Original language


Date of text
Type of court
Court name
National Green Tribunal
Reference number
Wetlands, Forests, Environmental Impact Assessments, Inspections, Standing, Precaution
Free tags
Environment gen.
Legal questions
Wild species & ecosystems
Pandey, G.K.
Naidu, A.S.
The National Green Tribunal suspended the Environmental Clearance granted to the 1300 MW thermal power plant of M/S Nagarjuna Construction Company Ltd,with the following directions: "We direct the MoEF to take cognizance of the present day scenario and revise the siting criteria, guidelines for setting up of Thermal Power Projects to match with the present day requirements as early as possible so as to avoid future controversies. Further, the principles of sustainable development and precautionary principles mandate that the guidelines should clearly spell out “GO” and “NO GO” areas for locating Thermal Power Plant so that the environmental issues can be internalised right from the beginning of project formation stage. We, therefore, direct the MoEF to frame new guidelines and siting criteria with the observations made in this paragraph for TPPs and file a copy thereof before this Tribunal within a period of three months hence". Public Hearing / consultation is based on the principles of participatory democracy and ensures community participation and is aimed to ensure that the affected persons have a say and their voice is heard and respected. The legislature in its wisdom has given people a right of meaningful participation in decisions affecting their lives and livelihood. In order to have a proper and effective Public Hearing the common man is to be provided access to the executive summary of EIA report and the relevant studies carried out. If their participation has to be meaningful, then they must have full information of the pros and cons of the proposed project and the impact it is likely to have on the environment in the area. As the EIA Report is the key on which the EIA process revolves, it is important that EIA report prepared should be scientific and trustworthy and without any mistakes or ambiguity. MoEF may ensure that the quality of the EIA report remains fool proof and any consultants who’s EIA reports are not found satisfactory, should be blacklisted. MoEF may also finalise and notify the important wetlands in the country as early as possible so that location of developmental projects in and around such ecologically sensitive areas could be avoided in future.