Order of the National Green Tribunal regarding grant of EC to Maharashtra State Power Generation Company Limited for mining at Gare Palma, coal mine project, Raigarh, Chhattisgarh, 15/01/2024
Judgment of the National Green Tribunal (Central Zone Bench, Bhopal) in the matter of Kanhai Ram Patel & Others Vs Union of India.
The application was against grant of Environmental Clearance (EC) dated July 11, 2022 to M/s Maharashtra State Power Generation Company Limited for mining at Gare Palma, Sector-II, Coal Mine Project of Open Cast, 22.0 Metric tonne per annum and underground - 1.6 MTPA capacity in mining lease area of 2583.48 hectares located in villages Tihli Rampur, Kunjemura, Gare, Saraitola, Murogaon, Radopalli, Pata, Chitwali, Dholnara, Jhinka Bahal, Dolesara, Bhalumura, Sarasmal and Libra, tehsil Gharghoda, district Raigarh, Chhattisgarh.
In a 237 page judgment, the NGT quashed the environment clearance (EC) granted to Maharashtra State Power Generation Company Limited for mining at Gare Palma, Sector-II, coal mine project. The Ministry of Environment, Forest and Climate Change (MoEF&CC) has been directed to re-examine the matter from the stage of conducting public consultation afresh.
The NGT said that the EC granted is "vitiated in law on account of observations made hereinabove, particularly, with regard to public consultation, non-consideration of ICMR report, Hydrological study and carrying capacity".