{DUU-8} Delhi High Court and Bhagirathi valley03-10-2005

Project Name: Loharinag-Pala Hydroelectric Project (4x150 MW)

River: Bhagirathi

Agency: National Thermal Power Corporation (NTPC)

Environmental Clearance granted on 8.2.2005

People did not allow NTPC to work on private land, as the land rate is not fixed.

Socio-Economy report on L-P HEP affected people has been done by G. B. Pant University, Uttaranchal. In face this has been done before Environment Public hearing and include in the EIA but this did not done.

Court Case: - IN DELHI HIGH COURT

GOI SHOULD CONSTITUTE NEAA WITH IN 45 DAYS

L-P HEP Case should be HEARD on merits at the neaa

In a significant development, the Delhi High Court directed the Government of India to constitute the National Environmental Appellate Authority within a period of 45 days, which has been functioning without any member for the last two months and with only one vice chairperson for the last three years.

Acting chief Justice B. A. Khan and Justice Madan Lokur came down heavily on the Government for appointing a former Secretary of the Ministry of Environment and Forests, Vishwanath Anand as the Vice Chairperson who has been rejecting application on minor technicalities. The Bench reminded the Counsel for NTPC that there are people’s movement and struggles involved in challenging dams and hydel power projects and it was strange that the Vice chairperson wanted explanation of every days delay in the project. The least that the Appellate Authority could do is to hear the appeals on merit, the Chief justice remarked.

The Court remarked that if projects are being cleared every day and there is no appellate mechanism, then Such Power projects should close down. The project authority as well as the Appellate Authority seems to have forgotten the 20 years struggle on the Narmada issue.

Counsel for the petitioners Adv. Sanjay and Adv. Ritwik Dutta informed the court that one expert member also required in NEAA according to NEAA Act.

The Court overruled the order of the Appellate Authority dismissing the petition filed by Matu's Peoples Organisation and the Gram Pradhans. High Court directed the petition should be heard on merits at the NEAA when it is constituted.

This is the first case where any of the order of NEAA challenged. If you want the copy of the order please send an email to us.

Development for all, not only for few.

Vimalbhai