BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Thursday the 9th day of January, 2025.

Appeal No. 40 of 2022 (SZ)

&

I.A. Nos. 113 of 2022 and 33 of 2024.

(Through Video Conference)

IN THE MATTER OF

1. Kulal Munindar Narendar Goud, 38 years, S/o Munindar Goud, House No.3-2, Chittanur Village, Marikal (M), Narayanpet (D), Telangana- 509 409.

2. Salguti Manivardhan Reddy, 43 years, S/o Bhagavanth Reddy, House No.2-27, Chittanur Village, Marikal (M), Narayanpet (D), Telangana- 509 409.

3. Pattapally Murali, 28 years, S/o Puttapalli Krishnaiah, House No.1-18, Chittanur Village, Marikal (M), Narayanpet (D), Telangana- 509 409.

...Appellant(s)

Versus

1. Union of India, Through the Secretary, Ministry of Enviornment and Forests & Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Ali Gunj, New Delhi- 110003.

2. Telangana State Pollution Control Board, Through the Member Secretary, A-3, Paryavaran Bhavan, Industrial Estate, Sanath Nagar, Hyderabad- 500018.

3. State Government of Telangana, Through the Chief Secretary, Burgula Rama Krishna Rao Bhavan, 9th Floor, Adarsh Nagar, Hyderabad- 5000063.

4. Jurala Organic Farms and Agro Industries LLP, Through by its Managing Director, Chittanur Village, Marikal Mandal, Naryanpet District, Telangana- 509 409.

...Respondent(s)

For Applicant(s): Mr. Ritwick Dutta For Respondent(s): Mr. Meyyappan represented Mrs.

Me. Saraswathy for R1.

Mr. T. Sai Krishnan for R2.

Mrs. H. Yasmeen Ali for R3.

Mr. K.S. Viswanathan, Sr. Adv. along with Mrs.

T. Hemalatha for R4.

Judgment Reserved on: 3^rd December, 2024.

CORAM HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER

JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The appellants who are residents of the project site in Chittanur Village, Narayanpet District, State of Telangana alleging significant environment and procedural lapses in the project appraisal have filed the above appeal challenging the Environmental Clearance granted in favour of the project proponent dated 03.01.2022. The Environmental Clearance was granted for establishment of Grain based distilleries producing Ethanol in an area of 13.19 ha., site along with a captive coal based thermal power plant with a capacity of 15 MW.

2. The appellants state that the project involves critical water usage from Koilsagar lift irrigation project but they have not obtained requisite permission for water withdrawal. The local farmers who depend on the same for irrigation purpose may face potential depletion as two of the canals have reportedly been diverted into the project site for storage in newly constructed tanks.

3. In addition, the 15 MW captive thermal power plant requires substantial coal input without a confirmed coal linkage or even the assessment of the coal characteristics. It is alleged that Environment Impact Assessment and public consultation for the power project were not conducted. The appellants also have expressed concern over the absence of delay analysis of ash pond impact, waste water discharge and plant’s water requirements.

4. The respondents have filed individual replies in the appeal. Heard Mr. Ritwick Dutta for the appellants. Mr. Meyyappan for Mrs. Me. Saraswathy for R1, Mr. T. Sai Krishnan for R2, Mrs. H. Yasmeen Ali for R3 and Mr. K.S. Viswanathan, Sr. Adv. along with Mrs. T.

Hemalatha for R4.

5. I.A. No. 33 of 2024 is filed by the appellants for receiving additional documents, namely, Form- I and II, Pre-feasibility report, letter dated 10.02.2022, additional information provided by project proponent and standard TOR. The additional documents are taken on record. Accordingly, the I.A. No. 33 of 2024 is disposed of.

6. The grounds of challenge in the appeal:

(1) Permission for water withdrawal not obtained.

5.1.1 The project proponent even before the EAC and MoEF&CC had submitted that it requires 2700 M³ per day of water from the Koilsagar lift irrigation project but the project proponent had not obtained the req