JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The challenge in this application is to the OM dated 11.11.2020 bearing number F.No.-J-13012/8/2009-IA,II(T) issued by the MoEF&CC. The said OM allowed the thermal power plants to change their coal source without requiring fresh EIA or Environmental Clearance. According to the applicant this OM undermined the statutory environmental safeguards and facilitated increased pollution without regulatory oversight, and violated constitutional and environmental principles.

2. Considering the fact that the said OM has pan India significance, originally the Original Application was transferred to the Principal Bench on 06.03.2021. However, the same was challenged alleging that it created an artificial hierarchy among the NGT zonal benches which was not provided for under the Act. The Hon’ble Madras High Court before which the said challenge was made, ruled it in favour of the applicant holding that all the zonal benches of the NGT exercise equal jurisdiction and that there was no statutory basis for requiring matters of pan-India significance to be heard only by the Principal Bench. Consequently, the matter was transfe