V. Srinivasan v Union of India and others.

The judgment was passed by the NGT on hearing an appeal (18/2011(T) filed against the Environment Clearance granted to the Municipal Corporation of Chennai by Tamil Nadu State Environment Impact Assessment Authority for setting up of Integrated Municipal Solid Waste Processing Plant of 1400 TPD capacity at Pallikaranai village, Kanchipuram District, Tamil Nadu. The appellant contended that the distance between the project site and Guindy National Park was wrongly calculated in the EIA report which led to the grant of Environment Clearance by the SEIAA. Since the project was located within 10 km of the Guindy National Park, it was to be treated as a ‘category A’ project which required Environment Clearance from the Central Government (MoEF) as per the EIA Notification, 2006. The Tribunal took notice of the fact on perusal of the report submitted by the Principal Chief Conservator of Forests and the Chief Wildlife Warden which stated the aerial distance between the two nearest points of the project site and the boundary of the National Park as 5.6 km and 6.2 km. While dealing with the issue of conduct of EIA consultants, the Tribunal stated that they had deprecated such practice adopted by the EIA consultant in furnishing false information and the Central Government (MoEF) had issued suitable guidelines to deal with such project proponents who are guilty of false information resulting in grant of projects, unmindful of the legal and environmental consequences.It further observed that the information furnished by the EIA consultant as to the distance is not only a gross negligence but also a professional misconduct. The Tribunal while setting aside the Environment Clearance on the ground of jurisdiction vis-à-vis distance directed the Ministry of Environment & Forests to consider the grant of EC on the basis of a fresh EIA report.