V Srinivasan Vs Union of India

National Green Tribunal set aside the environmental clearance granted by Tamil Nadu Pollution Control Board to a solid waste management project of Chennai Corporation. The Circuit bench held that the project fell within a 10 km radius of a national park and so it had to be cleared by the Environment and Forests Ministry. It dismissed TNPCB's contention that the distance between the nearby Guindy National Park and project site at Pallikaranai was not within 10 km as submitted earlier. The two nearest points of project site and GNP were at 5.6 km and 6.2 km, going by the reports submitted by Principal Chief Conservator of Forests and Chief Wildlife Warden on November 25 last. Passing orders on the petition, the judge along with environmental expert member on the bench said the project was in "Category A" and for such a category, Centre alone can grant the environment clearance. Thus the environment clearance earlier granted by TNPCB was being set aside as the integrated solid waste management facility of Chennai Corporation at Pallikaranai was situated within 10 km radius of a national park, the judge said. The judge also said TNPCB should not "blindly believe" documents submitted by Chennai Corporation which claimed the distance was more than 10 km and said officials involved in preparing the details of the distance "must be dealt with seriously" and may be warned in writing. He said the Enviroment Ministry should not accept the Environmental Impact Assessment report by the project proponent without verification for giving EC. Srinivasan, a Pallikaranai resident, had initially filed the plea before the National Environmental Appellate Authority which was disbanded following the launch of the National Green Tribunal.