No.
A	GROUND OF APPEAL	1-4
B	BRIEF FACTS	4-5
C	PROCEEDINGS BEFORE THE TRIBUNAL	5-6
D	PRELIMINARY OBJECTION WITH REGARD TO PERSON AGGRIEVED	6-32
E	ISSUE NO. III	32-41
F	ISSUE NO. IV	42-60
G	ISSUE NO. V	60-65

A. GROUNDS OF APPE AL

1. Challenge in this appeal is the order/letter dated 26.04.2017 passed by Ministry of Environment, Forest & Climate Change, New Delhi, whereby and hereunder a proposal for amendment in the Environmental Clearance moved by the respondent no. 3 project proponent was placed before EAC in its first meeting held on 28.12.2016 and on the recommendation of the EAC, the proposal for amendment in the environmental clearance was accepted with certain conditions, which are as follows :-

―2. It is noted that EC for above expansion project, Unit #1 & 2 (2x600MW) was accorded on 18.03.2011 based on domestic coal linkage and EC for the remaining 2x600 MW (Unit #3 & 4) based on imported coal (till domestic coal linkage is available) was accorded on

04.11.2011.

An amendment to specific condition no (xxvi) of EC was accorded on 10.01.2014 w.r.t. temporary location of coal handling plant and temporary transportation of domestic c

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2019 Supreme(Online)(NGT) 326

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)RAMESH AGARWAL – AppellantVersusUNION OF INDIA THROUGH ITS SECRETARY – Respondent

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
RAMESH AGARWAL – Appellant
Versus
UNION OF INDIA THROUGH ITS SECRETARY – Respondent