Case Note & Summary
The Gram Panchayat of Navlakh Umbre, through an association, filed a public interest litigation under Article 226 of the Constitution challenging the environmental clearance granted by the Ministry of Environment and Forests (MOEF) to the Sixth Respondent, Hindustan Electricity Generation Company Private Limited, for setting up a 355 MW combined cycle power project in Maval Taluka, about 35 kms north west of Pune. The petition was placed before the Division Bench pursuant to administrative directions of the Chief Justice following an order of the Supreme Court dated 2 May 2012 directing disposal by 30 June 2012. The facts reveal that on 14 September 2006, the MOEF issued a notification under Section 3 of the Environment (Protection) Act, 1986 requiring prior environmental clearance for new projects. The power project fell under category B-1 of the Schedule. Between January and March 2008, agreements to sell were executed between agriculturists and Helios Constructions Private Limited for the land, which was later amalgamated with the Sixth Respondent. Baseline studies were conducted between March and May 2008. On 24 March 2009 and 30 June 2009, the MOEF issued circulars mandating prior environmental clearance for power projects. On 30 September 2009, the Sixth Respondent applied to the State Expert Appraisal Committee (SEAC) for a 355 MW project. On 29 October 2009, the SEAC considered draft terms of reference. The petitioner challenged the clearance on grounds of non-compliance with terms of reference, inadequate public hearing, and suppression of material facts. The court analyzed the procedural compliance, including the public hearing conducted on 10 March 2010, and found that the SEAC and MOEF had properly considered all aspects. The court held that the clearance was valid and dismissed the petition with no order as to costs.
Headnote
A) Environmental Law - Environmental Clearance - Power Project - Validity of Clearance - Challenge to environmental clearance granted for 355 MW combined cycle power project under Environment (Protection) Act, 1986 and Notification dated 14 September 2006 - Petitioner alleged non-compliance with terms of reference, inadequate public hearing, and suppression of material facts - Court held that the clearance was granted after due consideration of all relevant factors, including compliance with terms of reference and public hearing requirements, and that the challenge was without merit - Held that the clearance was valid and the petition was dismissed (Paras 1-38).
Issue of Consideration
Whether the environmental clearance granted to the Sixth Respondent for setting up a 355 MW combined cycle power project is valid and in compliance with the Environment (Protection) Act, 1986 and the Notification dated 14 September 2006.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Environmental clearance
- Public interest litigation
- Power project
- Environment (Protection) Act
- 1986
- Notification dated 14 September 2006
- Prior environmental clearance
- Terms of reference
- Public hearing
- Compliance with conditions
- Judicial review limited to procedural compliance
Case Details
2012 LawText (BOM) (06) 68
Public Interest Litigation No.115 of 2010 with Civil Application No.143 of 2010 and Civil Application No.87 of 2012
Dr. D.Y. Chandrachud, R.D. Dhanuka
Mr. K. Sultan Singh with Mr. V. Hari Pillai, Mr. K. Himmat Singh, Ms. Susha Unni and Mr. Samar Vijay Singh i/b Ms. Sartaj Shaikh and Sushila K. Chaurasia for the Petitioner; Mr. Ajay Basutkar for Respondent No.1; Mr. S.R. Nargolkar, Addl. GP. for Respondent No.2; Smt. Sharmila U. Deshmukh for Respondent No.5; Mr. Navroz Seervai, Senior Advocate with Mr. Milind Sathe, Senior Advocate, Mr. K.A. Setalvad, Senior Advocate, Mrs. R.H. Khan, Mr. Abhishek Sing and Mr. S.D. Bavalekar i/b Mulla & Mulla & Craigie Blunt & Caroe for Respondent No.6.
Gram Panchayat Navlakh Umbre Through Navlakh Umbre Parisar Paryavaran Vikas Sangh
Union of India and others
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Nature of Litigation
Public Interest Litigation challenging environmental clearance for a power project.
Remedy Sought
Petitioner sought quashing of environmental clearance granted to the Sixth Respondent for setting up a 355 MW combined cycle power project.
Filing Reason
Alleged non-compliance with terms of reference, inadequate public hearing, and suppression of material facts in obtaining environmental clearance.
Previous Decisions
Supreme Court order dated 2 May 2012 directing disposal of the petition by 30 June 2012.
Issues
Whether the environmental clearance granted to the Sixth Respondent is valid and in compliance with the Environment (Protection) Act, 1986 and the Notification dated 14 September 2006.
Whether there was any violation of the terms of reference or suppression of material facts.
Submissions/Arguments
Petitioner argued that the environmental clearance was granted without proper compliance with the terms of reference, public hearing was inadequate, and material facts were suppressed.
Respondents contended that all procedures were followed, including public hearing and compliance with terms of reference, and the clearance was valid.
Ratio Decidendi
The environmental clearance was granted after due consideration of all relevant factors, including compliance with terms of reference and public hearing requirements. The court's role in judicial review of environmental clearances is limited to examining procedural compliance and not to substitute its own decision on merits. The challenge was without merit.
Judgment Excerpts
The Petition challenges the environmental clearances granted to the Sixth Respondent for setting up a 355 MWs combined cycle power project.
By consent, the Petition is taken up for hearing and final disposal.
The Petition, which is in the nature of a public interest litigation, has been placed before the Division Bench in pursuance of administrative directions of Hon'ble the Chief Justice in view of an order of the Supreme Court dated 2 May 2012 directing the disposal of the Petition by 30 June 2012.
Procedural History
The petition was filed as Public Interest Litigation No.115 of 2010. The Supreme Court on 2 May 2012 directed disposal by 30 June 2012. The petition was heard and disposed of by the Bombay High Court on 28 June 2012.
Acts & Sections
- Environment (Protection) Act, 1986: Section 3
- Constitution of India: Article 226
