Environment nod to Amravati Enclave

Tribune News Service

Panchkula, May 21

In a relief to residents, the National Green Tribunal (NGT) has given environment clearance to the Amravati Enclave project by setting aside the order of the State Environment Impact Assessment Authority (SEIAA).

The matter had come up before the tribunal in the case of Ramesh Malik versus Central Government and others, versus M/s Amarnath Agarwal Investment Private Limited versus State Environment Impact Assessment Authority and others. In the case, the Bench comprising the NGT Chairperson, Justice Adarsh Kumar Goel; a judicial member, Justice Sudhir Agarwal; and an expert member, A Senthil, while pronouncing the order, disposed of the petitions.

The NGT Bench, in its order, observed, “We have considered the rival submissions and perused the documents. From the order of SEIAA, it is seen that even according to it, the General Condition appended to EIA Notification dated September 14, 2006, is not applicable. Thus, EC by SEIAA was permissible. Wildlife clearance requirement has been revoked on the basis of order of the Hon’ble Supreme Court in Goa Foundation dated December 4, 2006, which was clarified in judgement dated April 21, 2014, in Para 50 and 51 of the said judgment to the effect that there is no such requirement. Wildlife clearance is required interms of ESZ notification which was directed to be issued within six months though it has still not been issued.

Thus, assumption in the orderof SEIAA that requirement of such clearance was applicable in respect of the project in question is not correct. Accordingly, the report of SEIAA and stand of the applicant cannot be accepted, so as to annul the EC on that ground. Objection of the PP and prayer in I.A. No. 82-83/2022 is accepted to this extent, rendering it unnecessary to pass separate order on the appeal of the PP.”

The NGT order further observed, “As per the order, Sukhna Wildlife has not been notified yet, hence the environment clearance of Amravati Enclave Project cannot be cancelled. It is submitted that the compliance report has been duly submitted. Had it not been submitted, SEIAA could have taken action by now. Rainwater harvesting pits have been installed or are in the process of being provided, as the project is yet to be approved. Similarly noise-monitoring report and noise level test report will be submitted, as the project is yet to be completed. Rules have to be complied with. Hence the petition was dismissed”.