CUTTACK: National Green Tribunal (NGT) on Tuesday ordered the interim stay order on the iron ore pellet plant project of M/S KAI International Pvt Ltd in the Kapand area under Kaptipada tehsil in Sundargarh district shall remain in operation till a decision is taken on the issue of environment clearance (EC) for it.
However, NGT’s East Zone Bench in Kolkata passed a final order on the petition filed by 23 villagers along with environmental activist Prafulla Samantara with a direction to the Ministry of Environment, Forest & Climate Change (MoEFCC) to take a decision on the grant of EC to project within three months.
The petitioners had sought intervention against the construction activities for the plant undertaken over 167 acre and in the process, thousands of trees were being felled while alleging the project was being undertaken without environmental clearance.
Advocate Sankar Prasad Pani argued on the petitioners’ behalf. On October 8, 2021, NGT passed the interim order directing no construction and felling of trees shall be done at the site by M/S KAI International Pvt Ltd, including the boundary wall, etc till all necessary clearances are granted by the MoEF&CC and other authorities. Later, the tribunal constituted a joint committee to obtain an independent appraisal of the issue in the interest of the protection of the environment.
Taking into consideration the joint committee’s report, the bench of Justice B Amit Sthalekar (judicial member) and Dr Arun Kumar Verma (expert member) disposed of the petition saying, “The facts as they stand need to be examined by the Expert Appraisal Committee (EAC) before whom the question relating to grant of EC to the project is still pending”.
The bench further asked EAC to decide whether the private company which had deposited a sum of Rs 62,77,740 towards royalty and replantation of the trees is liable for payment of environmental compensation for loss caused to the environment in the totality of the facts and circumstances of the case.
In the report of the joint committee, it was observed the proposed project will not have any stagnant effects on the flora and fauna of nearby forests. Implementation of a proper eco-restoration plan can mitigate the adverse impact, if any.