In a remarkable development, the National Green Tribunal (NGT) on October 24 has suspended the clearances given to the 1750-megawatt (MW) Demwe Lower Hydroelectric Project (HEP) planned on the Lohit river in Arunachal Pradesh.
In its detailed order, released on October 27, the NGT ruled that the Environment Minister as Chairperson of the National Board for Wildlife (NWBL), a statutory body constituted under the Wildlife Protection Act, 1972, could not “just brush aside” the views of the majority of NBWL standing committee members.
Suspending the clearances given by the Centre and the state govt, the NGT order added that “the decision taken by the Standing Committee is not in accordance with established principles of law and hence the Standing Committee shall reconsider the issue and pass appropriate orders within a period of six months from the date of the judgment”.
Environmental clearance for the project was given by the Union environment ministry’s Expert Appraisal Committee (EAC) for river valley and hydroelectric projects back in 2009. An in-principle forest clearance for the Lower project was given in February 2012 and agreed upon in 2013.
However, the in-principle clearance of the project was opposed by a majority of the Standing Committee of the NBWL but subsequently cleared by the then-environment minister of state (independent charge), Jayanthi Natarajan, who was also the chairperson of the Standing Committee.
Natarajan is currently under the CBI’s scanner for alleged anomalies in clearance given for diversion of land in Saranda forest in Singhbhum district, Jharkhand to mining company Electrosteel during the previous UPA regime.
The NGT said that it is “of the view that either the Chairperson (Natarajan) should have given a proper reason for rejecting the objection of the majority of the non-official members or the decision ought to have been arrived at based on the opinion of the majority of the members. Even though the Standing Committee is a recommendatory body, the same being a statutory committee, is bound by the laudable principles of justice and fair play”.
SANDRP 