The Sarpanch, Grampanchayat Tiroda, Tal. Sawantwadi and others vs The Ministry of Environment and Forest and others.

The appeal was filed by the Gram Sarpanch, Tiorda against the grant of ‘environment clearance’ to M/s Gogte Minerals for conducting mining operations at Tiroda Iron Ore Mine in Tiroda village, Sawantwadi Taluk, Sindhudurg District of Maharashtra. The Tribunal took note of the fact that the EIA report was prepared by the project proponent through his own consultants at his own expenditure who do not disclose proper facts and information. Furthermore, the Environment Clearance itself was set aside because the Tribunal found institutional bias in the constitution of EAC as the Chairperson of the EAC (mines) M.L. Majumdar was serving on the Board of four Mining companies himself. The National Green Tribunal issued directions to the Ministry of Environment & Forests to conduct a scientific study with regard to the long term impacts of nuclear radiation caused by the thermal power plants. The Tribunal suspended the Environment Clearance with the following directions to the Ministry of Environment & Forests and to complete the entire process within a period of 6 months from the date of receipt of this judgment: Environment Clearance to be kept in abeyance till fresh decision is taken with regard to grant of environment clearance; to place the matter before new EAC (Mining) to which Majumdar (person with interest in the matter) is not a party and seek a fresh consideration of the matter taking all the material available as on date on compliances. If the EAC considers necessary to impose additional conditions, it may direct the proponent to comply with the same including fresh EIA based on prescribed ToR before taking a decision for revival of the EC. Furthermore, the EAC is at liberty to reject or accept the proposal for recommending revival of EC in favour of the project proponent.