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NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Smt. Pushpa Sathyanarayana, J, Dr. Satyagopal Korlapati, E
Mr. K. Saravanan – Appellant
Versus
The Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to the om allowing changes in coal source for thermal plants. (Para 1 , 2 , 3) |
| 2. challenges regarding jurisdiction and environmental governance by moef&cc. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court's findings on the administrative order and its implications. (Para 10 , 26 , 36) |
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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.
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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 th
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