Air pollution, Forests, Environmental Impact Assessments, Land Use, Inspections, Standing, Jurisdiction, Civil, Damages

In this case, the plaintiffs challenged the decision granting environmental clearance to set up a coal based thermal power plant. The plaintiffs are living in the neighbouring villages and requested the court to order a new cumulative impact assessment study before issuing a new environmental clearance.

The plaintiffs based their claim on the fact that the decision to allow the coal based thermal power plant was taken without having a cumulative impact assessment which would show what impact the project would have on the environment within a 25 km radius. The plaintiffs point out that the long time frame of the cumulative impact study would allow making a proper assessment of the consequences of the power plants for the local ecosystems, and it would include the effects of the interactions between the monsoon and the power plants.

The National Green Tribunal held in that the Environmental Impact Assessment was not enough because it achieved the collect of data for only one season and did not include the cumulative effect with the monsoon. Consequently, the court quashed the order granting environmental clearance and conditioned the issuing of a new order to the carrying of a cumulative impact assessment.