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2024 Supreme(Online)(NGT) 4853
NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Smt. Pushpa Sathyanarayana, J, Dr. Vijay Kulkarni, E
M. Venkata Reddy – Appellant
Versus
State of Telangana – Respondent
Original Application No.136 of 2023(SZ)
For the Applicant(s): Mr. Shivang Singh, Mrs. Mamatha Ralla
For the Respondent(s): Ms. E. Niveditha, Mrs. H. Yasmeen Ali, Mr. G.M. Syed Nurullah Sheriff, Ms. G. Lavanya, Mr. K.S. Viswanathan, Mrs. T. Hemalatha
The Tribunal ruled that the Manair Riverfront Project did not require Environmental Clearance under prevailing laws as it fell below threshold limits, refuting claims of environmental damage.
Headnote:(A) Environmental Impact Assessment Notification, 2006 - Requirement of Environmental Clearance - The Tribunal found the Manair Riverfront Project did not exceed EIA thresholds nor require an Environmental Clearance, as confirmed by inspections and reports from concerned authorities. Allegations of environmental degradation due to blasting were not substantiated. (Paras 25-27)
(B) Frivolous Litigation - Tribunal discussed the issue of frivolous petitions, emphasizing the need to discourage and penalize claims detracting from genuine litigation.
Facts of the case:
The application raised concerns over the Manair Riverfront Project's compliance with environmental regulations, alleging lack of EIA studies and Environmental Clearance, claiming serious ecological risks.
Findings of Court:
The Tribunal dismissed the application as frivolous, imposing costs, and clarified the project’s exemptions under environmental laws.
Issues: Whether the project required an EIA based on the EIA Notification thresholds and the legitimacy of the flooding protective measures.
Ratio Decidendi: The Tribunal ruled that ongoing flood protection works by the irrigation department are exempted from EIA requirements and that the applicant's change of stance raised doubts of bona fides.
Result: The Original Application is dismissed with costs of Rs.1,00,000/- payable by the applicant.
| Table of Content |
|---|
| 1. concerns regarding environmental impacts of the manair riverfront project. (Para 1 , 2 , 3 , 4) |
| 2. statements from authorities confirm project compliance with eia requirements. (Para 5 , 6 , 7 , 8 , 9) |
| 3. exemptions and requirements related to environmental clearances clarified. (Para 19 , 21 , 22 , 25 , 26) |
| 4. dismissal of frivolous application with cost implications. (Para 29 , 30 , 31 , 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 fur
