VIJAYAWADA: The Supreme Court, on Monday, dismissed an appeal petition of the state government praying that the order of the National Green Tribunal (NGT) on the Purushottapatnam Lift Irrigation Scheme (LIS), which ruled that environmental clearance (EC) was necessary, be set aside. While the state contended that the tribunal ‘grossly erred’ and ‘failed’ by not considering the ‘basic criteria’ required for determining the requirement of EC, the court disposed of the petition noting that it would not interfere as prayed for.
According to information, senior counsel representing Andhra Pradesh R Venkataramani argued that Purushottapatnam LIS does not fall under the ambit of Environmental Impact Assessment (EIA) notification, 2006, that specifies which projects need prior EC. He informed the bench, comprising Justice Rohinton Fali Nariman and Justice Aniruddha Bose, that the envisaged project would serve only the ayacut under Polavaram Irrigation Project (PIP) and that there was no new ayacut.
He explained that the project, which would also supply water to Visakhapatnam, was temporary in nature and would not be in operation once PIP is ready. He contended since there was no new ayacut or expansion of an existing irrigation project or irrigation component, the project doesn’t need a prior EC as per EIA notification, 2006.
It may be recalled that the NGT, in the application filed by one Madicharla Satyanarayana and Jammula Choudaraiah, ordered on September 9, 2020, to ensure compliance with statutory clearances before going ahead with the project.
Later, the state government filed a review application, which the tribunal dismissed on November 27, 2020. Following this, the state moved the apex court claiming that the impugned orders of the NGT resulted in ‘clear violation’ of principles of natural justice and prayed that the orders be set aside. Advocate Sravan Kumar, representing the respondents Madicharla Satyanarayana and Jammula Choudaraiah, submitted to the court the project in question was taken up in 2016-17 while the EC for PIP was given in 2006.
He explained that the environmental impact and social impact assessments for Purushottapatnam LIS were not taken up and that compensation has not been paid to the farmers whose lands were taken. Sravan Kumar informed the court that the state has been maintaining that it would give water to the same ayacut through Yeleru, PIP and Purushottapatnam LIS projects.After listening to both sides, the bench dismissed the petition.
‘Green tribunal grossly erred on clearance’
While the state contended that the tribunal ‘grossly erred’ and ‘failed’ by not considering the ‘basic criteria’ required for determining the requirement of EC, the SC disposed of the petition noting that it would not interfere as prayed for. It may be recalled that the NGT, in the application filed by one Madicharla Satyanarayana and Jammula Choudaraiah, ordered on September 9, 2020, to ensure compliance with statutory clearances before going ahead with the project